Challenges in Constitution-Making: Impediments to Early Constitutional Development in Pakistan

By: Javeria Wahab (Swat)
After gaining independence from British rule, Pakistan encountered a myriad of challenges spanning economic, social, political, military, and constitutional realms. Despite its inception in 1947, the nation grappled with the task of formulating a constitution, facing substantial delays before achieving this milestone on March 23, 1956—nine years after attaining independence. However, this initial constitutional framework was short-lived, as it faced abrogation in October 1958. Subsequently, a new constitution was crafted in June 1962, only to meet a similar fate with its abrogation in 1969. The delay in constitution making and truncated existence of these early constitutions can be attributed to various factors that impeded the constitution-making process and undermined the stability of these foundational legal frameworks. The issues which led to the delay in constitution making and the truncated existence of the first two constitutions were:
Economic Problems: After its inception, the newly formed country grappled with significant economic challenges. With a sizable population to sustain and limited financial and economic resources, the task proved to be exceptionally demanding. The nation, preoccupied with the imperative of economic development and ensuring the well-being of its citizens, faced considerable difficulties in formulating its inaugural constitution during the initial years of its existence.
Political Instability: Pakistan faced challenges in formulating its inaugural constitution promptly, primarily attributed to persistent political instability. The nation grappled with a lack of sustained leadership, experiencing frequent changes in its political landscape. In the initial decade of independence, the country witnessed a staggering turnover of eight prime ministers. This tumultuous political environment significantly hindered the seamless development of a constitution for Pakistan.
Migrants Issue: The young nation faced the daunting challenge of accommodating over 6 million migrants from India. The government grappled with the formidable task of rehabilitating these individuals and ensuring their basic needs are met, all while contending with limited resources—both financial and political. This arduous process had led to delay in the formation of the constitution as the government redirects its scarce means towards the settlement and well-being of the incoming population.
Tensions with India: Following its formation, Pakistan grappled with challenges related to princely states. The occupation of Junagarh by India and the protracted issue of Kashmir significantly impeded the constitutional formation process. Moreover, complications arising from water and border disputes with India further contributed to the delays in constitution-making.
Lack of unity: The process of drafting the first constitution of the country was significantly impeded by the challenge of achieving a unified stance among the diverse political landscape. The presence of distinct political parties leading various provinces resulted in a political void, hindering consensus. Notably, the formidable Unionist Party held sway in Punjab, while the Congress enjoyed majority influence in the NWFP. Additionally, the ambiguous status of princely states further complicated the constitutional framework.
These intricate political dynamics created a protracted and challenging environment for the formation of the constitution. The divergent interests and priorities of the different regions and political entities necessitated extensive negotiations and compromises. Consequently, the intricate task of drafting a constitution that could accommodate the varied perspectives and aspirations of the nation was prolonged.
Lackluster Approach of Politicians: The politicians displayed a notable lack of enthusiasm for the formation of the constitution, evident in their lackluster approach during the mere 17 days of discussions in the national assembly. This behavior underscores their apparent disinterest in the constitution-making process, a factor that significantly contributed to the delay in its formulation.
Tensions between two Wings of Pakistan: The country faced significant challenges in drafting its constitution due to persistent tensions between East Pakistan, primarily inhabited by the Bengali-speaking population, and West Pakistan. This enduring discord impeded the constitutional-making process, as achieving consensus between both sides was essential. Addressing the concerns and apprehensions of both regions proved to be a formidable task, contributing to a prolonged and intricate constitutional development.
Role of Judiciary and Military: Since its inception, the military has wielded significant influence in shaping the political landscape of the country. This persistent interference had led to frequent changes in government, contributing to political instability. Unfortunately, the judiciary had been unable to fulfill its intended role, leading to delays in the constitution-making process. The recurring involvement of the military in political affairs had far-reaching consequences, adversely affected the nation’s governance and impeded the establishment of a robust constitutional framework. In conclusion, the challenges faced by Pakistan in the process of constitution-making were diverse and deeply rooted in the socio-economic and political complexities of the time. The nascent nation grappled with economic hardships, political instability, the mass migration issue, regional tensions, and a lack of unity among its diverse political entities. These formidable challenges collectively impeded the timely formulation and sustainability of the initial constitutional frameworks.
In late February, the Centre for Governance and Public Accountability organized a comprehensive workshop, drawing participants from across the KPK province. The primary objective was to impart knowledge on governance, accountability, history, and the economy of the country to participants. The article I’ve penned reflects the valuable insights gleaned from this enriching workshop. Undoubtedly, it proved to be a highly beneficial endeavor, offering participants myriad avenues for personal and intellectual growth.