23rd March – Pakistan Resolution 1940 & Republic Day -1956

On March 23, A.K. Fazul Haq, the Chief Minister of Bengal, Moved the historical Lahore Resolution. The Resolution consisted of five paragraphs and each paragraph was only one sentence long. Although clumsily worded, it delivered a clear message.

The Resolution Declared

“While approving and endorsing the action taken by the Council and the Working Committee of the All-India Muslim League, as indicated in their resolutions dated the 27th of August, 17th and 18th of September and 22nd of October, 1939, and 3rd of February 1940, on the constitutional issue, this session of the All-India Muslim League emphatically reiterates that the scheme of Federation embodied in the Government of India Act, 1935 is totally unsuited to, and unworkable in the peculiar conditions of this country and is altogether unacceptable to Muslim India.

It further records its emphatic view that while the declaration dated the 18th of October, 1939, made by the Viceroy on behalf of His Majesty’s Government is reassuring in so far as it declares that the policy and plan on which the Government of India Act, 1935 is based will be reconsidered in consultation with the various parties, interests and communities in India, Muslim India will not be satisfied unless the whole constitutional plan is reconsidered de novo and that no revised plan would be acceptable to the Muslims unless it is framed with their approval and consent.

Resolved that it is the considered view of this session of the All-India Muslim League that no constitutional plan would be workable in this country or acceptable to Muslims unless it is designed on the following basic principle, namely, that geographically contiguous units are demarcated into regions which should be so constituted, with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in a majority, as in the North-Western and Eastern Zones of India, should be grouped to constitute ‘Independent States’ in which the constituent units shall be autonomous and sovereign.

That adequate, effective and mandatory safeguards should be specifically provided in the constitution for minorities in these units and in these regions for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them; and in other parts of India where Mussalmans are in a minority, adequate, effective and mandatory safeguard shall be specially provided in the constitution for them and other minorities for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them.

This session further authorizes the Working Committee to frame a scheme of constitution in accordance with these basic principles, providing for the assumption finally by the respective regions of all powers such as defence, external affairs, communications, customs and such other matters as may be necessary”.

Besides many others, the Resolution was seconded by Chaudhary Khaliquzzam from UP, Maulana Zafar Ali Khan from Punjab, Sardar Aurangzeb from the N. W. F. P, Sir Abdullah Haroon from Sindh, and Qazi Muhammad Esa from Baluchistan. Those who seconded the resolution, in their speeches declared the occasion as a historic one. The Resolution was eventually passed on the last day of the moot, i.e. March 24.

Controversies

The name Pakistan was not used in the resolution and the official name of the resolution was Lahore Resolution. It was the Hindu newspapers including Partap, Bande Matram, Milap, Tribune etc., who ironically coined the name Pakistan Resolution. However, the idea was appreciated by the Muslim masses and the Resolution is more known as Pakistan Resolution. Secondly, the Government and people of Pakistan wrongly celebrate March 23 as a national day in Pakistan. The actual day when the resolution was passed was March 24.

 It was only presented on March 23. Lastly, it the word “states” and not “state” was mentioned in the Resolution. It means that the authors of the Resolution were foreseeing two separate states in the north-western and eastern zones of India. But if one has a good look at the developments that followed, he or she would come to the conclusion that either the word “states” was included as a mistake or the League leadership soon had a second thought to their idea. A Resolution passed at the 1941 Madras session of the League stated, “Everyone should clearly understand that we are striving for one independent and sovereign Muslim State.” In all the speeches that Quaid delivered, he also used the word “an independent homeland” or “an independent Muslim state”. It was, however, modified to be one state instead of States in All India Muslim Leagues’ Meeting.

Hindu Reaction

The Hindu reaction was, of course, quick, bitter and malicious. They called the “Pakistan” demand “anti-national.” They characterized it as “vivisection; above all, they denounced it as imperialist  inspired to obstruct India’s march to freedom.” In denouncing the demand outright, they, however, missed the central fact of the Indian political situation; the astonishingly tremendous response of the Pakistan demand had elicited from the Muslim masses. They also failed to take cognizance of the fact that a hundred million Muslims were now supremely conscious of their distinct nationhood and were prepared to stake everything to actualize their self-perceived destiny  the creation of an independent Muslim state in the sub-continent.

British Reaction

The British were equally hostile to the Muslim demand for at least two important reasons. First, they had long considered themselves as the architects of the unity of India and of an Indian nation. Second, they had long regarded the super-imposed unity under tax Britannica as their greatest achievement and lasting contribution in history. And the Pakistan demand threatened to undo these presumed achievements on which the British had long prided. However, despite the Hindu denunciation and the British alarm, the course of Muslim, indeed Indian, politics was from now on firmly set towards Pakistan.

Conclusion

The All India Muslim League Resolution of March 1940, commonly known as the Pakistan Resolution, is undoubtedly the most important event that changed the course of Indian history and left deep marks on the world history. With the passage of this Resolution, the Muslims of the sub-continent changed their demand from “Separate Electorates” to a “Separate State.”  This Resolution rejected the idea of a United India and the creation of an independent Muslim state was set as their ultimate goal. It gave new energy and courage to the Muslims of the region who gathered around Quaid-i-Azam from the platform of the Muslim League to struggle for their freedom. The dynamic leadership of the Quaid and the commitment and devotion of the followers made it possible for them to achieve an independent state within seven years of their struggle, and that too when the odds were against them.

Constitution of 1956

After assuming charge as Prime Minister, Chaudhary Muhammad Ali and his team worked hard to formulate a constitution. The committee, which was assigned the task to frame the Constitution, presented the draft Bill in the Constituent Assembly of Pakistan on January 9, 1956. The bill was opposed by the Bengali autonomists. Bhashai, the leader of Awami League in East Pakistan, even used the threat of secession to press for autonomy and his party staged a walkout from the Assembly on February 29, when the Assembly adopted the Constitution. Later on, Awami League boycotted the official ceremonies celebrating the inauguration of the Constitution. However, in spite of their opposition, the Constitution was adopted and was enforced on March 23, 1956. With this Pakistan’s status as a dominion ended and the country was declared an Islamic Republic of Pakistan. Constituent Assembly became interim National Assembly and Governor-General Iskander Mirza sworn in as the first President of Pakistan.

The Constitution of 1956 consisted of 234 articles, divided into 13 parts and 6 schedules. Following were the chief characteristics of the Constitution:

1. Pakistan was declared as an Islamic Republic and it was made mandatory that only a Muslim could become the President of the country. President would set up an Organization for Islamic Research. Good relations with the Muslim countries became the main objective of the Foreign Policy. Objectives Resolution and Quaid’s declaration that Pakistan would be a democratic state based on Islamic principles of social justice were made the preamble of the Constitution. Steps were to be taken to enable the Muslims individually and collectively to order their lives in accordance with the teaching of Quran and Sunnah and to implement Islamic moral standards. The sectarian interpretations among the Muslims were to get due regard. Measures were to be taken to properly organize zakat, waqfs, and mosques. However, one clause relating to the elimination of riba, which was the part of the draft was eventually dropped.
2. The constitution provided for the federal form of government with three lists of subjects: federal, provincial and concurrent. The federal list consisted of 33 items, provincial of 94 items and concurrent list of 19 items. The federal legislation was to get precedence over provincial legislation regarding concurrent list. In case of a conflict between federal and provincial governments, or between the provincial governments, Chief Justice of the Supreme Court was to act as a mediator. Federal government exercised wider control in provincial matters in case of emergency.
3. Though the constitution provided for the Parliamentary form of Government, yet it declared that the executive authority of the Federation would be in the president.
4. Any Muslim citizen of Pakistan, who was at least forty years old, could be elected as the President of Pakistan for the term of five years. No one was entitled to hold this office for more than two tenures. 3/4th members of the Assembly could impeach the president.
5. President could appoint from amongst the MNAs a Prime Minister who had to take the vote of confidence from the house in two months. The Prime Minister had to inform the president about all the decisions of the cabinet.
6. Ministers could be taken from outside the National Assembly but they were to get themselves elected within six months.
7. President had the power to summon, prorogue, and dissolve the Assembly on the advice of the cabinet. No bill imposing taxes or involving expenditure could be moved without his consent. He had partial veto power. He could give or withhold his assent to a bill passed by the Assembly.
8. Prime Minister and his cabinet were to aid and advise the president. The president was required to follow the advice of the cabinet except where he was empowered to act in his own discretion.
9. The Constitution entitled for a Unicameral Legislature. The National Assembly was to consist of 300 members. Age limit of a candidate for a seat in National Assembly was 25 years.
10. Principle of parity was accommodated in the Constitution. West Pakistan was treated as one unit and seats were divided equally between the two wings of the country. National Assembly was to meet at least twice a year. Minimum of one session should be held at Dhaka.
11. Members of the Assembly were to be elected on the basis of Direct Elections conducted on the basis of Adult Franchise. However, for the first ten years five additional seats were reserved for women from each wing. Every citizen, who was more than 21 years in age was considered as an adult.
12. The provincial structure was similar to that of the center. There were 300 members in both provincial assemblies. Ten additional seats were reserved for women. Punjab was given 40% seats in the West Pakistan Assembly.
13. It was a Written Constitution.
14. It was a Flexible Constitution and two third members of the Assembly could bring amendment in the constitution.
15. Fundamental Rights were made justiciable. However, the President had power to suspend the fundamental rights in case of emergency.
16. Elaborate provisions were made for the higher judiciary to ensure its independence.
17. Urdu and Bengali were declared as the state languages. However, for the first twenty years English was to continue as an official language. After ten years, the president was to appoint a commission to make recommendations for the replacement of English.

The constitution was never practically implemented as no elections were held. It was eventually abrogated on October 7, 1958 when Martial Law was enforced.