An Analysis of the Constitutional Crisis in Pakistan (1958-1969)

Abstract

Since Pakistan’s independence, many Constitutional problems have stemmed from the role of the army in the state. The growing strength of the army and the corresponding weakening of political parties have made the army the prime political force in the country. On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in the country. This was the first of many military regimes to mar Pakistan’s history. With this step, the Constitution of 1956 was abrogated, ministers were dismissed, Central and Provincial Assemblies were dissolved and all political activities were banned. General Muhammad Ayub Khan, the then Commander-in-Chief of the armed forces, became the Chief Martial Law Administrator. The parliamentary system in Pakistan came to an end. Within three weeks of assuming charge on October 27, 1958, Iskander Mirza was ousted by General Ayub Khan, who then declared himself President. Ayub Khan set up a Constitution Commission which was not only given the responsibility to make recommendations on the future Constitution, but was also to examine the causes of failure of parliamentary government in Pakistan. Ayub Khan was not satisfied with the findings of this commission. The 1962 Constitution was very different from the recommendation of the Constitution Commission, as Ayub Khan favored a presidential form of government. The 1962 Constitution was promulgated on March 1. This ended the three-and-a-half-year Martial Law regime of Ayub Khan. A civilian constitutional government under Ayub Khan replaced his previous military regime. This paper will provide an analysis of the constitutional crises in Pakistan during the period from 1958 to 1969, first Martial Law, pre-requisites of parliamentary system, Ayub Khan’s Basic Democracies, framing of 1962 Constitution, failure of democratic set-up, and his resignation and exit from power. It also analyses the behavior of dictators and their supporters and even opponents which legitimize unconstitutional actions taken by the dictators.