Civil military relations study of 1958, 1969’s Martial laws Page 1

Civil military relations study of 1958, 1969’s Martial laws

Causes of martial law in Pakistan:

Pakistan represents an example of how an apolitical military could slowly be drawn into the
political field due to the failure of political institutions and politicians, low political mobilization,
as well as external factors. The main causes of martial law in Pakistan are following:

1. The Untimely Demise of the Quaid-Azam and a Leadership Crisis:

2. Provincialism
3. Extreme Political Instability
4. Factionalism: The Breakdown of the PML
5. Failure of political leadership
6. Interference of the Heads of State
7. Role of Judiciary
8. Homogeneity of the Pakistan Army
9. Absence of Independent Election Commission
10. Continuous obstructing in the constitution making

1. The Untimely Demise of the Quaid-Azam and a Leadership Crisis:

Like many third-world countries, Pakistan was born a fragile nation-state. It was burdened with
ideological and ethnic cleavages, and created amidst administrative chaos. The first year of
Independence was marked by heavy dependence on the charismatic personality of Jinnah;
he was Governor-General and President of the Constituent Assembly. However, he died on
11 September, 1948leaving behind an enduring political vacuum. With Loquat’s death, the front
of “parliamentary democracy” began to erode. The bureaucratic elites did not take long to convert
the office of Governor-General into an instrument of bureaucratic intervention.

2. Provincialism

The geographical separation of East and West Pakistan produced not only administrative,
Physical but social, economic and political problems as well. Distance made communication
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irregular and expensive. Misunderstandings arose easily and were difficult to dispel. Since the
capital was in the West wing, East Pakistan felt neglected. Differences in languages and cultures
were obstacles in the way of national integration.

3. Extreme Political Instability

The decline of civilian institutions in Pakistan was set in motion primarily as a result of
the serious crisis of political leadership within a couple of years of Independence. After Quaid-
e-Azam, Liaquat Ali Khan’s assassination resulted in the conversion of the office of the
Governor General into an instrument of bureaucratic intervention. Bureaucratic intervention,
preemption and opposition among the political leaders made a sham of the parliament and the
cabinet government. The front of “parliamentary politics” continued but in reality the focus
of power had shifted to the bureaucratic and military institutions.

4. Factionalism: The Breakdown of the PML

Research about the rise of the army in Pakistan typically focuses on the vacuum in the
political system due to disintegration of the Muslim League after Partition and the decay of
political institutions in general.

5. Failure of Political Leadership

After the death of Jinnah, his political successors badly failed to create consensus politics.
The second line leadership could not translate the political achievements of Jinnah into a
vibrant, moderate and forward-looking democratic polity. The situation was not much different
at the provincial level where different political parties and leaders engaged in struggle for
power in violation of parliamentary norms.

6. Interference of the Heads of State

In a parliamentary democracy, the head of state has no room for political direction. The office of
the head of state is nominal and non–partisan. In violation of well-established parliamentary
theory, Glulam Muhammad and Iskander Mirza violated this norm and actively manipulated,
politics notwithstanding legal tradition and the terrible consequences of their actions.
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7. Role of Judiciary

All the democratic constitutions of the world provide a list of the fundamental rights of the people
which are recognized and guaranteed by the superior judiciary. Unfortunately, the higher
judiciary in Pakistan did not play this Pakistan’s foundation, and became subservient to the
executive.

8. Homogeneity of the Pakistan Army

The military’s strength in Pakistan is also a result of its strong ethnic and regional cohesion. In
fact, only three Army Chiefs in Pakistan’s history came from outside of the Punjab and NWFP.This
ethnic imbalance has enhanced the military’s efficacy in politics.

9. Absence of Independent Election Commission

Another factor which facilitated the army’s rise to power in Pakistan was that the country
had no democratic elections for eleven years after Independence, and democratic values had
scarcely struck roots.

10. Continuous obstructing in the constitution making

Pakistan and India became independent at one and at the same time India prepared its constitution
within a year but in Pakistan politicians deliberately went on delaying the constitution. At the time
of creation of Pakistan there was general consensus about the constitution but unanimously agreed
ideology was not acceptable to people thus in order to cool down the enthusiasm and favour of the
people they deliberately delayed this issue. Afterwards they initiated such debated such as
provincialism which endangered the national unity thus the army came into action to preserve the
national unity.

Martial Law administrator:

On October 7, 1958, President Iskander Mirza abolished 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 abolished, ministers were
dismissed, Central and Provincial Assemblies were dissolved and all political activities were
banned.
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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 end.

Ayub khan as a martial law administrator:

He removed the post of governor general and announced the new post as president of Pakistan.

President of Pakistan:

Within three weeks of assuming charge on October 27, 1958, General Ayub
khan forced Sikander Mirza to resign with the post of Governor General and then he became the
first president of Pakistan.

Ayub Kahn’s Initial Reforms:

Ayub khan used his authority and made some reforms in the country.

1. He Improved law and order situation in the country.

2. He made new capital of Pakistan (Islamabad).
3. He made Price control list.
4. He took steps to eliminate the smuggling.
5. He asked to return black money.

Ayub’s Land reforms:

Ayub khan setup the commission for land reforms under the supervision of Akhtar Hussain
governor of West Pakistan in 1959 on the recommendation of commission land reforms were
announced the main points of reforms are:

1. No one could own more than 500 acres of irrigated land and 1000 unirrigated land.
2. Landlords were entitled to gift their land to their women and orphan of their family. However
such piece of land could not be more than 250 acres irrigated and 500acres unirrigated land.
3. Landlords who were holding more land than the above mentioned limit were a\ hand them over
to the government.
4. The excess land was redistributed amongst the tenants already cultivating the land. They were
declared owner of the land. Other tenants and landless farmers were given the right to purchase
the piece of land from the government.
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5. The tenants were given legal protection against their discharge from land.it was declared as
unlawful act to charge any illegal fee any other service from the tenants.

These reforms were failed to produce expected results. The limit of ownership was high.
Because a secret door was provided to landlords in the form of pastures and gardens. They were
also allowed to gift their land to their women and children in this way landlord could own as any
as 900 acres irrigated land. Only 902 landlords handed over their land to the government

Ayub’s industrial reforms:

Ayub Khan's era is known for the industrialization in the country. He

created an environment where the private sector was encouraged to establish medium and small-
scale industries in Pakistan. This opened up avenues for new job opportunities and thus the
economic graph of the country started rising.

Ayub’s Educational reforms:

Under the military regime of Ayub khan attention was paid towards the educational sector an
education commission was setup on Dec, 1958.The commission made following recommendation:

1. Under the educational reform academic scholarships was recommended.

2. Instead of two years of B.A program a three year course was devised for B.A, BSC so the
colleges and universities become the real centers of education and knowledge rather that
factories of graduate and masters.
3. The commission laid emphasis on refresher courses to raise the standards of teachers.
4. The commission recommended generous spending of the school’s building laboratories and
scientific equipment.
5. The university ordinance was enforced to keep the students away from politics.
6. Urdu and Bengalis were retained as the mediums of education for the primary level while
English was made compulsory from class six.
7. Large scale and widespread setting up of commercial, agricultural and technical schools was
proposed. Intermediate colleges were turned into higher secondary schools while degree
colleges were planned to be divided into two independent units
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Some of the recommendations made by commission was unacceptable for the students.
Three years of B.A BSC was unacceptable for the students therefore disrupted by the student
protests. Teachers could not get the required facilities in practice. The university ordinance
provoked massive protest instead of keeping them away from politics in fact it was instrumental
in pushing them into politics.

Muslim Family Laws ordinance 1961

President Ayub khan also enforced the Muslim family law ordinance. The family law ordinance
was enacted on the request of ladies under the new ordinance

1. Under the ordinance the registration of nikkah was made compulsory.

2. Second marriage without the permission of the first wife and the chairman union council was
banned.
3. The minimum age of marriage for the boys was fixed at 18year and for the girls it was 16 years.
4. In the case of divorce etc, the duration of date was fixed at ninety (90) days.
5. Orphan grandson was recognized as one of the recipient of the inheritance.

A group of religious scholors opposed this ordinance. They declared that the ordinance was
against the teachings of Islam but with the passage of time people accepted it. During the 1965
elections Ayub khan promised to abolish the unislamic provisions of ordinance but this promise
remained unfulfilled. This ordinance contributed a lot in stirring the public sentiments against
president Ayub khan.

PODO AND EBDO

The Ayub khan government enforced two ordinances to remove the old politician from the political
arena. They were known as

o Public offices disqualification order

o Elected bodies disqualification order

Under the martial law regulations, special tribunals were set up to hold the inquiries against the
ministers and members of the assembly. They were declared valid since 1947 politicians who were
found of guilty of bribery, dishonesty, nepotism and corruption could be disqualified for contesting
elections for fifteen years. Moreover they could also be heavily fined.
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However if a politician willingly announced his retirement from politics for six years prosecution
against him was stopped.Hunderds of politicians benefitted from this concession including
Hussain Shaheed Soharwardi,Nawab Iftikhar Hussain Mamdot. Their departure from politics
paved the way for the new politicians who were willing to cooperate with martial regime and
president Ayub Khan.

Indus Water treaty:

After Independence, problems between the two countries arose over the distribution of water.
Rivers flow into Pakistan territory from across India. In 1947, when Punjab was divided between
the two countries, many of the canal head-works remained with India. The division of Punjab thus
created major problems for irrigation in Pakistan.

On April 1, 1948, India stopped the supply of water to Pakistan from every canal flowing from
India to Pakistan. Pakistan protested and India finally agreed on an interim agreement on May 4,
1948.

This agreement was not a permanent solution; therefore, Pakistan approached the World Bank in
1952 to help settle the problem permanently. Negotiations were carried out between the two
countries through the offices of the World Bank.

It was finally in Ayub Khan's regime that an agreement was signed between India and Pakistan in
September 1960. This agreement is known as the “Indus Water Treaty”.

This treaty divided the use of rivers and canals between the two countries.

Pakistan obtained exclusive rights for the (three Western rivers, namely Indus, Jhelum) and
Chenab. And India retained rights to the(three Eastern rivers, namely Ravi, Beas and Sutluj).
The treaty also guaranteed ten years of uninterrupted water supply. During this period Pakistan
was to build huge dams, financed partly by long-term World Bank loans and compensation money
from India. Three multipurpose dams, Warsak, Mangla and Tarbela were built. A system of eight
link canals was also built, and the remodeling of existing canals was carried out. Five barrages and
a gated siphon were also constructed under this treaty.
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Presidential election and restoration of democracy (1960):

1960’s Presidential Elections were held on the simple formula of referendum, 95.6% of all
BD members have said yes to the question: Do you have confidence in President Field Marshall
Muhammad Ayub Khan, Hilal-e-Pakistan, and Hilal-e-Jurat?

The victory has also provided Ayub Khan the authority to proceed with the framing of constitution
for the country.

Ayub Khan takes oath as the 1st "elected" President of Pakistan.

The Basic Democratic systems

General Ayub khan thought that parliamentary system of democracy remained unsuccessful to
solve the problems of the people of Pakistan. He was of the opinion that in a country like Pakistan
where on one side there was no political awareness and on the other there was poverty, ignorance
and illiteracy so parliamentary system of democracy was not suitable. Ayub khan enforced the
Basic Democratic systems in 1959 to introduce a new political system in the country. It was a
system of local government. It had four stages i.e.

 Union Council
 Tehsil Council
 District Council
 Divisional and provisional council

According to this system, on lower level, in urban or rural area where population consists of 1000
people, they can elect their representatives of a Union council. Later on under the constitution of
1962 all the B.D. members adopted the status of an electoral college and thus BD members used
to elect the president and members of national and provincial assemblies.

The BD system was greatly criticized because the members of National and provincial assemblies
elected in this manner cannot be called the actual public representatives. This system became a
cause of further tension.
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Development of Constitution of 1962:

Ayub Khan appointed a Constitution Commission under the supervision of Justice Shahab-
ud-din. With the aim of investigating the reasons of failure of the parliamentary system in Pakistan,
and to make recommendations for a new constitution, after a number of considerations, the
Commission submitted its report on May 6, 1961. Ayub Khan was not satisfied with the report and
had it processed through various committees. As a result the Constitution, which was promulgated
on March 1, and enforced on June 8, 1962, was entirely different from the one recommended by
the Shahab-ud-din Commission.

1) Written constitution

The Constitution of 1962 consisted of 250 Articles, which were divided into 12 Parts and three
Schedules. The Constitution of 1962 was a written Constitution.

2) Presidential form of government

It advocated presidential form of government with absolute powers vested in the President. The
President was to be a Muslim not less than 35 years of age. The term of the President was for five
years and nobody could hold the post for more than two next terms. The President was the head of
the state as well as the head of the Government. The President had the power to appoint Provincial
Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of
various administrative commissions. As the Supreme Commander of the Armed Forces of
Pakistan, the appointment of the chiefs of the forces was also his duty.

3) Unicameral legislature

The Constitution of 1962 provided for a unicameral legislature. The National Assembly was to
consist of 156 members, including six women. The Eighth Amendment later increased this number
to 218. Principle of parity was retained and seats were distributed equally between the two wings
of the country.

4) Indirect election

Principle of Basic Democracy was introduced for the first time in the country and the system of
indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the
presidential elections.
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5) Islamic clauses

Islamic clauses were included in the Constitution. These could not be challenged in any court of
law. The state was named the Republic of Pakistan, but the first amendment added the word
"Islamic" to the name. The Advisory Council of Islamic Ideology was introduced whose job was
to recommend to the government ways and means to enable Muslims to live their lives according
to the teachings of Islam.

6) Judicial powers

Under the Constitution, the Judiciary had little independence and the appointment of the Chief
Justices and Judges of the Supreme and High Courts was in the hands of the President. The
President also had the power to remove a judge after an inquiry on misconduct or on the basis of
mental or physical illness.

7) National languages of Pakistan

Both Urdu and Bengali were made the national languages of Pakistan and English was declared as
the official language of the country for the first ten years.

8) Amendment process in the constitution

The Constitution was flexible in nature and could be amended by a two-third majority in the
National Assembly and with the approval of the President. In its short life of seven years, eight
amendments were made in the Constitution.

When Ayub Khan handed over power to Yahya Khan, Martial Law was enforced in the country
and the Constitution was terminated on March 25, 1969.

Second Presidential election (1965) against Fatima Jinnah:

In 1964, Ayub confident in his obvious popularity and seeing deep divisions within the
political opposition, called for Presidential elections.

He was however taken by surprise when despite a brief disagreement between the five main
opposition parties the joint opposition agreed on supporting the respected and popular Fatima
Jinnah, the sister of the founder of Pakistan Muhammad Ali Jinnah.
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Despite Quaid e Azam Muhammad Ali Jinnah’s considerable popularity and public dissatisfaction
with Ayub's government, Ayub won with 64% of the vote in a bitterly contested election on
January 2, 1965. The election did not conform to international standards and journalists. It is
widely held, as subsequent historians and analysts almost uniformly say, that the elections were
rigged in favor of Ayub Khan.

Indo-Pak War 1965:

At 3:00 AM on September 6, 1965, without a formal declaration of war,

Indians crossed the international border of West Pakistan and launched a three-pronged offensive
against Lahore, Sialkot and Rajasthan.

There was a violent tank battle on the plains of Punjab. The domestic Indo-Pak conflict
transformed into an international conflict and raised Super Power concerns.

Historical address of Ayub khan (6 Sep 1965):

"My dear countrymen, in this hour of trial you have to remain absolutely calm. You
must know that each one of you has to perform a supreme duty which demands complete
dedication and devotion… Be prepared to strike and to strike hard; for the evil which has
raised its head against your borders is doomed to destruction. Go forward and meet the enemy.
ALLAH is with you..."

The U. S. suspended military supplies to both sides during the Indo-Pak War. Both the Soviet
Union and the United States took a united stand to curtail the conflict within the boundaries of the
Sub-continent from escalating into a global conflict. China threatened to intervene and offered
military support to Pakistan. It was to keep China away from this conflict that both the Soviet
Union and the United States pressured the U. N. to arrange for an immediate ceasefire. The main
diplomatic effort to stop the fighting was conducted under the auspices of the United Nations and
a ceasefire came into effect on September 23, 1965.

Tashkent declaration

The Soviet Union, which had remained neutral while India and Pakistan were at war, played
negotiator at Tashkent afterwards. A Soviet Government communique formally announced on
December 8 that the Indian Prime Minister Shastri and the Pakistani President Ayub would meet
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at Tashkent on January 4, 1966.The Tashkent Conference lasted from January 4 to January 10.
Largely as due to the efforts of Soviet Premier Kosygin, India and Pakistan signed a declaration
that is known as the Tashkent Declaration.

1. The Prime Minister of India and the President of Pakistan agree to make all efforts to establish
good relations between India and Pakistan in accordance with the United Nations Charter.
They affirm to renounce the use of force in the settlement of their disputes.
2. The President of Pakistan and the Indian Prime Minister agree to withdraw, no later than
February 25, 1966, all armed personnel to the position held before August 5, 1964.
3. Both India and Pakistan agree to follow the principle of non-interference in their affairs and
will discourage the use of any propaganda against each other.
4. Both the countries also agree to reopen normal diplomatic functioning and to return of the High
Commissioners of both the countries to their posts.
5. Measures towards the restoration of economic and trade relations, communications, as well as
cultural exchanges between the two countries were to be taken. Measures were to be taken to
implement the existing agreements between Pakistan and India.
6. Prisoners of war would be repatriated.
7. Discussions would continue relating to the problem of refugees and removal of illegal
immigrants. Both sides will create conditions that will prevent the emigration of the people.

Failure of Mohammad Ayub Khan

Following are the major causes of the failure of Ayub's regime

1) Ayub’s Constitutional Dictatorship

In 1958 Ayub's Martial Law had been held by a popular acclaim as it put promise to put an end to
the misuse of power, corruption and political stability but when he ascended to thrown, he started
thinking of life-long rule and when he gave 'his one rule' legal cover under the 1962 Constitution,
the political parties and democratic minded people were not ready to tolerate his dictatorship for a
long time and bitterly opposed the system.

2) Presidential System
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President Ayub introduced Presidential system under 1962 Constitution because he considered
strong executive to be sole panacea of all the political ills prevalent in the country at that time, but
the fact was that he wanted to concentrate everything in his own hands. There was no real division
of powers between the legislature and the executive. As a result the legislature became less
important and executive more authoritarian.

3) Federal form of Government

Under 1962 Constitution Pakistan was a federation. It is the essence of a federation that all
federating units must autonomous in their internal affairs and decisions but it was not the case with
Ayub's federation. It was federal only in theory while in practice the units were under the supreme
control of the centre. They depended upon the centre regarding all their matters and decisions. The
centre dictated them in terms.

4) Ayub's System of indirect Election

Under the 1962 Constitution indirect system of election was adopted. The primary voters were to
elect Basic Democrats who were to serve as an electoral college for the election of the President,
members of National and Provincial Assemblies. Their strength was 80,000 equally distributed
between both the wings. Later on their strength was raised to 120,000. His indirect system of
election was criticized on the ground that the government and other political parties could easily
force the limited number of Basic Democrats to vote for their candidates and the common had
been deprived of their right of proper participation in the affairs of the state or we can say that
there was very restricted franchise.

5) The 1965 War and the Tashkent Declaration

The 965 War proved to be a great setback in Ayub's career. He had adopted a war strategy
according to which the East-Pakistan was left defenseless. However, the strategy remained useless
during the war. The Tashkent Agreement after the 1965 war was not welcomed by the people
because it provided withdrawal retreat of the troops to their respective pre-war positions. That why
Z.A. Bhutto declared that what Pakistan had gained in the battlefield was lost on the diplomatic
table. The core issue of the war was Kashmir dispute but it was not mentioned in the Tashkent
Declaration. Hence no advancement was made for the solution of this problem in the post-Tashkent
Agreement period, which created disappointment not only among masses but also in the army.
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6) Economic instability and Disparity

After coming into power Muhammad Ayub Khan resolved to make Pakistan economically
developed. But he failed to stabilize Pakistan's economy on sound footings. Wealth began to
concentrate in few hands particularly to 22 families.

This socio-economic injustice widened the gap between the rich and the poor. The number of
educated jobless people was increasing day-by-day, prices of essential commodities raised to such
an extent that in 1968 there occurred serious shortage of sugar and drinking, water in Karachi.
Ayub's economic activities did not bring any change and revolution in socio-economic position of
common man. Hence the people frustrated slowly and gradually of his regime.

7) Insistence on One Unit

In October 1955 One Unit was established to create parity between the two wings. Small provinces
and regional political parties had been condemning. One Unit from the very beginning of its
creation when Ayub came to power, he insisted on One Unit, which produced instance reaction
among the small provinces and regional political parties of Bengal. For this purpose they started
agitation against Ayub’s regime to force him to dissolve One Unit.

8) Ayub's Elective Body Disqualification Ordinance

President Muhammad Ayub Khan had introduced EBDO. Many politicians of both the wings of
Pakistan were EBDO for misuse of power. In addition many politicians including Ayub Khuro
were arrested on specific grounds and charges. Ayub Khan' aim of this ordinance was in fact to
remove his political opponents from political scene. This ordinance was severely criticized by the
politicians who termed it as everybody disqualification ordinance.

9) Ayub's Family Law Ordinance

Ayub's regime had promulgated Family Law Ordinance under which polygamy was banned, age
limit was fixed for both the sexes from 14 to 16 years, husbands were restricted to divorce and sale
of daughters was banned etc. Such laws invited the wrath of orthodox religious leaders and people.
Besides, his family planning programme was declared un-Islamic by the staunch Ulama. All the
above policies were also bitterly criticized by religious scholars. Their response also came in the
shape of distress and demonstrations.
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Achievements of Ayub Era

o Agricultural reforms (Green Revolution):

o Government finished all the agricultural feuds.
o Economic reforms: The decade of 1960 is also called the decade of development.
o New industries were developed and dead industries were redeveloped.
o National income increased by 30%.
o Export increased by 7% annually
o Industrial sector progressed by more than 40%.

Weakness of the Ayub era:

Besides all these reforms there were certain weaknesses in Ayub government.

1. The BD system was greatly criticized because the members of National and provincial
assemblies elected in this manner cannot be called the actual public representatives. This system
became a cause of further tension.

2. Twenty two families owned 66% of industries, 80% of banking and 97% of insurance.

3. Industrial workers wages fell by 12%.

4. Benefits for agriculture were given mostly to Punjab and a new class of feudal emerged.

5. Landless peasants were in a worse position than before.

Yahya khan Era as a martial law administrator

o Legal Framework Order 1970

o Dissolution of One-Unit
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o Holding of Pakistan’s first free elections on adult franchise

o Sweeping success of Pakistan People’s Party in West Pakistan and of Awami League in
East Pakistan that ended up triggering drastic political differences between the two wings
of the country.
o The war of 1971 and the division of Pakistan into two independent states.
o Inter-provincial ethnic rivalry

Once Ayub handed over power to Yahya Khan on March 25, 1969, Yahya inherited a two-decade
constitutional problem of inter-provincial ethnic rivalry between the Punjabi-Pashtun-Mohajir
dominated West Pakistan province and the ethnically Bengali Muslim East Pakistan province. In
addition, Yahya also inherited an 11 year old problem of transforming an essentially one man ruled
country to a democratic country, which was the ideological basis of the anti-Ayub movement of
1968-69.

o As an Army Chief, Yahya had all the capabilities, qualifications, and potential. But Yahya
inherited an extremely complex problem and was forced to perform the multiple roles of
caretaker head of the country, drafter of a provisional constitution, resolving the One Unit
question, satisfying the frustrations and the sense of exploitation and discrimination
successively created in the East Wing by a series of government policies since 1948.
o All these were complex problems and the seeds of Pakistan Army’s defeat and humiliation in
December 1971, lay in the fact that Yahya Khan blundered unwittingly into the difficult task
of fixing the problems of Pakistan’s political and administrative system which had been
accruing for 20 years.

The abrogation of 1962 constitution

Yahya khan soon after becoming into power he attempted to take politicians into confidence on
this issue for this purpose instead of calling a round table conference he separately held the
meetings with political leaders.in the beginning the opposition leaders were in favour of restoration
of 1956 constitution Yahya khan himself was in favour of promulgating of new constitution only
Jamaat e Islamic was in favour of restoration of 1956 constitution other leaders Zulfiqar Ali Bhutto
Sheikh Mujeeb Ur Rehman and several other leaders was in favour of new constitution.

Breakup of One unit

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Yahya khan as a chief martial law administrator announced the formal issue of one unit breakup
on April 1, 1970 according to announcement Punjab, Sindh and NWFP and Baluchistan provinces
divisions were explained the president was authorized to deal with the common affairs of all four
provinces including, agriculture, and railways industrial sector.

Legal framework order 1970

The formula was officially issued on March 30, 1970, and is known as the Legal Framework Order
of 1970.

1. According to this order, One Unit was dissolved in West Pakistan and direct ballot replaced
the principle of parity.
2. The National Assembly was to consist of 313 seats, including 13 seats reserved for women.
Women were also allowed to contest the elections from general seats. The distribution of seats
was to be as follows:
o East Pakistan: 162 general and 7 reserved seats
o Punjab: 82 general and 3 reserved seats
o Sindh: 27 general and 1 reserved seat
o N. W. F. P.: 18 general and 1 reserved seat
o Baluchistan: 4 general and 1 reserved seat
o Centrally Administered Tribal Areas: 7 general seats
3. The L. F. O. also defined the qualifications of people who would be allowed to contest in the
elections. The Constituent Assembly was to stand dissolved if it was unable to frame the
Constitution within 120 days. Actually, the Legal Framework Order was to act as an interim
Constitution.
4. The L. F. O. defined the directive principles of State policy and made it clear that the future
Constitution should not violate these basic principles. The directive principles demanded an
Islamic way of life, observation of Islamic moral standards, and teaching of the Quran and
Sunnah to the Muslims.
5. The Legal Framework Order also urged named Islamic Republic of Pakistan. It also called for
the preservation of Islamic Ideology and democratic values.
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6. The Constituent Assembly was also supposed to frame a Constitution in which all citizens of
Pakistan were to enjoy fundamental human rights. Judiciary should remain independent from
the Executive and provincial autonomy is protected.
7. The President was given the power to reject any Constitution framed by the Constituent
Assembly if the document did not fulfill the above-mentioned requirements.

General elections

The 1970 elections were postponed from October to December due to heavy floods that caused
immense destruction and havoc in East Pakistan. The sheer enormity of the disaster attracted
worldwide attention. This gave Sheikh Mujib-ur-Rahman a golden opportunity to have an
international audience for his anti-West Pakistan feelings, which he accused of brutal callousness.
The Awami League gained much sympathy and benefit out of this suffering, and Sheikh Mujib-
ur-Rahman and his people were portrayed on the international scene as victims of West Pakistan’s
indifference.

In the general elections held in December 1970, the Awami League achieved an overwhelming
victory. They captured 167 seats, the highest number in East Pakistan and overall. In the West, the
Pakistan People’s Party had won 85 seats. The way was now open to draw up a new Constitution.

Efforts were made to start a constitutional dialogue and narrow the differences between the two
Wings, but all in vain. Mujib-ur-Rahman’s adamant stand in support of his Six Points, and his
proposal that East Pakistan should have a sovereign status independent of Pakistan, further
aggravated the situation.

Noncooperation movement

Mujib-ur-Rahman launched a non-cooperation movement. The civil administration was totally

paralyzed. All government and educational institutions were closed. Unfortunately, on March 23,
the Republic Day of Pakistan, the Awami League declared “Resistance Day” and Bangladesh flags
flew all over the Province. There was a great massacre. East Pakistan had reached a point of no
return.

India attacked on East Pakistan

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India launched an attack on East Pakistan on November 22, 1971. The use of modern Soviet
missiles, geographical separation by a thousand miles lying across the hostile Indian Territory, and
the collusion of Mukti Bahini and the Indian Army, made Pakistan’s military defeat in the East
almost certain.

On December 10, 1971, the first feeler for surrender in East Pakistan was conveyed to the United
Nations. On December 17, 1971, a formal surrender was submitted and accepted. Forty five
thousand troops and an almost equal number of civilians of West Pakistan were taken as prisoners
of war.

The surrender led to the disintegration of East and West Pakistan and the establishment of
Bangladesh. Pakistan finally recognized Bangladesh at the Islamic Conference in Lahore on
February 22, 1974.

Causes of the fall of East Pakistan:

1. Geographical location:

East and West Pakistan were 1600Km apart from each other and there was no communication
network between them. The people of both these parts had little in common except for their
religion. This made governing them as one country extremely difficult.

2. Difference in the social structure:

Due to large distance east and west wings there happened to be a lot of difference in the social
structures between the TWO wings. They could not develop understanding with each other. The
officers belonging to East Pakistan were very friendly. On the contrary the officers from West
Pakistan, when posted in eats Pakistan, had a different attitude towards the people and maintained
distance from them. This created a sense of hate against West Pakistan.

3. Repeated martial laws:

Ayub Khan’s martial law prevented to establish a suitable parliamentary government in the
country. The public leaders believed that martial laws were the real obstacle in the way of
establishment of a parliamentary system of government.
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4. Language issue:

After the establishment of Pakistan, only Urdu was adopted as national language, but majority of
the East Pakistanis loved their language and literature. After independence when central
government declared only Urdu as national language of Pakistan, the people in East Pakistan
demonstrated and launched a movement in favour of Bengali. The issue language reached the
Bengali nationalism.

5. Provincial autonomy:

East Pakistan wanted complete provincial autonomy, which was not given even though their
people demanded for it. This demand was not accepted till India had attacked East Pakistan in
1971.

6. Economic deprivation and propaganda:

Awami League Party in Bengal made propaganda that east Pakistanis were deprived of economic
equality.

7. International conspiracy:

About 10 million Hindus lived in East Pakistan who hatched on international conspiracy against
Pakistan. America though not openly but also wished separation of East Pakistan. Russia openly
supported India’s aggression against Pakistan.

8. Sheikh Mujib’s majority in election of 1970:

On winning the majority in the elections of 1970, Sheikh Mujib ur-Rehman started increasing his
demands, which were ignored by the military junta ruling Pakistan.

9. Military action in East Pakistan:

After the general elections of December 1970, the law and order situation in East Pakistan had
gone from bad to worse. Government declared Awami Party illegal and took military action against
East Pakistan. This created hatred among Bengalis and they also started armed struggle.
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10. India’s attack:

As a result of military actions, leaders of Awami League and a large number of Bengalis escaped
to India. India started interfering in the affairs of Pakistan. India termed military action in East
Pakistan as an attack on India. On December 16, 1971. East Pakistan became an independent and
free state of Bangladesh.

Bibliography

o http://www.studylecturenotes.com/social-sciences/law/464-causes-of-failure-of-
muhammad-ayub-khan-regime
o https://www.newworldencyclopedia.org/entry/Yahya_Khan
C i v i l m i l i t a r y r e l a t i o n s s t u d y o f 1 9 5 8 , 1 9 6 9 ’ s M a r t i a l l a w s P a g e 22

o https://puics.blogspot.com/2012/06/ayub-khan-complete.html
o https://farmannawaz.wordpress.com/2013/04/01/gateway-to-pakistan-studies-class-9-kpk-
text-book-board/
o https://storyofpakistan.com/the-separation-of-east-pakistan