Basic Principles Committee
The Basic Principles Committee (BPC) was a specialised committee set up on 12 March 1949 by Khawaja Nazimuddin on the advice of prime minister Liaquat Ali Khan. The committee’s sole purpose was to determine the basic underlying principles that would determine future constitutions and legislature in Pakistan.[1]
History
The committee was established on the advice of Prime Minister Liaquat Ali Khan. It was the most important of the committees, which were set up to draw the future constitutions on the basis of the principles given in the Objectives Resolution. It held two meetings in April 1949, and set up three subcomittees to deal with subjects like the distribution of powers, federal and provincial constitutions, judicinary and franchise, as well as a Board of Talimat-i-Islamia (teachings of Islam) to advise on matters arising out of the Objectives Resolution.[2]
Initial recommendations
On 28 September 1950, the BPC presented its interim report to the Legislative Assembly.[1] The main recommendations in the report were also simultaneously published in an article in the Dawn newspaper[2] ushering strong criticism from the public, particularly from critics in East Pakistan.[1]
The report called for the state of Pakistan to be a federation where Urdu was to be the state language. It also recommended for the Objectives Resolution was to be made a part of the constitution serving as the directive principle of the state policy.
The central legislature was to be a bicameral with an upper house consisting of 100 members, and a lower house consisting of 400 members. The upper house was to be elected by the provincial legislature serving as the representative institution of the provinces, while the lower house was to be elected by the people on the basis of adult franchise. The tenure of both houses was to be five years with both enjoying equal power. The decisions regarding budget or monetary bills were to be decided in joint sessions of the two houses.
The head of state was to be elected by a joint session of the two houses for a term of five years working on the advice of the Prime Minister. Federal legislature would have the authority to remove the head of state. The head of state was given added powers like the authority to abrogate the constitution and issue ordinances.
Each province would have its own legislature elected on the basis of adult franchise for a term of five years. The head of the provincial legislature was to be elected by the head of state for term of five years working on the advice of the Chief Minister.
The Supreme Court was the head of judiciary. It would consist of the Chief Justice and two–six judges. And High Courts for each province were to be established.
A Board of Ulama would be appointed by the head of state and provincial governors to examine the process of law making and to ensure that laws were in accordance with the Quran and Sunnah.
Legislative power was to be divided in three lists:
- Federal list, comprising 67 subjects on which the central legislature would legislate;
- Provincial list, comprising 35 items on which the provincial legislature would legislate; and,
- Concurrent list, comprising 37 items on which both the central and provincial legislatures had the authority to legislate.
The residuary powers were vested in the centre.
The procedure to amend the constitution was made very rigid. It required a majority approval from the central and provincial legislatures. In case of any dispute, the Supreme Court would have the authority to interpret the constitution.
Reaction and criticism
These initial recommendations raised a fire-storm of protest. It was called reactionary, undemocratic, an insult to Islam, smacking of fascist approach, subversive of the ideology of Pakistan and a gross betrayal of the solemn pledges made to the people.[2]
In particular, the report was highly criticised by Sris Chandra Chattopadhyay who observed that East Pakistan, being more populous that West Pakistan would be under-represented if both were given equal number of seats in the upper house. This would have effectively rendered East Pakistan a minority.
Bengali critics also voiced concern over making Urdu the national language while thoroughly neglecting Bengali from the constitutional arena. There was also criticism on the proposals for a strong centre with vast powers on financial matters.
On October 4, 1950, in an editorial published in the Nawa-i-Waqt, the report was called a ‘charter of people’s slavery’.
Final recommendations
The committee held its last meeting on December 19, 1952, when its report was signed. It was a stormy affair. Mumtaz Daultana, Nurul Amin, Begum Jahanara Shahnawaz, A.H. Gardezi, Justice Abdul Rashid and Maulana Mohammad Akram Khan were conspicuous by their absence. Malik Shaukat Ali signed it conditionally. The report was presented to the assembly on December 22, 1952.
The modernists denounced the report as a 'surrender to mullahism', a 'statutory recognition of priesthood' designed to create a 'medieval theocracy in the twentieth century.' Dawn (December 31, 1952) wrote the committee had exceeded the limits prescribed the Objectives Resolution. Even Nawa-i-Waqt (December 26, 1952) described the suggestion of creating the ulema's board 'utterly democratic'. The ulema's board was to vet legislation to make sure that it was in keeping with the teachings of Islam.[2]
Members
The committee had 24 members. Maulvi Tamizuddin Khan and Liaquat Ali Khan were its president and vice-president.
References
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