Constitutional Crisis in Pakistan From 1969 to 1971: Critical Analysis

Abstract

The research paper undertakes the historical perspective of the Constitutional Crisis in Pakistan from 1969-1971. It traces in detail the various stages of the constitutional making and its implications for the legislative, executive and sometimes in civilian terms. The paper also unfolds the facts which were at the force of political happening at that time and adequately explains the reasons for the political turmoil that was witnessed by the Pakistan during 1969-1971. With weak constitutional framework Pakistan was governed on the whims of the military and civilian leadership of that time period. The fall of Dacca, its reasons and its subsequent implications on the administrative and political machinery are also considered and analyzed in this research paper. Apart from political fall outs, the paper addresses the judicial undermining as a consequence of constitutional crisis, which eventual led to the notorious ‘law of necessity’ which has open the gates for the unconstitutional ascendancy to the political power. With the fall of East Pakistan and the declining of the power wielded by the military personnel the power was readily transferred to the political forces in 1971, which have fostered a kind of political stability and was primary aimed at strengthen the political institutions and was aimed at providing the viable constitutional stance where the government should rely upon and the future constitutional crisis could be averted. The paper has the analytical approach to highlight the successive constitutional crisis that Pakistan has witnessed from 1969-1971. The lesson learned through these constitutional crisis are shred with, so that the grieve political and administrative mistakes shouldn’t be repeat at the peril of democratic spirit and which may eventually undermine the ‘theory of separation of power’ whereby the institutions have to restricted to their respective domains in order to check and balance the delicate equilibrium of the polity.