Yahya Khan Legal Framework Order

Little versed in constitutional issues, he appointed a team to draft a new constitutional formula. He expressed his views on constitutional issues in his radio address to the nation on November 28, 1969. The formula was officially published on 30 March 1970 and is known as the Legal Framework Ordinance 1970. Under this order, one unit in West Pakistan was dissolved and direct voting replaced the principle of parity. This Ordinance shall apply notwithstanding anything to the contrary in the Interim Constitutional Decree, the Constitution of the Islamic Republic of Pakistan of 1962 or any other law now in force. After the abrogation of the 1962 constitution, Yahya Khan needed a legal framework to hold elections. In April and July 1969, he met with prominent party leaders to hear their views. Most of them called for the revival of the 1956 constitution on the grounds that its abrogation was illegal and that the country should return to the constitutional position that prevailed on the eve of the 1958 coup. Yahya Khan initially agreed with this opinion, but had to change his position due to opposition from the Awami League. Although the regulation deals mainly with electoral procedures, it can nevertheless be considered a constitutional milestone, since in this order the principle of adult suffrage has been reintroduced to encourage the direct election of the legislative and executive powers.

In addition, the Order provided some basic principles for the country`s future constitution. (1) Muslims in Pakistan should be able, individually and collectively, to organize their lives in accordance with the teachings of Islam as set forth in the Holy Quran and the Sunnah; (3) The exercise by an officer of the National Assembly of the powers conferred on him or her to regulate procedure, conduct business or maintain order in or in connection with the business of the Assembly shall not be subject to the jurisdiction of any court. General Yahya Khan succeeded his predecessor, President Ayub Khan, to restore law and order in Pakistan, which had deteriorated in the last days of the Ayub regime. [3] Yahya promised to convert the country to democracy and to hold direct elections to that end. [3] Gen. Yahya also had to decide how the two wings of the country, East Pakistan and West Pakistan, should be represented. [4] Although geographically smaller and separated from West Pakistan by the full width of India, East Pakistan (formerly East Bengal) accounted for more than half of the national population and was mainly inhabited by Bengalis. Allegations of ethnic discrimination and lack of representation have led to unrest and conflict between Pakistan`s two wings. [3] The Awami League, the largest political party in East Pakistan, supported Bengali nationalism and sought greater autonomy for the province, which most West Pakistanis considered secessionist. [4] NOW, in pursuance of the proclamation of March 25, 1969 and in the exercise of all powers authorized to do so, the President and the Chief Martial Law Administrator are pleased to make the following order: The President, Vice-President and such other members shall be entitled to such indemnities and privileges as the President may have. on order, prescribe. (1) Pakistan is a federal republic, to be known as the Islamic Republic of Pakistan, in which the provinces and other territories now belonging to Pakistan and which may be admitted in the future are united into a federation in such a way as to ensure the independence, territorial integrity and national solidarity of Pakistan and to ensure that the unity of the federation is not affected in any way.

Nothing in this article shall be construed as preventing the President from convening the National Assembly on the ground that not all seats of members are occupied. Q: The country`s constitution will allow Pakistan`s Muslims to live their lives according to the teachings of Islam. Minorities will be free to follow their faith and will be able to enjoy the benefits of citizenship with their Pakistani compatriots. (1) The National Assembly shall, as soon as practicable, elect two of its members as President or Vice-President and, as soon as the office of President or Vice-President becomes vacant, elect another Member as President or, as the case may be. Deputy Spokesperson. (b) the fundamental rights of citizens are defined and guaranteed; The Constitution sets out the principles of State policy that guide the State in the following areas: (i) Following the universal election of members of the National Assembly, the President shall convene the National Assembly for the purpose of drafting a constitution for Pakistan to meet at such time, time and place as he deems appropriate; and the National Assembly thus convened shall be constituted on the day of its first session: 4. During the absence of the President at a session of the National Assembly, the Vice-President or, in the absence of the Vice-President, this member, who may be designated in the Rules of Procedure of the Assembly, shall exercise the functions of the President. (d) it was at some point after 1. Member of the Presidential Council of Ministers in August 1969, unless a period of two years or less has elapsed since the termination of the ministerial function which the President may grant in a particular case; or (c) his name appears on the electoral roll of a constituency in the province or tribal areas from which the central administration is from which he is standing for election. The legislative framework regulation also required the Constituent Assembly to draft a constitution in which Pakistan would be a federal republic and would be called the Islamic Republic of Pakistan. He also called for the preservation of Islamic ideology and democratic values. The Constituent Assembly should also draft a constitution in which all Pakistani citizens should enjoy basic human rights.

The judiciary must remain independent of the executive and the autonomy of the provinces must be protected. (3) (a) Respect for the fundamental principles of democracy shall be ensured by periodic direct and free elections to federal and Länder laws on the basis of the voting rights of the population and adults; 2. Minorities shall be able to freely profess and practise their religion and enjoy all the rights, privileges and protections they enjoy as citizens of Pakistan. (b) two other members, each a permanent judge of a High Court. (4) It is decreed that no law shall be promulgated contrary to the teachings and requirements of Islam as set forth in the Holy Quran and the Sunnah. 1: The National Assembly of Pakistan will have 313 seats, 13 of which will be reserved for women. Out of 313, 169 seats were reserved for East Pakistan, 85 for Punjab, 28 for Sindh, 19 for North West Frontier Province, 5 for Balochistan and 7 for tribal areas. c) If a resolution expressing confidence in him is presented to the Assembly after a period of at least fourteen days from his intention to propose it and adopted with the votes of at least two-thirds of the total number of members of the National Assembly. (3) To provide facilities for the teaching of the Holy Quran and Islamiat to Muslims in Pakistan; and a: Pakistan will be the Federal Republic and will be known as the Islamic Republic of Pakistan b: The Pakistani head of state would be Muslim and the deity of Islam would be preserved in the constitution. (1) There shall be a National Assembly of Pakistan consisting of three hundred and thirteen members, of whom three hundred shall be elected to fill the seats general and thirteen to fill the seats reserved for women.

CONSIDERING that it is necessary to provide for the formation of a National Assembly of Pakistan for the purpose of making provision for the Constitution of Pakistan in accordance with these Rules of Procedure and a Provincial Assembly for each province. Provided that the disqualification provided for in paragraph (h) does not apply to any person – If a seat in the National Assembly has become vacant, an election to fill the vacancy shall be held within three weeks of the vacancy. The LFO responded to a long-standing demand of the Bengalis by accepting proportional representation, much to the chagrin of many West Pakistanis who opposed the idea of an East Pakistani-led government. [4] Many East Pakistanis criticized the LFO`s reservation that the president had the power to authenticate the constitution. Yahya Khan assured Bengal that this was only a procedural formality and was necessary for the democratization of the country. [10] Yahya Khan ignored intelligence reports about India`s increasing influence in East Pakistan and the fact that Mujib intended to tear up the LFO after the elections. [11] (1) If, at any time during a session of the National Assembly, the Speaker is informed that the number of persons present is less than one hundred, the President shall suspend the sitting until the number of members present does not exceed one hundred or adjourns the sitting.