Simone Lawson
Between 1954 and 1955, Pakistan underwent a constitutional crisis, also referred to as a constitutional coup, that marked a decisive shift in the institutional balance of power within the state. The crisis was caused by the dismissal of the Constituent Assembly by Governor-General Ghulam Mohammad, who was the representative of the head of state and Queen of Pakistan, Elizabeth II. This dismissal was in retaliation to the Assembly's amendment of the Government of India Act 1935, which limited the Governor-General's powers. The crisis had significant implications for Pakistan's political process and constitutional framework.
| Characteristics | Values |
|---|---|
| Date | 24 October 1954 |
| Location | Pakistan |
| Event | Governor-General Ghulam Mohammad dismissed the Constituent Assembly |
| Reason | The Assembly's sub-committee decided to curtail his powers |
| Support | General Ayub Khan actively supported Ghulam Mohammad |
| Judicial Ruling | Justice Munir ruled in favour of the dismissal, declaring the Assembly was not a sovereign body |
| Legal Justification | Bracton's maxim: "that which is otherwise not lawful is made lawful by necessity" |
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What You'll Learn
The dismissal of Prime Minister Khawaja Nazimuddin's government
Prime Minister Khawaja Nazimuddin's government was dismissed by Governor-General Ghulam Mohammad, who had the backing of General Ayub Khan. This action was taken despite the Nazimuddin government having the confidence and support of the Constituent Assembly, which had been elected by Pakistani delegates in 1946 and 1947. The Governor-General justified his decision by claiming that the Nazimuddin cabinet was "entirely inadequate to grapple with the difficulties facing the country".
The dismissal of the Nazimuddin government set a precedent for the Governor-General to exert significant influence over the political process in Pakistan. This was a crucial development, given that the Governor-General was the representative of the head of state, Queen Elizabeth II, and had far-reaching implications for the country's constitutional framework.
In October 1954, the Constituent Assembly amended the Government of India Act 1935 to restrict the Governor-General's powers. This amendment was a direct response to the Governor-General's previous dismissal of the Nazimuddin government and an attempt by the Assembly to reassert its authority. However, Ghulam Mohammad retaliated by dissolving the Constituent Assembly, arguing that it was not a sovereign body. This action was supported by the federal judiciary, particularly Justice Munir, who ruled in favour of the dismissal and further denied the sovereignty of the Assembly.
The dismissal of the Constituent Assembly, often referred to as Pakistan's "constitutional coup", had long-lasting consequences for the country's political landscape. It marked the end of the Muslim League created by Muhammad Ali Jinnah and signalled the rise of bureaucratic power in Pakistan. The crisis also highlighted the fragile nature of Pakistan's political process at the time, which was still in its early years as a nation, having gained independence in 1947.
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The Governor-General's non-constitutional emergency powers
These actions have been described as a "constitutional coup", as Ghulam Mohammad was the representative of the head of state and the Queen of Pakistan, Elizabeth II. The legality of his actions was challenged, particularly as they were taken to protect his own position of power. The Constituent Assembly had amended the Government of India Act 1935, which restricted the Governor-General from acting except on the advice of his ministers. In response, Ghulam Mohammad, with the support of General Ayub Khan, dissolved the Constituent Assembly.
The justification for these actions was provided by Justice Munir, who ruled in favour of the dismissal, stating that the Assembly was not a sovereign body. Munir's ruling destroyed Pakistan's existing constitutional basis, as he did not indicate where sovereignty resided, creating a power vacuum. This vacuum allowed Ghulam Mohammad to assume non-constitutional emergency powers, justifying his actions through common law, legal maxims, and historical precedent. He relied on the notion that "the well-being of the people is the supreme law", which was used as a legal basis for all subsequent martial laws.
The use of these non-constitutional emergency powers by the Governor-General had significant consequences for Pakistan's political process and marked a shift in the balance of power within the state structure. It also led to the end of the Muslim League created by Muhammad Ali Jinnah and the rise of the Pakistan bureaucracy.
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The Constituent Assembly's sovereignty
In October 1954, the Constituent Assembly amended the Government of India Act 1935, restricting the Governor-General's powers. In response, Ghulam Mohammad, with the support of General Ayub Khan, dissolved the Constituent Assembly, arguing that it was not a sovereign body. This view was upheld by Justice Munir in the case of Federation of Pakistan v. Maulvi Tamizuddin Khan, who declared that the Assembly was not sovereign and that it had lived in a fool's paradise if ever seized with the notion that it was the sovereign body of the state."
However, this denial of the Assembly's sovereignty had significant consequences for Pakistan's constitutional framework. According to Allen McGrath, author of "The Destruction of Pakistan's Democracy", Munir's failure to indicate where sovereignty resided created a power vacuum that paved the way for Ghulam Mohammad to assume emergency powers. This marked a decisive shift in the institutional balance of power within the Pakistani state, with the bureaucracy overtly seizing power from the Muslim League.
The crisis highlights the delicate balance of power between different branches of government and the potential consequences when the sovereignty of a legislative body is called into question. It also underscores the importance of a clear constitutional framework in resolving political disputes and maintaining the stability of a nation's political process.
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The legality of the Governor-General's actions
The Governor-General's actions have been described as a "constitutional coup" due to the nature of his position as the representative of the head of state and the Queen of Pakistan, Elizabeth II. The legality of his actions was challenged, particularly because the Constituent Assembly had amended the Government of India Act 1935 to restrict the Governor-General's powers. The Assembly's amendment stated that the Governor-General could not act except on the advice of his ministers.
However, the federal judiciary, specifically Justice Munir, in the case of Federation of Pakistan v. Maulvi Tamizuddin Khan, condoned Ghulam Mohammad's actions. Justice Munir ruled in favour of the dismissal, declaring that the Assembly was not a sovereign body. He argued that the Assembly had mistakenly believed it was the sovereign body of the state. To support the use of non-constitutional emergency powers by Ghulam Mohammad, Justice Munir drew on legal maxims and historical precedents beyond the scope of the written constitution. He cited Bracton's maxim, "that which is otherwise not lawful is made lawful by necessity," and the Roman law maxim, "the well-being of the people is the supreme law."
The Governor-General's actions and their legal justification by Justice Munir had significant implications for Pakistan's political system. According to analysts like Allen McGrath, author of the Destruction of Pakistan's Democracy, Justice Munir's denial of the Assembly's sovereignty and his failure to indicate where sovereignty resided created a power vacuum. This vacuum ultimately shifted the balance of power within the Pakistani state, marking the end of the Muslim League and the rise of bureaucratic rule.
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Pakistan's connection with the British Crown
The Dominion of Pakistan, officially Pakistan, was an independent federal dominion in the British Commonwealth of Nations, which existed from 14 August 1947 to 23 March 1956. Before 1947, about half of the area of present-day Pakistan was part of British India, governed directly by the British Crown. The other half consisted of princely states in subsidiary alliances with the British, enjoying semi-autonomous self-government.
In 1947, the Indian Independence Act divided British India into two independent sovereign states: India and Pakistan. Pakistan was to be a self-governing country within the British Commonwealth, sharing a monarch with the United Kingdom and the other Dominions of the Commonwealth. From 1947 to 1952, King George VI was the sovereign of Pakistan. After his death in 1952, his daughter, Princess Elizabeth, became the new monarch of Pakistan. During her coronation in 1953, Elizabeth II was crowned Queen of Pakistan and other independent Commonwealth realms. In her coronation oath, she promised "to govern the Peoples of ... Pakistan ... according to their respective laws and customs".
The monarch's constitutional roles in Pakistan were mostly delegated to the Governor-General of Pakistan, who had the power to choose and appoint the Council of Ministers and dismiss them at his discretion. Pakistani ministers of the Crown held office at the pleasure of the governor-general, and Pakistani ambassadors and representatives abroad required royal approval. The governor-general's role was not merely ceremonial, as he was the representative of the head of state and Queen of Pakistan, Elizabeth II.
The constitutional crisis of 1954-1955 was precipitated by the Governor-General Ghulam Mohammad's decision to dissolve the Constituent Assembly, which had almost finalised the draft of the constitution. This action was later described as Pakistan's constitutional coup. The crisis marked a decisive shift in the institutional balance of power within the fledgling Pakistani state.
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Frequently asked questions
The crisis was caused by the dismissal of the Pakistani Prime Minister Khawaja Nazimuddin's government in 1953 by Governor-General Ghulam Mohammad, despite Nazimuddin having the support of the Constituent Assembly. In 1954, Ghulam Mohammad also dissolved the Constituent Assembly, which had been close to finalizing a draft of the constitution.
On this date, the Constituent Assembly amended the Government of India Act 1935, limiting the Governor-General's powers. This prompted Ghulam Mohammad to dissolve the assembly.
Ghulam Mohammad's actions, supported by General Ayub Khan, marked a shift in the institutional balance of power in Pakistan's fledgling political system. They also ended the Muslim League created by Muhammad Ali Jinnah.
Justice Munir ruled in favour of the dismissal, arguing that the Assembly was not a sovereign body. To support the use of non-constitutional emergency powers, Munir cited legal maxims and English historical precedent.
