President Yahya Khan’s new legal framework order, which is to be the basis of the forthcoming elections and constitution of Pakistan, has two clauses which political parties in East Pakistan consider not compatible with democracy and a curb on the sovereignty of the Constituent Assembly. One clause says that the President’s refusal to confirm the Constitution Bill will automatically dissolve the Assembly. The other says that the President alone shall finally decide any question or doubt as to the interpretation of any provision of the legal framework, without being challenged in any court.

Already three political parties and some groups in East Pakistan have voiced their disapproval. The East Pakistan Awami League has “strongly deplored” these two clauses and urged the President to protect the sovereignty of the Constituent Assembly. Both the pro-Peking and pro-Moscow factions of the National Awami Party said they opposed any attempt to limit the powers of the Assembly.

West Pakistan leaders have welcomed the President’s plan though some are uneasy about East Pakistan having 169 seats out of 313. Rightist politicians and Press in East Pakistan also hailed the legal framework. The five basic principles of the constitution are:

The constitution must be Islamic.

Pakistan must be united in a Federal union preserving territorial unity.

It must be democratic, with compulsory periodic election with adult franchise and with an independent judiciary and secure fundamental rights.

There must be true federation with maximum provincial autonomy but with adequate powers at the centre.

There must be statutory provision for the removal of economic disparity between East and West Pakistan.

The President, who is also the chief martial law administrator, said: “I have no intention of curbing the sovereignty of the people or their elected representatives. Martial law is not my choosing”, he added. In the future, the constitution can be amended erasing the present limitations on the Assembly. Undoubtedly politics in Pakistan have been in a sorry mess which brought about two periods of martial law and has kept the Army baby-sitting over the State for the past 12 years.

Separatists Signs

Separatist tendencies have been apparent in West and East Pakistan. At a meeting in Dacca, the pro-Peking students union avowed to establish “independent sovereign East Bengal through armed revolution”. These signs are indeed disquieting. Irresponsible remarks made “off the record”, but often to foreign journalists and diplomats, by an East Pakistan autonomist leader about opening up trade with India, or reducing defence expenditure, perhaps made the military regime reluctant to give the provinces greater powers.

The President’s “Five Points” provide constitutional protection for one undivided Pakistan. Without defining provincial autonomy, he has set limits to its extent. Similarly, without enumerating the powers of the central Government, he has provided the requirements for viable national rule. Under a “true Federal system” provinces are assured of “maximum autonomy”, including financial power. Similarly, the centre has been promised adequate powers.

In short, the new constitution under which the President has promised to transfer power would not be anything such as a confederation or a centre without financial powers, or in which the provinces might have the right to secede. Some deluded factions in the East Pakistan Awami League were reportedly favouring to incorporate in the constitution the right of a province to secede.

An analysis of the “five points” and of a “six-point” autonomy programme for East Pakistan issued by the Awami League President, Sheikh Mujibur Rahman, shows that the latter had been cornered. He was hoping to sweep the poll with the autonomy issue as his party’s platform and was asking for “complete provincial autonomy” except for defence, currency and foreign affairs. It was rather absurd to try to separate foreign trade from foreign policy and President Yahya had already promised to remove the disparity in economic development between East and West Pakistan.

Democracy’s Path

President Yahya’s “Five Points” uphold the democratic character of the constitution. Pakistan had parliamentary democracy with gross interferences and infringements by successive Heads of State for 11 years and a decade of corrupt “basic democracy” under Ayub Khan. Since its creation 22 years ago, Pakistan has had no national election. Finally the “Five Points” reaffirm Pakistan’s continued adherence to Islamic ideology, the basis of Pakistan’s creation.

President Yahya’s one-year record, by all counts, seems remarkable. He has been fulfilling his promises to the nation one by one. However, it would be rash to presume that the legal framework will act as a panacea for Pakistan’s political ills, the country has produced two constitutions, those of 1950 and 1962, which were both scrapped. It also remains to be seen whether the newly elected representatives will be able to frame the constitution within the allotted 120 days after the election in October. There are likely to be many disputes and deadlocks. It would be no surprise if the new Constituent Assembly failed in its fundamental task and was dissolved.

When asked whether he would consider giving a draft constitution if the Assembly failed to produce one, the President said: “I am used to thinking ahead but not that ahead.” But if the task fell on him, he would not be “caught unprepared”, added an aide. Experts are reported to be already working on a new constitution and in fact the legal framework, with 27 clauses and 45 schedules is a condensed constitution.