A Study of the Problems of Federalism in Pakistan (1947-1971)

Abstract

Various scholars agree that the structuring of a federal form of government requires that the powers granted to the local units must not be trivial but substantial. Moreover, a federal constitution embodying federal principles alone would not be enough to satisfy different groups in a plural society but the principle of federal constitutionalism must be observed which involves the respect of the spirit of the constitution by those who operate different state organs. In the early phase of the constitutional and political history of Pakistan, the working relationship between the federal government and various provincial governments had not remained ideal whereas the constitutional settlement of various federal problems like the nature of legislature, distribution of powers, proportion of representation for units along with mode and shape of the electoral system were among some of the key issues faced by the decision makers in the country which ultimately led to the enforcement of One-Unit Scheme inherently manifesting a highly centralized form of government. Accordingly, this study reviews the constitutional and political problems faced by the ruling elite in Pakistan in terms of establishing a genuine federal form of government after 1947 until 1971. While analyzing various constitutional proposals and instruments applied in Pakistan, it finds that Pakistan never enjoyed a true federal setup during the period under analysis hence the country could not inculcate and enjoy the much-desired political stability.