For those seeking the PDF, it is advisable to check institutional repositories like the Aga Khan Library or the IBA Library online catalogs. However, for the most accurate and complete experience—including the updated political analysis up to 2018—acquiring the from Oxford University Press is highly recommended.
| | Constitutional Issue | Hamid Khan’s Analysis | | --- | --- | --- | | Objective Resolution (1949) | Sovereignty belongs to Allah; state to enable Muslims to live by Islam. | Foundation of all future constitutions; ambiguous on minority rights. | | Basic Principles Committee | Failure to agree on representation (East vs. West Pakistan). | Provincialism undermined constitution-making. | | Dissolution of 1st Constituent Assembly (1954) | Governor-General Ghulam Muhammad dissolved it; upheld by Federal Court (Maulvi Tamizuddin case). | First major blow to parliamentary democracy; birth of doctrine of necessity. | | One Unit (1955) | Merged all West Pakistani provinces into one wing. | Administrative convenience to match East Pakistan’s population; resented later. | | Constitution of 1956 | Parliamentary system; President as ceremonial head. | Short-lived (29 months); abrogated by martial law. |
Khan meticulously details the , which remains the "Magna Carta" of Pakistan’s constitutional history. He dissects the debate between the Ulama (who demanded an Islamic state) and modernists (who demanded a secular federation). The failure to produce a constitution for nine years is attributed, by Khan, to the elite’s unwillingness to compromise on provincial autonomy versus a strong center.
Nevertheless, these criticisms are minor compared to the overwhelming recognition of its value. The book is widely considered an essential and standard text, used at both the LL.B and LL.M levels in Pakistani universities.
| | Detail | | --- | --- | | System | Parliamentary (Prime Minister as executive) | | President | Ceremonial; elected by joint sitting of parliament | | Federalism | Two houses (Senate equal provincial representation; NA by population) | | Islamic Provisions | Islam as state religion; Council of Islamic Ideology; Laws repugnant to Quran/Sunnah void | | Fundamental Rights | Justiciable (suspended during emergency) |
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Hamid Khan is a renowned Pakistani lawyer, scholar, and politician who has been actively involved in the country's politics for several decades. With a rich experience in law, politics, and governance, Khan has written extensively on Pakistan's constitutional and political history. His book, "Constitutional and Political History of Pakistan," is a seminal work that provides an in-depth analysis of the country's journey from its inception to the present day.
Khan traces this legal poison from Dosso v. State (1958) to Nusrat Bhutto (1977) and Zafar Ali Shah (2000). He shows how judges validated military coups to avoid chaos, creating a "lawful unlawful" order. It wasn’t until the (Article 6) that the constitution declared suspending the constitution as high treason. Khan celebrates this but notes it never punished past usurpers.
But the story quickly turned dark. Bhutto, possessing the mandate of the people, began to exhibit the authoritarian tendencies of his predecessors. He nationalized industries, purged opponents, and rigged elections in 1977, sparking violent unrest.
For students and researchers, the best course of action is to check their university library’s digital portal. Many institutions that subscribe to Oxford University Press’s digital collections may offer legal and legitimate access to the book. University libraries often have digital lending programs or inter-library loan services that can provide access without violating copyright laws.