The Constitutional Crisis Under Governor General Ghulam Mohammad: A Turning Point in Pakistan’s Political History

The period from 1951 to 1955, when Ghulam Mohammad served as Pakistan’s Governor General, marks a critical juncture in the country’s early political history. Ghulam Mohammad's tenure witnessed a severe constitutional crisis that would have a lasting impact on Pakistan's political development. This crisis not only derailed the democratic process but also set a precedent for military intervention and executive dominance over the legislature. The actions taken during this period, including the dissolution of the Constituent Assembly in 1954, contributed to a legacy of political instability that continues to influence Pakistan's governance structure to this day.

Background: Political Uncertainty in the Early Years of Pakistan

At its inception in 1947, Pakistan inherited a weak political framework, coupled with significant administrative and economic challenges. The absence of a finalized constitution and the untimely death of Pakistan’s founder, Muhammad Ali Jinnah, in 1948 left the new state struggling to find its political footing. Liaquat Ali Khan, Pakistan’s first Prime Minister, was assassinated in 1951, further exacerbating the fragile political situation. This vacuum of leadership created an environment where the unelected Governor General, Ghulam Mohammad, played a pivotal role in shaping the future of the country.

Ghulam Mohammad, a former bureaucrat, became the third Governor General of Pakistan in 1951 after the assassination of Liaquat Ali Khan. With no immediate checks on his authority, Ghulam Mohammad began to exercise a disproportionate amount of power. His actions during this period led to a full-blown constitutional crisis, undermining the democratic institutions and the political process of Pakistan.

The Constitutional Crisis: Dissolution of the Constituent Assembly (1954)

The most significant episode during Ghulam Mohammad’s tenure as Governor General was the dissolution of the Constituent Assembly in 1954. This event plunged Pakistan into a constitutional crisis, with long-lasting repercussions for the country's political landscape.

1. The Role of the Constituent Assembly

The Constituent Assembly of Pakistan, established after independence, was tasked with drafting a constitution for the new state. However, political divisions, regional disparities, and disagreements on issues such as the distribution of power between the central government and provinces delayed the constitution-making process. By the early 1950s, the Assembly had not yet finalized a constitution, and the government was still functioning under the Government of India Act of 1935, as amended for Pakistan's use.

By 1953, the Assembly had made significant progress and was close to finalizing the draft of a new constitution. However, the Assembly's growing assertiveness, particularly in its efforts to curtail the Governor General's powers, created tension between the elected body and Ghulam Mohammad.

2. Ghulam Mohammad’s Power Grab: The Dissolution of the Assembly

In 1954, Ghulam Mohammad took a drastic and unprecedented step by unilaterally dissolving the Constituent Assembly. The Assembly had proposed reducing the powers of the Governor General, which directly threatened Ghulam Mohammad’s authority. Citing inefficiency and a lack of public confidence in the Assembly, he dismissed the body, thereby preventing the constitution from being finalized.

This move was widely criticized as unconstitutional, and it prompted immediate legal challenges. Maulvi Tamizuddin, the President of the Constituent Assembly, challenged the dissolution in the courts. In what became a landmark case, Maulvi Tamizuddin Khan v. Federation of Pakistan, the Sindh High Court ruled in favor of Tamizuddin, declaring the dissolution illegal. However, the Federal Court, under Chief Justice Muhammad Munir, overturned this decision, stating that the Governor General’s actions were valid due to the "Doctrine of Necessity."

The Doctrine of Necessity became a controversial legal principle in Pakistan, allowing actions that would otherwise be unconstitutional to be justified in the name of maintaining order and stability. This doctrine not only legitimized Ghulam Mohammad’s actions but also set a dangerous precedent for future interventions by unelected officials and the military in Pakistan’s political affairs.

Effects on the Subsequent History of Pakistan

The constitutional crisis under Ghulam Mohammad had profound and far-reaching effects on Pakistan’s political trajectory. Several key consequences emerged from this period:

1. Weakening of Democratic Institutions

The dissolution of the Constituent Assembly and the Federal Court’s ruling significantly weakened Pakistan’s fledgling democratic institutions. By sidelining the elected representatives, Ghulam Mohammad set a precedent for the executive to interfere with the legislative process. This undermined the authority of the legislative body and created a power imbalance that favored the executive branch. Future rulers, including military dictators, would continue to exploit this imbalance, stifling Pakistan’s democratic development.

2. The Entrenchment of Executive Power

Ghulam Mohammad’s actions also paved the way for the concentration of power in the hands of the executive. His decision to dismiss the Assembly without a clear legal basis allowed future governors-general, presidents, and military leaders to assume control over the political process, often bypassing the parliament. This centralization of power in the executive branch contributed to a political culture in which authoritarianism and centralized rule became common.

3. The Rise of Military Intervention in Politics

The constitutional crisis during Ghulam Mohammad’s tenure marked the beginning of a pattern of military involvement in Pakistan’s politics. When political instability increased in the following years, the military, under the leadership of General Ayub Khan, intervened directly by imposing martial law in 1958. The weakening of civilian institutions and the growing role of the executive under Ghulam Mohammad laid the groundwork for military leaders to assume control of the state, culminating in Ayub Khan’s coup d’état.

This set a precedent for subsequent military takeovers in Pakistan. Over the next few decades, the country would witness repeated cycles of military intervention and civilian rule, further eroding democratic governance and contributing to long-term political instability.

4. Delay in Constitution-Making

One of the most immediate consequences of the constitutional crisis was the delay in the creation of a formal constitution for Pakistan. The dissolution of the Constituent Assembly in 1954 halted the progress made toward finalizing a constitution. It was not until 1956, two years after Ghulam Mohammad’s departure from office, that Pakistan finally adopted its first constitution. However, by this time, the political climate had already been shaped by the crisis, and the 1956 Constitution failed to bring long-term stability, as it was abrogated in 1958 following Ayub Khan’s martial law.

5. Emergence of Ethnic and Regional Tensions

The constitutional crisis also exacerbated ethnic and regional tensions within Pakistan. The Constituent Assembly had been working toward resolving key issues related to the distribution of power between the center and the provinces. The dissolution of the Assembly stalled these efforts, leaving unresolved questions about regional autonomy and provincial representation. This delay in addressing the grievances of various regions, particularly East Pakistan (now Bangladesh), contributed to growing discontent and fueled separatist sentiments, which would eventually lead to the breakup of Pakistan in 1971.

Conclusion: The Legacy of Ghulam Mohammad’s Constitutional Crisis

The constitutional crisis during Ghulam Mohammad’s tenure as Governor General was a watershed moment in Pakistan’s political history. His actions not only derailed the process of constitution-making but also weakened democratic institutions and established a legacy of executive dominance that would haunt Pakistan for decades. By dissolving the Constituent Assembly, Ghulam Mohammad set a dangerous precedent for the dismissal of elected bodies, leading to a cycle of political instability and authoritarian rule.

The effects of this crisis were felt in subsequent decades, with the military repeatedly intervening in civilian affairs, the delay in constitution-making, and the eventual disintegration of the country in 1971. The legacy of Ghulam Mohammad’s tenure is a reminder of the fragility of democratic institutions in newly formed states and the importance of constitutional stability for long-term political development.