Prior to the separation of Pakistan in 1971, state elites, mostly coming from Punjab, demanded anti-majoritarian constitutional protections against the possible domination of the Bengali majority from East Pakistan, which constituted 56% of the total population of the then Pakistan. Nevertheless, in post-1971 Pakistan, after Punjab became the largest province, comparable demands of ethnonational minority groups for a non-majoritarian constitution making process and the incorporation of consociational principles in the draft constitution were rejected. Accordingly, the composition of the Constitution Committee entrusted with making the draft constitution, as well as in the Interim Constitution of 1972, reflected the dominance of representatives from the biggest provinces, despite the significant politically salient group cleavages in Pakistani society.
Dosso v. Federation of Pakistan was the first constitutional case after the promulgation of Constitution of Pakistan of 1956 and an important case in Pakistan's political history. The case got prominence as it indirectly questioned the first martial law imposed by President Iskander Mirza in 1958.[1]
On 7 October 1958, a harsh change came in the political history of Pakistan. President Iskander Mirza imposed first martial law of the country and made Commander-in-Chief of Pakistan Army General Ayub Khan as Chief Martial Law Administrator (CMLA). All of the government machinery; legislatures, central and provincial were dissolved.
Dosso case has a far reaching effect on the political history of Pakistan. The recognition of martial law and with the reborn of Kelsen's theory which afterwards was applied in many other cases in Pakistan as well as in the outer world.[7]
This book analyses constitutional development in Pakistan from its inception to present times. It provides a case-by-case account of constitution-making in Pakistan, with the inclusion of all pertinent documentation. Constitutional developments have been explained in the context of social and political events that shaped them. The book focuses on constitutional and political history, and constitutional development concurrently. It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, judges, politicians, and bureaucrats in the implementation of law.
Students of law, political science, and history, as well as lawyers, judges, and professors will find this book of particular value. Being grounded in a socio-political context, this book is also of interest to the general reader.
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