EXTRACTS FROM PRESIDENT YAHYA KHAN'S
ADDRESS TO THE NATION (NOVEMBER 28, 1969)

 

 

My dear countrymen,

 

I addressed you last on July 28. Since then a number of developments have taken place in the country in various sectors and certain specific actions have been taken by my Government to lead the country forward towards the main objectives that I had out­lined in that Address.

 

Now I come to the political and constitutional problems facing this country. In my last address, I had expressed the hope that the political leaders of the country would come up with a consensus on certain major issues relating to our future Constitution. It is regrettable that they have not been able to do so, but one can understand and appre­ciate their difficulties. I had, however, continued with my discussions with individual political leaders and others concerned with these problems since I spoke to you last and while no formal consensus has been produced, I am now fully aware of the views that various people hold on these important matters.

 

 

TRANSFER OF POWER

 

Ever since the responsibility for the administration of this country devolved on me, one of the most important problems which has been agitating my mind is the mode of transfer of power to people's representatives.

 

My aim is to transfer power to the elected representatives of the people, but this aim cannot be achieved without a legal frame-work. This, as you know, is not available to us today. It is, therefore, necessary for me, in my capacity as the President and Chief Martial Law Administrator of this country, to take initiative in this matter. I have naturally given deep thought to this problem and could think of four possible alter­natives whereby a legal framework for the holding of elections could be evolved.

 

One method could be to have an elected constitutional Convention whose task would be to produce a new Constitution and then dissolve itself. This would have been a neat arrangement, but then it had certain disadvantages: the main one being that it would have involved two elections; one election to the Convention and the other to the National Assembly based on the Constitution made by such a Convention. The other and more serious disadvantage of this procedure would have been that it would cause unnecessary delay in the transfer of power.

The next alternative was to revive the 1956 Constitution but there is widespread opposition to adopting such a method in both Wings of the country because certain features of that Constitution such as One Unit and parity are no longer acceptable to the people.

 

The third alternative was to frame a Constitution and have a referendum on it in the country. This alternative too has certain practical difficulties as a simple `yes' or `no' by way of an answer cannot possibly be given by the people to such a comprehensive document as a Constitution.

 

The fourth alternative was for me to evolve a legal framework for general elections on the basis of consultations with the various groups and political leaders as well as the study of past Constitutions of Pakistan and the general consensus in the country. This proposal from me would only be in the nature of a provisional legal framework.

 

After careful thought, I have decided to adopt this fourth alternative, namely to evolve a legal framework for holding elections to the National Assembly. As I had men­tioned in my July address, it became evident to me that the three main issues that face us as a nation in the constitutional field are-firstly, the question of One Unit, secondly the issue of one man one vote versus parity, and thirdly, the relationship between the Centre and the Federating Provinces.

 

As discussions on constitutional matters went on in the country during the past few months, I could see that the first two of these issues would have to be resolved before the elections are held because they are connected with the basis for elections and with the setting up of the National Assembly. As regards other constitutional issues, such as the Parliamentary Federal Form of Government, direct adult franchise, fundamental rights of citizens and their enforcement by the law courts, independence of judiciary and its role as the custodian of the Constitution and the Islamic character of the Constitution which should preserve the ideology on which Pakistan was created, there is no disagreement and these can be considered as settled.

 

With regard to the three major issues as referred to by me, opinions were divided and I made it clear in my last address that these must not become election issues. I am glad to find that differences on these issues have now begun to narrow down. This is a good sign. Although no formal all-party meetings have taken place, through statements both to the Press and during party meetings, most political parties have now come quite close in their thinking on these issues. Also, during my tours in various parts of the country, it became quite clear to me that there is hardly any difference amongst different sections and groups of people on these questions. This has lent further strength to my initial reaction that these matters should not become election issues, because by a national process of discussion and sober thinking, we seem to have come closer to solving these issues and great harm would be caused if these are pitched back in the election arena, as there is danger of these issues creating unnecessary bitterness on emotional grounds and thereby causing delay in the peaceful transfer of power.

 

I would now like to summarize what I consider to be the generally accepted view on these three important questions.

 

On the question of One Unit, there appears to be a general desire to revert to the system of separate Provinces instead of the present arrangement of One Unit for the whole of West Pakistan.

 

On the question of one man one vote also, it has, by and large, been recognized in the country that this is a basic requirement of any democratic form of Government and there­fore not only in the East Wing but also in the West Wing it is now generally accepted that we should base our representation on this form of voting. As stated by me, the question of One Unit and the system of representation have to be decided before elections can be held and a machinery can be set up to finalize the country's Constitution.

 

I, therefore, have decided to resolve these two issues on the following lines:­

 

One Unit will be dissolved and separate Provinces will come into being. I may add here that One Unit was created by executive orders which, however, were subsequently approved by the Provincial Legislatures and by the Second Constituent Assembly. In 1957, the West Pakistan Legislature had voted in favour of the dissolution of One Unit. If Martial law was not imposed in 1958, One Unit might have been dissolved long ago.

 

I would also like to remind you that when Pakistan was created, it was not on the basis of One Unit, but it was on the basis of various Provinces in the Western Wing. The people of both East and West Pakistan are almost unanimous in demanding the break-up of One Unit. My decision is, therefore, based on popular wish.

 

Similarly, in deference to the wishes of the people, I have accepted the principle of One Man One Vote and this democratic principle will be the basis of election for the future National Assembly.

 

As regards the relation between the Centre and the Provinces, you would recall that in my July broadcast I pointed out that the people of East Pakistan did not have their full share in the decision making process on vital national issues. I also said then that they were fully justified in being dissatisfied with this state of affairs. We shall, therefore, have to put an end to this position. The requirement would appear to be maximum autonomy to the two Wings of Pakistan as long as it does not impair national integrity and solidarity of the country.

 

One of the main aspects of the whole relationship between the Centre and the Pro­vinces in Pakistan today lies in the financial and economic spheres. Federation implies not only a division of legislative powers but also that of financial powers. This matter will have to be dealt with in such a manner as would satisfy the legitimate requirements and demands of the Provinces as well as the vital requirements of the nation as a whole. People of the two regions of Pakistan should have control over their economic resources, and development as long as it does not adversely affect the working of a National Govern­ment at the Centre. The people of East and West Pakistan are bound together by com­mon historical, cultural and spiritual heritage. There is, therefore, no reason why we should not be able to work out a satisfactory relationship between the Centre and the Provinces in Pakistan wherein people of both the Wings shall live together as equal and honourable partners.

 

I would like now to give you the details of the time table to which we should work for change over of power to the elected representatives of the people. First, the provisional legal framework for holding elections should be ready by March 31, 1970. Next, as already announced by the Chief Election Commissioner, the Electoral Rolls will be ready by June, 1970. With the completion of the Electoral Rolls, the Election Commission will be engaged in delimiting the various constituencies both for Central and Provincial elec­tions in accordance with the provisions which will be made in the legal framework. As you are aware, delimitation is finalized after hearing the objections, if any, from the people. Therefore, some time has to be given to this task. Further, there are climatic difficulties for holding elections both in East and West Pakistan from June 1, to the end of September. I have, therefore, decided to hold general elections in the country on October 5,1970, The provincial elections will be held after the National Assembly completes its task of constitution making. The Assembly will be required to complete this work within a period of 120 days from its first sitting. I would be happy if they can finalize it even before the expiry of this period. If, however, they are unable to complete the task by the end of the stipulated period, the Assembly would stand dissolved and the nation will have to go to polls again. I hope and pray that this does not happen and I would. therefore, urge the future elected representatives to undertake this task with a full sense of responsibility and patriotism.

 

As regards the voting procedure in the National Assembly, it is important to appre­ciate that the Assembly will be deciding upon basic constitutional issues. Constitution is a sacred document and it is an agreement to live together. It cannot be compared to any ordinary law. It is, therefore, essential that the voting procedure to be evolved by the Assembly for itself should be just and fair to representatives of a11 regions of Pakistan. After the Assembly has completed its task and the Constitution made by it has been duly authenticated, it will assume the character of Pakistan's Constitution. The stage would then be set for the formation of the new Government.

 

Throughout these activities, Martial Law will remain supreme in order to give support to the programme of peaceful transfer of power to the elected representatives of the people.

My dear countrymen, I would once again like to stress upon you that we are passing through the most critical stage of our national life. There is need for every single one of us to realise this fact and act in a sober, objective and patriotic manner. Let us all eschew parochial interests and cast aside personal or local considerations. Let each one of us say to himself that he will contribute everything in his power to make this nation strong and prosperous.

On my part, I have placed before you a programme which I consider, in all sincerity and honesty, to be the most acceptable to the general mass of our people and to be entirely in the interest of Pakistan.

 

I have full faith and confidence in our people. I have also full faith in the destiny of our country which was created on the basis of our ideology and at the sacrifice of the lives of one million Muslims. Democracy was the driving force during the movement for Pakistan and I sincerely wish to adhere to democratic principles.

 

Finally, I would like to say that in view of the programme outlined by me, full politi­cal activity will be allowed in the country with effect from January 1, 1970. The Martial Law Regulation prohibiting such activities will be duly cancelled. I may, however, add that I am not prepared to tolerate any obstruction in the way of the restoration of demo­cracy. Any individual or any group which creates law and order problems and indulges in acts of violence will be severely dealt with, because democracy implies tolerance and refutation of the use of force. All political activities must therefore accord with certain norms of behaviour. In this behalf I propose to issue certain guidelines in the near future.

 

Let us now all go forward together and achieve this transfer of power in a peaceful and civilised manner.

 

God bless you all

 

Pakistan Paindabad

 

(THE DAWN, Karachi, November, 29, 1969)

 

 

Source: Bangladesh Documents, vol - I, page no - 39