বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/৬৫
| শিরোনাম | সূত্র | তারিখ |
| মোহাম্মদ আলী ফর্মুলা | পাকিস্তান গণপরিষদ | ৭ই অক্টোবর, ১৯৫৩ |
Excerpts from the Speech of the Prime Minister Mohammad Ali of Bogra on the Third Draft Constitution delivered on the 7th October 1953.
MR. PRESIDENT:
Sir, constitution-making is always a difficult and complicated matter. It is more so in our case because of certain features of the country's geography and population, which are peculiar to Pakistan. First our country consists of two parts, separated by a thousand miles of foreign territory. Secondly, one of these parts, namely, the Province of East Bengal, has a population, which exceeds that of all the other provinces and States put together, which compose the other part commonly called West Pakistan. This phenomenon has no parallel in any other country. The constitutional provisions made by other democratic countries therefore offer no guidance on what constitutional arrangements will be appropriate in such a situation. It is obvious that a special situation of this nature calls for special treatment, one that will give East Bengal the importance it deserves by virtue of its population strength, will take due notice of the geography of the country and will nevertheless conform to the universally recognized federal principle that it must be acceptable to all Units constituting the Federation and must ensure to each Unit an equitable share in the governance of the country.
The Basic Principles Committee grappled with this problem for four years and considered a number of proposals that would secure this result. Its final report which the House is now being invited to consider, was presented to the House in December last year. The proposals contained in the Committee's Report which deal with the composition of the Federal Legislature and the division of powers as between the Upper and the Lower House failed however to satisfy all Units. Progress with further constitution-making had therefore to be abandoned. There arose as regards the structure of the Federal Legislature a deadlock which defied solution. Strenuous efforts were made to resolve this deadlock. They all proved abortive. As this deadlock continued, provincial misunderstandings began to grow and threatened to undermine the solidarity of the nation. A sense akin to frustration began to spread among the people.
Happily, out of this frustration there eventually grew a recognition on all hands of the fact that the constitutional deadlock can and must be broken. People all over the country began to grow restive over the delay in the framing of the country's constitution. When this session of the Constituent Assembly was called, there was a strong desire among all members of the House that it must precede with constitution-making and that difficulties which had hitherto held it up must be resolved.
The members of the Muslim League Parliamentary Party in particular were determined that a formula regarding the composition of the Federal Legislature, which would be acceptable to all Units, must be solved. Efforts were, therefore, intensified by my colleagues and me, by the Chief Ministers of the Provinces and by the members of the Muslim League Parliamentary Party to find a way out of the deadlock and. fortunately, I am in a happy position today to announce to the House that such an acceptable formula has at last been evolved. (Applause.)
Sir, this is the formula the Federal Legislature should be composed as follows:
The two Houses will thus be constituted as follows:
| Unit. | Upper House. | Lower House. | Total |
|---|---|---|---|
| (1) East Bengal | 10 | 165 | 175 |
| (2) Punjab | 10 | 75 | 85 |
| (3) N.W.F.P., Frontier States and Tribal Areas. | 10 | 24 | 34 |
| (4) Sind and Khairpur | 10 | 20 | 30 |
| (5) Baluchistan, Baluchistan States Union, Bahawalpur and Karachi. | 10 | 16 | 26 |
| Total | 50 | 300 | 350 |
N. B. -In respect of Units No.3, 4 and 5 distribution of seats as between the constituent areas of each of these Units shall be in accordance with their respective populations.
(III) Equal powers for both houses.
N. B. -A vote of confidence/no-confidence/election of the Head of the State can be passed only if a majority of the two Houses sitting jointly vote for it. provided however that the members voting for it must include at least 30 per cent of the members from each zone.
Explanation. -For the purpose of this clause and the succeeding two clauses, the State shall consist of two Zones:
(i) Western Zone-Consisting of 4 Units, namely, (1) Punjab, (2) N. W. F. P.. Frontier States and Tribal Areas, (3) Sind and Khairpur, (4) Baluchistan, Baluchistan States Union, Bahawalpur and Karachi.
(ii) Eastern Zone-The province of East Bengal.
IV. In the case of a difference of opinion between the two Houses in respect of any measure, the following step will be taken:
A Joint Session of the two Houses will be called; the measure may then be passed by a majority vote, provided the minority includes 30% of the members present and voting from each zone.
If the measure is not passed with the majority as provided in the preceding sub- clause, then:
(a) the measure fails, but
(b) If the measure is of such nature that the administration cannot be carried on unless it is passed, or that its failure will gravely imperil the security of the country or the financial stability or credit of the Federal Government, the Head of the State shall have the power in such an event to dissolve both the Houses and order fresh elections.
Explanation.- In doing so the Head of the State will act on and be bound by the advice of the Ministry.
V. The Head of the State will be elected from a zone different to that to which the Prime Minister belongs.
The provisions of this formula will be moved at the appropriate time as amendments to provision relating to the Federal Legislature contained in the Basic Principle Committee's Report.
The House will be pleased to learn that the formula has been unanimously accepted by my colleagues, by the Chief Minister of East Bengal, the Punjab, Sind, the N. W. F. P. and Bahawalpur and by all members of the Muslim League Parliamentary Party. This unanimity of opinion is in itself a remarkable feature. It serves to underline basic unity and cohesion of the country - a unity which transcends all provincial boundaries.
Throughout, our discussions were marked by a strong desire to place the interests of the country above the interests of the various provincial and territorial units. The interests of Pakistan must come first the interests of its individual units must take a second place (Hear, hear). This was the first principle that those who worked out this formula unanimously and wholeheartedly endorsed. The House will agree that there can be no two opinions in this matter.
Our next step was, consistently with this overriding principle, to devise a Federal structure which would ensure a just and equitable share to each Unit in the governance of the country. The proposals that we have placed before the House do in our unanimous opinion, fully ensure this.
The principal features of the proposals are as follows:
The Central Legislature will be bicameral. For the purpose of representation in these Houses the State has been divided into five Units. There will be a Lower House in which the Units will be represented on a population basis and a smaller Upper House in which each of the Units will enjoy equal representation. This is the essence of any Federation. The Lower House, which will be directly elected will represent the people; the Upper House, who's Members will be elected by the respective Legislatures of the Units, will represent the Units. A federation is a free association of Units in the governance of the country. The equality of representation in the Upper House is, therefore, designed to give each Unit, big or small, an equal voice in the Upper House. Thus far these proposals follow, the generally accepted federal pattern adopted by most progressive countries.
We then proceeded to make special provision to ensure that neither of the two parts of Pakistan may apprehended domination by the other. For this purpose the following mechanism has been devised. First, both Houses have been given equal powers. Every measure introduced and passed in the Lower House which is constituted on a population basis, must also be passed by the Upper House where each unit is equally represented. Similarly every measure introduced and passed in the Upper House has also to be passed by the lower House. Should there be a difference of opinion between the two Houses in respect of the measure or any clauses thereof, it shall be placed before a Joint Session of the two Houses. The measure may then be passed by a majority vote, but this majority vote must include at least 30 percent of the members present and voting from each zone. For this purpose, East Bengal constitutes one zone and the four Units of what is commonly known as West Pakistan constitute another zone. Further it has been provided that a vote of confidence or of no-confidence may be moved only in a joint session of the two Houses, may be passed by a majority vote provided only that the majority includes at least 30 per cent of the total members belonging to each zone. A similar majority is required also for the election of the Head of the State in a joint session.
The effect of these special provisions is that no vote of confidence/no-confidence and no controversial measure can be passed unless it receives substantial support from both zones, since its passing will require support of at least 30 per cent of the members from each zone in the case of a confidence/ no-confidence motion and 30 per cent of the members present and voting from each zone in other cases. Similarly no person may be elected the Head of the State without the support of at least 30 per cent of the members of each zone.
There are a number of checks and balances provided. You will notice that, firstly the Central Government will be responsible to both Houses jointly, since a confidence motion can be moved only in a joint session of the two Houses, and secondly, that any measure over which there is disagreement between the two Houses, can only be passed in a joint session of the two Houses. The representation of the various Units in the two Houses is so arranged as to give an overall equality of representation to the two Zones. You will recall that this principle of what came to be known as parity between East Bengal on the one hand and the Provinces composing West Pakistan on the other is contained in the Basic Principles Committee's Report. Fears were expressed, however, that it might in practice result in the domination of West Pakistan by East Bengal or vice versa. In order to prevent such a contingency the safeguard has been provided that any measure to be discussed in a joint session which gives East Bengal parity of representation vis-a-vis the units composing the Western zone can be passed only if a substantial percentage of the members for each zone support that measure. What we have thus ensured is not merely parity between the two zones, but, what is far more important, inter-dependence of these two parts of Pakistan. No Government can be formed or can continue in office at the Centre unless it has amongst its supporters at least 30 per cent of the members from each zone and no controversial measure may be passed until it has the support similarly of at least 30 percent of the members present and voting from each zone.
It is important to remember that this additional safeguard is merely another expression of the same principle of parity. It imposes an equal obligation on each zone to secure a minimum measure of support from the other zone. It gives an equal assurance to each zone that without its support to that minimum degree, the other zone will not be able to form a Government or to pass any controversial motion. It is also proposed that the Head of the State must be elected from a zone other than that to which the Prime Minister belongs.