History Of Pakistan By Hamid Khanpdf Better [portable] - Constitutional And Political

The "interesting feature" of Hamid Khan's Constitutional and Political History of Pakistan

is its dual approach, where he analyzes legal constitutional developments concurrently with the social and political events that shaped them. Unlike a dry legal text, it offers a "liberal humanitarian reading" of the challenges faced by lawmakers, judges, and generals. Key Features of the Book

Case-by-Case Documentation: It provides a meticulous, case-by-case account of the constitution-making process and includes all pertinent primary documentation.

Critical Analysis of Military Interventions: Khan critically assesses the legality and legitimacy of various military coups (1958, 1977, 1999) and their lasting impact on the country's democratic fabric. The "interesting feature" of Hamid Khan's Constitutional and

Role of the Judiciary: A major focus is the judiciary's "double-edged" role—at times acting as a guardian of the law, and at others legitimizing unconstitutional military takeovers through doctrines like the "doctrine of necessity".

Evolution of Federalism: The book traces the ongoing tension between centralized power and provincial autonomy, highlighting landmark shifts like the 18th Amendment (2010) which devolved power to the provinces.

Islamic vs. Secular Tensions: Khan explores the complex struggle to balance Islamic identity with democratic principles, from the Objectives Resolution of 1949 to the Islamization policies of the Zia era. Book Editions & Updates Scope and Structure The book is encyclopedic in

Comprehensive Coverage: Versions are updated to include recent events, with the 4th Edition covering developments up to September 2018.

Target Audience: It is a standard reference used at both LLB and LLM levels for law students in Pakistan.

The book is widely available at retailers like Oxford University Press (OUP) Pakistan and Barnes & Noble. The pre-independence constitutional framework

Constitutional And Political History Of Pakistan By Hamid Khan

Scope and Structure

The book is encyclopedic in nature, covering the period from the independence movement and the Government of India Act 1935, through the numerous constitutions (1956, 1962, 1973), military coups, and judicial crises up to the late 2000s.

Khan structures the narrative chronologically, dedicating specific sections to each political epoch:

  • The pre-independence constitutional framework.
  • The formative phase (1947–1958) and the failure of parliamentary democracy.
  • The Ayub Khan era and the 1962 Constitution.
  • The Bengali nationalist movement and the separation of East Pakistan.
  • The Bhutto era and the framing of the 1973 Constitution.
  • The Zia-ul-Haq martial law and Islamization.
  • The democratic interlude (Benazir and Nawaz).
  • The Musharraf coup and the Legal Framework Order (LFO).

Phase 5: The Zia-ul-Haq Era (1977–1988)

  • Operation Fair Play: Zia imposed martial law, overthrowing Bhutto.
  • Judicial Murder: The book analyzes the controversial trial and execution of Zulfikar Ali Bhutto, viewed by the author as a miscarriage of justice influenced by the executive.
  • Islamization: Zia’s introduction of Hudood Ordinances and Federal Shariat Court.
  • The 8th Amendment (1985): Hamid Khan argues this was the most damaging structural change to the 1973 Constitution. It gave the President the power to dissolve the National Assembly (Article 58-2(b)), making the Prime Minister subservient to the President and the military.
  • The Afghan Jihad: The geopolitical impact of the Soviet-Afghan war on Pakistani society and politics.

Phase 2: The Formative Phase and Parliamentary Democracy (1947–1958)

This is described as a period of political instability and constitutional deadlock.

  • The Objectives Resolution (1949): Hamid Khan highlights this as the foundational document of Pakistan’s constitutional identity, declaring sovereignty belongs to Allah, but sparking debate over the role of Islam in the state.
  • Political Instability: The rapid turnover of Prime Ministers (Liaquat, Nazimuddin, Bogra, Chundrigar, Noon) and the power struggle between the Governor-General and the Parliament.
  • The Failure of Constitution Making: It took nine years to draft the first constitution. The political rift between East and West Pakistan was ignored during this period, sowing the seeds of secession.
  • The First Martial Law (1958): Governor-General Ghulam Muhammad dismissed the Constituent Assembly, a move Hamid Khan analyzes as the first "legal coup" that set a precedent for military intervention.