LEGAL FRAMEWORK ORDER 1970 AND ITS IMPACTS

Introduction

The Legal Framework Order (LFO) of 1970 is a significant chapter in Pakistan's political and
constitutional history. It was a presidential decree issued by then-President General Yahya Khan
on March 30, 1970, just a few months before the first general elections in Pakistan, which were
scheduled for December 1970. The LFO introduced several important changes to the country's
legal and constitutional framework, and its impacts were profound.

Historical Background:

1. Post-Independence Period:
After gaining independence from British India in 1947, Pakistan adopted its first
constitution in 1956, which established it as an Islamic Republic. However, this
constitution was abrogated in 1958 when President Iskander Mirza imposed martial law
and appointed General Ayub Khan as the Chief Martial Law Administrator.
2. Ayub Khan Era:
General Ayub Khan's rule saw the promulgation of a new constitution in 1962, which
established Pakistan as a presidential republic. This constitution centralized power in the
presidency and weakened the parliamentary system. Ayub Khan's regime faced growing
opposition and unrest, leading to his resignation in 1969.
3. Yahya Khan's Assumption of Power:
General Yahya Khan assumed power after Ayub Khan's resignation in March 1969. He
promised to hold elections and restore democracy.
4. The LFO of 1970:
In preparation for the upcoming general elections, Yahya Khan issued the LFO in 1970.
This decree amended the 1962 constitution and introduced several key provisions:

a. One-Unit Abolished: The LFO abolished the "One Unit" scheme, which had merged West
Pakistan's provinces into a single administrative unit.

b. Provincial Autonomy: It restored provincial autonomy, allowing provinces to have their own
governments and legislatures.
c. Universal Adult Suffrage: The LFO expanded the voting rights, introducing universal adult
suffrage.

d. Election Commission: It established an Election Commission to oversee the elections.

Why the Legal Frame Order was constructed?

The Legal Framework Order was constructed to safeguard the constitutional outcome and
contained a set of principles with a view to maintaining national identity and unity. It defined
how political parties should behave during the election and following the election results, how
the Parliament would proceed with the constitution of Pakistan, and how the Prime Minister and
the President would be determined for the country. Overall, it gave a mechanism of the ruling
machinery.

Salient Features of the LFO 1970

1. The National Assembly of Pakistan will consist of 313 seats with 13 seats reserved for
women. Out of 313, 169 seats were reserved for East Pakistan, 85 for Punjab, 28 for
Sindh, 19 for NWFP, 5 for Baluchistan, and 7 seats were allotted to the tribal areas.
2. Each province will have a provincial assembly consisting of elected members. East
Pakistan provincial assembly will have 400 members, Punjab 186, Sindh 62, Baluchistan
21, and NWFP 42.
3. The elections for National Assembly will be held on 5 October 1970 and for provincial
assemblies not later than 22 October.
4. The new constitution of Pakistan will follow these principles:

a: Pakistan will be the Federal Republic and will be known as the Islamic Republic of Pakistan b:
The head of the Pakistan state would be a Muslim and the divinity of Islam will be preserved in
the constitution.

c: The principles of democracy will prevail by holding free elections for federal and provincial
legislatures based on adult franchise. Independent judiciary will be made possible along with
fundamental rights for the citizens.

d: The center will remain strong while all provinces will be given maximum autonomy.
e: The state will try to eliminate economic disparities in the society and the citizens of the
country will be able to participate actively in the affairs of the state.

f: The constitution of the country will enable the Muslims of Pakistan to live their lives
according to the teachings of Islam. The minorities will be free to follow their faiths and will be
able to enjoy the benefits of citizenship along with their fellow Pakistanis.

g: The LFO clarified the status of national and provincial assemblies. The National Assembly
would either be the only legislature provided that federal legislature consisting of one house or it
would be the lower house if the federation has two houses. Its tenure would be for the full term
in both cases. The same went for provincial assemblies.

h: The Constituent Assembly was to stand dissolved if it was unable to frame the Constitution
within 120 days.

5. After the elections of the National Assembly, provisions will be made to arrange its
meetings.
6. The LFO specified the number of conditions and qualifications. Any contesting political
party failing to fulfill the requirement will not be allowed to participate in the elections.

Significant Changes to Constitution of Pakistan

The LFO brought significant changes to the Constitution of Pakistan, specifically in the areas of
the judiciary, the President's powers, and the parliamentary system.

1. Judiciary Reforms

Under the LFO, the Supreme Court and High Courts were restructured, and the number of judges
was increased. The LFO also introduced the National Judicial Policy-Making Committee, which
aimed to improve the country's justice

2. Presidential Powers

The LFO granted significant powers to the President, giving him the authority to dismiss the
Prime Minister and dissolve the National Assembly. The President could also appoint the Chief
Election Commissioner and the Chief Justice of Pakistan.

3. Parliamentary System
The LFO introduced the concept of the 'floor-crossing', allowing parliamentarians to switch
political parties without losing their seats in the National Assembly. The LFO also introduced the
concept of 'reserved seats' for women, minorities, and technocrats in the National Assembly.

Major Impacts of Legal Framework Order in Pakistan

Division of Pakistan:

One of the most significant impacts of the LFO of 1970 was its role in leading to the breakup of
Pakistan. The order was promulgated by President Yahya Khan in an attempt to create a legal
framework for the upcoming general elections in 1970. However, it failed to address the
demands of the Bengali-speaking majority in East Pakistan (now Bangladesh), leading to
increased tensions and ultimately the Bangladesh Liberation War of 1971.

Impacts on Judiciary

• Restriction of Judicial Power

The Legal Framework Order gave the President the power to make appointments and transfers of
judges, which undermined the independence of the judiciary and restricted its power.

• Dismissal of Judges

The LFO allowed for the dismissal of judges who did not take an oath of loyalty to the military
regime, resulting in the removal of many independent-minded judges and further undermining
the judiciary's independence.

Impacts on Legislative

• Suppression of Democratic Process

The Legal Framework Order (LFO) resulted in the suspension of the Constitution, leading to the
suppression of the democratic process. The LFO empowered the President to dissolve the
National Assembly and Provincial Assemblies, effectively removing elected representatives from
their positions.

• Amendments to the Constitution

The LFO introduced several amendments to the Constitution, including the establishment of a
National Security Council and the appointment of judges by the President. These amendments
weakened the power of the legislative branch and centralized authority in the executive branch.

Impact on Human Rights

The Legal Framework Order has had significant impacts on human rights in Pakistan. The
suspension of the Constitution and the imposition of emergency rule have led to widespread
violations of civil liberties. The government has used the order to crack down on political
dissent, restrict freedom of speech and assembly, and curtail the independence of the judiciary.
The order has also had a negative impact on the rights of minorities and marginalized
communities. The government has used the order to target religious minorities, including
Christians, Hindus, and Ahmadis. It has also been used to justify the use of excessive force
against protesters and to restrict access to healthcare and education for vulnerable populations.
Centralization of Power:

The LFO of 1970 centralized power in the hands of the federal government, reducing the
autonomy of provincial governments. This was a contentious issue, particularly for the smaller
provinces, as it diminished their ability to govern their own affairs.

Election Process:

The LFO established the legal framework for holding the 1970 general elections in Pakistan.
These elections were the first direct and fair general elections in the country's history. However,
the outcome of these elections led to political upheaval due to the stark disparity in seats won by
the Awami League in East Pakistan and the Pakistan People's Party in West Pakistan.

Political Unrest:

The outcome of the 1970 elections, with the Awami League winning a majority of seats but not
being allowed to form the government, led to widespread political unrest and civil disobedience
in East Pakistan. This eventually culminated in the declaration of independence by Bangladesh
and the subsequent war of independence in 1971.

Constitutional Changes:

The LFO of 1970 paved the way for the framing of a new constitution for Pakistan. After the
breakup of Pakistan and the emergence of Bangladesh, Pakistan adopted a new constitution in
1973, which is the current constitution of the country.

Impact on Federalism:

The LFO had implications for the federal structure of Pakistan. It established a federal system
but with significant centralizing tendencies. Subsequent constitutional amendments have aimed
to strike a balance between federal and provincial powers.

Controversies Surrounding the LFO

The Legal Framework Order of 1970 was a contentious issue in Pakistan's political landscape.
While it aimed to address some of the long-standing issues related to governance and
representation, it also generated significant controversy and contributed to the political turmoil
that culminated in the Bangladesh Liberation War and the eventual creation of Bangladesh in
1971. It was a highly controversial and divisive issue in Pakistan's political history, and it played
a significant role in the country's politics during that time.

Conclusion

The Legal Framework Order 1970 had significant impacts on the political and constitutional
history of Pakistan. It contributed to political instability, the breakup of the country, and the
eventual adoption of a new constitution. Its effects were felt both in the short term and in shaping
the long-term political landscape of Pakistan

Reference:

https://historypak.com/legal-framework-order-1970/

https://edurev.in/question/197735/Whom--legal-framework-order--was-issued-