Constitutionalism in Pakistan: The Yahiya Khan Interregnum

Abstract

General Muhammad Yahiya Khan abrogated the 1962's constitution of Pakistan and enforced martial law and to run the state business he introduced Legal Frame Work Order in 1970. In actual sense the Legal Framework Order was introduced to serve as an interim Constitution of Pakistan till the new constitution of Pakistan was not adopted by representative of the people of Pakistan. To form parliament he announce the general elections in October 1970 on the principle of universal adult franchise. All the institutions during Yahiya Khan era were legally grounded on the provisions of Legal Framework Order that also had to define the status and working of these institutions. This Legal Framework order was declared to have effected notwithstanding anything to the contrary contained in the Provisional Constitution Order, any other law for the time being in force or the previous Constitution of 1962 of the Islamic Republic of Pakistan. If all the structure of the newly elected setup was lying foundations on this order how it could be possible that any individual or political party could override it and survive legally. General Yahiya Khan had very strong legal deterrent to avoid the dismemberment of Pakistan but he used military option. Significance of LFO in the constitutional development in Pakistan is explained in the study with special reference to civil war of 1971 in Pakistan by shedding light on its important features.