Ayub Khan Regime — Part I (1958–1962)

🎯

Topic: Ayub Khan regime (1958–1969), Part I, up to the 1962 Constitution. Covers the ban on parties, EBDO, Basic Democracies, the Indus Waters Treaty 1960, the shift of the capital to Islamabad and the making of the 1962 Constitution.

CSS relevance: 🔥 High. Basic Democracies, the Indus Waters Treaty and EBDO are frequently asked; the IWT also links to the hydro-politics topic.

🗺️ Overview

---

I. Profile of Muhammad Ayub Khan

• Born 1907 in the NWFP; died 1974.
• Educated at Aligarh Muslim University; military training at Royal Military College, Sandhurst (UK).
• Fought in the Second World War on the British side against the Japanese (Burma front).
• After partition (1947), joined the Pakistan Army and was posted to East Bengal.
• 1951: became the first native Commander-in-Chief, succeeding Gen. Sir Douglas Gracey. He is counted as the third C-in-C of the Pakistan Army.
• Served in the civilian government as Defence Minister in Bogra's "Cabinet of Talents" (1954–55), while still C-in-C.
• 7 Oct 1958: backed President Iskander Mirza in imposing martial law against PM Feroz Khan Noon's government, and became CMLA.
• 27 Oct 1958: after civil–military relations broke down, he seized the presidency in a coup, the first in Pakistan's history, and exiled Mirza.
• The second President of Pakistan (1958–1969).
• 25 March 1969: resigned after mass civil unrest (1968–69), and handed power to Gen. Yahya Khan (C-in-C).

---

II. Ban on Political Parties & EBDO

Ban on parties

• 7 October 1958: political parties were abolished, and all political activity banned.

EBDO: Elective Bodies Disqualification Order (1959)

• Issued in 1959 to act against politicians of the ousted governments. They were accused of corruption and misuse of power and public authority.
• Section 5: 22 elected politicians were disqualified after proceedings.
• Sections 7 & 8: a further 97 politicians were forced to "voluntarily" retire from politics until 1966.
  • If a politician gave an undertaking not to join any party or take part in politics until 1966, he was spared proceedings.
  • Otherwise he faced trial, possible jail, and disqualification until 1966.
• In all, about 100+ politicians were disqualified, arrested or forced to retire.
• Purpose: to clear the way for Ayub by eliminating all possible political opposition.

Crackdown on the National Awami Party (NAP) and others

• NAP was founded in Dhaka in 1957 by Maulana Bhashani, as a breakaway from the Awami League.
• It faced a harsh crackdown. NAP was an alliance of several parties, all of which were banned:
  • Bhashani-led faction (East Pakistan)
  • Azad Pakistan Party: Mian Iftikharuddin and Mahmud Ali Kasuri
  • Sindh Mahaz: G.M. Syed and Sheikh Abdul Majid Sindhi
  • Sindh Hari Committee: Haider Bakhsh Jatoi
  • Wror Pakhtun (Balochistan-based Pashtun party): Abdul Samad Khan Achakzai
  • Ustoman Gal / Awami Jamaat of Balochistan: Ghaus Bakhsh Bizenjo, Gul Khan Nasir, and Prince Abdul Karim Khan of Kalat
  • Khudai Khidmatgar (NWFP): Abdul Ghaffar Khan and Khan Abdul Wali Khan.
• Most targeted politicians belonged to NAP and the Awami League (East Pakistan), because both opposed Ayub and martial law.

Key victims

• H.S. Suhrawardy (former PM) was arrested in Karachi (1962) under the Security of Pakistan Act, which allowed detention without trial for one year.
• Sheikh Mujibur Rahman and Suhrawardy (Awami League) were disqualified.
• Maulana Bhashani (NAP) was disqualified and arrested.
• Forced to retire until 1966, mostly West Pakistani politicians:
  • Feroz Khan Noon, the ousted PM
  • Mian Mumtaz Daultana, former CM of Punjab
  • Muhammad Ayub Khuhro, Pir Ilahi Bakhsh, Yusuf Haroon and Qazi Fazlullah, former CMs of Sindh
  • Pirzada Abdul Sattar
  • Abdul Qayyum Khan, former CM of NWFP
  • Nawab Mushtaq Ahmad Gurmani, former Governor of Punjab and the first Governor of West Pakistan under One Unit
  • Nawab Akbar Bugti (Balochistan)
  • Syed Abid Hussain (Punjab), father of Abida Hussain
  • Qazi Muhammad Isa (Balochistan), father of Justice Qazi Faez Isa
  • Mian Iftikharuddin (Punjab).

---

III. Basic Democracies (BD) System

Introduction

• Introduced through the Basic Democracies Order (1959).
• A local government system of rural and urban councils, directly elected by the people.
• Aim: grassroots development and local self-government. The lecturer calls it a noble idea in principle.
• Elections: held around December 1959 – January 1960.
  • 80,000 Basic Democrats were elected: 40,000 from each wing.
  • They worked as local government.
• 14 February 1960: the 80,000 BDs voted in a referendum confirming Ayub as President, with about 95% "yes" votes.

The five tiers

Tier 1: Union Council (Town / Union Committee in urban areas)

• A chairman and about 15 members.
  • Two-thirds (10) were elected.
  • One-third (5) were nominated by the government (non-officials). Nomination was abolished in 1962.
• The chairman was elected by the members from among themselves.
• The elected members were called "Basic Democrats".

Tier 2: Thana Council (East Pakistan) / Tehsil Council (West Pakistan)

• Members:
  • Representative members: the chairmen of the Union Councils and Town Committees.
  • Official members: representatives of the nation-building departments, their number fixed by the District Magistrate.
• Headed by the SDO / Assistant Commissioner as ex officio chairman.

Tier 3: District Council

• Not more than 40 members:
  • the chairmen of the Thana/Tehsil Councils
  • district officers of the development departments
  • an equal number of non-officials.
• Chairman: the Deputy Commissioner / District Magistrate. The vice-chairman was elected from among the members.

Tier 4: Divisional Council

• Chairman: the Divisional Commissioner (ex officio).
• Maximum 45 members, official and non-official:
  • the chairmen of the District Councils
  • representatives of the development departments.

Tier 5: Provincial Development Advisory Council

• One for each wing, following the Divisional Council's pattern.
• One-third of the appointed members were taken from Union Council chairmen.
• It had no real powers, and was dropped once provincial assemblies were introduced.

Functions

Union Council (the most important tier)

• Agriculture, small industries, community development and food production.
• Law and order through a rural police (chowkidars).
• Judicial powers: tried minor civil and criminal cases through Conciliation Courts.
• Rural public works: roads, bridges, culverts, irrigation channels and embankments.
• Taxation: could levy taxes, rates, tolls and fees.

District Council had three types of functions:

• Compulsory:
  • public roads, culverts and bridges
  • maintaining primary schools
  • planting and preserving trees
  • regulating public ferries
  • improving public health.
• Optional:
  • education, culture, social and economic welfare, public works
  • agriculture, industry, community development, national reconstruction and co-operatives.
• Coordinating:
  • coordinating the activities of all local councils in the district
  • formulating schemes and projects and sending them to the Divisional Council.

Thana/Tehsil and Divisional Councils

• Mainly coordinating and supervisory roles.
• The Divisional Council was the least important, merely advisory.

The most important feature: the electoral college

• The 80,000 Basic Democrats formed the electoral college for:
  1. the President
  2. the National Assembly
  3. the Provincial Assemblies.
• No direct adult franchise. People elected the BDs, and only the BDs elected the President and the legislatures. This was indirect election.
• (The number of BDs was raised to 120,000 before the 1965 elections.)

Criticism

• Bureaucratic dominance:
  • Bureaucrats chaired the higher tiers (Assistant Commissioner, Deputy Commissioner, Commissioner).
  • The BDs worked under the clutches of the bureaucracy.
• Used for Ayub's political objectives:
  • It was easy to influence or pressure a small electoral college of 80,000.
  • It gave legitimacy to a military ruler.
• Denial of adult franchise made it undemocratic.
• Merit: the first grassroots local body system in Pakistan, in which elected representatives and the bureaucracy worked together.

---

IV. Indus Waters Treaty (IWT), 1960

Background

• On 1 April 1948, India stopped canal water from the East Punjab headworks.
• The Inter-Dominion Accord (4 May 1948) was only temporary.
• The World Bank offered to mediate in 1951–52, and made a proposal in 1954. Six years of talks followed.

The Treaty

• A water-distribution treaty between India and Pakistan, arranged and negotiated by the World Bank, for the Indus River and its tributaries.
• Signed in Karachi on 19 September 1960 by Indian PM Jawaharlal Nehru and Pakistani President Ayub Khan. W.A.B. Iliff signed for the World Bank.

Division of rivers

• India got about 30% of the Indus system's water; Pakistan got about 70%.

Rights given to India on the western rivers

• Limited irrigation use.
• Unlimited non-consumptive use:
  • hydropower generation
  • navigation
  • floating of property
  • fish culture.
• The treaty lays down detailed rules for India's projects on the western rivers, on design and pondage.
  • These conditions are seen as favourable to India, and later led to disputes over Kishanganga, Baglihar and Wular (see the Hydro-politics notes).

Benefits to Pakistan

• Pakistan could build dams and storage on its rivers, and replacement works to make up for losing the eastern rivers.
• These were funded through the Indus Basin Development Fund, with contributions from the World Bank and friendly countries. India contributed about £62 million.
• Mangla Dam (1967), Tarbela Dam (1976), and a network of link canals and barrages were built under this plan.

Other features

• The Preamble recognises each country's rights and obligations for the optimum use of Indus waters in a spirit of goodwill, friendship and cooperation.
• A Permanent Indus Commission (one commissioner from each side) was set up, with a dispute-resolution mechanism: neutral expert and Court of Arbitration.

---

V. Change of Capital: Karachi → Islamabad

• 1947: the southern port of Karachi was made the provisional national capital.
• 1958: a commission was set up to find a suitable site near Rawalpindi. It considered location, climate, logistics and defence needs.
• 1959: the commission recommended the area north-east of Rawalpindi. Rawalpindi became the interim capital from that year.
• 1960s: Islamabad was built as a planned "forward capital". It was designed by Greek planner C.A. Doxiadis.

Reasons for the shift

1. Security: Karachi was at the southern end of the country, exposed to attack from the Arabian Sea.
2. Accessibility: Pakistan needed a capital easily reachable from all parts of the country.
3. Business interference:
   • Karachi was a busy commercial centre, and business interests interfered in government affairs.
   • Decision-makers wanted separate political and financial capitals. Karachi stayed the commercial hub, and Islamabad became the political capital.
4. Near the Army GHQ: Islamabad was close to Army Headquarters in Rawalpindi, which Ayub wanted.
5. Near Kashmir: it was close to the disputed territory of Kashmir in the north.
6. Climate was better.

---

VI. Making of the 1962 Constitution

• 1960: Ayub appointed a Constitution Commission headed by former Chief Justice Muhammad Shahabuddin.
  • It had 10 other members: 5 from East Pakistan and 5 from West Pakistan.
• The Commission's draft/report (1961) was thoroughly examined by the President and the Cabinet.
  • Ayub changed key recommendations. For example, he chose indirect elections instead of direct elections, and no revival of political parties.
• The Cabinet approved the new constitution:
  • Promulgated: 1 March 1962
  • Came into effect: 8 June 1962.
• Pakistan's second constitution. Its salient features are covered in Part II.

---

📊 Key Figures at a Glance

🗓️ Timeline

• 1907: Ayub Khan born.
• 1951: becomes the first native C-in-C.
• 1954–55: Defence Minister in Bogra's cabinet.
• 7 Oct 1958: Mirza imposes martial law; parties banned; Ayub becomes CMLA.
• 27 Oct 1958: Ayub ousts Mirza and becomes President.
• 1958: capital commission set up.
• 1959: EBDO issued.
• 1959: Basic Democracies Order.
• 1959: Rawalpindi becomes interim capital.
• Dec 1959 – Jan 1960: BD elections (80,000).
• 14 Feb 1960: referendum confirms Ayub as President.
• 1960: Shahabuddin Constitution Commission appointed.
• 19 Sept 1960: Indus Waters Treaty signed in Karachi.
• 1962: nomination to Union Councils abolished.
• 1 Mar 1962: 1962 Constitution promulgated.
• 8 Jun 1962: 1962 Constitution enforced.
• 1967: Mangla Dam completed.
• Mar 1969: Ayub resigns; Yahya takes over.

---

⚠️ MCQ Traps

• Martial law was imposed by Mirza on 7 Oct 1958; Ayub took over the presidency on 27 Oct 1958, the first coup.
• Ayub was the first native C-in-C, but the third C-in-C overall (after Messervy and Gracey).
• Ayub was the 2nd President of Pakistan (Mirza was the 1st).
• EBDO (1959) = Elective Bodies Disqualification Order. Don't confuse it with PRODA (1949).
• 80,000 Basic Democrats (40,000 per wing). This became 120,000 in 1965.
• BD tiers: Union → Thana/Tehsil → District → Division → Provincial Development Advisory Council, 5 tiers.
• It was called a Thana Council in East Pakistan and a Tehsil Council in West Pakistan.
• The BDs were the electoral college for the President, NA and PAs. There was no direct adult franchise.
• IWT: signed 19 Sept 1960 in Karachi by Nehru and Ayub, with the World Bank as mediator and signatory.
• Eastern rivers (Ravi, Beas, Sutlej) → India; western rivers (Indus, Jhelum, Chenab) → Pakistan.
• Mangla and Tarbela were built as IWT replacement works.
• The 1962 Constitution was promulgated on 1 March and enforced on 8 June 1962.
• The Shahabuddin Commission was headed by former CJ Muhammad Shahabuddin.

---

✍️ Model Answer Outlines

Q1. Critically evaluate Ayub Khan's system of Basic Democracies.

1. Introduction: the BD Order 1959; aim of grassroots democracy and development.
2. Structure: 5 tiers, their composition, and the 80,000 BDs.
3. Functions: development works, conciliation courts, taxation, and the electoral college.
4. Merits: the first local government system; development and local participation.
5. Demerits:
   • bureaucratic control
   • indirect elections
   • a small, manipulable electorate
   • used to legitimise Ayub (1960 referendum, 1965 election).
6. Conclusion: a "controlled democracy" that served the regime more than the people.

Q2. Discuss the salient features of the Indus Waters Treaty 1960. Was it favourable to Pakistan?

• Background: 1948 water stoppage; World Bank mediation.
• Division: 3 eastern rivers to India, 3 western rivers to Pakistan (30:70).
• India's rights on the western rivers; replacement works (Mangla, Tarbela); Permanent Indus Commission.
• Evaluation:
  • It ended the dispute and has survived wars.
  • But Pakistan lost the eastern rivers entirely, and India's non-consumptive rights allowed projects like Kishanganga and Baglihar.

Q3. Why was the capital shifted from Karachi to Islamabad?

• Security (exposure to the sea), central location and accessibility, freedom from business interference, closeness to GHQ and Kashmir, climate. It was a planned city (Doxiadis).

---

🧠 Self-Test Questions

1. Give a brief profile of Ayub Khan up to 1958.
2. What was EBDO? How many politicians were disqualified or forced to retire under it?
3. Which parties and leaders faced Ayub's crackdown?
4. Describe the five tiers of the Basic Democracies system.
5. What were the functions of the Union Council and the District Council?
6. Why was the BD system called an electoral college? What was its political use?
7. Give three criticisms of the Basic Democracies.
8. When, where and by whom was the Indus Waters Treaty signed?
9. How were the rivers divided under the IWT? What rights did India get on the western rivers?
10. What were the reasons for shifting the capital to Islamabad?
11. Who headed the Constitution Commission of 1960? When was the 1962 Constitution promulgated and enforced?

⚡ 60-Second Revision

Ayub (1907–74): Aligarh + Sandhurst; WWII in Burma; first native C-in-C 1951; Defence Minister 1954–55; backs Mirza's martial law 7 Oct 1958 → coup 27 Oct 1958 → President 1958–69 → resigns Mar 1969 to Yahya • Parties banned • EBDO 1959: 22 disqualified (Section 5), 97 forced to retire until 1966 (Sections 7–8) • NAP crackdown (Bhashani, G.M. Syed, Achakzai, Bizenjo, Ghaffar Khan, Wali Khan); Suhrawardy arrested; Mujib disqualified • BD Order 1959: 5 tiers (Union ~7,300 → Thana/Tehsil 655 → District 74 → Division 16 → Provincial Advisory Council); bureaucrats chair higher tiers; 80,000 BDs = electoral college for President, NA and PAs; referendum 14 Feb 1960 • IWT 19 Sept 1960, Karachi (Nehru–Ayub, World Bank): eastern rivers to India, western to Pakistan, 30:70; India's non-consumptive rights; Mangla, Tarbela • Capital: Karachi → Rawalpindi 1959 → Islamabad (security, central, no business interference, near GHQ and Kashmir) • Shahabuddin Commission (1 + 10) → 1962 Constitution promulgated 1 Mar, enforced 8 Jun 1962

---

Next lecture: Ayub regime, Part II: salient features of the 1962 Constitution, the 1965 presidential election, the 1965 war, Tashkent, economic development (the "Decade of Development"), and Ayub's fall.