Contrary to Yahya Khan`s view that the Awami League would not win the elections in the East Wing,[12] the Awami League won all but two seats in East Pakistan, won a majority in the National Assembly, and therefore did not need the support of a West Pakistan political party. Since the LFO has not set rules for the constitution-writing process, a government controlled by the Awami League will oversee the adoption of a new constitution by a simple majority. [4] Zulfiqar Ali Bhutto`s Pakistan People`s Party, which has become the largest political party in West Pakistan, has said it will boycott the new legislature, greatly escalating tensions. After the talks failed, General Yahya postponed the convening of the legislature, a move that provoked outright rebellion in East Pakistan and led to the Bangladesh Liberation War in 1971. [3] [4] More than 200 years ago, Alexander Hamilton, James Madison, and John Jay published a series of essays advocating ratification of the U.S. Constitution, now known as the Federalist Papers. In explaining the need for an independent judiciary, Alexander Hamilton noted in The Federalist #78 that the federal courts were «designed as an intermediary between the people and their legislature» to ensure that the people`s representatives acted only within the authority conferred on Congress by the Constitution. Gene. Yahya Khan succeeded his predecessor, President Ayub Khan, to restore law and order in Pakistan, which had deteriorated in the last days of Ayub rule.
[3] Yahya promised to convert the country to democracy and to hold direct elections to that end. [3] However, General Yahya also had to decide how the two wings of the country, East Pakistan and West Pakistan, were to be represented. [4] Although geographically smaller and separated from West Pakistan by the full width of India, East Pakistan (formerly East Bengal) accounted for more than half of the national population and was mainly inhabited by Bengalis. Allegations of ethnic discrimination and lack of representation have led to unrest and conflict between Pakistan`s two wings. [3] The Awami League, the largest political party in East Pakistan, supported Bengali nationalism and sought greater autonomy for the province, which most West Pakistanis considered secessionist. [4] The LFO responded to a long-standing demand of the Bengalis by accepting proportional representation, much to the chagrin of many West Pakistanis who opposed the idea of an East Pakistani-led government. [4] Many East Pakistanis criticized the LFO`s reservation that the president had the power to authenticate the constitution. Yahya Khan assured Bengal that this was only a procedural formality and was necessary for the democratization of the country.
[10] Yahya Khan ignored intelligence reports about India`s increasing influence in East Pakistan and the fact that Mujib intended to tear up the LFO after the elections. [11] Yahya Khan met with the governor of East Pakistan, Vice Admiral Ahsan, and concluded that Sheikh Mujib would moderate his demands after the elections. Yahya issued the Legal Framework Ordinance (LFO) on 30 March 1970 with the aim of securing the future constitution. [5] The LFO also stipulated that the future constitution should contain five principles. [9] Courts play a key role in upholding the rule of law, in particular when hearing complaints from minority groups or persons who may represent minority views. Equality before the law is so integral to the U.S. system of government that when a majority, intentionally or unintentionally, violates the rights of a minority, the Court sees fit to hear both sides of the controversy in court. Mark Dimunation talks about the Federalist Papers. The collection of 85 essays by Alexander Hamilton, James Madison and John Jay was written between 1787 and 1788 to encourage states to ratify the Constitution. The Legal Framework Ordinance 1970 (LFO) was a decree issued by the then President of Pakistan as a general.