February 12, 1955 THE ECONOMIC WEEKLY Weekly Notes

Dissolution Declared Invalid If no provisions exist in the Chittagong is the main port of C O N S T I T U T I O N A L de- Indian Independence Act for the East Pakistan, and practically the velopments in Pakistan have kind of situation that has arisen in only port. But it has only a very taken a new turn with the Sind Pakistan; it is because the Consti­ limited capacity. Conditions in the Chief Court declaring invalid the tuent Assembly was expected to per­ Karnafuli river will need consider* Governor-General's dissolution of form its task expeditiously. Pakis­ able improvement if the port is to the Constituent Assembly in Octo­ tan is, in fact, reaping today the expand and to offer adequate faci­ ber last year. The Court has also consequences of its delay in framing lities for shipping. Until this is issued a writ of quo warranto prohi­ a Constitution, however imperfect. done, some of the East Pakistan biting five Central Ministers from The internal dissension and bicker­ traffic will still have to be routed exercising the office of Minister, ing that has prevented the Consti­ through the post of Calcutta. and a writ of Mandamus restoring tuent Assembly from completing its There are two main problems to Moulvi Tamizuddin to the office of work has done much harm to the be investigated. Firstly, where the President of the Constituent Assem­ country, and the reinstatement of Karnafuli River flows into the Bay bly and prohibiting the Federation that body is not, therefore, some­ of Bengal, the depth of water over of Pakistan, Prime Minister Moham­ thing over which there can be much the outer bar must be increased; med Ali and others from obstruct­ enthusiasm, however illegal its dis­ and secondly, in the tidal reaches of ing him in the performance of his solution might have been. If the the river at and immediately above duties. An appeal is being prefer­ Assembly learns the lesson of recent Chittagong, the rapid fluctuation of red to the Federal Court at Lahore events and approves a Constitution the channel meanders must be stop­ against the Chief Court's judgment, at an early date, it will mean a ped, and the channel position stabi­ but it does not appear likely to suc­ definite step forward, as a govern­ lized alongside the shipping jetties, ment functioning on normal consti­ ceed, for an act by which a sove­ To study these problems, a large tutional lines is one of Pakistan's reign body is dissolved by an autho­ mobile-bed model of the Karnafuli first requirements. But this is prob­ rity external to itself can hardly be River from the sea to its junction ably too much to expect in the legal. with the Halda River some 20 miles light of past events. Provisions of the Indian Inde­ upstream will be constructed at the pendence Act, 1947, by which sove­ In an interview this week, Major- Wallingford station. Data regard- ing tides and coastal currents is at reign power was transferred to the General Iskander Mirza is reported present being collected by the port Pakistan Constituent Assembly leave to have stated that Pakistan was authorities at Chittagong. The no room for any doubt, as Mr Jus­ thinking of introducing the Ame­ design of the model, and of the tice Mohammed Baksh pointed out rican form of government in the complex mechanism required to in his concurring judgment, " that country, " with certain modifica­ produce and synchronize the tides the Constituent Assembly was the tions." There may be strength in and coastal currents, is being work­ sovereign body and was not subject his argument that the application of out out at the Wallingford Hydrau­ to any checks and balances, res­ the Cabinet form of government lic; Research Station. traints and restrictions and could over the last seven years has failed make any law it liked, even though in Pakistan, though one may prefer it was against the laws of England to doubt whether that system has or the Independence Act." The in fact been tried there at all. But prerogative to dissolve this body his argument in favour of the presi­ had been given by Section 5 of the dential form is disturbing. Under Indian Independence Act only to the American system, he is reported the Assembly itself. Within the to have said, " the Chief Executive, Commonwealth, barring England, a namely, the President, and his legislature cannot be dissolved ex­ advisers, had a fixed tenure of cept in accordance with express office and did not depend on the support of various parliamentary provisions contained in the Consti­ 1 tution. Even in England, it is the groups" The trend of thought Prime Minister who advises the suggested by this argument does not Crown to dissolve Parliament, there­ augur well for the constitutional or by signifying the consent of Parlia­ political future of Pakistan. ment to its own dissolution- Also, in the field of the Government of Chitttagong Port India Act 1935, the Governor- HE plan for the development of General cannot exercise any power T the port of Chittagong is of the Crown unless it is spccfically being worked out at the Hydraulics assigned to him. In the light of Research Station at Wallingford, these principles, it is " unthinkable Berkshire, which will carry out an that the only legislature of the Investigation of the Karnafuli River country, which was also a sovereign for the purpose. The Government body under the Independence Act of Pakistan is being given this could be dissolved on the principles assistance under the Technical Co- of justice, equity and good con- operation Scheme of the Colombo science." Plan.

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