Under Dominion of Pakistan (1947 – 1954)
From 1947 to 1954, the governance of East Bengal was based on the Indian Independence Act, 1947 and Government of India Act 1935 - with certain adaptations, which provided the legal framework for provincial administration The office of the Governor of East Bengal was the highest executive authority in the province, acting as the representative of the Governor-General of Pakistan. The Governor was responsible for overseeing the administration, implementing federal directives, and maintaining law and order.
Executive Authority of the Governor
The Governor was the representative of Governor-General in the province and held supreme executive authority. While he could delegate powers to subordinate officers, his authority remained separate from that of the Federal or Provincial Legislature. His executive powers extended to matters within the legislative competence of the Provincial Legislature, ensuring that administrative decisions aligned with existing laws. Additionally, any powers previously granted to courts, judges, officers, or local authorities under Pakistani laws remained unaffected by the Governor’s executive control. In cases where the Governor of a province is required to act at his discretion or exercise his individual judgment, he must follow the general control and specific directions, if any, given by the Governor-General in his discretion. However, any actions taken by the Governor cannot be challenged on the basis that they did not comply with this provision. [2]
Council of Ministers
A Council of Ministers, headed by chief minister to be appointed to assist the Governor in governance. The Governor exercised full control over the appointment and dismissal of ministers and served at his pleasure. The Governor shall, in his discretion, appoint from amongst the members of the Provincial Assembly a Chief Minister, who, in his opinion, is most likely to command the confidence of the majority of the members of the Provincial Assembly. However, the Governor retained discretionary powers in specific matters. The Governor had the authority to preside over Council meetings at his discretion. If a dispute arose regarding whether a decision required the Governor’s individual judgment, his decision was final and could not be legally challenged. The Governor could override the advice of the Council in areas where he had special responsibilities or where the Act granted him discretionary powers.
If a minister was not a member of the Provincial Legislature for six consecutive months, they lost their position. Ministerial salaries were decided by provincial legislation, but in the absence of such a law, the Governor determined salaries, which could not be altered during a minister’s tenure. Ministerial advice to the Governor could not be questioned in court, ensuring that executive decisions remained beyond judicial scrutiny. [3]
Special Responsibilities of the Governor
In addition to his general administrative duties, the Governor had special responsibilities:
- Maintenance of Law and Order: Preventing any serious threats to peace and stability in the province.
- Protection of Minority Rights: Safeguarding the legitimate interests of minority communities.
- Public Service Rights: Ensuring security and benefits for current and former public service employees.
- Implementation of Legislative Principles: Ensuring that executive decisions aligned with the objectives of legislature.
- Executing of Governor-General’s Orders [4]
When carrying out special responsibilities, the Governor had sole discretion in decision-making. The Governor-General could issue directions to the Governor, but these directives could not be legally challenged.
Legislative Power
The provincial governor in British India possessed extensive legislative authority that combined executive discretion with quasi-legislative functions. These powers were exercised under strict conditions, subject to oversight by higher imperial authorities, and were designed to ensure rapid governance while maintaining imperial control over provincial affairs. All executive actions of the Provincial Government were formally carried out in the name of the Governor. Any orders, official documents, or regulations had to be authenticated according to rules set by the Governor. Once properly issued, these documents could not be legally challenged based on procedural grounds. The Governor represented Governor-General in the legislature. The Governor also acted as the constitutional head of the Provincial Assembly. [5]
Ordinance-Making Authority
The governor was empowered to promulgate ordinances—legal instruments carrying the same force as Acts of the Provincial Legislature—under circumstances where immediate action was required or when the legislature was not in session. However, this authority was subject to several conditions and limitations. The conditions for promulgation required that in cases where a corresponding bill would normally need prior sanction for legislative introduction, the governor was obligated to act independently without ministerial advice. Additionally, if a similar bill required the Governor-General’s prior approval, the governor could not issue an ordinance unless explicitly instructed by the Governor-General. Ordinances were provisionally valid but ceased to have effect six weeks after the legislature reconvened unless formally approved, and they could be nullified earlier if the Legislative Assembly passed a resolution of disapproval with the concurrence of the Legislative Council (where applicable). They were also subject to royal disallowance by His Majesty and could be withdrawn by the governor at any time. Content limitations stipulated that any provision exceeding the constitutional authority of the Provincial Legislature was void, and in conflicts with federal laws, an ordinance was treated as if reserved for the Governor-General’s assent. Ordinances typically remained in force for up to six months, with a possible single extension for another six months, contingent on notification from the Governor-General to the Secretary of State and subsequent parliamentary review. [6] [7]
Enactment of Governor’s Acts
Beyond ordinances, the governor could also initiate legislation directly through what were known as Governor’s Acts. These measures allowed the governor to bypass conventional legislative debate when deemed necessary for the effective discharge of discretionary functions. The governor could enact legislation through two primary methods: immediate enactment, where the governor directly promulgated an Act after communicating its necessity to the provincial legislature, or draft legislation, in which a draft bill was attached to a message sent to the legislature; if the legislature failed to pass it within one month, the governor could enact the bill with or without amendments after considering legislative recommendations. Governor’s Acts held the same legal authority as regular Acts but were subject to disallowance under procedures similar to those governing provincial legislation. If such an Act conflicted with federal law, it was treated as though reserved for the Governor-General’s assent and rendered void without this approval, while provisions exceeding the provincial legislature’s jurisdiction were automatically invalidated. Prior to enactment, the governor required the concurrence of the Governor-General, and afterward, every Governor’s Act was transmitted to the Secretary of State for India and presented to both Houses of the British Parliament for review, ensuring accountability. [8]
Legislative Functions and Oversight
In addition to direct legislative initiatives, the governor played a pivotal role in managing the workings of the Provincial Legislature. The governor had the authority to summon, prorogue, and dissolve the Provincial Legislature and, upon the presentation of a bill, could grant or withhold assent, reserve the bill for the Governor-General’s consideration, or return it with recommendations for amendments. Bills reserved for the Governor-General followed a parallel process involving the possibility of royal assent or further reservation for the King’s pleasure. The governor could also address the Legislative Assembly directly or, in bicameral provinces, either chamber individually or jointly, thereby setting legislative priorities, and was authorized to send formal messages compelling timely consideration of specific issues. Beyond guiding legislative agendas, the governor established rules to prevent dual membership between provincial and federal legislatures, oversaw procedures for vacating seats, appointed temporary presiding officers, and administered oaths for new legislators, ensuring continuity and safeguarding the integrity of the legislative process. Additionally, the governor exercised veto-like powers over legislation, particularly in financial matters, and could reject provincial laws conflicting with national interests or security concerns. Even after a bill’s passage, imperial oversight persisted, as His Majesty retained the power to disallow any provincial law within 12 months, reinforcing hierarchical control over provincial governance. The governor had the authority to appoint a temporary presiding officer if the Speaker’s role was vacant or the Speaker was absent. Speaker, deputy speaker, chief minister or any member of the parliament had to submit their mandatory notice periods or resignations to the governor. [9]
Financial Oversight and Budgetary Authority
The governor’s legislative powers encompassed fiscal management and budgetary control, including the presentation of annual financial statements to the provincial legislature that differentiated between "charged expenditures" (not subject to legislative debate) and "voted expenditures" (requiring legislative approval). Following parliamentary deliberations, the governor authenticated the final schedule of grants and retained the authority to restore part or all of reduced or refused critical grants to their originally proposed amounts. Supplementary financial statements for unforeseen expenses also fell under the governor’s responsibilities. Additionally, the governor exercised control over fiscal legislation by mandating their recommendation for any bill proposing new or increased charged expenditures, ensuring such measures aligned with imperial priorities and the governor’s special responsibilities. [10]
Discretionary Powers
The governor’s role combined both constitutional and executive functions, with a strong emphasis on discretion and intervention in matters deemed critical:
- Protection of Minority Interests: A special responsibility of the governor was to protect minority communities. This authority enabled him to override legislative decisions that threatened the interests of these groups, often serving as a justification for financial or procedural interventions. [4]
- Control Over Administrative and Security Matters: The governor maintained direct control over police regulations, including the organization, discipline, and implementation of special security measures during public order crises. He was also responsible for establishing rules for administrative operations, structuring ministerial responsibilities, and ensuring that key provincial issues were reported directly to him. [11]
- Procedural Rule-Making: The governor held the authority to establish and modify rules for legislative procedures, particularly in joint sittings of bicameral legislatures, ensuring that debates and discussions reflected both provincial interests and imperial oversight. He could also intervene in legislative debates to certify contentious expenditures or override procedural norms if necessary.
Integration of Executive and Legislative Roles
In British India, the governor functioned as both the executive head and a quasi-legislative authority. All official documents, orders, and regulations were issued in the governor’s name, and once properly authenticated, they were beyond challenge on procedural grounds. This dual role reinforced the integration of executive and legislative functions, ensuring that provincial governance was both responsive to local needs and consistent with overarching imperial policies.
The framework established under the Government of India Act provided the governor with significant power to guide provincial legislation while remaining subject to a hierarchy of oversight. By combining direct legislative actions with robust financial and procedural controls, the governor ensured that provincial laws were aligned with national interests and the priorities of the British Crown.
Judicial Power
The province had an Advocate-General, appointed by the Governor:
- Qualifications: The Advocate-General had to be qualified to serve as a High Court judge.
- Duties: The Advocate-General provided legal advice to the government and carried out duties assigned by the Governor.
- Tenure and Salary: The Advocate-General served at the Governor’s pleasure, with a salary determined by the Governor. [12]
Governor's Rule 1954
Background
Legislative elections were held in East Bengal between 8 and 12 March 1954, the first since Pakistan became an independent country in 1947. [13] The opposition United Front led by the All-Pakistan Awami League and Krishak Sramik Party won a landslide victory with 223 of the 309 seats. [14] The Muslim League Chief Minister of East Pakistan Nurul Amin was defeated in his own constituency by Khaleque Nawaz Khan by over 7,000 votes, with all the Muslim League ministers losing their seats. [15]
Governor's Rule
The central government of Pakistan moved decisively to dismantle the democratically elected provincial government, employing fabricated allegations of communist sympathies to justify authoritarian intervention. The United Front ministry and the Legislative Assembly were dissolved and East Bengal was put under direct governor's rule by Governor-General Malik Ghulam Muhammad on May 30. Prime Minister Bogra emphasized to the US that Fazlul Huq’s administration could not be trusted to manage security risks, citing fears that sensitive information might leak to Soviet or Chinese officials through Huq’s cabinet. The first action under Governor's Rule involved arresting prominent opposition figures labeled as communist though martial law was to be avoided unless absolutely necessary. [16]
Appointment
Iskander Mirza was appointed as the governor of East Bengal to oversee the transition to direct central control. Mirza, a senior civil servant and former Defense Secretary, was appointed Governor of East Bengal. Mirza, who had prior administrative experience in Bengal and born in Murshidabad, Bengal, was chosen strategically to mitigate perceptions of outsider imposition. He was urgently recalled from medical treatment in London to assume the role despite protests from his doctors. [16]
Policy Measures Under Governor’s Rule
The Government of Pakistan announced a two-pronged strategy to consolidate control over East Pakistan: psychological and economic initiatives. [16] A significant emphasis was placed on countering what the central government labeled as communist threats, despite the lack of credible evidence supporting these claims. The administration planned to intensify propaganda efforts by establishing two new radio stations in East Bengal and expanding its informational outreach. The importance of these measures was highlighted in a secret telegram sent by the U.S. Chargé in Pakistan, Emmerson, which detailed the government's plan to arrest alleged communists and enhance psychological operations to solidify control over East Pakistan. [16]
On the economic front, the government aimed to win public support by ensuring the availability of essential commodities such as food, cloth, kerosene, mustard oil, and salt at subsidized rates. [16]
Aftermath
The long-term goal, as stated by officials, was to restore parliamentary governance within a year. However, the immediate impact of governor’s rule was widespread political repression, with around 1,600 united Front leaders and activists, including 30 members of the legislature, being arrested. [16] The Awami League, however, returned to power on its own on 30 August 1956 with Ataur Rahman Khan as chief minister, but only to resign a few months later
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Governor of Bengal 
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