By: Umar Farooq
Pakistan gained independence in 1947 and adopted the Indian Act of 1935 as a provisional constitution. Its first constitution, enacted in 1956, was abrogated in 1958 by General Iskander Mirza. General Ayub Khan replaced him, promulgating a new constitution in 1962.
The 1971 crisis led to the creation of Bangladesh and the imposition of martial law by General Yahya Khan. Subsequently, the 1973 Constitution was adopted, but its integrity was compromised by successive military regimes and amendments serving elite interests.
General Zia-ul-Haq suspended the 1973 Constitution in 1977, later claiming it was merely held in abeyance. His actions were validated by parliament in 1985. A similar pattern followed with General Musharraf’s 1999 takeover and subsequent validation of his actions.
The 18th Amendment, introduced by the PPP government in 2010, aimed to decentralize power but was also criticized for potentially enabling political opportunism.
The 1973 Constitution of Pakistan, adopted by the National Assembly on April 10, 1973, and enforced on August 14, 1973, incorporated the Objectives Resolution of 1949 as its preamble. This preamble establishes Pakistan as a sovereign Islamic state, where authority is exercised by the people through elected representatives. It enshrines principles of democracy, freedom, equality, tolerance, and social justice, guaranteeing fundamental rights including equality, opportunity, and freedom of expression, belief, and association.
Fundamental Rights and Principles of Policy in Pakistan:
The 1973 Constitution of Pakistan outlines a comprehensive set of fundamental rights, including protection of life, liberty, fair trial, freedom of speech, religion, and property. However, the practical realization of these rights has been inconsistent, with a notable disparity in the treatment of politicians and ordinary citizens. The education sector, for instance, highlights a gap between constitutional provisions and government action, as evidenced by the preference of politicians for private or foreign education for their children.
While the constitution is enforceable through the judiciary, it also includes non-binding Principles of Policy, such as the promotion of Islamic values and social welfare. These principles, though aspirational, lack concrete mechanisms for implementation.
The 1973 Constitution superseded previous constitutions and granted the President initial authority for its enforcement. This power was later extended to Parliament with the 18th Amendment. Essentially, Pakistan’s constitutional framework outlines an ambitious vision of rights and responsibilities, but its effective implementation remains a challenge due to various factors, including political will, socioeconomic conditions, and judicial interpretation.
Conclusion
Pakistan’s Constitution, enacted in 1973, established a federal Islamic republic with a bicameral legislature and a presidential system. Islam is the state religion, and Islamic principles guide lawmaking. The constitution outlines fundamental rights, but their implementation has been uneven. The political landscape comprises federal and provincial levels, with the Prime Minister as chief executive at the federal level and Chief Ministers heading provincial governments. A robust judicial system, including the Supreme Court and High Courts, ensures the constitution’s supremacy. However, challenges in governance and implementation persist.