Daily Times

In little over 75 years of its existence, Pakistan has had three constitutions. Pending framing and promulgation of a constitution, the Government of India Act 1935, with necessary alterations and modifications through Pakistan (Provisional Constitution) Order 1947. was adopted as the provisional constitution.

The first constitution was enforced in March 1956 when Pakistan also became the Republic of Pakistan. Somehow, it proved short-lived and was abrogated in October 1958 when President Major General Iskander Mirza and the first Muslim Commander-in-Chief of the Pakistan Army, General Muhammad Ayub Khan, connived and imposed the first martial law in the country just seven years after coming into existence. Towards the end of the same month, General Ayub Khan kicked out President Iskander Mirza and became the President.

The second constitution of Pakistan was given by General Ayub Khan in March 1962 and martial law was lifted on March 25, 1969. However, martial law was again imposed in the country in a couple of days when Commander-in-Chief of the Army General Agha Muhammad Yahya Khan assumed power; forcing General Ayub Khan to step down.

The third constitution was enforced on August 14, 1973, and its golden jubilee is being celebrated now. It has survived many crises over the years and its enforcement has gone down in the annals of history.

Mr Bhutto had given due priority to providing a constitution to the country, which was like a rudderless ship following the parting away of East Pakistan.

The longest-surviving 1973 Constitution has been suspended and held in abeyance at least twice and by now has been amended as many as 26 times during the 50 years in the politically chequered history of Pakistan. The Constitution was continuously talked about in both positive and negative manners by different political and other concerned on non-concerned advancing their vested interests. Hence, this little piece about making the longest-surviving Constitution!

The nation celebrating Independence Day every year somehow forgets to mark another anniversary: of its Constitution, which has so far survived the martial law of the third military ruler General Muhammad Ziaul Haq and civil-cum-military rule of the fourth dictator, General Pervez Musharraf, after it was unanimously passed by the National Assembly on April 10, 1973, authenticated by then President Zulfikar Ali Bhutto and promulgated on August 14, 1973. The promulgation of the new Constitution, framed after the dismemberment following the great tragedy of the Fall of Dacca in December 1971, also marked the stepping down of the country’s first civilian CMLA and President Zulfikar Ali Bhutto and becoming the first democratically elected Prime Minister and the then NA Speaker Fazal Elahi Chaudhry elevated to the highest office of the land as the President.

As the golden jubilee year of the 1973 Constitution is being celebrated, due credit needs to be paid to Mr Zulfikar Ali Bhutto and all 24 members of the Constitution Committee. Mr Bhutto had given due priority to providing a constitution to the country, which was like a rudderless ship following the parting away of East Pakistan.

The remainder of the National Assembly elected in December 1970 had constituted the Constitution Committee through a resolution passed on April 17, 1972. The Committee, so constituted and headed by Mian Mehmood Ali Kasuri, was given the important task of preparation of the permanent Constitution by August 1, 1972.

Committee members included Dr Mubashir Haan, Malik Ghulam Mustafa Khar, Malik Meraj Khalid, Mumtaz Ali Bhutto, Ghous Bux Bizenjo, Ghulam Mustafa Khan Jatoi, Abdul Hafez Pirzada, Syed Qaim Ali Shah, Dr Mrs Ashraf Abbasi, Dr Ghulam Husain, Malik Muhammad Akhtar, Maulana Kausar Niazi, Khurhid Hassan Meer, Sheikh Muhammad Rashid, Maulana Mufti Mehmood, Khan Abdul Qayyum Khan, Muhammad Haneef Khan, Maulana Shah Ahmad Noorani, Professor Ghafoor Ahmad, Amirzada Khan, Sirdar Shaukat Hyat Khan, Mian Mumtaz Muhmmad Khan Daultana, Niamatullah Khan Shinwari and Begum Nasim Jehan.

Out of the members so appointed, Dr Mubashir Hasan, Malik Ghulam Mustafa Khar, Malik Meraj Khalid and Mumtaz Ali Bhutto resigned from its membership one after the other on account of being entrusted with other assignments and responsibilities connected with their government offices. Ghous Nux Bizenjo also resigned. They were replaced by Malik Muhammad Jaffer, Ch Jahangir Ali, Ch Barakatullah, Malik Sikander Khan, and Mrs Jennifer Jehanzeba Qazi Musa.

Towards the finalization of the Constitution Committee deliberations, Mian Mehmood Ali Kasuri also stepped down as the Chairman and was replaced by Abdul Hafeez Pirzada.

The Constitution Committee held its first meeting on April 22, 1972. On the whole, the Committee held 48 sittings spread over 38 days. It deliberated for 170 hours to come up with the draft constitution comprising less than 180 articles and six schedules.

The younger generation coming into this world after the cessation of East Pakistan might have heard about suspension but needs to be apprised about the making of the Constitution.

This little piece about the makers of the longest surviving Constitution, despite attempts for its abrogation and suspension from left and right, is in all fairness, a humble credit and tribute to the makers and the defenders of the 1973 Constitution. The continued survival of the 1973 Constitution against all odds and despite all hidden and open challenges mean a strong, united, prosperous, forward-looking, positive thinking and economically and defence-wise stronger and stable Pakistan.

While celebrating the golden jubilee year of the 1973 Constitution, we should all pledge to continue, honouring, respecting, safeguarding, and implementing all its provisions sincerely, faithfully, objectively and honestly as well as fully understanding and appreciating all that is embodied in it.

He writer is a Lahore-based freelance journalist, columnist and retired deputy controller (News), Radio Pakistan, Islamabad. He can be reached at zahidriffat@gmail.com.