Daily Times

On August 14, 1973, Pakistan attained the status of a constitutional democracy after the enactment of the unanimously agreed constitution. A similar milestone was achieved in 1787, when the constitution of the United States of America was passed which is being hailed today as a miracle at Philadelphia. The consensual document of the Islamic Republic of Pakistan is no shall achievement considering the difficulties encountered in its struggle. It all happened due to the efforts of the duly elected representatives of the people in the 1970, free and fair elections. It is time to defend and follow this agreement between the rulers and the ruled.

Both constitution making and then following it has been an uphill task in Pakistan. It is perhaps the only country in the world where this exercise has been repeated four times (1956, 1962, 1972, 1973). In the last 45 years the constitution of the Islamic Republic has been amended 25 times the last being on May 31, 2018 by contrast the USA document has been changed 27 times in 232 years the last being on May 05, 1992. Most elected representatives of the people in America have been able to complete their terms in elected offices except for President Richard Nixon who had to resign in the mid of his second term and Governor Evan Mecham of Arizona who was recalled by the voters of the state through a signed petition in the middle of his first term of office.

In most democracies of the world the constitution in revered and respected. Violations are not tolerated with judicial support violators are constrained. In case of the unpopular Vietnam war, massive student protests resulted in ending the war. A similar movement in Pakistan toppled the government of the first usurper in March 1969. The country was on the verge of a revolution which was prevented by the first free and fair elections of 1970. The 1973 unanimous constitution is a gift of this legislature which has withstood the test of times.

Both constitution making and then following it has been an uphill task in Pakistan. It is perhaps the only country in the world where this exercise has been repeated four times (1956, 1962, 1972, 1973). In the last 45 years the constitution of the Islamic Republic has been amended 25 times the last being on May 31, 2018 by contrast the USA document has been changed 27 times in 232 years the last being on May 05, 1992

The critics of the constitution believe that it needs major amendments. As a student of management I believe that any policy or document should be first implemented in letter and spirit before considering changes. Unfortunately, this unanimous article of faith has never been followed in 45 years of its enactment.

By incorporating Article-6 in the constitution the legislators believed that the path of martial laws had been blocked forever but they were proven wrong. Zia in July 1977, and Musharraf in October 1999, crossed the lines and got away with it. Musharraf then tried to repeat the act in 2007, and got into trouble. He is now being tried for treason and is on the run. It shows the strength of the constitution if followed as designed by the founders. No man made document is perfect that is why the mechanism of amendment is incorporated on as need basis which must be followed.

Respect for the constitution is the way forward which must be inculcated at all levels starting from schools to professional training academies. Oath taking must be taken seriously. Loyalty to the state comes through the constitution not individuals or institutions. For most positions oath taking has only ceremonial significance. No one reads or understands the document. Every passing out candidate of Pakistan Military Academy (PMA) and Pakistan Administration Academy takes an oath to serve the country and follow the constitution. On inquiry I found out that the sacred document is not even touched during the entire course of training.

During a recent conference on ‘Coal’ in Pittsburgh the issue in delay of an environmental regulatory framework by EPA (Environment Protection Agency) was highlighted. I suggested that the Coal Miners should get a time deadline from the Supreme Court. I got a nasty stare from the speaker together with a spontaneous reply, “the Supreme Court cannot encroach on executive authority, it will be unconstitutional” my question was considered naive and out of order.

The British Parliament is considered to be the mother of parliamentary democracy. The country has no written constitution unlike Pakistan, India and USA yet the traditions hold. In case of a deadlock snap elections take place to determine the will of the people. Rights of the voters are always protected in true spirit of democracy.

By following the unanimously passed constitution of 1973, and by punishing those who ridicule or defy it, a lot of our ills can be corrected. If followed then no loan, tax or utility defaulter would be able to reach the legislature. Every 5 year old child would be in school, the first and basic step in our crusade for literacy. I  urge my friend the Chief Justice of Pakistan (CJP) to call the four Chief Minister’s and order them to create space for every school ready five year old by August 2019 when the new academic year starts or go home in violation of Article-25 A. The constitution is a living document that has to be followed to march forward as a nation. Article-6 of the constitution of the Islamic Republic of Pakistan has been violated twice (1977 Zia, 1999 Musharraf) the unpardonable violation of Article 25-A that has kept the nation and its coming generation  in ignorance for 45 years  should carry a higher punishment.,

The writer is Ex-Chairman Pakistan Science Foundation. He can be reached at fmaliks@hotmail.com

Published in Daily Times, January 16^th 2019.