After death of the creator of Pakistan and assassination of its first Prime Minister the country, created on an ideology, lost direction and till to day all the king’s horses and all the king’s men could not put it on the right path again. The Constituent Assembly constituted under Government of India Act 1935, although addressed by Quaid-e-Azam on August 11, 1947, failed to complete its job for more than eight years and thus stood packed. The new Constituent Assembly framed the Constitution which met unfortunate end of having been abrogated. The next Constitution was also axed by a General of same creed, the one who engineered it.
For more than quarter of a century the Politicians, Generals and Bureaucrats played with the destiny of the nation by power and intrigues to plunder and fleece like alien rulers. Although a consensus Constitution was framed in 1973, the framer made many amendments in a shady and non traditional way that it lost its basic character and since than it has become a controversial document. It is neither parliamentary nor presidential. It has seen both bulldozed and dictatorial amendments.
Leaving nature of the Constitution, the Laws and the Rules aside, the most unfortunate aspect of our cultural trend is that everybody feels proud of breaking the laws considering it sign of power and status. It is climax of an apathetic behaviour that not less than Head of State scorns and scolds the Constitution as a bunch of papers. Unless the laws are faithfully followed and forcefully got implemented the system can not work successfully. Formation and transformation of a society is dependant on the coterie bonded by principles. However the man by its nature is greedy and aggressive. Therefore the Creator sent his Messengers for guidance of the man warning simultaneously of rewards and punishments.
In this modern world those who have separated religion from governments and politics are very successful and powerful not because religion impedes progress and development but because they are extremist in following the principles made and laid down by themselves. Unfortunately we the Muslims neither follow our religion nor follow the principles laid down by ourselves. No doubt Constitution of Pakistan was agreed, workable and progressive, not a single amendment has been made in the interest of the country and good for the people. Rather all are politically motivated and in the self interest. And the consequences are evident because the basics of the Constitution are under challenge.
We are surrounded by enemies from all the four corners and their agents are within our ranks and files. The time has come for us to be serious as our survival and existence is at stake. The only force which can unit us is our Constitution. We may not redraft it but reshape it bringing the amendments making it parliamentary but not with absolute authority. It must contain a system of checks and balances. Therefore the following proposals are suggested.
Pakistan is an Islamic state with 95% population as Muslims. A Muslim is one who submits to the Will of God and follows His Messenger. Within these boundaries we are free to make principles, frame rules and determine our objectives. The first Constituent Assembly passed a resolution called ‘Objective Resolution’ and made it preamble of the Constitution. The subsequent Constitutions of 1962 and 1973 adopted it as preamble. However the Objective Resolution was formed part of substantive provisions of the Constitution in March 1985 and till today it has got the same status and force. In the Objective Resolution, inter-alia, the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed and the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Qur’an and the Sunnah. Article 227, establishment of Council of Islamic Ideology (Article 228) and Federal Shariat Court (Article 203-C) are supportive of the version that Article 2-A controls the Constitution and superior Courts, subject to Article 203-G, can declare illegal or unlawful any decision of any Authority which may be in accordance with the provisions of the Constitution and other laws but repugnant to the provisions of the Objective Resolution. Therefore it would be more appropriate to remove the ambiguity, if there is any, by adding “overriding any provision in the Constitution not in consonance with the provisions of the Objective Resolution” in the end before full stop in Article 2-
Since its formulation and promulgation, the Constitution has thrice been subverted but the provisions of Article 6 have never been attracted, an encouragement for the aspirants in future. To block such easily accessible road the relevant provisions needs to be more elaborate leaving no chance to escape for the violators. Therefore Article 6(1) may be rewritten as ” Any person who abrogates or suspends or holds in abeyance or subverts or attempts or conspires to abrogate or suspend or hold in abeyance or subvert the Constitution or any of its Article or clause or paragraph by use of force or show of force or by other unconstitutional means shall be guilty of high treason”
The Powers of the President vis-
