Aaeen Saazi

It seems Aaeen Saazi (Constitution Making) is an unending struggle in the land of the pure. Perhaps the only democratic country in the world that was forced to formulate four constitutions.

The unanimously agreed 1956 version was abrogated in 1958 and replaced with the 1962 contraption built around the first usurper. It lasted for about seven years but was trashed by his successor who took control of the country in March 1969.

In the year 1970 a constituent assembly was elected through a free and fair ballot. Jinnah’s Pakistan was dismembered before the very first session of the newly-elected house was scheduled to take place in Dacca (now Dhaka). While Sheikh Mujib emerged as Bangla Bandhu (Father of Bangladesh), Zulfiqar Ali Bhutto (ZAB) came into power of what was left behind.

Constitution making (Aaeen Saazi) was the first order of business. To end the Martial Law, it was decided to immediately formulate an interim constitution in 1972.

ZAB took oath of office as President. Serious work started on formulating a permanent version acceptable to all the members. There were many ups and downs, serious disagreements emerged but as the house consisted of genuinely elected representatives the effort continued unabated. Everyone was focussed and serious.

The year was 1973, in those days students were actively involved in politics. A rumour started to circulate in the Punjab University that ZAB was coming to meet the Chief of Jamaat-e-Islami Maulana Abul Aala Maudodi at his Ichara office/residence.

The purpose of the visit was to seek consensus on the constitution. Students both from the left and right political leanings rushed to Zaildar Park where the meeting was taking place. But before we could reach there ZAB had left after getting the nod of the Maulana.

The document was passed by the duly elected constituent assembly on April 12, 1973, to be promulgated on August 14.

The vote was almost unanimous. Finally, Pakistan was declared a constitutional democracy. While the USA constitution passed in 1787 is hailed as the Miracle of Philadelphia, ours has been repeatedly trampled and disfigured mostly by unelected transgressors.

Currently, there is an ongoing attempt to change 54 articles (About 20%) of the Miracle of Islamabad by a most disputed legislature of all times which faces a powerful and unified opposition.

In 1973, consensus was achieved while in the year 2024 amendments are being thrust upon the people. A constitution is an agreement between the rulers and the ruled and between the federating units which must be revered and respected by everyone. Disdain is always deadly for the nation.

The constitution has suffered over 25 amendments: only ten by the house rest by Presidential decrees. After over half a century of its promulgation, unfortunately several supra-constitutional bodies continue to defy its articles and spirit.

Human rights clauses remain dormant. Even Right to Literacy (Article 25 A) has not been implemented and even universal primary enrolment has not been achieved despite orders of the court.

More than 80% civil litigation emanates from bureaucratic abuse, which is easily correctable.

In the 1972 interim version, ‘Administrative Accountability ‘ courts were to be established (Article 216) for effective on the spot accountability of the bureaucracy.

In the 1973 document it was included as Article 212, which was toned down to exclude taxation matters. Finally, in July 1979, the entire clause was removed by a usurper to be replaced by Judicial Accountability, which is slow and unending.

Instead of setting up ‘Constitutional Courts’, a Pareto Analysis can be carried out to determine the ratio of maximum number of cases pending with the judiciary, which can then be transferred to the appropriate forum, which in my opinion will be ‘Administrative Accountability Courts’.

Executive abuse can be best contained by the executive as it used to be in the formative years of Pakistan when officers provided relief to the public.

Complaints were taken seriously and resolved on the spot by the seniors but not anymore. Soon after independence the Quaid-e-Azam addressed the officers of the Army Staff College in Quetta, telling them about civilian supremacy in policy formulation. He urged the bureaucrats to serve the people as their servants.

By mid-eighties most of them retired leaving behind an un-altered colonial system that continues to be intimidating and exploitative. Even the age-old diary system when letters were received and acknowledged has been discontinued in most government departments leaving behind only the legal course for redressal of grievances.

Instead of restoring the original 1973 document, it is being disfigured to suit the vested quarters. Senate the upper house is incomplete as representation from KP is pending. It is widely believed that mystery is mischief. Constitutional amendments must be deliberated and discussed. Like the Miracle of Philadelphia of 1787, only the Beacon of Democracy of 1973 can steer the Islamic Republic of Pakistan towards stability and growth. Instead of a ‘Constitutional Court’ an ‘Administrative Accountability Court’ can provide immediate relief to the public by containing the rampant executive abuse.

Copyright Business Recorder, 2024