Rethinking Pakistan’s 1973 Constitution: A Threat To Unity – OpEd

The Constitution of 1973 was conceived as a symbol of optimism for Pakistan, with the objective of guaranteeing the fulfillment of every citizen's needs and ensuring the impeccable governance of the state. Nevertheless, over the years, what was designed to be a resilient framework for governance has, regrettably, established a foundation for the infringement of citizens' rights and ensuing political turmoil.

Pakistan continues to be ensnared in a difficulty from which it has found it exceedingly challenging to extricate itself. Should one endeavour to identify the deficiencies, it would be hard to discover a starting point. Nonetheless, several of the most pivotal concerns that have undermined the state's foundation encompass the Senate’s impotence, the problematic integration of the legislative and executive branches, and the persistent ambiguity regarding whether Pakistan constitutes a theocratic or secular state.

A prominent concern regarding the 1973 Constitution is the Senate's lack of authority. In a heterogeneous nation such as Pakistan, the Senate ought to function as a vital institution that safeguards minority rights and mitigates feelings of “us versus them.” Regrettably, the Senate of Pakistan is incapacitated. The indirect election of its members results in the Senate failing to genuinely reflect the popular will. Instead, the political consensus among these members frequently serves the interests of a select few rather than the broader electorate. This situation has significant ramifications, especially when agreements established with other nations are not ratified by the Senate, thereby effectively muting minority voices within their own territories.

Compounding this issue, the practice of joint sittings in Parliament constitutes an obvious transgression of the rights of smaller factions, thereby exacerbating the dynamics of “in-groups and out-groups.” This political disarray is further exacerbated by the executive’s disregard for Senate ratification in critical organizational appointments, culminating in bias and controversy, exemplified by the recent contention surrounding the PML (N)’s rejection of Justice Umar Ata Bandial’s adjudication.

Further complicating the situation is the amalgamation of the legislative and executive branches, which has derailed Pakistan’s political framework. Despite being a multiethnic state, Pakistan has adopted a parliamentary system of governance that is inadequately suited for such diversity. The "Contempt of Parliament Bill 2023" and modifications to the National Accountability Bureau’s (NAB) powers serve as salient examples of legislation aimed at consolidating control. This centralization of power within a singular political party also diminishes patriotism among minorities, who increasingly perceive themselves as marginalized from the political arena.

Another crucial concern arising from the 1973 Constitution is the ambiguity regarding Pakistan's classification as either a theocratic or a secular state. This ambiguity has engendered extensive repercussions, particularly in the process of selecting members for the Islamic Advisory Council. The appointment of these members is executed by the President upon the counsel of both the Prime Minister and the Leader of the Opposition. The representation of all sectarian factions within this council is not guaranteed, resulting in the marginalization of specific communities. This situation exerts a considerable impact on the legislative process, effectively denying certain groups their religious or civil rights.

The 1973 Constitution, transcending its mere status as a document, was intended to serve as the bedrock upon which the state of Pakistan could thrive and prosper. However, a fragile foundation is inherently incapable of sustaining itself over time. As time progresses, it becomes increasingly imperative for Pakistan to confront the deficiencies inherent in its Constitution. The Senate must be endowed with the authority to authentically reflect the populace's will, the merger of the legislative and executive branches necessitates re-evaluation, and the ambiguity surrounding Pakistan's identity as either a theocratic or secular state must be elucidated. Only through these measures can Pakistan aspire to extricate itself from its current predicament and advance towards a more stable and prosperous future.

References

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