SC ponders over whether Pakistan can be declared a secular state

Chief Justice Nasirul Mulk questions whether such a process could be carried out through a constituent assembly


Hasnaat Mailk May 04, 2015
PHOTO: AFP/FILE

ISLAMABAD: Supreme Court judges on Monday debated the mechanism that would be needed to declare Pakistan a secular state.

Hearing constitutional petitions against the 18th and 21st Constitutional Amendments, a 17-judge bench headed by Chief Justice Nasirul Mulk questioned how the country would go about declaring itself a secular state if there is a popular demand for change.

The chief justice questioned whether such a process could be carried out through a constituent assembly. "How can the constituent assembly be formed at present stage?”

"If a political party whose manifesto supported such a declaration comes to power, how does that party plan on making the country secular?" Justice Mian Saqib Nisar questioned.

Proposing a solution, Hamid Khan, counsel for different bar associations suggested that it could be carried out through a referendum.

Justice Asif Saeed Khosa also questioned whether parliament had the power to pass an amendment to the Constitution which would declare the country secular.

Taking a page out of history, Justice Khosa said the country was created in the name of Islam in 1947 and later reaffirmed its commitment to being an Islamic state in 1949 with the Objectives Resolution, which was also supported by East Pakistan. However, Khosa pointed out how East Pakistan (now Bangladesh) went on to declare their country a secular state after partition. Later, Bangladesh attempted to declare the country an Islamic state through a constitutional amendments, but the Bangladesh Supreme Court annulled the amendment.

Citing the example of Turkey, Justice Khosa added people and their ideologies change with the passage of time. However, Jutsice Khawaja believed changes in Bangladesh and Turkey were rooted in revolution.

COMMENTS (44)

No_One | 8 years ago | Reply Pakistan and India was divided by the British rule Muslims ruled India before and if Hindus and Muslims stayed together they would have taken on the British. Divide and concur. Past is past, what they did they did. We want a peaceful country where the law is same for everyone; the majority and minority. The terror spread by illiterate mullahs would be controlled, innocent won't be killed in the name of religion. What we do today will help our children, they will have a safer, peaceful country. Every religion progresses if we don't we might as well turn into a horrible place like Saudi Arabia that brings in new horrible laws not even in the shariat. The illiterate mullahs are the one feeding hatred for other religions corrupting the minds of majority poor illiterate people who then do as they please and kill/burn Christians or other minorities in the name of religion. These people need to be answerable. With secular state Muslim majority (poor and illiterate) can't do whatever they want and call it JAIZ. This place needs to be safe for our children, a place where there is freedom of speech and tolerance. It would bring order if not instantly but gradually. Religion needs to be kept private and needs to stay at home. Our parents teach us religion, they tell us what's right and wrong and if you choose to do wrong I'm sure you'll answer to God and be judged by him, not by humans. Move forward learn from mistakes. Aye to secular!
josh... | 8 years ago | Reply @Asfandyar: “You are free; you are free to go to your temples. You are free to go to your mosques or to any other places of worship in this State of Pakistan. You may belong to any religion, caste or creed—that has nothing to do with the business of the State.” ― Muhammad Ali Jinnah
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