Pakistan

The will of the people & the Constitution

Editorial June 03, 2010

A member of the 17-judge full court hearing petitions challenging the 18th Amendment said on June 2 that the will of the people was above the Constitution and that upholding and protecting that will was the ultimate objective of every organ and functionary of the state.

Quite clearly, the ultimate objective of every organ and functionary of the state, the judiciary included, should indeed be to uphold and protect that will. However, with the utmost of respect, may we say that the Constitution of Pakistan is precisely the embodiment of the will of the people of Pakistan, especially given the manner in which the 1973 Constitution was drawn up and formulated. After becoming president in 1971, Zulfikar Ali Bhutto appointed a 25-member committee comprising members of parliament to draw up a draft of a new constitution for the nation, still reeling from the catastrophe of 1971. On Oct 20, 1972, the draft bill for a new constitution was signed by leaders of all the parliamentary groups. This bill was introduced in the National Assembly on Feb 2, 1973 and on April 19, 1973, it was passed unanimously. The 1973 Constitution, which exists today — in somewhat changed form because of various amendments — came into effect on August 14 of that year.

Further to this, the passage of the 18th amendment was done in a manner that was in accordance with the Constitution, as in it was passed by the required two-thirds majority. In fact, it would be fair to say that this is the only way that the Constitution can be amended – as in by such a majority in parliament – precisely because it represents and embodies the will of the people of Pakistan. Were the present constitution drafted and decreed by, say, a military dictator, or were it mangled and mutilated by one like what General Ziaul Haq during his time with the insertion of the Eighth Amendment, whose purpose was more to shore up his otherwise sham Islamisation claims, it would be fair to say that it did not reflect the will of the people.

Published in the Express Tribune, June 4^th, 2010.

COMMENTS (6)

Arif Belgaumi | 14 years ago | Reply Well said. It is high time that different institutions stop assuming the mantle of upholding the will of the people.

Raza Rumi | 14 years ago | Reply This is a bold and incisive editorial line. Congrats to ET for setting a healthy trend. We have been victims of self-censorship for too long. About time, such trends are changed.

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Aziz Akhmad | 14 years ago | Reply Well said. I am surprised what is so obvious even to a layperson should elude a judge of the Supreme Court --- that the will of the people is always determined by by politicians, through votes, and is expressed in the form of constitution, laws, acts of parliament etc. And why such remarks when judges have ample opportunity to write their opinions and dissents when the case concludes?

Hisham Mazhar Qureshi | 14 years ago | Reply It is good but it is a need of time that we must re-architect our country's power structure such that every institution must recognize its limit and boundaries. This will help them to stay away from taking collision course. Our culture is personality-driven, we love to follow certain political figures without questioning their capabilities to achieve their party goals which they keep full mouthed as a party slogan. We do not even bother to read and understand the party manifesto before voting the party nominated candidate. When the elected member does not fulfill the promises during his/her election campaign we become disgruntled and demotivated and begin casting doubt in their veracity of claims. With this mindset and cultural norm, nothing seems changing not even for public good. We need to foster the system-driven culture that would be based on the concept of welfare and philanthropy. This will be the embodiment of public will. We should refrain from any comments which create or widen the divide among institution for the sake of national interest and democracy to prevail in letter and spirit.

farah zia | 14 years ago | Reply It's a timely reminder to the judges hearing the case but going by the mood of the court, I don't think anyone is willing to lend an ear. Cyril's column today is insightful

fasi zaka | 14 years ago | Reply Brilliant

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