ISLAMABAD: The federal government told the Supreme Court on Monday that the 1973 Constitution was an ‘uneasy marriage between socialism and Islam’ which could never be successful.
A 17-judge bench headed by Chief Justice Pakistan Nasirul Mulk, hearing the constitutional amendment case was told by the counsel for the federal government, Khalid Anwar, that Pakistan Peoples Party was the founder of the 1973 Constitution and the party won a majority on the basis of socialism, not religion, especially with the roti, kapra, makan slogan gaining currency.
The court was told that Article 2 of the Constitution mentions Islam while Article 3 stated the elimination of exploitation, which was copied from Article 12 of the Soviet Union’s 1936 constitution.
Monday’s hearing was an interesting exchange on political philosophy and Pakistan’s history. When Anwar referred to the sociological philosophies of Karl Marx, Justice Azmat Saeed Sheikh pointed out that he should also mention Quaid-e-Azam’s speeches. Moreover, while talking about a letter written by Allama Iqbal, Justice Ejaz Afzal Khan said that egalitarianism is also a part of Islam.
On military courts, Anwar questioned if military courts could be established in the US despite the US Supreme Courts having immense power, then why could they not be established in Pakistan, whereby the apex court takes power from the Constitution.