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True democracy in Pakistan needs the 1973 Constitution to be followed

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True democracy in Pakistan needs the 1973 Constitution to be followed
Global Village Space |


Dr. Farid A. Malik |

On April 10, 1973, an agreement was reached on the permanent Constitution of the Islamic Republic of Pakistan. Zulfiqar Ali Bhutto (ZAB) was the chief architect of this sacred document whose main features were: democratic, parliamentary, and federal (DPF). Despite the onslaughts and intrigues, this article has survived for 45 years. Dictators, usurpers, and their rogues have all done their best to manipulate this agreement between the rulers and the ruled.

When it comes to Constitution making, Pakistan has a very checkered history, mainly because of Establishment incursion in the democratic process.

The seventies were a tumultuous time for Pakistan. The first free and fair elections were held in 1970. Results shocked the establishment. Instead of a divided house, two major parties emerged. Awami League bagged 160 out of 162 East Pakistan National Assembly seats while Peoples Party won 81 out of 138 West Pakistan Constituencies. When the people’s mandate was overruled, a civil war started in the Eastern Wing and Quaid’s Pakistan was dismembered. The 1962 Constitution had been abrogated and the country was being run under a martial law ‘Legal Framework Order’ (LFO). ZAB assumed the power of what was left of the country, first as Martial Administrator under the LFO and then President after the promulgation of the 1972 interim Constitution.

Read more: Pakistan’s series of missteps which has left us in our current pathetic state

When it comes to Constitution making, Pakistan has a very checkered history, mainly because of Establishment incursion in the democratic process. The first version was prepared in 1956, nine years after independence. Before its complete implementation, it was abrogated in 1958, followed by a martial law. Then the second document was imposed in 1962 by the dictator. It introduced sham democracy run by the thana (Police Station).

The fall of the dictator paved the way for democracy and elections were held in 1970 on the basis of one man one vote. Will of the people prevailed and they were back in the system.

In 1967, ZAB revolted against the dictator. East Pakistan never accepted the Khaki rule. Suharwardy’s Awami League was now under the leadership of an ordinary worker Mujib-ur-Rehman, who wanted complete autonomy under a confederal arrangement. The fall of the dictator paved the way for democracy and elections were held in 1970 on the basis of one man one vote. Will of the people prevailed and they were back in the system.

In 1972, Yahya’s martial law was lifted to be replaced by an interim constitution. ZAB was elected President by the house. He initiated work on a permanent document. As the establishment was beaten and bruised, the comrades like Mahmood Ali Kasuri and Hafiz Pirzada had a free hand. After persistent efforts, the document was ready. ZAB sought complete consensus. The right wing parties were not comfortable with some of the clauses and there was a deadlock.

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True democracy in Pakistan needs the 1973 Constitution to be followed
 
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The present law is too heavy and hard and difficult to follow for a normal average Pakistani
The courts and parliment should be shut down untill a simplier version is developed

Presently it takes 4-10 years for any case to reach reasonable conclusion and that is some what pathetic or horrible.

The Army of judges and lawyers we have are not capable to solve any court case by reasonable logic and within a short time frame.

Murder case -> Bail granted -> Airline ticket bought and out of country
Theft case -> Bail graneted -> Airline ticket bought and out of country
Corruption case -> Bail granted -> Airline ticket bought and out of country
Property case -> Bail granted -> Airline ticket bought and out of country
Bank Loan case - > Bail granted-> Airline ticket bought and out of country
 
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My Opinion:

Pakistan doesn't needs the 1973 Constitution.

She needs a new Constitution.
 
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Pakistan doesn't "need" anything it needs to get rid of corrupt Pakistanis.
 
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