essay on constitution of pakistan

Pakistan’s political and constitutional crisis

Subscribe to the center for middle east policy newsletter, madiha afzal , madiha afzal fellow - foreign policy , center for middle east policy , strobe talbott center for security, strategy, and technology @madihaafzal fahd husain , and fahd husain columnist and political commentator - dawn @fahdhusain michael e. o’hanlon michael e. o’hanlon director of research - foreign policy , director - strobe talbott center for security, strategy, and technology , co-director - africa security initiative , senior fellow - foreign policy , strobe talbott center for security, strategy, and technology , philip h. knight chair in defense and strategy @michaeleohanlon.

April 8, 2022

On April 8, Brookings Fellow Madiha Afzal and Fahd Husain, columnist and political commentator for Pakistan’s Dawn newspaper, discussed the implications and future of Pakistan’s government following the Supreme Court decision to allow a vote of no confidence to proceed against Prime Minister Imran Khan. The conversation was moderated by Brookings Senior Fellow Michael O’Hanlon.

I think there still is a lot of work to be done in order to solidify Pakistan’s democracy. But at this moment one can say yes, the constitution has been prevailing in its letter. Pakistan’s civilian governments always spend their time in power with this threat of political instability, with the opposition being out to oust them… they spend their time in power … putting out political fires, if you will, rather than engaging in governance … reform and meaningful institutional change that the country so desperately needs.

Yesterday was a very a big and a very significant day in terms of the Supreme Court judgment because before that, frankly, there was a fall of depression because of the blatant way that the government of Prime Minister Imran Khan violated the constitution. It was seen as a brazen attempt to bypass the basic requirements of the constitution… The last couple of days there was a lot of confusion, ambiguity, and fear that we [Pakistan] were sliding into a very dangerous fail in our politics. But yesterday’s decision not only turned this confusion into clarity, but it also made it clear that any deviation from the constitution was not permitted.

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The Constitution of Pakistan Issues: Challenges and Options

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Journal of Legal Studies and Research

Pakistan has faced multiple problems in its early days regarding framing of constitution. Due to death of Qaid-e-Azam, Liaqat Ali Khan’s assassination, abrogation of first constituent assembly, legal interpretation of powers of Governor General. Then imposition of martial laws and instability of elected governments due to army intervention time and again, till 2009, when supreme court has declared every act abrogating the constitution as illegal and unlawful and also nipped the evil in bud by stopping the gateway to martial law in its land mark judgments. These steps are discussed in this writing to highlight the core issue of instability of the Constitution in Pakistan.

ghulam mustafa gaho

Ever since the establishment of Pakistan in 1947, it faced multiple challenges, the framing of the future constitution of Pakistan was the biggest of them. The India act of 1935 with certain modifications became the interim constitution and the country was continuously ruled till 1956 constitution of Pakistan. This research paper highlights the problems from inadequate administrative system, extreme refugee problems, lack of financial resources, insufficient means of communication and transportation, ethnolinguistic problems, lack of trained leadership and the missing of national consensus were major issues which the newly established independent sovereign state of Pakistan faced as its early problems.

Dr. Malik Imtiaz Ahmad

The Constitutional History of Pakistan is a riveting narrative that spans from the country's inception in 1947 to the present day. Shaped by visionary leaders and marred by intermittent military interventions, Pakistan's constitutional journey reflects a constant struggle to balance democracy, governance, and societal values. The initial constitutional framework, influenced by the Government of India Act, of 1935, set the stage for subsequent developments. From the milestone of the first constitution in 1956 to the tumultuous eras of Ayub Khan, Zulfikar Ali Bhutto, and military rule, each phase left an indelible mark. The 1973 Constitution marked a return to parliamentary democracy, yet challenges persisted, including periods of constitutional suspension and the influence of Zia-ul-Haq's Islamization policies.

RMC Journal of Social Sciences and Humanities

Fayyaz Ahmad

The paper attempts to study constitutional development in Pakistan in relation to the political instability or stability of the country. Analysis of the secondary data qualitatively revealed that the country suffered much due to political instability which was a result of the non-development and non-availability of the constitution. As the constitution provides a set of rules for people of a state who agree to live together and it is the basic set of principles through which a state is governed, the newly established state of Pakistan initially adopted the 1935 India Act to run the affairs. The process to frame a fresh constitution started after the transitory of Objectives Resolution in 1949 while Islamic and democratic values were considered as foundations to formulate a constitution for Pakistan. Three constitutions in 1956, 1962, and 1973 were framed in order to maintain political stability and to govern the state. Pakistan in its 72 years of age was governed by 49 Heads of Stat...

Pakistan Perspectives

ABSTRACT In a recent publication South Asian constitutionalism has been aptly described as ‘unstable constitutionalism’ wherein wide disagreements on a single institutional design often lead to “recurring tensions that lie at the intersection of law and politics”. These disagreements seem to be more conspicuous in Pakistan with a wide variety of opinions but little interest regarding the constitutional matters. While Article 5(2) of the Constitution clearly establishes the compulsory obedience to the Constitution and law as ‘inviolable obligation of every citizen’, instances of indifference towards the sanctity of the Constitution abound. Hence constitutionalism in its own right has been reduced to a subject of occasional judicial reviews. A large part of the recent South Asian literature seems to be rather focused on comparative constitutional studies which seldom tend to imply the theoretical issues pertinent to the developing world whereas our legislators often seem to be preoccupied with day-to-day matters rather than theoretical underpinnings of the constitutional issues. Hence the solemn parliamentary debates that shaped the democratic discourse in the west are almost absent in our legislatures. In this context this paper aims at a theoretical overview of the major tenets of classical constitutionalism with an attempt to finding their implementation in Pakistan’s constitutional issues. It also seeks to trace the extent and consequences of ‘instability’ in Pakistani constitutionalism. The paper is organized in two main sections: the first overviews the theoretical aspects of the idea of constitutionalism and its major tenets as developed over the last two centuries. The second explores the relevance of those classical concepts of constitutionalism in the political setup of Pakistan highlighting the issues and hurdles in the way. The paper depends on the existing literature on constitutionalism with particular reference to Pakistan along with interviews and discussions with relevant persons in Pakistan. Keywords: Constitutionalism, Constitution, Rule of Law, Sovereignty, Entrenchment, Executive, Legislative and Judiciary, Limited Government

CONSTITUTIONAL DEVELOPMENT OF PAKISTAN

Fatima Masood

Pakistan's constitution has experienced a thorough evolution in her short history. This paper explores this constitutional development thoroughly through the pre- and post- independence years. The clashes of various interest groups in a diverse society packed in a small piece of land, this journey explores how a third-world society may go through political exploitation and lead onto better democratic values.

Journal of Law, Religion and State

Yaqoob K Bangash

The constitution of a country is the supreme national institution, and its provisions significantly affect the development of politics and society. The process of constitution making is key for understanding the constitution, and an assessment of the process makes possible a better and deeper understanding of the workings of the country, its politics, economy, and polity. The discussion of Islamic constitutionalism has recently gained momentum, especially in the wake of a reorganization of the Middle East and the Arab Spring. This paper focuses on the development of the first "Islamic" constitution , that of Pakistan, and analyzes the issues and problems it faced. It focuses on the issue of sovereignty, a concept underlying modern democracy, and uses the debates of the Constituent Assembly of Pakistan during the critical debate on the Objectives Resolution, in March 1949. The experience of Pakistan is seminal, as we historically understand and currently assess the issues of Islam, democracy, and the modern nation state.

Muslim World

Hidayat Ur Rehman

Dr Arshad Javed Rizvi

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Freedom of Speech and Media in Pakistan.

• July 21, 2023

Introduction Freedom of speech and an independent media are crucial components of a thriving democracy. In Pakistan, the state of freedom of speech and media has been a subject of debate and analysis. This article aims to assess the current state of freedom of speech and media in Pakistan, analyze recent legal developments, shed light on the challenges faced by journalists, explore the role of social media platforms, and discuss the impact of the legal fraternity in upholding these fundamental rights. The State of Freedom of Speech The guarantee of freedom of speech is enshrined in the Constitution of Pakistan, yet its practical implementation faces various challenges. In recent years, the country has witnessed both progress and setbacks in protecting this fundamental right. Recent Legal Developments Pakistan has witnessed several legal developments aimed at safeguarding freedom of speech. The 18th Amendment to the Constitution in 2010 brought significant changes, strengthening fundamental rights and removing restrictions on media content. However, despite these advancements, certain laws and regulations continue to pose challenges. The Prevention of Electronic Crimes Act (PECA) of 2016 has been a subject of criticism, as it has the potential to curtail freedom of expression and dissent online. Challenges Faced by Journalists Journalists in Pakistan encounter numerous challenges when exercising their freedom of speech. They often face physical attacks, intimidation, harassment, and even targeted killings, which create an atmosphere of fear and self-censorship. Journalists investigating sensitive topics, such as human rights abuses, corruption, or religious extremism, are particularly vulnerable. Furthermore, media outlets frequently face pressure from influential interest groups, resulting in editorial interference and biased reporting. Economic constraints, such as low wages and job insecurity, further exacerbate the challenges faced by journalists. Role of Social Media Platforms Social media platforms have emerged as powerful tools for freedom of speech and the dissemination of information in Pakistan. Platforms such as Facebook, Twitter, and YouTube provide individuals with a platform to express their opinions, share news, and hold public figures accountable. However, social media platforms also face scrutiny and regulation. The government has introduced regulations to address issues such as hate speech, cyberbullying, and misinformation. While these regulations aim to maintain order and protect citizens, concerns arise regarding potential misuse that could curtail freedom of speech. The Role of the Legal Fraternity The legal fraternity plays a vital role in upholding freedom of speech and media in Pakistan. Lawyers and legal professionals actively engage in defending journalists, media outlets, and individuals whose freedom of speech rights have been violated. They provide legal counsel, file petitions, and advocate for the protection of fundamental rights. Additionally, the legal fraternity contributes to the interpretation and development of laws that impact freedom of speech and media. They engage in legal activism, participate in public interest litigation, and advocate for legislative reforms that enhance freedom of speech protections. Conclusion The state of freedom of speech and media in Pakistan is a dynamic and evolving landscape. While there have been positive legal developments, challenges faced by journalists persist, including physical threats, censorship, and economic constraints. Social media platforms have empowered individuals to express themselves, but they also face regulatory challenges. To safeguard freedom of speech and a free press, it is crucial for the government to ensure the safety of journalists, promote transparency and accountability, and strike a balance between regulating social media and upholding fundamental rights. It is through a collective effort that Pakistan can strengthen its commitment to freedom of speech, foster a robust media environment, and bolster democratic values in the nation.

Muhammad Zain ul Abideen Attari

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