Daily Archives: November 14, 2011

Fatheyab Ali Khan: The Constitutional Anomalies

There is a consensus in the country that the army should have no role in politics and that the military high command should be under the control of the highest political leadership. And there are no two opinions about the fact that there should be democracy in the country. However, there are different opinions about the kind of democratic setup that we should have and the manner in which the setup should operate. But there is no difference of opinion that the people should have the right to elect their government in a fair and transparent manner.

A constitution is the fundamental law of the land, and the basic framework for governance. The statutes must conform to the superior norms contained in the constitution. Pakistan’s rulers have not only amended the constitution but have hoodwinked the people by introducing far-reaching changes in the statutes such as the Political Parties Act, the Representation of People’s Act and Qanoon-i-Shahadat, thereby altering the superior law of the constitution itself.

After the departure of Nawaz Sharif and suspension of the Constitution by General Musharraf, political parties in the opposition have been demanding restoration of the constitutional structure existing prior to October 12, 1999. At the same time, they have been describing it as the unanimous Constitution of 1973. These parties should tell the people in clear words which constitution they want to be restored, because before October 12, 1999, it was not the unanimous Constitution of 1973 but Ziaul Haq’s constitution which was in force. Compare the two documents — the unanimously adopted Constitution of 1973 and the constitution as it stood in 1985 — and the extent to which Ziaul Haq had mutilated the 1973 Constitution becomes clearly evident. Continue reading

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Filed under Constitution 1973, Discussion, Fatehyab, MRD, PIIA