Reasons Behind the delay in Constitution making process of Pakistan

 

Introduction:-

 Pakistan born on 14 August 1947, but unfortunately  from the beginning, Pakistan had been dealt on numerous issues and it took Pakistan for 26 years to have a unanimous constitution. The most important factors the country had been facing were, political issues, leadership vaccum, rule of dictators, weak democracy, and weak judiciary, these all factors have collectively kept Pakistan deprived of having constitution and the other biggest issue that Pakistan faced is fall of Dhaka. The fall of Dhaka initiated the war with in our own land. Thus each time the constitution was proposed and drafted. The tussle between East and west Pakistan of parity and provincial autonomy proved to be  a great hindrance in law making.

Political Issues:-

Since, the Pakistan came into being, it’s political system remained prone to weakness. Right after the death of Quaid, the country experienced the leadership vaccum in the politics of Pakistan. As we know, Quaid said in his every speech about Pakistan being federal state. But still, till 30 years, nobody was sure whether it should be the presidential state or federal one. Whenever any political party came into power (Millitary, civil),they had  changed constitution according to their personal interest. Hence, the constitution always presented to be as a “puppet”.

Example:-

The constitution of 1956, is the best example of it, when Ayub khan dismissed the constitution of 1956 and dissolved assemblies for the personal gain. This step challenged the credibility and sovereignty of constitution. It emphasis how, the interest of rulers always prioritised and constitution remained at back foot.

Leadership Vaccum and Coup d’e’tat:-

Ayub khan, who itself came in power illegally, he dismissed constitution but still, he assumed that, country is in danger by democratic government, as the civilian leaders have been accused with different allegation charges. Even he  included, Fatima Jinnah as a threat to the country. He had considered the civilian leaders as a traitors, corrupts, and killer. For Fatima Jinnah he said:

“She is an old lady, with no knowledge of  local language and politics of Pakistan”

In response, Fatima Jinnah answered him in her election compaign:

“I know the politics of Pakistan, And I am aware of the issues of their people, and I can also also feel their pain. You are an army servant, you can  never know the politics of Pakistan”

These blame shifting and tactics was the prevailing political issue that has contributed the major issue of causing delay in Constitution making process. And insisted the Pakistan to run the ‘so-called’ constitution of a dictator with the lable of ‘Basic democracy’, that had portrayed  the utopian-law. 

Election of 1965 and  Events:-

Criticism by  the opponent party is the beauty of democracy, but it should be out of personal attack. These critics  helps the government to abolish the weaknesses. The opponent’s criticism naturally supportsthe favourable decisions to be taken in favour of nation and country. Like: Recently, state passed  the bill of “Tahafuz-e-Bunyad-e-Islam” that was distressing the rights of minorities, and it had been passed in Pubjsb assembly. But, after a month, when human rights activists and opposition criticised it heavily, the government returned that bill and present that bill to pubjab government to look it again with the help of governor of punjab Servar Khan. As, we can see the constitution safe-guard the rights of citizens and it helps the government to stay in limits. 

 Now, there was a pressure for elections and people were demanding democracy.  Ayub khan also wanted to participate in elections but, he  didn’t realise, the constitution is necessary for the next elections, because in the absence of constitution no state can conduct their election process. Then, Ayub khan realised the fact, and took the help of his minister and made a constitution for election purpose.Hence, 1962 constitution came into being but Ayub khan forgot that, According to this constitution, He can not participate in 1956’s elections. Because, constitution had clearly showed, A person who is serving a nation as a government job, can not participate in elections. At that time, Ayub khan was a chief of army and he couldn’t not avail the chance of participation. And he didn’t realize it until opposition made critiques. 

When he saw this situation, he delayed the election for being eligible. As, his retirement was on a head and till that time, he delayed the election for his own eligibility. He then, participated and won elections but, people have started questioning about his credibility and that lead towards his decline especially the protest made in NWFP (KPK). In that protest hundred of people died and he got dismissed from parliament and another dictator Yahya khan came into force. And another  story of Pakistan’s wreck started with more pain and incidents, that Kept Pakistan without any strong constitution and democracy. 

1971 Era:-

Elections:-

The new elections took place in the era of 1971. The Awami National Party (ANP) won all the seats from East Pakistan and from west Pakistan People’s Party (PPP) became victorious. From here the issue begin that lead the tragic incident of “Fall of Dhaka”. 

The east Pakistan constitutes 54% population, while west Pakistan constitutes of 46% population of total. Democratically, the consensus were showing the favour of Sheikh Mujeeb-ur-Rehman to form a government but Bhutto was not in the favour to provide the rule to Sheikh Mujeeb, as he had secured the majority of seats in West Pakistan. It initiated the tug-of-war between two leading parties. None of them compromised in term of power. Then, Yahya khan gave decision in the favour of Pakistan people’s party. This upvoked the act of discrimination and there were many other reasons too but it short-termed and most powerful reason of East Pakistan’s  separation Hence, on 16 December 1971,east Pakistan got separated and emerged as an independent state on map with named Bangladesh. Another terrific incident and a piles of issues, that couldn’t let the Pakistan to get stable and focus on constitution formation. But this separation has revived the democracy in Pakistan and gave Pakistan with unanimous constitution. 

The Constitution of 1973

During the political compaign, Zulfiqar Ali Bhutto promised his nation, that he will provide a full-fledged constitution with in one year of his tenure. And yes, he fulfilled his promise and finally, with in 6 months, he gave to Pakistan his First complete and unanimous constitution, ‘The constitution of 1973’. This constitution initiated the journey of true democracy in Pakistan. The constitution have few short terms but with different ammendments, they’re getting minimise. And till now, 18 amendment has been made in Constitution. The last amendment the ‘18th amendment’ has made the Pakistan a true federation state.