Written by Shah Nawaz
Since its adoption in 1973, Pakistan’s Constitution has been hailed as a comprehensive framework designed to uphold democracy, protect fundamental rights, and ensure the rule of law. However, over the decades, our state has often stumbled, raising critical questions about the effectiveness and implementation of this revered document. Why have we, despite having a robust constitution, failed to become a thriving state? Why is our constitution treated like a disposable tissue paper by those in power?
The 1973 Constitution of Pakistan was crafted to be a cornerstone of democracy and justice. It promises basic rights to all citizens, including equality before the law, freedom of speech, and protection of life and property. These provisions are fundamental to any thriving society, fostering a sense of security and belonging among the populace. The constitution also outlines the separation of powers among the executive, legislative, and judicial branches, intending to create a system of checks and balances essential for a functional democracy.
Yet, despite these lofty ideals, the reality on the ground paints a starkly different picture. Institutions are often in disarray, governance is frequently marred by corruption, and the rule of law seems more like a suggestion than a mandate. This raises the fundamental question: If our constitution is so comprehensive and well-crafted, why have we failed to uphold its principles?
One of the most glaring issues is the selective application of the constitution. For the common citizen, the constitution often appears as an abstract concept, devoid of real impact. Conversely, those in power frequently manipulate it to serve their interests, treating it like a disposable tool rather than the supreme law of the land. This selective implementation erodes public trust and undermines the very foundation of our legal system.
When influential figures use the constitution to legitimize their power while ignoring its constraints, the rule of law becomes a farce. For instance, military coups, despite being unconstitutional, have been justified through legal loopholes or emergency declarations. Political leaders have often amended the constitution to consolidate power, diluting its sanctity and effectiveness. Such actions set dangerous precedents, leading to a governance culture where the constitution’s authority is continuously undermined.
Our institutions play a pivotal role in upholding the constitution. However, they are often plagued by inefficiency, corruption, and a lack of accountability. The judiciary, tasked with interpreting the constitution and ensuring justice, sometimes falls short due to political pressure and internal corruption. The executive, responsible for implementing laws, often engages in power struggles, sidelining constitutional mandates. The legislative body, meant to represent the people and create laws, frequently succumbs to partisan interests rather than upholding constitutional values.
To address these issues, we must ask ourselves: Why are our institutions failing to uphold the constitution? Is it a lack of resources, political will, or something more systemic? Understanding these root causes is essential for devising effective reforms.
The youth, representing a significant portion of our population, hold the potential to bring about substantial change. They are more connected, aware, and willing to challenge the status quo. However, for the youth to play a transformative role, they need to be educated about their constitutional rights and responsibilities. Civic education should be an integral part of our educational curriculum, empowering young people to understand and advocate for their rights.
Moreover, the youth can leverage technology and social media to hold leaders accountable, mobilize public opinion, and demand transparency. By fostering a culture of active citizenship, the youth can ensure that the constitution is not just a document but a lived reality for all Pakistanis.
To achieve a functional and thriving state, we must reimagine our relationship with the constitution. This involves a multi-faceted approach: ensuring that institutions are independent, well-resourced, and accountable is crucial. Judicial reforms, anti-corruption measures, and capacity building within the executive and legislative branches are essential steps. A well-informed citizenry is the backbone of any democracy. Integrating civic education into school curriculums and promoting public awareness campaigns about constitutional rights can empower citizens to demand their rights and hold leaders accountable. Political leaders must exhibit the will to adhere to constitutional mandates. This involves promoting transparency, reducing corruption, and ensuring that any deviations from the constitution are met with swift and effective accountability measures. Leveraging technology to promote transparency, streamline government processes, and facilitate citizen engagement can significantly enhance constitutional adherence. E-governance initiatives and digital platforms for public participation can bridge the gap between the government and the governed. Civil society organizations and grassroots movements play a critical role in advocating for constitutional rights. Supporting these organizations and fostering a culture of civic engagement can amplify the voices of marginalized communities and ensure that the constitution protects all citizens equally.
If we continue to ignore the constitution’s mandates and treat it as a mere formality, we risk perpetuating a cycle of instability, corruption, and underdevelopment. A constitution that is not implemented fairly and equally for all citizens fails to fulfill its purpose. For Pakistan to develop and prosper, we must ensure that our constitution is upheld with the same reverence and seriousness across all levels of society.
In conclusion, the 1973 Constitution of Pakistan holds the promise of a just, democratic, and prosperous nation. However, realizing this promise requires a collective effort to strengthen our institutions, educate our citizens, and foster a culture of accountability and transparency. The youth, as the torchbearers of the future, have a critical role to play in this constitutional reawakening. Only by treating our constitution with the respect and seriousness it deserves can we hope to transform our state from a failed one to a thriving democracy.
