Pakistan — dream of a constitutionalist Jinnah ?
UNDENIABLY, in the history of the subcontinent, no one could have established a distinction as a constitutionalist as Quaid-i-Azam Mohammad Ali Jinnah would have had it.
His whole life was harnessed in the struggle of freedom from the British yoke. It was this constitutional sagacity that provided the ideological frontiers of the new Islamic Republic of Pakistan.
In an unprecedented move on 07 April, the Supreme Court of Pakistan gave a landmark verdict —with regard to the Deputy Speaker’s ruling of 03 April — which is tantamount to proclaiming the truth that the constitution reigns supreme in Jinnah’s Pakistan, and thus, the Court restored the dignity and sanctity of the Constitution of Pakistan.
True, the Constitution of a nation is its lifeline. To pay fidelity to the constitutional norms, is the fundamental responsibility of every citizen of Pakistan — a man in the street to a man in the cabinet.
While addressing the first Constituent Assembly on 11 August 1947, Jinnah said,’’ The first and the foremost thing that I would like to emphasize is this: remember that you are now a sovereign legislative body and you have got all the powers.
It, therefore, places on you the gravest responsibility as to how you should take your decisions.
The first observation that I would like to make is this: You will no doubt agree with me that the first duty of a government is to maintain law and order, so that the life, property and religious beliefs of its subjects are fully protected by the State.
’’ Arguably enough, the constitutional history of the Pakistani state is frayed with daunted challenges.
Unfortunately, the doctrine of necessity dominated the legacy in our judicial history since the judgments discerned or delivered by our apex court regarding the constitutional crisis in some manner lacked objective and judicious perceptivity.
The current political-turned-constitutional crisis started on 08 March when Pakistan’s opposition parties (PDM) unanimously moved a no-confidence motion under article 95 of the Constitution— seeking the ouster of Prime Minister Imran Khan, accusing him of mismanaging the economy and poor governance in the toughest challenge he has faced since taking power in 2018.
On 28 March, the Speaker of the National Assembly called the session and the no confidence motion was tabled.
Subsequently, the Deputy Speaker instead of setting the point of order of the no-confidence resolution on 03 April, in a haphazard manner, rejected the no confidence resolution via a ruling on behalf of the Speaker and unjustifiably suspended the session (under Article 5) for an indefinite period.
Consequent upon the Deputy Speaker’s ruling the Prime Minister Imran Khan advised the President Arif Alvi to dissolve the National Assembly of Pakistan.
On 03 April, the CJP took a suo motu notice against the Speaker’s ruling. On 07 April, ‘’The five-judge panel of the top court, led by Chief Justice of Pakistan, Umar Ata Bandial, unanimously (5-0) declared as unconstitutional all the steps stemming from the Deputy Speaker’s ruling, which had outlawed the no-confidence vote as having been sponsored by a “foreign power.
” “In consequence of the foregoing, it is declared that the advice tendered by the Prime Minister on or about 03.04.2022 to the President to dissolve the Assembly was contrary to the Constitution and of no legal effect,” said the order.
The verdict also restored Imran Khan as the prime minister and his cabinet as well, ordering the session of the National Assembly to reconvene on Saturday (09 April) morning to reorganize the vote of no-confidence to determine the fate of the embattled Prime Minister.
‘The constitution requires that once a no-confidence motion has been moved voting be carried out after three days but no later than seven days. 03 April was the seventh day.
Voting had to be carried out on that day. The allowance in the Supreme Court order of April 7 that the agenda of 03 April be carried out no later than 09 April was already a concession. ’’
In the current context, Pakistan’s Apex Court decision to annul the ruling of the Deputy Speaker on 03 April clearly revived the sanctity and supremacy of the Constitution of 1973 in its letter and spirit.
The Court took five days to announce this heroic verdict. For consecutively five days, the Pakistani nation remained under great stress because of the legal uncertainty prevailing in the country.
Veritably, the constitutional crisis of a nation mars it in a situation of great legal, political and economic turmoil.
Had the court’s judge panel not shown an aplomb of constitutional enlightenment, Pakistan would have undergone to face the worst constitutional crisis of its history.
The world at large was observing the current situation in Pakistan, particularly our enemies were looking at our domestic situation with a feeling of cynicism.
At the same time, a many conspiracy theories were active in order to exacerbate the horrible state of confusion and tribulation.
But with the Court’s verdict all that attempts have failed. The constitutional supremacy has been accordingly restored.
This verdict has been unanimously supported by the five dignified judges of the Supreme Court of Pakistan.
After Court’s historic decision on 07 April — a triumph of the Constitution, the grave responsibilities are now marked on the shoulders of our Parliamentarians to move further in a swift manner without falling prey to political factions/feuds.
While a new (8th) interim Government has been formed on 11 April under the premiership of Mohammad Shehbaz Sharif, the moral responsibility now goes to the treasury benches to start the governmental business with an open mind.
In the process of democratic evolution, political crises come and go away. Since 2016, the UK has faced intermittent transfer of governments.
This is the real test of democracy. Though it has been a sad reality that in Pakistan’s democratic history of 75 years, no prime minister completed the full official term.
And it is the first time that a no confidence movement has been successful against the prime minister on 09-10 April.
This is the need of the hour that the Pakistani nation should show unity in its ranks and files, all the political parties, the governmental functionaries, all the state institutions and governmental organisations must work in harmony in order to cope with the eyeing challenges.
It is the time to demonstrate a collective will that Pakistan must be united to fight against the evils of ethnic diversities, nepotism, corruption and jobbery — a dream that our founding fathers had visualized while creating this state of Pakistan.
The ideological tapestry of Jinnah’s Pakistan was fundamentally based on a liberal, constitutional and democratic state.
—The writer, an independent ‘IR’ researcher-cum-international law analyst based in Pakistan, is member of European Consortium for Political Research Standing Group on IR, Critical Peace & Conflict Studies, also a member of Washington Foreign Law Society and European Society of International Law.
