AFTER the sincere and honest efforts of the ruling coalition, Parliament legislated the 26th Amendment. And now the 27th constitutional amendment is on the cards. The 26th Constitution Amendment has been challenged in the Supreme Court of Pakistan in view of constitutional rights of the judiciary. Ardent supporters of democracy in Pakistan would definitely have loved this move if the 26th constitutional amendment had been challenged from the perspective of the constitutional rights of the people of Pakistan. Pakistan’s democracy is a bicameral legislature system. Under the 1973 constitution, Pakistan adopted a bicameral legislature system, which comprises two houses, the Senate and the National Assembly. In Pakistan’s bicameral legislature system, for any amendment in the constitution, each house has to pass the bill with a two-thirds majority of the total membership of that house. If the second House passes the bill with amendments, it is referred back to the house in which it originated, and if that house agrees to those amendments with a two-thirds majority, it is sent to the President to sign into law.
In order to bring reforms to the judiciary, an amendment was proposed in the constitution and for at least one month, debate on the 26th Amendment was unabated on various forums even after its passage from Parliament and signing it into law by the President of Pakistan. Various political parties had a varied approach, and similarly, constitutional experts had a difference of opinion. Some favour it and some oppose it, but finally it was passed by the required two-thirds majority of the parliament. But regarding the 26th Amendment, something unique of its kind happened in the history of democracy in Pakistan. Chairman PPP Bilawal Bhutto Zardari took a landmark step to empower the people of Pakistan. Before the bill to be tabled in Parliament, he asked people of Pakistan to come forward for their input. For the first time, people of Pakistan were asked to participate directly in the legislation process of amendment in the constitution. This is routine practice in western democracies. For the lovers of democracy, it was a dream for Pakistan, and Chairman Bilawal Bhutto Zardari raised his voice.
Big thank you! Regarding the 26th amendment, Chairman PPP’s proposed points were circulated for public consultation before the final vote was taken. An effort was made to acknowledge that all power is to the people of Pakistan for the constitutional amendment. Since the matter proposed in the 26th amendment was of fundamental nature, it is a matter for deeper and more considered public engagement than ordinary law-making. A constitution is the supreme law of a country. In contrast to ordinary legislation, it embodies the fundamental choices made by a country and its people that establish the basis for political and social life. Constitutions establish the system of government, distribute and constrain power, protect the rights of citizens and deal with various additional issues of identity or substantive policy that are considered foundational in the specific context of a particular country. However, while intended to be both foundational and enduring, constitutions are not intended to be immutable; if they are to endure, they must be able to respond to changing needs and circumstances. Adjust the constitution to the environment within which the political system operates. That was the first time in the history of Pakistan that the voice for the right of the public to their active participation in constitutional amendment was raised, but there should have been mechanisms devised for a consultation process for the general public to formally read the bill to submit their suggestions in writing to amend the constitution.
While standing by Bilawal’s call, the incumbent government should have facilitated public discussion about the bill. The government should have done amicable in order to discharge this duty of consultation. But now for the 27th constitutional amendment, the government should facilitate a pathway for direct participation of the general public and at least 30 days should be given to the public formally to read the bill to submit their suggestions in writing to amend the constitution. This ideal democratic practice may give immunity to constitutional amendments to be challenged in the Supreme Court or any other legal forum. With a call for direct public involvement, Bilawal defended the constitutional rights of people and strengthened democratic institutions. This is the groundbreaking and historic moment for all ardent supporters of democracy in Pakistan. And by following the vision of Bilawal Bhutto, in the future, practices of active engagement of people of Pakistan in constitutional amendments, Pakistan’s democracy will also be ranked among the western democracies while joining the club of Western democracies.
—The writer is a medical doctor and fitness geek and passionate about public health and human rights.
