Longest surviving 1973 Constitution
IN little over 75 years of its existence, Pakistan has had three constitutions one after the other. Pending framing and promulgation of a constitution, the Government of India Act 1935 with necessary alterations and modifications through the Pakistan (Provisional Constitution) Order 1947 was adopted as the provisional constitution.
First constitution was enforced on 23 March 1956 when Pakistan also became the Republic of Pakistan. Somehow, it proved short-lived and was abrogated in October 1958 when President Major General Iskander Mirza and first Muslim Commander-in-Chief of Pakistan Army General Muhammad Ayub Khan connived and imposed first martial law in the country just after seven years of its coming into existence. Towards the end of the same month, General Ayub Khan had kicked out President Iskander Mirza and himself became the President.
The second constitution of Pakistan was given by General Ayub Khan in March 1962 and the martial law was lifted on 25 March 1969. However, martial law was again imposed in the country in a couple of days when Commander-in-Chief of the Army General Agha Muhammad Yahya Khan assumed power forcing General Ayub Khan to step down. Third constitution was enforced on 14 August 1973 , whose golden jubilee is being celebrated now, has survived many crises over the years and its enforcement has gone down in the annals of history .
The longest surviving 1973 Constitution has been suspended and held in abeyance at least twice and by now has been amended as many as 26 times during 50 years of its existence in the politically chequered history of Pakistan as the constitution was continuously being talked about in both positive and negative manners by different political and other concerned or non-concerned advancing their own vested interests. Hence this little piece about making of the longest surviving Constitution
The nation celebrating the Independence Day every year somehow forgets to mark another anniversary of the Constitution which has so far survived the martial law of third military ruler General Muhammad Ziaul Haq and also civil-cum-military rule of fourth dictator General Pervez Musharraf after it was unanimously passed by the National Assembly on 10 April 1973, authenticated by the then President Zulfikar Ali Bhutto and was promulgated on 14 August 1973. The promulgation of the new Constitution, framed after dismemberment of following the great tragedy of the Fall of Dacca in December 1971 also marked stepping down of country’s first civilian CMLA and President Zulfikar Ali Bhutto and becoming the first democratically elected Prime Minister and the then NA Speaker Fazal Elahi Chaudhry elevated to the highest office of the land as the President.
As golden jubilee year of 1973 Constitution is being celebrated by the government and political parties in their own way, due credit need obviously to be paid to Zulfikar Ali Bhutto and also to all 24 members of the Constitution Committee including representatives of all political parties represented in the National Assembly of the remainder Pakistan. Mr Bhutto had given due priority to provide a constitution to the country which was like a rudderless ship following parting away of East Pakistan and becoming Bangladesh as a land without a Constitution. The remainder of the National Assembly elected in December 1970 had constituted the Constitution Committee through a resolution passed on 17 April 1972. The Committee so constituted and headed by Mian Mehmood Ali Kasuri was given the important task of preparation of the permanent Constitution by 1 August 1972.
Committee members besides Chairman Mian Mehmood Ali Kasuri, included Dr Mubashir Hasan, Malik Ghulam Mustafa Khar, Malik Meraj Khalid, Mumtaz Ali Bhutto, Ghous Bux Bizenjo, Ghulam Mustafa Jatoi, Abdul Hafez Pirzada, Syed Qaim Ali Shah, Dr Mrs Ashraf Abbasi, Dr Ghulam Husain, Malik Muhammad Akhtar, Maulana Kausar Niazi, Khurhid Hassan Meer, Sheikh Muhammad Rashid, Maulana Mufti Mehmood, Khan Abdul Qayyum Khan, Muhammad Haneef Khan, Maulana Shah Ahmad Noorani, Professor Ghafoor Ahmad, Amirzada Khan, Sirdar Shaukat Hyat Khan, Mian Mumtaz Muhmmad Khan Daultana, Niamatullah Khan Shinwari and Begum Nasim Jehan.
Out of the members so appointed, Dr Mubashir Hasan, Malik Ghulam Mustafa Khar, Malik Meraj Khalid and Mumaz Ali Bhutto had resigned from its membership one after the other on account of being entrusted with other assignments and responsibilities connected with their government offices. Ghous Bux Bizenjo had also resigned later on. They were replaced by Malik Muhammad Jaffer, Ch Jahangir Ali, Ch Barakatullah, Malik Sikander Khan and Mrs Jennifer Jehanzeba Qazi Musa. Towards finalization of the Constitution Committee deliberations, Mian Mehmood Ali Ksuri also stepped down as the Chairman of the body and was replaced by Abdul Hafeez Pirzada as the Chairman.
The Constitution Committee held its first meeting on 22 April 1972. On the whole the Committee held 48 sittings spread over 38 days in all. It deliberated for 170 hours to come up with the draft constitution comprising less than 180 articles and six schedules. Younger generation coming into this world after cessation of East Pakistan and becoming Bangladesh might have heard about suspension and being held in abeyance of the Constitution need to be apprised about the making of the Constitution. But not many young ones and middle aged people breathing in the width and breadth of Pakistan would be all that familiar with the makers of the longest surviving 1973 Constitution. Hence this little piece.
This little piece about the makers of the longest surviving Constitution, despite attempts for its abrogation and suspension from left and right is in all fairness humble credit and tribute to the makers and the defenders of the 1973 Constitution over the years and those, irrespective of whether they are in the government or in the opposition, who are working within its framework, honouring, respecting, implementing and upholding no matter which position they hold. Continued survival of 1973 Constitution against all odds and despite all hidden and open challenges mean a trong, united, prosperous, forward looking, positive thinking and economically and defence-wise stronger and stable Pakistan. While celebrating the golden jubilee year of the 1973 Constitution, we should all pledge to continue, honouring, respecting, safeguarding , implementing all its provisions sincerely, faithfully, objectively and honestly as well as fully understanding and appreciating all that is embodied in it.
—The writer is retired Deputy Controller (News), Radio Pakistan, based in Lahore.
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