NATIONAL constitution of any geographic state across the world embodies aspirations, commitments, future vision, guarantee of fulfilment of legitimate national objectives; therefore a national constitution is the face of a national society for which that is framed, enacted and operated in all fields relevant to human life, professions, and legal demographic engagements; by all these angles Pakistan’s national constitution as far as its promulgated text goes is 100 per cent a welfare state constitution; it ensures human dignity irrespective of sex, race, caste, religion, colour, age, living locality/region, assures to all able bodied citizens earning work, to ailing and disabled citizens medical and economic rehabilitation, livelihood, social and demographic security and protection, extend assurances of the state economic patronisation and protection.
These are indeed the boldest objectives of a self-respecting and honour observing people/nation and the national constitution of Pakistan assures fulfilment of all for each and every Pakistani. It is a highly congratulatory aspect of Pakistan nation’s national charter involving individual and collective life. They should be generously proud of this charter of theirs.
Pakistan’s constitutional provisions are very liberal and practicable; in fact the constitution of Pakistan presents the constitutional infrastructure of an enviable welfare state guaranteeing to the citizens provision of food, living, earning, saving, employment, security, protection, human resource possession and growth; article 25-A declares that the state shall provide free and compulsory education to all children of the age of five to sixteen years; again article 37-B assures that the state shall remove illiteracy and provide free and compulsory secondary education within minimum possible period; article 38-D says the state shall provide basic necessities of life such as food, clothing, housing, education and medical relief to all citizens irrespective of sex/gender, caste, creed or race as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment; article 38 guarantees social and economic well being of all citizens; article 38-E ensures a sound fairness that the concentration of wealth and means of production and distribution should not be in the hands of a few to the detriment of general interest of the people (nation); it ensures equitable adjustment of rights between employers and the employees, and landlords and the tenants, provision of facilities of work and adequate livelihood with reasonable rest and leisure to employees, provision of social security to all persons employed in the service of Pakistan. All these constitutional provisions form the bedrock guarantees to evolve a welfare state.
This textual supremacy is quite obvious and enviable. The aims and objectives of enforced laws are implemented through human agencies all over the world. When a constitution makes textual provision for a facility for the constitution-covered citizens then a full framework is laid out to ensure implementation of those objectives.
My view is that for the entire body of constitution of Pakistan an autonomous constitutional commission comprising renowned legal/constitutional experts seems a genuine need; the commission should see that when a vivid provision for the life facility to the citizens stands incorporated in the constitution of Pakistan then why and where the lapse lies for not implementing the legal, constitutional demands. National high heads presiding over or sitting in existing national institutions should divert their governing attention towards this national constitutional call.
—The writer, a retired Secretary in AJK Govt, is a senior columnist, based in Rawalpindi.
