Book Review by Dr. Mubarak Ali
Constitution and Political History of Pakistan Hamid Khan Oxford University Press Karachi, 2001 Pages 959 Price: Rs. 1295,-- Whenever there is a discussion on the political instability, corruption, and failure of the successive governments in Pakistan, scholars and laymen both offered different arguments and opinion regarding it. One of the popular arguments is that Jinnah, the founder of Pakistan; died early in the formative phase; if he survived, the history of Pakistan might have been different. Other finds politicians, bureaucrats, and military generals responsible for the failure of the system because they, in preference of their vested interests, sacrificed the country. However, when one minutely studies the history of constitutional and political development of Pakistan, one finds that from the very beginning the norms and the very spirit of constitution were violated. And no one less than the most constitutionalists Muhammad Ali Jinnah.He wanted to become the powerful Governor General and not merely a nominal head of the state. So, he became the G.G., the President of the Constitutional Assembly and the President of Muslim League, all three in one. To acquire power and authority for the G.G., the Act of 9035 was amended and, by virtue of it, he first dissolved the assembly of NWFP and later on dismissed the chief minister of Sindh.After his death, the whole structure again changed to suit the new ruling elite. Nazimuddin as a G.G. became the nominal head of the state and Liaqat Ali Khan, as a P.M. assumed executive powers. The assassination of Liaqat Ali Khan opened the doors for intrigues and conspiracies. Ghulam Muhammad, the G.G. first dismissed the Prime Minister in 1953, and then dissolved the Constitutional Assembly in 1954.The Sindh high court restored the assembly but the Supreme Court under the chief justice Muhammad Muneer, who had close relation with the G.G., upheld his decision. And so the history of constitution and politics goes on based on the faulty foundation. The book under review Constitutional and Political History of Pakistan by Hamid khan, is a comprehensive book which gives in detail the development of constitutional and political history. However, details are there but there is no analysis and no interpretation that how and why all these developments happened. Therefore, there are number of questions which a reader likes to know. For example, there is a question: why the process of constitution making was delayed? When we try to find the answer we conclude that the delay was the result of confusion prevailing in the ruling circles on the question that what type of constitution should be made: Islamic or secular or a mixture of both. If Islamic, how should it be framed? Interestingly, ulama, who opposed the idea of Pakistan, came forward to pressurize the government to make the new state an Islamic. Under their pressure, Liaqat Ali Khan made a compromise and presented the Objective Resolution in 1949 which declares that sovereignty belongs to God and that no law should be passed repugnant to the holy Quran and sunnah (the traditions of the holy prophet). It became preamble of the constitution of 1956.However; it gave ample opportunity to the religious parties to assert that the Islamic provisions should be included in the successive constitutions. The important aspect of the three constitutions is their religious character. . Fundamentalism in Pakistan is from the above, state sponsored and constitutionally guaranteed. The Objective Resolution laid down its foundation and it carried on in the successive constitutions.Z.A.Bhutto, as a matter of fact, islamised the constitution fully when Islam is declared as a state religion. Besides Head of the state, Prime Minister should also be required to be a Muslim. In the second amendment, the Ahmadis are declared non Muslim.Zia, after assuming power, found the process of Islamisation in his favour and further inducted more Islamic provisions such as hudud (Islamic punishments), separate election, Federal shariat courts, profit and loss account in banking, law of evidence. He made the Objective Resolution a part of the constitution. His eighth amendment fully changed the whole structure of the constitution and made the President authoritative to dissolve the Assembly and dismiss prime Minister. After reading the details of the constitutional development, one reaches to the conclusion that in Pakistan, religious minorities are persecuted constitutionally. There are number of provisions which leave them unprotected. One of them is blasphemy law that is misused again and again against them. . Another conclusion which a reader draws after reading the details of three constitutions is that they failed to check the military intervention in 1958,1969,1977,and 1998.As a result of military coups, two constitutions were abrogated and third one is mutilated by Zia and put in abeyance by Musharraf. In case of all military interventions, the judiciary humbly justifies the legality of the military governments on the basis of Doctrine of necessity. Zias coup was legalised by the Supreme court in these words" extra-constitutional step taken by the armed forces of Pakistan was justified by requirements of state necessity and welfare of the people." Justice Afzal Cheema pronounced the Doctrine of necessity according to the principles of Islam. In the recent coup, the judiciary not only recognizes the military government but also gives power to make amendments in the constitution. The reduction of judiciary as a tool in the hand of those who usurp power illegally and unconstitutionally is a sad aspect of the history of Pakistan. By reading the whole account of constitutional history, one finds the reason of political instability in the country. Where a constitution is regarded mere a piece of cloth (these are the word of Zias) how could it become a sacred document? That is why every ruler either abrogated it or changed it according to his whims. Hamid Khan divides the book into eight parts. Part one begins with the pre-partition constitutional and political history, part second covers constitutional and political Developments from August 1947 to October 1958, part third deals with the Ayub Era: October 1958 to March 1969, part fourth highlights the Yehya Regime: March 1969 to December 1971, part fifth describes the Bhutto Regime: December 1971 to July 1977, part sixth delineates the Zia Era: July 1977 to August 1988, part seventh deals the post Zia period: August 1988 onwards, and part eight ends up on constitutional and political issues in Pakistan. In Epilogue there are some document and commentary on the recent political developments. No doubt, Hamid Khan collects the material with great efforts and provides details for all important events. However, citing of lengthy quotation could be avoided which would make the volume slimmer and readable. Further weakness of the book is that the constitutional development is not fully analysed and examined in the light of political changes. However, in spite of this, it is important addition to the history of Pakistan. |