Wednesday, March 4, 2015

Session 11 - The 'flawed' constitution of Pakistan

The constitution is an immensely powerful document that has a dominant role to play in the governance of a state.  It basically aims to lay down a certain set of principles to which the state must conform, and therefore holds great importance as it delimits the power of the government and provides against the encroachment of an individual’s right. However, this picture of what a constitution must be exists only in theory in Pakistan. Our constitution is one that is commonly referred to as poor and inept, and the mere fact that there have been 21 amendments over its short lifetime substantiates that claim.

I believe the essential problem that is exists in Pakistan today is not groups of militants that attack civilians while demanding the implementation of the Sharia every now and then, it is its flawed constitutional framework which forces every citizen to view their idiosyncratic and personal views on life through a lens of Islam. Since Pakistan was established as a country where freedom of religion will prevail and minorities will be protected, the constitution does not seem to align with the promises made by the state. Therefore, Pakistan will never be able to rid itself of such religion based conflict until it revisits the problems of the 1973 constitution and amends it in a way that it is more accepting towards other religions and ethnicities. 

2 comments:

Unknown said...

Although i agree that the constitution should be amended,these changes will only be effective if the new laws are actually implemented.For this we need to establish a system of accountability and good governance.Otherwise,proposing changes in the constitution will not help because they will only be present on paper.

Unknown said...

Rashna - Especially in light of current attacks against minorities from different religions and ethnicities , these points are very important. It is interesting that you take an approach that focuses on solving the root of the cause,which may be the faults in the constitution, rather than fixating upon mainstreams solutions that merely try to trim the branches that eventually keep growing back in the form of extremism.
Amending the constitution regarding these matters is extremely important, however, do you think that by amending this document, it will be possible to amend the thoughts of the people, some of whom do support the ironically narrow freedom of religion in the constitution?