In the twenty-first century, marked by rapid digitisation, digitalisation and the transformative impact of generative artificial intelligence, the constitution of Pakistan -- and all constitutions developed before this century -- needs carefully calibrated amendments. These should embed principles of good governance, transparency and accountability across all tiers of the state.
Such reforms must ensure the full and time-bound enforcement of fundamental rights, along with the effective implementation of federal and provincial legislation on transparency and the right to information, including stringent consequences for non-compliance.
The concept of the federation, grounded in the basic structure principle, must be constitutionally safeguarded to preserve the federal character of the state, guarantee provincial autonomy and maintain the parliamentary system, judicial review, the sanctity of provincial boundaries and the stability of the system. The executive at every level, together with elected bodies, should be made fully accountable.
A truly functional three-tier governmental structure, with constitutionally protected and administratively autonomous local governments, is essential to bring governance closer to citizens, particularly marginalised communities.
At the same time, the judiciary and judicial system must be strengthened through transparent appointments, procedural efficiency and expanded jurisdiction to safeguard rights. Meanwhile, the electoral system must be made completely transparent, inexpensive and technologically efficient to guarantee the sanctity of the vote and the credibility of democratic transitions. To clarify the constitution’s foundational ethos, Part I (Introductory) deserves to be split into Chapter 1 (Introductory Provisions) and Chapter 2 (Mandatory Guiding Principles). Chapter 1 would retain Articles 1, 2 and 2A.
Chapter 2 would encompass Articles 3, 4, 5, and 6 -- recast as mandatory guiding principles enforceable against all state organs. Particularly, Article 6 (high treason) should be broadened: if federal or provincial governments do not enforce fundamental rights (Part II), citizens may petition the Supreme Court under its original jurisdiction (Art 184(3), to be heard by a constitutional bench. Procedural rules must guard against frivolous petitions, while ensuring meaningful access to remedies.
A novel ‘basic structure’ doctrine should be enshrined, affirming an immutable core consisting of the federal polity; provincial autonomy per Article 2A; the parliamentary system with fair, transparent elections; judicial review; and sanctity of provincial boundaries as at July 1, 1970 (or August 14, 1947). This entrenches the federal equilibrium and averts arbitrary amendments, especially crucial in AI contexts where centralisation might be technologically expedited.
Article 8 (laws inconsistent with fundamental rights are void) must be sharpened through supplementary rules to delineate its scope. Article 9 (no person shall be deprived of life or liberty save in accordance with law) should be enhanced with a schedule of socio-economic entitlements covering all aspects of life -- including access to electricity, high-speed internet, digital infrastructure, technology access and the right to digital literacy. These elements should be recognised as integral to the right to life.
All rights should incorporate mandatory time-bound enforcement obligations. Failure by relevant authorities to uphold such rights should incur clearly defined consequences (administrative penalties, contempt, budgetary sanctions or proceedings under Article 6).
The enforcement of proactive disclosure provisions under federal and provincial transparency and right-to-information laws, along with the complete digitisation and digitalisation of all government offices, records and processes, must be ensured. This will be essential to achieving a governance system that is transparent, accountable, efficient and entirely free from corruption.
These articles must be drafted in simple and effective language, clearly explaining their scope.
Law enforcement and other agencies should not enjoy blanket immunity. Transparent protocols and judicial or parliamentary oversight must condition their powers. Chapter 2 (Guiding Principles) must be explicitly justiciable, empowering courts to enforce them as mandatory standards, not mere ideals.
Elected officials should submit performance reports to their constituents: ministers biannually to the public; assembly members to their constituency and Senate members to their provinces annually. Such transparency reinforces trust and responsiveness.
Provincial autonomy must be sacrosanct; executive actions must not impinge on provincial authority. Devolution of powers must be structured so that provinces are empowered, thereby strengthening the federation. Further, constitutional guarantees for local government autonomy should clarify which functions remain provincial and which devolve, with local bodies emerging as pivotal governance bulwarks.
The auditor-general’s Office must gain greater efficacy, independence and accountability. Audit reports must be robust, evidence-based and subject to timely action if deficiencies are found.
Part VII should be amended to ensure transparency of the judicial appointment rules and to make the judicial system and justice accessible to all at their doorstep inexpensively and effortlessly.
Electoral laws must mandate fully transparent, inexpensive electoral processes: live vote-counting, declaration by presiding officers in the presence of party agents, binding electoral manifestos and safeguards against electronic manipulation. Emergency provisions require revision to prevent misuse. Emergency declaration must be justiciable, with clear thresholds and judicial oversight. A no-confidence clause should be conditioned: it should not be deployable merely as a political tool, but only if the incumbent government demonstrably fails to fulfil constitutional obligations or fundamental rights -- subject to court review before it takes effect.
Article 239 (constitutional amendments) should be amended to preclude alteration of the basic structure identified above. These proposals offer a robust starting point; refinement through public debate, expert input and parliamentary deliberation will only strengthen the ultimate reform.
The writer is an advocate of the high court and a former civil servant.