Rabbani laments Constitution being assumed as plasticine that can be moulded in any direction

When exceptions become rules and different clauses and sections of the constitution are misused for political expediency, the state and its establishment starts assuming that the constitution is like plasticine that can be moulded in any direction.

Pakistan Peoples Party leader and former Senate Chairman Raza Rabbani made this remark at a session titled ‘We the People: The Constitution of Pakistan’ on the last day of the Karachi Literature Festival (KLF) on Sunday.

He was of the view that when the sanctity of constitution was so blatantly violated by the powers that be, people must not think that the constitution gave nothing to them. Former Sindh High Court chief justice Shaiq Usmani and Justice (retd) Nasira Iqbal were the other panellists at the session that was moderated by journalist Mujahid Barelvi.

Rabbani was of the view that upon close reading of the Constitution, one would clearly see that the Constitution of Pakistan was inclusive of federalism, parliamentary system and democratic rules.

He said that it was irony that after the passage of several decades, we were still engaged in the discussion on whether the parliamentary system was suitable for the country. According to Rabbani, seven of the famous 14 points proposed by the Quaid-e-Azam were related to federalism. He said that despite that some elements were still insisting on converting Pakistan into a single unit to be run under a centralised government.

Rabbani did not hesitate to mention that his own party, the PPP, looked towards Rawalpindi along with other parties for political direction. He lamented that when such was the state of affairs, Constitution became of no use.

Talking about the 18 amendment, the former Senate chairman said that the devolution of powers was never accepted in a true sense. Many obstacles were created to subvert the amendment, he said, adding that no National Finance Commission award came for the last 12 years.

He maintained that defining the powers of local bodies was a provincial subject and the provinces could make their own laws for local governments. Justice (retd) Usmani said that when Pakistan came into existence, no one had clarity regarding what kind of constitution should be formed. He added that the founder of Pakistan was suffering from a severe health condition and just one year after the creation of the country, he passed away.

He opined that the fact that there was no close people-to-people interaction between East Pakistan and West Pakistan also made the task of forming a unanimously agreed constitution strenuous.

He stated that when the lawmakers finally adopted the constitution of 1956, military dictator Ayub Khan abrogated it a few years later and then introduced a self-made constitution. In 1973, however, Zufikar Ali Bhutto, Mehmood Kasuri and Abdul Hafeez Pirzada made it possible to have a comprehensive constitution for the country, Justice (retd) Usmani said.

He added that when the army took over the country in 1970s, it sidelined the constitution and created many problems. “If we have followed the actual and original constitution of 1973, there would be no problems,” he stated.

On the 18 amendment, he said time would prove if it was good or not because the provinces were not strong to effectively run the administrative affairs and the Centre had to repeatedly interfere.

“Until the provinces deliver, the 18th amendment is just a waste,” he said. He added that even the opposition parties were not ready to devolve powers to local bodies.

Justice (retd) Nasira lamented that even legislators in the country had not read the Constitution. “It should be mandatory for the MNAs and MPAs when they come to Parliament or a provincial assembly that at least they have been taught the constitution. Until they understand the constitution, they won’t do effective legislation,” she said.

She added that there should be no military interference in the constitutional affairs. According to her, the Constitution guaranteed equal rights to the people of the country but its implementation was another matter. On the issue of local governments, she said they needed to be empowered so that they could effectively serve the people.