Ideology and Constitution of

Pakistan
Lecture 8
Instructor: Ammar Yasir
Six Point Formula by Mujeeb Ur Rehman
• The Six-Point formula comprised the following points:
• 1: Through a federal parliamentary system based on direct adult
franchise representation of provinces would be based on population
in the federal legislature.
• 2: The federal government will be restricted only to foreign affairs,
defense, and currency. And even concerning foreign affairs, economic
issues would rest with the provinces.
• 3: There would be either two different currencies for the two wings
or a single one with a separate Federal Reserve System for each wing.
•4: The power of implementing and collecting taxes
would rest with the provinces. The federal
government will be given enough shares to fulfill its
tasks of foreign affairs and defense.
•5: There would be separate accounts of foreign
exchange earnings for each wing.
•6: East Pakistan would be entitled to have militia or
paramilitary force solely under its jurisdiction.
Zulfiqar Ali Bhutto: Successes and Failures
• Was economically and politically Pakistan better off during the Bhutto era
(1971-77)? Was he an exponent of democracy or mobocracy? And whether
he had a fair trial and was rightfully convicted. On questions such as these
public opinion remains sharply divided.
• The philosophy which the PPP espoused at the time of its birth was
democratic socialism, which meant the establishment of an egalitarian
society through democratic, constitutional means.
• Mr Bhutto was fortunate that he did not have to wait too long as Ayub
Khan was forced by country-wide agitation to step down in March 1969
paving the way for Pakistan's first general elections in December 1970. The
PPP won the election in the western wing and eventually formed the
government in 1971 after the separation of the eastern wing.
• Mr Bhutto was avowedly committed to a command or socialist
economy, which envisaged the state as the major player on the
economic scene.
• Therefore, after attaining power he started a nationalisation
programme. In the first phase of the program, several basic industries
were nationalized.
• In the second phase, the state took control of financial institutions
including banks and insurance companies. And in the third and final
phase, rice-husking units were nationalized.
• The nationalization policy of the Bhutto government has come in for
sharp criticism. It is alleged that the nationalization of industries and
financial institutions did serious damage to the efforts for economic
development during the 1960s and resulted in economic inefficiency
and misallocation of resources.
• Some critics have even alleged that nationalization was not
occasioned by any philosophy or doctrine; rather it represented the
attempts of feudal led by Bhutto himself to clip the wings of
industrialists, who had grown immensely strong under President
Ayub.
• Undeniably economic growth slowed in the wake of nationalisation.
This is corroborated by the fact that whereas during the 1960s,
Pakistan's economy grew on average at 6.8 percent per annum,
during the 1970s, the growth rate fell to 4.8 percent per annum on
average.
• It is also true that most of the nationalized units went into loss
because decisions were not market-based.
• However, rapid economic growth is not the only macro-economic
objective of a government. The government has also distributional
objectives to reduce economic disparities. During the 1960s rapid
economic growth was accompanied by the concentration of
resources in a few hands.
• Hence, when Bhutto assumed power, there was a popular demand
for breaking the concentration of economic power. And it is doubtful
whether that was possible without the state increasing its economic
role. Besides socialism was still a powerful economic doctrine during
the 1970s and a party's pursuit of socialist ideals was not surprising.
• Today of course things are much different as governments all over
the world are pursuing market-based policies. In Pakistan as well, all
major political parties including the PPP are wedded to market
economy.
• Initially Mr Bhutto was installed as president but later became prime
minister after the promulgation of the 1973 constitution, which
remains the party's most significant contribution to date.
Constitution-making has remained a serious problem in Pakistan. It
took the country nine years to draw up its first constitution, which
was abrogated only after two and a half years.
• The second constitution, the 1962 constitution, was a mockery of
constitutionalism as it had made the president all-powerful but
responsible to none.
• The 1973 constitution, which is still in force despite having been
suspended thrice by generals, is an excellent document. It not only
provides for a responsible form of government but also reconciles the
conflicting principles of full provincial autonomy and the federation's
integrity.
• Above all, Bhutto deserves the credit of inculcating political
consciousness among the people. With Bhutto, democracy was
restored in Pakistan after a long spell of despotism. Democracy is
essentially a faith in the power of the people, and only politically
conscious people can constitute that power.
• Thus the foremost task of a leader in a democratic polity is to infuse
that consciousness in the masses. Before Bhutto, the people were
merely passive spectators in the game of politics and were markedly
deficient in political consciousness.
• Politics was entirely dominated by feudals and the country lacked a
politically influential middle class, which is so vital to the success of
democracy.
• Bhutto made the masses realize, in a way none had done before in
Pakistan, that they were not a non-entity, and that they had their
rights as well as obligations as citizens of a democracy.
• The popular expression roti, kapra aur makan was not merely a
political slogan but a driving force in arousing the masses. Without
having access to these necessities of life, the people cannot be free.
• Bhutto also took the momentous decision that Pakistan starts its
nuclear program in response to that of India. Whether that was the
right decision or not, we need not enter into that debate.
• But the fact that the Bhutto government did not knuckle under
tremendous pressure to abandon the nuclear program testifies to the
strong character of the man at the helm.
• Land Reforms
• The Land Reforms of 1972 have restricted the individual holdings to
150 acres of irrigated and 300 acres of un-irrigated land. The
excessive land holdings were taken over by the without paying
compensation.
• Labor Reforms
• They guarantee to the workers their long overdue fundamental rights
of freedom of association and collective bargaining, and assurance of
greater security of service; representation in management, group
insurance, old age pension, free education for children, and housing
and medical facilities.
• These laws were also operative in the centrally Administered Tribal
Areas. These reforms have paved the way for a new workable
relationship between employers and employees for the future.
• Education Reforms
• On 15 March 1972, the New Education Reforms were announced.
They envisage universal and free education up to class (X) throughout
the country in three phases. Under this scheme, all educational
institutions were to be nationalized. These institutions were open to
gifted students from all over the country without regard to their
financial status and social background.
• About 400 colleges and several schools were nationalized in the
provinces of Sind and Punjab. The college teachers had also been
given a respectable position in society.
• The late prime minister will also be remembered for presiding over a
fundamental shift in Pakistan's foreign policy. Disappointed with the
US role in the 1971 Pak-India war, Bhutto decided it was high time
Islamabad shunned its dependence on Washington and instead
looked to the Muslim world for support and strength. The hosting of
the second OIC conference at Lahore in 1974 created at least a
semblance of Muslim unity.
• The Bhutto regime was not without its dark side. The late prime
minister had an indomitable lust for power, which made him
frequently overstep his authority. He was given the mandate for a
democratic, responsible government but he tried to turn the same
into a licence for authoritarianism.
• His creation of the federal security force (FSF) to harass and victimize
the opposition and his intolerance of any criticism show his dictatorial
bent of mind. If democracy is the government of the masses, it is also
the rule of law in an environment of political tolerance. Bhutto's
intolerant attitude and his extra-legal steps weakened democracy.
Salient Features of 1973 Constitution
• 1. Written Constitution:
• Like the Constitution of the United States of America, but unlike the
Constitution of the United Kingdom, the Constitution of 1973 is a written
document. There are 280 articles and seven schedules to the Constitution.
Urdu and English are the official languages, while provinces are free to opt
for their respective provincial languages as well.
• 2. Federal Form of State
• The Constitution of 1973 envisaged Pakistan as a federation consisting of a
central government and the governments of the federating units, namely,
the provinces of Punjab, Sindh, Khyber Pakhtunkhwa, and Baluchistan.
• 3. Parliamentary form of Government:
• Like the Constitution of 1956, but unlike the Constitution of 1962, the
Constitution of 1973 provides Pakistan with a parliamentary form of
government whereby maximum powers are vested in the elected
parliament and the Prime Minister, as head of government, has many
more powers than the head of state (President).
• 4. Bicameral Legislature
• The Constitution of 1973 provides for the establishment of a
bicameral legislature that consists of two houses, namely, the
National Assembly, the lower house, and the Senate, the upper
house. All public representatives of the national assembly and the
provincial assemblies are elected through the direct votes of adults.
• 5. Balance between rigidity and flexibility
• The Constitution of 1973 strikes a fairly good balance between rigidity
and flexibility. As per universal practice, it does allow constitutional
amendments but requires a two-thirds majority of the parliament
(National Assembly and Senate) to approve them.
• 6. Fundamental Rights
• To emphasize its democratic credentials, the 1973 Constitution
guarantees fundamental rights to the citizens of Pakistan. These
include equality of all citizens before the law, security of person,
safeguards as to arrest and detention, prohibition of slavery and
forced labour, freedom of speech, freedom to profess religion,
safeguards for religious institutions, non-discrimination in respect of
access to public places and services, and preservation of languages,
script, and culture.
• 7. Principles of Policy
• Keeping in view the ideology of Pakistan as a modern welfare state based
on Islamic foundations, the 1973 Constitution listed the Principles of Policy
as the guidelines for statecraft, namely the introduction of the Islamic way
of life, promotion of local government, full participation of women in
national life, protection of minorities, promotion of the social and
economic wellbeing of the people, strengthening the bonds with the
Muslim world, and working for international peace.
• 8. Islamic Provisions of the Constitution of 1973
• To appease the vocal religious lobby, it not only retained the name of the
country, like the Islamic Republic of Pakistan, but also maintained the
articles relating to Islam originally introduced in the 1956 Constitution. The
Constitution put a stipulation on the eligibility for becoming President and
Prime Minister that only “Muslims” are not less than forty-five years of age
and are qualified for becoming Prime Minister. No law repugnant to Islam
shall be enacted, and the present laws shall also be Islamized.
• The Constitution also listed the Principles of Policy as the guidelines
for statecraft, namely the introduction of the Islamic way of life and
strengthening the bonds with the Muslim world. Many key ideas
regarding the role of Islam in the State that were mentioned in the
1956 Articles were made part of the Constitution:
• The official name “Islamic Republic of Pakistan” was selected for the
state of Pakistan.
• Islam has been declared the state religion of Pakistan.
• Enabling the living life, culture, and customs of Muslims, individually
or collectively, under the fundamental principles and basic concepts
of Islam
• Teachings on Arabic, Qur’an, and Islamiyat to be compulsory in the
country’s institutions and to secure correct and exact printing and
publishing of the Qur’an.
• Proper organization of Zakat, Waqf, and mosques is ensured.
• Prevent prostitution, gambling, consumption of alcohol, printing, publication,
circulation, pornography, and display of obscene literature and advertisements.
• It is required to be a Muslim to run for president (male or female) and/or Prime
Minister (male or female). There is no restriction as to religion or gender on any
other post, up to and including provincial governor and Chief Minister.
• All existing laws shall be brought in conformity with the injunctions of Islam as laid
down in the Qur’an and Sunnah and no law shall be enacted that is repugnant to
such injunctions.[38]
• A Council of Islamic Ideology shall be constituted and referred to as the Islamic
Advisory Council.
• The Constitution of Pakistan defines a Muslim as a person who believes in the
unity and oneness of Allah, in the absolute and unqualified finality of the
Prophethood of the Islamic prophet, Muhammad, and does not believe in, or
recognize as a prophet or religious reformer, any person who claimed or claims to
be a prophet, in any sense of the word or of any description whatsoever, after
Muhammad (PBUH).
• In keeping with this definition, the Second Amendment to the
Constitution (1974) declared for the first time the Ahmadiyya
Community and/or the Lahori Group as non-Muslims, since their
leader, Mirza Ghulam Ahmad, claimed to be the prophet of God.
• However, the Fourth Amendment (1975) set aside six seats in the
National Assembly for non-Muslim representatives to protect
minority rights.
• The state shall endeavor to strengthen the bonds of unity among
Muslim countries.
• 9. Provincial Autonomy
• To satisfy the demands of the provinces for more provincial
autonomy, the Constitution defined Pakistan as a Federation of Four
Provinces, provided the federal system with a “Bicameral Parliament”
as a legislative authority at the centre and unicameral legislatures in
the respective provinces, and introduced comprehensive lists of
federal, provincial, and concurrent subjects. The Parliament consists
of the Senate as the Upper House (providing equal provincial
representation), and the National Assembly as the Lower House
(providing the will and representation of the people).
• Another major innovative introduction in the Constitution is the
establishment of the National Finance Commission (NFC), consisting
of the Provincial and Finance Ministers and other members, to advise
on the distribution of revenues between the federation and the
provinces.