Tariq Mahmood Awan

A parliamentary constitution serves as the blueprint for a specific type of government: a parliamentary democracy. It outlines the purpose, objectives, and structures that govern how power is distributed, exercised, and held accountable within this system. The fundamental purpose of a parliamentary constitution is to establish a framework for a representative democracy. It aims to create a system where the people, through elections, choose their representatives, who then form the government. This ensures that the government derives its legitimacy from the will of the people. The constitution also sets out the principles of limited government, ensuring that those in power operate within defined boundaries and are held accountable to the law and the people.

Just like any constitution, a parliamentary constitution strives to achieve several key objectives. The document guarantees equal rights and opportunities for all citizens under the law. It establishes a system of checks and balances to prevent any one branch of government from becoming all-powerful and potentially trampling on these rights. Individual freedoms of speech, assembly, religion, and others are enshrined in the constitution, protecting citizens from arbitrary government actions. The government is made accountable to the legislature, which represents the people. Ministers are responsible for their actions and can be removed from office through a vote of no confidence in Parliament. The constitution provides a clear framework for the functioning of government, fostering political stability and predictability. It outlines procedures for resolving disputes and ensuring a smooth transfer of power after elections.

The core structures of a parliamentary constitution define the key players and their roles within the government. A parliamentary constitution is typically a bicameral body with an upper house and a lower house. However, in a federal parliamentary constitution, a bicameral legislature is preferred. The lower house, for example, in Pakistan (e.g., the National Assembly), holds more power and is directly elected by the people. The upper house, the Senate, in the case of Pakistan, has the indirect representation. The legislature is responsible for making laws, approving budgets, and scrutinizing the government’s actions. The primary feature of the parliamentary constitution is that it elects the executive. The executive branch is led by the Prime Minister, who is the leader of the majority party in the lower house. The Prime Minister appoints a cabinet of ministers who are responsible for overseeing different government departments.

The judiciary is an independent branch of government responsible for interpreting the laws and the constitution. It acts as an impartial arbiter, ensuring that the government operates within the legal framework. Most constitutions employ checks and balances; however, in federal parliament constitutions, judicial review is vested with the judiciary, which makes the judiciary more significant.

A constitution is not merely a dusty legal document gathering cobwebs in a government archive. It is the cornerstone of a nation, the foundation upon which a stable and just society is built. Here’s a deeper exploration of its significance:

• Guaranteeing Fundamental Rights: A constitution acts as a shield, protecting citizens’ fundamental rights from arbitrary actions by the government. It ensures freedoms like speech, assembly, and religion, fostering a climate where individuals can express themselves freely and participate in public life.
• Establishing the Rule of Law: The constitution lays the groundwork for a system where everyone, from ordinary citizens to those in power, is subject to the same laws. This principle of equality before the law is crucial for maintaining order and preventing abuse of power.
• Limiting Government Authority: A well-crafted constitution defines the boundaries of government power. It prevents the concentration of power in any one branch, fostering a system of checks and balances that safeguards individual rights.
• Providing a Framework for Stability: The constitution establishes clear rules for how the government functions, including the process of electing representatives, enacting laws, and resolving disputes. This framework promotes political stability and predictability, allowing citizens and businesses to plan for the future with greater certainty.
• Promoting National Unity: A constitution can serve as a unifying document outlining the shared values and principles that bind a nation together. It can foster a sense of national identity and belonging among diverse populations.
• Guiding Societal Change: Constitutions, while aiming for stability, are not static documents. They can be amended through established procedures to reflect changing societal values and circumstances. This allows a nation to adapt and evolve while maintaining a core set of principles.

Hence, a constitution is much more than just legalese. It is the living document that shapes the character of a nation. By defining the rules of the game, protecting rights, and ensuring accountability, a strong constitution paves the way for a just, free, and stable society.

Critical Evaluation of the Constitution of Pakistan

Pakistan’s 1973 Constitution is a complex document that attempts to balance Islamic principles, democratic governance, and individual rights. While it has established a framework for stability, a closer look reveals some key features that warrant critical evaluation.

Federalism: The division of power between the federal government and the provinces is a cornerstone of the constitution. However, the balance has often tilted in favor of the center, with provinces accusing the federal government of encroachment. This centralization can hinder effective governance and stifle development at the provincial level. There are three types of federalism: legislative, fiscal, and administrative. However, administrative federalism still needs to be implemented in Pakistan. 

Parliamentary Democracy: In a parliamentary democracy, executive is elected by the legislature and it remains answerable and accountable to it. It is essential for political executive to remain in majority in the Parliament. The system with a Prime Minister at the helm fosters accountability to the legislature. However, frequent party switching and weak party discipline can lead to unstable coalitions and hinder long-term policy planning. Additionally, the military’s historical involvement in politics has created a shadow over the true civilian control envisioned by the constitution.

Fundamental Rights: The constitution guarantees fundamental rights, a crucial step towards a just society. However, these rights have been restricted, particularly during periods of emergency rule. The scope of judicial review in enforcing these rights also remains a point of contention.

Islamic Provisions: The incorporation of Islamic principles is a defining feature of the constitution. While it reflects the nation’s religious identity, the interpretation and application of these provisions can be subjective. This raises concerns about potential discrimination against minorities and the lack of clarity regarding the boundaries between religious and secular law.

Independent Judiciary: An independent judiciary is essential for upholding the constitution and protecting individual rights. However, the appointment process for judges and the potential for political influence raises questions about the judiciary’s true independence. Additionally, the effectiveness of judicial review in challenging government actions remains a matter of debate. Furthermore, in Pakistan, lately, judicial activism has encroached upon the space of legislature and executive. 

Emergency Provisions: The constitution allows for the suspension of certain fundamental rights during emergencies. While intended for exceptional circumstances, these provisions have been invoked on multiple occasions, raising concerns about their potential for abuse and the erosion of civil liberties.

It’s important to acknowledge the constitution’s positive aspects. It has provided a framework for stability after periods of turmoil. The commitment to federalism, albeit imperfectly implemented, recognizes the nation’s diversity. The enshrinement of fundamental rights, despite limitations, represents a step towards a more just society. Pakistan’s constitution is a work in progress. A critical evaluation of its features highlights areas for improvement. Strengthening federalism, ensuring genuine civilian control, and upholding the true spirit of fundamental rights are crucial steps towards a more democratic and just Pakistan. Continued debates and reforms are necessary to ensure the constitution remains a relevant and effective document that serves the needs of the evolving nation.

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