From Subjects to Citizens: Pakistan’s Unfinished Constitutional Journey

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Hafeez Ahmed Khan

The British Empire did not govern the Subcontinent through sheer military force alone. It ruled through a carefully constructed colonial state framework built around a small class of bureaucrats, judges, police officers, and military commanders. From Khyber to Burma, control was maintained not by armies occupying every street but by institutions designed with a singular purpose: to govern a population of subjects, not citizens. The colonial state was never meant to serve the people. It was engineered to control them, extract wealth from them, and deny them meaningful political participation. Laws were written for this purpose. Courts were organised for this purpose. The civil bureaucracy, the police, and the military were all structured to make the colonial project function smoothly and profitably. Even the police model was borrowed from the Irish Constabulary, a framework explicitly designed for population control rather than public service.

When Pakistan came into existence in 1947, something historically significant occurred on paper. The inhabitants of this region were no longer subjects of a foreign crown. They became, for the first time in their history, citizens of their own sovereign state. This was not a minor transition. It was a fundamental transformation in the relationship between the individual and the state. Citizens possess rights. Citizens demand accountability. Citizens participate in governance. Subjects simply obey. The creation of Pakistan should have triggered a complete reimagining of the state: its institutions, its laws, its administrative culture, and its relationship with the people it was now constitutionally obligated to serve.

This transformation never came. And this is the central tragedy of Pakistan’s governance story.

The state elite that inherited power in 1947 made a calculated choice, perhaps not always consciously but consistently in practice. The civil and military bureaucracy, the judiciary, the political elite, and other centres of institutional power looked at the colonial framework and recognised something useful in it. This framework was extraordinarily effective at concentrating power, controlling populations, and extracting resources. It had been refined over nearly two centuries to serve exactly these functions. Dismantling it would have meant redistributing power, accepting genuine public accountability, and submitting to democratic oversight. The beneficiaries of the system had neither the incentive nor the intention to do any of that.

The colonial state was therefore not replaced. It was inherited, preserved, and in many respects strengthened. The laws remained. The administrative structures remained. The institutional culture remained. What changed was only the nationality of those sitting at the top. The British officer was replaced by a Pakistani officer who operated within the same framework, wielded the same unchecked authority, and answered to the same narrow elite. The concept of the citizen remained theoretical while the practice of treating the public as subjects continued without interruption.

This is what political scientists call Elite Capture, and in Pakistan it became not an exception but a structural feature of the state itself. A permanent gap emerged between what the constitution said and what actually happened on the ground. The de jure state, the one written into founding documents, spoke the language of fundamental rights, parliamentary supremacy, judicial independence, and public accountability. The de facto state operated on entirely different principles: concentration of authority, insulation from accountability, and service to the powerful rather than the people.

The consequences of this failure run deep and wide. Institutions that should have evolved into instruments of citizen service remained instruments of control. The police still operates largely under the Police Act of 1861, a colonial law designed for exactly the kind of population control the British required. Land administration systems, revenue structures, and district governance frameworks still carry the DNA of colonial extraction rather than constitutional service. The bureaucracy still functions with a culture of secrecy, hierarchy, and impunity that would have been entirely familiar to a colonial district officer.

Perhaps most telling is what happens whenever genuine reform is proposed. Every serious attempt to introduce democratic accountability, institutional transparency, or meaningful devolution of power encounters the same resistance from the same quarters. Those who benefit most from the current arrangement are also those with the greatest capacity to block its reform. Legislation that should expand citizen freedoms tends to expand state authority instead. Institutions that should hold power accountable tend to protect it instead.

Pakistan will not break out of this colonial inheritance through slogans or symbolic gestures. The transformation requires deliberate, sustained, and politically costly institutional reform. It requires a legislature that genuinely exercises its oversight function. It requires a civil service reformed around the principle of public service rather than administrative control. It requires laws rewritten for citizens rather than subjects. Most fundamentally, it requires an honest acknowledgement that the post-colonial state in Pakistan remains, in its essential character, a colonial state. Until that acknowledgement is made with full seriousness, the distance between constitutional promise and lived reality will continue to define Pakistani governance.

The best-selling books of Republic Policy Think Tank, including the landmark book The Bureaucratic Coup, are available at Vanguard Books, Liberty Books, Readings, Kitab Sarai, Sang-e-Meel, Saeed Book Bank Islamabad, National Book Foundation, and others across Pakistan. Contact for home delivery: 0300 9552542.

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