Reclaiming Constitutionalism in Pakistan: A Path to Democratic Renewal
Constitutionalism entails the supremacy of a written constitution that limits the powers of the state, protects rights, and establishes the rule of law. In Pakistan, constitutionalism has repeatedly been undermined by authoritarian takeovers, judicial compromises, and the erosion of democratic norms. While the 1973 Constitution remains the legal bedrock, its sanctity has been challenged by military rule, emergency powers, and selective enforcement. This essay argues that reclaiming constitutionalism is vital for restoring democratic accountability, institutional integrity, and citizen trust in Pakistan.
The Historical Assault on Constitutionalism Since independence, Pakistan’s constitutional journey has been turbulent. The abrogation of the 1956 and 1962 Constitutions, frequent military interventions, and the use of constitutional amendments to consolidate executive power have weakened democratic continuity. The judiciary’s validation of coups through the "doctrine of necessity" has further entrenched a culture of impunity. These episodes show how political expediency has often trumped constitutional fidelity.
Constitutionalism and Rule of Law A key element of constitutionalism is the consistent application of laws without fear or favor. In Pakistan, selective justice and unequal application of laws undermine this principle. Politically motivated trials, weak enforcement of anti-corruption laws, and disregard for human rights protections erode public faith in the rule of law. Without impartiality, the Constitution becomes a tool of control rather than a charter of rights.
Civil-Military Relations and Institutional Imbalance The military’s disproportionate influence in policy and governance represents a direct challenge to constitutionalism. Civilian governments often operate under informal constraints imposed by the security establishment. This imbalance weakens parliamentary sovereignty and distorts democratic accountability. Reasserting constitutional supremacy requires the military to remain within its defined constitutional boundaries.
Devolution and Federalism Constitutionalism also requires respect for the federal structure. The 18th Amendment was a milestone in strengthening provincial autonomy, yet its implementation remains incomplete. Centralized decision-making and inconsistent fiscal transfers undermine the spirit of federalism. Reclaiming constitutionalism demands that provincial governments be empowered to fulfill their mandates.
Role of Judiciary and Civil Society The judiciary must become a guardian of constitutionalism rather than a facilitator of authoritarianism. Transparent judicial appointments, protection from political interference, and timely adjudication are essential reforms. Likewise, civil society must be allowed to function freely as a watchdog, holding state institutions accountable and promoting legal literacy.
The Road to Reclaiming Constitutionalism
- Reinforce the independence of the judiciary and parliamentary oversight.
- Uphold constitutional rights without arbitrary restrictions.
- Institutionalize civilian supremacy in governance.
- Promote federal harmony through inclusive policymaking.
- Foster a civic culture that values constitutional education and engagement.
Pakistan's democratic resilience hinges on reclaiming constitutionalism. Without adherence to constitutional principles, governance becomes arbitrary and rights become expendable. Reinstating the Constitution as the supreme law of the land is not only a legal necessity but also a national duty. It is through constitutionalism that Pakistan can hope to build a fair, just, and accountable state for all its citizens.
