The constitution is important

The tragedy of our time is that the social contract between citizens and the state (in the form of the constitution) in Pakistan is corrupted with malaise and malpractices.

Throughout our chequered constitutional history, there have been quite a few incidents and accidents regarding constitutional violations. The worst era was one where the social contract was completely set aside, and martial law regimes were imposed. Even today, we keep hearing that martial law is a possibility – a step destined to further weaken the already weak social contract.

One of the main expressions of confidence and trust of citizens in the state is their vote, which strengthens a democratic system. Unfortunately, this trust is eroding in Pakistan. The February elections seemed to have been a futile exercise, where the aspirations of many people were crushed. This is one of the reasons for discontent and distrust among people, which ultimately leads to political instability that triggers economic instability.

Recently, a minister talked about the constitutional meltdown. What could happen if the constitution fails once again and some other setup is formed on any pretext, as we see the new unprecedented development of non-compliance with court decisions?

All three pillars of the state – let me include the fourth pillar as well that is the press and media including social media – have distinct roles to play. Unfortunately, all are failing to meet their constitutional obligations owing to multiple reasons, resulting in chaos in society.

The structure of the state stands on the constitution. The state today is severely under pressure as it is unable to provide the citizens with the facilities they are entitled to under the constitution. The truth is that the security of the state can only be ensured by adhering to the provisions of the constitution. That is missing in Pakistan.

The government’s performance in protecting human rights is not that ideal. People are badly suffering from maladministration and malpractices that are common here. On top of it, people are unable to exercise their right to expression and free speech owing to various issues. The right to assembly is again an issue and a great concern for all of us. The country’s popular party (PTI) that performed well in the February elections is being partially denied their right to public gatherings. This is one of the reasons for political instability in the country, which is followed by economic instability. This needs to improve.

The state is constitutionally obliged to ensure equitable and just economic development in all areas and provinces of Pakistan. One of the reasons for discontentment and chaos in the country is backwardness and uneven development, especially in Balochistan where people are rightly demanding their fundamental rights be provided by the government of Pakistan.

People’s confidence in the system is waning due to a range of issues, including enforced disappearances where the government has been completely ineffective.

Economic security has gained such high importance in today’s world that it has become almost synonymous with the security of the state. Whenever the constitution is deviated from or not followed in letter and spirit, discontentment among people gives way to political instability, which becomes a cause of economic instability. We are in search of economic stability while not taking care of political stability that could only be ensured through an inclusive political system.

Inclusivity is important in all fields of life – social, political or economic – and strengthens the country. It needs to be followed. The Council of Common Interest (CCI) is one of the strongest institutions that could give strength to the federation if followed in letter and spirit. The NFC awards must be revisited to cope with the floods of loans and tsunami of debts. The CCI is the right forum to be used for just and equitable economic development.

It is beyond imagination as to why the government is not holding frequent meetings of the forum to gain political and economic stability by following the constitution. The provinces would be happy to share the burden of the federation if constitutional obligations are met in the case of the CCI. The social contract would also be honoured by holding the meetings of this very vital forum, as the federating units fetch people’s confidence in their respective provinces.

The local government system is key to progress and prosperity, cementing the relations between citizens and the state. The constitution is being violated again and again by delays in local government elections. This is another area where the social contract is under siege in Pakistan. What is wrong with the federal and provincial governments, and why do they not hold local bodies’ elections?

Development issues could be properly addressed through local governments. Economic strength and economic prosperity could be achieved through this system of governance by meeting constitutional obligations in this regard. The question is why Article 6 cannot be invoked in this case, as the constitution is frequently being violated by not holding elections of the local government.

It would be in the best interest of the nation to follow the constitution; this is the only way to strengthen the social contract that is under siege. The way forward for peace, progress, prosperity and economic growth is to meet constitutional obligations. The dream of a strong Pakistan can only be realized by following the constitution.

Issues like terrorism, security challenges and economic instability are a result of non-compliance with the constitution. There is an urgent need to give importance to our social contract to make this nation stronger and prosperous. For that, we have to follow the constitution.

All challenges are the ultimate result of our wrong policies and the violations of constitutional provisions. Partial compliance with the constitution does not guarantee any stability, whether political, economic or otherwise.

The writer is a former additional secretary and can be reached at:

hassanbaig2009@gmail.com