LAHORE: Marking 50 years to the day since the Constitution of 1973 was passed by the National Assembly, the Human Rights Commission of Pakistan (HRCP) notes that, in a history interspersed with periods of autocratic military rule and attempts to grossly undermine representative governments, this was the first time that a constitution was drafted and passed unanimously by a democratically elected assembly.
While it is not a perfect document, the 1973 Constitution has played a pivotal role in shaping the country’s democratic system and federal character, and in upholding the fundamental rights of its citizens.
The moral worth of a country’s constitution lies in its ability to put in place a structure of government that defines limits to the exercise of authority by institutions of the state, and to lay down the rights, obligations and attendant principles that must be drawn upon when interpreting the law. In this sense, the 1973 Constitution was significant in recognizing and guaranteeing certain basic rights to all citizens, regardless of their religion, race or gender. It enshrined fundamental rights such as freedom of speech, religion, assembly and association, freedom from slavery, as well as the right to a fair trial, due process and equality before the law. It also established an independent judiciary to protect these rights and ensure they were enforced. It sought to protect the rights of women, religious minorities and marginalized communities, and provided for affirmative action to address historical injustices.
Perhaps most significantly, the 18th Amendment to the Constitution, passed in 2010, is a testament to the resilience and evolution of Pakistan’s democratic system. It devolved greater powers to the provinces, transferred key powers from the president to the prime minister and the Parliament, and ensured greater financial autonomy for the provinces.
In a time fraught with political discord, HRCP calls on all political stakeholders and citizens to rally behind the shared values of the 1973 Constitution. At the same time, HRCP believes that the spirit of the Constitution provides the necessary room to review and improve the state’s ability to secure all people’s rights without any grounds for discrimination.
