Hasty Amendments Undermine Our Judiciary

The Constitutio needs protection

A hasty amendment has no impact on the well-being of the general public. Normally a constitutional amendment seems to be a heavy task rather than a rare phenomena in a real democratic country however here in Pakistan; it is not a big deal and can be managed esily. It reflects the importance of our constitutional aptitude and immaturity of political wisdom. Sometimes it happens to show one-man authority or to gain some mischievous benefits which are beyond the welfare or wishes of the general public.

A constitutional amendment is a formal change or addition to a nation’s constitution, which outlines the fundamental laws and principles governing a country. In many democracies, including the USA, India, and Pakistan, amending the constitution is a significant process requiring approval by multiple branches of government and it takes many years of debate to complete.

The Constitution, thus, is not only a document of laws but a guarantee of individual freedoms, equality, and a framework for a balanced society. These fascinating features are never ever seen or tried to bring for the general public in Pakistan and the Constitution remains a decorated instrument or so called system of democracy despite claiming that we are independent, having nuclear power and we are 250 million people living in Pakistan

Amendments are typically proposed by members of the legislative body such as Congress or Parliament. In some countries, amendments can also be proposed through a referendum or by a constitutional convention.

Most countries require a supermajority, like two-thirds or three-fourths in the legislature to pass an amendment. Some countries also require ratification by states or other political subdivisions.

Once approved by the legislative body or Parliament the amendments may need ratification by state legislatures, regional governments, or even the public through a referendum, depending on the country’s rules.

The Constitutions often outline what can and cannot be amended. For example, fundamental rights or the independence of the judiciary might be protected from certain changes to preserve essential democratic principles.

In some countries, courts can review amendments to ensure they align with the constitution’s core principles or “basic structure.” This power allows the judiciary to safeguard the constitution’s integrity against potential abuses whereas Pakistan’s judiciary joined hands with designers.

In our  country Pakistan, the amendment process involves both the National Assembly and the Senate, typically requiring a two-thirds majority to pass. Each amendment reflects political, social, or economic needs, addressing contemporary issues or refining constitutional mechanisms to meet the evolving needs of governance. At present Pakistan is facing multiple crises and instability of the political system, which also diminished the judicial system of Pakistan weakening the entire theme of democracy, our religion Islam and moral values.

And this democratically hated situation is not the first time in Pakistan. It used to happen after every 10 or 15 years as we tolerated this influx in 1999-2007 as a matter of routine and our history is full of these disastrous incidents. Interestingly we do this under the banner of democracy and Islam whereas our economy and social structure have collapsed so many times and we are mortgaged to the IMF and other multilateral financial institutions, but our institutions didn’t learn anything. However, the general public paid a high price to subscribe to this poverty on a permanent basis.

One more bitter point to argue that our institutions, particularly the establishment and judiciary, claimed that they are saving Pakistan without realizing the miseries of the public and spirit of founders of Pakistan Allama Iqbal and Quaid-e-Azam.

Whereas the actual position of our Constitution of Pakistan 1973 shows  significance for the general public as it serves as the foundation of the country’s legal and political framework, ensuring rights, liberties, and governance structures.

Our Constitution safeguards citizens’ fundamental rights, such as freedom of speech, religion, assembly, and the right to a fair trial. This empowers individuals by providing legal recourse when these rights are infringed.  It establishes the principle of rule of law, meaning that all citizens, regardless of status, are subject to the law. This protects the public from arbitrary actions by authorities and promotes fairness and justice.

The Constitution aims to create a just society by promoting social, economic, and political justice. It emphasizes equal opportunities for all citizens, regardless of gender, ethnicity, or socioeconomic status.

It defines Pakistan as a federal state, where power is divided between the central government and provincial governments. This devolution of power ensures that regional interests are represented and protected.

The Constitution places checks and balances on government institutions, including the executive, legislative, and judiciary branches. This separation of powers prevents any single institution from becoming too powerful, helping prevent abuse of authority.

The Constitution sets the basis for democratic processes, including the electoral system, ensuring that citizens can choose their leaders. This helps maintain a government that reflects the will of the people.

It promotes a sense of national identity by emphasizing shared values and a common legal framework. This contributes to unity among the diverse cultural, ethnic, and linguistic groups within Pakistan.

The Constitution, thus, is not only a document of laws but a guarantee of individual freedoms, equality, and a framework for a balanced society. These fascinating features are never ever seen or tried to bring for the general public in Pakistan and the Constitution remains a decorated instrument or so called system of democracy despite claiming that we are independent, having nuclear power and we are 250 million people living in Pakistan.

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Akhtar Aly Kureshy
Akhtar Aly Kureshy
The writer is an Advocate Supreme Court of Pakistan, Law Professor, member International Bar Association and former Assistant Attorney General for Pakistan.

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