1956 Constitution Could Have Saved Pakistan

When Mother-e-Millat Fatima Jinnah decided to challenge the Field Marshal in the 1965 presidential elections, she demanded the restoration of the 1956 Constitution. She was well received in East Pakistan. In the western wing, she also attracted large crowds at her public addresses. The usurper was taken aback by her support. The self-bestowed rank of Field Marshal (FM) was also challenged in the Lahore High Court (LHC). Those were relatively better times; integrity was respected and taken seriously. To avoid embarrassment, the rank was withdrawn temporarily before the elections. Though the President prevailed, it proved to be the beginning of the end for the usurper. Three years later, street protests started against his misrule. He was forced to step down in March 1969. His dream of a Haripur Empire died with his removal from office. The planned road to connect his village with the new capital remains incomplete to this day.

The elections in 1970 were held to elect a legislative assembly to formulate a new constitution within a specified period. The results came as a big surprise for the establishment. Instead of a divided house, two major parties emerged. The Awami League won all the seats in the eastern wing except two (Nur-ul-Amin and Raja Tridev Roy), while the People’s Party, with 81 seats, emerged as the clear majority party from the western side. Instead of playing games with the people’s mandate, the restoration of the 1956 Constitution could have strengthened the federation and saved Jinnah’s hard-earned Pakistan, but it was not meant to be. Bangladesh emerged on the world map after a bloody civil war and the surrender of the armed forces.

Some lessons were learned. When Zulfiqar Ali Bhutto (ZAB) took the oath of office, first as President and later as Prime Minister (PM), he said, “I have come to pick up the pieces of what remains.” To move towards normalcy, the 1972 Interim Constitution was first enacted, to be followed by the 1973 permanent consensual document to strengthen the federation as envisioned by the father of the nation, Muhammad Ali Jinnah, the Quaid-e-Azam. Until 1975, the system worked well. While political forces were gaining strength, the establishment was in retreat, licking its wounds after the 1971 debacle. The dismissal of NAP-JUI governments in Baluchistan and Frontier (now KP), followed by military action, started the slide downward. The Hyderabad Tribunal was set up for the trial of political stalwarts like Abdul Wali Khan, who was also the Leader of the Opposition in the National Assembly (NA).

The election results in February 2024 came as a surprise for the establishment. Despite impediments, the people’s mandate was loud and clear. Now the 1973 consensual Constitution, so carefully formulated by the genuinely elected representatives of the people, has come under attack. Forced unilateral amendments create more problems and pitfalls instead of providing remedies. The Islamic Republic of Pakistan (IRP) has suffered enough by treading this treacherous path. Zia’s marketing of Islam and Musharraf’s enlightened moderation have only weakened the federation. Their unilateral amendments ended with their departure, but the scars remain.

A constitution is an agreement between the rulers and the ruled that must be respected and revered, not trampled at will by a few. Pakistan is the only country in the world that has had to enact four constitutions (1956, 1962, 1972, and 1973), and now the disfigured and trampled version of the last is being forced upon the nation. Compared to all the earlier versions, the 1973 document has the highest legal authority, as it is backed by the solid consensus of the nation. It carries the signatures of all the elected legislators except the outlier and rebel, Ahmed Raza Kasuri, who pursued the murder case against ZAB, for which the Supreme Court of Pakistan (SCP) had to tender an apology nearly five decades later.

Adherence to the Constitution is the best way forward. Those in authority have already taken an oath to defend and follow the document. For the rest, I am enclosing an oath:

“On my honor, I will do my best to do my duty to God and my country and to obey the Constitution.”