One could argue that Pakistan is not suffering from symptoms of hyper nationalism and pan-Islamism, at least, not to the extent of its neighbour India where the ideology of Hinduvta is coursing through a large section of the Indian society
However, Pakistan’s make-up, at its very core, is overwhelmingly religious
Even though it is a South Asian state which was carved out of India, it appears Pakistan is obsessed with finding a way to link itself with the Middle East in order to align itself with Islamic history, which ironically will only further its historical amnesia
Pakistan’s constitutional history has experienced a number of aberrations and therefore, has been drafted and implemented thrice
The conflict that arises due to the attempted amalgamation of religion and politics is due to the Objectives Resolution 1949
The resolution is considered a primordial piece of law that is deemed to be of utmost importance to the constitution itself
The Objectives Resolution passed in 1949 was taken as the preamble of the previous constitutions passed
In 1985, due to Zia’s rampant Islamisation, it was introduced as Article 2 and Article 2A through the eighth amendment which made it an integral part of the constitution
However, Pakistan’s movement towards becoming an overzealous religious society can be traced back to pre-partition times
It is a known fact that Pakistan and India’s constitutional differences were pronounced from the very beginning
The contrasting political and ideological approaches adopted by the dominant parties of the two countries before partition led to successive civilian governments in one country and a stop-start democratic process in the other
In her book The Promise of Power: The Origins of Democracy in India and Autocracy in Pakistan Maya Tudor points out some very basic reasons for the difference between political setups that governed the two states post partition
Firstly, there was a difference in the types of social classes that were leading the political parties and by extension, the two countries at the time
In Pakistan’s case, it was the Muslim land-owner aristocracy and peasants who led the freedom struggle
In Congress’s case, it was the educated urban middle class who motivated the less affluent members of society against the British Raj
The second factor that influenced the nature of Pakistan as a state was the strength of the dominant political parties and consequentially, the interests they represented
It was foreseeable that the All India Muslim League was the only party that was going to rule Pakistan following partition
In India’s case, Congress was the one with the majority, but it wasn’t the only political party in existence and therefore, different and diverging class interests were represented
Tudor then draws a comparison with the type of alliances formed within and outside the party which also set a pattern for the type of “regime” post partition
In this regard, the third aspect that influenced constitutional formulation in Pakistan was the alliances formed by the Muslim League
As discussed in the previous points, the Muslim League primarily consisted of Nawabs or rather, aristocrats
There was a clear divide between the poorer segments of society and their leaders
An attempt to bridge this gap was made through religion and so, the clergy was given greater importance and a more visible role in politics
Ultimately, it led to the formal creation of an Islamic republic and arguably, a discriminatory constitution
Pakistan has had three constitutions; one issued in 1956, another in 1962 and finally, the present day 1973 constitution
The 1956 version has had a noticeable impact on the existing constitution whereas some portions from the 1962 draft have also been included
The 1973 constitution is considered to be democratic by large sections of society, however, it is the very nature of the document which ironically contests the claims of Pakistan being a democratic state
A cursory look will show us that the preamble of the constitution known as the “Objectives Resolution of 1949” essentially ends the case for Pakistan ever becoming a secular society
The term secular in Urdu means ladeeniyah, that is; not to do with religion whereas, the word stands for the separation of religion and politics
The adoption of the Objectives Resolution was enacted in order to give the process of drafting the constitution a direction
The resolution starts by stating that sovereignty belongs to Allah
It then goes on to elaborate that the authority is given by Him to the state of Pakistan through its people is to be exercised within the limits set by Him
Throughout the rest of its text, it continues to mark the case for Islam to be the state religion, for instance, by stating that, “the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed
” The resolution, when put forward by Liaquat Ali Khan, was vehemently opposed by the non-Muslim members of the parliament
The members included Prem Hari Barma and Srisi Chandra Chattopadhyaya
These members asked for a motion that elicited public opinion instead of one that was directed to empower one particular religion
However, this proposal was vetoed by Liaquat Ali Khan
This exemplified how the lawmakers of that time were laying the foundation of a religiously zealous society
The speech by Birat Chandra Mandal debated that in India, pundits did not force the political thinkers to use terms that promoted a particular religion and even the pre-dominantly Christian America abstains from doing the same, why was the Pakistani constitution being subjected to such a limitation? The concerns put forward by most of the minority members were regarding religious terminology
They wanted to omit words such as “enunciated by Islam,” and replace them with generalised, democratic and inclusive terms
Countless other suggestions were given and debated upon, but the Objectives Resolution 1949 of the nascent state passed without giving due credence to the wishes of its minority
Admittedly, Zia made the situation tangibly worse when he came into power
He started by making the resolution a part of the constitution itself
Therefore, instead of being the preamble, it became a codified portion of the document in the form of article 2A
Furthermore, the original resolution stated that, “adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures
” Zia removed the term “freely” from the above provision, essentially signifying his intent to turn Pakistan into a constrictive environment for non-Muslims
Prior to this, one can say that the resolution was an overarching stipulation to create an Islamic society, but Zia brought the inherent deficiencies of its text to the forefront
The tone of religious acrimony had already been set back in 1949 and Zia merely expedited it
Therefore, although Zia receives the lion share of the blame for the complete Islamisation of the nation, it can be seen that, from the very beginning, our political leardership, barring Jinnah, intended for the constitution to make democratic secular principles subservient to that of Islamic ideology and the whims of the local clergy
Date: | 01-Feb-2020 | Reference: | View Original Link |
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