In modern times, the state is unthinkable and inconceivable without a
constitution of some kind. A constitution may be written or unwritten, in an
unwritten constitution, like that of England these fundamental rules and
principles are scattered over many documents, legislative enactments, judicial
decisions and usages. In a written constitution, like that of Pakistan, USA, and
India these fundamental rules and principles are embodied in one constitutional
documents drawn up by a constituent Assembly or a similar constitutional making
State as a political organization which is administered by a group of persons
known as the government. When we say government of a state it means basically
the executive the legislative and the judiciary. But this government cannot run
the state according to their whim and caprice. There have been certain
rules,regulations and principles on the basis and under the authority of which
the government can run the state, this set of principles is called the
Constitution, without it anarchy would result in the administration of the
According to lord bryce " The constitution of the state Consists of those rules
or laws which determine the form of its government and the respective rights and
duties of its towards its citizens and of the citizens towards the government"
Our country has a long history of abrogation and suspension of constitutions.
Our first constitution which came into enforceability after nine years of
independence of Pakistan in 1956 was unfortunately abrogated in 1958, only
enforceable two years, and our second Constitution which was promulgated by
President Ayub on 1 March 1962 and finally came into effect on 8 June 1962. The
Constitution contained 250 articles divided into twelve parts and three
schedules. With the enforcement of this Constitution after 44 Months, Martial
Law came to end, but that Constitution was also abrogated by General Yahya khan
in 1969, and our third Constitution which was enforced on March 1973 under the
government of Zulfiqar Ali Bhutto. The 1973 constitution was distinguish in many
things from those two previous abrogated Constitutions.
In this piece of writing I will discuss that why our country is on the verge of
devastation and destruction?
and Which factors leading us to destabilization?
I will say that, the root of those serious trouble and tribulations are that our
Constitutional institutions are dismantled and are not functioning as per the
provisions enshrined in the Constitution.
We have many provisions of Constitution which looks so nice while reading them,
but when we see their applicability or practicability, we are harshly
For instance we have provisions of fundamental rights guaranteed in our 1973
Constitution , and the sole purpose of those fundamental rights are to act as a
check on unlimited powers of state or arbitrary powers of state because the
state authorities do not have unfettered and unbridled powers, they are subject
to law and constitution , notwithstanding we have constitutional guarantees but
we always witness gross violation of fundamental rights on daily basis.
The principles of Rule of Law are enshrined in our constitution but practically
rule of law is undermined as in the words of Oliver Goldsmith " Law grind the
poor and rich man rule the law."
Constitution requires our elected representatives to be dedicated person having
moral conscience, legal awareness, commitment to democracy, and abiding faith to
run the Government in accordance with the constitution and the law. They should
be above greed or lust for power and refrain from violating Democratic norms and
constitutional provisions, but what we witness, the elected representatives are
busy in money making, corruption, money laundering , illegal occupation of
private and government properties, having Benami properties, appointing the
incompetent people to crucial posts through nepotism and favoritism and killing
the very spirit of meritocracy.
Article 158 is deliberately violated which says "provinces producing gas will
receive gas in precedence over other provinces"
Due share of budget is not transfered to federating units. This list of
violation of constitutional provisions is too big to sum up in this column, but
if we really want to see our country prosperous and develop then we have to
fully maintain the supremacy of Rule of Law and obedience to Constitution and
the state functionaries the executive, legislative and judiciary should work in
harmony and within the constitutional limits and jurisdictions and one should
not interfere and disrupt the other and let the principles of trichotomy of
power(the idea to ensure that the state organs perform their respective
functions within the stipulated limits and constraints) be upheld with
Constitutional limits, and let the conflicts between federation and provinces on
administrative, economical, legal and political basis be harmonized and resolved
purely on constitutional principles and provisions. Finally if our Constitution
be fully functioned and applicable as per the provision of Constitution than no
power on earth can shun us from the path of prosperity and development and in
last the great Abraham lincoln has aptly said that "Don't interfere with
anything in the Constitution. That must be maintained, for it is the only
safeguard of our liberties".