REPEAL SUB-ARTICLE (2) OF ARTICLE 29 AND SUB-ARTICLE (2) OF ARTICLE 30 OF THE CONSTITUTION OF PAKISTAN TO MAKE IT

TO MEET THE REQUIREMENTS OF THE

WELFARE STATE

                   The purpose of written constitution in a Democratic, Federal State, in my view, is that each organ or authority of the State, the Federating Units and the people should know with certainty their duties and rights. This is the written form of the agreement between the framing fathers of the Constitution with the individuals of the State that what has been written there in the Constitution would be acted upon by all the organs or authorities, Federating Units and the individuals of the State strictly.

                   The definition of the State has been given in Article 7 of the Constitution, which runs as follows.

"In this Part, unless the context otherwise requires, "the   State" means the Federal Government, [Majlis-e-Shoora (Parliament)], a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess".

                   My point of discussion is PART II Chapter 2"”PRINCIPLES OF POLICY. Every political party so far copied the concepts stated in the Articles in this chapter in their own General Elections Manifestos but when came to power then forgot the promises, which had been copied in their manifestos from this Chapter of Principles of Policy either on one pretext or on another. Debts were obtained from the International Financing Agencies and Banks in the names of the people of Pakistan but the nation witnessed what progress was achieved through those loans?

                   The main dilemma lies in the Constitution itself. The framing fathers were more than enough gracious to their successors in office. They were farsighted and prudent people and manipulated the Articles in the Constitution in such way that they did not aggrieved the people of Pakistan but also did not empower them to have any sort of litigation with their successors in office or to stop the hands of the Government in the Court of Law from pursuing any detrimental policy both to the people and to the Exchequer. The people of Pakistan were merely placated with the Fundamental Rights in the Constitution but the actual welfare of the people of Pakistan lies in the acting upon by the PRINCIPLES OF POLICY.

                   They promised with the people of Pakistan that the State shall act in accordance with those Principles in so far as they relate to the functions of the organ or authority but at the same time protected those organs or authorities behind the pretext of the availability of the resources and thus the Principles were subjected to the pretext of the availability of resources.

                   The framing fathers did not consider it sufficient for the protection of their successors in office but went a step further in tying the hands of the people when it provided in the same Constitution that the validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall be lie against the State, any organ or authority of the State or any person on such ground.

                   It means that the individuals will be bound to act upon everything said to them but the State will be at liberty in ignoring those promises, which have been written since 1973.

                   The effective functioning of the organs of the State is subservient to the deletion of the provisions of the Constitution stated above in the heading. Every Government effectively implement that party of the Constitution which is related to its powers and privileges, salaries and allowances and T.A D.A and other benefits, strives to increase its powers through Constitutional Amendments but avoid that Part which is related to the Welfare of People and that is why every new Government ostensibly blames its predecessor in office for doing nothing for the people of Pakistan except looting the Exchequer through means. Every Government knows it very well that the people of Pakistan have been handcuffed by the framing fathers of the Constitution and they cannot do anything neither in the Court of law nor in elsewhere.

                   The Government is much anxious about the 97% of the Non-graduates of this Country that they should also participate in the election and declared the B.A condition against the Article 17 and Article 25 but should also be anxious about the jobs, health, education etc. of this 97% of the people. My contention is that the Government should endeavour for the welfare of the people of Pakistan with such zest and zeal with which it is seen for other matters.

                   The concept of a welfare State can be fulfilled only when both the Governors and the Governed can equally influence each other. When the written Constitution approved by the People's Representatives disable one Partner (People) and activate the other (State), then how it can be possible that the Country will progress? In such situation one partner is pushed to the wall and other become popularly elected despot, doing everything according to his will and ego having no legal check on him. It has become a fashion in Pakistan to condemn the previous Government for all the evils like misappropriations, corruptions, mismanagement of the resources of the Country and then itself exceed the limits in darkening the future of this nation.

                   The best example of the helplessness of the common people is that the previous Governments allowed industrialisation and everyone was quite free to set up industry anywhere but neither the Governments themselves conducted any arrangements for the permanent production and continuous supply of electricity nor the industrialists were asked to produce and use the electricity for their own industries. The continuous supply to the domestic consumers was forcibly interrupted because the majority of the people in the Governments were themselves industrialists. Consumers were in contract with the Wapda and Wapda was bound under the contract to ensure the continuous supply of power. The domestice consumers had the right under the Contract Act 1872 to challenge the interruption and to compel to ensure the continuous supply of electricity and also to challenge the unbridled policy of the industrialization to the detriment of the interests of the people but the Constitutional Provisions had already kept every consumer handcuffed to bring any suit against Wapda and Ministry of Commerce and Industries. It is necessary to be mentioned here that the Judiciary has also no jurisdiction to entertain any sort of Suits/Appeals and that is why the deposed Judges were "punished" for taking suo muto actions on such matters from which they were Constitutional barred to take although the Judges were rendered heroes for taking interests in the resolution of the miseries of the poeple but the exercise was illegal under the Constitution. Therefore, I am of the view that the legal fraternity instead of pressing the restoration should first ask the Government to repeal these provisions and pave the way for the subsequent action. If the deposed Judges were restored, they would not be able to do any good for the people. These two sub-articles act as chains for the whole governed class in the Country.

                   The fruit of real Independence of Judiciary is possible only when it can try and to give relief to the individuals in cases like mentioned above. When one cannot stop the hands of the sitting Government from pursuing any policy then there is no use to cry over spilt milk that is, after the termination of the tenure of the Government. I term such governance the autocratic, dictatorial and despotic form of the elected Government. Why the people should bear every hardship and see the drama of looting the exchequer until the next general election. Sugar crisis, wheat and flour crisis, energy crisis, price-hike of essential commodities and so many others are the examples of the Policies pursued. Real justice demands that an illegal or detrimental act should be curbed or if that happened then the Criminals be prosecuted and punished and the aggrieved be properly compensated.

                   If the Parliament believes in the Supremacy of the voters then the voters should be liberated to bring cases against the Policy of the sitting Government and the judiciary should be so much independent to adjudicate the cases without any fear.

                   Every sitting Government adopts a Policy in the National interests but the succeeding Government proves that Policy in the interests of a few in that Government. The previous Government spent Rs. 2,67,40,000/- on the launching ceremony of Women Protection Act 2006. Is the promulgation of any law needs so much of money? Similarly, a Parliamentary Secretary spent Rs. 43,20,000/- on his Medical Treatment. Is such amount is available to any other Citizen of this Country? [Source: Supplementary Demands for grants and Appropriations 2006-2007.]

                   If hope the present Parliament will take mercy on the people of Pakistan and will give them the right to Nip the evil in the bud.

                   The concept of Provincial Autonomy, in my view, is just the change of Masters/Rulers and will give no fruit in the presence of the above stated Constitutional Provisions. It is will give fruit only in that case when the people of every Province make accountable every Governor, Chief Minister or any other organ or authority in the Court of law. Abolition of the Concurrent List and shifting of the powers to Provinces is not the solution of the problem of the people unless and until the people of those Provinces have the power to ask for their rights in the Court of law.

                   If the Parliament wishes to see the people much more active and to play their role in the governance then it should remove the distance between the governing and governed classes by such Constitutional Amendments which may establish better working relationship between the officials of the State and the People of the Country.

                   At present, the payment of taxes and cesses is considered by the people as if the Government is legally looting and extorting them till the next General Election for themselves because they are bound to pay them taxes or cesses till coming into powers of other political parties and new people with enhanced spirit of asserting their rights. People should be taken into confidence in such way that they must pay the taxes without any compulsion and coercion and they should realise that what they pay would be spent on them and will not be misappropriated by a few persons in the Government and they should have a mechanism and powers to ask from even the sitting Government in the Court of law that how it spent the amount given in your custody?

                   In my opinion, strengthening of Parliament is a better idea but strengthening of the people of Pakistan is a best idea. The people should have Constitutional Authority to bring any functionary of the State to the Court of law for the clarification of his executive fiat and its repercussions on the people which if found contrary to the existing interests of the people. In this way, the fiat will be backed by the Judicial assent after due consideration.

                   In my opinion, the concept of Independence of Judiciary is hollow and an illusory dream, when a Citizen cannot challenge any act of the Government in a Court of law. The honesty and integrity of the Judge in the Court is meaningless and of no use to the general masses when the people cannot compel their elected Government to be on the right track and act according to the Promises made in the election manifestos. The concept of Equality of Citizen is baseless when he cannot ask the Court to compel the State departments that the Medical treatment facility, which is available to the President and the Prime Minster and others should also be available to him.

                   The people of Pakistan are not concerning with the Powers whether concentrated in the President's office or in the Prime Minister's office, who should be the Chief Justice or Judges in the Supreme Court or in the High Courts, the President should have the power of dismissal of the Parliament or not, Concurrent List in the Constitution should be abolished or not, they concern only that their daily necessities of life be fulfilled and the Government should perform in such way that the next Government may have no complaints of plunders of the exchequers because in that case the new Government considers itself justified in not doing anything better for the people due to lack of resources.

                   At this point, I want to share a story of a man's widow in my village whose husband was British Nationality holder. Both were living in United Kingdom. After the death of the man, the relatives of the woman asked her to come to Pakistan along with her children but she refused their request by saying that the British Government was paying her monthly pension, had undertook the responsibility of the Education, Health and other facilities of her children what they would do if they came to Pakistan? That woman saved so much cash from the pension that she purchased a plot in the village and constructed a big bungalow on it and is still in the Britain. She visits Pakistan in the same way as the big ones of our Country visits U.K.

                   Thanks to the State of United Kingdom, which provided a Pakistani widow with a better life in Britain without any financial miseries and enjoys other facilities of life?

                   The purpose of the story was to divert the attention of Senator Dr. Babar Awan, a prominent leader of the ruling party of PPPP, to this point that the time of implementation of his Academic Legal discussion on the TV relating to the laws extracted from the Holy Quran has come. Widows and orphans living abroad should be enabled to come to Pakistan by furnishing those conditions, which are prevalent abroad. Let the Pakistani people to come to Pakistan with proud being Pakistani instead of going there for better future. Mere talking about the CONCEPT OF WELFARE STATE on the TV in light of Quranic Injunctions is futile exercise when not done practically after coming into power and I hope that you have the capability to bring a Constitutional change in the destiny of this nation.

[If anyone needs to read the Constitution of Pakistan, please visit,

www.makepakistan.com or www.nrb.gov.pk.

Manzoor Ahmad

Marghuz Balar Khel, District Swabi, N.W.F.P. Pakistan.

Mobile No: 0345-9503142.

Email: manzoorahamdjalalmallb@hotmail.com