Evolution of Constitutionalism in Pakistan: Challenges and Prospects
Abstract
The evolution of constitutionalism in Pakistan, since the country’s birth in 1947, has since been through a process of alternating phases of democratic governance and authoritarian rule. In essence, this study will examine the history of constitutional development in Pakistan, paying attention to the promulgation of the 1956, 1962, and 1973 constitutions and how Constitutionalism have developed, also taking stock of judicial activism in their respective role of upholding and interpreting the constitutional principles. The constitutional journey of Pakistan under its constitutional guarantees of the democracy, federalism, and the fundamental rights have been extremely challenging one through frequent military interventions, political instability, and balance of powers between civil institutions and non-elected power centers. It brings out the fact that repeated martial laws, particularly under Ayub Khan (1958-1969), Zia-ul Haq (1977-1988), and Pervez Musharraf (1999-2008), impinged the constitutional continuity and undermined the democratic norms. Religious conservatism has also made the constitutional governance more difficult due to ethnic fragmentation, sectarian conflicts and all. It also presents current possibilities of constitutionalism and the importance of judicial reforms, the 18th Amendment’s decentralization attempt, and civil society when enhancing democratic accountability. With institutional imbalances and legacies issues ongoing, it asserts that recent development like when the Supreme Court stands up to guard human rights and democratic values has promise of constitution order being more resilient. Through merging historical analysis with present debates, this article underlines the need for inclusive discussion, an equitable application of laws, and a new contract in terms of social, to tackle Pakistan’s constitutional issues. In other words, if constitutionalism is to survive in Pakistan, it will have to rest on a tradition versus modernity balance, a conscious effort to empower representative institutions, a true culture of rule of law.
Keywords: Constitutionalism, Pakistan, Judicial Activism, Military Interventions, Democratic Governance, 1973 Constitution, Federalism, 18th Amendment, Rule of Law.
