Objectives Resolution – An Unfulfilled Objective: An analysis of the impact of Objective’s Resolution in the Court in Pakistan since 1949
(Syed Muaz Shah)
Abstract:
The Objectives Resolution was passed in March 1949 by Liaquat Ali Khan and has served as the symbolic core of Pakistan’s constitutional journey. Mired by controversy, some would say was undeserved, it has waivered from empty words on a piece of paper to substantive constitutional value and power. From pre-ambalic value, it has entered the foray of discussions and debates on a legislative front but more importantly, before the courts of Pakistan, it has formed a significant core behind major judicial decisions of constitutional import. Since 1985 it has gained further importance and significance as it was annexed within the Constitution and inserted through the 8th Constitutional Amendment as Article 2A making it a substantive part of the Consitution. It’s impact has had far-reaching implications since the 1990s being at the center of the justiciability of fundamental rights via Article 199 & more importantly Article 184(3), supra-provisions enabling High and Supreme Courts respectively to hear matters directly on fundamental rights. From Darshan Masih Case to all suo moto cases before the courts today it has shown its influence in determining how fundamental rights are perceived and adjudicated. The lack of study on it’s significant impact as the grundnorm of the constitutional foundations of Pakistan has led to a complex confusing understanding by some – this paper hopes to clarify that position and illustrate the true significance of the Objectives Resolutions and it’s impact in the Courts of Pakistan and how key it will be for any future constitutional discussion on Pakistan.
Keywords: Objectives Resolution, Islamic Law, Constitutional Law, Pakistan Law, Constitutional Development
Basic Structure Theory and Pragmatism- Balancing Constitutional Interpretation and Practical Governance in Pakistan
(Muhammad Saad Saleem, Aqsa Tasgheer)
Abstract:
This study examines the relationship between the Basic Structure Theory and pragmatism in the context of constitutional interpretation and governance in Pakistan. It explores the historical development of the Basic Structure Doctrine in Pakistan’s constitutional justice system and its role in safeguarding the authenticity of the constitution. The notion of pragmatism emphasizes on the significance of modifying constitutional tenets to effectively address the evolving demands of a country. Pragmatic factors, such as financial prosperity, societal well-being, and political stability have a major impact on the decision-making procedures of government. The study analyzes case studies to demonstrate the intersection between the Basic Structure Theory and pragmatism in Pakistan’s constitutional landscape. It also examines the conflicts and difficulties that arise when reconciling constitutional principles with pragmatic governance. The article argues in favor of a cohesive association between the Basic Structure Theory and pragmatism, suggesting that a well-rounded methodology for interpreting and implementing the Constitution can establish a proficient and accountable system of governance while upholding the fundamental principles of the Constitution. The research provides valuable perspectives for policymakers, scholars, and practitioners of constitutional law, helping them navigate the complexities of constitutional jurisprudence in Pakistan. Overall, the study emphasizes the importance of maintaining a balance between constitutional interpretation and pragmatic governance to address present-day challenges.
Keywords: Basic Structure, Pragmatism, Constitution, Governance, Pakistan
Decolonizing the Constitution: Questioning the Legacy of Colonial Laws in Pakistan
(Shahal Khoso)
Abstract:
The constitutional history of Pakistan and its final form, the 1973 constitution, provides an understanding of why it is time for the federation to ponder over a new constitution. The existing cleavages between institutions, lack of balance and de facto separation of power between stakeholders, along with the failing rule of law have distorted national cohesion on multiple levels. Since its inception, legal and political discourse in Pakistan has failed to point out the elephant in the room (and in the constitution), which is the reality of being a federation with a colonial history. This chapter argues that the presence and glorification of archaic British colonial laws in Pakistan’s constitution(s), based on the Government of India Act of 1935, among other Colonial Acts, may explain its democratic boom and authoritarian bust. The research aims to highlight the critical role of these laws in shaping the nation’s legal landscape, among other ramifications including ethnic relations, institutional power, and centre-province relations. Moreover, this chapter argues that the use of laws from the colonial era, devised to control the colonised and extract mass resources from the colony, perpetuates legal loopholes that various stakeholders exploit to their advantage. Further, this chapter sheds light on the far-reaching implications of retaining colonial laws and the production of a patron-client relationship spread across institutions and regions, which creates a culture of dependency and a power asymmetry. Consequently, the notion of the supremacy of law and a collective respect for the constitution becomes compromised. Finally, this chapter advocates for decolonising the 1973 constitution with an urgency to expunge colonial laws and replace them with statutes that reflect Pakistan’s modern democratic principles. Through a theoretical and comparative approach to Pakistan’s historical legal legacies and their contemporary implications, this research contributes valuable insight for deliberation on decolonising the constitution to focus on better governance, inclusive policies, and synergised frameworks.
Keywords: Constitutional History, Colonial Laws, Ethnic Relations, Rule of Law, Legal Theory
The Constitution of Pakistan and Social Inclusion of Vulnerable population: Impeding factors and way forward
(Dr. Muhammad Arif)
Abstract:
Current study explores interventions by successive governments at policy, legislative and administrative levels for social inclusion of vulnerable segments into main stream strata of society and protection of their rights. The vulnerable segments include minorities, women, children, persons with disabilities and transgenders. Primary objective of this study is to identify key interventions for social inclusion and find out factors affecting their implementation. The study attempts to answer the research questions: (i) What are the key interventions introduced by the governments for social inclusion and protection of vulnerable population? (ii) what are the factors that impede implementation of interventions? The input – output analysis by David Eastin provided a suitable theoretical framework to identify the “inputs” in forms of demands for interventions and decisions by the governments as “output” in the political system. Qualitative research methodology has been applied for in-depth understanding of the phenomena involved in pushing the governments to protect the rights of venerable people. The data collected from primary and secondary sources has been analyzed by using content analysis, a method of qualitative data analysis. Findings indicate that Parliamentary Standing Committees, Civil Society Organizations (CSOs), and Intelligentsia played active roles in addressing and creating demands for social inclusion of vulnerable population and protection of their rights. The findings indicate that stereo type roles and attitudes of bureaucratic apparatus as well as socio-cultural setup in Pakistan impede the implementation of human rights laws and other interventions. This study also suggests policy recommendations which include strengthening of local government system, promotion of research-based decisions, replacing bureaucratic hierarchy with experts and adherence to principles of International human rights laws and guidelines.
Keywords: Constitution, Human Rights, Social Inclusion, Vulnerable Population, Impeding Factors
The impact of 18th Amendment based Decentralization of Environmental Governance on Achieving Sustainable Development in Pakistan
(Dr. Khalid Farooq Akbar)
Abstract:
Environmental governance is considered a key instrument to get the sustainable development that requires full information, sound decision making procedure, implementation of rules and their execution according to the internationally accepted standards about environment. While Pakistan has made progress in devising legislations and laws to contain and manage major environmental issues, it is still not as close to its target of achievement of sustainable development despite several decades of efforts at environmental regulation and governance. This paper aims to assess the post-18th amendment scenario in Pakistan regarding achievement of sustainable environment in Pakistan. It evaluates the aims and objectives of creation of 18th amendment in relation to environmental governance and analyses whether the expectations of this amendment to improve Pakistan’s environment have been met and if not, why? For this purpose, the performance and standing of Pakistan against some globally used parameters of environmental development are used. Further, it examines post 18th amendment challenges particularly the overlapping of authority and lack of cooperation among federal and provincial governments. It also includes a comparative analysis of Pakistan’s current environmental legal framework with that of other countries to understand how these countries have achieved success in fostering sustainable development with their environmental legislations and jurisdiction. Finally, some recommendations are suggested to find solutions for better legal and institutional frameworks that will facilitate the quest for environmentally sustainable development in Pakistan.
The Right to Live in Pollution Free Environment: A Critical Study with Reference to Article 9 of Constitution of Pakistan
(Shehr Bano, Husni Mubarak)
Abstract:
The Environmental Rights are defined as an expansion of the fundamental human rights which require by mankind. The prevailing pollution issues are widely leading to the contamination of the environment all over the world. The duty of state is grounded on the mandate of justice it is widely recognized that the state has obligation to provide environmental justice which is easily accessible through proper adjudication and effective environmental tribunals. The concept of environmental justice in Pakistan was introduced in “Shehla Zia vs. WAPDA” and in fact there is a long list of cases, in which it was settled that right to life and the protection of environment is an alienable right. Article 9 Right to Life of the Constitution of Pakistan covers all facets of human existence. The core idea of a clean and healthy environment is entitled people to live in healthy, clean, and safe environment which is the result of the judicial interpretation of article 9. The right to life ensures better environmental protection of natural resources, protection of species, and peaceful enjoyment of life. This paper analyses the inviolable nature of this fundamental right under article 4 (a), but on the flip side, it focuses on the non-absoluteness of this right. Moreover, this article discusses landmark cases decided by judiciary, which encompass such facilities that naturally a free-born person in a sovereign country is entitled to enjoy its life. In this paper author discusses the judicial activism and contributions of constitutional jurisprudence in advancing the environmental regime with special references given to the importance of “right to life” in becoming a legal justification for the courts to incorporate the right to healthy environment as a natural part and parcel of the right to life and author also describes, the successive liberalization of locus standi in human rights cases and the invent of public interest litigation channeled through highest courts under article 184(3) and 199 of constitution of Pakistan 1973. A new discourse analysis methodology has been created for this article that provides evidences relevant provisions and case laws of pollution free environment.
Keywords: Environmental Justice, Judicial Interpretation, Inviolable, Judicial Activism, Public Interest Litigation.
Digital Democracy and E-Governance: Transforming Political Participation
(Dr. Fouzia Ghani, Mr. Omer Khawar)
Abstract:
In the evolving landscape of governance and political representation, the convergence of digital technology and democratic ideals has paved the way for a new era of engagement. This research presents a comprehensive inquiry into the transformative potential of digital platforms and e-governance tools in redefining political participation and representation. With a special focus on Pakistan, this study endeavors to elucidate the multifaceted impact of digital democracy and e-governance on political representation, aiming to uncover how these tools enhance citizen engagement, enable inclusivity, and reshape the dynamics of political participation within the unique context of Pakistan. Drawing from qualitative research approach, this study employs majorly on secondary data sources, including case studies of successful e-governance initiatives, and an extensive review of scholarly peer-reviewed literature provide a holistic foundation for the analysis. The study has adopted a mixed-methods research design, integrating qualitative content analysis and comparative case studies. The exploration is structured around the examination of various digital platforms and e-governance tools, considering their implementation, citizen utilization, and resultant impacts on political representation. Preliminary findings indicate that digital democracy and e-governance have the potential to substantially amplify political participation, particularly among segments of society traditionally marginalized from the political process. The study reveals instances where e-governance initiatives have facilitated direct engagement between citizens and policymakers, fostering a more transparent and responsive governance structure. Moreover, the research underscores the role of digital platforms in fostering an environment of informed decision-making and collective action. This research contributes to the discourse on the future of political representation within the constitutional framework of Pakistan, shedding light on the transformative possibilities offered by digital democracy and e-governance. By harnessing the power of technology to bridge gaps and broaden participation, this study offers valuable insights into how these advancements can shape the democratic trajectory of Pakistan over the next 50 years.
Keywords: Digital Democracy, E-Governance, Political Participation, Political Representation, Inclusivity, Technology, Civic Engagement, Pakistan.
Local Governance and Grassroots Democracy: Strengthening Political Representation
(Dr. Fouzia Ghani, Ms. Marriam Mubashar)
Abstract:
As Pakistan commemorates 50 years of its constitution, the imperative to fortify alternative avenues for democratic principles and political representation assumes paramount significance. This research delves into the intricate interplay between local governance structures, grassroots democracy, and the augmentation of political representation within the Pakistani context. The decentralized nature of local governance provides a fertile ground for nurturing participatory democracy and fostering a more inclusive political landscape. By examining the role of local governance institutions, this study sheds light on their ability to bridge the gap between citizens and the formal political apparatus. Furthermore, the research examines the ways in which local governance empowers women and marginalized and underrepresented segments of society, ensuring their meaningful participation in the political realm. Through extensive case studies and empirical analyses, a mixed-methods approach is employed to assess how initiatives championed by local governance structures directly contribute to the enhancement of political representation. Incorporating data from scholarly documented sources, this research draws upon a diverse range of perspectives to illuminate the multifaceted dynamics of local governance and its impact on political representation. The findings are contextualized within the evolving constitutional landscape, highlighting the pertinence of local governance as a potent tool for realizing the democratic aspirations enshrined in the Constitution of Pakistan. By fostering a culture of active citizenship, inclusivity, and shared decision-making, local governance paves the way for a more vibrant and responsive political ecosystem. Ultimately, this research offers insightful reflections on how local governance can serve as a blueprint for shaping the next phase of Pakistan’s democratic journey. It advances a nuanced understanding of the symbiotic relationship between local governance, grassroots democracy, and the consolidation of effective political representation, setting a compelling agenda for discussions that resonate with the constitutional aspirations of the nation.
Keywords: Local governance, Grassroots democracy, Political representation, Participatory democracy, Constitutional evolution, decentralization, and citizen participation.
Scope and Limitation of Delegated Legislation in Pakistan: A Critical Analysis
(Ammara Nosheen)
Abstract:
This research work aims to discuss the effects of delegated legislation entrusted by the parliament to share its extreme burden of legislation. The delegated legislation includes all sorts of subordinate legislation framed in exercise of the powers conferred by the parliament. However, unchecked delegation of legislative authority has the potential to seriously harm the interests of the general public or those who would be immediately impacted. Unfortunately, it does not appear that Pakistan’s other two governmental segments, the judiciary and the legislature, have made any significant efforts to oversee this institution of legislation. The parliament has not demonstrated any desire to take responsibility of this issue. To protect the public interest, it is the basic need to provide a control mechanism for every segment in the society in Pakistan because a valid piece of delegated legislation has the same legal effects as one passed by the parliament. This theoretical research work will enlighten delegated legislation in the light of case laws by highlighting its importance, consequences as well as critical analysis on the subject. In the present scenario, an effort has been made through this study to explain the limits of delegated legislation in Pakistan by highlighting the gaps in this area that require the legislature and judiciary to pay serious attention. While concluding, some humble suggestions are made based on the analysis of judicial rulings in the area of delegated legislation and parliamentary practices currently in practice throughout the country. These suggestions may offer workable solutions to the current issue and, ultimately, may help safeguard the interests of the general public for the purposes of their welfare.
Keywords: Delegated legislation, scope, limitations, Pakistan
Analysis of the Concept of Delegated Legislation and Implementation in Pakistan
(Sidra Zaman)
Abstract:
Delegated legislation /Sub-ordinate legislation is regulation under the primary law control of an administrative branch to enforce and execute the primary law criteria. This is an act created by another individual or entity but with legislative authority. Delegated legislation refers to the process of delegating the power to make laws for a particular state, defined area, or unit of government to another body.
Usually, law-making authority in Pakistan rests with Parliament: National Assembly, and Senate. However, the process of delegated legislation allows the government to make laws and modify or alter sanctions without waiting for a parliament to intervene. To simplify, delegated legislation is laws made by bodies/authorities other than parliament, nevertheless, with the permission of parliament. so, the doctrine of delegated legislation suggests that Parliament, through an Act of Parliament, can allow another/additional person(s) or body(ies) to make further legislation.
The most important aspect of Delegated legislation is that it does not affect the jurisdiction of Parliament, but it can have an impact on its powers.
The aim of this research work is to analyse the concept of delegated legislation and implementation in Pakistan. In addition to that it would examine the various aspects of delegated legislation, its importance and significant impact. It will further discuss the most important concept of the Doctrine of Permissible limits under delegated legislation.This research paper will based on doctrinal research methodology. Further, Secondary sources books, law, magazines, articles and law journals would be used by the researcher to gather the data.
Keywords: Administrative Law, Delegated Legislation, Parliament, Senate, National Assembly, Doctrine of Permissible limits under delegated legislation
From Policies to Implementation: A Quantitative Study into Obstacles to Women’s Empowerment in Pakistan
(Tayyaba Khurshid, Hamza Zaman)
Abstract:
Women’s social inclusion and political participation is regarded as vital prerequisite to a functioning democracy. Women’s empowerment is indispensable for the progress of any society and country. Several constitutional provisions, laws and initiatives have been introduced to ensure women’s social inclusion and political participation in Pakistan. These include Article 25 and Article 34 of the 1973 Constitution, the Representation of Women in Political Parties Act 2002, the Protection against Harassment of Women at the Workplace Act 2010, the National Commission on the Status of Women (NCSW) and Women’s Empowerment Package 2009 among others. The allocation of quotas for women in educational institutions and government jobs as well as reserved seats for women in the Parliament also indicate the steps taken in this regard. However, despite these laws and initiatives, Pakistan has not been able to ameliorate women’s social integration and political representation as Pakistan ranked 153 out of 156 countries on the gender parity index published by the World Economic Forum. Pakistan’s ranking in economic participation and opportunity stood at 145, educational attainment at 135, health and survival at 143, and political empowerment at 95 out of 156 countries. Therefore, this research paper endeavors to investigate the reasons for the deplorable condition of women’s mainstreaming and political involvement in Pakistan despite the enactment of laws and targeted measures. A mixed methodology will be employed in this paper integrating both qualitative and quantitative approaches. Women’s viewpoints on the factors responsible for the lack of policy implementation are to be gathered through a comprehensive survey. In this way, the paper aims to identify the impediments to women’s social inclusion and political participation in Pakistan.
Keywords: Women’s Empowerment, Social Inclusion, Political Participation, Constitutional Provisions, Policy Implementation
