THE fundamental principles of consti- tutional law enunciate the relationship between different state organs as well as that between the state and the citizen. In Pakistan’s case, the spirit of such constitutional principles has been undermined throughout its history as an independent state.

An overriding executive reinforces the impression that the legislature acts as a mere rubber stamp when it comes to executive actions, and that the independence of judiciary is compro-mised time and again.

The existence of a parliamentary form of government suggests that a neat and clean separation of powers is not possible in Pakistan. The smooth functioning of such a setup rather rests upon and appeals to the essential and guiding spirit of constitutional principles upon which it is built.

The spirit of such constitutional principles is well-known, but has been brushed aside by power politics dominating the country’s political landscape. The fundamental law of the land refers to the text of the law as well as the spirit of the law. Focussing upon the text without any regard to its spirit is as absurd as the imagining of a living human being without a soul.

The reasons for catering to the needs of the text of the law without any regard to its spirit in the political culture of Pakistan are far too many to be narrated here. Society has evolved along such lines in Pakistan and the politics is conducted in such a manner in the country that we would have done pretty much the same had we not possessed a formal written constitution altogether.

What, then, is the purpose of having a written law? A law on the prohibition of corruption, for instance, does not merely mean that we should punish the ones who are involved in corruption, though we must. It means that corruption is such a grave offence and so much evil that it is punishable by law. Thus, people should avoid it at all costs. That is the true spirit of any law related to corruption in the country.

The inclusion of fundamental rights in the Constitution and the ratification of various human rights treaties and conventions by the state are not for the purposes of beautifying the constitution and looking civilised in the eyes of the world. The inclusion and ratification mean that we genuinely believe in the inalienable and fundamental rights of citizens and we are fully committed to protecting them. That is the essential spirit of such laws and treaties and conventions.

How many times have we seen the legislature or the judiciary or the executive upholding and prioritising such rights? The unjust killing of one human being in France set the stage for countrywide protests recently. In Pakistan, the fundamental rights of citizens are callously violated on a daily basis and we turn a blind eye to it all. Again, it is the spirit of the law that is missing in such cases.

Quaid-i-Azam Mohammad Ali Jinnah attached prime importance to the spirit of constitutional principles. Throughout his long struggle for Pakistan, he stood up for constitutional principles governing the relationship between different communal groups as well as with the British.

His assent to or disagreement with any piece of legislation during his political career was determined by the underlying just or unjust principle of it. We can, and should, learn much from him in this regard as we should do in many other respects.

Perhaps a focus on the spirit of constitutional principles would set the course for ending persistent and recurring political instability, ensuring the independence of judiciary, and securing the rights of the individuals.

Zeeshan Ahmad
Mardan

Published in Dawn, August 23th, 2023