April 10 is also referred to as ‘Youm-i-Dastoor’, or the ‘Day of the Constitution’. It was on this day in 1973 that the Constitution, which is currently in force, was promulgated by the government of Zulfikar Ali Bhutto.

On the 42nd anniversary of the promulgation of the 1973 Constitution, Dawn asked legal experts to weigh in on the evolution of the document that forms the basis of the law of the land.

Ahmer Bilal Soofi, former interim law minister and law expert

Except for a handful of amendments, most of the changes to the 1973 Constitution have been made in such a way that they disturbed the original ideological and political balance of this hallowed document.

The time has come to reverse the clock and return to the original Constitution, the way it was conceived and envisaged.

In particular, the insertion of a number of controversial Islamic clauses has changed the direction and destiny of the entire nation.

A number of new institutions have been added which weren’t part of its original structure, complicating things even further.

Yasin Azad, former president Supreme Court Bar Association

Military dictators have defaced this Constitution the most. Articles 62 and 63 were inserted by Gen Ziaul Haq for mala fide reasons and democratically-elected governments were sent packing with the help of 58(2)b. Just look at the way the 21st Amendment was passed, without any debate. This is not how nations treat their constitutions.

But dictators alone are not to blame.

The Constitution stipulated that measures will be taken to make Urdu a national language but no steps were taken to ensure this. The Constitution says minorities must enjoy equal rights, but, look at what we’ve done to them.

Zafar Ali Shah, former PML-N senator and senior counsel

Despite all its shortcoming, the 1973 Constitution has successfully survived two of the most powerful martial laws in the country’s history, which is a testament to its inherent strength. Where the earlier constitutions of 1956 and 1962 could not sustain the ever-changing political scenario of the country, this one has endured.

Its primary strength is the parliamentary form of government, which despite the best efforts of Musharraf and Zia, has remained intact. In my own case against Gen Musharraf, even though the Supreme Court allowed him to enact as he liked, he was restrained from altering its parliamentary structure.

Published in Dawn, April 11th, 2015

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