Proposed Consitutional Amendments

During this ongoing Azadi and Inqalaab march many demands have been put forward by the PTI and the PAT. All of PTI's demands have to do with elections and the subsequent removal of Nawaz Sharif, the legality of which can best be determined by a judicial commission. PAT's demands were considerably more sensible and almost all of them pertained to the real issues faced by the people of Pakistan. Pakistan is facing difficult times and will continue to face political unrest and economic turmoil unless some basic structural changes are made. These proposed changes have to do entirely with the economic well being of people and unless people are given their human, social, cultural and economic rights they will continue to suffer. These amendments do not address the issue of the elections and/or who is to become prime minister. They only deal with the rights of the people which I believe once given will solve other problems of which leadership to select by the people themselves.

For this reason I have recently gotten involved in the reconciliation efforts to try and make the government and the protesting parties agree on an agenda that does not favor any one person but rather caters to the rights of the Pakistani people who are the true owners of this country. For this I first started with Siraj ul Haq of Jamat e Islami who seemed to agree with the summary of the propositions. The summary was taken to Tahir ul Qadri, who has mentioned the gist of it in his speech on 23rd August, the rest having been kept for a later time. These propositions have been sent and presented to the relevant quarters of PML N and PTI, both whom I am informed are currently debating about them. I believe that these rallies could be an opportunity for the Pakistanis to benefit if instead of leadership the direction was turned to the rights of the people.

The Constitution of Pakistan was made in 1971 and it was made at a time when Pakistan had just finished a break up with Bangladesh and a full blown war with India. The constitution envisages Pakistan as a true welfare state as per the vision of its founding father. These items of making Pakistan a true welfare state are contained in the “principles of policy” of the constitution. However at the time of the drafting of this constitution the state funds and resources were severely depleted due to the war and therefore a clause named Article 29 (2) was inserted that did not make it the duty of the state to give people their economic rights until the resources were generated and the determination of the same was left to the state itself. Z A Bhutto at that time in 1971 informed the assembly that this clause was temporary and that the state will have sufficient resources to become a true welfare state in 90 days. Today 43 years have elapsed and those promised 90 days have not passed. The state is still not liable for not providing people their economic rights. At present any article of the principles of policy remains unjusticiable which means that it cannot be enforced in court.
The proposition itself is a package of amendments that can be passed at the 21^st amendment of the constitution. These amendments look to redefine several rights more clearly and make the rights enforceable in court. The salient features of these amendments are

1.      All human, cultural, social and economic rights can be brought to the court.

2.      The development of a true welfare state will not be a policy but rather a function of the state.

3.      Fundamental rights shall become a state duty

4.      Taxation and resource generation will face the test of being progressive first. Which means lesser taxes/duties on poor and more on the rich.

5.      Establishment of local government systems made a state duty

6.      Parochial, racial, tribal, sectarian and provincial prejudices will be illegalized.

7.      Backward areas and classes will have the first right to education and economic development

8.      Primary and Secondary education will be made compulsory

9.      Magistrates to be appointed in every union council.

10.  Government function will be devolved to grassroot levels

11.  Provision of employment and leisure will be a state duty

12.  Social security for every Pakistani

13.  Provision of  universal food, water, healthcare, education, housing and livelihood security will be a state duty

14.  Eliminating Riba (Compound interest) and all forms of economic and financial exploitation and corruption will be a state duty.

These constitutional changes if made would transform Pakistan entirely towards making it a secure and economic superpower. They put the power in the hands of the people and not one person. However how our leaders play them out at this stage is yet to be seen. These are not a charter of demands, these are exact amendments that if copy pasted on the constitution would bring around the change we have always dreamed of seeing in Pakistan.

                                               

                   Proposed Constitutional Amendments 

1. The words “principle of policy” as the title of chapter 2 shall be substituted for the words “constitutional principles “

2. Article 3

The existing text shall be substituted for

“The state shall eliminate all forms of exploitation and ensure the fulfillment of the fundamental rights provided in part 2 of the constitution.”

3. Article 29 (1)

In line 2 the words “principle of policy” shall be substituted for the words “constitutional principles”.

In article 29 clauses (1) after the first comma in line 2 the words “and it is the responsibility” shall be substituted for the words “shall be the responsibility “.

4. Article 29 (2)

The existing text of article 29 (2) shall be substituted for the following.

“The state shall generate resources through direct taxation and other progressive means of resource generation for implementation of the objectives of the constitutional principles”

5. Article 30 (1) and (2)

Article 30 (1) and (2) shall be omitted 

6. Article 32

The word “encourage “in line 1 of this article shall be substituted for the words “establish”

7. Article 33

The word “discourage” in line 1 of this article shall be substituted for the word “prevent”

8. Article 36

The word “legitimate” in line 1 of this article shall be substituted for the word “lawful”

9. Article 37 (a)

In line 1 the word “promote” shall be substituted for the word “provide, deliver and protect”

10. Article 37 (b)

In clause (b) in line 2 and 3 the words “within minimum possible time” shall be omitted.

11. Article 37 (d)

In line 1 the word “ensure” shall be substituted for the word “deliver” The semi colon at the end of the line 1 shall be omitted and the words “including the grass root level” shall be added

12. Article 37 (i)

In line 1 of this article after the word “decentralize “the word “devolve” shall be added.

13. Article 38 (b)

In line 1 after comma the words “within available resources of the country “shall be omitted

14. Article 38 (c)

In line 1 the words “employed by the service of Pakistan or otherwise” shall be omitted.

15. Article 38 (d)

In line 1 the word “food, clothing, housing, education” shall be substituted by” universal food, water, healthcare, education, housing and livelihood security.

16. Article 38 (f)

The words “as early as possible” shall be substituted by the words “and all forms of economic and financial exploitation and corruption.