The Law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales.
History law of Pakistan
Upon the list of the Dominion of Pakistan in 1947 the laws of the erstwhile British Raj remained in force. At no point in Pakistan's legal history was there an intention to begin the statute book afresh. During the reign of General Muhammad Zia-ul-Haq, elements of Islamic Sharia law were incorporated into Pakistani law, leading to the institution of a Federal Shariat Court (FSC). In some Federally and Provincially Administered Tribal Areas [(FATA) and (PATA)], a system of law employing traditional methods persists at the local level. At this informal level, disputes are settled by a jirga, a council of tribal elders
Cause of No Implementation on Law of Pakistan
Causes: Nothing exists without any reason in universe; creation of everything carries reason with itself. More ever, According to principle of “Cause and Effect” unless the root causes of any problem are not accurately identified and thoroughly diagnosed, problem can’t be solved on sustainable basis. Therefore, let’s find and discuss the causes behind such weak, vulnerable and dented face and status of democracy in Pakistan and try to reach at workable solutions.
Frequent intervention of Non civilian forces into political domain.
Failure of bureaucratic regimes created space for army which was more organized than even civilian bureaucracies to intervene into political domain of country .formal involvement of army into civilian matters begun from marshalaw in Lahore in 1953 to control the riots between Ahmedis and Sunnies. Thereafter from 1958 army has ruled the country with short sighs, as short as of new born baby, of so called democratic regimes. Field Marshal law Ayoub Khan ruled the country from 1958 to 1969, General Yahya Khan from 1969 to 1971, General Ziaul Haq from 1977 to 1989, General Pervez Musharraf from 1999 to 20085.
All four military regimes have remained characterized with impositions of Marshallaw, ban on political parties, censorship on media, dissolution of assemblies and abrogation or suspension of constitutions. Thus, they destroyed political institutions and frustrated the forces viz media, political parties that support and channelize consolidation of democracy.
Weak Party System.
One among the major forces which counter the military interventions into political domain and extra constitutional steps are genuine political parties with mass based support. But unfortunately Pakistan has been lacking strong and efficient party system which is very vital ingredient of Democracy. Democracy can neither exist nor can consolidate its process without strong, vibrant, vigilant and efficient political parties.
Political parties play indispensible role in strengthening democracy in various ways. Parties translate various values and aspects of democracy into reality; they work to institutionalize the diversity of opinions, the beauty of democracy; translate ideological strength of masses into organizational shape; work as channel to elect representatives; serve as mean whereby power is peacefully transformed; serve as platform to mobilize, sensitize and educate public and stand as bridge between public and government. In order to do all these tasks in letter and spirit, Political parties need to be systematically networked, deeply rooted into masses and internally democratic and operationally efficient, immune to internal divisions, sustaining worst times and outliving the death of its founder(s).
But, unfortunately Party system in Pakistan has remained very weak. Resultantly, it has created space for nonpolitical forces to emerge into political arena. It is proven fact that, apart from other reasons behind the overt and covert rule of dictators in Pakistan, absence of strong party system has remained one of the potent causes. Such non democratic orientation of political parties has weakened the culture of competition, bred nepotism and created incompetency which has obstructed the democratic process of parties’ aswell country.
Non Democratic Social structure
The nature and structure of society translates itself into nature and structure of political institutions. Political institutions don’t emerge in vaccum; they are expression of social institutions. Political and societal compositions interplay and influence each an other. That is why; it is said that democracy is not external but internal Phenomenon6. You cannot plant it like an artificial tree but can set up it through a particular process of democratization. Social structure of Pakistan is by and large feudal. From very its pre partition time , Two forces viz British rulers and Muslim Leuage,ironically who claimed and still claims champion of democracy ,have supported consolidation of feudal structure in the regions which constitute present Pakistan7.
Feudalism and democracy are two quite controversial norms: Feuldlism is driven by principles of one person show, oppression, bondage, slavery. Whereas democracy is driven by principles of participation, peace, equality, pluralism and freedom. Owing to this, the nature of parliaments and political parties has remained non democratic in Pakistan. Pakistan has been remaining at the mercy of either these feudal politicians or military generals.
One among the reasons which has made India to emerge as democratic polity is that it has abolished feudalism from very its inception. But Muslim Leauge perpetuated and consolidated this system because it was party of feudal itself where as Congress owing to its class question orientation has been anti feudalism.
Post partition history of Pakistan is marked with some initiatives taken for land reforms to loose the grip of feudalism.Ayoub then President and Zulfiqar Ali Bhutto then prime introduced the reforms. But the reforms introduced by both were ineffective, secondary in their nature and devoid of genuine intent8.
Such feudal structure of society of Pakistan has been obstructing democratic process into various ways. It has translated non democratic trends into political culture. Secondly, it has impeded development of participatory culture. Thirdly, it has formed elitist orientations of politics. Fourthly, it has impeded Bourgeoisie middle class which is support mechanism to democracy .Lastly; it has been obstructing free and independent choice of public in elections which is basic and indispensable component of free elections.
Manipulation of election process.
Free and fair elections are major component of representative democracy. For democracy is, in one way, name of popular government which is not possible without free and fair process of election that guarantees genuine representation of masses in Parliament. Besides, Elections are the source of peaceful regime change. People resort to violent means of change if elections can’t represent their aspirations, needs, and fails to offer them due and fair space. In this regard, Pakistan has dismal image to show. All the general elections except of 1971 and 2006 to some extent, have been manipulated in one or other way either at pre, during or post phase of the elections.
The manipulation has been worstly demonstrated into form of political victimization, gerrymandering, stuffed ballot boxes, intimidation of polling staff ,pressurizing masses, use of state assets and violating rule of Election commission set for the election.Consequently, elections could not have been instrumental to determine the will of the people and have eroded trust of masses in democracy. If election could have proven to be instrumental in representing genuine will of people, the elected representatives must have elevated dignity of parliament, worked for strengthening of democracy and for welfare of masses whereby developing their trust in democracy.
How should Law is implement in Real Time
Youth is the most significant part of any human society. They have played indispensible role in emancipation of human being .With fresh and hot blood, youth is always inclined towards activism, dynamism, change, and novelty. Populations of Pakistan constitute almost 35 percent of youth. Therefore, they also share the onus of enhancing democracy in Pakistan. Their indifferent attitude towards democracy in particular and towards politics in general will counter product rather produce constructively for consolidation of democracy. Therefore, youth of Pakistan should
• join political parties after academic education because what execute plans for democracy most effectively are political parties ;
• should raise the issue and question of democracy in print and electronic media;
• impart democracy education into their constituencies;
• register their votes and take active part in election process;
• join national and international youth organizations which work for democracy.
Short analysis reveals that Pakistan has been badly experiencing chequered history of democracy. Weak political institutions, frequent military interventions, frequent dissolution of civilian governments, Engineered and flawed election process, weak party system, lack of constitutionalism and lack of rule of laws has been obstructing way for promotion of genuine democracy in Pakistan which would be characterized with sovereign parliament, free, fair and regular elections, supremacy of constitution, independent Judiciary, rule of law, civilian control over the armed forces, political life free from military involvement, safety to minority rights, provision of basic human needs and guarantee of freedom of movement, expression, association and assembly. In this backdrop,Onus lies on State institutions, political parties, civil society organizations and youth to play part of their role as enumerated in recommendations given above to create space for democracy to entrench itself firmly in Pakistan as it could be delivering and substantial.
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