Veteran litigants lamented the failure of constitutional institutions to provide fundamental rights, urging people to “revive the culture of resistance”, the second day of the 16th Karachi Literature Festival (KLF) on Saturday.
The panel included the former president of the Law Association of the Supreme Court (SCBA) Abid Shahid Zuberi, former Senator Raza Rabbani, Senator Zamir Ghumro and renowned lawyers Sara Malkani and Salahuddin Ahmed who discussed the subject entitled: “We , our constitution and the rule of law.
In the impact of the Constitution on the public, Rabbani said that practical implementation was missing despite the continuous discussions on this issue.
“Little by little, the culture of resistance in interested parties, especially civil society, has ended. The result is that the rule of law and constitutional supremacy has been affected, ”he added.
Salahuddin Ahmed said that the reason behind the decreasing culture of resistance is that “our constitutional institutions have failed to provide constitutional rights.”
He continued: “Until our institutions, whether the Parliament, the Judiciary or the Executive, give and significantly enforce the fundamental rights of the people, this [Constitution] It will remain an academic concept. “
Sara Malkani spoke about the decreasing relevance of the Constitution. “The constitutions are relevant when the main power structures and the elite of power accept and possess the constitution and restriction of the powers. Our main power structures have not had the Constitution, so it has not supported. “
Abid Zuberi discussed the importance of education in this regard. “The Constitution and the rule of law are not relevant to people until education is there,” he said.
He stressed that there is a lack of education that says: “The public always accepts constitutional relations.”
Referring to the 26th amendment, he said: “The way in which the Constitution has been changed … The Judiciary has been manipulated, shaking the entire base of the country. [is lamentable]”, He added that the rule of law is over.
Speaking about the role of the Judiciary, Ghumro said that fundamental rights are affected when institutions do not play their role. He said: “Each institution does not play their role … Therefore, people must fight for their rights.”
Answering a moderator question, Rabbani said that amendment 26 occurred much later. “We have always been talking in philosophical terms about the basic structure of the Constitution, the trichotomy of power, fundamental rights … but we move away from the basic question that is the state of Pakistan.”
“When Pakistan emerged, Quaid had a different vision. The State has become a state of national security, a state of garrison, ”he said.
He added: “The main question is that the civil descent that imagined in 1947 is gone. Civil descent has never been so low. “
Ahmed highlighted the role of civil leaders in the failure of providing rights. He said: “When any power elite has received power, they have not left any opportunity to destroy the Constitution. The ‘narrative of victims’ of politicians is not correct. “
He said that political leaders also came to power with military support and added: “Political parties must move from this narrative.”
Malkani concluded the session with suggestions to end the “crisis on constitutionalism” in the country. She described the concept of an “elite bargain” that is practiced in different countries.
“We should look at other countries like India. There is constitutionalism crisis everywhere. There was also consensus between elite power to comply with a minimum level of restriction and share power in the Constitution. It is called ‘elite treatment’ and when it fails, that’s where you see the crisis of constitutionalism. “
“Leaders must comply with elite treatment,” he said and added that the Constitution will be relevant when they are allowed to do their job.
