The country’s constitution, democracy & eighteenth amendment!

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Amanullah Malik
The biggest success in the war between dictatorship and democracy in the country since the last 75 years is the constitution of 1973, which is still the most important for the political stability and integrity of the country even after twenty-two amendments. Today, the constitution has almost been restored to its original form after the 18th amendment, and its restoration has been done in a very democratic manner, but the way to avoid the dictatorial style and the way it has been canceled is the solution and remedy within it.The same is given in the form of Article Six. Article Six, High Treason, has been revived and implemented for the first time in history. However, curfews and emergencies have already occurred in the country, but the emergency was imposed on November 3, 2007. After the announcement of the interior minister to open a case of sedition against former Major General Pervez Musharraf, a big explosion was created inside and outside the country’s politics, under which the Federation of Pakistan, i.e. the government of Pakistan, requested the highest court of the country to A special court should be established to handle cases of sedition under the federal jurisdiction After such a request, the Chief Justice of Pakistan requested the names of such judges from the High Courts and sent the names of the five judges to the Registrar of the Supreme Court, Ministry of Law. The government was asked to finalize the names of three of them. After which there was a lot of deliberation and finally three judges were written in the final and final lists. It is not a simple or normal thing, at a time when the government is following the policy of removing and harassing all the opposition parties. It would be like opening a new Pandora’s Box, Panama Leaks or WikiLeaks. The Eighteenth Amendment is not a great scripture, if there was such an environment between the government and the opposition party that it was agreed upon when the Eighteenth Amendment was passed, how should we proceed according to the Eighteenth Amendment?At present, the situation is such that the political parties of the country from which the prime minister is elected are considering the conflict with the constitution as equal to abolishing the provincial autonomy and introducing a federal system. The political parties of the small provinces also supported the 18th amendment because They accepted from the first day that the constitution of 1973, which was distorted by the later dictators, does not meet the principles of federalism. Wuhan suffered the biggest national crisis since the fall of the country. While it is an open fact that Pakistan Tehreek-e-Insaaf government was afraid of the 18th amendment from the first day. While the Tehreek-e-Insaf Party has mentioned it many times in its processions, due to the joint meeting of the parties, there was talk of amending the 18th Amendment and the NFC Award through which the provinces were getting funds and other budgets from the Federation. Opponents of the government said that with the 18th amendment, the provinces will become more powerful and rich and the federal government will become poor, but the open truth is that the federal government has become rich and the provincial governments have become poor. Now there is a consideration, for example: health, education and other important sectors have gone to the provinces. As if the federal government has very few resources left, only the task of amending the constitution was left to justify the crying virus. Former minister Asad Umar said that due to this amendment, there is no full coordination between the provinces and the federal government to deal with the epidemic. While discussing the statement of former minister Asad Umar, how the alliance of the united parties was formed, however, due to the 18th amendment, there was no complete cooperation between the provinces and the federation to deal with the corona epidemic, but this corona epidemic and its The hardships have ended at the national level. Now let’s have a look at the results of the Dutch government. Even though the political heat is hot and intense in the country, Khan Sahib’s government was overthrown by the opposition parties and such laws were introduced that Tehreek-e-Insaaf itself. The assemblies were dissolved by the head of the party, because the Tehreek-e-Insaf party was declining over time, the opposition parties won.Now when the 18th amendment or other amendments are mentioned, the constitution, democracy or other laws in the country have become very fast. Now let’s have a formal review of Article 6 of the Constitution and see how this rebellion case can be handled in the country’s historical context and current conditions. Although the federal government had made it clear in its letter to the Supreme Court that by using the powers under section four of the Criminal Law Special Courts Act, 1976, a trial against former General Musharraf under the Treason Act, 1973 should be decided, but Article Six After the changes made after the 18th constitutional amendment, under its third sub-article, the parliament of the country has yet to determine the punishments for the people who commit such punishment through legislation, so the question arises that when the parliament has not yet determined such punishments. has done How can it be resolved through such a case? Therefore, after conducting the case, the federal government and the parliament have thrown their ball to the Supreme Court, after the establishment of the special court, the court can return it back to the federal government and the parliament, and it can be said that after the change made in Article 06 in the 18th constitutional amendment, the punishment The legislation should be completed and referred to the court again. What is even more important is that even before the case started, the former Federal Minister of Home Affairs, Chaudhry Nisar, had said that based on the strength and basis of the investigation conducted by the FIA. They will remain firm in proving that General Pervez Musharraf took the step of imposing emergency without any consultation and without taking the rest of the concerned authorities into confidence. It happens that under the original article 06 of the 1973 constitution, it was possible to prove such a crime to a single person and punish him, but after the eighteenth amendment, under the sub-article of the sixth article and the second article, now against them and such associates and supporters. It is clear and possible that Major General Pervez Musharraf On November 3, 2007, when he announced the implementation of Emergency or Emergency Plus, he was the Chief of Army Staff and also the President of the country. And can take it alone? If he can take it, then the more complicated question is that who implemented such a rebellion step of his in the context that when the Parliament under the Eighteenth Amendment to arrest and bind his colleagues and supporters and recognize them as criminals. Article six and two sub-articles were added to the Constitution which is not so insignificant Under which the army chief of the country, the president of the country, the prime minister of the federal government and its subordinate agencies and authorities will not be able to come out of the trap. It will be more likely that these powerful and behind-the-scenes instigators of such rebellions will not come into motion and if they come, then they will allow such a case to be prosecuted, and if such a case is prosecuted, then its outcome is no more than the case of missing citizens. who has not been able to go above the attendance and paperwork even after the repeated warnings of the Supreme Court and their heirs have not been able to avoid shedding tears of blood every day, therefore it is incumbent upon the Parliament and the political parties to first They should at least create unity in the ranks and assure the federal government of their full support that if the scope of the case increases, what will be their position and plan of action, and once again pass the legislation that has been proposed by the Parliament after the constitutional amendment in Article 6. And complete the determination of the penalty and penalty, if the matter is equal To do and once again create disharmony in civil-military relations, then it is no less than a killer poison for both parties and foreign countries, because in the history of the country, the constitutions of 1956 and 1962 were destroyed and finally the constitution of 1973 took its basic form. So far, three times – on July 5, 1977, by Major General Zia-ul-Haq and on October 12, 1999, by Major General Pervez Musharraf, it has not only been overthrown and suspended, but the politicians and parliament of that time endorsed this overthrow and suspension. Regarding the steps taken on November 3, 2007, it was revealed in the early days of the previous Pakistan Peoples Party government that this government wanted to keep its hands free and Major General Pervez Musharraf and his supporters thought that this step was similar to July 5, 1977 and October 12, 1999. It is not, therefore it does not need the approval of the parliamentBecause under article six one, if any constitution changes or postpones the suspension of the impeachment, then it commits that crime and crime, so why not use any method and force for it, in this context, there was an emergency on November 3, 2007. For a long time, because of this step, the constitution has been destroyed. The 18th amendment is an important milestone in the political history of Pakistan. The parliamentary system in Pakistan was re-entered into the presidential system. From April 8, 2010 to April 15, 2010, when the Senate of Pakistan and the President of the country, Asif Ali Zardari, signed the document in a ceremony at the Presidential Palace on April 19, 2010. The Eighteenth Amendment gave executive powers to the country’s President of the Nineteenth Parliament, while the Prime Minister after the President of the country will be more powerful in terms of powers. It happened during the period of Major General Pervez Musharraf, when he was the president of the country, at the end of which, according to the Seventeenth Amendment, Major General Pervez Musharraf had established the Northwest Frontier Province and the region of the Pakhtuns as Khyber Pakhtunkhwa and Balochistan under this amendment. The names of the provinces of Balochistan and Sindh were also changed to the English spellings of Balochistan and Sindh. Article 06 was added to the Constitution of 1973 to prescribe severe punishments for those involved in treason. more in the Eighteenth Amendment of Article 2.6. No court, including the Supreme Constitutional Court, can pardon the people involved in the violation under Article 6, so the way of martial law in the future was blocked. By extending the provision of the article from 16 to 25 years to ensure free and compulsory education up to the age of 5 so that children from poor and stable families can get higher education. That “the act of high treason shall be enacted in subsection 1 or clause 2, which shall not be passed by any court including the Supreme Court and the High Court.” The powers to dismiss and appoint governors have been removed in a move aimed at discouraging those who in the past found martial law too easy to seize power at the centre.Now, after the 18th Amendment, the President of the country cannot dissolve the Parliament without the advice of the Prime Minister, neither the Governor can dissolve the Provincial Assemblies without the advice of the concerned Chief Minister, nor can the Governor impose rule. Also, there are many other examples, but as a historical country, they are not going to be our province for centuries. The pages of history should be reviewed separately to see their administrative and legal evolution apart from Bombay in the province of Sindh in 1937. While the status of the province in 1970 was very good. On the one hand, there is hope because the 18th amendment will look at the system of local governments. Article 140 was approved against the four standards. These are the standard articles of local government, financial, political and administrative powers. And it was chosen in this trip including Mahmud and Ayaz and all provincial and federal Islamabad and in this regard their political parties or groups and boards have failed because they are not part of the ruling government. Even today, these articles are still in place without the foundation of the governance system. It is an open fact that even today, if we talk about the 18th amendment, the political temperature increases there. I may need the spirit of the constitution of Pakistan to bring about political dialogue, institutional reforms, especially in the bureaucracy. The 18th amendment to the constitution is not a full stop but it is a good thing for the citizens of the rulers. In this regard, there is actually room for improvement. It is the lowest hand and the role is the same. But at least their 22 crore 90 million population can live a good, dignified and prosperous life. We need the federal, state and federal governments to help us and we are already reeling from high inflation, otherwise we will not let the local governments get caught up in the storms of politics instead of being proactive. Therefore, at this time, there is a need to remove the shackles of the law. If justice is not done by the political parties with Article 6, then history will never forgive them.

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