Constitutional questions

PAKISTAN has had three constitutions. Two given to it by its people in 1956 and 1973. One promulgated by a field marshal in 1962. The 1973 Constitution was adopted by the people through their representatives in the constituent assembly. Article 1 states that Pakistan shall be a federal republic. Neither the term “federal” nor “republic” is expressly defined. The Objectives Resolution provides guidance. The power and authority of the state in our republic is to be exercised through the chosen representatives of the people. A republic is distinct from rule by one man. In a republic, rulers are not immune from accountability. They can be removed and replaced if they fail to perform. The various territories that are part of Pakistan or that accede to Pakistan form a federation. These territories are autonomous and their boundaries and powers and authority are prescribed.

The Objectives Resolution guarantees that the integrity of the territories shall be safeguarded. A federal state is brought into being by the territories that comprise it through a written instrument. This instrument defines the authority of the federation and these territories. The federation presupposes and is premised on the existence of these territories. Dismantling the territories would undermine the foundational integrity of the federation and the compact reflected in the 1973 Constitution. A constitution can be amended. The limits of a province or territory can be changed with its consent. Such an amendment may alter limits or provincial boundaries. It does not contemplate partition or subdivision of existing provinces or existing territories. Actions that compromise provincial integrity inevitably lead to questions regarding the benefits of being part of the federation. These questions have been…