The dead wood in the constitution

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Time to remove remnants of dictatorial regimes

The tradition to take political disputes to courts initiated by the PML-N is now being carried on by the PTI. Approaching the courts frequently for the purpose has led to several distortions in the social system. To begin with, political cases consume the precious time that the courts could better spend on hearing the petitions of the common litigants. Had former CJ Iftikhar Chaudhry devoted the time that he spent on hearing politically motivated cases to improving the working of the lower courts, he would have left a much better legal system behind him. What is more, politicians surrender their turf when they fail to resolve their disputes politically. This also hinders the growth of democratic practices and conflict resolution procedures.

The constitution is the basic law of a country. Social values and mores change with the passage of time. The constitution is meant to serve the living and not the dead. Provisions that look outmoded need therefore to be weeded out from time to time through political consensus. It is all the more necessary to review the incorporations in the constitution made by military rulers like Ziaul Haq and Pervez Musharraf with political motives. Zia tried to carve out a soft corner for himself among the extremists fringe. The additions need to be reviewed and wherever found to be harmful have to be changed or deleted through constitutional amendments.

The political parties have failed to review a number of provisions made in the constitution by former military rulers. Those who formulated the 18th amendment were primarily concerned with restoring the parliamentary and federal character of the constitution which had become the most pressing issue after the 2008 elections. This involved, on the one hand, transfer of powers assumed arbitrarily by the presidents-in-uniform to the elected Prime Minister, and on the other, extension of the scope of provincial autonomy. It is time now to review other articles of the constitution also which were introduced with ulterior motives.