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reports, schemes (including the One-Unit to bring parity between the two
wings of the country), basic democracies through limited franchise, frequent
martial laws, and unilateral amendments have persistently dented and delayed
politico-constitutional processes and eroded official respect for constitutiona-
lism’.132 Even now, politicians are bickering about whether the country should have a presidential or parliamentary form of government. Malik further states:
‘these entire issues blur the real issue of an efficient and accountable government
elected by adult universal franchise and with an independent judiciary and
free press’. 133
134
Islam and Pakistan’s Political Culture
Notes
1 Mahmud, Tayyab. ‘Praetorianism and Common Law in Post-colonial Settings: Judicial Responses to Constitutional Breakdowns in Pakistan’, in Utah Law
Review, (Salt Lake City, UT: University of Utah E Publications, 1993) p. 1225.
2 Newberg, Paula. Judging the State: Courts and Constitutional Politics in Pakistan, (Cambridge: Cambridge University Press, 2002) p. 17.
3 Khan, Hamid. Constitutional and Political History of Pakistan, (Oxford: Oxford University Press, 2005) p. 849.
4 Mujahid, Sharif. The Ideology of Pakistan, (Islamabad: International Islamic University, 2001) p. 55.
5 Choudhury, G. W. Constitutional Development in Pakistan, (New York: Longmans Press, 1969) p. 9.
6 Newberg, Paula. Judging the State, p. 17.
7 Khan, Hamid. Constitutional and Political History of Pakistan, p. 54.
8 Newberg, Paula. Judging the State, p. 14.
9 Thomson, Mike. ‘Hyderabad 1948: India’s Hidden Massacre,’ www.bbc.co.uk/
news/magazine-24159594
10 Ahmed, Akbar S. Jinnah, Pakistan and Islamic Identity: The Search for Saladin, (London: Routledge, 1997) p. 114.
11 Jennings, Sir Ivor. Constitutional Problems in Pakistan, (Westport, CT: Greenwood Press, 1957) p. 8.
12 Khan, Hamid. Constitutional and Political History of Pakistan, p. 31.
13 Ibid., p. 80.
14 Ibid., p. 106.
15 Qasmi, Ali Usman. ‘God’s Kingdom on Earth: Politics of Islam in Pakistan 1947–69’, in Modern Asia Studies, V.44, (Cambridge: Cambridge University Press,
2010) p. 12.
16 Feldman, Hebert. A Constitution for Pakistan, (Oxford: Oxford University Press, 1955) p. 25.
17 Khan, Hamid. Constitutional and Political History of Pakistan, p. 107.
18 Ibid., p. 112.
19 Ibid.
20 Ibid., p. 117.
21 Feldman, Hebert. A Constitution for Pakistan, p. 45.
22 Khan, Hamid. Constitutional and Political History of Pakistan, p. 119.
23 Ibid., p. 136. Prerogative writs are a means by which the Crown, acting through its courts, effects control over inferior courts or public authorities.
24 Ibid., p. 64.
25 Mahmud, Tayyab. ‘Praetorianism and Common Law in Post-colonial Settings: Judicial Responses to Constitutional Breakdowns in Pakistan’, p. 1230.
26 Khan, Hamid. Constitutional and Political History of Pakistan, p. 119.
27 Federation of Pakistan et al. v. Moulvi Tamizuddin Khan, PLD 1955 FC 240.
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28 Usif Patel and Two others v. The Crown, PLD 1955 Federal Court 387 (Appellate Jurisdiction).
29 Special Reference made by the Governor-General of Pakistan, PLD Federal Court (Advisory Jurisdiction)
30 Khan, Hamid. Constitutional and Political History of Pakistan, p. 136.
31 Ibid., p. 143.
32 Ibid., p. 144.
33 Choudhury, G.W. Constitutional Development in Pakistan, p. 88. ‘Ultra vires’
literally means beyond the strength or authority of a person, court etc.
34 Khan, Hamid. Constitutional and Political History of Pakistan, pp. 151–53.
35 Choudhury, G.W. Constitutional Development in Pakistan, p. 97.
Constitutional development in Pakistan
135
36 Ibid., p. 98.
37 Khan, Hamid. Constitutional and Political History of Pakistan, p. 166.
38 Ibid., p. 186.
39 Ibid., p. 188.
40 Ibid.
41 Misra, K.P., Lakhi, M.V. and Narain, Virendra. Pakistan’s Search for Constitutional Consensus, p. 21.
42 Mahmud, Tayyab. ‘Praetorianism and Common Law in Post-colonial Settings … ’, p. 1243
43 Newberg, Paula. Judging the State, p. 70.
44 Ibid., p. 22.
45 Khan, Hamid. Constitutional and Political History of Pakistan, p. 197
46 Ibid., p. 198.
47 Ibid., p. 199.
48 Ibid., p. 212.
49 The State v. Dosso and another, PLD 1958 Supreme Court, p. 533.
50 Ibid., pp. 539–40.
51 Khan, Hamid. Constitutional and Political History of Pakistan, p. 214.
52 Ibid.
53 Mahmud, Tayyab. Praetorianism and Common Law in Post-colonial Settings, p. 1249.
54 Newberg, Paula. Judging the State, p. 75.
55 Choudhury, G.W. Constitutional Development in Pakistan, p. 135.
56 Shafqat, Saeed. Civil-Military Relations in Pakistan, p. 31.
57 Choudhury, G.W. Constitutional Development in Pakistan, p. 136.
58 Ibid., pp. 175–77.
59 Khan, Hamid. Constitutional and Political History of Pakistan, p. 277.
60 Ibid., p. 278.
61 Ibid., p. 258.
62 Ibid., p. 279.
63 The Constitution of the Islamic Republic of Pakistan, 1962, pp. 85–86.
64 G.W. Choudhury (editor and compiler). Documents and Speeches on the Constitution of Pakistan, p. 560.
65 Khan, Ayub. Friends, Not Masters: A Political Autobiography, p. 70.
66 Gardezi, Hassan N. A Re-Examination of the Socio-Political History of Pakistan, p. 25.
67 Jennings, Ivor. Constitutional Problems in Pakistan, pp. 35–40.
68 Mahmud, Tayyab. Praetorianism and Common Law in Post-colonial Settings, p. 1254.
69 Ibid., p. 299.
70 Interview with Imran Khan, chairperson of Justice Party, in Islamabad, Pakistan.
71 Sayyid Abul A’la Maudoodi, et al. v. The Government of West Pakistan and the Government of Pakistan, PLD 1964 Supreme Court p. 673.
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72 Khan, Hamid. Constitutional and Political History of Pakistan, p. 299.
73 Jennings, Ivor. Constitutional Problems in Pakistan, pp. 41–44.
74 Khan, Hamid. Constitutional and Political History of Pakistan, p. 359.
75 K.P. Misra, M.V. Lakhi, and Virendra Narain. Pakistan’s Search for Constitutional Consensus, p. 38.
76 Khan, Hamid. Constitutional and Political History of Pakistan, p. 363.
77 Ibid., p. 364.
78 Newberg, Paula. Judging the State, p. 115.
79 Choudhury, G.W. Constitutional Development in Pakistan, p. 145.
80 Mahmud, Tayyab. Praetorianism and Common Law in Post-colonial Settings, p. 1254.
136
Islam and Pakistan’s Political Culture
81 Newberg, Paula. Judging the State, p. 116.
82 Khan, Hamid. Constitutional and Political History of Pakistan, p. 404.
83 Jennings, Ivor. Constitutional Problems in Pakistan, pp. 45–48.
84 Ibid., pp. 401–3.
85 Ali, Tariq. The Clash of Fundamentalisms, (Verso: New York, 2003) p. 14.
86 Khan, Hamid. Constitutional and Political History of Pakistan, pp. 401–3.
87 Ibid., p. 404.
88 Miss Asma Jilani v. The Government of the Punjab and another, PLD 1972
Supreme Court 139.
&
nbsp; 89 Ibid., p. 243.
90 Mahmud, Tayyab. Praetorianism and Common Law in Post-colonial Settings, p. 1254.
91 Khan, Hamid. Constitutional and Political History of Pakistan, p. 486.
92 Ibid., p. 488.
93 The Constitution of the Islamic Republic of Pakistan, 1973. See also www.nrb.gov.pk.
94 Khan, Hamid. Constitutional and Political History of Pakistan, p. 489.
95 Ibid., p. 502.
96 Ibid., p. 486.
97 The Constitution of the Islamic Republic of Pakistan, 1973, 2. See also www.nrb.
gov.pk.
98 www.pakistani.org/pakistan/constitution/.
99 Newberg, Paula. Judging the State, p. 139.
100 Ali, Sarmad. ‘Constitutional Amendments in Pakistan,’ in Daily Times. June 3, 2013.
101 Noman, Omar. Pakistan: Political and Economic History Since 1947, p. 109.
102 Inskeep, Steve. ‘Karachi, New Aspirations To Be A Global Player’, online: www.
npr.org/2011/11/02/141915310/in-karachi-new-aspirations-to-be-a-global-player.
103 Mahmud, Tayyab. ‘Praetorianism and Common Law in Post-colonial Settings: Judicial Responses to Constitutional Breakdowns in Pakistan’, in Utah Law
Review, (Salt Lake City, UT: University of Utah E Publications) pp. 1264–73.
104 Ali, Sarmad. ‘Constitutional Amendments in Pakistan,’ in Daily Times. 3 June 2013.
105 The Constitution of the Islamic Republic of Pakistan, 1973 (Seventh Amendment, May 16, 1977).
106 Arbey v. Pakistan, PLD 1980 Lahore High Court 206 (Pak. 1977).
107 Arbey v. Pakistan, PLD 1980 Lahore High Court 206 (Pak. 1977) 262–64, 295–98.
108 Mahmud, Tayyab. ‘Praetorianism and Common Law in Post-colonial Settings: Judicial Responses to Constitutional Breakdowns in Pakistan’, p. 1273.
109 Omar Noman, Pakistan: Political and Economic History Since 1947, p. 69.
110 Nusrat Bhutto v. Chief of Army Staff, PLD 1977 Supreme Court 657 at 714–15.
111 Khan, Hamid. Constitutional and Political History of Pakistan, pp. 580–83.
112 Ibid., p. 661.
113 Ibid., p. 663.
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114 Offences against Property (Enforcement of Hudood) Ordinance 1979, Ordinance VI of 1979. PLD 1979 Central Statutes 44. Offence of Zina (Enforcement of
Hudood) Ordinance, 1979. Ordinance VII of 1979. PLD 1979 Central Statutes
51. Offence of Qazf (Enforcement of Hadd) Ordinance 1979. Ordinance VIII of
1979. PLD 1979 Central Statutes 56. Prohibition (Enforcement of Hadd) Order
1979. President’s Order 4 of 1979. PLD 1979 Central Statutes 33.
115 ‘Pakistan Court Dismisses Blasphemy Case Against Christian Girl’. Radio Free Europe/Radio Liberty. 20 Nov 2012. Retrieved 20 November 2012. www.rferl.org/
content/pakistan-court-dismisses-blasphemy-case-against-christian-girl/24775787.
html.
116 Khan, Hamid. Constitutional and Political History of Pakistan, p. 628.
Constitutional development in Pakistan
137
117 President’s Order No. 14, 1985, Revival of the Constitution of 1973 Order, 1985
[RCO].
118 Mahmud, Tayyab. ‘Praetorianism and Common Law in Post-colonial Settings: Judicial Responses to Constitutional Breakdowns in Pakistan’, p. 1284.
119 Ibid., p. 679.
120 Maluka, Zulfiqar Khalid. The Myth of Constitutionalism in Pakistan, (Karachi: Oxford University Press, 1996) p. 272.
121 Ali, Sarmad. ‘Constitutional Amendments in Pakistan,’ in Daily Times, 3 June 2013.
122 The Constitution of the Islamic Republic of Pakistan, 1973 (Thirteenth Amendment, March 31, 1997).
123 The Constitution of the Islamic Republic of Pakistan, 1973 (Fourteenth Amendment, March 31, 1997).
124 Pakistan Link, December 5, 1997 at 9.
125 Ali, Sarmad. ‘Constitutional Amendments in Pakistan,’ in Daily Times, 3 June 2013.
126 www.neurope.eu/article/musharraf ’s-constitutional-amendments-incite-anger.
127 Ali, Sarmad. ‘Constitutional Amendments in Pakistan,’ in Daily Times, 3 June 2013.
128 Ibid.
129 Ahmed, Ishtiaq. The Concept of an Islamic State, p. 27.
130 Kennedy, Charles H. ‘Repugnancy to Islam – Who Decides? Islam and Legal Reform in Pakistan’ International and Comparative Law Quarterly, 41 (1992): 769.
131 Malik, Iftikhar. State and Civil society in Pakistan, p. 34.
132 Ibid., p. 35.
133 Ibid., p. 36.
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8
The ideological discord promoting civil
and military hegemony
Introduction
This chapter analyses the oscillation between civilian and military hegemonic
rule in Pakistan, including the effect therein of competing ideologies. To begin
with, it examines the origins and rationale for military intervention in politics.
By doing so, it reveals the deep ideological crises that intensify instability.
Then Shafqat’s authoritative analysis is used to discern a consequence of that
ideological crisis, which is the growth of two conflicting political propensities in Pakistan, the ‘military-hegemonic’ and the ‘dominant party’ political systems.1
The two hegemonic propensities exist in a symbiotic relationship, in which
each at once opposes the other and, then, strengthens itself on the basis of
that opposition. Afterwards, our analysis proceeds to examine how each
hegemonic propensity reacts to ideological incoherence and assesses its
impact on political instability. Critically, key questions were foremost during
our inquiry: Why does the military continue to intervene in the political
system? Why is there tension between civil and military spheres? What are the
political conditions that mitigate military intervention? Is continuous military
intervention a result of the lack of fit between ideological and political
superstructures in terms of realities imposed by either the ‘traditionalists’
or ‘secularists’? These important questions will be related back to the primary
scope of this study that attempts to unravel the causes of ideological and
political instability in Pakistan with reference to its political culture.
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Military interventionism in Pakistan
What are the factors that precipitated military interventionism in Pakistan?
And, what are the consequences of it? Certainly, the military may be a positive
force in society, which emerges as an institution better organised, more competent
than the civilian politicians and motivated to promote economic development.2
Analysts like Moore argue that the military was a powerful developmental and
modernizing tool that would assist Pakistan’s economic and societal stability.3
Huntington, going further, advocates incessant military modernization, stating
that ‘the more discipline, efficiency and organizational skills that the military
Civil and military hegemony
139
exhibits than the less likelihood of military intervention in the political
scene’.4 Shafqat disagrees, arguing that the ‘fact of the matter was the more modern and professional the military became in developing countries its
intervention in politics increased’.5 Indeed, for Pakistan, heightened military professionalism encouraged them to seek the means and resources to maintain
their superiority and secure political control. The question is whether that, or
something else, retarded civilian maturation and
the growth of a stable polity?
The factors that facilitated the rise and growth of the military in Pakistani
politics were, mainly, suggested to be threefold: first, the relationship between
the military-bureaucratic elites and the financial-industrial groups; second, the
geographical strategic importance of Pakistan, specifically in relation to US
strategic interests; third, the perceived threat of India.6 Looking back, in 1947
Pakistani insecurity was heightened, with a low level of economic development,
poor urbanization and non-existence of indigenous industry. Actually, at that
time, only ‘100 Muslim officers of the rank of captain and above in the British
Indian Army opted their services for Pakistan, and none of them was above the
rank of colonel’.7 This precarious scenario was further confounded by the unequal distribution of military assets between India and Pakistan at the time of
independence. 8 With India receiving the lion’s share of armaments, there existed a deep insecurity, even concerning the very existence of Pakistan.
Then, soon after independence, war erupted between India and Pakistan over
Kashmir, when the illegitimate and foreign Dogra ruler refused to accede to
the wishes of Kashmiris. 9 That event catapulted the military into the political limelight. Desperately, it sought to encourage economic development, hoping
to raise the economic prowess of the burgeoning country and defend itself
against potential aggression.
Here, interestingly, one asks why did the military seek resources for defence,
when this clearly was the responsibility of the civilian leadership? The answer
to that question, as well as the most important factor that abets military
interventionism in Pakistan, is the paralysis of the civilian political leadership
due to fragmentation, ideological fighting and factionalism.10 With the death of Muhammad Ali Jinnah and the assassination of Liaquat Ali Khan, the civilian
political class was in disarray. Hence the military began to intervene, and its
strategy involved co-opting the bureaucracy. Together, they began facilitating
the emergence of the financial-industrial groups. Accordingly, a patron–client
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relationship between the military-bureaucratic elites and the financial-industrial
groups emerges. Shafqat states that this relationship enhanced the power of the
Islam and Pakistan’s Political Culture Page 28