Politicians and media commentators in Pakistan have been demanding for decades the “restoration of the 1973 Constitution,” without realizing what it will mean. In its original form, the Constitution reflected primarily the wishes of Z A Bhutto. Still, he himself made seven amendments that changed about 60 Articles. He ensured his perpetuation in office by requiring that somebody must stick his neck out as the alternative to him (the sitting Prime Minister) and get himself nominated in a resolution of no-confidence before it could be moved in the National Assembly. He also exercised all powers by requiring that no act of the President would be valid without the countersignature of the Prime Minister. Gen. Zia ul-Haq, who came after him, heavily tipped the balance of power in favor of the President. He even enshrined himself by name in the text of the Constitution. Other distortions were added by his civilian successors, Prime Ministers Benazir Bhutto and Nawaz Sharif.
In its present form, the Constitution has so many outrageous features that it would be a shame to retain it as it is. Even a coherent reading is not possible. There are clauses, even Articles, which are numbered with alphabetical letters to avoid changing the original sequence. A whole new chapter, on Federal Shariat Court, was inserted by adding letters from A to J and double letters like CC, DD, and GG, to the preceding Article number, 203. Then there are Article numbers standing like tree stumps, with the word “Omitted” against them.
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