Constitution-a social contract

The man is a social animal. Certain principles have been evolved

from experience and necessity in respect of treatment and
behaviour between person and person, group and group till the
principles took the shape of behaviour interse the states.
In antiquity small communities and historic City-States
developed into organized society while the nomads adopted
different principles to survive and exist. The apex of such rules was
demonstrated by the Roman Empire in mediaeval times. It crumbled
as the community suffered from extreme hypocrisy, bribery and
deceit. Then, the European system was finally crushed for its
inherent weakness. Autocratic rulers and kingdoms faded away for
their unbalanced attitude towards basic human dignity. Thereafter
centralization of power and resources in between person or a group
of persons saw the downfall of other cultures including communism.
In between, a system of life was introduced through Islam.
The first charter of Human Rights was declared through he Last
Khutba by the Holly Prophet Hazrat Muhammad (PUBH). Europe, at
that time was passing through a Dark Age. By exemplified
preaching, Islam spread far and wide. Intellectual and physical input
developed subjects for overall human requirements and
achievements. Translation of this treasure-trove, from Arabic to
European languages, established a path of renaissance in Europe.
But the input of Muslims by this time had decelerated.
Equipped with philosophy and thoughts emanating from Muslim
efforts, Europe saw a surge towards self realization and
achievement of respect for human dignity. The mediaeval way of
governance was forcibly changed through Magna Carta in the first
instance and thereafter through many other achievements by
populations elsewhere. The emerging governing system differed due
to local regional requirements. However, lust for power and over-
lordship generated unbridled personalities. Prince Bismarck and
Hitler tried to control the wealth and resources of the world. Being
unnatural and illogical in its nascent thought, the greedy goals led to
only defeat and devastation for the whole nation. Practically all
other nations of the world had opposed the overload ship efforts.
This cleared the way for organizing the United Nations as
successors to the League of Nations. The basic concept was that all
the member nations may have a plat-form from where their
grievances could be given a vent so that redress could be granted to
them through momentum of opinion of the world nations. However,
the inherent weakness in human outlook brought in the mechanism
for the defeat of this purpose in the shape of Security Council. The
five members retained the right of veto resulting in the imposition
of one nation or its ruling clique to thwart the massive approach to
a problem by all other nations of the United Nations. The very
objective of mutual understanding consensus between the nations
stood defeated. The exercise of veto power by these nations has
perpetuated the conflicts between the nations and has perpetuated
the profits of the veto powers through armaments and influence. It
is in this background that powerful nations are using other nations
as pawns for achieving supremacy in the world, may be by uni-polar
system or multi-polar system. It is this attitude and tendency which
is presently creating chaos, hunger and poverty in many nations in
the world. It is this tendency that has generated armed attacks on
independent nations. Despite accepting blunders, these powerful
nations say that they are now in the stage of reorganizing the
nations which have been destroyed by themselves.
A superficial analysis shown that such system is directed to
wrangle profits from such devastated nations. On the other hand
there is a jockeying by other super nations to curtail and contain
the efforts of over-lordship of the world by interested nations. On
this chess board the smaller nations are only sufferers. Despite
statements that internal affairs of all nations are not interfered
with, the fact is that a small nation is forced through economy,
trade and defence to tow the line dictated by super powers. This
was reiterated by Zulfiquar Ali Bhutto through his book ‘Myth of
Independence’ Needless to say that this book was preceded by a
book titled ‘Friends not Masters’ by Field Martial Mohammad Ayub
Khan. Another book in line is ‘Ghadhar Kon’ (Nawaz Sharif ki Kanai
Nawaz Sharif ki zubani) by Sohail Warriach. Another factor is that,
in previous year, Mr. Rahole Ghandi, the grand son of Jawaharlal
Nehru has openly stated that Ghandhi family targeted Pakistan and
broke it. Incidentally it was Russia which was main defence supplier
to India and now America is about to take that position. The visit of
Russian Vice Prime Minister in 2007 was directed to cover the loss
of Indian market by capturing the Pakistan Market.
The world outolook dictates the policies of nation, be it
strong or small. The approach of the smaller nation has to ensure
self survival. The approach of a super nation is to dictate terms to
the smaller nations for the benefit of the big nations. However, the
aspirations of a nation, be they strong or small, are reflected in the
projected achievements which a nation desires. For this purpose the
population of a nation adopts certain principles of behaviour, rules
of governance and law to secure existence. The nation agrees to
them through consensus which is reached by different means in
different countries. Such consensus, generally, is in line with
outlook and aspirations of a nation which develops into a social
contract between the population of that country. This document of
social contract is known as the Constitution of that country. Of
necessity, this contract has to remain stable and cannot undergo
periodical changes according to the need of a person in power or
changes and circumstances in the world.
Such social contract is sacrosanct and cannot be allowed to
be interfered with either by force or otherwise, unless the body
politic, in relation to the existing circumstances considers fit to
upgrade it for achieving the national objectives for which the initial
social contract came into being. In this regard care has always to be
taken that constitution, being a sacred contract, should have a
continuity in time and thought. It should never be tackled with for
personal benefits or periodical requirements. Where the continuity
is impaired, the nation becomes a torn rag and does not know which
way to go and where will the wind blow next time. It is for this
reason that the Constitution requires a brute majority in the
parliament for its amendment. Irrespective, there are certain
norms and principles which are to be observed before a
constitutional provision should be interfered with or amended.
Where these norms are not observed, then the result suffers in
that the social contract is changed in disregard of the popular
consensus and understanding. The public starts feeling that the
constitutional amendments have been imposed, rather than adopted.
This gives rise to a lack of faith in the constitutional documents
which in turn generates insecurity, lack of confidence and
elimination of faith in the social contract between the body-politic
of a nation. The very basis of sanctity and balance in the
constitutional provisions gets up-routed. On a deeper plane, he
social contract becomes abrogated.
It is therefore, imperative that the Constitution should
remain impervious to changes for accommodation of the objectives
of the ruling junta. It is for this reason that un-written
Constitution of Great Britain survives till today, as its essence and
spirit has not been interfered with through ages and generations.
Sub constitutional laws are resorted to, but they have to stand the
test and viability under the constitutional provisions. The rulers are
permitted to get laws passed, which are not in conflict with the
constitutional provisions or its spirit or its form. In this way, the
social contract survives and confidence of a population is cemented.
Otherwise, where constitution losses its force, the concept of
Constitutional measures take the shape of Draconian and black laws,
for a touch stone of constitution no more remains available. These
circumstances generate lawlessness, extremism and breakup of
good governance.
For the above said reasons it is not only the high time but
the only moment where nation as a whole, rulers included, have to
open out their minds and make very specific efforts to regenerate
the confidence of the public in the Constitution, its grace and its
applicability, so that the nation is saved from further disruption
and disintegration.

Mohammad Azhar Siddique, Advocate, a human rights

activist/public interest litigation lawyer and a Chairman of
Judicial Activism Panel, Media Advisor and Coordinator to the
Supreme Court Bar Association of Pakistan.
judicialap@gmail.com