Constitutional rule and Balochistan
Constitutional rule and Balochistan
Editorial
Editorial

Pakistan was ruled without a constitution for nine long years. The country was governed under the 1935 Act with certain amendments and changes. The first Constitution was framed in 1956 under the rule of Sikandar Mirza, the supremo of Pakistani bureaucracy after Malik Ghulam Mohammad.

Pakistan was ruled without a constitution for nine long years. The country was governed under the 1935 Act with certain amendments and changes. The first Constitution was framed in 1956 under the rule of Sikandar Mirza, the supremo of Pakistani bureaucracy after Malik Ghulam Mohammad. The main task of the 1956 Constitution was to defend the illegitimate interests of Establishment usurping the right of majority rule of Muslim Bengal by imposing One Unit. This constitutional act had virtually wiped out the smaller and weaker Provinces from the world map. The West Pakistan Assembly passed a resolution recommending immediate disintegration of One Unit and revival of historic provinces which ultimate meant to restore the major rights of Bengal. Just to protect One Unit, Ayub Khan imposed his Martial Law, sent Sikandar Mirza in forced Exile. Earlier, Sikandar Mirza manipulated events and reportedly suggested it to the late Khan of Kalat to agitate to some extent, he will restore and Kalat State with all its rights. Instead of restoring the Kalat State, he declared Martial Law claiming that the Khan of Kalat had revolted and Pakistan. He and his sons and others were arrested. In less than three weeks, Sikandar Mirza was removed from Presidency and Ayub Khan assumed full powers. The Baloch tribes, led by Nawab Nauroz Khan, agitated and demanded immediate release of the Khan of Kalat.  Seven members of his family, including his sons, were executed by hanging on concocted charges by Ayub Khan and continued military operation till the last. Thus the 1956 constitution was abrogated while imposing Martial Law in 1958. After 1965 war with India, the Bengalis agitated that they were undefended and the West Pakistan was defended. The Awami League started an agitation which continued till the downfall of Ayub Khan. Ayub Khan abrogated his own Constitution and declared Martial Law following massive agitation and violence in all parts of East and West Pakistan. When the establishment reached the final conclusion that East Pakistan is not governable in future, it decided to revive the historic provinces and held provincial elections in the whole country. Following the 1971 disaster, power was handed over to the majority party in West Pakistan and Bhutto formed the Government. He started the process to frame a new constitution of Pakistan. He first approached the NAP leaders who agreed to go into negotiations framing a new constitution. From day one, Mir Ghous Bakhsh Bizenjo agreed to the proposal and Wali Khan gave green signals to him in presence of Ajmal Khattak, then Secretary General of NAP.

When the Constitutional Accords between the NAP and PPP concluded, it was referred to the General Council of the NAP which disapproved it under the leadership of Wali Khan and vowed to fight Bhutto and his Government. Following the unilateral breakdown of the Constitutional process, Bhutto referred to religious parties who cooperated and helped him in framing and Islamic Constitution replacing a democratic constitution. Mir Bizenjo was first from NAP to back the 1973 Constitution when it was tabled in form of a resolution. He forced Wali Khan to back it in spite of his reservations and opposition. It was Bizenjo whole forced Wali Khan to vote the 1973 Constitution or the Islamic Constitution. However, three MNAs from Balochistan, Nawab Khair Bakhsh Marri, Dr Abdul Hayee Baloch, and Madam Jenifer Musa did not vote in favour of 1973 Constitution. It was considered that Balochistan, a strategic Federating Unit, had vetoed it. It was a serious matter and the rulers were worried that a full Federal Unit had vetoed the Constitution. On this issue, Law Minister Hafeez Pirzada took the floor and announced that the Concurrent List of the Constitution would be handed over to the Provinces after ten years.

It took four long decades to pass the 18th Constitutional Amendment. The Establishment disapproved it as it was against to grant any amount of autonomy to the Provinces and wanted to make Pakistan as a highly centralized country. For this, there was a complete black out of the biggest constitutional event in the political history of Pakistan and no news channel reported it or offered any comment. Such a strict black out indicated that the Establishment is highly annoyed and offended. It confirmed that the establishment wants to retain maximum powers in the provinces, directly or indirectly, for obvious reasons.  When the Constitution was passed by the Constituent Assembly, Late Bhutto kept a copy of the Constitution of Pakistan in the Museum with the clear indication that it is not for implementation. That is why the Prime Minister of Pakistan had become Monarch or according to Imran Khan Moughal-I-Azam and the people of Pakistan are his subjects for practical purposes. Fundamental rights of the people have never been restored to this date in its true spirit. That is why the former President of Pakistan and a big leader of the country is complaining that his close aides and colleagues had been taken hostage.