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Towards a constitution of justice, accountability, and shared prosperity

34 0
26.08.2025

The Constitution of Pakistan, enacted in 1973, was meant to be a social contract between the people and the state, guaranteeing fundamental rights, justice, and good governance.

Yet, fifty-two years later, the lived reality of the people tells another story: a story of unfulfilled promises, systemic failures, entrenched corruption, and the deliberate neglect of the citizen’s most basic rights.

In the twenty-first century — defined by rapid digitization, globalization, and the transformative impact of artificial intelligence — the 1973 Constitution in its current form is unable to guarantee transparency, accountability, efficiency, or minimized corruption.

It lacks enforceable mechanisms for ensuring that fundamental rights are not mere statements but living realities. This structural weakness has rendered our constitutional rights ornamental, often ignored by those in power.

The urgent need today is not cosmetic amendment, but a profound restructuring of constitutional principles, obligations, and enforcement mechanisms to make the Constitution compatible with the third decade of the twenty-first century.

Without such reforms, Pakistan will remain caught in a vicious cycle of poverty, weak institutions, and political instability.

Fundamental rights reduced to empty promises

One of the most glaring constitutional failure lies in the enforcement — or rather, non-enforcement — of fundamental rights. Article 25A of the Constitution for example declares:

“The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.”

Article 7 defines the state as the federal government, parliament, provincial governments, provincial assemblies, and such local or other authorities empowered to impose tax or cess. The meaning is clear: every organ of the state is obligated to ensure that no child in Pakistan is deprived of free and compulsory education.

Yet, the reality is that millions of children remain out of school—begging on streets, working in hazardous conditions, or simply roaming aimlessly. Provincial laws enacted under Article 25A repeat the state’s duty but fail to produce results. The governments—federal and provincial—have grossly failed in their constitutional duty, diverting resources to prestige projects and political optics rather than investing in human capital.

This neglect is not merely a policy failure; it is a constitutional betrayal. When a child is denied education, the Constitution is violated. When a government builds........

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