Back to Jinnah

Published February 3, 2002

When, on that rare occasion, we have heading this country a liberal man who preaches tolerance and who tells us that Pakistan was envisioned by its founder as a modern, free-thinking, liberal, secular state, in jump the mulla-maulvi faction, the obscurantists, the thesis writers, the great thinkers, some of whom were not even a gleam in their mother's eye when Jinnah was around, who flail their arms and shriek 'treason' at the word secular, and who with their narrow-minded thinking, intolerance and bigotry claim falsely that they are 'Islamic'.

In a recent interview with Newsweek, Musharraf spelt out his vision of what Pakistan's founder had in mind for his country, a vision he intended to bring to material form. Naturally, editorials were written expressing horror, protests poured in from all sides, and then entered his obsequious spokespeople with the inevitable 'clarification'. And so it will continue, for much time to come, for as long as this nation is kept illiterate and uneducated and unable to reason, think, look around at the world it inhabits, and comprehend what it must do to fit into it. But we must never give up; we must continue to press home the points pressed by the man who gave this nation a homeland.

Three months before the partition of the subcontinent, in an interview with Doon Campbell of Reuters, Jinnah firmly stated: "The new state will be a modern democratic state with sovereignty resting in the people and the members of the new nation having equal rights of citizenship regardless of religion, caste or creed." He repeated this on August 11, 1947, whilst addressing the members of his Constituent Assembly, making it doubly clear to them that religion is not the business of the state. He told them: "You are free, free to go to your temples, you are free to go to your mosques or to any other places of worship in this state of Pakistan. You may belong to any religion or caste or creed that has nothing to do with the business of the State." He could not have been more explicit.

Our learned men have it that the first steps taken in the Republic of Pakistan towards the framing of a constitution was the moving of the Objectives Resolution in the Constituent Assembly on March 7, 1949, by the prime minister, Liaquat Ali Khan. The view is that this Resolution was intended to be a mish-mash of the general principles of an 'Islamic' state and the accepted concepts of a modern 'democratic' state. What the mish-mash has resulted in is a variety of conflicting interpretations, the orthodox and the obscurantists claiming that the Islamic tenets dominate and the more progressive, forward-looking plumbing for the democratic parliamentary way of governance.

When it was moved, the non-Muslim members of the Assembly expressed their fears that were the Resolution to be passed maulanas would gain the upper hand, and some questioned the phrase stipulating that the "state will exercise authority within the limits provided by Him." What are the limits proscribed by God, they asked, and who will define those limits? Will it be the mullas or the gentlemen of a more liberal bent of mind? Could a non-Muslim become the head of state, for example? Liaquat Ali Khan's response was rather ambivalent--in an Islamic state, he said, it would be "absolutely wrong to say that a non-Muslim cannot be the head of administration under a constitutional government." Maulanas held differently and firmly : "The Islamic state means a state which is run on the exalted and excellent principles of Islam [and it] can be run only by those who believe in those principles....".

Dispute and divergence of view, disagreement and differences from day one. Yet, the honourable gentlemen of the Assembly, most of whom must have been present on August 11, 1947, when Mohammad Ali Jinnah laid down for them the principles which he wished to be embodied in the constitution of his country, took it upon themselves that day to repudiate the man responsible for putting them where they were.

Hasan Zaheer, of the erstwhile all-powerful CSP, in his book 'The Separation of East Pakistan', writing on constitution making, has this to say on the contentious Resolution: "Liaquat Ali Khan, while moving the Objectives Resolution, claimed that since it provided for the exercise of power and authority of the state 'through the chosen representatives of the people', the Resolution naturally eliminates any danger of the establishment of a theocracy.

Little did he realize the opening that the Resolution was giving to the obscurantists and what the Munir Report called 'political brigands and adventurers, even nonentities' to exploit the name of Islam in mundane political affairs and jolt the foundations of the state from time to time. None of the three covenants of the Muslims of the subcontinent, which spelled out the unanimous demand for a separate Muslim homeland, or homelands--the Lahore Resolution of 1940, the Madras Resolution of 1941, and the Pakistan Resolution of the Legislators' Convention of 1946--or the debates leading to these resolutions had mentioned anything about an Islamic state. Over the years, the Resolution proved a perennially divisive point of reference in the polity of Pakistan."

It is this Resolution which forms the preamble to the Constitution of 1973, and it is this Resolution which, as Article 2A, is a substantive part of the Constitution, and which has more than proven that it is indeed not only highly divisive but also destructive. And, to boot, our great makers, breakers and amenders cannot even get it right. In the preamble, in one sentence, the original resolution has been adhered to: "Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;" whereas in Article 2A which forms the Annex to the Constitution in the very same sentence the word "freely" has been omitted. Whether this was done wittingly or unwittingly is not known, but the question is that after the passage of 16 years since 2A was inserted by PO No.14 of 1985 why has it not been corrected? Is there a motive behind the omission of the highly pertinent and important word? Were our amenders plain sloppy, or were they wicked?

Musharraf rode in on horseback, and now is riding high. So far he is on the right track. His reflexes are sound. He has not yet heard messages from on high. But he does need to shun the oleaginous perennial sycophants who equate being with him as being in the presence of greatness, or who praise him fulsomely for his penetrating mind, his iron resolve, his calm demeanour. He does not need to be glorified or exalted. He needs to be supported.

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