Pakistan Resolution Day March 23: Contradictions Between Theory And Practice, And The Quest For A New Beginning – OpEd
March 23 is celebrated at the state level across the country each year. Yaum-e-Pakistan or Pakistan Resolution Day, also Republic Day, is a national holiday in Pakistan commemorating the Lahore resolution and the adoption of the first constitution of Pakistan. At the start this day was celebrated for adopting the first Constitution of Pakistan during the transition of the dominion of Pakistan to the Islamic Republic of Pakistan on 23 March 1956, making Pakistan the world’s first Islamic republic.
Later, this day is celebrated due to its significant and historical importance in line with marking the momentous occasion when the Lahore resolution was passed on March 23, 1940.
The day commences with prayers for solidarity and progress across the nation. As the sun rises, Pakistan’s national flag adorns public and governmental buildings while the air resonates with the thunderous echoes of a 31-gun salute in Islamabad and a 21-gun salute in provincial capitals. A poignant change of guard ceremony takes place at the mausoleums of Muhammad Iqbal and Muhammad Ali Jinnah, paying tribute to their pivotal roles in Pakistan’s journey to independence.
Amazingly, “the more it is celebrated, the less it is understood by the people and acted upon by the rulers” in its true spirit since the beginning. This day has become merely performing a ritual without reading or understanding the very text of the Resolution by the overwhelming majority of parliamentarians, civil-military elites, business tycoons, and religious leaders, including academics and students in attendance at such momentous events.
The full text of the 1940 resolution mainly called for independent sovereign states: That geographically contiguous units are demarcated regions which should be constituted, with such territorial readjustments as may be necessary that the areas in which the Muslims are numerically in the majority as in the North Western and Eastern Zones of (British) India should be grouped to constitute ‘independent states’ in which the constituent units should be autonomous and sovereign.
The same words were mentioned in the Fourteen Points proposed by Muhammad Ali Jinnah on 9 March 1929 in response to the Nehru report to defend the rights of the Muslims of the sub-continent: two relevant points are reproduced as mentioned below:
1. The form of the future constitution should be federal, with the residuary powers vested in the provinces.
2. A uniform measure of autonomy shall be granted to all provinces.
Furthermore, the Objectives Resolution, adopted by the Constituent Assembly of Pakistan on March 12, 1949, which paved the way for making the Constitution of Pakistan, in its Sixth point, also called for the autonomy of the provinces, “that Pakistan shall be a federation and its constituent units will be autonomous.”
The first two constitutions of Pakistan, 1956 and 1962 too, included the objective resolution as a preamble of the constitutions, and later on, it became a substantive part of the present 1973 constitution. In theory, despite all constitutional guarantees about granting autonomy to the provinces but contrary to that the ruling elites, irrespective of civil or military governments for the last seventy-seven years since independence, have, in practice, actualized the strong federation and denied the autonomy of provinces even in the lifetime of founding father, Quaid-Azam Muhammad Ali Jinnah.
Although he was a great admirer and advocate of provincial autonomy in theory, but in practice, he terminated the elected provincial government of Khan Abdul Jabbar Khan (Dr. Khan Sahib) on 22 August 1947 as a Governor-General of Pakistan and, by his orders, annexed Kalat state through military force. The Khan of Kalat, Ahmad Yar Khan, had initially resisted joining Pakistan and had enjoyed independence for about seven months. However, after a brief resistance, the Khan of Kalat was forced to surrender. The annexation was formalized on March 27, 1948, when Khan of Kalat signed an Instrument of Accession, merging the Kalat State with Pakistan.
Furthermore, contrary to the theory envisaged in the Lahore resolution, the Indian Independence Act of 1947 did not provide for the provinces to be fully autonomous. The act established a centralized government in newly created Pakistan, with significant powers vested in the Governor-General and the central legislature, and Quid-Azam himself became the first Governor General under the same act in which the provinces had limited autonomy and were subject to the authority of the central government.
This contradiction in theory and practice further deepened with the introduction of the parity formula in the first 1956 Constitution of Pakistan, which further curtailed provincial autonomy, particularly for East Pakistan. By giving equal representation to both wings, despite their population difference, the parity formula effectively reduced the representation of East Pakistan in the National Assembly. On the other hand, the amalgamation of the provinces in the west wing invited great resentment against the creation of one unit.
This arrangement was seen as a limitation on provincial autonomy, as it gave disproportionate influence to West Pakistan in national decision-making. The parity formula was one of the factors that contributed to the sense of disenfranchisement and marginalization in East Pakistan, which ultimately led to the separation of Bangladesh in 1971.
Thereafter, holding the country’s first-ever general elections based on universal franchise in the year 1970, the country got a consensus document in the shape of 1973 constitution introducing the first time a bicameral parliamentary system of governance (National Assembly +Senate) to address the issues of provincial autonomy in line with Jinnah’s 14 points, 23rd March, “Lahore resolution” and Objectives resolution 1949.
Though the 1973 Constitution of Pakistan is considered a federal constitution that granted significant autonomy to the provinces. It was a major departure from the earlier constitutions, which had a more centralized approach. The new Constitution grants provinces significant autonomy, allowing them to manage their affairs and make decisions on matters such as natural resources, infrastructure development, and law and order. The Constitution also established the Council of Common Interests (CCI, a forum for consultation and coordination between the federal government and the provinces on matters of common interest.
but the federal design remained centralized and majoritarian, followed by the presence of the concurrent list. Therefore, it failed to satisfactorily address the issues of provincial autonomy in the presence of the numeric preponderance of the Punjab province.
This demographic inequality meant that a political party enjoying the support of Punjab alone could dominate the center, leaving smaller provinces, especially Balochistan, with limited influence in legislation and protection of their rights, including opportunities in the center. Consequently, the centralized and majoritarian nature of the federal design remained a major institutional driver of center-province tensions and inter-provincial disparities. With the Punjab accounting for 56 percent of the country’s total population, the centralized and majoritarian federal design effectively translated into the ‘Punjabisation’ of Pakistan, pointed out by Rafiullah Kakar in one of his research papers.
Nevertheless, the Senate’s limited powers concerning money bills and the indirect election method for the upper house, coupled with massive horse trading in Senate elections, has rendered the Senate meaningless and merely a debating club only.
The continuation of a centralized and majoritarian federal model, coupled with the severe under-representation of the smaller provinces, particularly Baluchistan, in the federal bureaucracy, military, superior judiciary, and other federal-run authorities and corporations, resulted in a political and economic dominance of Punjab and created a sense of deprivation, alienation in the rest of federating units including Gilgit Balthistan and Azad Jamu and Kashmir.
However, the disparity between smaller provinces versus federation, to a great extent, has been addressed after the passage of the 18th amendment in the shape of 7th (NFC) award. Particularly met the long-standing demand for autonomy of the smaller provinces, in the shape of the abolition of the concurrent list and devolution of 47 subjects enumerated in the Concurrent list to the provinces from the center coupled with the grant of equal provincial ownership over oil and gas resources, the revival of CCI, and constitutional protection of the provincial share provided for in the 7th NFC Award.
However, the 18th Amendment did not address the underlying features of flawed federal design and numerical dominance of Punjab due to the majoritarian democratic system in vague that contributed to the sense of deprivation and alienation in the smaller provinces, particularly Baluchistan and khyber Pashtoonkhawa.
Further, despite the revitalisation of CCI in the 18th amendment to promote ‘shared rule’ at the center, it has failed to deliver on its promises for several reasons. One major issue is that the CCI has not met regularly, even though it hasn’t met for years, due to its flawed structure and hegemonic behavior in the center. Another problem is the CCI’s limited powers. While it can make recommendations, it lacks the authority to enforce its decisions, making it difficult to hold the federal government accountable.
Furthermore, the CCI’s membership composition can also be a hindrance. With the Prime Minister as its chair and federal ministers as members, there is a risk of bias towards federal interests rather than provincial concerns. Additionally, the CCI’s role in ensuring provincial autonomy has been compromised by the federal government’s tendency to centralize power. This has led to tensions between the federal government and provincial governments, making it challenging for the CCI to effectively address their concerns, including the country’s powerful military, which historically has not reconciled to the idea of a decentralized federation, revision of majoritarian rule and granting provincial autonomy in true sense. Resultantly, the country is in the grip of political instability, economic meltdown, judicial anarchy, and, above all, facing the worst security challenges on both internal and external fronts, particularly volatile security situation in Baluchistan by and resurgence in terrorist attacks in Khyber Pashtoonkhawa coupled with unrest in AJK and Gilgit Balthistan .
In conclusion, this year, let us celebrate 23rd March in its true sense rather than merely in a traditional way. Let’s grant provincial autonomy to the federating units envisioned by the founding father Muhammad Ali Jinnah in its 14 points, repeated the same in Pakistan resolution on 23rd March 1940, included in the objectives resolution 1949 and later on guaranteed in all the three constitutions of the country.
Let us cease this auspicious occasion by putting our heads together, finding new ways and means, keeping in view our past mistakes, and moving forward for a prosperous and peaceful future by carrying out a surgical audit for course correction of the flawed and failed governance system including our utterly failed political economic social and security related internal and external policies.
Also, let’s work hard holistically for the establishment of a truth and reconciliation commission to dig out the blunders and atrocities committed in the past and based on its consensus findings, frame an acceptable, credible, and inclusive new social contract guaranteeing service delivery to the public without any discrimination, justice and fair play, free from all kinds of exploitation, dominance, exclusion coupled with drastic structural reforms in the whole governance system that ensure an inclusive and pluralistic distribution of power rather than a monopolistic one, at the national level.
