March 23: Reflecting Together Nationally

Jawad Ali

Karachi: Quaid-e-Azam Muhammad Ali Jinnah, the founder of Pakistan, thanked Congress and said, “You have given us a word now.” 

This set the process in motion for the 1940s, when, due to the political backpedaling of Congress politicians, the “Lahore Resolution” became the “Pakistan  Resolution”.

It was the political immaturity of a so-called political outfit claiming to represent the entire undivided nation of India.

The resolution was drafted between March 22 and 24, 1940, by the 25-member Working Committee of the All-India Muslim League and then formally adopted by the Muslim League membership at its general session on March 23, 1940, held in Lahore. 

The resolution called for greater Muslim autonomy within British India, particularly in Muslim-majority regions such as Punjab, Bengal, Sindh, and the NWFP.

While initially aimed at demanding autonomy, the “Lahore Resolution” later became synonymous with the call for a separate Muslim state, eventually leading to the creation of Pakistan in 1947.

 The resolution was presented at Minto Park (now renamed ‘Iqbal Park’) in Lahore by Maulvi A K Fazlul Huq at the direction of the Working Committee.

In fact, from the 1940s on, the Muslim League’s objectives became firmly focused on attaining an independent nation-state. The party’s main goal was to establish a separate country where Muslims could govern themselves.

The 1940 resolution marked a pivotal turning point in the Muslim League’s agenda, shaping its direction and guiding its efforts towards achieving the dream of a sovereign Muslim state.

Today, the importance of the 1940 resolution is symbolized by the Minar-e-Pakistan, a structure that stands in the Greater Iqbal Park, Lahore, as a monument commemorating this historic event.

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It was constructed to mark the spot where the Lahore Resolution was passed, signifying the aspirations and determination of the Muslims of the subcontinent to achieve a separate homeland.

Therefore, the Minar-e-Pakistan holds immense symbolic importance as a reminder of the Lahore Resolution and the subsequent struggle that led to the creation of Pakistan in 1947. 

It serves as a place of remembrance and reflection for Pakistanis, reminding them of their collective journey towards independence and the values of unity, perseverance, and self-determination.

Against this backdrop, it is unfortunate and disheartening to hear rumors about the rollback of the 18th Amendment that are gaining ground with each passing day. The 18th Constitutional amendment in 2010 was hailed as being the most important in the transfer of powers from the President to the elected chambers.

It gave more powers to the upper and lower houses to legislate and devolved powers to provincial assemblies.

The undoing of the 18th Amendment will not only be against the spirit of the 1940 resolution but will also pave the way for further schism and hatred in the small provinces and adversely affect the unity of Pakistan. The 18th Amendment to the Constitution of Pakistan 1973 was passed by the National Assembly on April 8, 2010.

Following this, the amendment bill was also approved by the Senate of Pakistan on April 15, 2010. Subsequently, it officially became an act of parliament when President Asif Ali Zardari signed the bill into law on April 19, 2010.

This historic event marked the first time in Pakistan’s history that a president voluntarily ceded a significant portion of its constitutional powers, transferring them to the parliament and the office of the prime minister.

Undoubtedly, the Eighteenth Amendment represented a significant transfer of powers to the elected chamber.

The government was thrilled by its unanimous approval, which indeed was a historic moment, reminiscent of when Mian Raza Rabbani led the Parliamentary Committee on Constitutional Reforms and endorsed its draft.

Many have hailed it as the best constitutional package since the original 1973 Constitution, as it bears a striking resemblance to it and was also unanimously passed by Parliament.

For the first time in Pakistan’s constitutional history, the President willingly surrendered powers to the Prime Minister. Additionally, it was noted that politicians demonstrated remarkable unity, maturity, and exceptional tolerance towards each other’s viewpoints.
However, this amendment, by empowering both the upper and lower houses, significantly strengthened democratic institutions like Parliament and the Senate. Now, Parliament has more authority and control over important decisions.

For example, it could hold a joint meeting to decide on the Prime Minister’s suggestion for a referendum. Previously, Parliament only set the rules for referendums and counted the votes. Also, the process of making laws was made simpler by making the Parliament alone responsible for it.

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Before, a committee could delay laws, but not anymore. Now, each house of Parliament or a joint session is empowered to approve or reject a law. Additionally, the President’s time to review a law passed by Parliament was reduced from 30 days to just 10 days.

The 18th Amendment devolved significant powers to the provinces, promoting autonomy and decentralization. Rolling it back would centralize power again, undermining the progress made in empowering provincial governments. 

Reversing a constitutional amendment can create instability and uncertainty in the legal framework of the country, which is essential for ensuring the rule of law and governance.

 The amendment was aimed at fostering inter-provincial harmony by addressing grievances and empowering provinces to manage their affairs.

Reversing it could reignite tensions between provinces and lead to increased central-provincial conflicts.

The 18th Amendment was a product of democratic consensus and reflected the will of the people. Undoing it without due process could undermine democratic principles and erode public trust in the government.

Any attempt to roll back the amendment could spark protests and opposition from political parties, civil society, and provincial governments, leading to political turmoil and social unrest.

The reversal of the 18th Amendment poses a significant risk to Pakistan’s governance, stability, and democratic framework.

The consequences of such an action would reverberate across the nation, potentially leading to increased centralization of power, heightened inter-provincial tensions, and an erosion of democratic principles. 

These far-reaching consequences could prevent Pakistan’s progress towards a more inclusive and decentralized system of governance, ultimately exposing the nation’s political stability and social cohesion to danger. 

Therefore, it is imperative for policymakers to carefully consider the implications of any rollback of the 18th Amendment and prioritize the preservation of Pakistan’s democratic institutions and principles.
Provincial autonomy is the most important lesson to be learned from the debacle in Bengal.

Jawad Ali holds a postgraduate degree in Pakistan Studies and serves as a lecturer at NED University of Engineering & Technology in Karachi.

The article is the writer’s opinion, it may or may not adhere to the organization’s editorial policy.