The Birth Pangs of Democracy: A Critical Analysis of Pakistan's Early Constitution Making

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Saqib Ullah Khan
Habib Ullah
Jafar Nazir

Abstract

Pakistan's independence in 1947 marked the beginning of a constitution-making period, which is known to be one of the most critical. This paper introduces justifications and dilemmas that were essential for this young democracy`s establishment. It examines an ideological conflict over an Islamic state vs secular democracy, which at the same time are intrinsically interwoven and tend to create complications in the process of defining individuals’ religious identity within a democratic system. The paper then looks into federalism issues, discussing the disputes on regulation of provincial rights, management of power, and existence of federal institutions that cater for the interests of the diverse ethnicities. Notwithstanding the statement, the author will be peering into the cups of how to find the middle position between the executive, legislature, and judiciary powers while also examine the military position within the constitution. Socioeconomic matters and integrity of social justice is also analyzed in the module with the focus being to determine how the initial constitution was receptive or unresponsive to inclusive land reforms, economic imbalance and women and minorities' rights. Through critical examination of these challenges that will permanently mark the history about the development of Pakistani democracy and the early constitutional system, this paper makes some critical points regarding today's affairs.


Keywords: Constitutional Dilemma, Islamic State, Secular Democracy, Social Justice.

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