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1. National Unity and Cohesion in Pakistan: A Critical Assessment of the Constitution 1973

Author:
Naseem Anthony, Ghulam Mustafa, and Sonia Patras
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Pakistan is a galaxy of religions and a land having rich cultural diversity. Such attributes have fascinated the research scholars, political scientists, and sociologists for studying the elements that, despite of indifferences, have connected the people. Pakistan was a political demanded of a visible Muslim minority of Sub-Continent to have a piece of land where the deprived and oppressed community (Muslim) can enjoy the liberty and freedom of their culture, tradition, and religious rituals. However, when the Pakistan Movement was on its full spring, other small minorities have also joined hands. Furthermore, Quaid’s vision for a democratic, tolerant, and inclusive society convinced the other minorities and ethnic groups for opting to live in Pakistan. The constitutional and political history of Pakistan reflects the efforts and energies invested by the decision makers to strengthen the national unity and cohesive bond. The research topic ‘National Unity and Cohesion in Pakistan: A Critical Assessment of Constitution 1973’ is an attempt to identify the constitutional provisions for ensuring national unity and cohesion. The qualitative method has been deployed in which the researcher studied the material already produced on the same topic and conducted interviews. The primary objective of this endeavour was to assess the constitutional commitments and the political will to ensure implementation. Additionally, the factors that have affected the implementation and disturbed the social fabric of Pakistan contributing to increase marginalization of weak segments of society and excluding some specific groups from the mainstream.
Topic:
Minorities, Constitution, Social Cohesion, Inclusion, and Unity
Political Geography:
Pakistan and South Asia

2. Paradoxes of Judicial Independence: Issues and Challenges of Constitutionalism in Pakistan

Author:
Sadia Mahmood Falki and Aisha Shahzad
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Pakistan has oscillated between weak civilian rules and military regimes throughout its history. Military co-option with the judiciary, alongside few exceptions commenced an era of dissolutions in 1988. This led to develop an institutional imbalance which undermined the representative institutions by upholding the presidential orders to dismiss federal and provincial assemblies in Pakistan. The judiciary in Pakistan largely remained a reactionary institution as it endeavored for the self-preservation rather than upholding the constitutionalism and enforcing the rule of law. Judiciary‟s political assertiveness during the decade of 1990s by addressing the political questions led to decline of its impartial character. This research expounds that judiciary‟s informal support for military increased the federal challenges of Pakistan and enhanced the authoritarian features of the state. This paper also explicates that by validating the dismissals of the representative institutions and authorizing the military regimes to amend the constitution, Judiciary compromised its judicial independence, which is one of the salient features of Constitution of 1973. Keeping in view the nature of case study and employing qualitative approach of research, this paper largely addresses the key question that how judicial Independence is relevant to the issues of federalism and democracy in Pakistan.
Topic:
Democratization, Development, Constitution, Judiciary, Federalism, Independence, and Civil-Military Relations
Political Geography:
Pakistan and South Asia

3. Legitimacy and Significance of Art. 2A in the Constitution of Islamic Republic of Pakistan, 1973

Author:
Naveed Ahmed, Nawaz Khan, and Bakht Munir
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Religion is a nearly common institution in humanity. It is found in all societies past and present. All the prehistoric societies have the influence of religions in their societies. Religion goes back to commencement of the culture itself. There is no primeval society without religion. It is social treatise that deals with familiarity and restraint. Religion is concerned with the shared beliefs and practices of human being. Allah being creator of this universe delegates his authority to those who owes it as a sacred trust in order to maintain peace and justice on this earth as per his commandments. Islam is an ideology sanctioned by revealed law. It is a way of life universal, humanitarian, eternal and egalitarian based on equality, fraternity, justice and liberty. Now, it is the duty of the state as well as the people of Pakistan to resort to the golden rules of Islam as enunciated by the Holy Quran and Muhammad (PBUH), in all fields of life. The key concern of this research is to evaluate the legitimacy of Art. 2A in the constitution of Pakistan and how is it practiced in Pakistan?
Topic:
Religion, Arts, Culture, Constitution, and Legitimacy
Political Geography:
Pakistan and Middle East

4. The Weight of Words and Limit to Freedom of Expression: A Journalists’ Perspective in Pakistan

Author:
Savera Shami, Ayesha Ashfaq, Shazia Ismail Toor, and Uzair Hassan
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Freedom of Expression is one of the most widely protected and debated constitutional right. It can be traced in almost all parts of the world. When it comes to guarding basic rights and especially with respect to freedom of expression it is also protected in Pakistan‟s constitution. The Article 19 of Constitution of Pakistan defends the right to freedom of expression of its citizens but freedom of expression is still not being a cherished idea in Pakistan. Therefore. this study is designed to understand the factors influencing the freedom of expressions in Pakistani media. This study also aims to investigate the role of pressure groups in cribbing media freedom of expression. To fulfill the purpose of the study, survey method is used, 100 Lahore based Journalists who are working in electronic media are selected through simple random sampling. The responses of the journalists are analyzed under agenda setting theory. This study concludes that Pakistan media is not working freely. Journalists in Pakistan agree that they face restrictions from pressure groups. According to them, Military and political groups are the strongest pressure group that influence the freedom of expression in Pakistani journalists. As this research points out the impact of pressure groups on media content and also indicates that how media content is mold according to the perception of pressure groups.
Topic:
Media, Constitution, Freedom of Expression, and Journalism
Political Geography:
Pakistan and Middle East

5. Indian Constitutional Rearrangements in Jammu & Kashmir and the Responses of Kashmiri Diaspora

Author:
Lubna Haroon and Nazir Hussain
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
In the aftermath of August 5, 2019, almost the entire population of Indian-held Jammu & Kashmir was placed under stark lockdown with pro-freedom and mainstream politicians arrested. This was to prevent any outbreak in response to the revocation of region‟s special status. There were only two indigenous constituencies left for campaign and raising voices; „Pakistani-administered‟ J&K and Kashmiri diaspora. The diaspora‟s feeling of being backstabbed created a sense of dispossession and alienation. Kashmiri diaspora across the globe mobilised on various fronts ranging from diplomatic, social, political, academic, and media. Though they managed to highlight the Kashmir conflict internationally, but they could not make some tangible impact as India‟s constitutional re-arrangements and the human rights violations in Jammu & Kashmir continued unabated.
Topic:
Human Rights, Migration, Diaspora, Social Movement, Constitution, and Protests
Political Geography:
India and Asia

6. Military and Democracy: Conflict Resolution in Reference with Constitutional and Political Development of Pakistan

Author:
Iqra Khalil and Naveed Ahmed
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
A strong army plays an important role for the defense and security of any country. Without a strong army, no country can survive smoothly. Unfortunately, in Pakistan, army remained dominant in the political and constitutional development since independence because of some loopholes in the political and constitutional system. Consequently, Pakistan had to face various military coups. In British India, Army neither tried to overrule the Constitutional and political decisions taken by the Government, nor took over the country and the same rule was followed by the Indian army after independence which ultimately strengthens their political institutions. Whereas Pakistan has to face various successful as well as unsuccessful coups which not only derail the political institutions but also destabilizes the social, economic and legal systems of the country. The purpose of this article is to critically analyze the role of army in the political and Constitutional development of Pakistan especially the role of courts in validation of the different coups imposed by military dictators. This article deals with the recent constitutional amendments and judgments delivered by superior courts and to look how far the judiciary can go to stop further military intervention in the political affairs of Pakistan?
Topic:
Conflict Resolution, Democratization, Development, Politics, Military Affairs, and Constitution
Political Geography:
Pakistan, South Asia, and Punjab