Article 6; Guilty of high treason?
Military invasions throughout history have been witnessed many times where an egocentric Military Leader of adventurous nature took over a Country, State, or Empire. There always have been more bad impacts than advantages of the Military occupation, and it has always caused nations backwardness, bad governance system, bad economies, many Empires even couldn’t sustain Military Occupation and fell apart. Article 6
If any institution of a Country, State, or Empire comes out of its domain and tries to come into power, using power, over its people, the whole nation has to suffer the consequences. If we see through history we can keenly observe that not a single nation has ever prospered under Military occupation. A country that kept on going through military invasions will always be underdeveloped. Article 6
The truth is that a country under Military invasion is declared as under war, due to which interest of every foreign Ambassador, whether he’s a tourist, or an investor becomes zilch, and as a consequence, the country starts to become less important in eyes of the world and the end it gets abandoned. Article 6
In the current world, we can witness Countries that are developed, have not been under any Military Occupation since last five or six centuries, in addition, that they are constantly evolving their laws according to their connivance, that assures Rule of Law, Governance System, Judicial System, is working as it should be. Article 6
We cannot compare law-abiding citizens of developed countries with us, because their Laws and rules are easily adaptable by them, as those Laws and rules have gone through specific evolution according to their cultural, moral, and social norms, and even that took a longer period for these nations to make these laws and rules abide able. Article 6
In Pakistan, it’s been four times that the Military has taken over
Pakistan rose on the World Map as it gets separated from India getting independence from the British Raj. After getting independence, Pakistan became heir to Laws written by Britain to govern United India. These Laws had to be followed and adopted by the people of Pakistan because Pakistan didn’t have any laws or rules to be followed, in addition, that Pakistan didn’t even have its constitution at that time. In Pakistan, it’s been four times that the Military has taken over. Article 6
If we sum up those tenures we conclude that the Military has ruled for over thirty years on one of the youngest countries of the World, during which the constitution has remained suspended. In addition to that, no Military leader has been punished till now, despite Article 6 being a due procedure to punish the individual, who abrogates the constitution.
Since the very beginning when Pakistan in its early years didn’t have its constitution, it was being occupied for no good reason, and the rest of the invasions are also identical, having the same course. In the United Kingdom, Armor Oliver’s body was dragged out of the grave and was hanged, for abrogating the Constitution of Britain. The purpose of which was to give a message, that whoever will abrogate the Constitution, shall not be spared even after his death. Article 6
There should be proper accountability under the due process of law, which is the need of the hour. Article 6 needs to be imposed on every individual who has abrogated or being a party to abrogate the Constitution. If accountability is held and every individual of the nation is obliged to the Constitution, then there is no reason that there would be no Rule of Law, a bad Governance system, or a bad Judicial System. 99.5% of Pakistanis don’t even know their constitutional rights. Article 6
“Not knowing the law is no excuse.”, this line puts a responsibility on the shoulder of every individual of the nation to become familiar with the Laws and rules and play their part in developing them. Amendments in the Laws and rules are key to adaptability, for being accepted by the citizens. Article 6
Unfortunately, the LawmakersLawmakers in Pakistan including the members of the legislature, and civil servants are not much familiar with the Law, its adaptability, its imposition, and the consequences of its imposition. Keeping their corruption aside they are keeping the nation in dark, almost 2 centuries old laws are being followed in Pakistan in the year 2021.
In conclusion, we can say that Article 6 should be implemented on whoever abrogates the Constitution or being a party to abrogate the Constitution, this will make obliged every individual of the Nation to be obliged by the Constitution, and that will make sure the Rule of Law, the Law and Order situation, Good Governance system, Good Judicial System, there is no reason that the Nation would still be the same underdeveloped nation, having bad Governance System, Bad Economy, Bad Healthcare System, Bad Law and Order Situation, Bad Judicial System. The whole Nation would be able to observe development in every sector in every aspect.
Arslan Ali Sheikh is a law graduate and an avid reader. He is working in the judicial branch and aims to strengthen it by innovation and strength.