Preamble & Article 2A… “Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust…; Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed…,
Article 227. (1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunctions…;
Article 5. (1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the [inviolable] obligation of every citizen…;
Article 37(i) The State shall decentralize the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.
Article 32. The State shall encourage local Government institutions composed of elected representatives of the areas concerned and, in such institutions, special representation will be given to peasants, workers and women.
Article 140A. Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.
Article 37(d) The State shall ensure inexpensive and expeditious justice;
Proposed Way Forward
We need to pledge as a nation that Quran is not only the Book to be kept in shelves but a living document from ALLAH to follow and practice our lives accordingly in present and all times to come. Quran and Sunnah be adopted as Supreme Constitution with immediate elimination of riba (markup) and application of Quran and Sunnah based social, judicial and financial system.
We need to regenerate our belief in our Constitution and then practice our lives accordingly with space for evolution of laws based on our requirements instead of allowing ourselves to bypass the laws even for good intentions.
Faith in good intentions at the cost of constitution or law is a suicidal attitude in any civilized society that may lead to a complete disaster. We need to look into our shortcomings, fix those and attempt to improve our laws providing solutions to both the state apparatus to perform their functions and people to enjoy life and liberty.
The bureaucratic barriers be removed and state functions be decentralized from provinces to districts (primarily police and revenue) and counties/town (primarily water and waste) to meet the convenience and requirements of people.
All provincial and district and county/town governments to have new purpose built complexes at new places adjoining major cities/towns to provide all functions at one place. State machinery and expenditures to be immediately reduced to 25% for official and smart governance.
State functions be carried out through e-governance with time checks. Public contact with state officials be restricted for functions be carried out such as issuance of revenue fards, police investigation, customs clearance, tax application, clearance of bills, tendering etc.
All public service providers be taught and evaluated for Quran, Sunnah and Constitution of Pakistan. State officials and their spouse be fully taken care of by the state till death in lieu of their life long selfless service. However, state officials or their spouse shall not be allowed to own any property or business for complete life.
Number of judges be increased to the extent required by judiciary for timely disposal of cases. Maximum limit for conclusion of a case be 12 weeks. All citizens to have free compulsory legal service from birth till death through law firms against a fixed fee of Rs.50 per registered person per month payable by the State to the firm. Lawyers to assist courts in determination of facts and application of correct law. All laws, rules, codes, procedures be simplified and contracts be standardized.