Time to Recall the Quaid

By Fakhruddin G. Ebrahim

Quaid-i-Azam Mohammad Ali Jinnah - the undisputed leader of the Muslims of the subcontinent who single-handedly created Pakistan, could have, if he had so wished, given to the people of this country a constitution. But the Quaid was, above all, a democrat, a committed constitutionalist and for him the rule of law was an article of faith.

When asked what would be the constitution of Pakistan, his answer was that he had neither the power nor the intention of determining or dictating a constitution. He insisted that it was for the Constituent Assembly of Pakistan to deliberate the consti-tutional issues and finally adopt the constitution of Pakistan. He went on to state that the government in Pakistan would be representative and democratic. He called it a people's government and declared that the constitution and the government would be what the people have decided.

The Quaid was equally clear about the role of the bureaucracy in the governance of the country. While addressing the Civil Officers of Balochistan at Sibbi on February 14, 1948, the Quaid stated: "Pakistan is now a sovereign state, absolute and un-fettered, and the government of Pakistan is in the hands of the people. Until we finally frame our constitution which, of course, can only be done by the Constituent Assembly, our present provisional constitution based on the fundamental principles of democracy, not bureaucracy or autocracy or dictatorship, must be worked. You officers should realize that these are the principles which should be borne in mind."

Responsibilities of the Defence force (14th Jun 1948)

Address to the Officers of the Staff College, Quetta 14th June, 1948

I thank you, gentlemen, for the honour you have done me and Miss Fatima Jinnah by inviting us to meet you all. You, along with other Forces of Pakistan; are the custodians of the life, property and honour of the people of Pakistan. The Defence Forces are the most vital of all Pakistan Service and correspondingly a very heavy responsibility and burden lies on your shoulders.

I have no doubt in my mind, from what I have seen and from what I have gathered, that the spirit of the Army is splendid, the morale is very high, and what is very encouraging is that every officer and soldier, no matter what the race or community to which he belongs, is working as a true Pakistani.

If you all continue in that spirit and work as comrades, as true Pakistanis selflessly, Pakistan has nothing to fear.

One thing more, I am persuaded to say this because during my talks with one or two very high-ranking officers I discovered that they did not know the implications of the Oath taken by the troops of Pakistan. Of course, an oath is only a matter of form; what are more important are the true spirit and the heart.

But it is an important form, and I would like to take the opportunity of refreshing your memory by reading the prescribed oath to you.

“I solemnly affirm, in the presence of Almighty God, that I owe allegiance to the Constitution and Dominion of Pakistan (mark the words Constitution and the Government of the Dominion of Pakistan) and that I will as in duty bound honestly and faithfully serve in the Dominion of Pakistan Forces and go within the terms of my enrolment wherever I may be ordered by air, land or sea and that I will observe and obey all commands of any officer set over me…..”

As I have said just now, the spirit is what really matters. I should like you to study the Constitution, which is in force in Pakistan, at present and understand its true constitutional and legal implications when you say that you will be faithful to the Constitution of the Dominion.

I want you to remember and if you have time enough you should study the Government of India Act, as adapted for use in Pakistan, which is our present Constitution, that the executive authority flows from the Head of the Government of Pakistan, who is the governor-general and, therefore, any command or orders that may come to you cannot come without the sanction of the Executive Head. This is the legal position.

Finally, gentlemen, let me thank you for the honour that you have done me by inviting me. I will be glad to meet the officers informally, as suggested by the General Officers Commanding in his speech, and such a meeting can be, arranged at a time convenient to us both. I have every desire to keep in close contact with the officers and men of the Defence Forces and I hope that when I have little more time from the various problems that are facing us in Pakistan, which is for the moment in a state of national emergency, and when things settle down–and I hope it will be very soon–then I shall find more time to establish greater and greater contact with the Defence Forces.

Pakistan Zindabad