1973 CONSTITUTION OF PAKISTAN: THE ROLE OF JUDICIARY, EXECUTIVE AND LEGISLATURE

CALL FOR PAPERS

BARA GALI, SUMMER CAMP, UNIVERSITY OF PESHAWAR, PAKISTAN

(May 30-31, 2016)

The Department of History, University of Peshawar, in collaboration with the Hanns Seidel Foundation, Germany, successfully held a conference at Bara Gali summer campus, University of Peshawar, in May 2015 on “The 1973 Constitution of Pakistan and Its Amendments: Theory and Practice”. Selected papers of said conference are in the last stage of publication in Pakistan Perspectives, Karachi. Keeping in view the success of the conference and the interest it engendered at the national and international level among the academia, students and others, the Department of History is determined to hold another such conference on an equally important topic, namely the role of Judiciary, Executive and Legislature under the 1973 constitution.

It is no gain saying that Judiciary, Executive and Legislature are the most important pillars of governance of any state and Pakistan is no exception. However, in the past, the relationship between these organs has not been without hindrances. This has badly marred the march of democracy in the country. Upon the loss of one wing of the state in 1971, all political parties agreed to draft another constitution which was ultimately passed in 1973. This constitution sought to introduce much needed checks and balances, mitigate the hitherto controversial role of Judiciary and Executive, and preclude the future issuance of highly controversial doctrines of necessity. Despite those best intentions, and a quasi-unanimous passing of the constitution, the implementation turned out to be yet again highly centrist at the cost of the federating units. It is only through the 18^thamendment in 2010 that a proper devolution has been initiated. The division of powers has been constitutionally determined, yet the modus operandi needs to be properly put on track in some instances. In many instances, the constitution continues to be seemingly self-contradictory. This especially applies to the status of the Federally Administered Tribal Areas (FATA). While there is the guarantee of fundamental rights for all citizens, inhabitants of FATA don’t enjoy access to the judiciary, e.g. the High Court or Supreme Court. Instead, pursuant to the Frontier Crimes Regulation of 1901, civil and criminal cases are tried through a hotchpotch of legal norms derived from Riwaj (customs and norms) and Shariah (Islamic laws) by local Jargahs (council of elders) and religious scholars respectively, duly sanctioned by the political agent.

It is against this backdrop that the Department of History, University of Peshawar in collaboration with Hanns Seidel Foundation Islamabad intends to organize a conference, aimed to generate an academic debate on different aspects of the division of power and the role of the respective organs of the state. The debate would look into the mechanism and procedure regarding their role in the past, their role in present, and how it could be improved in the future. It would also be sought what amendments are needed for the role of the senate, local bodies and mainstreaming different entities who either perceive themselves marginalized or are actually marginalized. The conference invites papers on, but not limited to, the following themes:

• The Amendments in Constitution: Paradoxes and Gaps;
• Executive-Judiciary Relations: Past and the Present;
• Performance of National Assembly;

·         Senate: Present performance and future role

• Judiciary; Apprehensions and Aspirations
• Checks and Balances System;
• The Constitutional and Political Status of Federally Administered Tribal Areas: Past and Present

·         FCR, Action in Aid Civil Power Regulation and the future of FATA.

·         PATA: Constitutional and Legal Paradoxes

·         Local Bodies: Present Role and Future Status

We request abstracts of not more than 500 words from scholars and practitioners along with a short biography, to be submitted to the conference organizing committee latest by 30 March, 2016. Abstracts should include a title, research questions, information about potential methodological and theoretical framework, and a summary of the main argument. After review by the academic committee, the selected paper presenters will be contacted by 15 April, 2016. The final date for the submission of papers, complete in every respect, is May 23, 2016.

The Conference will take place at the Bara Gali Summer Campus of the University of Peshawar, which is 95 km from Islamabad (between Murree and Abbottabad). The presenters are expected to submit their papers before the conference. Format Guidelines for paper submission will be provided later. For abstract submission and other information, please contact:

Dr Altaf Qadir                                                                        Dr Hanif-ur- Rahman

Conference Coordinator                                                    Conference Secretary

Department of History,                                                        Department of History,

University of Peshawar.                                                     University of Peshawar

altafqadir@upesh.edu.pk                                               hanikhanbaj@yahoo.com

Note: Limited travel grant may be available for scholars from abroad. The deserving scholars may apply in advance.