30
employing second dimension but explicit like Montesquieu (discussed later in this
section). Rousseau's views are slightly different from some of the other
Enlightenment philosophers insofar as the tenure
of that representation is
concerned.
103
However, in any case, the majority of the Enlightenment philosophers
advocated the concept of equal representation.
It is argued that sovereignty is equivocal under the constitutional law of Pakistan,
since there is a theological element to it as clearly stated in the Objectives
Resolution described in 4.2, which serves as the preamble to the current
constitution. It asserts that sovereignty belongs to God and is delegated to the
people to execute it as a sacred trust.
104
The first Prime Minister Khan's views about
representation are aligned with those of Montesquieu as Khan stated in his third
postulate of the Objectives Resolution that '[t]he state shall exercise its powers and
authority through the chosen representatives of the people'.
105
The Objectives Resolution is a generic document and does not allude to a particular
political system and/or type of legislature (i.e. unicameral or bicameral). It is
important to note, therefore, in the context of the hypothesis tested in this thesis,
that a democratic federal political system is not necessarily inconsistent with the
Objectives Resolution.
To the researcher, it makes logical sense to have two dimensional representation in
the form of two houses in the
legislature of a federal state, one to represent the
population and the other to represent the federating unit. Without such two
dimensional representation, a disparity in representation is caused which
ultimately compromises equal representation in a federal discourse.
Equal
representation in both dimensions is important as in this way the autonomy of the
federating units is preserved. The latter is an implied stipulation of the federal units
before becoming a part of the union: after all federalism is about division of powers
between the centre and units. It is the responsibility of the state to serve its
federating units equally.
106
Failing that, there is always a potential risk of resistance
103
Armando Navarro,
The Cristal Experiment: A Chicano Struggle for Community Control (University of
Wisconsin Press 1998) 9.
104
The Constitution of Pakistan 1973, Preamble.
105
ibid.
106
John Locke,
Second Treatise of Government (Peter Laslett ed, 2nd edn, Cambridge University
Press 1967).
31
under the cloak of necessity and
governments as a result can be, and are,
overthrown in Pakistan.
It is argued that disparity of representation also leads to secession attempts. This
assertion is substantiated by the following examples:
• In Pakistan, the Sindhudesh movement for the creation of an
independent Sindhi state, first emerged in 1972 under the leadership of G M
Syed.
107
In March 2012 hundreds of thousands of people gathered to demand
independence.
108
• Also in Pakistan, Baluchistan may be on the verge of secession as it 'poses
what is widely seen as a near East Pakistan like threat'.
109
• The Scottish secession attempt of 2014, where some Scottish people
demanded full decision-making power in regard to the political affairs of their
nation. In the words of Alex Salmond 'the people who live in
Scotland are
best placed to make the decisions that affect Scotland'.
110
Pakistan faces the problem of disparity of representation of the provinces as an
established fact, as discussed in 4.3 in more detail. One province alone – Punjab,
hence the concerns of the groups in the first two bullet points above - can form a
government in the lower house. This is due to its large population and ultimately
the seat allocation reflects the unbalanced nature of this majority population in a
single province. This might not have been such a huge issue had the upper house
been directly elected. The problem is due to the indirect election of the upper house
by the provincial assemblies.
Montesquieu in addition to the first dimension of representation also envisaged
about the second dimension as he argued that the legislature should be composed
of two houses, each of which can prevent acts of the other from becoming law.
111
The checks and balances are therefore not only associated with the separation of
107
Farhan Siddiqi,
The Politics of Ethnicity in Pakistan: The Baloch, Sindhi and Mohajir Ethnic
Dostları ilə paylaş: