State and elites

“The State shall ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle, from each according to his ability to each according to his work”-Article 3, 1973 Constitution of Islamic Republic of Pakistan

Since 1973, the State of Pakistan has failed to fulfil a promise guaranteed in the supreme law of the land-the Constitution of Islamic Republic of Pakistan. Tragically, all the economic policies, adopted by the military and civilian rules, since then have been diametrically opposite, aimed at promoting, protecting and cementing interests of the State Oligarchy-militro-judicial-civil complex, absentee landowners, industrialists and public office holders. This Land of the Pure has, undoubtedly, nurtured an extremely exploitative socio-economic system, which has gained strength over the passage of time-just have a look at the life of luxury these elites enjoy at the expense of taxpayers’ money. Adding insult to injury, the apex court in 1990 held that land reforms were “un-Islamic.” Various kinds of repressions, coupled with cruelest means of economic exploitation by the ruling elites, are in vogue in Pakistan, denying citizens their right to a decent life.

The motto ‘from each according to his ability, to each according to his needs,’ although has its roots in the New Testament [4:32-35: The Believers Share Their Possessions], was popularised by Karl Marx in his 1875 Critique of the Gotha Programme. The phrase enunciates the principles that, under an ideal system, every person should contribute to the society to the best of his or her ability and consume from society in proportion to his or her needs. Fusing this Marxist ideology into ‘Islamic Socialism,’ Zulfikar Ali Bhutto in the early part of his politics-later he became an instrument in the hands of elites-promised in the Constitution, “from each according to his ability to each according to his work.” In fact, he followed the erstwhile USSR where the ruling communist party claimed that at a lower stage of Communism (socialism) in line with Marx’s arguments, it should be “From each according to his ability, to each according to his work (labour/investment).”

Obviously, Karl Marx had specific conditions in mind for such a creed to work-a society where technology and social organisation has substantially eliminated the need for physical labour in the production of things, where “labour has become not only a means of life but life’s prime want”. Marx explained his belief that, in such a society, each person would be motivated to work for the good of society despite the absence of a social mechanism compelling them to work, because work would have become a pleasurable and creative activity. Marx intended the initial part of his slogan, “from each according to his ability” to suggest not merely that each person should work as hard as they can, but that each person should best develop his particular talents.

Many of our students ask that whether the Constitutional command of gradual elimination of all forms of exploitation is legally enforceable? Many believe that a petition should be filed in Supreme Court for its implementation. Those who are realists amongst them mention that the apex Court has even failed to get its decisions on price hikes implemented and that the independence of judiciary is just a myth. Pakistan is ruled by a trio-militro-judicial-civil complex, businessmen-turned-politicians and landed aristocracy.

The privileged classes protect and perpetuate exploitation of the poor with impunity in this Islamic Republic of Pakistan. Judiciary in the country has been playing in the hands of mighty classes. In the case of Qazalbash Waqf v. Chief Land Commissioner, Punjab and others (PLD 1990 SC 99), the Shariat Appellate Bench of Supreme Court confirmed the decision of Shariat Court, established by Ziaul Haq, quashing the progressive land reforms law as repugnant to the Quran and Sunnah. A nine-member bench of the apex court later heard a review petition, filed by Workers’ Party, National Party, Kissan Committee and others, against the said decision, but till today no hearing is granted. As expected, the regressive ruling party (PML-N) through Advocate General of Punjab opposed the review petition. On behalf of landowners, head of their organisation, Shah Mahmood Qureshi, now leader of so-called party of change PTI, hired an expensive lawyer, who claims to be amongst the framers of 1973 Constitution! This is the reality of a country that claims to have been created in the name of Islam for the welfare of the downtrodden.

Progressive forces, many critics say, have a wishful thinking that in the review petition the Supreme Court would undo its earlier judgement in Qazalbash Waqf case. On November 23, 2013, the case was fixed before the then outgoing Chief Justice, Iftikhar Muhammad Chaudhry, and many naïve were expecting a historical decision from him in favour of the landless tillers-one wonders since when our judiciary has assumed the role of protecting the browbeaten. Pakistan’s progressive elements have forgotten what Marx said: “All State organs protect the interests of the ruling classes and judiciary is no exception”. The law that our judiciary protects guarantees private property and exploitation of the have-nots. Judiciary is not a revolutionary organ; it is nothing but a product of the existing socio-economic system. Hence, it was and will be utopia to expect from this organ of the State any revolutionary decision on petition filed against verdict given in Qazalbash Waqf case supra. The said judgement (PLD 1990 SC 99) is the worst one could expect, undoing lands reforms. It confirms that political struggle by a revolutionary mass-based party alone can implement Article 3 of the Constitution.

Pakistan needs a grand alliance of progressive parties and groups that tries to win the mandate of masses to change the present highly unjust and oppressive economic system. It protects the exploitative classes having monopoly over resources. The present political parties are not even sincere with democracy as they lack the will to collect income tax from the rich. The poor are paying exorbitant indirect taxes even on essential commodities of everyday use, but the mighty sections of society-big absentee landowners, industrialists, generals and bureaucrats-are paying no wealth tax/income tax on their colossal assets/incomes. On the contrary, the President, Governors, Prime Minister, military-civil-bureaucracy and judges receive tax-free privileges, perks and state lands from money paid as taxes by the citizens.

The gigantic and useless government apparatus-doing nothing for public welfare-is looting the wealth of the nation and wasting billions collected from the people. The army of ministers, state ministers, advisers, consultants, high-ranking government servants is not willing to give up unprecedented perquisites and privileges. They are not ready to live like common men by surrendering the luxury they are enjoying at the cost of taxpayers’ money.

The mighty sections of society defy Article 3 of the Constitution with impunity. An unholy anti-people alliance of the trio of indomitable civil-military bureaucrats, corrupt and inefficient politicians and greedy businessmen, controlling and enjoying 90% of resources is contributing less than 1% towards the national revenue collection. It will, thus, be living in a fool’s paradise to expect them to implement Article 3 of the Constitution. Making Pakistan a State in consonance with the principle embodied in Article 3 requires political struggle under a mass-based front having support of progressive forces, media and civil society. Such campaign alone can guarantee equitable distribution of wealth and resources as envisaged in the Constitution.

(The writers, tax lawyers and partners in law firm, HUZAIMA & IKRAM (members Taxand: www.taxand.com), are Adjunct Faculty at Lahore University of Management Sciences)