A throwback on the law and social order in the sub-continent

The cleave to policy creation and establishment of rule of law laid in the hands of British colonial rulers. By observing the social order of both nations British rulers were set free to adopt their own laws. So, British law was gently and fairly implemented in Pakistan and India.

Concept of Law and Social Order

Law

“Law is a term derived for constituting rules and regulations for a society for running its wheel smoothly by eliminating chaos and anxiety among every sphere of life.”

Social order

“Social order is a term used to maintain sustainable social change among the civil sector. It is the liability of governmental institutions to constitute ideal social order by the assistance of policy-makers.”

In connection with the Islamic Republic of Pakistan

Since independence, Pakistan was governed by several leaders arrived from British, several belonged to the entire nation including military and civil administrative personnel. Due to adolescent state and high illiteracy rate in Indo-Pak, it was impossible to tackle chaos on different segments in society, neither there was a great leadership nor policymakers with a solid vision to uplift the civil sector.

The arrival of different regimes

In these circumstances, there was the arrival of different civilian and military regimes. If we shed light on law and social order by observing the general public of Pakistan, it is obvious to conclude that there was no policymaker or legal expert who owe to derive law for this adolescent state.

In this case of emergency, our leadership adopted the laws from British, as British was the developed region of the world with a high ratio of intellectuals, legal experts and professionals belonging to different fields of life. So, in this case, we inherited British law.

In Pakistan, after independence, as there was an enormous amount of population which arrived from India, so there was a mixture of culture between both nations, as the ratio of Indians was also infinite so there remained the footprints of Indian culture, language and ethos etc.

Culture of the Sub-continent

The Indian culture ruled over Pakistani culture amid the emergence of Pakistan as a new state on the world’s map. As the rituals of non-Muslims were being practised for thousands of years, so it was impossible for Muslims to pursue their own cultural heritage. Law and social order imposed by British legal and military fraternity was a mirror of incompetency of our narrow-minded leadership.

As there was chaos created by foes of Pakistan to dismantle this state by any means. The opponents were set to create chaotic circumstances in every sphere of life. After independence, our leadership had hired Indian civil servants in this regard for tackling the uncontrolled bedlam among Muslims, Hindus and Sikhs because before independence Muslims were vigorously attacked by Hindus without any reasons.

 Indian Civil Servants and their designations

Most of the Indian civil servants changed their designations from Indian civil servants (ICS) to secretaries of the relevant officers in regard to Pakistan and faded their previous designations. This was a massive change by these officers.

British colonial era was somehow effective in Pakistan but only limited before or even after independence. Even today’s civil servants had still opted the legacy of the British colonial era. The formation of ‘Pakistan Civil Services’ took place in 1947. However, this idea was established by the British Empire during the colonial period of the British Indian Empire. These services were reformed in 1972 and finally became a part of the constitution of 1973.

Due to prejudiced and muddled state of affairs among different leaders to terrain Pakistan, it has taken around two decades to implement a constitution for the state apparatus. Constitution of 1973 was then implemented in the Islamic Republic of Pakistan after several argumentative debates and round table conferences between civilian and military leaders.

Implementation of Constitution of 1973

The gigantic difference was observed after the implementation of the constitution of 1973. As mighty leaders were of the view to create their own rigid vision that was not in favourable conditions for Pakistan, as foreign (Indian) lobby was constituted to destabilize Pakistan at large.

Nationalism was buried in this course to earth Pakistan. However, a tussle was generated between civilian and military rulers to take power through power politics to govern Pakistan according to their popular vision. As it was pragmatic during 1945 and 1947, the political atrium from Indian leaders had played rigid politics in the charisma of Lord Mountbatten.

Indian Political Lobby

Indian lobby was established to destabilize Pakistan in a couple of years. There were a lot of round table conferences among Pakistani and Indian leaders chaired by Lord Mountbatten with different proposals submitted in front of him.

There was a colossal political, social and economic variance flanked by both sides. Indian cream of the crop thought to maintain their own course of action for Pakistan. However, Sir Syed Ahmed Khan told his cabinet to unfollow their opponents, as their proposals were adjacent to tranquillity and synchronization in the light of Pakistan.

Role of British Administrative Units

There was a muddled ambience stuck between both cadres. British administration was of the scrutiny to embark upon these decisive upheavals through confrontational procedures amid both nations. As both nations were eminent on the two-nation premise. The initiative of the two-nation theory was anticipated by Sir Syed Ahmed Khan for the reason that there was no floor left in the wake of distribution of reciprocated significance among two nations.

The traditions, way of life, language, religion and philosophy were quite different in the scenery. On the other hand, there was a lot of divergence between religious philosophy among Hindus and Muslims. In addition, the preachers of both cadres were quite different. There were considerable and chief conflicts between the two nations.

Holy Events

For example, Muslims were unable to celebrate their Holy events like Eid-ul-Fitr and Eid-ul-Adha. On the other hand, Muslims were resolute to comply with the sunnah of Hazrat Ibrahim (a.s), by sacrificing animals on that eve of Eid-ul-Azha. The sacrifice includes the slaughtering of cows. Whereas in Hinduism, Hindus possess a staunch belief that cow is a sacred animal and is as important as their own mother and also that they don’t tolerate to sacrifice their mother.

Maintenance of Rule of law and Social Order

Rule of law and social order was derived by observing the people’s civilization of the intact nation. By detaching luminosity on the upper mentioned deportment, it was palpable to accomplish an endeavour of a separate homeland where Muslims feel free to act upon their religious beliefs and enjoy self-determination movement.

Maintenance of social order was a difficult task in presence of both nations together. Rule of law was not in practice by observing these grave situations. In Pakistan, as well as in India, there were no political experts or policymakers who could take stand on these points to constitute a national action plan to avoid hurdles in the way of progress.

The cleave to policy creation and establishment of rule of law laid in the hands of British colonial rulers. By observing the social order of both nations British rulers were set free to adopt their own laws. So, British law was gently and fairly implemented in Pakistan and India.

The aftermath of legal reforms

Successive government has the liability to constitute committees of the legal fraternity from the retired superior judiciary and former civil servants to analyze the depth of this grave issue. Political analysts should also join hands with these state organs to derive their theoretical opinion in light of Pakistani society by observing socio-political grounds to overcome these dilemmas at large.

Newly constituted law will assist the whole nation in regard to sustaining social order and maintenance of social justice across the country. Maintenance of social order is the liability of bureaucrats and policymakers to commence counselling in the civil and public sector at large.

After legal reforms, the superior judiciary will be able to maintain social justice by the assistance of domestic laws. Socio-economic and socio-political dilemmas will create an affirmative change after adaptation of newly constituted laws to run the civil society by peace and harmony.

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