Shagufta Jabeen Literature and Linguistics 2019 Air Uni Isb PRR

CRITICAL GENRE ANALYSIS OF THE CONSTITUTION OF
PAKISTAN, AND REFLECTION OF CONSTITUTIONAL

IDEOLOGIES IN THE NATIONAL EDUCATION POLICY
Shagufta Jabeen
(Reg # 131285)
DOCTOR OF PHILOSOPHY
in
Linguistics and Literature
DEPARTMENT OF HUMANITIES, FACULTY OF SOCIAL SCIENCES
AIR UNIVERSITY, ISLAMABAD

February, 2019
PAKISTAN, AND REFLECTION OF CONSTITUTIONAL
IDEOLOGIES IN THE NATIONAL EDUCATION POLICY
Shagufta Jabeen
(Reg # 131285)
A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF

THE REQUIREMENTS FOR THE DEGREE OF
DOCTOR OF PHILOSOPHY
in
Linguistics and Literature
To
DEPARTMENT OF HUMANITIES, FACULTY OF SOCIAL SCIENCES
AIR UNIVERSITY, ISLAMABAD

February, 2019
iii
THESIS/DISSERTATION AND DEFENSE APPROVAL FORM
The undersigned certify that they have read the following thesis, examined the defense
and are satisfied with the overall performance of the following candidate:
Thesis Title: CRITICAL GENRE ANALYSIS OF THE CONSTITUTION OF PAKISTAN,

AND REFLECTION OF CONSTITUTIONAL IDEOLOGIES IN THE NATIONAL
EDUCATION POLICY
Submitted By: _Shagufta Jabeen Registration #: 131285

Name of Student
Doctor of Philosophy in Linguistics and Literature

(Degree Name in Full)
(Linguistics and Literature)

Name of Discipline
Prof. Dr. Wasima Shahzad ______________________________

Name of Research Supervisor Signature
Prof. Dr Wasima Shehzad_____ ______________________________

Dean Signature
________________________ ______________________________
Name of Examiner Signature
_______________________
Date
iv
v
vi
SUPERVISOR THESIS APPROVAL FORM
Of a thesis: CRITICAL GENRE ANALYSIS OF THE CONSTITUTION OF

PAKISTAN, AND REFLECTION OF CONSTITUTIONAL IDEOLOGIES IN THE
NATIONAL EDUCATION POLICY
Submitted by: Shagufta Jabeen
Registration No.: 131285 Discipline: Linguistics & Literature
Candidate for the degree of: Doctor of Philosophy in Linguistics and Literature
This thesis has been read by me and has been found to be satisfactory regarding content,
English usage, format, citation, bibliographic style, and consistency, and thus fulfills the
qualitative requirements of this study.
_________________ __________________
Name of Supervisor Signature of Supervisor
_________________
Date:
vii
Dedicated to
Adam and Eve (‫آدم و حوا‬

ؑ )
The first learners of the divine education policy;
Adam and Eve (‫آدم و حوا‬

ؑ )
The first human actors of the divine Constitution of Heavens and the Earth!
viii
ACKNOWLEDGEMENTS
My foremost and special gratitude to my supervisor, Prof. Dr. Wasima Shehzad, for her
gracious guidance, valuable advice and encouraging stance! My next special thanks are to my
parents for instilling in me the realization that learning never ends.
My heartfelt thanks to my universe, my son, Muhammad Fawwaz Ali, who shared with me the
PhD toils and vigils. I thank him for helping me with my survey counts with his Grades-II and
III ‘statistical skills.’ I finally am able to answer his impatient enquiries about ‘Mom! When is
your PhD typing gonna be over?” and “I aint gonna do PhD ever!” 
I thank my family and siblings for their encouragement throughout this journey. I also take this
opportunity to thank Justice Khalil-ur-Rehman Ramday, Senator Chaudhry Aitzaz Ahsan,
Joint Secretary (Education) Muhammad Rafique Tahir, and Mian Bakhtiar Mahmood Kasuri
for enlightening me on the matters of Constitution, and Policy making, and establishing
interdisciplinary links with Linguistics. I must also acknowledge guidance from V. K. Bhatia
himself, the proponent of the framework of CGA. Similarly, I cannot forget to thank Prof. Dr.
Safeer Awan whose scholarly lectures and discussions had always inspired me.
Moreover, I thank all those who enlightened me through their discussions, and those whom my
mortal memory might have missed to mention, but who helped me in any direct or indirect
manner to complete what is in my and your hands now. I also thank Mr Abid Naqvi and Mr.
Zahid Mahmood for helping me fix the slippery format and layout of the work.
Finally, I thank my very own ‘gladiator’s soul’ that kept me taking the challenges on and on
until I faced the perfectionist’s dilemma and heavy heartedly held my fingers from hitting the
key board any more.
ix
ABSTRACT
Researches in the field of genre analysis have taken new turn after the elements of criticality,
and ideology were introduced in it by Bhatia (2004, 2008, 2012, & 2017). Genre analysis has
also lent deep insights into the processes of making, writing and implementing a policy at
national level by studying the language in which the Constitution of a country and its policies
are written. Researches in the field of Linguistics, in Pakistan, need to exhibit more serious
concerns by adding to the number of researches which can be utilized at the levels of decision
and policy making. The study “Critical Genre Analysis of the Constitution of Pakistan, and
Reflection of Constitutional Ideologies in National Education Policy” is exploratory in nature
and intended to study the genre of the Constitution of Pakistan (1973) to answer questions
relate to linguistic features of the Constitution; the presentation of ideologies in the genre, and
that how these Constitutional ideologies were reflected in the National Education Policy of
Pakistan. This tired study concerned itself with (i) the intricate construction of Constitutional
genre and, (ii) the language based ideological connection between the two important national
documents. Texts of the Constitution and education policy were analyzed in the Critical Genre
Analysis framework as proposed by Bhatia (2004). Precisely, the study has identified the
unique linguistic features of the constitutional genre, its evolution, the ideologies vested in the
genre, and the points of divergence and convergence between the Constitution and National
education Policy (NEP) of Pakistan. The study has also discussed how ideologies are clothed
in linguistic manifestation to form national views towards religion, society, gender, education,
power, rights, obligations and various other fields of ideology. The outcomes of the study may
be helpful to the decision makers and policy makers at institutional and national levels.
x
TABLE OF CONTENTS
PRELIMINARY PAGES
TITLE PAGES i-ii
DISSERTATION AND DEFENCE APPROVAL iii
FORM
AUTHOR’S DECLARATION iv
PLAGIARISM UNDERTAKING v
SUPERVISOR THESIS APPROVAL FORM vi
DEDICATION vii
ACKNOWLEDGMENTS viii
ABSTRACT ix
TABLE OF CONTENTS x –xv
LIST OF TABLES xvi-xviii
LIST OF FIGURES xix- xx
OPERATIONAL DEFINITIONS OF KEY TERMS xxi
LIST OF ABBREVIATIONS xxii-xxiii
LIST OF APPENDICES xxiv
1 INTRODUCTION
1.1 Background to the Study 1
1.2 Statement of the Problem 3
1.3 Research Objectives 4
1.4 Research Questions 5
1.5 Significance of the Study 6
1.6 Limitations of the Study 7
2 LITERATURE REVIEW
2.1 Textual and Discourse Studies 9
2.2 Genre Studies 13
2.3 Critical Genre Analysis 19
2.4 Critical Genre Analysis Framework by Bhatia 23
Multi-perspective and Multi- 24
2.4.1
dimensional Analysis
2.4.1.1 Textual Perspective. 24
xi
Ethnographic 25
2.4.1.2
Perspective.
Socio-Cognitive 25
2.4.1.3
Perspective.
Socio-Critical 26
2.4.1.4
Perspective.
2.4.2 Interdiscursivity 26
2.4.3 Criticality 27
2.5 The Concept of Ideology 28
2.6 Particular Ideologies 31
2.7 Genre and Ideology 33
2.8 Legal English and the Genre of Constitution 34
2.9 Characteristics of Legal English 39
2.10 Constitutions of the States 42
2.11 1973 Constitution of Pakistan 43
2.12 Constitutions and Education Policies 47
National Education Policies and Global 48
2.13
Phenomena
2.14 Education Systems and Policies in Pakistan 55
2.15 National Education Policy (2009) of Pakistan 60
Constitution, Education Policy and Ideology: An 60
2.16
Interface
3 RESEARCH METHODOLOGY
3.1 CGA: The Theoretical Framework 64
3.2 Research Data 66
3.3 Data Analysis Method 66
Multi-perspective Analysis of the 66
3.3.1
Genre of the Constitution (1973)
Textual Analysis of the 67
3.3.1.1
Constitution (1973)
Ethnographic and Socio- 68
3.3.1.2 cognitive Analysis of
the Constitution (1973)
Socio-Critical Analysis of 70
3.3.2
Constitution (1973)
xii
Criticality and Interdiscursivity in 70

3.3.3 the Constitution (1973) and NEP
(2009)
4 CRITICAL GENRE ANALYSIS OF THE 73
CONSTITUTION (1973) OF PAKISTAN
4.1 Construction of the 1973 Constitution 74
Physical Circumstances Influencing 75
4.1.1
the Genre Construction
Social Structure, History and Goals 76
4.1.2
of Professional Community
History and Development of the 78
4.1.3
Constitution (1973)
4.1.4 Appropriation of Generic Resources 86
4.1.5 Authors of the Constitution (1973) 88
4.1.6 Recipients of the Genre 95
4.1.7 Patterns of Audience Reception 99
Social Cognition and Language of the 103
4.1.8
Constitution
Linguistic Analysis of the Constitution of 106
4.2
Pakistan (1973)
Layout and Structure of the 107
4.2.1
Constitution (1973)
Salient Linguistic Features of the 117
4.2.2
Constitution of Pakistan (1973)
4.2.3 Use of Vocabulary 121
Most Frequently 122
4.2.3.1
Occurring Words
Least Frequently 125
4.2.3.2
Occurring Words
Use of Borrowed 128
4.2.3.3
Vocabulary
Use of Synonyms and 129
4.2.3.4
Repetition
Nominalization and use of 130
4.2.3.5
Binominals
Textual Expression of the Amendments in the 131
4.2.4
Constitution
xiii
Genre amendment through 132

4.2.4.1
substitution
Substitution at the level of 133
4.2.4.1.1
lexis
Substitution at the Level 133
4.2.4.1.2
of Phrases
4.2.4.1.3
of Numbers
4.2.4.1.4
of Punctuation
4.2.4.1.5
of Syntax
4.2.4.1.6
of Discourse
4.2.4.2 Amendment Through Insertion 137
4.2.4.3 Amendment through Omission 138
4.2.5 Achievement of Coherence 143
4.2.6 Use of References 144
4.2.7 Use of Definitions 146
4.2.8 Use of Modal Auxiliary Verbs 146
4.2.9 Syntactic Structure 150
4.2.10 Use of Adverbial clauses 154
4.2.11 Passivization 156
4.2.12 Conditionality 157
4.2.13 Long Foot Notes 160
Criticality in CGA and Constitutional 161
4.3
Ideologies
4.3.1 Statement of Ideals 163
Islamic Ideology and the Constitution 166
4.3.2
(1973) of Pakistan
4.3.2.1 Pakistan & Islamic Ideology 166
Safeguards for Islamic 171
4.3.2.2
Ideology
4.3.3 Political Ideology 177
4.3.4 Power Dynamics and Constitution 180
Governance and the Division 181
4.3.4.1
of Powers
xiv
Power Over Language and 182

4.3.4.2
Expression
Power, Politics and 186
4.3.4.3
Constitution
Power with Relation to the 187
4.3.4.4
Armed Forces
4.3.5 Society as Envisaged in the Constitution (1973) 188
4.3.5.1 Social Justice & Civic life 189
4.3.5.2 Paradigm of Pluralism 192
4.3.5.3 Social Inclusion 193
4.3.5.4 Religious Majority 195
4.3.5.5 Religious Minorities 196
4.3.6 Global Dimension and Social Competitiveness 198
4.3.7 Peace and Human Rights 199
4.3.8 Fundamental Rights 201
4.3.9 Language Matters 206
4.3.10 Economy and Financial Resources 209
4.3.11 Gender Dimension 210
4.3.12 Education and Allied Issues 213
(Integrity of the) Constitution (1973): A Sore 214
4.3.13
Point
4.3.14 Miscellaneous Foci 217
5 REFLECTION OF CONSTITUTIONAL
IDEOLOGIES IN NATIONAL EDUCATION POLICY
(2009)
5.1 An overview of the NEP (2009) and its Making 219
The Professional and Discursive 222
5.1.1
Practices Involved in making of NEP
Current Demographics and the NEP 226
5.1.2
(2009)
NEP (2009) and the Constitution 230
5.1.3
(1973): An Interface
Principles of Policy (Constitution, 232
5.1.4
1973) and the NEP (2009)
Reflection of Constitutional ideologies in the 234
5.2
NEP (2009)
xv
Statement of Objectives of the NEP 234

5.2.1
(2009)
5.2.2 Islamic Ideology 238
5.2.3 Political Ideology 241
5.2.4 Power Dynamics 244
Society, Constitution (1973) and NEP 245
5.2.5
(2009)
5.2.5.1 Social Justice and Civic Life 245
Paradigms of Inclusiveness 246
5.2.5.2
and Pluralism
5.2.6 Education and Allied Issues 250
5.2.7 Language Matters 256
5.2.8 Economy and Financial Resources 258
Global dimension and Social 261
5.2.9
Competitiveness
5.2.10 Gender Dimension 263
5.2.11 Human and Fundamental Rights 264
5.2.12 Miscellaneous Foci 265
Points of Convergence and Divergence between 266
5.3
the Constitution (1973) and the NEP (2009)
Use of Ideology laden words in The 275
5.3.1 Constitution (1973) and the NEP
(2009)
Finding Ideological Convergences 279
5.3.2
through Interdiscursivity
6 CONCLUSION
6.1 Findings 287
6.2 Utilization of the Study 292
6.2.1 Planning Dimension 293
6.2.2 Implementation Dimension 293
Social Cognition and Reception 294
6.2.3
Dimension
6.3 Way Forward / Immediate Actions to be Taken 294
6.4 Directions for Future Research 298
REFERENCES 299-314
APPENDICES 315-329
PLAGIARISM REPORT
xvi
LIST OF TABLES
TABLES TITLE PAGE
2.1 An overview of early approaches towards language 12

functions
4.1 Stages of writing the Constitution 82
4.2 Articles introduced by the Constitution (1973) 83
4.3 Names of Some of Constitution Committee members 93
4.4 Ethnographic profiles of two Chairmen of the Constitution 94

Committee
4.5 Questionnaire responses regarding social cognition 100
4.6 An overview of the Parts, Chapters and Articles of the 111

Constitution (1973)
4.7 Number of Articles in Parts of the Constitution (1973) 113
4.8 World Count and Word Types in the Parts of Constitution 117
(1973)
4.9 The percentage division of word count across the 118

Constitution (1973)
4.10 The percentage division of word type across the Constitution 120
(1973)
4.11 Most Frequently Occurring Words in the Constitution 123

(1973)
4.12 Least Frequently Occurring Words in the Constitution 126

(1973)
4.13 Examples of borrowed lexical items 129
4.14 Examples of Substitution (Lexical Level) 133
4.15 Examples of Substitution (Phrasal Level) 134
4.16 Examples of Substitution (Punctuation Level) 135
4.17 Examples of substitution at the level of clause/ syntax 135

xvii
4.18 Comparison of use of Verbs before and after the amendment 137
of Article 6 (1)
4.19 Examples of amendment through insertion 138
4.20 Examples of amendment through omission 139
4.21 Constitutional Articles and Omissions with reference to 140

Chapters
4.22 Constitutional Articles and Omissions with reference to 142

Parts
4.23 Frequency of the use of modal auxiliary Verbs 147
4.24 Frequency of Adverbials used in the Constitution (1973 156
4.25 Patterns of Conditionality in the Constitution (1973) 159
4.26 Instances of the use of word adequate in the constitution 185

(1973)
4.27 Potential state actions for the provision of social justice 191
various areas
4.28 Example of Socio-political Inclusion at the level of 194

National Assembly
4.29 Example of socio-political inclusion at the level of the 195

Senate
4.30 Instances of the contextual use of word peace in the 201

Constitution (1973)
4.31 Constitutional Modes of Granting Rights 202
4.32 Constitutional expression of Fundamental rights 203
4.33 Constitutional amendments with the years of their 215

enactment.
4.34 Amendments in the Constitution through Presidential 216

Orders
5.1 Pakistan Education Statistics (2016) 229
5.2 Ideologies mapped against Principle of Policy 233

(Constitution, 1973)
5.3 The suggested categories of Objectives of NEP (2009) 235

xviii
5.4 Comparison of occurrence of ideologically laden words 240

related to Islamic Ideology

related to Political Ideology
5.6 Comparison of occurrence of ideologically laden words related 245

to Power Dynamics

related to Society and Social Life

related to Education

related to Language

related to Economy & Financial Resources

related to Global Dimension & Social Competitiveness

related to Gender Dimension

related to Human and Fundamental Rights
5.14 Comparison of MFOWs in the Constitution (1973) and the 268

NEP (2009) using tempered lists
5.15 Comparison of MFOWs in the Constitution (1973) and the 271

NEP (2009) using untampered lists
5.16 LFOWs in the Constitution (1973) and the NEP (2009) 273
using untampered lists
5.17 Use of Ideologically laden words in the Constitution (1973) 276

and the NEP (2009)
5.18 Instances of Ideological Convergences through 280

Interdiscursivity between Constitution (1973) and NEP
(2009)
5.19 Comparison of Total Word Count and Ideologically Laden 284

Words in Constitution (1973) and NEP (2009)
6.1 Fields of Ideologies as suggested by the study 290

xix
LIST OF FIGURES
FIGURES TITLE PAGE
2.1 GSP model for fairy tales 14
2.2 Three-space model of genre analysis 17
2.3 Levels of discourse realization 20
2.4 Levels (Revised) of discourse realization 21
2.5 Appropriation of generic resources 27
2.6 The World as We Know 30
2.7 Categories of modals 40
2.8 Hierarchical structure of Government of Pakistan 46
2.9 Orthodox and Critical explanations of 51

Globalization and Education
3.1 Sketch of the CGA framework as used in this 64

study
4.1 The Government of Pakistan 77
4.2 Questionnaire response regarding social 100

cognition
4.3 Questionnaire response regarding text awareness 101

about fundamental rights
4.4 Questionnaire response regarding the need to 101

read the Constitution
4.5 Perceived level of generic difficulty by the genre 105

recipients
4.6 Causes of difficulty as perceived by the genre 106

recipients
4.7 Density of the constitutional Articles across the 114

Constitution (1973)
4.8 Nested hierarchical arrangement of the genre of 115

Constitution (1973)
xx
4.9 Word count of the Parts of the Constitution 116

(1973)
4.10 Word type of the Parts of the Constitution 119

(1973)
4.11 Comparison of word count and word type of the 120

Constitution (1973)
4.12 Structural organization of the Constitution 121

(1973) of Pakistan
4.13 Examples of the use of Shall 149
4.14 Visual example of a long sentence from the 153

Constitution (1973)
5.1 Selective information from population census of 228

Pakistan (2017)
5.2 Lexical variation in the text of the Constitution 266

and NEP
xxi
OPERATIONAL DEFINITIONS OF KEY TERMS
Key Terms Operational Definitions

The Constitution The Constitution means the 1973 Constitution of
Pakistan
The National The National education Policy refers to the NEP of
Education Policy 2009, of Pakistan. To avoid too much repetition, it will
be referred to as the NEP (2009) and the Policy at
different places
Critical Genre Analysis Critical Genre Analysis refers to the theoretical
framework proposed by Bhatia as explained in Chapter
3 of the study
Reflection Reflection means the link between main concepts or
ideologies, in the selected texts, as expressed through
linguistic choices
Constitutional The main ideals, concepts, foci of the Constitution
Ideologies (1973) as evident from its generic construct and as
identified in the study through grounded theory
xxii
LIST OF ABBREVIATIONS
Abbreviations Complete Name

AEPAM Academy of Educational Planning and Management
AJ&K Azad Jammu & Kashmir
BFUG Bologna Follow Up Group
CCI Council of Common Interest
DA Discourse Analysis
CDA Critical Discourse Analysis
CGA Critical Genre Analysis
EFA Education For All
ETR Effective Transition Rate
FATA Federally Administered Tribal Areas
GDP Gross Development Product
GEP Global Education Policies
GER Gross Enrollment Ratio
HEC Higher Education Commission
ICT Islamabad Capital Territory
IPEM Inter Provincial Education Ministerial
LFOWs Least Frequently Occurring Words
LFS Labour Force Survey
MDGs Millennium Development Goals
MFOWs Most Frequently Occurring Words
MoE Ministry of Education
MoE&PT Ministry of Education & Professional Training-
NDGs National Development Goals
NEP National Education Policy
NEPs National Education Policies
NER Net Enrollment Ratio
NIPS National Institute of Population Studies
xxiii
NFC National Finance Commission

NLA National Language Authority
OOSC Out of School Children
PBS Pakistan Bureau of Statistics
PISA Programme for International Student Assessment
PITB Punjab Information Technology Board
PML Pakistan Muslim League
PNC Pakistan National Congress
PoP Principles of Policy
SDGs Sustainable Development Goals
TALT Technology Assisted Language Teaching
TIMSS Trends in International Mathematics and Science Study
UAV Unmanned Aerial Vehicle
WDIs World Development Indicators
xxiv
LIST OF APPENDICES
APPENDIX TITLE PAGE

A Interview Questions (A) 282
B Interview Questions (B) 283
C Survey Questionnaire 284-285
D Official Report of the Second Session of the National 324
Assembly of Pakistan (Constitution - making), 1972.
E Why Kasuri Resigned [Excerpts from Kasuri’s DO letter to 327
Bhutto].
CHAPTER 1
INTRODUCTION
This tiered study is exploratory in nature and intends to analyze the genre of
Constitution of Pakistan (1973) with particular reference to the intricate construction of its
genre and to find out the ways in which documents and constructs national ideologies. The
study also analyzes how the Constitution regularizes and protects these ideologies through
another important national document, in this case, National Education Policy (2009).
1.1Background to the Study
Constitutions contain dominant ideologies which need to be served and interpreted as they are
the ideologies of the People as enshrined in the document (Hogan, Barrington, & McEntee,
1985). Further in this connection, according to Macklem (1988), a constitution uses the
medium of language to give meaning and constitute relationship between the individual and
the community. Intrigued to know about the language of the Constitution (1973) and vested
ideologies therein, in the context of Pakistan, the study starts with the supposition that
Constitutional ideologies of a country or a State are expressed in its genre through language
and are instilled and institutionalized, nationwide, through its education system, to a great
extent. This belief entails that educational policy of a country plays an instrumental role in
transferring and safeguarding Constitutional ideologies, to prepare the citizens as envisioned
by the Constitution. It also entails that inclusion of provisos regarding education in
Constitution, impacts the overall system of education in the country. Hence, the study engulfs,
for its wholesomeness, the investigation into the genre of the Constitution (1973) of Pakistan,
what type of ideologies are contained in the Constitution, and that how these Constitutional
ideologies are linguistically reflected in the Education Policy (2009) of Pakistan. The study
will map the ideologies presented in the National Education Policy (2009) against the ones
presented in the Constitution, expecting a good amount of ideological convergence in both the
documents as national education systems in most countries have evolved or flowed from the
Constitution.
2
The intertwined relationship between Constitution and national policies is clear from
the list of world-wide indicators of good governance published by the World Bank (2010).
The report is based on six indicators on which the governance of 200 countries, over a period
of 20 years, was evaluated. These aggregate indicators are as follows: 1) Voice and
Accountability, 2) Political Stability and Absence of Violence, 3) Government Effectiveness,
4) Regulatory Quality, 5) Rule of Law, and 6) Control of Corruption. The six indicators can
be summed up as three areas of governance: “(a) the process by which governments are
selected, monitored and replaced, (b) the capacity of the government to effectively formulate
and implement sound policies, and (c) the respect of citizens and the state for the institutions
that govern economic and social interactions among them” (World Bank [WB], 2010, p. 3).
The third and fourth indicators (making up the area b above) are about the close connecti1on
between the constitution and national policies. The same connection strengthens the binding
between the two tiers of this study.
The current Constitution of Pakistan was promulgated in 1973 and until the completion
of this study has gone through 22 amendments. Similarly, it is important to mention that the
National Policy of Education was approved and made public in 2009 but continues to be a core
strategy document providing common framework for even post 18th amendment changes in
Federal and Provincial roles and responsibilities in education. As the Provincial Education
Action / Sector Plans developed after the eighteenth amendment sought inspiration from the
NEP to maintain the core uniformity among the Plans developed by different provinces, the
NEP (2009) will remain relevant even if during the course of the study the NEP gets revised.
Language plays an important role in promoting certain “ideologies, institutions,

nationalistic self-glorification, positive self and negative other presentations, fallacious
arguments, demolishing of minority languages, specifying religious and political taboos,
political conflicts, suppression of minorities, distorting the realities, construction and
imposition of ideologies, and the like” (Riasati & Rahimi, 2014, p. 109). While education
system of a nation shares and shapes the ideals, objectives and purposes of the State, language
becomes the means and medium to express all these. Ideologies get shaped and promoted
through language.
In this connection, it may be safe to assume that a national document, as important as

the Constitution, must be replete with certain ideologies, carefully structured and linguistically
presented, and that its content and ideologies might have been reflected in the National
3
Education Policy, a document of instrumental nature. Thus, a critical genre analysis of the
Constitution and a comparison of ideologies embodied through language in the two major
national documents are the basic premises of this study. The first premise is necessary to
support the next one, thus contributing to the layered natured of the research.
1.2 Statement of the Problem
Constitutions are constructed to run the state affairs in a well-planned, systematic and
regularized way. Formally written or non-written (such as the British Constitution) versions of
Constitutions are constructed on ideologies of the people, which they safeguard, and also
construe certain ideologies among people. These constitutional ideologies provide base lines
to national policies to draw their ways forward. These national policies are usually linked with
the constitutions through principles of policy. Among these policies, a national education
policy plays an important role in disseminating and strengthening the national and
constitutional ideologies through education system of a nation.
There are various factors related to politics, governance, economics, and geo-political
involvement which impact the socio-economic dynamics of a country. These factors have been
extensively talked about by social scientists, economists, and politicians in the context of
Pakistan. However, one area has escaped the attention of the experts leaving a gap in the
prevalent literature. I identify this research gap as a language based linkage between the two
documents with reference to constitutional ideologies, without ignoring the genre related
intricacies of the Constitution. Although, these two documents, the Constitution and the
National Education Policy play important role in shaping the future of a nation, the ideological
correlation based on linguistic expression, has barely drawn attention from linguistics scholars
in the context of Pakistan. Perception of these intricacies motivated the researcher to attempt a
study of how ideologies are clothed in linguistic manifestation in the document of the
Constitution and that whether some ideological linkage can be identified with the help of
textual instances.
This study hypothesizes that a national education policy becomes instrumental to ensure
that the constitutional ideals or ideologies get reflected in national practices to an encouraging
extent. In the context of Pakistan, despite the fact that the Constitution of Pakistan has well
defined directives and codes to govern the country, it covers all aspects of social life, and
Pakistan’s National Education Policy is also constructed on the Principles of Policy as stated
4
in the Constitution; the values stemming from ideologies in the Constitution have not become
the visible dividend of our education system. To study this perceived phenomena, I determined
some objectives of the study to be achieved through Research Questions and analysis.
In this connection the Critical Genre Analysis (CGA) framework (Bhatia, 2004, 2009,
2012, 2015, 2017) has been used to analyze the genre of the Constitution of Pakistan, and to
understand its ideological connection with the National Education Policy (2009) of Pakistan.
The study is an effort to explore, through its research questions that what are the genre related
characteristics of the genre of the Constitution of Pakistan (1973), how it was constructed and
that what are the points of convergence and divergence, in terms of ideologies, between the
two important national documents. Objectives and Questions of the research follow.
1.3 Research Objectives
The current research uses CGA framework to analyze two important national
documents of Pakistan, to achieve the following objectives:
i. To explore linguistic complexities of the genre of the Constitution of Pakistan

using the Critical Genre Analysis framework proposed by Bhatia (2004, 2009,
2012, 2015, 2017).
ii. To explore the circumstances which resulted into the development of the genre
of the Constitution (1973) in its current form, using CGA framework as
proposed by Bhatia (2004, 2009, 2012, 2015, 2017).
iii. To analyze the ideologies linguistically presented in the Constitution of

Pakistan, with the help the element of criticality as proposed by Bhatia (2004,
2009, 2012, 2015, 2017).
iv. To explore Constitutional ideologies reflected through linguistic choices in the

National Education Policy of Pakistan (2009).
v. To illustrate examples of correlation of Ideologies as presented in the documents

i.e., the Constitution (1973) and National Education Policy (2009).
5
1.4 Research Questions

The study hypothesizes that due to the intricate relationship between language and
ideologies, it is possible to identify instances of ideologically laden expressions in two national
documents. It further hypothesizes that due to the influential nature of these documents related
one nation, there would be instances of shared ideologies which could be identified through
lexical items. Knowledge of Constitutional ideologies is necessary to shape and provide
dimension to individual and collective efforts of the citizens for national development. These
ideologies are mainly instilled and institutionalized through national education policy.
However, intricacies of the genre of the document(s) might be a hindrance in understanding
the message conveyed through these documents. In this connection, the study tries to seek
answers to the following research questions:
i. What are the linguistic features of the genre of the Constitution (1973)?
ii. How has the genre of the Constitution evolved to take its current shape?
iii. How are ideologies linguistically presented in the Constitution (1973) of
Pakistan?
iv. How are Constitutional ideologies reflected through linguistic choices in the
National Education Policy of Pakistan (2009)?
v. What are the points of ideological convergence and divergence between the
Constitution of Pakistan (1973) and the NEP (2009) as manifested through
language patterns?
1.5 Significance of the Study

Legal English has caught attention and focus of many discourse and genre related
researches. Usually, the texts selected and analyzed for these studies are related to law. These
researchers aim at testing linguistic theories (Solan & Tiersma, 2005), to deepen the
understanding of law itself (Gibbons, 2003), and to understand the social correlates (i.e.,
psychological, social and political) of law (Conley & O’Barr, 2005). Much work has been done
in these areas exclusively as well as combining the three foci. However, there are very few
studies which do a critical analysis of genre of the Constitution and make an effort to find the
ideological correlation between the Constitution and the National Education Policy of Pakistan.
According to Tachino (2010), ideological view of genre can be linked with the problem of
knowledge mobilization as ideological negotiation. Both, Bhatia’s concept of colonization
6
(2004) and Foucault’s will to truth (1972a, 1972b) touch upon this issue from different stand
points. Knowledge mobilization, the concept itself, has already been exhausted at length by
political scientists who occasionally referred to language in this regard. Yet, the studies did not
take any stance from linguistics stand point.
This research critically analyzes the language pattern(s), and ideological

representations in the texts of the Constitution (1973) and the National Education policy of
Pakistan. The research has the potential to contribute towards positive and informed changes
at policy and institutional levels by (i) highlighting ideological representations in the two
documents, (ii) pointing out any language related complexities in the two documents, (iii) and
finding the points of convergence and divergence between ideologies presented in the two
documents.
Though the need to collaborate with different domains, e.g. health, finance, and
population planning, has been identified through recent political and educational discourse, a
link between the Constitution and education policy has still not been established clearly. The
study will thus play a significant role in highlighting the importance of collaborative planning
of projects which can optimize the available resources and enrich the outcomes in the light of
the State constitution.
The 18th amendment in the Constitution of Pakistan (1973) provided provinces with the
legislative, institutional, policy and planning spaces to create a system of context-specific
governance for better service delivery at the grassroots level. The National Education Policy
(2009), in this regard, presents a consensually agreed upon, documented and adopted strategy.
The devolution of policy and planning of education, as the result of 18th amendment, should
not lead to doing away with the instrument i.e., NEP 2009 which should instead be utilized as
a core strategy document providing a common framework to the Provinces. NEP 2009 has the
potential to play a pivotal role in shaping up provincial educational policies/ plans after the
18th amendment as it was prepared with involvement of all provincial governments and other
relevant institutions.
The findings will be a significant contribution to the fields of Constitution and the
educational policy. This would help in deciding whether the Constitution (1973) and the
National Education Policy (2009) are aligned to complement each other. Discussion of the
points of convergence and divergence between the two national documents, will prove to be
7
helpful for our government for forming modalities to make our education system more effective
and helpful to achieve our Constitutional objectives as has been discussed in Chapter 6 of this
study.
This study is significant as it gives a new dimension to the studies done regarding genre
and ideology. An attempt at locating constitutional ideologies in National Education Policy in
Pakistan has never been explored before. Discussion of the points of convergence and
divergence between priorities of the two national documents, will prove helpful for our
government in forming modalities to make our education system more effective and also to
achieve our Constitutional objectives as a nation, through education. Moreover, critical
analysis of the genre of the constitution will lend insights into whether language based
complexities impact social cognition resulting in hampered understanding of constitutional
ideologies.
1.6 Delimitations of the Study
Genre of Constitution is a powerful legal genre while Education Policy is written in a

policy discourse genre. Due to the tedious and time consuming nature of the analysis, the study
limited itself to the texts of the Constitution of 1973 fully, and the National Education Policy
of 2009 partially. The text of the Schedules annexed at the end of the Constitution (1973) has
not been analyzed. The Constitutions of 1956 and 1962, and the five Schedules to the
Constitution (1973) have been referred to where required only for the discussion. Similarly, the
previous NEPs could not be discussed due to the constraints regarding time and scope of the
study except at places where it was necessary.
The Constitution (1973) is too lengthy as a text and poses great challenge to genre based
researches. It was not possible to reproduce all the relevant textual examples in the analysis
chapter of the study. For this reason the number of examples at the level of lexical items was
kept between a minimum of 10 and to a maximum of 50 depending on the length of the
examples. Moreover, instead of doing intensive analysis of each perspective, the study took an
extensive view and cover all perspectives to have an impact of totality.
Another delimitation of the study was to exclude less educated citizens as informants
of the survey. As the survey focused on the patterns of genre reception and linguistic
complexity of the gene of the Constitution, I had to conduct the short survey only on those
8
informants who were able to read the sample text from the constitution (1973) and comment
upon it. Thus, the population of interest to this study could not be generalized to the entire
population of the country.
CHAPTER 2
LITERATURE REVIEW
This chapter reviews the literature helpful to place the study in a specific research
context. The literature review contains relevant studies from different researchers and critiques.
However, they are closely related to this study and support the framework, Critical Genre
Analysis (CGA), chosen to conduct the research. Moreover, the literature also helped in
identifying the research gap to be filled in by the present study. Major areas covered in the
chapter include a brief overview of textual and Discourse studies, Genre Studies, Critical Genre
Analysis, Ideology, Genre and Ideology, Constitution of Pakistan (1973), National Education
Policy of Pakistan (2009), and National Policy and State Constitution.
2.1 Textual and Discourse Studies
Studies on language can be grouped under the areas of structure and use. While
language structure concerns itself with identifying the structural units and classes of a language,
language use is about “how speakers and writers exploit the resources of their language” (Biber
et al., 1998). It is pertinent to initially have a brief but comprehensive understanding of the
literature on textual and discourse studies which paved way for genre studies. Discourse
Analysis (DA) took a new shape since Halliday (1978) introduced a tripartite model (tenor,
mode and field) consisting of phonology, lexico-grammar and semantics to look at the
instances of discourse. This approach placed discourse in context maintaining that texts are
both, a process and a product which are created, embedded, and interpreted in a specific social
context. Halliday’s tri-stratal framework paved way for the later models of discourse analysis.
The same was explained later by van Dijk (1997) when he maintained that texts are analyzed
according to three inseparable elements: language use, communication and interaction.
Fairclough (1999) further highlighted the same aspects through description (text),
interpretation (pragmatics) and explanation (the social and cultural context). Fairclough (2002)
discussed the difference between DA approaches which are
10
text oriented and those which are not. The approaches which are not focused on textual
construction of discourses are more influenced by Foucault (1972) and focus more on the
historical and social context of texts. DA investigates texts (textual and verbal) in terms of their
grammatical structures, or in the domains of conversational analysis (CA) and speech act
theory, or a combination of these. DA does not follow some specific method or methodology,
so the choice of methodology varies according to the objectives of the analysis or study.
Understanding of the word discourse has now moved from mere text to text in the context. It
is understood as one or many communicative events, which encompass certain beliefs,
ideologies, identities, politics, and the like (Chilton & Schauffner, 2002).
Critical Discourse Analysis (CDA), in comparison, is a well-established approach to

analyze text and talk in the humanities and social sciences (van Dijk, 1997) to find out
relationships between discourse, ideology, identity, communities, social powers, social
structure, cultures, politics, and ethnicities etc. CDA, however, more than the text, focuses on
the strategies used by the communicators to seamlessly incorporate certain ideologies, to make
the discourse appear common-sense and apolitical (van Dijk, 1997). By virtue of its objectives
of analysis, CDA brings at one place the diverse micro-sociological theories and society and
power theories based on Foucault’s (1972) definition of power (van Dijk, 2001). Fairclough's
approach of CDA is interdisciplinary and brings different approaches and different levels of
analysis together on one platform. He claims that his approach to CDA “opens a dialogue
between disciplines concerned with linguistic and semiotic analysis”, and “disciplines
concerned with theorizing and researching social processes and social change” (2001a, p. 229).
The key semiotic concepts according to him include discourse, genres, and styles. “Order of
discourse” (p. 241) are the ways in which discourses and genres are intertwined. Luke (2002)
extends the use of the term “semiosis” (Fairclough, Jessop & Sayer, 2004, p. 231) to “semiotic
economies” wherein language, text and discourse become the “principal modes of social
relations, civic and political life, economic behavior and activity (p. 3).”
According to van Dijk (1998), CDA is a field that is concerned with studying and
analyzing written and spoken texts to reveal the discursive sources of power, dominance,
inequality and bias. It examines how these discursive sources are maintained and reproduced
within specific social, political and historical contexts. He (1988) maintains that CDA
“primarily studies the way social power abuse, dominance and inequality are enacted,
reproduced and resisted by text and talk in the social and political context” (2004. p.352) Dijk
11
suggests two levels of analysis i.e., micro structure and macro structure. Similarly, Fairclough
(1993) defines CDA as discourse analysis which aims to systematically explore often opaque
relationships of causality and determination between (a) discursive practices, events and texts,
and (b) wider social and cultural structures, relations and processes: to investigate how such
practices, events and texts arise out of and are ideologically shaped by relations of power and
struggles over power, and to explore how the opacity of these relationships between discourse
and society is itself a factor securing power and hegemony.
Due to its intellectual appeal, CDA has been combined in various researches with other
approaches in and outside the discipline. Van Dijk himself combined cognitive psychology and
CDA to uncover how ideological structures are hidden in peoples’ memory. Similarly, Chilton
(2004) combined cognitive and pragmatic aspects (using Habermasian “validity claims” and
Grice’s “Cooperative Principle” theories) and focused on credibility in political texts. Also,
Wodak (1989) brings in Gender studies and Politics to analyze gender discrimination and how
political groups/nations define their territories with the help of language use
By now, various divergent frameworks have evolved addressing needs of different

disciplines and a continuum of research foci. Howsoever, some of the early frameworks remain
source of guidelines for the later proposed frameworks of CDA.
Communication is not merely transfer of a message between interlocutors; rather it is

understood in terms of interpretation (Wodak, Cillia & Reisigl, 1999). Power relations which
shape ideologically constructed texts and the ability of texts to construct representation of the
world, social relations and identities have become the main target of CDA (Fairclough, 1999).
It is important to see, as the following Table 2.1 summarizes, how different linguists and
theorists have described different functions of language which achieve certain communicative
purposes:
Table 2.1 An overview of early approaches towards language functions
S. No. Researchers Functions of language
1 Bühler, 1934  Expressive (or emotive) function

(cited in Adel, 2006)
 Directive (or conative) function
12
 Referential function
Based on the elements of the

communication act:
2 Jakobson, 1960
 Referential (context oriented)
 Emotive (sender)
 Poetic (message)
 Conative (receiver)
 Phatic (channel)
 Metalinguistic (code)
(A Combination of Bühler and Jakobson’s):

3 Halliday, 1973  Ideational function which refers to
content, to talk or write about something *
 Interpersonal function which establishes
social relations, to talk or write about
someone
 Textual function in which linguistic items
are subservient to two mentioned functions,
what we say is appropriate for that situation
and topic.
 Descriptive conveying of factual

4 Lyons, 1977 information: he must have a temperature
 Expressive in order to supplying
information about the speaker, his/her
feelings, preferences, prejudices, past
experience: I'm not visiting her anymore.
 Social which establishing and
maintaining social relations between
people: Will that be all, sir?
5 Brown and Yule, 1983  Transactional: to convey factual or

propositional information (message
oriented)
As a discourse community is the achiever of the communicative purpose, it becomes

pertinent that the information gained from the discourse community on form and content should
be used during the analysis (Huttner, 2007). Earlier, drawing upon Searle (1969), Grice (1975),
and Hymes (1964), Coulthard (1977) had proposed multidisciplinary approach to discourse
analysis as opposed to linguistic-description of language use.
13
CDA approach is found still the best among the available choice of approaches to
critically analyze imbalance of power. However, according to Luke (2002), CDA in new era is
faced with theoretical and empirical challenges and it may require “new, hybrid blends of
analytical techniques and social theories” (p. 98) and “to move beyond a focus on ideology
critique and to document other forms of text and discourse to be able to analyze new forms of
identity and discourses. He also emphasizes the potential ability of CDA to be able to “mark
the productive use of power in the face of economic and cultural globalization” (p. 98). It
appears that before CDA, CGA rushed to fill that gap by offering an analytical framework
addressing areas beyond identity and ideology. Before discussing CGA, a brief account of
genre studies follows to place CGA in adequate context.
2.2 Genre Studies
Register, Discourse and Genre studies may be seen as coherent progression in the field
of text analysis. Initially, Register studies focused on the frequency of lexico-grammatical
structures in ESP related subjects, and discourse studies extended the circumference of analysis
to the communicative values of discourse, focusing on language units longer than a sentence.
Register and discourse analyses paved ways for genre analysis which is “the study of how
language is used within a particular setting” (Jordan, 1997) to achieve communicative
purposes. Swales, who first used the term genre (1990) defines it as comprising:
[…] a class of communicative events, the members of which share some set of
communicative purposes. These purposes are recognized by the expert members of the
parent discourse community and thereby constitute the rationale for the genre. This
rationale shapes the schematic structure of the discourse and influences and constraints
choice of content and style. (p. 58)
The concept of genre has been much investigated, questioned, answered and widely
debated by a number of renowned scholars such as Swales (1981b, 1990, 2004), Bhatia (1993,
1996, 2012), Bhatia and Swales (1983), Couture (1986), Miller (1985, 1997), Halliday,
McIntosh and Strevens (1964) Barber 1962, Gustaffson (1975), Spencer (1975), and Shehzad
(2005, 2007, 2008, 2010, 2011, 2013). However, these studies dealt with genre in exclusive
manner. The tendency to include discourse analytical approach in genre studies increased after
14
1990s. Finding the communicative purpose, however, is not recommended as the sole objective
of genre analysis but only as “part of a discovery process and an outcome of the genre analysis”
(Swales, 2001).
Genre theory as proposed by Hasan (Halliday & Hasan, 1989) is composed of two elements:
Contextual Configuration, and Generic Structural Potential (GSP). The Contextual
Configuration is “a specific set of values that realizes the three contextual variables” (p. 55).
The second element, GSP, is “descriptive of the total range of textual structures available within
a genre” (53). GSP was supposed to determine obligatory and optional elements of a text. The
obligatory elements further determine the genre type of a text. For example Hassan (1984)
found out that the Generic Structural Potential of fairy tales was as follows:
[(<Placement>^) Initiating Event^]Sequent Event ^ Final Event [^ (Finale). (Moral)]
Figure 2.1 GSP model for fairy tales (Hasan 1984, p. 54)
The framework of GSP has been extensively used in academic and linguistic researches
to study a variety of genres. The proponents of Systemic Functional grammar (Halliday, 1961)
also propose the use of lexico-grammatical analysis as compared to the traditional lexicology
based analysis for an in depth understand of the genre in question. Lexico-grammatical
approach discourages to study words in isolation branding it as “free distribution” (Firth
(1968b, p. 18) and removed from the context of use.
Swales (1990) proposed three key concepts in genre analysis: discourse community,
genre, and language learning. Understanding the discourse community is extremely important
to have a complete understanding of the genre itself. He believed that Halliday et al. (1964)
had based their early work on register analysis on thin description of the target discourse. He
also pointed out that outsiders, even if native speakers, may not be able to follow the specialists’
speech or writing until they understand the intricate insiders’ knowledge, conventions of genre
and professional practices (Swales, 1990). The systemic approach to genre is based on the
assumptions that a) language is socio-semiotic in nature, b) it is context-dependent, c) and that
the social context of a language is its culture. In similar connection, Malinowski (1923) also
had long ago suggested that meaning is based on the context of culture and context of situation.
15
Building upon Swales, Bhatia summarizes Swales’ definition (1981, 1985, 1900a) of
genre in the following manner, “[…] a recognizable communicative event characterized by a
set of communicative purpose(s) identified and mutually understood by the members of the
professional or academic community in which it regularly occurs (1993, p.13).”
Bhatia comments on Swales’ (1990) definition of non-fictional genre as a good fusion

of linguistic and sociological factors, although psychological factors are underplayed and genre
thus becomes a static concept as against a dynamic social process (1993). Later, in 1998,
Widdowson recognized genre analysis as a development on register analysis because along
with analyzing language, it also considers “the conceptual and rhetorical structures, modes of
thought and action which are established as conventional for certain discourse communities.”
It is important to mention that two other approaches towards genre analysis developed
around the same time as Swales’. These were American New Rhetoric or Northern American
School (Miller, 1984, 1994; Bazerman, 1994; Berkenkotter & Huckin, 1995), and Sydney or
Australian School of Systemic-Functional Approach (Martin, Christy and Rothery, 1997;
Martin, 1993). The former of these approaches focused on social purposes and actions
unpacking complex relations between text and context (Coffin, 2001). This school believed
genre to be a repeated activity to achieve similar goals in similar situations. The American new
Rhetoric school believes that utilization of a genre is:
[…] to provide a writer with a way of formulating responses in certain circumstances
and a reader with a way of recognizing the kind of message being transmitted. A genre
is a social construct that regularizes communication, interaction and relations
(Bazerman, 1988, p.62).
That is why the overall bulk of works on English for Specific Purposes (ESP) has
enormously been shaped by Swales’ concept of genre. In contrast to the New Rhetoric school,
the Northern American School focused on the relationship between language and its functions
in social settings (Hyon, 1996), and highlighted the importance of form, function and context
as reflected by Halliday. Genre studies done with the help of Sydney School were mainly done
to offer help to primary and secondary school students and to the adult migrant students to help
them adjusting to the context in order to succeed.
16
Genre and Discourse studies have also expanded their influence to organizational
studies and have now become part and parcel of organizational studies. They have recently
experienced closely related research connections with former studies and have benefited from
them to better understand their respective professional contexts. Organizational studies, in turn,
have also recently exhibited a shift in research preferences in favor of professional and
organizational genre analysis in contrast with relying on organizational theories to improve
work situations. Popularity of Discourse and Genre approaches among organizational studies
have also resulted recently in terms like genre management in professional context Rogers
(2013). Bhatia (2017) briefly reviews the evolution of genre studies and genre-based analysis
of text as “product”, to understand the socio-cultural and critical’ aspects, to understand the
nature of discursive practices, and situated cognition. In Pakistani context, Ahmad (2007),
Jabeen (2012), and Jabeen and Shehzad (2018) worked on legal genre to identify significant
grammatical features in spoken and written legal genres contributing significantly to the field
of ESP in Pakistan. This development in text studies stemmed from reconsidering the notion
of communication. Understanding a communication may also require “among a number of
other aspects of shared understanding, a discipline-specific knowledge of how professionals
conceptualize issues and talk about them in order to achieve their disciplinary and professional
goals” (Bhatia, 2017). According to him many of these aspects have always been discussed as
context.
The common factor between all these varying works suggested to view Genre Analysis
as the “study of situated linguistic behavior” (Bhatia, 2004). According to Bhatia, like stars in
the galaxy, the genres exist in colonies (Bhatia, 1997a, 2002), and colonies have systematic
relationship with each other as one may find in the whole galaxy of the universe (2004). This
universe, according to his theory may be understood analyzing its different worlds or
perspectives. Bhatia (1993, 2002, 2004, 2008) describes Genre Analysis as multi-disciplinary
and multi-faceted activity leading to differing conclusions prompted by different motivations
for the analyses. He suggests that a genre analyst needs to know four different kinds of worlds,
“if I may use the term to refer to different perspectives on what I may call the universe of
discourse. These are: the real world perspective, the writer's socio-cognitive perspective, the
discourse analyst's perspective, and the pedagogical perspective” (Bhatia, 2002, p. 8). His
three-space model suggested to explore genre in a professional context. Through this model,
Bhatia explains that evolution of the analysis of written discourse started with textual space,
then moved into socio-cognitive space, and finally into social space (2004).
17
Figure 2.2 Three-space model of genre analysis (Bhatia, 2004)
The spaces are in fact also the stages of development of genre analytical studies. In the
initial stage the attention was given to the textualization of lexico-grammatical resources under
the influence of formalism from 1960s and early 1970s, (ii) the next stage of discourse studies
focused on the regularities of patterns of organization. This stage brought cognitive structures
(Swales, 1981, 1990) and socio-cognitive context (Bhatia, 2004) in the fold of genre studies,
(iii) recent developments in genre studies analyze contextualization of discourse paying close
attention to how discourse is linked with identities, ideologies, and social relations (Bhatia,
2004, 2017). Communicative purpose, discourse community and the context of the genre are
all interlinked and should be given due attention and deliberation to understand a genre.
A genre can be described as an expert text, and an expert text, according to Beaufort
(1998), is shaped by four areas of knowledge, namely the subject matter knowledge, rhetorical
knowledge, writing process knowledge and genre knowledge. Bhatia, Flowerdew and Rodney
(2008) point out that Genre analysis, whether defined in terms of typification of rhetorical
action, as in Miller (1984), Bazerman (1994) and Berkenkotter and Huckin (1995), or
regularities of staged, goal oriented social practices, as in Martin et al. (1987) and Martin
(1993), or consistency of communicative purposes: as in Swales (1990) and Bhatia (1993), can
be viewed as the study of situated linguistic behavior in institutionalized academic or
professional settings. However, even complete understanding of genre itself does not guarantee
effective communication as Swales stated that genres are frames for social actions, a starting
point and they provide no guarantee that a successful rhetoric action will take place (2004).
To successfully analyze a formal or expert text or genre, Bhatia (1993) suggested seven
steps to be followed. These seven steps were (1) Placing the given genre-text in a situational
context, (2) Surveying existing literature, (3) Refining the situational/contextual analysis, (4)
18
Selecting a corpus, (5) Studying the institutional context, (6) Levels of linguistic analysis
(Level 1: Analysis of lexico-grammatical features, Level 2: Analysis of text: patterning or
textualisation, Level 3: Structural interpretation of the text-genre, and (7) Specialist
information in genre analysis. His seven step model was further developed by Huttner in 2007.
Bhatia (1993) placed genre as part of communicative process and suggested it to be analyzed
at three levels: the communicative purpose, the move structure, and the rhetorical strategies.
Presenting CGA, Bhatia also differentiates CGA and CDA frameworks on seven
contrastive perspectives: professional vs. social practice, analytical rigor vs. ideological bias,
contextualization vs. textualisation, interdiscursive socio-pragmatic vs. discursive space,
interdiscursivity vs. intertextuality, multi-perspective genre analysis vs. text-oriented discourse
analysis, and interdiscursive vs. discursive space (Bhatia, 2017).
Regarding Genre Analysis, Spinnuzi (2004) maintained that genres are clustered into
sets and systems to regulate the flow of work and to compile information for discussion and
retrieval. In the same terrain, Bhatia, later (2004) pointed out the complex nature of genre i.e.,
a super-genre composed of sub genres vertically and interrelations and relatedness with the
external context, horizontally. He (2004) greatly contributed towards Applied Genre Analysis
and offered the Critical Genre Analysis framework later.
2.3 Critical Genre Analysis
Miller (1984) may be called the pioneer of the concept of Critical Genre Analysis
(CGA) as she first drew attention of analysts towards the value of genre studies not only due
to its abilities to create some “kind of taxonomy, but because it emphasizes some social and
historical aspects of rhetoric that other perspectives do not” (p.151). The gist of her thesis is
the potential of CGA to formulate a critique of social actions (Bjorkvall, 2017). According to
Miller (1984) “genres can serve […] as an index to cultural patterns” (p.164) for critical
analysts.
The concept of CGA prospered at the hands of Bhatia (2004, 2008, 2015, 2017). The
shift from GA to CGA was not as sudden as it seems. In 2002 Bhatia had moved away from
Genre Analysis posing the question “is generic description a reflection of reality or a
convenient fiction invented by applied linguists for pedagogical and other purposes?” (p.6). In
2004, Bhatia explained his own genre theory Critical Genre Analysis (CGA) which takes
19
genres as “discursive products to professional practice” (p.8), and that understanding the
construction of genre itself through linguistic manifestation helps the language learners and
teachers in language classes. However, a beyond the surface level analysis of genre results from
an in-depth analysis of context or text-external factors and demands the convergence of
researches from different disciplines (Bhatia, 1993).
Like CDA, CGA also draws inspiration from applied socio-linguistics to study
discourse in real life situations. Understanding genre communities is very important. These
communities are formed by distinctive communication patterns organized into genre system
and which in turn may be differentiated by their purpose, content, participants, form, time and
place (Yates & Orlikowski, 2002). Genre analysis helps to understand the communicative
group it comes from, the audience that receives it, the historical and cultural background and
the extra-textual reality it aims to represent (Orts, 2015). The same standpoint also supports
CGA.
Identifying the need to combine different frameworks on genre analysis, Bhatia (2004,
2012, 2017) proposed a genre analytical framework, a multidimensional and multi perspective
model, to focus on the world of professions, and to be able to “see as much of the elephant as
possible” (2017, p.10). Elephant here referring to genre.
Figure 2.3 Levels of discourse realization (Bhatia, 2004, p.34).

20
The framework tries to distinguish discursive practice from professional practice,

something Bhatia believes was never done before. The framework of CGA claims that
discourse operates at four levels as shown in the Figure 2.3. However, Bhatia revises this
diagram in 2017 by replacing the continuum of discursive and professional practices with
discourse, performance and pragmatic success.
C
O
N PRAGMATIC
T SUCCESS
E
X
T
PERFORMANCE
DISCOURSE
T
E
X
T
Figure 2.4 Levels (Revised) of discourse realization (Bhatia, 2017, p. 34).
The text in the Figure 2.4 refers to “surface level text-internal properties of discourse”
(p. 67) embodying formal and functional aspects of discourse. One of the tested and tried
methodology to understand a text in depth, is lexico-grammar. Its origins are in Systemic
Functional Linguistics (SFL) and main contributors include Firth (1957), and Halliday (1961,
1992). It combines traditional study of lexical and grammatical environment with Halliday’s
model of language mediating between a lower level of sounding (graphology / phonology) and
a higher level of meaning (semantics / discourse) (1992). This level encompasses all aspects of
21
text structure and information structure including Halliday’s (1973) “given, new, theme and
rheme”, and Hoey’s (1983) “general-particular and problem-solution” respectively.
The second level of the above diagram, discourse as genre, makes up for the deficiency
at previous level by addressing the “way it is likely to be interpreted, used and exploited in
particular contexts, whether social, institutional, or more narrowly professional, to achieve
specific goals” (Bhatia, 2017). Analysis at this level may address socio-pragmatic and
ethnographic questions as well as linguistic.
Next or third level of professional genre to be explored is that of professional practices

which must be understood with reference to or along with discursive practices which are the
outcome of specific professional procedures embedded in specific professional cultures.
The concept of discursive and professional practices offered by Bhatia sounds an echo
of the definition of organizational discourse forwarded by Grant et al. (2004) as the structured
collection of texts embodied in the practices of talking and writing that bring organizationally
related objects into being as these texts are produced, disseminated and consumed. Similarly,
Smeltzer, Glab and Golan (1983) state that ‘management views communication as a means to
an end, something to be exploited in service of organizational objectives after weighing the
cost-benefit considerations. Existence of an organization depends on the discourse it creates;
however, it does not mean that organizations are nothing but discourse, but rather that discourse
is the principal means by which organization members create a coherent social reality that
frames their sense of who they are (Mumby & Clair, 1997). The relationship between discourse
and profession is reinforced by Bhatia (2017) when he admits that professional actions may
not solely be achieved by discursive artefacts yet the two cannot be considered in exclusion.
He also believes that interdiscursivity enriches a professional genre.
The final or fourth level of discourse realization is about professional culture and the
same level takes the genre analysis to critical genre analysis (Bhatia 2008, 2010). At this level,
appropriate forms of professional and disciplinary identities are constructed and played out to
ensure pragmatic success of the discursive and professional practices in question (Bhatia,
2017). The fourth level studies a genre beyond textual, intertextual and semiotic manifestations
to have elaborate understanding of the institutional and organizational practices.
22
Critical genre analysis may even be used to focus on the discursive products, or to
analyze only professional practice (Bhatia, 2017). He believes that CGA framework can yield
in-depth responses’ to certain questions that are critical and analytical in nature. Some of the
questions he mentioned in his latest study (2017, p. 10, 11) include the following:
o Why do professionals write the way they do?
o What is the nature of their professional objectives?
o What is the role of language in achieving those objectives?
o What makes such communication possible?
o What makes it pragmatically successful in achieving their professional

objectives?
o Who contributes ‘what’, ‘when’, and ‘how’ in the process of discursive

construction?
o What other discourses and genre are interdiscursively exploited in the

construction of such professional genres and in what way do such appropriations
make it effective and pragmatically successful?
o To what extent does critical genre theory allow one to investigate the nature of
professional practices?
All of the above questions may be summed up as “why members of a specific

disciplinary community communicate the way they do?” (Bhatia, 1993, 2004; cited in Bhatia,
2017, p. 4). It is relevant her to have an over view of the framework of CGA as used in this
study.
2.4 Critical Genre Analysis Framework by Bhatia
The CGA framework (Bhatia, 2002, 2004, 2012, 2017) itself is a combination of
different perspectives and frameworks and was initially proposed in the form of a three-space
model in 2004 by Bhatia. The framework provides an opportunity to critically analyze a genre
due to its meticulous procedures focused on microscopic details of the genre. The framework
helps to look at discursive practices in combination with professional practices (Bhatia, 2004)
and offers points of analysis with some recommended procedures and tools. The framework is
23
flexible as it leaves to the researchers and analysts to decide what aspects they want to explore
regarding a genre and to what extent.
The four perspectives offer four standpoints to analyze the textual phenomenon with
the help of the discourse analysis strategies broadly suggested for each perspective. The
recommended strategies require guidance from the already available models and methods of
text or discourse analysis. In order to analyze a genre within the multidimensional perspective
framework, Bhatia suggests to use a number of procedures, in addition to those traditionally
employed in linguistic and discourse analytical practices, often from disciplines other than
linguistics and discourse analysis (2015).
Critical Genre Analysis describes genres with a primary focus on “how a genre is
constructed, interpreted, used, and exploited in professional practices” (Bhatia, 2017, p. 28). It
has combined the best of both the worlds i.e., CDA, and CGA as Bhatia stated that “CDA and
CGA can and should often be combined” (2017, p.7). It is pertinent to mention here that CDA
itself is not a rigid approach to discourse analysis. Fairclough (2001a), the pioneer of CDA,
suggested CDA to be a “resource which could be used in combination with others for
researching change in contemporary social life” (p. 229). CGA offers an eclectic framework
and therefore a suitable analytical approach for this study to explore the discursive construction
and representation of ideologies within and through discourse in two important documents.
Initial framework of the CGA as proposed by Bhatia focused on multi-perspective and multi-
dimensional analysis of a genre (2002, 2004); however, later, he added criticality and
interdiscursivity along with a multi-perspective analysis. The CGA framework can very
conveniently be discussed with reference to these three features.
2.4.1 Multi-Perspective and Multi-dimensional Analysis.
The Multi-perspective and Multi-dimensional analysis of the genre takes four

standpoints to analyze the text of the genre: Textual, Ethnographic, Socio-cognitive, and Socio-
critical.
2.4.1.1 Textual perspective. According to CGA, the textual perspective may analyze
a) statistical significance of lexicogrammar, b) textual corpora, c) textualiztion of
lexicogrammatical resources, d) discourse/ rhetorical or cognitive structure, e) intertextuality
or interdiscursivity, and f) generic conventions and practices. The lexis and grammar form a
unified stratum of language (Firth, 1957) which cannot be studied in isolation from its co-text
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(context of use). Co-text here is the neighborhood of signs referred to as collocations.

According to Firth, “the collocation of a word or a piece is not to be regarded as mere
juxtaposition, it is an order of mutual expectancy. The words are mutually expectant and
mutually prehended” (Firth 1957, p. 181) and “must not be treated as if they had isolate
meaning and occurred and could be used in free distribution” (1968b, p. 18). The framework
also suggests some tools or procedures to probe into the above areas. The tools include a) a
linguistic description and analysis, b) a corpus-based analysis of ideas, c) an analysis of
cohesion and intertextuality, d) and study of generic conventions and practices. The framework
offers flexibility to critical genre analysts to select the preferred tools out of the suggested ones
to match with the aspects and objectives of the analysis.
2.4.1.2 Ethnographic perspective. The ethnographic perspective recommends to

analyze- critical sites of engagement or moments of interaction, practitioner advice and
guidance, social structure, interactions, history, beliefs, goals of the professional community,
physical circumstances influencing genre construction & communication, history and
development of genre takes into account the context of engagement in genre construction, its
interpretation, use and exploitation (Bhatia, 2004, 2008, 2017). This may be safely maintained
that this perspective looks into functional side of the genre. Bhatia (2004) recommends the
following tools or procedures to explore ethnographic perspective of a genre: a) observational
accounts of expert behavior, b) lived experiences of members of community of practice, c)
convergent narrative accounts of active professionals, and d) accounts of recipients of genres.
One of the tools or a combination can be used to conduct an objective based critical analysis
of a genre.
2.4.1.3 Socio-cognitive perspective. The socio-cognitive perspective of the CGA

framework focuses on the patterns of generic integrity. Patterns of audience reception, nature
and function of disciplinary culture, appropriation of generic resource, use of exploitation of
rhetorical strategies, and patterns of interdiscursivity (Bhatia, 2004). The principles of critical
analysis of text and talk suggested by van Dijk (1997) may also be applicable to CGA. One of
the principles is to understand social cognition as a theoretical interface or link between
discourse and dominance. The concept of interdiscursivity occupies important place in socio-
cognitive perspective. Interdiscursivity takes pace across discursive events (genres, practices
or cultures), based on shared generic and contextual features across two generic constructs.
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The tools recommended to carry out research in this perspective of a genre include:
accounts of practitioners advices, manuals etc., studies of serial structure and interaction etc.,
history, benefits, goals of disciplinary cultures etc., analysis of texts intertextually genres,
studies of audience reception, studies of relevant disciplinary cultures, studies of reading and
interpretive behavior (Bhatia, 2004).
2.4.1.4 Socio-critical perspective. The fourth and the last perspective discussed in the
CGA framework by Bhatia is the socio-critical perspective which focuses on the analysis of
Pattern of language, ideology and power, interaction of language and social structures,
interaction between discourse and social practice, and cross-cultural and intercultural
constraints. The tools suggested to analyze this perspective of a genre include: accounts of
language, ideology and power, discussions of language and social structures, studies of social
changes reflected in discourses, studies of organizational behavior, and studies of socio-cultural
backgrounds.
2.4.2 Interdiscursivity.
Critical Genre analysis demands more attention to text externals as compared to text
internals not only to pay attention to textualization but also to understand the role played by
such textualization in a particular context. He highlights interdiscursivity as a specific aspect
of context because he believes it would help understand genre construction and interpretation
of institutional actions. Drawing upon evidences from corporate disclosure practices,
international commercial arbitration practices and philanthropic fundraising practices, he
explains how interdiscursivity functions for appropriation of generic resources by focusing on
specific relationships between and across discursive and professional practices as well as
professional cultures. The concept is explained by Bhatia as appropriation of generic resources
as in Figure 2.5.
26
Figure 2.5 Appropriation of Generic Resources (Bhatia, 2010, p.37)
Moreover, Bhatia views the practice of combining different discourses as “a

strategically implemented corporate strategy” (2010, p 38) to achieve specific objectives
especially under adverse circumstances. The Figure 2.5 shows three kinds of contextual and
other text external boundaries i.e., professional genres, professional practices, and professional
cultures. Interdiscursivity is mainly across two or more discursive events or discursive
constructs. Understanding of the exploitation of interdiscursive space referred to as
interdiscursivity and that within socio-pragmatic space (Bhatia, 2017) might be helpful in
deeper analysis of organizational practices.
2.4.3 Criticality
Element of criticality is rooted in sociological studies and had its early manifestations
through Social Critical Theory (SCT) which following the tradition of Frankfurt School of
Sociology focused on understanding and explaining social act. Later, as summarized by Bhatia
(2017), Habermas (1972) redefined SCT to differentiate between communicative rationality
and distorted communication. Critical theory in literature follows hermeneutics and associates
interpretation with understanding of text. Critical theory overall does not accept the superficial
meanings and tries to demystify communication to understand meaning that a common reader
cannot. Critical theory was later extended in CDA to question injustices in societies as hidden
in discursive practices. CDA makes an attempt to address power imbalances.
27
According to Bhatia the element of criticality is used to convey dual meanings: a) to

identify and remedy societal actions through an analysis of language, and b) to undertake
rigorous analysis of a given genre or discourse to “encourage sound understanding and
appreciation of literature” (2017, p. 23). The first notion is akin to SCT, the second one is closer
to CGA utilization of the term. It is the second notion that CGA favors and uses.
Criticality in this study is not used in terms of Social Critical Theory as is used in CDA;
it rather uses criticality to demystify the expert practices to develop a genre. Instead of
criticizing the generic constructive practices, CGA undertakes rigorous analysis to understand
how a genre was developed the way it is.
2.5 The Concept of Ideology
The term Ideology was coined by Antonio Destutt de Tracy (in Head, 1985) after the
French Revolution at the turn of eighteenth century. Unlike Plato, “Idea” to de Tracy was “a
certain bundle of simple sensory qualities which are imprinted in the mind and which are then,
secondarily, ascribed by the mind with a certain form of sign” (p.30). Since then, the concept
of ideology has been defined differently in different disciplines and studies rooted in different
philosophies. Lack of uniformity, across multiple disciplines, in defining ideology is a
challenge in itself. Ideology is a cultural system of ideas about social and linguistic relationship,
together with their loading of moral and political interest (Irvine, 1989). Ideology is a set of
belief system that constitutes a person’s belief, value, goals and anticipation (van Dijk, 2004).
The term Ideology has been defined in various ways by people of significant opinion in
different disciplines. This section presents some definitions of ideology to start with. According
to a famous German sociologist Manneheim (1936), ideology can be referred to as “particular
ideologies which are used by nations for securing the goals of their national interests. These
are in the form of simple, legal or ethical or biological principles such as justice, equality,
fraternity or natural struggle in relations (p. 53).”
Another definition, by Sterling (1974), precisely describes the notion of ideology as a

set of ideas that purports to give meaning to the past, to explain the present and to prognosticate
the future. Interestingly, a very different view on ideology comes from the Marxist tradition.
Marx used the term false consciousness when talking about ideology. He believed that ideology
allows power holders to have maximum power with the minimum conflict with the help of a
certain group which would propagate to serve the interests of certain people (1970). These
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certain people, in Marxist views, are usually the power holders. Marxism believes that through
ideology people are led into believing that they are acting according to their free will, but they
actually are not. Institutions play instrumental role in planting ideology through values and
conceptions of the world. This socialization process is called hegemony and it is carried out by
the state’s ideological apparatuses, such as schools, churches, commercial advertisements etc.
(Marx, 1990). Lyon (1997) explains that this hegemony takes place through wide spread
teaching of concepts about what state of the affairs is, what the world is about, and what it
should be like.
Sypnowich (1990) further extends Marx’ views by stating that ideology conserves by
camouflaging flawed social conditions, giving an illusory account of their rationale or
function, in order to legitimate and win acceptance of these conditions. Further, Bell (1962)
defined ideology as an action-oriented system of beliefs that guides people to do or not do
certain things. If ideology is really linked with actions, then it must have the manipulative
power to portray reality in one way or the other. While Bell (1962) predicted about the end
of ideology, Althuser (1971) proclaimed that ideology would never cease to exist as long as a
single human exists, and that’s why he called human being ideological beings.
As the reality we experience has no inherent categories or classes and can therefore be
categorized in various different ways hence, the features we select to categorize them reflect
our value system (Goatly, 2000, p.52) forming our ideology. Goatly (2000) believes that values
are reflected in the vocabulary or choice of words used to convey a message. However, he
warns that general categories are less obvious and more debatable. When these categories are
made too general, then negative perceptions like stereotyping takes place. The following image,
depicts how over-generalized experiences with realities result into wide spread stereotypes
related to different nationalities.
29
Figure 2.6 The World as We Know [Drawing]. (n.d) Retrieved from

https://knowyourmeme.com/photos/962266-nationality-stereotypes
The Figure 2.6 depicts, in a light vein, an over generalized world view by most of the
people about other nationalities. The generalized views result in prejudices and hinder us to
look at the phenomenon from a different angle. According to Marks (2002), “racial
classification is very much a cultural construct rather than a scientific one. DNA evidence fails
to support a scientific classification of race (p. 65). Ideology is a sociological variable and helps
peep into societal structure and atmosphere. The recent concept of ideology has deviated
significantly from De Tracy’s definition of ideology as the science of ideas. It has come to
mean a collection of particular ideas serving political purposes (Stanford Encyclopedia of
Philosophy, 2014).
In disciplines of sociology, ideology is considered an element of national power. More

powerful actors have the more means and resource to influence the actions and minds of the
less powerful” (van Dijk, 1988). He gives example of educational setting, where the
participants are unequal. Due to this inequality, the credible sources like teachers and
professors, due to their access to the knowledge take the control of particular type of discourse
like scholarly discourses over their students (1988). If stretched, this example may take in its
fold politicians, legislators, policy makers, and policy implementers due to their access to
30
uncommon or less common yet powerful discourse. Policy studies maintain that national
policies always carry hidden ideological rationalizations. Mannheim, MacIver, Wirth and Shils
(1938), maintain that particular ideologies are used by nations to secure goals of their national
interests. These ideologies can be in form of simple, legal or ethical or biological principles
such as justice, equality, fraternity or natural struggle in relations. It is safe to assume here that
if ideologies direct a nation to assume a particular path to accomplish some objectives, the
same are also capable to hold actions to proceed in some particular direction.
Ideologies are used to guise political intentions and to meet the purpose; words are
carefully selected and combined for a narrow interpretation. Ideologies are created,
manipulated, imposed and legitimated. According to van Dijk (1989), ideologies organize the
social cognition shared by the members of “social groups, organizations or institutions” (p. 17).
This group schemata constitutes group ideology which “organizes the information as well as
the social and institutional actions that define membership: who belongs to the group, and who
does not; who is admitted and who is not (p. 19).” Similarly, according to Schaffner (2003, p.
23), ideologies get expression through language at two levels “depending on the topic of a text,
its genre, and communicative purposes. At the lexical level (deliberate choice or avoidance of
a particular word) and the grammatical level (e.g. use of passive structures to avoid an
expression of agency.” Ideologies are made of sociocultural values, such as equality, justice,
truth or efficiency, and function as systems of social cognition. These systems are essentially
evaluative about right or wrong and eventually shape social perception and interaction.
Typically, such values are not limited to specific groups, but have broader cultural relevance.
This means that they may be culturally specific and culturally variable, although some values
may be universal (Rokeach, 1973).
2.6 Particular Ideologies
All ideologies that are used by nations to exercise power are called particular ideologies
as compared to general ideologies which determine behavior of state. Particular ideologies,
along with other factors, allow decision makers of a nation to formulate and secure national
objectives. Ideologies are expressed through certain words which also shape the discourse of
politicians and different government office bearers. Ideologies always come with a host of
other notions and terms like, national ethos, political psychology, national character political
sociology, and values of people.
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According to Morgenthau (1978), “Ideologies are a cover to conceal the true nature of
political actions. It is the very nature of politics to compel the actor on the political scene to
use ideologies in order to disguise the immediate goals of this action” (p. 13). Use of ideologies
in politics cannot be understood in lieu of the concepts of national political culture and national
political temperament.
Political culture or behavior of a nation, according to Benedict (1934; 1946), Mead

(1942; 1953), Gorer (1948; 1953; 1955), Fromm (1941), and Klineberg (1950), may be studied
through psychoanalysis and cultural anthropology of a nation. Political sphere itself has its
distinct culture to socialize new members entering into the sphere. This process of awareness
or familiarity with the political culture of a country is called socialization which should ideally
take place (a) in childhood- when children are socialized as per general norms of the society-
and (b) in later years-when they are socialized particularly being introduced to political sphere.
While the primary stage instills positivity, the later stage is all about cynicism and criticism of
life around with the hopes of reforms. Family in the former phase, as compared to mass media
and political parties in the later stage play roles of socializing agents.
Though political scientists distinguish the two different phases, yet these are not
sequential in order and can even overlap in certain cases. However, if the first phase is not
characterized with optimism, the latter stage becomes void of hopes of reformation (Grossholtz
1964).Conscious efforts were made in traditional political cultures of Japan, Egypt, Ethiopia,
and Turkey to make this process congruent (Binder, 1961). In these cultures general and
particular socializations were in harmony with each other. Incongruent and inconsistent
socialization phases result into tense and instable political culture. Another important point is
the change of socialization processes before and after a state gains independence. The
instability in many new states is mainly due to the differences between the emphasis of the
socialization processes which produced the various strata of the contemporary society and the
attitudes necessary for operating a national political process. Education determines the relative
importance of different kinds of socializing agents in shaping different aspects of the political
culture and, thus, in evaluating the links between the sociological structure of the society and
the political processes.
Related to the discussion on ideologies, Fairclough (1989) believed that there are
certain underlying assumptions behind certain selections of discourse. These assumptions are
32
never value-free and innocent, rather they are ideologically driven and motivated. By studying
the forms of the language, we can discover the social processes and also the specific ideology
or ‘hidden agenda’ embedded in them. He (1989) gave more importance to the “how” and
“whyness” of the text interpretation and explanation, as compared to the “whatness” of the text
description (in Rahimi & Riasati, 2011, p. 109). Discourse analysts believe that discourses are
manifestations of power which constitute both particular social realities (Fairclough 1995a)
and identities (Foucault 1972). Alongside ideologies, such analyses can also help in exploration
of power relations that exist in the society or community. Van Dijk believes that ideologies are
the most fundamental social representations shared by a group, namely, those representations
that embody its overall interests and goals. Though vague in the theoretical presupposition,
ideologies of speakers or writers may be uncovered by close reading, understanding or
systematic analysis (1993, p. 41).
Taking it further, Fairclough (1995b) and Gee (1996, 1999) suggest that discourses
constitute identities that position people in potentially contradictory ways. Such positioning
may be homogenizing, in that particular groups of people are represented in ways that privilege
the voice of some groups over others.
Ideologies cannot be objective realities. They must be tainted with specific embedded
ideologies and hidden agenda and also, the positioning of identities can clearly be identified in
power discourse. National Constitutions and policies can offer interesting findings when
critically analyzed for their discursive and ideological constructions.
2.7 Genre and Ideology
As human knowledge is socially constructed, no area of human endeavor can ever be

neutral or value-free (Hicks, 2018). Meighan and Harber (2007, p. 212) subtly describe the
connection between ideologies and language as “Ideology is defined as a broad interlocked set
of ideas and beliefs about the world held by a group of people that they demonstrate in both
behaviour and conversation to various audiences.” For a long time, the link between discourse
and ideology has been studied under the umbrella of Critical Discourse Analysis alone until
Genre was also considered ideological by Devitt (2004), Freedman (1996) and Miller (1984).
In this connection, considerable amount of work has been done to analyze the ways in which
individuals’ respond to ideologies embedded in genre (Artemeva, 2007). Yet more specifically,
33
there have been studies (Paré, 1993, 2002; Segal, 1993) on how genres control individuals’
behaviors.
During a good amount of initial time frame, such studies remained limited to finding
ideologies related to a particular genre. However, genre studies are getting more inclusive lately
as Bhatia (2002, 2004, 2008, 2014, 2017), Bazerman (1994), Devitt (1991, 2004) and Spinuzzi
(2004) tried to investigate interactions among multiple genres. Study of multiple genre also
paved way to the investigation in ideologies linked with multiple genre and how ideology is
negotiated at the intersection of multiple genres. Such studies definitely, raise concerns about
if some genres dominate others in terms of ideologies, or that if ideologies are compromised at
the cost of merging different genres. Tachino (2012) quotes Jasenoff (2005) and Priven (2001)
to emphasize the intersection among (social) science research, law, and public policy, provides
crossroads for knowledge mobilization from (social) sciences and that such research is to be
simultaneously encouraged though contested by policy makers and courts.
2.8 Legal English and the Genre of Constitution
Legal language is a differentiated variety of professional discourse and has earned

notoriety due to its being too dissimilar to the usual communication, and being too complex in
construction. Though the very first legal document cannot be traced in terms of time and
format, the known interest in legal language has usually been linked to its rhetorical value. The
first legal document on record dates back to 1271 BC (Matilla, 2006) and the modern researches
in legal language started in 1960s and 1970s, with the works of Mellinkoff (1963), Crystal and
Davy (1969) and Gustafsson (1975). The three works analyzed its characteristics and use, style,
lexical and syntactic features, and syntactic features respectively. A Constitution is the organic
and fundamental law of a nation or state (Black, 1990, p. 311) which establishes character of
its government and lays down principles to which the government and its departments must
conform. A Constitution, written or unwritten, is central to running affairs of a state.
Armbruster and Anderson identified four discourse properties which should help
writers and authors to produce a comprehensible text without too much effort (cited in Crismore
& Hill, 1988). The four properties are structure, coherence, unity, and audience appropriateness
which is about meeting the needs of the reader in regard to the amount of explanation, detail,
vocabulary and syntax, all based on the amount of background knowledge of the reader (1981,
34
1984). Legal discourse or genre flaunts these properties very conveniently on professional
grounds. Law is a profession of words, giving importance to the study of legal language, text
or discourse which focuses on the nature, functions and consequences of language use in the
negotiation of social order (Danet, 1985). It is also important here to understand the fine line
between legal language, and language of law as distinguished by Trosborg (1995). She
believes that language of law rightly refers to a particular area of legal writing i.e., legislation,
contracts and deeds. It well establishes the placement of the Constitution as written in the
language of law. Similarly, Maley (1987, 1994) classifies legal discourse into four types: (i)
judicial discourse, (ii) courtroom discourse, (iii) the language of legal documents, and (iv) the
language of legal consultation (1994), without commenting on language of legislation. In the
same connection, Sarcevic (2000) describes only prescriptive and descriptive types of legal
texts. Bhatia, however, makes distinction on the basis of communicative functions (1983).
Interpretation of Constitutional texts is not very simple. Lawson (1994) proposes three
approaches to interpret a Constitution- i) seeking the original intent (both motivational and
functional), ii) seeking original public (legal) meaning of the lawgiver, iii) using the rules of
interpretation accepted by the lawgivers.
Written legal discourse is more formal than the verbal legal discourse. Legal discourse
are characterized by archaic use of words, long winding sentences, use of jargon, complex
grammatical forms and repetitive language structure. Archaic words include examples like
hereinafter, heretofore, surrejoinder, aforesaid, etc. (Williams, 2005). He also lists down
examples of loan words from French and Latin i.e., ex parte, ratio legis, in situ, etc. According
to Crystal, Irrespective of the differences of form, structure and types, the legal texts have to
be stable enough to stand the test of time, so that cases will be treated consistently and fairly,
yet flexible enough to adapt to new social situations (1995). The complex syntactic structures,
archaic vocabulary and certain way of expression make legal English difficult to be deciphered
by a reader with no or inadequate knowledge of legal language. Wydick very comprehensively
described the difficulty of legal language and why it is so, from a lawyer’s perspective:
We use eight words to say what could be said in two. We use arcane phrases to express
commonplace ideas. Seeking to be precise, we become redundant. Seeking to be
cautious, we become verbose. Our sentences twist on phrases within clauses, glazing
the eyes and mumbling the minds of our readers. The result is a writing style that has
35
four outstanding characteristics: (1) wordy, (2) unclear, (3) pompous, (4) and dull.
(1998, p. 3)
Legal language may be classified into different genres according to their

communicative purposes and levels of formality attached. More formal legal texts also are
more authoritative. Constitution is an example of too formally structured and highly
authoritative legal genre. Other instances of authoritative legal texts may include documents
like contracts, deeds, orders/judgments/decrees, pleadings, statutes and wills, each of which
has its own stereotypical format usually containing legal speech acts to perform its intended
function. Though similar in their general construction, the details of the structure may vary
considerably (Tiersma, 1999).
Understanding the evolution of legal texts lends insights to the analysis of legal genre/s.
Most common and earliest legal texts belong to Common law. Since the Common law used in
most of the English speaking countries, and the ones which were British colonies once, can
historically be traced back to England, it is important to see how legal genre evolved there. The
samples of early legal documents, available in recorded form, belong to the texts of wills and
grants. These texts are also considered authoritative legal texts. Tiersma (1999) maintains that
the wills and grants during the Anglo-Saxon period were oral practices, of evidentiary nature,
and were performed in the presence of witness, and “accompanied by some kind of ritual, such
as symbolic clod of dirt to the purchaser or the recipient” (p. 79). The literate clergymen, after
the conversion of England to Christianity, started keeping the written records of the wills and
grants for the sake of memory and future references, however, these documents were also
evidentiary in nature, until late Anglo-Saxon period, and were written in past tense using verbs
in third person. However, later over a course of time, the evidentiary nature of the documents
gradually changed to the Constitution of the legality of the same. Recognition of the written
text as reliable source of evidence may also be linked with the increase in literacy rate. Later,
the English Statute of Wills, of 1540, made it compulsory for the wills regarding transfer of
property to be evidenced through writing, finally raising the status of the written text from a
mere evidence to the transaction itself. A similar transition took place regarding deeds.
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Contracts usually take place on a continuum, varying from completely verbal to completely
written, mostly complementary mix of the both (Tiersma, 1999).
Similarly, the origin of the public legal texts, may be traced back to the literate
clergymen and the royal orders to record current and previous laws. These legislative texts
were less authoritative and more evidentiary in characteristic. Until the invention of printing,
it did not share the uniformity of structure and format, and rather varied from the testator /
writer to testator/writer leading to equally varying interpretation. During the same era, judicial
pronouncements started getting documented as learning reference for law students.
The medieval courts had no authentic texts available to them, and argument in court
rarely turned on the precise wording of a statute (Baker, 1990). The fifteenth century saw
change in the written public texts, especially statutes, in terms of importance as well as
construction. The deliberate adoption of specific proposal got embodied in specific texts
(Plucknett, 1944). We may say that the genre of the legal public texts started getting engineered
by deliberate changes both in use of tense, verbs and vocabulary and use of such documents
making it more authoritative. This authority was also linked with the authority of the writer.
The changing nature of the documents from evidentiary to authoritative also changed the nature
of interpretation from varied to uniform. The judicial decisions, then, were more like
summaries of the arguments of lawyers and the decisions of the judges which were written by
law students and practitioners present in the courts (Tiersma, 1999). Statutory texts, lext scripta
(written law), became more authoritative than the judicial opinions, lex non scripta, which
might be oral. This historical evolution of legal language helps us infer that the literal or
nonliteral interpretation of a text is determined by its authoritativeness.
A Constitution also determines the language of statutes and court decisions and hence,
according to Lawson (1994), the linguistic expression of a Constitution, constitutional statutes
and judicial decisions are very similar to one another. In this connection, he sums up views of
different scholars on the method of judicial decision making under seven overlapping heads -
textual, historical, functional, doctrinal, prudential, equitable, and natural. Lawson believes
that the first three methods ae related to the construction or interpretation of written language
while the last method is related to the construction of the Constitution of nature which is
37
considered superior to the Constitutions of society and the government in the same order.
Regarding interpretation of a constitution, Lawson proposed 20 principles. Though he used the
Constitution of USA to talk about these principles, however, most of the rules may be applied
to interpret different Constitutions around the world and thus that of Pakistan too. Due to close
relevance to the study, these principles have been summarized below considering the paucity
of space and requirement of academic writing.
i. A Constitution is (usually) a written document.
ii. The original constitutive acts take precedence over the current
agreement or disagreement until amended as per already agreed upon
procedure.
iii. Provisions of a Constitution are not in logical contradiction.
iv. Each word in the Constitutional text is to be used and interpreted having
some effect.
v. Constitutional rights come with some powers.
vi. A Constitution aims at defining functionality of a system in contrast with

delegation of powers.
vii. Functional role of the Constitution is to be understood and not the

private intentions of the framers.
viii. Powers need to be interpreted with references to rights.
ix. No authority may be exercised without accountability- the delegated

powers cannot be sub delegated.
x. The delegated powers to regulate do not mean to adopt prohibited

modalities.
xi. The delegated powers need to be used in a specific direction and not to
be used to do just anything for the desired outcome.
38
xii. Only Judicial, and not Legislative and executive processes, can deprive
a citizen of their rights.
xiii. Forums for any petitions should remain open for complainants.
xiv. It is desirable to refer to authentic and reliable sources of information in

order to reach original meanings of the Constitution.
xv. Early Constitutional practices may be sought guidance from however,

may not be binding due to later practical concerns.
xvi. Good understanding of law requires the recipients to understand the

mental models of the law framers.
xvii. Some words used in the law or Constitution require broad understanding
related to the ways expressions are made.
Some of the above summarized rules will be referred to in sub sections of chapters 4 &
5 of the study. Lawson’s (1994) proposed principles 6 and 14 are not found directly linked to
the Constitution under study. The principle 9 maintains that ratification debates may be taken
as evidence of true understanding of the Constitutional meanings. The principle may be applied
to any Constitutional analysis if the expression ratification debates is replaced with any kind of
discourse aimed to ratify the Constitution or Bill.
2.9 Characteristics of Legal English
Characterized with complex syntax, semantics and lexicon, legal English has continued
to pose challenges for interpreters, translators and scholars from a host of interdisciplinary
fields. Some legal experts and authorities have even argued against making the law subservient
to grammar (Gbenga, 1985). Moreover, according to Gledhill (2000a and 2000b), every text-
type has a particular configuration of grammatical items.
Further in grammar, the use of modal auxiliaries has drawn interest of many scholars
and has found way in a variety of disciplinary and organizational studies. Lyons (1968)
observed that there is a form of affinity in mood between imperative sentences and the
modalities of wish or necessity, on the one hand, and between interrogative sentences and the
modality of possibility on the other. This observation hints towards issues related to
39
interpretation of legal expressions which in fact would be commands but might have been
interpreted as wishes, due to the use of certain auxiliary verbs. Because of significant role
played by modalities in the coding and decoding of the Constitutional text, it is helpful to have
a look at the types of modalities, epistemic and deontic, as identified by Palmer (1981, 1986
and 1990). Epistemic modals indicate the speaker’s attitude towards the probability of what is
expressed in his utterance, while deontic modals indicate the speaker’s attitude to the addressee
or to himself in terms of what is permitted or what is ordered. While epistemic modals indicate
the speaker’s level of commitment to what is said, the deontic modals mainly contain directives
and commissives. In the same vein, Halliday (1985) divides modals under two major categories
as is shown in Figure 2.7.
Figure 2.7 Categories of Modals
If a comparison between the classification of modals by Palmer and Halliday (….) is

drawn, the latter’s modalization and modulation are what Palmer describes as epistemic and
deontic modals respectively. Modulation auxiliaries indicate certain actions to be performed
by the citizens as obligation. Building upon Haliday’s observation that some modal auxiliary
verbs like can, could, may, might, shall, should, would, will, would, and so on have overlapping
functions and uses, Gbenga (1985) tries to make their use explicit for Constitutional
interpretations to avoid ambiguities. The above linguistic stances may be summed up by saying
that modality has to do with the stance the speaker adopts toward some situation expressed in
an utterance as compared to tense and aspect which are to do with the time of the event and
nature of the even respectively.
Interestingly, modality can be expressed through certain adjectives and their

counterpart nouns and some lexical verbs too, however, this study focuses on modal auxiliary
verbs only due to their strikingly frequent use in the text of the Constitution.
40
Legal texts may be compared to religious texts (Tiersma, 1999) in terms of rigidity of
expression and interpretation. The comparison may also be drawn on the continuum of
authority. In religious texts God is the speaker while the Constitution come from the mouth of
the state. Due to its complex nature, at different points in time and at different place, various
movements had been run to simplify legal language. This plain legal language, according to
Stephens (1990), can be understood at first reading by clients, lawyers and judges; it is legally
binding but it is also logically organized, concise and unambiguous. He further characterizes it
as having normal or standard grammar, punctuation and capitalization, with a focus on the
reader's level of knowledge and state of mind.
It is relevant to differentiate between legislation and Constitutional law at this point.

The word legislation is derived from the Latin legis latio and is defined in the Oxford
dictionaries as the process of making laws. The latter however, is stated to be body of
fundamental principles or establishes precedents according to which a State or any other
organization is acknowledged or governed. Constitution of a country deals with the laws as
well as principles to determine rights and obligations of the relevant recipients. As contracts
contain promises, and deeds and wills verbs, Constitutions contain directives. The Constitution
is both- the most fundamental and supreme law of a country. A Constitution is difficult to
amend and has to route through complex procedure to bring about changes and get those
rectified. A legislation, however, may be amended any time by the concerned government.
Laws are made in harmony with the Constitution. Any law clashing with the Constitution is
nullified by the courts.
Speaking from genre stance, the genre of a Constitution is placed under legal genre. It
is supreme authoritative legal text for the respective state and community so much so that it
may be called written performatives.
2.10 Constitutions of States
A national Constitution is the strongest form of legislation which determines the

structure of government, division & use of power, and rights and obligations of the people. It
sets rules of the game, to use the words of North (1990) and is lynchpin of any political system
(Qureshi, 2016). Constitutional law or the Constitution defines the relationship between
executive, legislative and, judicial entities of the state. The Constitution of any country / state
enables its government to use legitimate power and control. Merriem Webster defines the word
41
Constitution as follows: “a) the basic principles and laws of a nation, state, or social
group that determine the powers and duties of the government and guarantee certain
rights to the people in it, b) a written instrument embodying the rules of a political or
social organization.”
Members from the elected Parliament are grouped as ‘Constituent Assembly’ and are
assigned the task to draft rules by which the public goods are utilized to meet the people’s
needs. A Constitution is usually formulated after several rounds of negotiations on a
longitudinal time span. A Constitution is constructed based on the political and social
ideologies of a nation and is believed to guide a country’s civic culture, its political structure,
and its government system. It establishes the notions about what the state is (its physical
existence, its borders, its neighbors, its alliances etc.), its people and their fundamental rights,
state's judiciary system, establishment of the institutions, distribution of functional powers,
limitation of powers, and the country's armed forces. It also details out the procedures for the
parliaments to legislate.
State laws are framed in accordance with the state Constitution and are altered or
nullified if some law is not in lines with the Constitution. However, changing some Section or
Article in the Constitution is purposefully made a complex task. Constitutions can be revised
and corrected through ordinances and amendments. Ordinances, are only temporary and are
issued in extraordinary circumstances until they get the status of Acts through proper
procedures. Amendments, however, become revised Constitutions. A Constitution itself lays
down the rules and conditions of its amendment too. The Constitutions of Pakistan also share
these generic features. The following section briefly summarizes the 1973 Constitution of
Pakistan.
2.11 1973 Constitution of Pakistan
Pakistan is located in South Asia, with the population of 207,774,520 with the Gross
Domestic Product of 283.7 billion USD (World Bank, 2016). Literacy rate in Pakistan is around
58%. Having remained part of the former British Colony for years, Pakistan gained
independence on 14th August, 1947. Independence of the subcontinent and its further division
into two states, Pakistan and India, on 14th and 15th August, 1947, respectively, owed largely
due to rival interests of ascending and descending world powers, USA and UK (Kizilbash,
1988). Pakistan got the legacy of the British Indian System of governance which had been
42
modified to transfer the powers to the Governments of India and Pakistan under the Indian
Independence Act 1947. Both, the newly liberated countries used the modified Government of
India Act 1935 as an interim Constitutional document till they developed their own. Though
India developed its own Constitution within less than three years of its establishment, Pakistan
went through a historical political turmoil resulting into its first Constitution around nine years
after the independence. Till now Pakistan has had three Constitutions i.e., 1956, 1962 and 1973
and two Martial Law periods.
Though history of Constitution making and drafting in Pakistan started from the time
of its independence, a major step was taken by the first Constituent Assembly which was also
functioning as federal legislature. The number of the members of the constituent committee,
created under the Indian Independence Act 1947 to perform the dual role of framing the
Constitution and acting as legislative assembly, increased from 69 to 74 after the accession of
the states of Bahawalpur, Khairpur, and Balochistan to Pakistan. The total number of Muslim
members was 61, all belonging to the Muslim League except the two members Abdul Ghaffar
Khan and Fazlul Haq who belonged to the Northwest Frontier Province and the A.K of East
Bengal in the same order. First meeting of the Constituent Assembly took place before
independence, on August 11, 1947 in Karachi under the presidency of Jinnah.
After Jinnah’s death on September 11, 1948, Maulvi Tamizuddin of East Bengal
became the President of the Constitution Assembly. Ghulam Muhammad became its governor-
general, while Liaquat Ali Khan stayed on as Prime minister. According to Callard, “although
the assembly failed in carrying out its first mandate, it functioned effectively as a legislative
assembly until it was dissolved in 1954 (1957, p. 77).”
Assembly had adopted the Objectives Resolution of 1949 to formulate its Sections and
Articles. However, the effort was voted against as all the proposal by the denominative
communities to make amendments in the resolution were rejected. The Basic Principles
Committee drafted the first republican Constitution of Pakistan in 1949 which took years before
getting enforced on Pakistan Day in 1956, nine years after the promulgation of the Constitution
in India. The first Constitution changed the status of Pakistan from federal dominion to Islamic
republic of Pakistan and the office of Governor General was replaced with that of the President.
The first Constitution of Pakistan was formulated during the time frame of Prime Minister
Muhammad Ali and was promulgated on 23rd March, 1956 and unfortunately got suspended in
1958. The next Constitution as drafted by the appointed Constitution Commission and
43
presented by Chief Justice Shahbuddin was hugely altered by the General in power and was
made operational in 1962. Political and geographical changes in Pakistan caused the making
of the third Constitution, also called the 1973 Constitution, of Pakistan.
The 1973 Constitution establishes the bicameral parliament, and parliamentary form of
government, along with focusing on commerce, finances, loans and political power dynamics.
The Constitution is seen as a comprehensive compromise between political parties, in power
and in opposition, both. The 1973 Constitution of Pakistan, like all other Constitutions of the
countries around the world, embodies legitimate power to be exercised by the will of the people
of Pakistan. The government of Pakistan works on the principles of division of powers, and is
comprised of three coequal branches: legislative, executive and judiciary. The term legislature
is inherited from UK. The legislative branch debates and establishes public policy, it takes
measures to make the policy functional and reviews it after putting into practice. Legislators
are expected to expertly handle issues related to the state budget, constituent tasks, public
agencies and state programs. Also Pakistan’s judicial system and its procedures resemble that
of Anglo-Saxon countries.
The major strength of the Constitution is its connection with the Objectives Resolution
which was passed by the Constituent Assembly in March 1949. Like the Constitutions of 1956
and 1962, Resolution continued to remain part of the 1973 Constitution too. Later, Revival of
the Constitution Order of 1985, made the Objective Resolution a substantive part of the 1973
Constitution under eighth amendment by inserting the Article 2A.
Some politicians believe that the reasonable suggestions, out of the proposed ones, at
the time of the formulation of the Constitution should have had been accommodated for the
greater national interest. The resolution requires the Constitution of Pakistan to be modeled on
Islamic ideology and democratic faith. Pakistan is a federation and parliamentary democratic
republic, established by the Constitution and is constitutionally called the Islamic Republic of
Pakistan.
It seems pertinent to briefly describe the structure of the government of Pakistan. The
Figure 2.8 below explains the hierarchical structure of the government.
44
Figure 2.8 Hierarchical structure of the Government of Pakistan
The Figure 2.8 shows the tall structure of the Government as an institution. The layers
of hierarchies add to the procedural scrutiny of an issue, however, the flow of communication
upwards and downwards the hierarchical tiers takes tremendous amount of time.
The Executive, legislative and Judicial branches form up the government. The
Constitution vests all powers in the Parliament, the Prime minister, and the Supreme Court.
45
The parliament represents the legislative branch of the government. It is bicameral and is
composed of National Assembly (lower house), comprising 342 members, and Senate (upper
house) comprising 104 members. All cabinet officers and Prime Minister must be members of
the Parliament and are also accountable to it.
The executive branch administers the state bureaucracy. It has complete authority and
responsibility to run state affairs. It works on the principle of separation of powers. The
President is a ceremonial figurehead while the Prime Minister is the chief executive of the
executive branch and is the executive head of the government to run the Federation. Prime
Minister is supported by Federal Ministers and the cabinet which may have 11% of the total
strength of the parliament. However, he may act directly or through these ministers to perform
his Constitutional function. The judiciary has Supreme Court on the top and has other courts
also called inferior courts under it i.e., High courts of four provinces, district courts, anti-
terrorism courts, Sharia courts and green courts. Another type of courts, Military Courts, was
established through a Presidential Constitution Order in 1979.
2.12 Constitutions and Education Policies
Though strongly linked together, the two documents have rarely been analyzed with
reference to each other except references to the Principles of Policy. The profound level of
interdependence and complexity is quite subtle and often ignored. Reilly (2015) underpins this
relation between Constitution and Education by stating that Constitutions create the necessity
for public education to prepare the citizenry to play the expected role.
State Constitutions and National Education Policies (NEPs) also share interdependence.
The Constitution shapes a national education policy and the NEPs are responsible for bringing
development in the societal atmosphere and economy, both, as envisioned by the constitution.
The quality of education may even be determinant of constitutional developments in the long
run. The interdependence between the two documents may be visible through elements of
interdiscursivity and shared ideologies.
While talking about ideologies presented in the Constitution, it is also pertinent to

briefly state the tug of war in shaping the Constitution of Pakistan. From ‘ideological’
establishment of the state to the subsequent efforts to define and redefine, interpret and
reinterpret the ‘original’ ideology, the whole journey of Constitutional changes cannot be
46
summed up in this section of the study nor is it in the scope of the study, however, it will be
referred to if required to support the analysis.
2.13 National Education Policies and Global Phenomena
The process of making an education policy is viewed by many analysts as the politics
of discourse (Yeatman 1990) and struggle “between contenders of competing objectives, where
discourse is used tactically (Fulcher 1989, p. 7).” Some of the great works on education policy
come from Fairclough (1993) and Australian discourse analysts Falk (1994), Luke (1997a,
1999) Thomas (2002), Ball (1990), Yeatman (1990), Taylor (1991), Taylor, Rizvi, Lingard &
Henry (1997).
National Education Policies (NEPs) institutionalize individual and collective

identifications, or simply put, the major objective of an education policy is to institutionalize
identifications or identities. The notion of institutionalization is explained by Jenkins (2004)
by defining institution as a pattern of behavior in any particular setting that has become
established over time. He also emphasizes that individuals orient their behavior in terms of the
institution because institutions are sources and sites of identification for individuals” and
enable collective identifications to be institutionalized. Education policy of a country
institutionalizes national identities or identifications through educational institutions. An
education policy is instrumental to transfer the Constitutional ideologies for public
identifications and has to be aligned to the Constitution of that country.
In the current era, it is important to read any national education policy in the context of
global trends. Along with the state level educational policies, the concept of global education
policy is rapidly growing in sort of supra-state space with consensus on educational priorities
(Rizvi & Lingard, 2010).
The recent global trends in education and relevant exercises may be linked with the
goals and targets of Dakar Framework of Action, signed on April 28, 2000 by international
political and educational community at the World Education Forum in Dakar, Senegal. Total
164 countries, including Pakistan, signed the framework of action to achieve, out of collective
commitment, the Education for All (EFA) goals by 2015 with the help of some suggested
strategies and indicators (UNESCO, 2015). It is important to mention here that the World
Declaration had adopted the vision of EFA ten years earlier in Jomtien, Thailand.
47
It was decided in 2012 Global Education-for-all Meeting (GEM) to have an agreed upon
process of national and regional Education-For-All (EFA) reviews to inform the global
conference on Education-For-All in 2015. All UNESCO member States were urged to actively
participate in the process leading up to the global conference in 2015 to establish the post-2015
global education agenda. This step brought on surface each respective country’s National EFA
Review Reports, usually prepared with the collaboration between the country offices of
UNESCO and UNICEF and education ministries of these countries (UNESCO, 2015).
Globalization in education, along with other initiatives, also gave rise to the emergence
of global comparative indices like Education for All (EFA) and Minimum Development Goals
(MDGs) targets. Eight MDGs were agreed upon by the United Nations a few months after the
Dakar Framework. The second MDG advocated universal access to primary education.
In Pakistan, the authentic statistics on the indicators related to 6 EFA Goals were
prepared by The National Education Management Information System (NEMIS), Pakistan
Bureau of Statistics (PBS), the Labor Force Survey (LFS), and the National Institute of
Population Studies (NIPS). The Federal Ministry of Education, Trainings & Standards in
Higher Education, Government of Pakistan, in collaboration with country offices of UNESCO
and UNICEF prepared one national and 8 provincial/area reports (UNICEF, 2017).
The same global trend impacted forms, tools the scope of learning assessment of
students around the world. This has given rise to a universal interest in international tests like
Programme for International Student Assessment (PISA), Trends in International Mathematics
and Science Study (TIMSS), and PISA-based tests all over the world. Academic and
educational performance of countries is measured through these and other similar tests forcing
the governments to take measures to improve their bars on test results to be counted among the
competent countries or States. This measuring against each other is comparative as well as
competitive because resultantly, the governments find themselves under the pressure to reform
their respective education policies and practices to prove more competitive. This reputational
competition between countries leads to comparative education which is viewed by Antonio
Novoa and Yariv-Mashal (2003) as a way “to legitimize national policies on the basis of
international measures which result in the creation and re-creation of global signifiers based on
international competition and assessment”.
No matter what we call this phenomenon, policy transfer, policy borrowing, policy
learning, policy mobility or policy travel (Steiner-Khamsi, 2004), the impact of the
phenomenon is immense. For example the Bologna Declaration or as it later was called
48
Bologna Process, also known as the most extensive and successful example of policy transfer
in education, took place to transform the form, scope and nature of higher education
architectures across more than 46 European countries through ten action lines. To add to the
strength of the declaration, bi-annual Ministers meetings are arranged at international level to
advance the process through Bologna Follow Up Group (BFUG) and with the help of European
Commission to fund and enable the process. Dale and Robertson (2012) describe the role of
the Bologna Process in transfer of education policy using two approaches: first, an orthodox
policy transfer approach, and second, a critical policy movements approach. They believe that
from orthodox standpoint, education itself is at least implicitly seen to be too complex, too
nationally-culturally informed, too path dependent, too nationally controlled for it to be
vulnerable to globalization, except through the idea of convergence (Dale & Robertson, 2012).
Dale and Robertson (2012) forward orthodox and critical explanations of globalization and
education as is presented in the Figure 2.9 below:
Figure 2.9 Orthodox and Critical Explanations of Globalization and

Education. (Dale & Robertson, 2012, p.6).
However, contrary to the concept of policy transfer, Knill favors the concept of policy
convergence which describes the end result of a process of policy change over time towards
some common point, regardless of the causal process (2005). On surface, the idea of policy
49
convergence appears appealing in the current world scenario, yet at deeper level it is difficult
to decide what is converging. Hay wonders if it is input, output, policy or practice, and over
what period with what consequences (2000). Its sectorial, cultural, institutional etc. integrity at
a national level, and its ties to national purposes, make a policy a difficult proposition for
globalization.
To meet the objectives, it is inevitable for the agreeing countries to bring about
circumstances leading to the achievement of objectives. One such step is modification of
current education policy to model on the ones which have already started showing
achievements in this regard or have the potential to do so. The “distinctively conspicuous
category of boundary-crossing practice, the occurrence of which is (implicitly or explicitly)
traced to superior performance in exporting jurisdictions”, in form of success stories, and thus
is made the object of emulation and learning’ (Peck & Theodore, 2010, p.169).
No matter what perspective or approach is adopted to view Blogna Process as policy

transfer in field of education, its impact across the space and scale is undeniable. Other
alternatives to describe the phenomenon include “problem solving approach” (Cox, 1996,
p.87), and policy diffusion (Strang & Meyer, 1993) to analyze education in a globalizing world.
As for the Bologna Process, it may be seen as operating through a form of soft law,
offering to its members, the reasons and resources that will enable them to generate change in
individually distinct but collectively mutually attuned ways (Pawson 2002). Dale points out
that global changes created opportunity structures for intervention in national education policy
making, and especially in national HE policies in Europe, but such interventions had not been
so fully articulated, nor their consequences fully taken into account in the understanding of
Bologna (2007). In this regard, knowing the logic of intervention is necessary and also that the
logic later becomes the means of intervention.
It is common to link educational improvement with national progress or societal

improvement. The link however, is not as straight forward in global scenario. Dale and
Robertson opine that such link is rather mediated and shaped through particular logics of
intervention, which frame and specify in what ways and through what mechanisms education
may be delivered to bring about the desired improvements (2012). To explain the phenomenon,
they give example of curriculum change to bring about educational and wider social change
i.e., change what you teach and you will change the learner. The question then arises that
50
through what logics of intervention does globalization of education work, how does it
contribute to forms of educational provision that are always justified in terms of the
improvements they will bring about (Dale & Robertson, 2012). The answer is that,
Globalization, a slippery and expansive term (Rupert, 2005), does not imply the inclusion of
the term as a topic onto the educational research agenda, but rather attempts to revise certain
theoretical postulations, models of analysis and research methodologies (Green, 2003). Dale
and Robertson share their concerns over the changing topology, geography and geology when
the education policies cross borders. Established and emerging political and organizational
connections bring about increased acceptance level for imported policies and practices.
This phenomenon has also led to the borrowing of educational practices which have
proved successful in one or more contexts and to the making of local education policies. Policy
borrowing has been viewed differently by various educationists around the world. The concept
is not new and has been referred to as policy diffusion, policy transfer (Stone, 2004), policy
travelling, boundary crossing practice (Peck et al, 2010), isomorphism and convergence,
previously. Also the comments and concerns range from those regarding the body of the text
of the policy to its relevance to the impact of these borrowings.
Organizations like UNESCO are in a position to exert tremendous influence on member

States and to bring about eventual change in their state and education policies. The educational
reforms emerge in the developed countries and are lent to developing countries in a centre to
periphery relationship (Altbach, 2008). However, due to digital sharing of information and
patterns of communication, this center to periphery relationship has changed to self-initiated
efforts to connect the nods on part of the borrower states, or well thought upon target countries
as selected by the lender countries. Information and communication technologies allow the
intensification of the international circulation of policy ideas (Peck et al. 2010). Whatever the
case may be, borrowing the policy to reach a certain academic and professional qualification
at global stage raises questions regarding the relevance of the borrowed policies with the
indigenous environment of the borrower country. For example, it is not very easy to justify that
how different economic, social, political, ethnic, historic, cultural societal settings can be
addressed with the same formula policies. The re-contextualization and co-contextualization
of the policies in global scenario may be considered a necessity and understanding the complex
relationship between these policies becomes a major task (Ball,1990).
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Among the considerable amount of works on Global education Policy, the work by
Verger, Novelli and Altinyelken (2012) stands out as they discuss and analyze the reasons,
agents and factors behind the globalization of educational policy and, offer a reflection on the
structures, processes and events through which a global education policy landscape is being
constituted. They assert that similar education reforms and jargon such as child-centered
pedagogies, school-based management, teachers’ accountability, public-private partnerships or
conditional-cash transfer schemes are being discussed and implemented everywhere, to the
point that they have acquired the status of Global Education Policies (GEP).
The emerging trend of global education policy draws attention to the international
organizations, funders, international and state political actors who shape the policies and the
procedures which function as tools in shaping and reshaping the policies. Indeed, the
requirement for finance, expertise and infrastructure leads the underdeveloped countries into a
dependent role. The impact of globalization on the education policy of Pakistan is quite evident.
According to Rehman and Sewani, the global trends in education policies favour “the role of
knowledge for the service of the economy, emphasizes competition, measurement and
standardization and promotes the governance of education through decentralized and privatized
structures” (2013, p.250).
An overwhelming global impact is exercised through various sorts of donors. For

example, to achieve EFA goals, the conveners of the Dakar Forum, i.e., UNESCO, UNFPA,
UNDP, UNICEF and World Bank, were to coordinate with the 164 governments who pledged
to achieve EFA goals by 2015. UNESCO being the lead body concentrates on policy dialogue,
monitoring, advocacy, mobilization of funding, and capacity development. As a result, it is
able to exert influence on the same five areas directly and all other sub-areas indirectly. The
major donors usually establish various mechanisms.
External actors have a great capacity, both material and ideational, to set agendas and
country’s priorities in low income contexts. Resultantly, their policy landscapes are much more
penetrated into poor countries than into countries in more industrialized societies. Furthermore,
according to Greek et al. (2009), from the point of view of policy transfer, developing states
are the object of a more intense flow of external pressures, and they depend on hindered
capacities to mediate supranational policy pressures.
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The factor of globalization due to tremendous external influx of ideas, objectives and
definition of problems plays an undeniable role in policy making. Policy can be generated
through bottom up or top down approach and through different processes which include
“systematic mode, incremental mode, ad hoc mode and importation mode” (Shami, 2015,
p. 171).
2.14 Education Systems and Policies in Pakistan
The debate on education policies is incomplete without referring to the education

systems in Pakistan. The country has graded system of education. The following levels of
education determine stage wise progression in education:
a) Primary education
b) Middle education/ elementary education/ lower secondary education
c) Secondary education
d) Higher secondary education
e) Higher education
These educational stages result into the establishment of the following corresponding
institutions:
a). Primary schools
b). Middle schools/ elementary schools
c). High schools
d). Higher secondary schools
e). Colleges
f). Universities
It is interesting to note that the graded education system was first introduced in the
subcontinent in 1854 through Wood’s dispatch. To place the policy in real context, it is
indispensable to view a crisp profile of the immediate predecessor policy i.e., NEP 1998-2010.
The National Education Policy (1998-2010) had resolved to a) increase enrolment and enhance
53
education budget, b) formally recognize and integrate Katchi classes (pre-schooling), c)

address the issue of out-of-school children (OOSCs), d) hold literacy and functional literacy
programs for adult illiterates, e) remove urban-rural and gender imbalances in education sector,
and f) encourage private sector participation and effective community involvement.
The education policies, sector plans and reforms that have been carried out so far in
Pakistan are as follows:
a). Pakistan Education Conference- 1947
b). National Education Plan – 1951
c). The Report of the Commission on National Education -1959
d). The Report of National Commission on students Problems – 1966
e). Recommendations for Education Policy -1969
f). New Education Policy – 1970
g). New education Policy – 1972-80
h). National Education Policy – 1979
i). National Education Policy – 1992-2002
j). National Education Policy – 1998-2010
k). Education sector Reforms-2001
l). National Education Policy – 2009
It is pertinent to consider education policies with references to two phases: the

formulation, and implementation. The Government of Pakistan, like other Constitutional
democracies in the world, is supposed to formulate policies about the kind and mode of State
services. An NEP is made and its implementation strategy is developed at the federal level.
Policy formation in Pakistan is done through top down approach in which the
government decides the mandate and guides the whole process of authoring or making the
policy till the end. The Government gathers opinions “either directly by holding conferences,
or indirectly through commissioning experts in the field (Shami, 2015, p. 173).” In the first
54
instance, two or three day conferences are held and educationists, policy makers, researchers,
practitioners, researchers gather on one platform to discuss different aspects and shortcomings
of the previous policy and suggest changes or up gradation accordingly. These suggestions are
later thematically jot down in form of a coherent sections or chapters and a green paper is
shared with the stakeholders to obtain their comments. The refined document gets further
processed by the ministry of education and a draft policy i.e., white paper is drafted. A white
paper is also called a statement of intent which is made public for a wider range of opinion and
to make some midcourse amendments before the policy is finalized and forms basis of
legislation. In the second instance, however, experts are commissioned and provided the terms
of reference to further gather data or information through diversified methods to draft the
policy. However, in both instances, chances are that the gathered data is “filtered by agents of
the government, making sure that nothing that is unacceptable finds its way into the policy
(Shami, 2015, p. 176).” The commission is usually given Terms of References (ToRs) by the
political party in power.
After the formulation of the policies, their implementation strategy, costs and duration
are reflected in medium term plans. Medium term plans do not always coincide with the time
frame of the policies. In an effort to bring the policy and the medium term plans at
corresponding scale some policy recommendations are either dropped or estimated costs
significantly changed. Siddiqui (2016), analyzing sociopolitical context of education policies,
ideology and implementation attributes challenges to the weak political system of the country
along with other factors. Implementation of the policies has remained effected by a number of
factors including, less funds, difference between federal and provincial priorities, political
disturbance and inclination, public/ student reaction, and under developed human resources.
These hurdles clearly show that a policy document itself lacks in power which results into its
inability to sustain these and similar pressures. Shami maintains that “if there are some
midcourse policy decisions or deviations during implementation phase, these changes are not
necessarily made part of the main policy document (2015, p. 81).” Some of the problems, as
identified by him, faced during the implementation phase are listed below:
 Less budget
 Political influence/ disturbance
 Shortage of resources
55
 Less qualified teachers
 Public resistance
 Lack of public support (resulting from delayed provision of information to

public)
In implementation phase of NEPs, insufficiency of budget and improper utilization of

budget have remained major points of debate. Though policies are made at federal level,
provinces are responsible for the implementation. Budget allocated to education policies is too
less than what is needed to cater to the attainment of all the policy objectives. Interestingly, the
money spent in actuating the policy is even lesser than the allocated finance.
Usually, the actual funds allocated to education at provincial level differ from initial
understanding and planning. To further aggravate the monetary issue, 60% of the total budget
allocated to education is merged with other funds at the provincial level and is utilized to
address the shortage of funds in other areas. For that reason, the allocated money turns into
compensatory kitty money only. To add to the complication, the provinces further allocate the
funds to districts which in turn make some adjustments and reset priorities to spend the
allocated money. Usually in resetting the priorities education gets pushed down on the list.
1972-78 was the only time during which the allocated budget money was actually spent
due to its coinciding with the non-plan or rolling plan period. However, during this time frame,
“funds allocated for primary education were partially transferred to higher education (Shami,
2015, 178).”
Throughout the policies, primary education has been bearing the brunt of shortage of
funds, resulting in low quality education at this level. The same factor also resulted in the poor
quality of graduates in terms of all rounded grooming and higher order thinking capacity.
According to Shami (2015), one main reason to retain 40% of the total budget at the federal
level to be spent on Higher education was to give autonomy to the provinces to spend more on
primary education.
An in depth analysis of the education policies of Pakistan reveals that any mid-course
changes to be made to the policy do not require any formal exercise. Sometimes, such
modifications, deletion or addition, are approved by the President directly and making some
additional formal change in the main body of Education Policy is not deemed necessary.
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Frequent change of policy not only has financial implications, it also lends non-stability to even
the right measures taken in right direction. In 1979, the Arabic language was made compulsory
in lower secondary classes, along with three other languages, and the policy was not revised to
acknowledge and document the changes. Another example of policy modification took place
in 1972 when Agro-technical component was added to the curricula of classes VI-VIII and the
same decision was documented in the education policy. However, this decision was
disregarded due to shortage of resources, skilled teachers and technical workshops. Instead of
undergoing a whole process to drop this component, a quick decision was made and the pre-
vocational plans could never mature up. These examples of policy modification cause
restlessness among the sincere stake holders of the National Education Policy.
Another phenomenon related to policy is policy deviation. Educational history of

Pakistan has numerous examples to offer on this account. A glaring policy deviation is related
to the use of language of the medium of instruction. Urdu, or an approved provincial language
was decided to be used as medium of instruction in education policy of 1979. The private
schools not only flouted this decision, but also pressurized the concerned authorities to pass an
administrative order to make English compulsory in all schools across the country. This
decision made education a more challenging task in rural areas due to the non-availability of
language proficient and trained teachers in these areas. This order rather widened the gap
between the standards and outcomes in rural and urban areas.
A trend of giving micro level details has also been noticed in education policies since
1972, as compared to the earlier ones which only provided broad guidelines. The micro level
instructions are provided for easy, better and more efficient implementation of the policies. But
a major drawback of such tightly prepared policies is a lack in flexibility and non-provision of
any space for innovation. However, since 18th amendment, the policy has not been ramped up.
A brief overview of the NEP (2009) follows in the next section.
2.15 National Education Policy (2009) of Pakistan
Unlike previous policies, NEP of 2009 works at macro level spectrum. The NEP (2009),
thoughtfully does not fix time bound targets and leaves the implementation to the provincial
governments. The policy (NEP 2009) document identifies policy actions in pursuit of two
overarching objectives: (i) widening access to education, and (ii) improving quality of
education. Shami believes that the NEP (2009) was an attempt to provide the nation with a core
57
document which could be referred to time and again by all and which would be flexible enough
to embrace any changes later.
The NEP (2009) works as a pivotal document which may guide the provincial
governments after the 18th amendment to develop their respective education plans. The
amendment vests the responsibility of education into the provincial governments. Many believe
that though provincial policies may provide pragmatic solution to the contextual needs and
issues, a national policy must be in place for cohesion at national level. Centrality of a national
level policy is its strength and serves as a beacon of light to other policies.
2.16 Constitution, Education Policy and Ideology: An Interface
Constitutions and policies are examples of power discourse at state or national level. A
Constitution is a reference document for all the policies of a state. As Ideology refers to a
system of political ideas and as law may be considered legal expression of political ideology
(Stanford Encyclopedia of Philosophy, 2014), so, ideology, law and politics make an intricately
connected triangle. This connection, however, may happen on a continuum with complicated
variants of the three components. Analysis of the text of the Constitution cannot complete
without referring to law in general. Naturalist views on law agree that what the law is must be
determined by what the law ought to be (Dworkin, 1965). Positivists, in contrast to
naturalists, believe that the law is determined by the internal institutional facts regarding
the legal system. They believe that law does not necessarily have to conform to some moral
criteria and that law must be obeyed, however, much it falls short of moral ideals (Hobbes
& Austin in Dyzenhaus, 2013). Positivists argue that what the law is and what the law ought
to be are two separate questions and must be kept apart. This section of the literature review
is genuinely intertwined with the previous section that mentioned Marxist views on
ideology. Marxist stance on the relationship between ideology and law is that law emerges
from the practices of society, though the practices are extra-legal. These extra-legal
practices are political, economic and social, distinct or combined. It is obvious to see that
stress on social forces as the determining factor is a common thread connecting the
positivist and Marxist views. The same connection is obvious in the Marxist Althusser’s
(1988) notion that political reality can be better described with reference to structures or
ideological state apparatuses. A major proportion of the works on genre, discourse and
58
ideology (Bhatia, 2002; Devitt, 2004; Dijk, 2001; Huckin, 2002; Wodak & Fairclough, 1997)
is influenced by the works of Gramsci (1971), Laclau & Mouffe (1985), and Fairclough (1992).
The above different stances about law help the analysis to take more informed view of
the under-analysis Constitution. Laws of a country in their supreme form get manifested into
Constitution which determines the legislature, judiciary and executive functions of a country.
Public policies are the result of the interaction between Constitution (law), politics and
ideology Chapters 4 and 5 analyze this triangle in detail with reference to genre of the
Constitution of Pakistan and the ideological construct of National Education Policy (2009) of
Pakistan using the framework of Critical Genre Analysis as proposed by Bhatia (2004).
A policy has to use the principles and procedures laid down in the Constitution to
achieve the objectives set by a government / ministry. Policies at the levels of regions,
provinces, divisions, and areas are not only directed by the national Constitution but they also
ensure actions to achieve the policy objectives. The framing of objectives may be very neutral
and innocent, or may be determined by political inclinations and interests. As Bacchi (2000)
notes, it is not clear how ‘problems’ get framed within policy proposals, how the frames will
affect what can be thought about and how this affects possibilities for action’ (p. 50). Policy
discourses construct the policy topic and appear across a range of text forms and practices at a
number of different sites at any one time (Ball, 1990). A policy is not law but it has to closely
remain aligned to the laws of the country. However, it can identify the possibilities of creating
new laws to facilitate the policies in outcome based implementation. The Constitution of a
country is the root of laws and policies of that country, and gets institutionalized through laws
and various federal and national policies at different levels. The National Education Policy of
any country is supposed to be true embodiment of Constitutional philosophies and ideologies.
In the formulation of policies, where different stake holders are involved, there also
exist pressure groups who usually support a stance which either needs to be included in the
policy or needs to be removed from the policy. These pressure groups are usually very
influential and exercise their influence in well-organized manner. These pressure groups also
form alliances to increase pressure to get their view point across. They are either politically
supported by a specific party, or work for some financial donors. The pressure groups strongly
voice their opinions at conferences and meetings. Another favorite tool used by them is media.
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Ideology has established links with law and political science. According to Stanford
Encyclopedia of Philosophy (2014), ‘If law is a system of enforceable rules governing social
relations and legislated by a political system, it might seem obvious that law is connected to
ideology’.
CHAPTER 3
RESEARCH METHODOLOGY
This chapter mainly presents the research design, philosophical underpinnings and
theoretical framework of the study. The researcher, in the words of Denzin & Lincoln,
“approaches the world with a set of ideas, a framework (theory, ontology) that specifies a set
of questions (epistemology) that he or she then examines in specific ways (methodology,
analysis)” (2008, p. 28).
Selection of a research paradigm helps a research to be clear about its ontology,

epistemology, methodology, and axiology (Guba, 1990; Patel, 2015). Four main research
paradigms to any research may be described as the Empiricism/ Positivism, Constructivism /
Interpretivist, Pragmatism, and Critical. The empiricists, also called positivists, focus on
statistical reasoning. This approach takes place on one end of the continuum opposite to the
Constructivism or Interpretivist which is placed on the other end of the continuum. The latter
approach enquires subjective truth to comprehend world views (Garfinkel, 1967). Perched on
the middle of the continuum is the third approach, Pragmatism, which focuses on identifying
what works with regard to their research questions under investigations’ (Tashakkori &
Teddlie, 2003). Critical paradigm, in comparison, focuses on socially constructed realities
influenced by power relations (Guba, 2005).
The work is neither a criticism, nor an appreciation, nor a judgment: it is a linguistic

study exploring the connections between ideologies and language in two important national
documents, manifested through linguistic choices. The research, through CGA, is an attempt
to find out ways and means used by a State to secure its unique identity and ideology through
its Constitution, and to disseminate and preserve the Constitutional ideologies through an
important policy document, respectively. The mixed methodology has been used to critically
analyze genre of the Constitution of Pakistan (1973) and to find the reflection of the
constitutional
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ideologies in the National Education Policy of Pakistan (2009) through linguistic choices. The
research questions bring to spotlight the mechanisms used by a genre community to achieve
non-discursive purposes. Considering the nature of the research questions of the study, I found
interpretivist and critical paradigms as suitable options to be used in combination. The same
paradigms have determined the data collection and data analysis methods and techniques used
in the study.
3.1 Theoretical Framework

The theoretical framework chosen for the study is in harmony with the Interpretivist
and Critical research paradigms. The framework of CGA as proposed by Bhatia in 2004 has
gone through various developmental stages and has developed into an eclectic approach. The
framework helps in determining what, when and how changes happen in “professional
discursive practices” taking into account a more critical view towards “demystifying” (Bhatia,
2017, p.23) the professional world. The framework of CGA, as revised in 2015 and 2017
includes three main elements (Bhatia, 2017, p. 12):
1) Multi-perspective & Multidimensional analysis

2) Criticality
3) Interdiscursivity
I summed up the features of the CGA framework used in this study, in form of a
hierarchical sketch as presented below.
Figure 3.1 Sketch of the CGA framework as used in this study.

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The CGA framework recommends a combination of approaches grounded in genre

studies, ethnography, ideology and heuristic enquiry, to ensure that a genre has been analyzed
from a variety of perspectives, along with the elements of interdiscursivity and criticality. To
see as much of the elephant as possible, Critical Genre Analysis has combined different genre
and discourse theories into a multi-dimensional and multi-perspective framework resulting into
a relatively open framework which allows bringing in relevant elements from other
frameworks.
An attempt to find ideological correlation between the Constitution of Pakistan (1973)

and the National Education Policy (2009), was a daunting task and required a framework which
would not be as rigid as the texts under analysis. Due to the nature of study, I selected CGA
framework to conduct multipronged analysis which looks into generic constructs as well as
ideological underpinnings. The Critical Genre Analysis requires to use a variety of methods,
including textual analyses, ethnographic techniques, cognitive procedures, computational rigor
and critical awareness (Bhatia, 2002) to be effective. It encourages the researchers to make
their own blend of relevant analytical methods to answer their research questions. Hence, the
study has chosen CGA framework for two reasons:
a) Its encompassing nature enables the researcher to do critical analyses of

complicatedly structured texts in its totality,
b) Its ability to combine ideological analysis with genre analysis.
The CGA framework is utilized in this interdisciplinary, multi layered, multipronged

study to have deeper understanding of the linguistic choices, the said, the unsaid, the ‘socially
recognized communicative purposes’, and the ‘private intentions incorporated by the writers’
(Bhatia, 2004) in the Constitution of 1973, and the linguistic reflection of constitutional
ideologies in the National Education Policy (2009) of Pakistan.
It is relevant to mention here that some of the questions Bhatia seeks to answer, in his
latest published work (2017, p. 10, 11) as reviewed in Chapter 2, have strong similarities to the
research questions of this study drafted three years before Bhatia published these questions
This similarity attests CGA (Bhatia, 2004) as the right choice to answer Research Questions of
this study.
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3.2 Research Data

The documents used to conduct the study are the Constitution of Pakistan (1973) and
the National Education Policy (2009). Examples and extracts used in the study for the purpose
of analysis are taken from the open access documents available on the official website of the
government of Pakistan.
3.3 Data Analysis Method
The layer by layer critical genre analysis of the two documents from textual, cognitive,
ethnographic, critical and ideological dimensions is an attempt to find concomitances and
differences between the genres of a Constitutional document and a policy document, so far an
un-attempted research area in Pakistan. The five research questions require in depth analysis
of the two national documents using different elements from the CGA framework. A
comprehensive account of the selected framework used for the study is given in the Second
chapter of the study. In this section a blueprint of how each question was attempted to be
answered, has been discussed.
Chapter 4 of the study presents a Critical Genre Analysis of the Constitution of Pakistan
to answer RQs 1-3. CGA in this chapter prepares ground for an informed analysis of
Constitutional ideologies in the National Education Policy (2009) of Pakistan to answer the
RQs 4 and 5. The following section elucidates how thee three elements have been used in this
study to answer its research questions.
3.3.1 Multi-Perspective Analysis of the Genre of the Constitution (1973).
Four aspects of language use cannot be ignored during a CGA. These aspects according
to Bhatia (2017) are textual & intertextual, generic conventions, professional practices, and
professional culture. Therefore, a constitutional or policy document may not be analyzed
without considering the professional practices to completely understand the document. The
detail of what areas need to be analyzed with the help of what tools have already been discussed
in the chapter on literature review. The multi-perspective element of CGA comprises four
stand points to look at a given genre and to analyze it. These stand points are termed as
‘perspectives’ and each perspective is suggested to look at certain aspects of the given genre.
These perspectives include the following: 1) Textual Perspective, 2) Ethnographic Perspective,
3) Socio-cognitive perspective, and 4) Socio-critical Perspective. The other two element of
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CGA comprise criticality and interdiscursivity. In what follows, I will discuss only those tools
and procedures regarding the elements and perspectives which have been utilized in this
research.
3.3.1.1 Textual Analysis of the Constitution (1973). The textual perspective of the
CGA framework was used to answer mainly Research Question 1 by analyzing linguistic
features of genre of the Constitution (1973) of Pakistan and observing its text-internal features.
As per the framework used in the study, analysis of the Constitution takes into consideration
the statistically significant features related to lexico-grammar, textual corpora, discourse,
rhetorical and cognitive structures, intertextuality or interdiscursivity, and generic conventions
and practices. The genre specific linguistic features of the Constitution (1973) were identified
using certain CGA procedures and tools recommended in the framework. These text internals
were studied in this research with the help of three of the recommended procedures:
i. Linguistic description and analysis

ii. Corpus-based analysis of ideas
iii. Analysis of cohesion and intertextuality
Level of complexity of analysis from textual perspective varies from quick and easy-
to-trick to complicated, based on the murkiness of the text under analysis. Both legal genre and
the national policy genre, analyzed in this study, are examples of the murky texts. I used a
combination of qualitative and quantitative methods of analysis. The quantitative approach was
used to statistically represent instances of language use.
To conduct textual analysis of large amounts of texts, technological advances have

come handy. Moreover, CGA framework (Bhatia, 2004, 2008, 2017) encourages the use of
corpus tools while working on textual perspective of a given genre. However, the framework
does not recommend a total reliance on the corpus, rather it should be used as one of the
techniques. Various programmes have been designed to identify and calculate specified lexico-
grammatical features of a given genre. Some of these programmes offer limited choices while
others come handy to explore more linguistic and discursive features. To benefit from the
available corpus tools, I initially used free corpus tools Wordsmith and Range, specifically
designed to study and analyze corpora of different types. However, I later settled on using
AntConc (3.4.4w) due to its better suitability for the objectives of study. The frequency of
ideologically significant linguistics instances, in the texts of the Constitution (1973) and NEP
65
(2009), were computed using AntConc (3.4.4w). I used the tool to study the instances related
to various aspects of the text and to generate lists of the most and least frequent words
distributed across the text of the Constitution and NEP. As AntConc does not
read .doc, .docx, .pdf files and works only with the appendix .text, I had to undertake cleaning
of the documents to process the text. I converted the .doc files into .text files. I removed the
titles of the documents and by-lines before carrying out the analysis with the help of the corpus
tool. The tool generated information was used to do analysis from different perspectives of
CGA.
The textual perspective was later combined with the socio cognitive and socio-critical
perspectives along with the elements of criticality and interdiscursivity to answer the Research
Questions 3, 4 and 5 respectively.
3.3.1.2 Ethnographic and Socio-cognitive Analysis of the Constitution (1973).

Though linguistic analyses had remained dependent on tedious calculations and
subjective interpretations of analysts, according to Sinclair (1991), Coulthard (1995), Hunston
and Francis (2000), Tucker (2006), and many other empirical linguists, no scientific statements
about the linguistic features of a text can be based on introspection or gut-feeling alone, but it
should rather be supported by the meticulous observation and comparison of contextualized
examples from a representative corpus of texts. Linguists have pointed out in different works
the importance of studying context to understand a text, discourse, or genre. Ethnographic
perspective from Bhatia’s framework of CGA encourages the study of the context of a genre
from ethnographic and socio-cognitive perspectives.
I combined these perspectives to conduct qualitative analysis to answer RQ 2 of the

study. “Neglect of social cognitions” has been identified as “one of the major theoretical
shortcomings of most work in critical linguistics” (van Dijk, 1997, p. 43). To relate genre
reception with the receivers’ cognition, Bhatia recommends probing into critical sites of
engagement or moments of interaction, physical circumstances and social structure influencing
the construction and development of the genre (2017). The analysis, regarding this question,
focused on knowing about the process through which the text of the Constitution was produced,
and the socio-political context in which the Constitution was authored.
Analysis of the constitutional genre from the perspective of social cognition was
necessary to have realistic understanding of how the genre is perceived by its receivers. This
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understanding would offer insights regarding the RQ 1 and 2. In this regard, accounts of users
and expert practitioners, as suggested by the framework, were gathered through interviews and
questionnaire surveys to analyze the ethnographic and socio-cognitive perspectives of the
Constitutional genre. 42 students, teachers and government officers, from 20 cities, were
involved in obtaining user accounts through a small survey. The questionnaire used for the
small survey comprised questions related to the textual perspective and socio-cognitive
perspective of the genre. The questions were asked to know about audience reception and their
reading and interpretive behavior (Bhatia, 2017). Findings of the survey not only yielded
information regarding the audience reception, but also verified the findings from textual
analysis. It is important to mention here that interviews and questionnaires were not used as
data gathering tools but to obtain information to add to the validity of the genre analysis, as
part of the framework.
In this connection, to obtain expert opinion, a former chief justice, a renowned

politician, a Supreme Court lawyer, and two high court lawyers were interviewed face to face
and on telephone. Similarly, identification of a specific research site for the construction of the
genre of the Constitution was not possible. Thus, non-availability of primary information due
to the time lapse since the writing of the Constitution, motivated me to look for the secondary
source of information as “alternative to actualities of interaction” (Bhatia, 2017,
p. 117).
During the course of study I got an opportunity to attend the second consultative
meeting of the NEP in 2016, to witness the patterns of policy discussions. The experience
helped me to gather first-hand information about the communicative practices, expert opinion
and social cognition regarding policy making.
I also exchanged a few emails with Bhatia to seek guidance on some of the features
regarding the CGA as used in this study.
3.3.2 Socio-Critical Analysis of Constitution (1973).
The second important element of CGA used in this study is that of criticality, however,
interpretation of the word criticality is much different from that in other contemporary
traditions of linguistic analysis. CGA’s focus on criticality, tries to demystify the ideological
underpinnings in the target genre instead of highlighting the suppression exercised by those in
power against those who are not in power. Criticality in CGA, according to Bhatia (2017, p.
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27) “is an attempt to define and propose a more comprehensive framework opening up socio-
pragmatic space.”
Discussion on ideologies demanded a combination of textual perspective and socio-

critical analyses of the genre of the Constitution (1973) and text of the NEP (2009). RQ 3, 4,
and 5 were answered by putting the socio-critical perspective to use.
3.3.3 Criticality and interdiscursivity in the Constitution (1973) and NEP (2009).
RQs 4 and 5 needed to be answered by exploring the elements of criticality and

interdiscursivity in the target texts. Interdiscursivity is a combination of a variety of resources
other than lexico-grammatical, rhetorical, and organizational (Bhatia, 2004). An analytical
study of a text must not ignore the possibility of integration of the semiotic resources available.
Interdiscursivity, according to Bhatia (2017) is usually placed under intertextuality.
Intertextuality, according to him, is the use of texts from the past to understand the present and
also to follow conventionalized ways. Interdiscursivity however, means innovatively
exploiting different genres by mixing, blending, and embedding to make new hybrid genres
(Bhatia, 1995, 1997, 2000, 2004, 2017). Moreover, though both intertextuality and
interdiscursivity use the processes of appropriation, the former exploits textual resources, while
the latter exploits generic resources.
I have used the element of interdiscursivity mainly in chapter 5 of this study to find a
correlation between the instances of the use of ideologically laden words in the texts under the
analysis. It helped me identify the reflection of Constitutional ideologies in the NEP (2009)
through lexical items.
The CGA framework offered a variety of procedures, also called tools, to choose from.
Guided by the purpose of the study, I selected, with the help of expert advice, tools and
procedures which would yield help relevant to the research questions. A summary of the tools
and procedures, selected from the broad spectrum offered by CGA, used in this study is
presented in Table 3.1 below:
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Table 3.1 CGA procedures and tools used in this study
Elements Perspectives Aspects Procedures/ Tools

of CGA
Textual  Lexico-grammatical Instances  Linguistic description
Perspective  Rhetorical Structures and analysis
 Intertextuality  Corpus-based analysis
of language and ideas
 Analysis of cohesion
and intertextuality
Ethnographic  Practitioner advice and  Observational accounts
Perspective guidance of expert behavior
 Social structure  Lived experiences of
 Physical circumstances members of community
influencing genre construction of practice
1. Multi-perspective Analysis
& communication  Narrative accounts of

 History and development of active professionals
genre  Accounts of recipients
 Critical sites of engagement or of genres
moments of interaction
Socio-cognitive  Patterns of audience reception  Accounts of
Perspective  Appropriation of generic practitioners’ advices,
resource manuals etc.
 Patterns of interdiscursivity  Analysis of texts
intertextuality
 Study of audience
reception
 Study of reading and
interpretive behavior
Socio-critical  Pattern of language, ideology  Accounts of language,
Perspective and power ideology and power
 Interaction of language and  Discussions of
social structures language and social
 Interaction between discourse structures
and social practice  Studies of social
changes reflected in
discourses
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2. Interdiscursivity
 Pattern of interdiscursivity
 Shared contextual features across the genre constructs
3. Criticality
 To undertake rigorous analysis of the given genre

 Sound understanding and appreciation of the literature
 To find elements of ideology
The study needed to find instances of ideologically laden words in the Constitution.
These words would later be used to find ideological match between the texts of the Constitution
and the NEP. Due to non-availability of some recommended or research-based list of
ideologically laden words, I had to adopt grounded theory to prepare a list of such words
myself. As initial step, I read the texts intensively, and manually prepared a list of most of the
content words. I paid special attention to the parts of the texts with dense information. Later, I
grouped these words under similar themes and noticed a regular pattern emerging. The lexical
items, scattered across the texts, were later clustered under themes which I termed as fields
which show the Constitution’s position towards respective concepts.
My research journey started with signposting CGA to answer the research questions.
The above mentioned tools and procedures related to three elements of the CGA were used in
combination to seek answers to the research questions posed in this study. However, as I moved
on, I experienced some limitations and had to seek help from grounded theory which lead me
to develop my own conceptual framework. The analysis is presented in Chapters 4 and 5 and
the conclusions have been drawn in chapter 6. As CGA offers flexibility in the use of suggested
tools and procedures (Bhatia, 2004, 2009, 2012, 2015, 2017), the study has selected only those
tools and procedures which matched the research questions and potentially would yield
answers to the research questions. An exchange of ideas through emails, with the proponent of
the CGA framework was helpful.
CHAPTER 4

PAKISTAN
This chapter sequentially presents the multi layered critical genre analysis of the
Constitution of Pakistan (1973) using the chosen analytical frame work. First, the players and
the recipients of the genre are placed against Pakistan’s socio-pragmatic context to analyze the
construction of the Constitution of Pakistan (1973) from the standpoint of ethnography and
social cognition. Then, the genre of the Constitution of Pakistan is linguistically analyzed to
understand its construction as a product. Further, the element of criticality is analyzed to
determine how certain ideologies have been vested in the Constitution and by whom. And
finally, in chapter 5, the traces of Constitutional ideologies have been traced in the text of
National Education Policy (NEP) of 2009 through the instances of interdiscursivity to find the
points of ideological convergence and divergence.
Analysis of any genre as text does not take into account the writer’s and reader’s
“knowledge of the world, including the professional, socio-cultural, and institutional
knowledge as well as experiences that one is likely to use to construct, interpret, use and exploit
such discourse (Bhatia, 2017, p. 37).” This gap is filled by ethnographic perspective, one of the
four analytical perspectives suggested by Bhatia (2004), which takes into account discursive
practices and professional practices taking place in a specific context. In CGA, analysis of a
genre means to investigate:
Instances of conventionalized or institutionalized textual artifacts in the context
of specific institutional and disciplinary practices, procedures and cultures in
order to understand how members of specific discourse communities
construct, interpret and use these genres to achieve their community
goals and why they write them the way they do. (Bhatia, 2002,
p. 6)
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The discursive practices regarding the development of the Constitution are focused on
constructing a Constitution by incorporating interests of all the citizens and reaching a
consensus on what gets approved at the end of the effort. The discursive practices form
discursive procedures and are integral part of professional cultures. The authors of the
Constitution (1973) followed the discursive procedures within the political culture of Pakistan
to develop the genre. Discursive practices and discursive procedures take place in specific
context/s which in turn shape or reshape these practices.
The distinctive feature of CGA is to reflect upon a genre’s evolution, and to incorporate
the concepts of text dynamism that may well be analyzed in its socio-pragmatic space (Bhatia
2008b, 2017). Characteristics of participants, mechanism of participation, and other
contributing genres is helpful to understand a specific genre. CGA explores “what discursive
conventions make the text possible i.e., who contributes what, when, and how? (Bhatia, 2017,
p. 31).” Characteristics of participants affect discursive procedures as participants are
authorized to make valid and appropriate contribution, participation mechanism determines
what kind of contribution particular participant is allowed to make at what stage of the genre
construction process, and other contributing genres have a valid and justifiable input to the
document under construction (Bhatia, 2017). Moreover, goals and objectives, and identities of
disciplinary and professional cultures set the boundaries of the genre (Bhatia, 2004).
The following sections of the study presents an analysis of the text of the Constitution
(1973) by probing into known sites of engagement or moments of interaction, physical
circumstances and social structure influencing the construction and development of the genre.
4.1 Construction of the 1973 Constitution
This section utilizes ethnographic and socio-pragmatic concepts as proposed in the

CGA framework (Bhatia 2008, 2010, 2012, 2017) to understand the evolution of the genre of
the Constitution of Pakistan (1973) as it is available now. To analyze the context of a genre
Bhatia suggested not only to study the four contributes of language use (i.e., purpose, products,
practices, and players) but also to integrate all the four contributors (2004). The Constitution
was written down after a spiral of procedures. The procedures took place at different stages and
points in time ensuring consultations and consensus. The process of Constitution making, to
borrow the words from Ivonhbere, is critical to the strength, acceptability, and legitimacy of
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the final product (in Hart, 2003). The study identifies the following objectives of the
Constitution of Pakistan (1973):
a) To make the public aware of the ideals upheld by the Constitution
b) To clearly mark and mention boundaries of the State with neighboring

countries
c) To delegate responsibilities and duties to the citizens
d) To identify and protect rights of the citizens
e) To create a socio-political code i.e. to determine the rules of Governance
Analyzing the Constitution with the help of CGA demands a careful look into both the
ethnographic and socio-cognitive perspectives of the genre. From ethnographic perspective, it
is necessary to know about the process through which the text of the Constitution was produced.
It entails knowledge about the socio-political context in which the Constitution was authored.
Information on the demographics of the country, recipients of the genre, structure of the
government, and information about the Constitution writers prove helpful in understanding the
disciplinary and the social context in which the genre is placed. I have discussed construction
of the Constitution in this chapter under the following headings: 4.1.1 Physical circumstances
influencing genre construction, 4.1.2 Social structure, history and goals of professional
community, 4.1.3) History and development of genre, 4.1.4) Patterns of audience reception,
4.1.5) the genre recipients, 4.1.6) Appropriation of generic resources/ Language of the
Constitution.
4.1.1 Physical circumstances influencing the genre construction.
A Constitution determines paths and ways to a developed future of the country. The
Constitution of 1973 was made when the country was going through socio political turmoil due
to the separation of East Pakistan, now Bangla Desh. Having a brief account of the
demographics of Pakistan is very necessary to analyze its Constitution (1973).
Pakistan has the second largest population of Muslims and stands right after Indonesia
(Nag, 2018). It has six regions, four provinces, 148 districts, 404 tehsils and 10000 union
councils). The population of Pakistan, a year before the promulgation of Pakistan i.e., 1972,
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was 65,309,000. To know about the detailed contours of the population of Pakistan at the time
of the making of the Constitution is difficult because the Federal Bureau of Statistics was
formally established in 1981, seven years after the promulgation of the 1973 Constitution.
However, a quick look at the 1981enumeration of the population can place analytical
speculations in better proximity.
The population of Pakistan, according to the census of 1981, was 130,857,717 without
including that of Azad Kashmir and Gilgit Baltistan. However, including the population of
these areas the number was 134,714,017. In Pakistan, according to the Oxford Centre for
Islamic Studies (2010), 95-97% of the population is Muslim and the remaining 3 % is non-
Muslim. 1-2% of the population are Ahmadis who were declared non-Muslims in 1973 and
they form a minority group in Pakistan. The Muslim population is further divided into well-
established sectarian groups. 10-20% of the Muslim population are Shias, a Muslim minority
group. The Sunni population is further divided into Hanafi and the Ahl-e-Hadith, Deobandis,
Fikris and Barelvis (Oxford Center for Islamic Studies, 2010). The demographic information
clearly indicates the Constitution to be aligned to the ideology of the majority population.
4.1.2 Social structure and goals of professional community.
This section of the analysis notices interaction between social practices and discourse
(Bhatia, 2004, 2017). Here discourse means the text of the Constitution which has an
interaction of ruling nature with the recipients. The Constitution lays down its goals and
procedural details for the citizens to align their actions with these goals. Failing the alignment
would activate accountability procedures details of which are also stated in the Constitution.
Physical circumstances here apply to the context of discourse and practice. Instead of
taking discourse as a social practice, CGA narrows down its focus on the professional practice
by analyzing the professional, disciplinary and interdisciplinary context. It takes into account
the government of Pakistan and allied offices and the political situation that made physical
setting in which the genre of Constitution took shape. Pakistan had parliamentary form of
government in 1956 which was replaced with the presidential form of government in 1962. The
Constitution (1973) again proposed a parliamentary form of government in which the Prime
minister is the head of the Parliament. According to this form of the government the PM selects
from the members of the parliament his cabinet ministers to run the state affairs. The
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governmental structure of Pakistan is shown in the diagram below (The Governmental

Structure of Pakistan, n.d.).
Figure 4.1 The Government of Pakistan (n.d.). Retrieved from

www.democraticfoundation.com.pk
The Federal Government is administered through the Rules of Business-1973 which

define functions of high offices in the secretariat and lays down the procedure to conduct the
businesses of ministries, divisions, attached departments, subordinate offices, autonomous and
semi- autonomous bodies. The structure of the provincial government is very similar to that of
the federal.
Knowing the structure of the government helped me visualizing the sites of engagement
active in the construction of the Constitution of 1973. The government represent a very tall
hierarchical structure in which information flow is bound to be slow and tedious due to multiple
levels of management. The vertical flow of discourse is time consuming and involves layers of
sifting and addition of discourse elements. Mindful of the tall nature of the structure of the
government, the analysis aimed at probing into the stages and procedures involved in preparing
the documents and major discursive tasks which were supposed to be performed at each stage.
Though the drafters are competent legislators, yet people making opinions, influencing the
opinions, selecting or rejecting feedbacks, and injecting “constraints” (Bhatia, 2004, p. 55)
75
during the course of the construction of genre, are not necessarily true representatives of the
masses. I also expected that such tasks would have some particular sequence and have
elucidated this point in the section 4.1.3.
4.1.3 History and development of the Constitution (1973).
For analyzing the development of a genre, as required by CGA (Bhatia, 2004, 2017),
one must look into discursive practices and events involved in the making of the genre. Along
with an understanding of what the Constitution means, it is also important to know how it was
developed. The analysis framework necessitated the background knowledge of the process
through which the specific genre is developed. The analysis in this subsection of the study
aimed to probe into the stages and procedures involved in preparing the documents and major
tasks which were supposed to be performed at each stage. Looking at close quarters, the way
politicians are involved in making of the Constitution, provided some insights into text of the
Constitution (1973). This section is unique in the sense that it looks at the three important
aspects of genre construction i.e., discursive practices, discursive procedures, and discursive
culture. In the following paragraphs I have given a quick account of the first two Constitutions
of Pakistan to place the Constitution of 1973 on a political, historical time line.
The first Constitution of Pakistan, made during the time frame of Prime Minister
Muhammad Ali, was promulgated on 23rd March, 1956. The Constitution declared the country
as Islamic Republic of Pakistan having unilateral legislature, and the Objective Resolution was
made preamble of the Constitution.
For a newly established state, the very requirement to have recognition was motivating
enough to have its own Constitution. When the first constituent committee of Pakistan was
made, Pakistan Muslim League (PML) was in power. All discussions on the Constitution had
started after the independence due to paucity of time and certain socio-political situations. A
consensus on the topic could not be developed earlier. Jinnah had advised the political leaders
of the time to focus on immediate efforts to get freedom because, “(we) shall have time for
domestic programme and policies, but first get the government. This is a nation without any
territory or any government” (in Ahmed, 1964, p. 103). The Quaid’s historic address to the first
constituent committee is of great importance in this regard as it summed up the concept of
national ideology for the people of Pakistan. He stated that “(we) are starting with this
fundamental principle that we are all citizens and equal citizens of one state (1948).” These
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references are enough to understand that the Constitution of the time was expected to safeguard
rights of all the citizens of Pakistan irrespective of their cast, creed and religion.
Another impacting factor in the making of the Constitution was the use of language in
which it was written. Impact of the British common law on the Constitution, in terms of
language, cannot be denied due to the colonial past of the country. The early legal experts and
political leaders had mainly studied law from UK based institutions and found British legal
tradition more relevant to the societal context. The first Constitution of Pakistan, also known
as 1956 Constitution, was framed to rationalize the state and to decide about the functionality
of its government. Hence, its focus on national ideology and the matters of Governance.
The first constituent committee functioned from 1947 to 1954. The committee
comprised members from Pakistan Muslim League (PML) while the party in opposition was
Pakistan National Congress (PNC). The post partition political culture in Pakistan varied
significantly from the pre-independence culture. The difference was also marked in the mode
and quality of socialization which resulted in ineffectualness of the attitude necessary at the
national political level. What form of state Pakistan, the newly established country, would be
was left to be decided after its independence. The first Constituent Assembly also passed the
Objectives Resolution in March 1949. It is the same document on passage of which Liaqat Ali
Khan had claimed as “the most important occasion in the life of this country, next in importance
only to the achievement of independence.” After the Objectives Resolution was passed, the
members from the Pakistan National Congress (PNC), who were Hindus from East Pakistan,
forwarded some suggestions to modify the Resolution. These suggestions, however, were not
incorporated which created tension among the committee members. The “clashing debates
prevailed about the state to be a liberal, Islamic, and communist state” (Sayeed, 1967, p. 59).
The unfortunate political history of Pakistan shows lack of commitment and political maturity.
The lack of seasoned government office holders can very conveniently be traced back to the
partition of Pakistan characterized with the unfair division of resources, facilities and expertise.
The newly established state faced an acute shortage of experienced personnel at federal and
provincial levels of government. Most of the assembly members at the time of partition were
wealthy land owners who lacked political acumen.
Under the first Constitution, Iskandar Mirza became the first President, a ceremonial
head of state, but he suspended the Constitution in 1958. He was later deposed by General
Ayub Khan. It was perceived that amendments only would not serve the purpose as the
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foundation of the Constitution needed to be revised. It paved way to the second, 1962. The
General appointed a Constitution Commission under Chief Justice Muhammad Shahabuddin
to draft the next Constitution. The draft, forwarded by Shahabuddin on 06 May 1961, was
altered altogether by the General, and the 1962 Constitution got promulgated on 08 June 1961.
The new Constitution strengthened the office of the President as well as the Islamic Ideology
Council. After the political crisis between the Awami League and Pakistan Peoples’ Party in
1970 over the six points, and the resultant separation of East Pakistan, Zulfiqar Ali Bhutto was
made the President of Pakistan., Constitution of Pakistan. Similar to previous realizations
brought 1973 Constitution into framing. During Bhutto’s era the third Constitution was drafted
by the elected representatives with the help of opposition parties. The role and rule of the
Constitution in Pakistan may be understood by knowing that out of 73 years of independence
33 years were governed by military rules at different points in time (Qureshi, 2016).
It is also important for the analysis to remain mindful of the fact that it was the time
when the state had started maturing up. The changing socio-economics and the socio
pragmatics, started shaping the Constitution. Requirements for new laws and policies emerged,
some flaws or shortcomings in the previous Constitution were identified, and some global
trends in education and commerce were also identified to be aligned to.
The Constitution of the Islamic Republic of Pakistan, currently functional, is also

known as 1973 Constitution. It was approved by the Parliament on April 10 and was made
operative on 14 August 1973. It is Pakistan's third Constitution and has been amended twenty-
two times to date. First three amendments took place on the very first day of its approval.
Authors and signatories of the Constitution were the members of 12th Parliament. The 1973
Constitution was built on pure governmental requirements. The Constitution was written as a
result of highly structured political engagements at different levels, starting with the review of
the 1962 Constitution. The social and contextual realities of the time resulted in the text of
1973 Constitution of Pakistan in its current form.
Development of the genre needs to be discussed in terms of the stages in which it is

developed in form of a document. The study expected the development of such formal genre
to have some particular sequence, and tried to explore those sequential procedures. However,
it proved very difficult to obtain information about the stages involved in development of the
constitutional genre. In this connection, to stand more informed through the “experts opinion”
(Bhatia 2004, 2017) on the matter of the research, I requested Honourable Justice Khalil-ur-
78
Rehman Ramday, who had served as permanent judge of the Supreme Court of Pakistan from
2002 to 2010, for a telephonic interview (see Appendix A). According to Ramday, constitution
making in Pakistan is very different. Countries invest years in making the State Constitution
and then follow it. He also referred to the British law which is not written yet conventionally
adhered to. When asked about the role of language in making of the Constitution and any
potential impact adding to the difficulty of the process, he responded that it could not be a
serious issue as the people responsible to draft the Constitution and the draftsmen are experts
in legal discourse and language competence could never be their issue, (personal
communication, Ramday, 16 December, 2017). Yet, mindful of the difference between inner
and outer circles (Kachru, 1986, 2005), I assume the non-nativeness of the experts might have
resulted in some expression related shortcomings. However, I will refrain from discussion on
the aspect of nativity in this research and will look into the stages involved in development of
the genre under analysis.
In the same connection, one can realize that language proficiency of the literate people
soon after the independence of Pakistan was much higher than that of an educated person now.
One of the reasons could be the direct involvement of the native speakers in the education
system and exposure of the learners to the native use of language by native or near native
language users of the time. When the British left, the English language stayed back as the
official language of the country and its teaching went in the hands of the educated people of
the national origin. Transfer of the English language from generation to generation has badly
impacted its original pronunciation, vocabulary and overall proficiency in its use. Advent and
proliferation of technology and the resulted globalization has further contributed to the non-
standardization of English language expressions.
Constitution making is not like writing any other formal document. It is much more
complicated process as more than a document, it is a contract between the people of the State
and the elected members. The following table presents the major tasks undertaken to prepare
the Constitution of Pakistan (1973) at different stages.
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Table 4.1 Stages of developing the Genre of the Constitution
S. No. Stages of Developing the Genre of the Constitution

(1973)
1 Formulation of the constituent committee
2 Review of the previous Constitution
3 Party discussions/debates
4 Involvement of other parties
5 Drafting by competent legislators
6 Reviewing / debating
7 Presentation in the Parliament
8 Getting approved/ promulgation
9 Disseminating/ making public
10 Amendments by the competent authority
The stages do not have fixed time frame and it was not possible to know specifically
about who had participated at what stage. The physical circumstances effecting the
constructions and the nature of genre could not be studied in more detail in this study for
various reasons. Along with non-availability of written record of the involvement of different
individuals and political parties, quitting of parties and switching of political loyalties were a
few major problems faced during the course of analysis.
Another limitation was that a specific research site for the genre development could not
be identified. The discursive practices took place formally and informally, in private and in
public, overtly as well as covertly, and thus were not limited to specific sites of discursive
engagement. Getting information about the process of the Constitution draft, proved the most
difficult and time consuming part of this study. I tried to seek information initially from some
experienced and practicing lawyers but could not get more than superficial information. It
became impossible to get in touch with the renowned politicians and legislators who were
directly involved in the process. It resulted in looking for the secondary sources of information.
Mr. Kasuri and Mr Pirzada had played important role in the making of the Constitution. After
repeated efforts, I could only get connected to one of the sons of Mr. Kasuri. After knowing
80
from Mr. Kasuri (personal communication, 15 January, 2016) about the internal politics within
the political scenario of the development of the Constitution, I requested a meeting with the
politician and Senator from Punjab Chaudhry Aitzaz Ahsan (see Appendix A) who is also a
well reputed lawyer.
There has been a good number of overlap and continuity of Articles between the
Constitutions of 1956, 1962, and 1973. The continuity has been either in totality of the Articles
or thematic only. However, some Articles were first time made part of the Constitution 1973.
These Articles, as retrieved from different official websites, are presented in the Table 4.2.
Table 4.2 Articles introduced by the Constitution (1973)
Sr No Articles Titles of the Article
1 2 Islam to be the state religion
2 2A The Objective Resolution to form part of

substantive provisions
3 3 Elimination of exploitation
4 6 High Treason
5 10A Right to fair trial
6 14 Inviolability of dignity of man etc.
7 32 Promotion Local government Institution
8 34 Full Participation of Women in National life
9 35 Protection of family, etc.
10 59 The Senate.
11 60 Chairman and Deputy Chairman.
12 61 Other provisions relating to Senate.
13 63A Disqualification on grounds of defection, etc.
14 68 Restriction on discussion in Majlis-e-Shoora

(Parliament)
15 72 Procedure at joint sittings.
16 76 Bill not to lapse on prorogation etc.

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17 83 Authentication of schedule of authorized

expenditure
18 93 Advisors
19 95 Vote of non-confidence against Prime Minister
20 98 Conferring of functions on subordinate authorities.
21 114 Restriction on discussion in Provincial Assembly
22 117 Bill not to lapse on prorogation, etc.
23 123 Authentication of Schedule of authorized

expenditure.
24 127 Provisions relating to National Assembly etc. to

apply Provincial Assembly etc.
25 133 Chief Minister continuing in office
26 136 Vote of non-confidence against Chief Minister
27 138 Conferring of functions on subordinate authorities.
28 145 Power of President to direct Governor to discharge

certain functions as his Agents.
29 147 Obligation of Provinces and Federation.
30 150 Full faith and credit for public acts, etc.
31 154 Functions and rules of procedure.
32 157 Electricity
33 158 Priority of requirements of natural gas
34 161 Natural gas and hydro-electric power
35 162 Prior sanction of President required to bills

affecting taxation in which Provinces are
interested.
36 165A Power of Majlis-e-Shoora (Parliament) to impose

tax on the income of certain corporations, etc.
37 176A Appointment of Judges to the Supreme Course,

High Courts and the Federal Shariat Court
38 186A Power of Supreme Court to transfer cases

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39 203A Provisions of Chapter to override other provisions

of Constitution.
40 203B Definitions
41 203C The Federal Shariat Court
42 203D Powers, jurisdiction and functions of the Court
43 203DD Revision and other jurisdiction of the Court
44 203E Powers and procedure of the Court
45 203F Appeal to Supreme Court.
46 203G Bar of Jurisdiction.
47 203GG Decision of Court binding on High court and

courts subordinate to it.
48 203H Pending proceedings to continue, etc.
49 203J Power to make rules.
50 210 Power of council to enforce attendance of persons

etc.,
51 211 Bar of Jurisdiction
52 224A Resolution by Committee or Election Commission
53 229 Reference by Majlis-e-Shoora (Parliament), etc. to

Islamic Council
54 245 Functions of armed Forces.
55 263 Gender and number
56 267A Power to remove difficulties
57 267B Removal of doubt
58 269 Validation of laws, acts, etc.
59 270 Temporary validation of certain laws, etc.
60 270A Affirmation of President’s Orders, etc.
61 270AA Declaration and continuance of laws, etc.
62 270AAA Validation and affirmation of Laws.

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63 270BB General Elections 2008
64 272 First Constitution of Senate.
65 280 Continuance of Proclamation of Emergency
The Table 4.2 depicts the changing stance of the government towards rights and
responsibilities of the state and citizens. The changes also show the evolving trends in politics.
At linguistic level, the themes of the Constitutional provisos, with their internal coherence, are
examples of intertextuality in the genre of the Constitution (1973). As the Constitution of 1973
draws majorly upon that of 1956, the study can predict a greater level of intertextuality between
the Constitutions of 1973 and that of 1956 as compared to between the former Constitution and
that of 1962.
4.1.4 Appropriation of generic resources.
The 1973 Constitution is heavily drawn upon that of 1956, however, new articles were
added in connection with fundamental rights, freedom of speech, religion, press, movement,
association, thought and intercultural life, equality, prohibition of slavery, preservation of
languages, liberty, property, right to bear arms and right to fair trial, to highlight a few areas.
As CGA requires to look into the instances of appropriation of genre, I found out that
the appropriation of the genre of the Constitution had the same stages as those of the
development and as discussed under the previous heading of this section at Table 4.1. The
previous section is of immense help to understand the places and times of appropriation of the
genre of the Constitution (1973). Each procedural tier, along with conceptual changes, must
have resulted into a better appropriated linguistic outcome. Such appropriation of “discursive
resources” (Bhatia, 2017, p. 27) also contributes towards making the final product hybrid in
nature. This study divides the appropriation of the genre of the Constitution into two phases:
before the promulgation and after the promulgation.
a) Before the promulgation of the Constitution, the Articles from the previous
Constitutions were taken and appropriated at different stages. These stages may loosely be
described as legislators’ meetings, meetings and discussions at both the houses and cabinet,
debates with the opposition and many other discursive events before, in between, and after
these discursive practices which resulted in the appropriation of the language of the
Constitution. Honourable Justice Ramday (personal communication, Ramday, 16 December,
84
2017) also agreed to the same discursive events and practices gradually shaping the text of the
Constitution. These stages however, do not fall in the same order. However, this phase finishes
with the promulgation of the Constitution.
b) After the promulgation of the Constitution, appropriation is done through

amendments. Appropriation of the Constitutional genre does not stop after its promulgation- it
rather continues in the form of amendments to the Constitution. A quick analysis of the
amendments to the Constitution of Pakistan is provided in the following section. This stage of
appropriating the Constitutional genre is a continuous process and is undertaken following
certain constitutionally informed procedures. This phase starts after the promulgation and
remains active as long as the Constitution prevails.
Addition of clauses is only one way of appropriating the genre. For example consider
the addition of due process clause under Article 10 A. Due process deals with the administration
and provision of justice and provides protection against arbitrary denial of life, liberty, or
property by the Government outside the sanction of law. More examples regarding the
amendments are discussed under the heading 4.2 of this chapter. The same would be helpful to
understand what kind of linguistic and conceptual appropriation took place in the genre of the
Constitution after its promulgation.
4.1.5 Authors of the Constitution (1973).
Ethnographic profile of the authors of a genre provides the critical analysts deeper
understanding of the genre. The study desired to have information about the members of the
constituent assembly, on the following variables: gender, age, academic qualification,
educational/ professional affiliation, professional leadership experience, and previous
experience in writing policy documents. However, due to lack of reliable information and
resources the study had to limit itself to present information only about two former members
of the constituent committee. As this research is in principle a linguistic study focused on genre
analysis and is not an ethnographic research in spirit, the description of the contributors to the
genre has been kept to the extent that it is helpful in understanding the genre itself. A more
detailed discussion of the people involved is seen as deviation from the research focus.
However, the same may be studied in some future researches with specific and relevant
research objectives. I tried to seek inside views on the process of the making of the constitution
85
and its authors, from people who were directly involved in it, but could only gather scanty
information due to limitations regarding access to such people.
Meaning making and knowledge mobilization go hand in hand. A piece of writing

reflects the personality of its authors in varying shades. A document produced after tiers and
layers of contribution and refinement reduces the elements of subjectivity but does not rule it
out altogether. Individual factors like personal upbringing, education, social and academic
experiences, immediate environment, exposure to immediate and extended world around,
personal values, level of commitment, and motivation also seamlessly, intangibly, become part
of the document and continue to influence readers. According to Ivanič (1998), identity is a
plural, dynamic concept made up of four interrelated strands of selfhood: i) autobiographical
self, ii) discoursal self, iii) authorial self, and iv) possibility for selfhood in the socio-cultural
and institutional contexts.
These shades of self-identity can very easily be deconstructed in non-legal genres.

However, due to the multi layered procedures, the potential individual self-identities might
have got merged up and taken the shape of opinion and decision consensus resulting into final
draft of the Constitution (1973). In the development and drafting of a Constitutional document,
such shades of identity are more of plural in nature than of an individual. Representatives of
the government in power, political representatives of the parties in opposition, opinion makers,
informers, translators, advisors and other contributors got their accepted contributions
documented in form of the government. It is an undeniable fact that the academic, political and
administrative competencies of these contributors must have also determined the quality of the
final product i.e., the Constitution (1973). These constraints, about what was allowed and
accepted, and what was not allowed and accepted, might have had been determined by the ones
in power. As Bhatia maintains that such constraints are ‘exploited by the expert members of
the discourse community to achieve private intentions within the framework of socially
recognized purpose(s)’ Bhatia (1993, p. 13; 2004).
The fact that self-identity becomes part of discourse also means the lengthier the
discourse is, the chances for self-identity of the writer to become part of the discourse increase.
Nevertheless, it may be deduced that that due to the layers of filter at different levels before the
final approval, during which the draft Constitution was criticized and discussed threadbare,
subjectivity of the drafters, could have been reduced to zero. If not, it might have lost its distinct
86
impact and got completely merged due to the epiphenomenal nature of the Constitutional
discourse.
Like self-identity, biases also play tremendous role in shaping of a genre. Biases are
not unpredictable phenomena in any society and result from multiple factors. Citizenry related
biases may be described as cognitive biases named confirmation, in-group, status-quo,
negativity, false-consensus, and temporal biases (Kingsmith, 2013). Those who are aware of
the sensitivities of national level decision making, get politically biased and agree with the
views, analyses and decisions of their affiliated political parties to wow their loyalties to.
Though changing political loyalties is a known phenomenon worldwide, it is noticed to be
taking place in Pakistan at much higher frequency, so much so that the term lotaism is
humorously and sarcastically used publicly to change political parties.
The political bias works in both bottom-up and top-down, directions. At the base level
of the society, the public of Pakistan also exhibits a host of biases towards decisions and
policies made by the government. While types of biases remain roughly the same at top and
base levels of the society, their impact varies. At top level, this bias also results into ignoring
the good opinion coming from the opposition, or any group or person affiliated with any other
political party or group, hence, no constructive feedback from other groups reach the decision
makers. The biased influence on decision making and thus policy making results in faulty
comprehension of the real issues, overlooking the objectively coded facts, overdoing the
subjective interpretations, deciding lope-sided, and planning poorly.
The 1973 Constitution was formulated by taking the representatives of different

political parties, including the opposition, in its fold inviting their contribution and opinions.
Making of the Constitution of 1973 is a combined effort of political leaders, and Constitutional
experts representing all political parties including Islamic political parties, conservative parties,
socialist, and communist parties. In addition, clergymen / prominent religious figures, law
experts and Constitutional analysts were also involved into the whole process. In a genre as
formal as the Constitution (1973), there is much likelihood that constraints are placed in the
way of contributions on the basis of potential intention, form and the functional value of these
contributions.
In the previous section, I indicated how difficult it was to gather verifiable information
about the process of Constitution making and about people involved in the process. Getting
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even the names of the 25 members of the Committee proved to be a herculean task, not to speak
of their individual profiles. The names of the members of the Constitution Committee were,
however, retrieved from a special publication of the Senate of Pakistan (2016) to mark the
Constitution Day of Pakistan on 10th April, 2016. The list of the names follows:
1. Malik Sikandar Khan

2. Mr. Ghulam Mustafa Khan Jatoi
3. Mr. Mahmud Ali Kasuri
4. Malik Mohammad Jafar
5. Syed Qasim Ali Shah
6. Dr. Ashraf Abbasi
7. Dr. Ghulam Hussain
8. Begum Nasim Jahan
9. Chaudhri Barkatullah
10. Malik Mohammad Akhtar
11. Chaudhari Jahangir Ali
12. Maulana Kausar Niazi
13. Mr. Khurshid Hasan Meer
14. Mrs. Jennifer Jehanzeba Qazi Musa
15. Sheikh Mohammad Rashid
16. Maulana Mufti Mahmood
17. Mr. Amirzada Khan
18. Khan Abdul Qaiyum Khan
19. Mr. Mohammad Haneef Khan
20. Professor Ghafoor Ahmed
21. Maulana Shah Ahmad Noorani Siddiqi
22. Mr. Niamatullah Khan Shinwari
23. Sardar Shaukat Hayat Khan
24. Mian Mumtaz Mohammad Khan Daultana
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During the effort to include more information about the authors of the Constitution, I
found a reference to Mian Bakhtiar Mahmood Kasuri, a politician and lawyer, son of Mr.
Mahmood Kasuri who had served as Law Minister and Chairman of the Constitution
Committee responsible for making the Constitution of 1973. Mr. Mahmood Kasuri had
resigned from the Constitution Committee before the final draft was presented. Hoping that
Mr. Kasuri would be able to help me out with my study related queries, I contacted him to
request an interview, which he consented to. (Please see Apeendix ‘A’ for questions of the
interview.)
Discussing the process of Constitution making, Mr. Kasuri told that his father had
resigned from the chairpersonship of the Committee, that was tasked to formulate the
Constitution of 1973, because he believed that the Constitution was being manipulated by the
one in power. Reasons of his resignation remained controversial. Mr. Kasuri was kind enough
to let me read a couple of D.O. letters written by Mr. Kasuri to Mr. Bhutto (see Appendix E).
The reason of resignation, as recognized in the President’s letter of acceptance of resignation,
was Mr. Kasuri’s income-tax liability. However, the same was refuted by Mr. Kasuri in a
subsequent letter in which Mr. Kasuri claimed that he had resigned due to his disappointment
and disagreement on Constitutional matters and that his income-tax liability was highlighted
only to cloud the real cause. In his letter of 7 October 1972 in response to the President’s letter
of acceptance of his resignation, Mr. Mahmud Kasuri claimed to have resigned because he
believed the Constitution was rather being manipulated. In his letter to Bhutto, Mr. Kasuri
stated:
As far as the Constitution is concerned, the whole nation is impatiently waiting to hear
from you a reiteration of the pledge to introduce a federal parliamentary form of the
government which clearly implies that executive is answerable to the legislature, the
executive power vests in prime minister and his cabinet and where the executive is also
removable by the legislature. (Mr. B.Kasuri, personal communication, 15 January,
2016)
According to Mr. Kasuri, his father had shown his disappointment with the President
in power, who remained silent when asked about federal parliamentary form of government.
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Mr. Mahmud Kasuri believed that “the nation is entitled to know your (the President’s) opinion
on this.” Mahmud Kasuri stressed that the then state of government won’t be able to fulfil its
pledge to the nation to provide them with facilities on the basis of Islamic Socialism. He pointed
out in his letter the need “for an agreement between the people of all provinces on the future
Constitutional dispensation.” Later, Mr. Aitzaz Ahsan and Mr. Ramday also affirmed, during
personal interviews, that Mr. Kasuri had developed some differences with Mr. Bhutto and
resigned from the Party, However, they did not comment on the nature of differences (Mr.
Aitzaz Ahsan, Mr. Ramday, personal communication, 2017). The study is not intended to be
judgmental about Mr Kasuri’s account, and its focus is not to probe deeper into the above
referred accounts. However, these accounts definitely helped the study to see how power
influences the discursive and meaning making processes of the genre of the Constitution
(1973). The cause of the resignation by the referred politician is one such example.
In the same connection, to know more about the authors of the Constitution, I requested
an interview with the politician and senator from Punjab, Chaudhry Aitzaz Ahsan who is also
a well reputed lawyer. Mr. Aitzaz Ahsan was kind enough to share with me the initial pages of
the report of the second Session of the National Assembly of Pakistan (making of the
Constitution), 1972 (see Appendix D). The Report was presented by Mr. Pirzada, to Mr. Fazal
Elahi, who was the Chair, at the meeting of National Assembly on Constitution making, on 31st
December, 1972. At the same meeting, the chairman of the Constitution Committee presented
the draft of the Constitution (1973). The same report reveals the fact that certain members had
resigned during the course of the national Assembly. The President, using the powers given by
law had nominated some other members to continue the process of Constitution making. The
following Table contains the names of the members who resigned and the newly nominated
members in their places. The information was obtained from the report mentioned above.
Table 4.3 Names of some of Constitution Committee members
The Members who resigned from The members who were newly
the Constitution Committee nominated by the President of the
National Assembly
1 Malik Ghulam Muhammad Mustafa Malik Sikandar Khan

Khar Malik Muhammad Jafar
Malik Miraj Khalid Mr. Barkatullah
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Mr. Mumtaz Ali Bhutto Ch. Jahangir Ali

Dr Mubashir Hasan Mrs Jennifer JahanzebaQazi Musa
Mir Ghous Bakhsh Bazanjo
Due to the difficulties in obtaining information about all the authors of the constitution,
on the individual variables. So, the ethnographic profiles of the two consecutive chairmen of
the Constituent Assembly, Mr. Mahmud Ali Kasuri and Mr. Abdul Hafiz Pirzada are presented
in Table 4.4.
Table 4.4 Ethnographic profiles of two Chairmen of the Constitution Committee
Chairmen of the Constituent Assembly for the

Sr. Individual Constitution(1973)
No. Variables
M. Ali Qasuri Abdul Hafeez Pirzada
1 Gender Male Male
2 Academic Law, Law

Qualification Public Administration
3 Political Congress Party, All-India Pakistan People's Party

affiliation Muslim League, NAP,
PPP, Tehrik-e-Istaqlal
4 Political Member of Federal Member of Parliament

position/s Cabinet, (1971-1977),
held Federal Minister for Law Senior Cabinet Minister
and Parliamentary Affairs Finance Minister
Chairman Constitution
committee
5 Professional Senior Advocate Supreme Barrister,

affiliation Court Expert in Constitutional and
administrative law
6 Any other Widely regarded as the -

information father of the human rights
movement in Pakistan
(Wikipedia)
The individual variables of the two Chairmen of the Constitution Committee offer a
general understanding of the professional and political acumen of the politicians involved in
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the task of Constitution making. Both the profiles exude high level competence and experience
which impacted the current form of the genre of the Constitution. Like authoring authorities,
the recipients of the genre also play important role in analyzing a genre as it lends insights into
social cognition. The following section deals with the part of analysis which takes into
consideration the recipients of the genre.
4.1.6 Recipients of the Genre.
As the Constitution (1973) is meant for each citizen of Pakistan, it is important to

analytically look at the match between the Constitutional text and the social cognition. The
Constitution (1973) starts with the Objectives Resolution which leads to the constitutional
pronouncement of the people of Pakistan in these words:
Text box 4.1 An extract from the Preamble to the Constitution (1973)
“Now, therefore, we, the people of Pakistan;

Conscious of our responsibility before Almighty Allah and men;
Cognizant of the sacrifices made by the people in the cause of Pakistan;
Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam
Mohammad Ali Jinnah, that Pakistan would be a democratic State based on
Islamic principles of social justice;
Dedicated to the preservation of democracy achieved by the unremitting
struggle of the people against oppression and tyranny;
Inspired by the resolve to protect our national and political unity and
solidarity by creating an egalitarian society through a new order;
Do hereby, through our representatives in the National Assembly, adopt,
enact and give to ourselves, this Constitution.”
The Constitution presupposes the citizens of Pakistan to be united as a nation and be

able to be represented with the help of the word ‘we’, in the collective agreement, and adopt,
enact and give themselves the Constitution. They are also supposed to possess certain qualities,
which have been presented in bold font in the text box above. The collective agreement is not
mere a generic feature. Significance of the word we as a lexical item has been explained in the
next succeeding section of the study. Under this heading, however, I discuss we as a concept.
We is not a merely a pronoun. It is not only the people of Pakistan who were present at the time
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of the writing of the Constitution (1973), it is we the people who were born much after the
Constitution was written and we who will be born tomorrow. We has a strange enigmatic
fluidity of semantics around it. We is everybody, everywhere, every time present in the state.
We is everybody in general, and we is nobody in specific.
The same word we was referred to by Mr. Pirzada at the time of presenting the final
draft of the Constitution (1973) on 31 December, 1972. Pointing to the 1962 Constitution, he
said that a usurper, a dictator, gave the Constitution (1962) by his own authority saying “I give
the people this Constitution.” Mr Pirzada continued Quoting his angry reaction:
[…] a single individual who came into power by force of his bayonet, he had the
temerity to turn around the people of Pakistan and say: I give to the people of Pakistan
a Constitution, I am the sovereign to give the people of Pakistan a Constitution of my
own liking, Constitution shall be such as would appeal to my whims and fancy.” The
debate of ‘I’ and ‘we’ is very clear from the above account and tells a whole history of
why the generic construct was made as it was made. (National Assembly, 1972)
Framers of the Constitution are the elected members of the state and hence, may be
assumed, ideally speaking, to be representatives of national schemata. The Constitution
presumes a variety of receivers, users and readers. This perspective also takes into
consideration the profile of the recipients of the genre. In the case of the Constitution, the
masses or public of Pakistan is the recipient and may be further classified into different groups.
Judiciary, Politicians, and Law and Order enforcement agencies must also correctly
interpret and use the Constitution to perform their roles effectively. The Constitution is
frequently referred to by the policy makers to align the public policies to the Constitution when
and where necessary. Hence, the expectation that national policies on education, commerce,
trade, etc. of a country would be in line with the tenets and the spirit of the Constitution of that
country.
General public in Pakistan is heterogeneous in composition and is grouped in different

communities based on a variety of factors, mainly, religion, sect, ethnicity, language, and
geography. Realistically speaking, the general public can also be grouped as conservatives and
non-conservatives, conformists and non-conformists and other such binaries resulting from
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personal aptitudes and attitudes. Mattila (2006) emphasizes that the target of messages
transmitted in legal language often consists of the whole population, certain layers of
population, or a number. In case of the Constitution, all the citizens of Pakistan are users of the
genre. Also the non-citizens who live in the country for work or business, or who visit the
country as tourists are supposed to be aware of the relevant Constitutional information to avoid
any law and order situation.
The recipients of the genre can broadly be divided into literate and illiterate. The genre
users can be bureaucrats, competent executives, employed, self-employed, low job holders, and
even uneducated. Among the literate of the country, the genre recipients are pragmatically
placed on a wide continuum ranging from highly educated to barely educated citizens. The
people who use the Constitution do not have to be professionals, for instance jury-members,
lay judges or administrators.
Use of the text of the Constitution varies from user to user and is determined by the
objectives of use. They may require an in-depth analysis to find nooks to anchor their
reasoning, as interpreted by the law practitioners and judges, or they may be interested in
knowing about their fundamental rights. The objectives to read the Constitution are pragmatic
in nature and cannot be determined by mere speculation. What is more relevant to research
questions here is that how the Constitution (1973) is referred to instead of when. Due to the
density and complexity of the genre, even the educated groups have a layman understanding
of the Constitutional content and genre.
The Constitution has to detail everything in writing to be frequently referred to seek

guidance in all sorts of domains at different levels. It, therefore, requires elaborate written
accounts. In fact the text of the Constitution remains constantly analyzed by the users and
recipients. A common citizen is not prepared to take part in politics even after getting higher
education as politics has been made either a family business or the game of the elite, the
resourceful, and the forceful. The process of citizens’ awareness or familiarity with political
system, as done by countries like Egypt, Ethiopia, and Turkey, is called socialization which
should ideally take place (a) in childhood when children are socialized as per general norms of
the society, and (b) in later years, to ensure socialization to the political life. (Binder, 1961).
Curricula, syllabi, and schools in Pakistan do not prepare the children to be able to analyze or
comment on the Constitution. The wide gap between politicians and the citizens on account of
political orientation aggravates the misunderstanding between the government and the public.
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The receivers of the Constitution (1973) may be grouped as skilled / specialist and non-
skilled / non-specialist receivers. Though direct receivers of the Constitution are masses, the
direct users of the same are specialist communities related to courts, government institutions,
and policy making departments. Fairclough assumed that ideologies reside in texts and that it
is not possible to read off ideologies from texts, and that texts are open to diverse interpretations
(1995). Similarly, Swales (1990) believed that the onus of interpretation of a discourse lies on
the reader. Though debatable in the context of the study, yet his statement carries weight and
highlights the importance of reader.
To explore the context of engagement in genre interpretation, use and exploitation, I

have listed below the expected and potential interpreters and users of the text of the
Constitution.
a) General public
b) Politicians
c) Policy makers
d) Legal institutions / judiciary
e) Legislators
f) Certain offices
g) Media
Parts of the Constitution are directly related to specific individuals or groups. For
example, Article 29, ‘Principles of Policy’, is for “each organ or authority of the state” or each
individual functioning on their behalf. In reality, the general public almost never interacts with
most of the text of the Constitution. The public usually receives or interacts with the content of
the Constitution through media. The patterns of audience reception are discussed under the
next heading.
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4.1.7 Patterns of Audience Reception.
The recipients of the genre of the Constitution, as listed under the heading 4.1.6, follow
different patterns of genre reception. The Constitution itself does not play the role of the shaper
of public opinion as it has been made a remote text meant to be only for politicians. It is also
important to consider the source of the Constitutional information that the recipients receive.
The Constitution is representative of the people and is made for the people. It is a public
property and is also available on different government websites.
Politicians are important recipients of the constitutional genre, and are supposed to be
familiar with the constitution to be able to take part in political discussions at a National
Assembly, Senate and other relevant meetings. They are supposed to know it because they
represent the society and are responsible to make informed decisions. These necessities also
perhaps imply that the politicians have to be at least moderately educated. The ability of the
elected politicians may easily be inferred from the fact that the Musharraf government in 2002
made it compulsory for all members of the National or Provincial Assembly to have a
Bachelor’s degree. The condition was introduced with good intention to bring about
enlightenment. It also might had been envisioned that educated politicians would be able to
make informed decisions. Unfortunately, the practice was stopped later.
The government needs to realize that the non-involvement of the public opinion in the matters
of governance makes the process of governance itself difficult. Due to this lack of involvement,
those from the public who want to be heard or wish to be part of opinion making or decision
making at different levels, adopt unwanted measures. Recently a strange way of getting heard
has been seen in form of a series of Dharnas (sit-ins) or demonstrations which have been
dangerously politicized. These ways to express public and political opinions include instances
of the protest of March 15, 2009, by Nawaz Sharif, successful sit-in by Hazara Community
protesting against the indiscriminate killing of members of their community, in 213 by Allama
Tahirul Qadri (Queshi, 2014), in 2013 by Imran Khan, and very recently in 2017 and 2018 by
the supporters of Tehreek-i-Labbak Ya Rasool Allah. In all these instances the democratic
forum of Parliament was dropped because these people wanted to get heard. The frustrated and
sulking people become vulnerable to negative channelizing of their discontent. As a result
Pakistani society has witnessed a lot of demonstration which usually take violent turns.
The citizens of Pakistan know that they have a constitution but they don’t even realize
how important it is for a citizen to be aware of the People’s contract. The curricula does not
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cater for the need to create constitutional awareness, or political socialization (Binder, 1961),
among students. The educated citizens have to read abridged and isolated informational
accounts only as part of the reading material, as a requirement to complete the syllabi related
to different grades. The same was told by some teachers and students during the survey
conducted to have a look at genre reception variables. Some teachers told that they studied
Fundamental Rights only from the Constitution (1973) as part of study plan when they were
students and later when they had to prepare for their lectures on the same topic. When asked
during a survey (see Appendix C) if they had ever read the Constitution of Pakistan, they gave
the following responses against three options:
Table 4.5 Questionnaire responses regarding social cognition
Sr. No Response Options Response Count
1 Completely 3
2 Partially: (Specify what part/s) 22
3 Never got a chance to read the Constitution 17

(1973)?
The percentages of these responses have been presented in the figure below:
7%
41% Completely
Partially
Never got a chance
52%
Figure 4.2 Questionnaire response regarding Social Cognition
Almost all who had ticked the second option i.e., ‘partially’, specified ‘Fundamental
Rights’. However, to cross check the awareness about Fundamental Right, the respondents
were given an abstract from the Articles 9 Security of a Person, and 10 Safeguards as to arrest
and detention, to read and tell if they were aware of the provisions, only 3 out of 42 informants
replied in affirmative and the rest of the 39, in negative. The percentages of the
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responses on familiarity and unfamiliarity with the text of Fundamental Rights are given
below:
7%
Familiar
Unfamiliar
93%
Figure 4.3 Questionnaire response regarding text-awareness about Fundamental Rights
The same participants were asked in another question if being citizens of Pakistan they
needed to read the Constitution (1973) of Pakistan. They were given five choices to pick their
responses from: strongly agree, agree, neutral, disagree, strongly disagree. Surprisingly, none
of the respondents showed disagreement. 22 out of 42 participants strongly agreed and the
remaining 20 agreed to the necessity to read the Constitution 1973. None of the participants
even opted for the remaining three responses i.e. neutral, disagree, and strongly disagree. The
responses are shown in percentages in the figure below:
Strongly Agree
Agree
48% Neutral
52%
Disagree
Strongly Disagree
Figure 4.4 Questionnaire response regarding the need to read the Constitution
When asked about the source of information related to the Constitution, the respondents
informed that their understanding of the Constitution mainly came either from text books, or
media. It is important to mention here that the information given in the text books usually
remains restricted to Fundamental Rights, and that too in a summarized form. Hence, most of
the survey participants showed their familiarity with Fundamental Rights only. Rest of the
Parts of the constitution are not considered relevant to the scheme of studies. Although
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education policy gains inspiration and guidance from the constitution (1973), it does not, at any
point, refer to the fact that literate citizens of the country need to be aware of the constitutional
knowledge.
To further understand the site of genre engagement, the survey questionnaire contained
two subjective response questions regarding the patterns of genre reception. Responding to the
question when do you usually discuss the Constitution?, all the respondents gave similar replies
which may be summed up as whenever there is some political news of the like Panama leaks,
or PM and Tareen’s disqualification etc.
The next question was when and what have you learnt about the Constitution (1973)
from media? Most of the response to this question were in sync with the responses to the
previous questions i.e., whenever there is some hype created by media on the matter related to
the Constitution.
A very thought provoking indirect finding from the responses was the respondents’
complete trust in media. None of the participants/ respondents expressed doubts about the
competence of media. It may be linked with the previous discussion regarding political
socialization (Binder, 1961) and because there is no practice of referendums or gallop polling
to gather public opinions on political issues and controversies. It also points out the role of
media in shaping the opinion of society. While print media still follows certain norms, the
electronic, especially social media, openly violate all norms of authenticity. The public gets to
know about certain clauses of the Constitution when some big political news or scandal is on
air. Other than the educational institution, it is the print, electronic and social media which
educates the recipients of the Constitutional information. Ironically the people interpreting and
discussing the Constitution are not always themselves fully aware of the Constitutional
implications. TV talk shows, discussions and morning shows get caught up in a spree to hold
Constitutional discussions if some event connected to the Constitution takes place. These TV
shows range from highly informative ones to the highly burlesque. Some offer serious
commentary on the Constitutional clauses and some offer comic relief for public entertainment
due to their lack of competence on the subject matter. The first category is limited in number.
Irrespective of the type and the quality of the media information, the media does play a very
important role in shaping the public opinion.
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4.1.8 Social Cognition and Language of the Constitution.
A Constitutional discourse has the power of controlling masses like no other discourse.
All policies and societal practices must be aligned to the Constitution. For the same reason the
Articles and Clauses of a Constitution are quoted regularly and frequently in different spheres
of policy and practice. It has inherent power to control action as well as the cognition of the
recipients. The text of Constitution is cited in formal and informal documents and situations. It
is referred to by specialist and non-specialist citizens frequently with the intention to show
relevance or irrelevance of the phenomena under discussion with the constitution.
While analyzing the connection between society and discourse, the aspect of social
cognition cannot be denied. Paying attention to social cognition is another characteristic of
CGA. The study has previously mentioned different types of genre receivers and users under
4.1.6. It is pertinent to reiterate the diversity of the receivers of genre in this section too for its
relevance to social cognition. During the course of the document analysis, I get convinced that
the Constitution (1973) is not written in a language and format easily deciphered by the
common citizens of Pakistan. English being the official language and that of the law courts in
Pakistan, demands the Constitution to be formulated in it even when it is not the language of
masses or public. Constitutional genre has an inherent dilemma regarding its linguistic
construction. It is meant to be for all the citizens of the country but is written in the style
understood by practitioners only. To add to the already grave situation, it is written in a
language which is neither L1, nor even L2, in most cases, of the citizens of Pakistan. Moreover,
legal genre in Pakistan is either borrowed or is heavily influenced by the colonial era
documents. Interestingly, on one hand, the Constitution is supposed to be representing the
public, while on the other hand, the public cannot comprehend the text fully due to the language
in which it is written.
Though drafted and authored by specialists, the receivers of this genre are common
public, policy makers, courts and politicians. The drafters of the Constitution were well versed
in legal education and were able to convey public and private meanings through the
Constitutional text. General public is not appropriately proficient in the use of English language
and does not have the requisite orientation towards constitution or legal expression. The
language of the Constitution is the major obstacle for the public to have a good knowledge of
the document. In a multilingual society, where estimated 73 to 76 languages are spoken
(Parekh, 2017) and where each citizen is a frequent user of at least two languages, it is an added
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burden to get that level of proficiency in an L2 to be able to read and easily understand the
Constitution. The State has made some efforts to raise the public awareness level in this regard
by printing in different languages and disseminating among the masses at least the Fundamental
Rights guaranteed in the Constitution (1973). More such measures are required to create
awareness to prepare citizens to be able to contribute more constructively, as citizens of
Pakistan. Technical vocabulary used in the constitution needs to be distributed across the
curricula at all the levels of formal education. Some recommendations in this regard have been
offered in Chapter 6 of the study.
To seek information about the response of educated people of the country towards the
linguistic expression of the Constitution, I conducted a small survey with the forty adults
(including teachers, students, and government officers) from 20 cities of the country (two
participants from each city). Contrary to my hypothesis, these recipients of the constitutional
genre did not think that language of the Constitution (1973) was too difficult. They were given
the Articles 9 and 10 to read and answer three questions related to genre reception. The first
question was to know if they were familiar with the given text, the second question was to
grade the given text on a difficulty scale with five points, and lastly, they were asked what, in
their opinion had made the text difficult.
A brief survey was conducted to study how actual recipients of the genre look at the
text. The survey questionnaire comprised questions related to the textual perspective and socio-
cognitive perspective of the genre. Results of the survey questions related to the text of the
genre are presented through the pie graphs below.
Unexpectedly, when the survey participants were given a part of the text from the
Constitution (Articles 9 and 10) and asked about the level of difficulty on a scale of very easy,
easy, average, difficult, very difficult, most answers concentrated on the easy, average, and
difficult. Only one of the participants found the text very easy, while five graded it as easy, 24
as average, 11 as difficult and only one as very difficult. The percentage of answers is given in
the figure below:
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2% 3%
12%
26% Very Easy
Easy
Average
Difficult
Very Difficult
57%
Figure 4.5 Perceived level of generic difficulty by the genre recipients
When the participants were further asked to determine what features contributed
towards difficulty of the text, 23 out of 42 participants claimed concept as the most difficult
feature of the text. 10 thought that it was vocabulary. Three participants stated grammar as the
difficult area and one contributed the difficulty to grammar. The five respondents who ticked
the option any other, specified that the perceived difficulty was due to long sentences. The
percentages of the responses is shown in the figure below:
12%
other reasons 7% Grammar
2%
puntuation
24%
Vocabulary
Grammar
Vocabulary
Concept
Punctuation
any other
55%
Concept
Figure 4.6 Causes of difficulty as perceived by the genre recipients
Findings of the questionnaire stand in close harmony with the findings of the textual
analysis of the genre as will be discussed ahead in this chapter. The same also entails that if
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constitutional knowledge has to be mobilized then it needs to be provided to the citizens in a

simplified and abridged form.
4.2 Linguistic Description and Analysis of the Constitution of Pakistan
Constitution of any country or State is the core document which lays foundations of all
of its government and public policies to help regulate the government and State institutions. Its
text is specific in terms of objectives and functions and therefore forms a distinguished and
differentiated genre. Differences in the structure of knowledge systems usually embody
different assumptions about discourse and communication (Bhatia, 1999a). These differences
influence both the preferred modes of communication among disciplines and the rhetorical
characteristics. A constitution is a good example of an authoritative text. Such authoritative
texts are created and executed in very formal ways. Text of the 1973 Constitution used for the
CGA in this study was downloaded from an official government website in 2014. The State
herein refers to Pakistan, the Constitution to its Constitution of 1973, and the policy document,
to the Education Policy of Pakistan (NEP) 2009. “This Constitution” refers to the written text.
Preferred mode of communication chosen for the Constitution (1973) is written text.
In this section of the study, the linguistic features of the genre of Constitution have been
analyzed from textual perspective as given in the CGA framework. Bhatia (2017) suggests that
analysis at this level to be concerned with text as a product and not with its interpretation or
use. This section of the study analyzes salient linguistic features of the Constitution, using
textual perspective from a CGA framework. The textual perspective of the Constitution, itself
may be a full-fledged and independent research. However, to “see as much of the elephant as
possible” (Bhatia, 217, p. 6) it was necessary to analyze the textual features of the genre of the
Constitution before looking at the genre from socio critical perspective. Instead of conducting
textual analysis at a micro level, I have discussed some of the most salient features of the genre
of the Constitution in the following sub sections of this chapter.
4.2.1 Layout and structure of the Constitution (1973).
Cognitive structures are built through different means and sources of information. The
study begins to analyze the genre of the Constitution by having a broad look at the format and
layout of the text of the Constitution. The content of the 1973 Constitution of Pakistan is
divided into 12 Parts, each Part is further divided into a number of Chapters, and has 280
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Articles in total. The Constitution contains a preamble before the first Part begins and seven
Schedules are annexed to the text at the end. Sixth and seventh Schedules were completely
omitted by the Constitution Act 2010.
As genre, most of the Constitutions generally start with a preamble to introduce its
purpose and scope. In line with this well-established generic trend around the globe, the
Constitution (1973) of Pakistan also starts with a preamble. Rest of the text is divided into
various chunks of discourse. The largest discourse unit in the Constitution is Part. Each part is
further divided into different chapters. Chapters contain Constitutional Articles further
elaborated through Clauses and sub-clauses. In legal sense, an Article is defined by the Burton’s
legal thesaurus (2007) as a sub division of a statute. A Clause, according to the Collins
Dictionary of Law (2006), is a particular disposition which makes part of a treaty; of an act of
the legislature’, and a Schedule means an appendage which usually will include details that
would detract from the overall sense of the provision. These building blocks of the Constitution
are thematically grouped together in hierarchical way. A typical beginning of the Part looks
like as is depicted in Text box 4.2 below:
Text box 4.2 Example of placement of Parts of the Constitution
PART VIII
Elections
CHAPTER 1- CHIEF ELECTION COMMISSIONER AND ELECTION
COMMISSION
The word Part is written in capital letters followed by the part number in roman digits.
Title of the part is given on the next line in bold font and with initial capital letters. The Chapter
is given on the third line followed by the chapter number and the title of the chapter is written
in all caps. The Part and its title, the constituent Chapter and its title are all center aligned to
give the genre text a visual demarcation. Chapters usually contain Sections which are marked
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only through initial caps and are in bold font without any numbers or alphabets to mark them.
The section titles provide a thematic unity to the Articles falling under it.
The Articles are represented through Numbers in bold font, Clauses through bracketed
(parenthetic) numbers, and sub-clauses through parenthetic roman numbers. First line of each
paragraph is indented inwards. Sub-clauses, however, are indented twice to give the text a
hierarchical structure. Article numbers at places are followed by English capital letters as the
result of amendments. The special feature about Articles is the permanency of their respective
numbers. When an Article is amended, its numerical position is not altered. The number, stays
in the text even if it gets omitted as the result of Constitutional amendment/s. In case a new
Article has to be inserted between different Articles or in place of previous Articles, then
Alphabets are added on the right side of the previous Article number. Article 186A is an
example of such insertions. The Article 186A (Powers of Supreme Court to transfer cases) was
inserted between Articles 186 (Advisory Jurisdiction) and 187 (Issue and Execution of
Processes of Supreme Court) so ‘A’ was added to it. Some Articles have double alphabets on
the right side. Double alphabets indicate that the Article was inserted once but had been
amended after insertion for more than one time. Article 270AA (Declaration and Continuance
of laws, etc.) is an example of such cases. The Article was originally inserted by the Legal
Framework Order, 2002 and was substituted by the Constitution (Seventh Amendment) Act,
2003. The Article was again substituted by the Constitution (Eighteenth Amendment) Act,
2010). The Article 270AAA (Validation and Affirmation of law etc.) has triple Alphabets on
its right side.
Part I of the Constitution of Pakistan (1973) is introductory in nature. It introduces

important concepts and sets perceptions about the state by penning its name, territories,
religion. It also delineates the role of Objective Resolution in the Constitution in the form of
substantive provisions. It furthermore contains resolution of the state to eliminate exploitation,
statements about the supremacy of law, and requirement of loyalty to state from all citizens,
and an account of what high treason is.
Part II states Fundamental Rights and Principles of Policy. It starts with the definition
of a State after which chapters 1 and 2 i.e., Fundamental Rights, and Principles of Policy, take
place respectively. State policies, including education policy, are controlled by chapter 2 of
Part II of the Constitution which clearly binds each organ and authority (or any person
performing action on behalf of such organ or authority) of the state “to act in accordance with
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those Principles in so far as they relate to the functions of the organ or authority (Article 29).”
The onus of responsibility for abiding by the principles has clearly been assigned to the
concerned organ and authority or individual performing on behalf of such organ or authority.
Part III of the Constitution, is titled “The Federation of Pakistan” and explains complete
running of the federation. Chapter 1, The President, elucidates the qualifications required to
become President of the State. The chapter, containing Articles 41 to 49, speaks out functional
details such as oath of president, conditions of President’s office, term for which President has
to serve, President’s powers, informant of the President, his removal and impeachment, his
advisors, and possibilities of holding the office as acting President. According to the 1973
Constitution, the President of Pakistan has to share executive powers with other offices in the
executive branch of the government.
Chapter 3 of the Part III, under Articles 90-100, addresses issues related to Federal
Government and exercising of the executive powers of the state. It covers the cabinet, offices
of prime minister, other ministers and advisors. Along with ‘Conferring of functions on
subordinate authorities’, the chapter also clearly defines the ‘extent of executive authority of
the Federation’. The Constitution follows, to ensure separation and checking of powers, the
separation of powers, or the trias politica principle as do most of the modern federal
governments including the federal government of the United States of America.. A unique
linguistic feature of this part, as compared to the others, is its very lengthy Articles.
Part IV of the Constitution, Provinces, has three chapters which address the topics of
the Governors, Provincial Assemblies and the Provincial Governments, respectively. The
second chapter further contains headings for financial procedures and ordinances. Such
separate headings have been observed during the analysis to be usually and exclusively found
where finances are being discussed in the text of the Constitution.
Part V of the Constitution is also divided in 3 Chapters which address the areas of
Distribution of Legislative Powers, Administrative Relations between Federation and
Provinces, and Special Provisions, in the same order. Part VI of the Constitution is about
finance, property, contracts and suits. The Part is divided in three chapters to give details on
the areas related to Finance, Borrowing and Audit, and Property, Contracts, Liabilities and
Suits. The unique feature of the Part is that its chapters contain exclusive heading related to
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various fiscal phenomena. Use of such kind of headings was also noticed in the Part IV where
it described any kind of information related to finance.
Part VII of the Constitution, the Judicature, has four chapters which explain the
constitutional procedures and details regarding the Courts, the Supreme Court of Pakistan, the
High Courts, and general provisions relating to the Judicature. Part VIII of the Constitution,
Elections, has only two chapters about chief election commissioner and election commissions,
and electoral laws and conduct of elections.
Parts XI, X and XI of the Constitution are relatively short and address Islamic
Provisions, Emergency Provisions, and Amendment of Constitution respectively. These Parts
do not have any further division in terms of Chapters.
Part XII, Miscellaneous, in contrast, has maximum number of chapters in the whole
text of the Constitutions. The seven chapters in this Part give details on the topics related to
Services, Armed Forces, Tribal Areas, General, Interpretation, Title, Commencement and
Repeal, and Transitional.
Along with the twelve Parts, the Constitution has 07 Schedules in total which are
appended to it at the end except Objectives Resolution which forms the Preamble of the
Constitution. The first Schedule is about laws exempted from the operation of Articles 8 (1)
and (2), the second Schedule is about election of President, the third is about the oaths of office,
the fourth is about the legislative lists and the fifth one is about the remuneration and terms and
conditions of service of judges. The last two of the seven Schedules were omitted through the
eighteenth amendment. An overview of the Parts, Chapters and respective Articles regarding
the Constitution (1973) has been presented in the Table 4.6 below:
Table 4.6 An overview of the Parts, Chapters and Articles in the Constitution (1973)
Sr. Parts Chapters Articles

Numbers
- 01-06
1 Introductory
07-28
2 Fundamental Rights and Fundamental Rights
Principles of Policy
29-40
Principals of Policy
3 The Federation of Pakistan The President 41-49

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Majlis-e-Shoora (Parliament) 50-89
The Federal Government 90-100
4 The Provinces The Governors 101-105
The Provincial Assemblies 106-128
The Provincial Governments 129-140A
5 Relations between Federation Distribution of legislative 141-144

and Provinces powers
Administrative Relations 145-152

between Federation and
Provinces
Special Provisions 152A-159
6 Finance, Property, Contracts Finance 160-165A

and Suits
Borrowing and Audit 166-171
Property, Contracts, 172-174

Liabilities and Suits
The Judicature The Courts 175-175A
The Supreme Court of 176-191

Pakistan
The High Courts 192-203
Federal Sharia Courts 203A-203J
General Provisions Related 204-212B

to the Judicature
8 Elections Chief Election 213-221

Commissioner and Election
Commissions
Electoral Laws and the 222-226

Conduct of Elections
9 Islamic provisions - 227-231
10 Emergency Provisions - 232-237
11 Amendment of Constitution - 238-239

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12 Miscellaneous Services 240-242
Armed Forces 243-245
Tribal Areas 246-247
General 248-259
Interpretation 260-264
Title, Commencement and 265-266

Repeal
Transitional 267-280
During the analysis, the researcher observed that the number of Articles in each Part of
the Constitution (1973) show the load of information provided therein. For ease of reference to
see which Part contained more or less load of information or number of Articles, I have
presented the number of Articles in each Part of the Constitution in the Table 4.7.
Table 4.7 Number of Articles in Parts of the Constitution (1973)
Thematic Division of the Genre of Constitution(1973) Number of Articles
Preamble
Part I- Introductory 07
Part II- fundamental rights and Principles of Policy 37
Part III- The Federation of Pakistan 66
Part IV- Provincial Assemblies 36
Part V- Relations between Federation and Provinces 20
Part VI- Finance, Property, Contracts and Suits 16

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Part VII- The Judicature 55
Part VIII- Elections 15
Part IX- Islamic Provisions 05
Part X- Emergency Provisions 06
Part XI- Amendment of Constitution 02
Part XII- Miscellaneous 20
Schedules
The Table 4.7 also yields an important observation that the number of Chapters in a
Part determine variety of topics and that the number of Articles determine the quantity of
information therein. For example, Part XII of the Constitution has seven chapters but only 20
Articles. On the other hand, Part three contains only three chapters but 66 Articles. A graphical
presentation of the above information helps visualize the density of the Constitutional provisos
across the genre of the Constitution (1973).
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Figure 4.7 Density of the Constitutional Articles across the Constitution (1973)
The above analysis, helped me deduce that the genre of the Constitution has a nested
hierarchical structure. The thematically coherent units, in the text of the Constitution, are
stacked together under the next discursive structure to finally be combined under a hypertheme,
to borrow Danes’ word (1974). A nested hierarchical visual arrangement of these constituent
discursive portions or chunks of the genre of the Constitution (1973) may look like Figure 4.8
given below:
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Sub-Clauses
Clause
Article
Sections
Chapters
Part
Figure 4.8 Nested hierarchical structure of the Genre of Constitution (1973)
Each Part of the Constitution has the same arrangement structure which this study calls
a nested hierarchical structure of the genre. The Figure 4.9 displays a holistic visual
representation of the genre of the Constitution of Pakistan.
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Preamble
Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Part 11 Part 12
Schedules
Figure 4.9 Structural organization of the genre of the Constitution (1973) of Pakistan
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All the Parts, shown as solid line boxes, take place between the Preamble and the
Schedules which are shown through the dotted line boxes. The boxes which represent the Parts
are further divided with the help of horizontal lines to represent the number of chapters in each
Part.
4.2.2 Salient linguistic features of the Constitution of Pakistan (1973).
CGA encourages the use of corpus tools wherever possible and needed. Analysis of the
text with the help of Antconc (3.4.4w) yields that the complete text of the Constitution of
Pakistan (1973) has 69844 words and 3035 word types. Statistical details about the Preamble
and Parts of the Constitution in terms of word count and word types are given below in Table
4.8:
Table 4.8 World Count and Word Types in the Parts of Constitution (1973)
Parts of the Constitution Word Count Word Types
Preamble 449 209
Part I- Introductory 541 193
Part II- fundamental rights and Principles of Policy 4300 883
Part III- The Federation of Pakistan 15936 1185
Part IV- Provincial Assemblies 5515 702
Part V- Relations between Federation and Provinces 3330 556
Part VI- Finance, Property, Contracts and Suits 2757 507
Part VII- The Judicature 9886 923
Part VIII- Elections 2414 432
Part IX- Islamic Provisions 913 260
Part X- Emergency Provisions 2172 333
Part XI- Amendment of Constitution 302 28
Part XII- Miscellaneous 10719 1043
Schedules 8543 1166

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The information regarding word count presented through pie chart gives visually clear
comparison of the Preamble and Parts of the Constitution. Part III has the highest word count
while Part XI has the lowest word count.
The word count and its percentage division across the Constitution (1973) is presented
below in Table 4.8. While Figure 4.9 presents only the percentage of word count in form of a
pie chart.
Table 4.9 The percentage division of word count across the Constitution (1973)
S. No Parts % age Word Count

1 Preamble 1 449
2 Part 1 1 541
3 Part 2 6 4300
4 Part 3 23 15936
5 Part 4 8 5515
6 Part 5 5 3330
7 Part 6 4 2757
8 Part 7 15 9886
9 Part 8 4 2414
10 Part 9 1 913
11 Part 10 3 2172
12 Part 11 0 302
13 Part 12 16 10719
14 Schedules 13 8543
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Preamble Part 1 Part 2

Schedules 1% 1% 6%
13%
Part 12
Part 3
16%
22.5%
Part 11
0.5%
Part 10
3%
Part 4
Part 9
8%
1%
Part 8 Part 5
4% Part 7
Part 6 5%
15%
4%
Figure 4.10 Word count of the Parts of the Constitution (1973)
The reason of some genre chunks to be contributing only 1% of the whole text can be
understood by analyzing the nature of information given in those chunks. The Preamble,
Introductory, and the Islamic Provisions each make up only 1% of the text of the Constitution.
Each is philosophical in nature with condensed expression resulting in less word count.
However, their impact on the rest of the text of the genre cannot be underestimated. In
comparison, the Parts handling the procedural details related to the State and Governance are
more elaborative and their philosophical underpinnings can be directly or indirectly linked with
the Preamble, Introductory, and the Islamic Provisions.
Use of the software Antconc (3.4.4w), made it easy for me to take a quick look at the
word types also in the fold of the textual analysis of the genre under study. While word count
give the analysts a good understanding of the total number of words in a text or corpus, the
word types point out lexical diversity in a text. It does not count the repeated words in the
selected text. The information regarding word types in the genre of the Constitution presented
through the Table 4.10 and pie chart (Figure 4.8) place the Preamble and the Parts in an
interesting perspective. Part III has the highest number of word types while Part XI has the
lowest number of the total word types.
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Table 4.10 The percentage division of word type across the Constitution (1973)
S. No Parts Word Count Word Type % age of WT

1 Preamble 449 209 3
2 Part 1 541 193 2
3 Part 2 4300 883 11
4 Part 3 15936 1185 14
5 Part 4 5515 702 8
6 Part 5 3330 556 7
7 Part 6 2757 507 6
8 Part 7 9886 923 7
9 Part 8 2414 432 5
10 Part 9 913 260 3
11 Part 10 2172 333 4
12 Part 11 302 28 0
13 Part 12 10719 1043 12
14 Schedules 8543 1166 14
Preamble Part 1
Schedules 3% 2% Part 2
14% 11%
Part 12
12% Part 3
14%
Part 11
0%
Part 10
4%
Part 9 Part 4
3% 8%
Part 8
5%
Part 5
Part 7 Part 6 7%
11% 6%
Figure 4.11 The percentage division of word types across the Constitution (1973)
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15936
16000
14000
12000 10719
9886
10000 8543
8000
5515
6000
4300
3330
4000 2757 2414 2172
449 541 302
1185 913 1166
2000 883 702 923 1043
209 193 556 507 432 260 333 28
0
Word Type Word Count
Figure 4.12 Comparison of word count and word types in the Constitution (1973)
The highest number of word counts is in Part III of the Constitution which handles the
Federation of Pakistan, the President, Majlis-e-Shoora, legislative procedures, financial
procedures, ordinances, and the Federal government. The same Part also offers highest ratio of
word types. Although the Preamble, Introductory, and the Part IX (Islamic Provisions) had only
1% of the total word count, they offer 3%, 2% and 3% word types in the same order, showing
their lexical diversity. The study comes to know that out of 3038 word types used in the
Constitution, 904 word types take place only once and 463 words only twice. First 104 word
types take place on frequency of 6470 to 100 in descending order. The word count, thus, of the
Parts of the genre has no direct proportion with the word type of the same.
4.2.3 Use of Vocabulary.
Lexical items are used in a legal discourse to convey contextual meanings.

Understanding the frequency and range of vocabulary helps in understanding the nature and
purpose of a text. Nation (2001) classified vocabulary into four groups, high frequency words,
academic vocabulary, technical vocabulary, and low frequency words. According to him, the
choice of lexical items serves two purposes. First, it lends the text its uniqueness i.e., that makes
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it different from all other texts. Second, “vocabulary use carries general discourse messages
which are shared with other texts of similar types (2001a, p. 205).”
4.2.3.1 Most frequently occurring words. Frequency of a word has usually been related
to the usefulness of the word too. Thus, measuring the frequency of use of a lexical item helps
in deciding the usefulness of a lexical item (Nation, 2001). The same argument can be
extended to suggest that knowing the frequency of a word in a specific genre will prove helpful
in understanding the focus of the genre and will also help in coding and decoding such genre
more effectively. It is a tedious procedure to count the most and least frequently occurring
words in a long text, however, use of technology has made the job less difficult. As CGA
framework encourages the incorporation of corpus tools to conduct textual analysis of a genre,
a free corpus tool Antconc (3.4.4w) was used to identify the most frequently and least
frequently used words therein. The findings are presented in this and the following sections
of the study.
The top ten most frequently occurring words belong to the categories of articles,
prepositions and conjunctions. The most frequently words are the, of, to, and, or, a, in, shall,
be, by, with the frequency of 6470, 4605, 2070, 1860, 1763, 1722, 1649, 1318, 1104, and 1031
in the same order. To focus more on the content words, auxiliaries have not been included in
the list and for statistical accuracy Antconc (3.4.4w) software is used. MFOWs in the following
Table and the subsequent discussion stands for the Most Frequently Occurring Words. The
following Table shows the 50 most common content words used in the genre of the Constitution
(1973).
Table 4.11 Most Frequently Occurring Words in the Constitution (1973)
Sr No MFOWs in the Constitution (1973)
1 Court 598
2 Assembly 526
3 Constitution 477
4 Provincial (adj) 403
5 President 397
6 Act 379
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7 Law 355
8 Pakistan 355
9 Federal (adj) 298
10 Article 292
11 Office 281
12 Government 278
13 Province 275
14 Chief 268
15 Amendment 265
16 Minister 259
17 National (adj) 242
18 Clause 234
19 High (adj) 233
20 Parliament 210
21 Person 210
22 Majlis Shoora 209
23 Order 189
24 Eighteenth (adj) 188
25 Made (v) 185
26 Supreme 175
27 Judge 173
28 All (adv) 166
29 Day 166
30 Member 163
31 Members 162
32 Election 155
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33 Governor 154
34 Authority 141
35 Provided (v) 140
36 Provision 138
37 Respect 136
38 Period 134
39 Page 133
40 Make (v) 124
41 Case 121
42 Time 121
43 Service 120
44 General (adj) 117
45 Justice 116
46 Power 116
47 Part 113
48 Subject 113
49 Years 113
50 Speaker 111
The frequency of the first and the fiftieth words on the list have dramatic difference in
the frequency of their use. The first word on the list is Court which is used 598 times while the
fiftieth word on the list is Speaker which is used 111 time in the whole text of the Constitution.
Only two words are used more than five hundred times, two more words are used more than
four hundred times, and four words are used more than three hundred times. From the
remaining words, 14 are used more than two hundred times and 27 words are used more than
one hundred times. 40 out of 50 MFOWs belong to the Noun category of the parts of speech,
five out of fifty words are adjectives, three verbs, and only one adverb. One reason of the 80%
MFOWs being nouns is also due to nominalization which is another prominent feature of the
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constitutional genre and which has been discussed under the heading 4.2.3.5 of this study. It is
important for the general L2 learners of English language to know the MFOWs of constitutional
genre, but it is particularly helpful for law students and researchers to have this knowledge to
enhance their ability to comprehend and write legal English, effectively. A significant finding
of the study is the link between ideologies and the use of nouns. Most of the ideologically laden
words were found to belong to Noun part of the speech. The study found that the Constitutional
text, being an embodiment of national ideologies, had high a frequency of the use of nouns.
Though textual comparison was not the focus of this research, yet while comparing the two
documents, I noticed a significant preference for the use of verbs in the NEP (2009).
4.2.3.2 Least frequently occurring words. Usually low frequency words in usual texts
belong to technical category (Nation, 2001). In the text of the Constitution, however, the low
frequency vocabulary items are identified as proper nouns, religious terminologies, local /
borrowed vocabulary items, and other miscellaneous words. Use of such technical words
(Nation, 2001) in the Constitution is considerably high as compared to those in the education
policy.
Table 4.12 Least Frequently Occurring Words in the Constitution (1973)
Sr No LFOWs in the Constitution
1 Zulfiqar (n) 1
2 Zia (n) 1
3 Zhob (n) 1
4 Zam (n) 1
5 wrongs (n) 1
6 workmen(n) 1
7 workers(n) 1
8 wireless (adj) 1
9 winding (adj) 1
10 wills (n) 1
11 weights(n) 1
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12 wealth(n) 1
13 ways(n) 1
14 waqf(n) 1
15 wafaqi (adj) 1
16 vocations (n) 1
17 vessels (n) 1
18 vehicles (n) 1
19 validated (adj) 1
20 validate (v) 1
21 vacated (v) 1
22 using (v) 1
23 usher (v) 1
24 urgent (adj) 1
25 urban (adj) 1
26 Uphold (v) 1
27 unsuited (adj) 1
28 unremitting (adj) 1
29 unreasonable (adj) 1
30 unqualified (adj) 1
31 unlawful (adj) 1
32 Universities (n) 1
33 unfit (adj) 1
34 unfair (adj) 1
35 undue (adj) 1
36 understood (adj) 1
37 understanding (n) 1
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38 understand (v) 1
39 underlying (adj) 1
40 undergoing (adj) 1
41 uncertainty (n) 1
42 ultimate (adj) 1
43 tyranny (n) 1
44 twice (adv) 1
45 Turbat (n) 1
46 trying (v) 1
47 trusts (n) 1
48 treatment (n) 1
49 treated (v) 1
50 transportation (n) 1
Out of 3035 word types, 905 word types have been used only once in the whole text of
the Constitution which lead the researcher to understand the generic preference or non-
preference in the selection of words or lexical types. The above list was prepared by taking the
last 50 words from the alphabetically generated list of the least frequently used words with the
help of Antconc (3.4.4w). Nineteen out of fifty LFOWs are adjectives, five of the twenty two
nouns are proper nouns while two are Urdu nouns, eight verbs, and one adverb. As compared
to the MFOWs, there are more adjectives on this list. However, as nouns occupy first place on
both the lists in terms of occurrence and adverbs occupy the last, the study can safely deduce
that use of adverbs is not preferred in the genre of the constitution, and that understanding of
the nouns on the list of MFOWs can lead towards a better understanding of the text of the
Constitution. Next section elucidates the use of borrowed vocabulary in the genre of the
Constitution.
4.2.3.3 Use of borrowed vocabulary. Some indigenous and traditional notions cannot
be expressed in a foreign language and thus are conveyed through local lexical items. The
analysis finds two kinds of local vocabulary items used in the genre under analysis i.e., a)
vocabulary items used without any changes, b) local words which have been modified at lexical
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inflectional level. According to Aschcroft “untranslated words” is one of the strategies to

appropriate a discourse or text (in Awan, 2010). Following are some examples of local or
borrowed lexical items:
Table 4.13 Examples of borrowed lexical items
Sr Examples Approximate Place in the text: Remarks

No. Meaning in English First use only
1 The Qaumi National Volunteers Article 63: Modified lexical item:

Razakars Explanation (m) Urdu word pluralized
(iii) by adding ‘s’ at the
end
2 Lumardar ‘Chairman’ of Town Article 63: No modification done.

Committee Explanation (m) (ii)
3 Majlis-e- Parliament Article (1)(3) No modification done

Shoora
4 Aalim Religious Scholar Article 59 (c) No modification done
5 Ulema Religious Scholars Article 59 (e) No modification done
6 Ameen Honest Article 62 (1) (f) No modification done
Place of these words has been mentioned in the Table only according to the first textual
instance in the Constitutional text. The first expression in the table the above contains example
of a modified local lexical item. The Urdu word Razakar is made plural by adding an ‘s’ at the
end. The borrowed lexical items mentioned against serial numbers 2 to 6 have been used
without any inflectional modification. In contrast to Razakars, the word ulema is used in its
Urdu plural form instead of adding s at the end of the singular counterpart aalim. Other
examples of significance related to borrowed lexical items, from the text of the Constitution,
include names of the provinces, personalities, places, and rivers etc.
4.2.3.4 Use of synonyms and repetition. Genre of the Constitution is characterized by

an abundant use of synonyms and repitition. To judiciously manage space for other sections of
the study and RQs, both these features are being discussed together. Both the features also
characterize legal English across the genres. For example, Haigh (2004) points out the
following synonyms used in legal English: Assign/ transfer, Breach/ violation, clause/
provision/ paragraph/ article, Contract/ agreement, Default/ failure, Lessee/ tenant, Promise/
assurance/ undertaking, Void/ invalid / ineffective (p.32). Though Tables 4.10 and 4.11 show
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nouns to be the most prominent part of speech occurring in the text of the Constitution (1973),
a further analysis reveals that the most frequent use of synonyms has taken place in case of
adjectives.
Article 62 (1) (f) states in connection with the qualification for membership of Majlis-
e-Shoora that a person cannot obtain this membership unless “he is sagacious, righteous, non-
profligate, honest and ameen, there being no declaration to the contrary by a court of law […].”
In this example clause of the Article, five adjectives are used in one sentence, including an
Urdu adjective. The adjective ameen is used as one of the qualification criteria to obtain
membership of the Parliament. Another examples of the use of qualifiers is Article 33 which
discourages any sort of prejudices. The Article uses again five adjectives in a row in one
sentence.
Text Box 4.2 Example of cluster use of adjectives
“The State shall discourage parochial, racial, tribal, sectarian and provincial
prejudices among the citizens (Constitution (1973), Article 33).”
In this sentence, five qualifying words are used with one noun prejudice. The purpose
of using a series of adjectives is to clearly convey the Constitutional message through all
possible relevant shades of the meaning making the expression all inclusive. This cluster use
of adjectives contributes towards semantic repetition of an expression.
4.2.3.5 Nominalization. Nominalization is a known feature of legal language. It mainly

happens because technical words or terms have usually been legally defined as nouns and not
as verbs. Nominalization is a process of changing a verb or adjective or any other part of speech
into a noun (Leech, 2006). At discursive level it also means transforming actions into concepts,
place, things, and persons. Nominalization is a morphological process that is to be avoided
because it makes the text long and non-dynamic (Haigh, 2004, p. 44). One reason behind this
transformation may be attributed to the requirement of a neutral and impersonalized expression.
Another important reason to transform verbs into nouns (Williams, 2005) is to bring the
expression in conformity with the legally defined nouns and hence, procedures.
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The Constitutional genre under analysis shows this linguistic feature of transforming
verbs into nouns in abundance. Nominalization has been found as one of the main reasons
making the sentences lengthy in the text. The analysis also yields and important observation
regarding nouns placed before adjectives on contrary to the common use of adjective before
noun. Following is an example from the Article 54(3) of the Constitution which states that “on
a requisition…the Speaker shall summon the National Assembly to meet, at such time and
place as he thinks fit, within fourteen days of the receipt of the requisition […].” The italicized
parts of the sentence are examples of nominalization. Instead of using the phrase on receiving
the request or when required, its nominalized version has been used because requisition is a
legally defined procedure and thus the preferred expression.
4.2.4 Textual Expression of the Amendments in the Constitution.
Current text of the Constitution has been amended 22 times resulting in textual changes
of great interest to genre studies. The amendments are found to be both minor and major
depending on the scope of change.
This analysis finds a variety of textual manifestations of amendments in the genre of

the Constitution.
a) Substitution of the Part/s of the Constitution
b) Substitution of existing Articles with the new Articles
c) Revision of the paragraph body of an existing Article
d) Substitution of a Clause/s of an existing Article
e) Insertion of Explanation/s to an existing clause in an Article
f) Insertion of a new Article
g) Insertion of a new clause in an Article
h) Revision of the existing explanation
i) Insertion of a Schedule
j) omission of a Schedule
k) Repealing of previous amendments

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Textual analysis of this aspect of the genre of the Constitution is inevitable to enable
the study to have a clear picture of the genre or to “see the whole elephant” (Bhatia, 2017, p.5).
The study will keep the number of examples limited to avoid deviation from the scope of the
study. An in-depth analysis of the genre yields the observation that the amendments seem to
take place at all linguistic levels and may be grouped under the following six categories:
a) Substitution
b) Addition
c) Insertion
d) Omission
e) Revision
f) Repealing of previous entries.
I will explain these categories in the following subsection of the chapter.
4.2.4.1 Genre amendment through substitution. Instances in which one text option has
been replaced with the other have been grouped under the category substitution in this analysis.
These amendments take place at the levels of lexis, clause, syntactic and discourse.
4.2.4.1.1 Substitution at the level of lexis. It is specified here that the examples in
after amendment column have been taken from the currently functional text of the Constitution.
The examples of the substituted texts have been further labeled according to linguistic levels.
The replacing instances in column after amendment may, at places, not fall at the same
linguistic level.
Table 4.14 Examples of Substitution (Lexical Level)
Sr No After Before Place in the

amendment amendment text
1 Balochistan/ Baluchistan/ Article 1

Sindh Sind
2 Ten Thirty Article 1
3 Beyond Within Article 172,

clause (2)
128
4 Forty-five Forty Article 193,

clause (2)
5 Inviolable Basic Article 5,

clause(2)
Article 1 contains amendments in the spelling of the names of two provinces, resulting
from eighteenth amendment Act 2010. An interesting amendment is observed at prepositional
level at serial number 4 of the table. Only a few examples fall at the level of morphology.
4.2.4.1.2 Substitution at the Level of Phrases. Some of the amendments under the
category substitution take place at the level of phrase. Here the phrase level is specified to the
substituting text, the substituted text, however, may be a word or a phrase. Table 4.15 exhibits
examples of amendments linguistically expressed at the level of phrase.
Table 4.15 Examples of Substitution (Phrasal Level)
After Before Place in the

amendment amendment text
1 Khyber North West Article 1

Pakhtunkhaw Frontier
2 One hundred Ninety Article 61

and ten
3 Or is deemed Assented Article 75,

to have clause (3)
assented
4 One hundred Four Article 89, sub

and twenty months paragraph (ii)
days
5 Federal President Article 99,

Government clause (2)
6 In the name of President Article 99,

the President clause (2)
7 Ninety days Three

months
8 Provincial Governor Article 139,

Government clause (2)
129
9 The Federal Either list Article 144

Legislative
List
4.2.4.1.3 Substitution of Numbers. The analysis also finds changes in numbers.

Numbers are used in the genre of the Constitution to tell the count of some entity. But
frequently, numbers are used in the text to show inter text references. For example, Figure 5
replaced Figure 3 in Schedule 3.
4.2.4.1.4 Substitution at the Level of Punctuation. The punctuation related

substitutions don’t take place to remove some language error but to manipulate the existing
text to make room to add more text to it. It is also important to note that the constitution does
not have a single example of exclamation mark. Following are two examples of the substitution
at the level of punctuation.
Table 4.16 Examples of Substitution (Punctuation Level)
Before
Sr No. After amendment Place in the text
amendment
1 Semicolon (;) + the word Full stop (.) Article 38(f)

‘and’+ Clause (g)*
2 Colon (:) + two provisos Semicolon (;) ‘and’ Article 128
4.2.4.1.5 Substitution at the Level of Syntax. Substitution of syntax is quite

common in the text of the Constitution. This change takes place at the level of one clause,
multiple clauses are the whole sentence. Some of the examples are given below:
Table 4.17 Examples of substitution at the level of clause/ syntax
Sr No. After amendment Before amendment Place in the text
1 ..and whenever I am called I will discharge Schedule 3

upon to act as Governor, I
will discharge
130
2 Having at least fifteen years Who are well versed Article 203C,
of experience in Islamic in Islamic law clause (3A)
law, research or instruction
4.2.4.1.6 Substitution at the level of discourse. The analysis comes across

instances of Substitution at the level of discourse also. At numerous places the complete text
of an Article or clause has been revised without bringing changes in the format of the text. It is
not feasible to present changes at discourse level, in tabulated form so it is preferred not to use
tabulated presentation of the examples. Following are examples of a few of the amendments
made at the level of discourse.
Text Box 4.3 Article 6 (1) on High Treason before the amendment
“Any person who abrogates or attempts, or conspires to abrogate, subverts, or attempts, or

conspires to subvert the Constitution by use of force or show of force or by other
unconstitutional means shall be guilty of high treason.”
The clause specifies the actions, and the specific modes in which if these actions are
performed, will lead an individual to the guilt of high treason. The text in example 2 contains
two main verbs “abrogates”, and “subverts” and three ways to commit each of the act, i.e., 1)
the act itself, 2) an attempt to do the act, 3) and conspiracy to commit the act. The clause was
amended through Amendment Act 2010. The substituting version of the 1973 Constitution
contains the following text as:
Text Box 4.4 Article 6 (1) on High Treason after the amendment
“Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or

conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of
force or show of force or by any other unconstitutional means shall be guilty of high
treason.”
In the substituting text, the number of acts has been doubled to four, however, the ways to
undertake the acts have been reduced to two. A comparison of the scheme of presentation of
the verbs in both the versions of the text follows.
131
Table 4.18 Comparison of the use of Verbs before and after the amendment
Article 6 (1) before the amendment Article 6 (1) after the amendment
Actions Mode of Means of act Verbs Mode of act Means of act

commitment commitment commitment commitment
(to) 3rd person + (by) use of force (to) (by) use of force
abrogate Verb abrogate
Show of force × Show of force
Attempts to
Other Attempts to Other
(verb)
unConstitutional (verb) unConstitutional
Conspires to means means
Conspires to
(verb)
(to) (to) (verb)
subvert subvert
× (to)
suspend
× (to) hold
in
abeyance
Another example of substitution is the Articles 91 which was completely substituted

by the Eighteenth Amendment, replacing eight clauses with ten. The second category of
amendments is Addition. The analysis considers this category as distinct from Insertion.
4.2.4.2 Amendment through insertion. Changes are not only about replacements but
also insertion and deletion/ omission. Following are some examples of insertion at different
textual levels.
Table 4.19 Examples of amendment through insertion
Insertions Linguistic level Placement
1 Freely Lexis Annex ‘Objective

Resolution’, para 6
2 Or collaborating Phrase Article 6(2)
3 Clause 2A Discourse After Article 6 (2)
4 Article 10A Discourse After Article 10

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5 Article 17(1),(2),(3) Discourse Article 17
6 25A Discourse After Article 25
7 Mingora Lexis Article 198, clause

(3) after the words
Abbottabad
8 Article 51(1), (2), Article 51 Article 51

(3), (4), (5), (6)
4.2.4.3 Amendment through omission. Omission, another form of Constitutional

amendments, is indicated through square brackets and three asterisks within and having the
number of omission superimposed on left side of the bracket i.e., [***]. The omissions are
explained in the footnotes. For example, the whole Article 71 was omitted by the Constitution
(18th Amendment) Act 10 of 2010. However, the Article number is not omitted from the text
of the Constitution. It is rather indicated as “71. 33[***]” and is assigned a foot note number,
in this case 33. The detail of the Article, as it was, is provided in the footnote numbered 33.
Indication of the omissions and the comments on them prove helpful for the reader to see
historical development of the Constitution and thus are important feature of the genre of the
Constitution. Another example of omission is Article 25 in which only one word “alone” is
omitted. The omission is interesting from linguistic perspective as, the addition and omission
of the word convey almost opposite menaings.
Omissions, like other forms of amendment also take place at different linguistic levels
in the Constitution. Some examples of omissions are presented in a tabular form. However,
only a few are discussed in the following paragraphs:
Table 4.20 Examples of amendment through omission
Sr No Omissions Linguistic level Placement
1 Alone Lexis Article 25, clause 2
2 And Lexis Article 38, paragraph

(e)
3 To be elected after the term Clause + Article 41, clause 3

specified in Numerical
clause (7)
133
Symbol
4 Clauses (7), (8), (9) Discourse Article 41
5 Article 71 Discourse After Article 70
6 For a period exceeding two Phrase Article 203C,

years clause(4)
7 On capital gains Phrase Fourth Schedule
The first tabulated example of omission takes place in Article 25 of the Constitution
1973. The word “alone” has been omitted, and indicated as [***]1, to avoid the bias and to
make the expression more neutral or politically correct.
Text Box 4.5 Example 1 of Omission
Article 25: “Equality of citizens.− (1) All citizens are equal before law and are entitled to
equal protection of law. (2) There shall be no discrimination on the basis of sex [***]1. (3)
Nothing in this Article shall prevent the State from making any special provision for the
protection of women and children.”
Another example of omission at the level of word takes place in Article 38 (e) in which
the word “and” is omitted from the end of the clause. A potential reason may be to avoid
correlation between (e) and (f) clauses of the Article.
Article 38(e): “reduce disparity in the income and earnings of individuals,

including persons in the various classes of the service of Pakistan; 15[***]”
Following is the example of the omission made at the level of phrase:

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41 (3): “The President [***]17 shall be elected in accordance with the provisions of
the Second Schedule by the members of an electoral college consisting of...”
While omissions and explanations help a reader to get a deep understanding of the
Constitution as emerged chronologically, the text hedged with these omissions and
explanations hamper the reading flow and fluency of the text. A common reader who wants to
read the text of the Constitution for the sake of knowledge takes considerable amount of time
to make sense of the use of different brackets and * symbols. Even if they overcome this genre-
related difficulty, the challenge of numerous internal references stands next in the line to be
surmounted. This genre-specific feature is discussed next. The number of omissions in each
Chapter are given below:
Table 4.21 Constitutional Articles and Omissions with reference to Chapters
Parts Chapters Total Omissions

Articles
1 Introductory - 07 00
2 Fundamental Rights Fundamental Rights (1+) 00
and Principles of 24
Policy
Principals of Policy 12 00
3 The Federation of The President 9 00

Pakistan
Majlis-e-Shoora 40 01
(Parliament)
The Federal Government 17 02
4 The Provinces The provincial Assemblies 23 00
The provincial 13 02
Governments
5 Relations between Distribution of legislative 4 00
Federation and powers
Provinces
Administrative Relations 8 00
between Federation and
Provinces
Special Provisions 8 01
135
6 Finance, Property, Finance 7 00

Contracts and Suits
Borrowing and Audit 6 00
Property, Contracts, 3 00
Liabilities and Suits
7 The Judicature The Courts 2 00
The Supreme Court of 17 00
Pakistan
The High Courts 12 00
Federal Sharia Courts 13 02
General Provisions Related 11 02
to the Judicature
8 Elections Chief Election 09 00
Commissioner and
Election Commissions
Electoral Laws and the 06 00
Conduct of Elections
9 Islamic provisions - 05 00
10 Emergency - 06 00
Provisions
11 Amendment of - 02 00
Constitution
12 Miscellaneous Services 03 00
Armed Forces 03 00
Tribal Areas 02 00
General 12 00
Interpretation 05 00
Title, Commencement and 02 00
Repeal
Transitional 22 01
Maximum number of omissions have been made in Part seven of the Constitution
which handles provisions related to the judicature. The statistical fact is also a tell-tale of how
different forms of government were constitutionalized making changes in the judicature of the
country. The Number of total omissions in each Part of the Constitution are provided below:
136
Table 4.22 Constitutional Articles and Omissions with reference to Parts
# of
S No Parts Omissions
Articles
1 Introductory 07 00
2 Fundamental Rights and Principles of 37 00

Policy
3 The Federation of Pakistan 66 03
4 The Provinces 36 02
5 Relations between Federation and Provinces 20 01
6 Finance, Property, Contracts and Suits 16 00
7 The Judicature 55 04
8 Elections 15 00
9 Islamic provisions 05 00
10 Emergency Provisions 06 00
11 Amendment of Constitution 02 00
12 Miscellaneous 20 00
4.2.5 Achieving the coherence.
The Constitution sounds like a well-documented piece of rhetoric which cleverly uses
coherence and cohesion and manipulates all available devices to maintain both. Coherence in
the text of the Constitution has been observed at different levels and has different
manifestations. The structure of the Constitution is blamed as incoherent like the country’s
137
legal system (Arshad, 2014). However, the analysis has identified different ways to create
coherence in the text. The conceptual coherence is achieved through the following strategies:
a) Thematic grouping of the Articles and clauses,

b) Seriation of different discursive components (Articles, clauses)
c) Labeling omissions and amendments
d) Interdiscursive reference
e) Intra-discursive or intra-textual references
f) Referential expressions
g) Use of cohesive devices
Even the seemingly non-coherent seriating of the Article numbers contains thematic and
conceptual linkage. One such examples of coherence is Article 203, ‘High Court to superintend
Subordinate Courts’, is followed by Articles 203A, 203B,203C, 203CC, 203D, 203DD, 203E,
203F, 203G, 203GG, 203H, 203I [omitted], and 203J. All the Articles in the series, from 203A
to 203F show some thematic unity with the Article 203. Similarly, the consecutive Articles 29,
30, 31, 33, 36, 37 and 40 of the Constitution of Pakistan, 1973 state the parameters for the
formulation of Education Policy.
Similarly, to achieve coherence in the text, intertextual references also prove helpful.
Moreover, interdiscursivity has been described by Bhatia (2017, p.35) as innovative attempts
to create forms of hybrid and relatively novel constructs by appropriating or exploiting
established conventions or resources associated with other genres and professional practices.
Eighteenth amendment is a good example to show interdiscursivity as one can easily point out
the language MDGs adopted for some parts of it.
Along with intertextuality, intra-textuality is a unique characteristic of the language of

Constitution. Article 175(3) of the Constitution is a good example of intra-textuality. It states
that “[Provided that the provisions of this Article shall have no application to the trial of persons
under any of the Acts mentioned at serial No.6, 7, 8 and 9 of subpart III of Part I of the First
Schedule, who claims, or is known, to belong to any terrorist group or organization using the
name of religion or a sect.”
Related to interdiscursivity, not only the use of numerous words from different
disciplines were noted but too frequent references from within the text of Constitution were
138
also observed during the textual analysis. These references were made in both directions,
backwards and forwards.
The analytical study discovers that the text of the constitution achieves coherence
through different devices and tools. Some of the devices and tools yielding coherence have
been discussed independently in the following sections.
4.2.6 Use of references.
Genre of the Constitution is replete with intra text references. Articles, clauses,
paragraphs, are either dependent or are connected to other Articles, clauses, and paragraphs.
This dependency and connection is expressed through making references according to numbers
of the Articles, clauses and paragraphs. Intra-text references take place in the following two
directions:
a) Forward references (cataphoric)
b) Backward references (anaphoric)
The analysis in this section also takes note of intra-text references taking place at the
following linguistic levels:
a) Reference to paragraph/s
b) Reference to clause/s
c) Reference to Article/s
d) Within the Article
e) Outside the Article
f) Reference to Schedules
g) Reference to Preamble
Intra-text references usually refer to another Constitutional fact located in forward or

backward direction of the text. Some of these references, however, refer to more than one
paragraphs or clauses from the same Article or different Articles. The study takes liberty to
term such references as ‘cluster-references’. An example of the cluster references is Section 61
“Other provisions relating to Senate.” In its opening clause it states, “the provisions of clauses
(2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate
139
as they apply to the National Assembly […].” (1973 Constitution of Pakistan). Clause (4) of
Article 160 “National Finance Commission” is a good example of reference within the Article.
It refers to paragraph (a) of clause (2) and clause (3) within the same Article.
The Constitution has seven schedules which work as in-text annexures. Article 70(4)
refers to the schedule 4 in this manner: “In this Article and the succeeding provisions of the
Constitution, Federal Legislative List means the Federal Legislative List in the Fourth
Schedule.” Article 41(3) refers to the provisions of Second Schedule, to know to process of the
election of the President by the members of Electoral College. Article 42 refers to the Third
Schedule to know the format of oath of President before the chief justice. Similarly, Article
64(2) also refer to the Third schedule for the format of oath of the members of the Senate.
The textual analysis of the Constitution reveals the number of ways in which it may be
classified as a non-traditional genre. It seems to be engineered with great linguistic skills
instead of being merely written. The textual analysis of the Constitution reveals that rules and
regulations in it are stated in non-conventional ways. These rules are general and are meant to
be for all citizens unless specified for special addressees. The document is a public document
and so it is required to be general in nature, not specifically drawn towards certain individuals.
According to Fuller the rule of law also requires that law be relatively certain, clearly
expressed, open, prospective and adequately publicized (in Dworkin, 1965).
4.2.7 Use of definitions.
Interpretation of the Constitutional genre is dependent on the definitions of certain

words, terms and expressions used in the Constitutions. The definitions themselves are part of
the Constitution. It balances the textual complexity and is rather an effort to make it clear and
certain.
Article 7 is of supreme importance as it defines the word State as is used and as it is to be

interpreted by the reader. It states “In this Part, unless the context otherwise requires, "the State"
means the Federal Government, Majlis-e-Shoora (Parliament), a Provincial Government, a
Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered
to impose any tax or cess.”
140
4.2.8 Use of modal auxiliary verbs.
Modal auxiliaries set mood of the text or conversation and hint at the modality, i.e.,
likelihood, probability, of the same, hence, to determine the mood of the genre auxiliaries have
been analyzed with due interest. However, in legal genre, modal auxiliary verbs are not used
as mere elements of tense, aspect and mood. In the Constitutional text these are used to achieve
precision and to direct the public actions.
Use of modal auxiliary verbs in various legal genres has got the attention of language
analysts due to their varied use from the normal discourse. A modal, in English grammar is a
verb that combines with another verb to indicate mood or tense to show necessity, probability,
and uncertainty or similar other possibilities related to the verb.
Analytical works done on the use of Modal auxiliary verbs focus on their different
aspects. As a category of scale, as suggested by Lyons (1968), the modal auxiliary verbs may
be categorized into a larger or smaller number of subdivisions (e.g. certainty, probability,
possibility, or stronger and weaker, or different kinds of obligation and necessity etc.). Without
getting into debate of different interpretations of modal, semi-modals and marginal modals,
this section will remain focused on what most linguists agree upon as core modal auxiliary
verbs which include Shall, Will, May, Might, Would, Can, Could, and Should.
These modal auxiliaries have been used total 1913 times in the Constitution of Pakistan
as analyzed through AntConc (3.4.4w) software. Frequency of the use of these core ten modal
auxiliary verbs in the text of the Constitution is presented in the table below:
Table 4.22 Frequency of the use of modal auxiliary verbs
Sr No Modal Auxiliary Verbs Frequency
1 Can 4
2 Could 3
3 May 461
4 Might 1
5 Must 0
6 Ought 1
141
7 Shall 1318
8 Should 4
9 Will 109
10 Would 12
Shall, may, and will take lead in the frequency of use in the same order. Use of shall
shows the binding nature of the constitutional clauses. In contrast to the use of may and can
to convey permissiveness, shall and will convey a sense of compulsion shall is the most
frequently occurring verb in the text and conveys a sense of compulsion and obligation to be
authoritatively enforced through the instrumentality of state powers (Gbenga, 1985).
“Before entering upon office, a Federal Minister or Minister of State shall take before
the President an oath in the form set out in the Third Schedule Article 92(2).” The auxiliary
shall is also noticed to be frequently used to assign duties and obligations through substantive
provisions. This use of shall in the Constitutional genre is very much in line with Garner’s
verdict in his dictionary of modern legal usage. He renders as correct the use of shall, confined
it to the meaning "has a duty to" and use it to impose a duty on a capable actor (1995). An
example of the use of shall follows as “[…] the Speaker of the National Assembly shall act as
President until a President is elected in accordance with clause (3) of Article 41.” There have
been arguments against this use of shall in legalese. Asprey (1992) recommends to “banish it
(=shall) entirely” (p.79) due to the lawyers’ incapacity to use it correctly in legal language.
Though, other uses of shall i.e., to describe a status, to describe future actions, or to seemingly
impose an obligation on an inanimate object are considered as incorrect (Shiess, 2005), yet
they continue to be used in legal genre on conventional authenticity.
Modal Auxiliary Verb Discursive Purpose
Shall To direct actions or impose obligation
Ascertain a status
Figure 4.13 Examples of the use of ‘Shall’

142
A few examples of the use of shall, to ascertain a status, and to impose obligation, are
presented below:
a) The territories of Pakistan shall comprise […](Article 1(2)

b) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with
respect to any matter in the Federal Legislative List. (Article 142 (a)
c) The Council shall be responsible to Majlis-e-Shoora (Parliament) 91[and shall
submit an Annual Report to both the Houses of Majlis-e-Shoora (Article
153(4)
d) The National Economic Council shall review the overall economic
condition of the country and shall, for advising the Federal Government
and the Provincial Governments, formulate plans […] (Article 156(2)
The examples a and b use shall to describe status of the territories of Pakistan, and
powers of Majlis-e-Shoora, in the same order. The examples c and d express imposition of
obligation on the Council of Common Interest and the National Economic Council,
respectively. Similarly, Article 154(3) conveys both the meanings in one sentence i.e. “The
Council shall have a permanent Secretariat and shall meet at least once in ninety days.”
The modal will is used after the first singular pronoun I and all the 109 instances occur in the
Schedules on oaths only. However, read in the context, the use of will is equal to making a
resolve. On the other hand, the auxiliary verb may is used to qualify the meaning of another
verb by expressing ability, competency, liberty, permission, possibility, probability or
contingency (Blake, 1990, 97). Surprisingly, the modal must has not been used even a single
time despite its forceful and stressing semantic power in it.
According to Halliday and Hassan (1976), and Palmer (1981), modality is the speaker’s
assessment of the probabilities inherent in the situation or of the rights and duties of the
addressee. So it is safe to say that the use of modalities in the Constitution of Pakistan help us
understand the government’s stance on the citizens’ rights and duties. Hence, the analysis
deduces that through the use of modulation auxiliary verbs (Halliday, 1985), the text indicates
the obligatory actions to be performed or procedures to be followed by the state organizations,
departments and citizens.
143
The analysis in this part of the study comes to the conclusion that the use of modal auxiliaries
in the genre of the Constitution does not follow the conventional norms of the use of these
verbs. Use of the modal auxiliary verbs in the Constitution, to borrow words from Gbenga
(1985), are not having stable or fixed meaning as they are understood and used in linguistics
and in ordinary non-legal communication.
In Constitutions, however, Modal auxiliaries are used for compelling or permissive

linguistic signals for rights and obligations (Gbenga, 1985). A very good example of a modal
auxiliary verb used in the Constitutional text differently from non-legal contexts is the use of
shall and will. In regular context these words refer to future, however, in the Constitutional
text, these are used to direct and limit actions of organizations and people.
Interpretation of these auxiliary verbs impacts and controls legal decision making at
any level. The same gives rise to a number of legal disputes and is manipulated by lawyers in
courtroom and legal proceedings.
4.2.9 Syntactic structure.
The sentential and grammatical features of the text of the Constitution were analyzed
to see the patterns of syntactic structures in the genre. The Constitution 1973 is an authoritative
document which lays down Constitutional footing for state affairs, in Pakistan, through its
Articles, Clauses and Provisos. The analysis also aims at finding out any potential
inconsistencies and exceptions to the common use of English language, as the genre is written
in legal language and follows a rigid structure to ensure and safeguard the contents of the
Constitution. The following sentence is an example of such complicated sentence structure:
Textbox 4.8 Example 1 of a complex sentence structure
Article 121: Expenditure charged upon Provincial Consolidated Fund.– The following
expenditure shall be expenditure charged upon the Provincial Consolidated Fund: –
(a) the remuneration payable to the Governor and other expenditure relating to his office,
and the remuneration payable to–
(i) the Judges of the High Court; and

(ii) the Speaker and Deputy Speaker of the Provincial Assembly;
(b) the administrative expenses, including the remuneration payable to officers and
servants, of the High Court and the Secretariat of the Provincial Assembly;
144
(c) all debt charges for which the Provincial Government is liable, including interest,
sinking fund charges, the repayment or amortisation of capital, and other expenditure in
connection with the raising of loans, and the service and redemption of debt on the security
of the Provincial Consolidated Fund;
(d) any sums required to satisfy any judgement, decree or award against the Province by
any Court or Tribunal; and
(e) any other sums declared by the Constitution or by Act of the Provincial Assembly to be
so charged.
Article 121 of the Constitution (1973) which is about Expenditure charged upon
Provincial Consolidated Funds, is an example of a long sentence structure used in the
understudy Genre. The Article contains 150 words and cannot be reproduced here due to
paucity of space, however, the sentence is broken down manually just to see how it is arranged
and to point out the number of phrases used in it:
Text Box 4.9 Phrasal Presentation of the Parts of Article 121
121. Expenditure charged upon Provincial Consolidated Fund
“NP- VP-NP- VP- NP:
(a) NP and NP,and NP:
(i) NP; and
(ii) NP;
(b) NP, including NP-Adj P-NP, PP and NP;
(c) NP- [for which Dependent Clause including NP, NP –or- NP, and NP (in
connection with NP], NP, and PP- NP;
(d) NP, VP-NP, NP-PP-PP; and
(e) NP, VP, PP, PP, NP,VP”

145
The sentence, making the whole Article, consists of 26 Noun Phrases and two
dependent clauses. And is the main conjunction used to join the phrases and occurs seven times,
while including has been used two times and in connection with once. The sentence is long due
to loads of information provided about the expenditure charged upon provincial consolidated
fund. The series of Noun phrases aiding to understand next phrases and clauses show a
hierarchical hypotactic sentence structure. Another example our long sentence is Article 40 of
the Constitution (1973).
Textbox 4.10 Example 2 of a complex sentence structure
“The State shall endeavor to preserve and strengthen fraternal relations among Muslim
countries based on Islamic unity, support the common interests of the peoples of Asia,
Africa and Latin America, promote international peace and security, foster goodwill and
friendly relations among all nations and encourage the settlement of international disputes
by peaceful means.” (Constitution, 1973, Article 40)
The sentence has 16 nouns, 8 adjectives and 7 verbs. Each adjective is used to modify
one or two nouns. The same sentence has been analyzed from the universal dependency view
point using Stanford NLP tool, webanno. The tool was used only for one sentence to visually
see connections between different parts of the sentence:
Figure 4.14 Visual Example of a long sentence from the Constitution (1973)
146
The above example sentence is long due to a long noun phrase, prepositional phrases
and coordinate and subordinate clauses. Information in such long sentences is built logically
and arranged in a linear and hierarchical manner. Mattila (2006) describes that legal text moves
from abstract to the concrete, from substantive to the procedural. The structure of the text is
consistent: the principal items are presented before secondary items, and general rules before
special conditions and exceptions. Another characteristic observed regarding the genre is the
information (over)load. The sentences are characterized by a “high density of information, and
they can be very compact and overlong” as is observed by Mattila about legal English (2006,
p. 7). The sentences are characterized by many adjectives, verbs and nouns. Due to its
authoritative nature, the syntactic structure used in the Constitutional genre is more complex
as compared to other genres of legal texts.
The Constitution is not a set of mere rules and regulations which may be adhered to or
otherwise, as per the will of the recipient. In fact the recipient, the citizens of Pakistan in this
case, must adhere to it and no other functional policies, rules, bills can be contrary to the
Constitution. Only the state can amend it after tedious procedures and strict formalities. This
high level of formality demands unambiguous textualisation and results in complicated
syntactic structures.
4.2.10 Use of adverbial clauses.
Use of conjunctive adverbial clauses is noticeably common in legal discourse. The

preamble, dated 12th April, 1973, is written in consecutive clauses with the help of clausal
adverbs. In fact, the whole preamble is a sequence of more than 20 clauses written as separate
paragraphs starting with whereas, wherein, therein, and therefore. The first sentence of the
preamble starts with the term whereas. Interestingly, the term, according to the Oxford
dictionary, may be used in two different ways, to mean in contrast and to mean taking into
consideration that. It is the second meaning which is conveyed through whereas used as
opening word for a document formal as a Constitution.
This use of pronominal adverbs like whereas, wherein, therein and similar words is a
style specific to legal genre as Bhatia (1982) states that in legislative provisions cognitive
structuring displays a characteristic interplay of main provisionally clause and qualifications
inserted at various syntactic openings within the structure of a sentence. The first two
paragraphs of the preamble start with the pronominal adverb whereas followed by eight
qualifying clauses, put as separate Paras, starting with wherein and one with therein. The eight
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Paragraphs, after the two subject clauses, starting with wherein are basically an extended
explanation of the first two subject clauses. Next para, starting with so that puts forward the
logical reason or cause of all previous Paras and leads through a series of paragraphs towards
the final undertaking by people of Pakistan’s adopting, enacting, and giving to themselves the
Constitution of Pakistan.
All the pronominal adverbs at the beginning of these clauses are capitalized to create
stress. The lengthened and complicated sentence structure in the preamble seems unavoidable
to achieve logical connection and progression.
Use of qualification and main provisionary clause is also observed in long complex
sentences. The qualification part states the requirement for a potential situation or status and
the provisionary clause states the legal consequences or outcomes. The qualifications are stated
in the form of adverbial clauses, prepositional and participial phrases.
The text structure of the preamble may be put as: “Whereas sovereignty over the entire
Universe belongs to Almighty Allah alone and the authority to be exercised by the people of
Pakistan within the limits prescribed by Him is a sacred trust; And whereas it is the will of the
people of Pakistan to establish an order;
Wherein…;
Wherein...;
Wherein...;
Wherein...;
Wherein...;
Wherein...;
Therein...;
Wherein...;
Wherein...;
So that…;
Now, therefore…;
Conscious of …;
Cognizant of …;
Faithful to…;
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Dedicated to…;
Inspired by…;
Do hereby, through our representatives in the National Assembly, adopt, enact and give
to ourselves, this Constitution. The sentences are mainly declarative in nature constituted by
dependent clauses except those in the Schedule 3 which is characterized more with
performatives. Table 4.24 shows adverbials used in the text of the Constitution with their
respective frequencies. Notwithstanding, unless, and thereof take lead in use, followed by
aforesaid, wherein, and whatsoever.
Table 4.24 Frequency of adverbials used in the Constitution (1973)
Sr No Constitution (1973)
Adverbials Frequency
1 Wherein 20
2 Thereof 60
3 Hereinafter 10
4 Proviso 8
5 Therein 16
6 Thereof 60
7 Unless 66
8 Thereupon 1
9 Thereon 13
10 Notwithstanding 68
11 Aforesaid 29
12 Whatsoever 20
13 Therefrom 5
14 Whenever 4
15 Whereas 3
16 Whereof 3
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17 Wherever 3
18 Whereby 2
19 Provisos 2
4.2.11 Passivization.
Passivized sentences are a common feature of legal genres and have been noticed in
abundance in the Constitutional genre. Passive sentences are commonly used to establish rules
without referring to the doer or doers (agentless phrases). To bring the object of the action into
the foreground (Mattila, 2006) passivized forms are used. These agentless passive formations
are used for different reasons including focus placement, theme selection, theme cohesion, or
for syntactic need to organize phrases in a complex long structure. In legal texts, however, such
agentless phrases imply either indefinite agent, who may be any person, giving more
importance to the action or the lawmaking bodies (The government/ legislators). The sole
objective is to make the Articles of the Constitution impersonal and hence, applicable to
everybody under the jurisdiction of the state. A good justification of this excessive use of
passive forms may be the need of a democratic society where, according to Rasmussen and
Engberg (1999) rules must be imposed gently in order to avoid negative reactions, and they
must in principle be applicable to everybody without discrimination. The use of the passive
voice contributes to the successful establishing and enactment of rules regulating life in society.
4.2.12 Conditionality.
The genre of the Constitution is full of instances of conditional provisions. The lexical
items commonly used to show conditionality are if, unless, provided that, subject to, so far as,
as the case may be, until,…before…, and before…shall etc.
Crystal and Davy (1969) made an interesting formulaic observation for a legal sentence
(syntax) in legislative provisions, i.e., IF X.THEN Y.PROVIDED THAT Z. CGA in this
section finds similar conditional sentences with a variety of structures. One example of a
sentence with provided that and if follows:
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Text Box 4.11 Examples 1 of Conditionality in the Constitution (1973)
“Provided that, if the election cannot be held within the period aforesaid because
the National Assembly is dissolved, it shall be held within thirty days of the
general election to the Assembly.” (Article 41(4)
Another example with if and then is given below.
“If any provision of an Act of a Provincial Assembly is repugnant to any

provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora
(Parliament) is competent to enact, then the Act of Majlis-e-Shoora
(Parliament), whether passed before or after the Act of the Provincial
Assembly, shall prevail and the Act of the Provincial Assembly shall, to the
extent of the repugnancy, be void.” [Article 143]
The Constitution is replete with ifs and buts. Lots of conditions are involved to make
Constitutional provisions clear. Article 49 is about ‘Chairman or Speaker to act as, or perform
functions of, President’. The two clauses under the Article start with if and when respectively
to state the two conditions under which the Chairman or Speaker may act as the President.
“If the office of President becomes vacant by reason of death, resignation or

removal of the President, the Chairman or, if he is unable to perform the
functions of the office of President, the Speaker of the National Assembly shall
act as President until a President is elected in accordance with clause (3) of
Article 41.”
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“When the President, by reason of absence from Pakistan or any other cause, is
unable to perform his functions, the Chairman or, if he too is absent or unable
to perform the functions of the office of President, the Speaker of the National
Assembly shall perform the functions of President until the President returns to
Pakistan or, as the case may be, resumes his functions.”
Another example of making provisional promises is Article 25A. “State shall provide
free and compulsory education to all children of the age of five to sixteen years in such manner
as may be determined by law” (25A). In this article, “[… ] in such manner as may be
determined by law” provides the State the cushioning element to make education related
provisions as per state resources and also to consider a variety of variables while considering
the resources. Use of conditionality in the genre of the Constitution 1973 finally may be
summed up to perform the following functions:
a) To avoid making absolute commitment
b) To crosslink other provisions of the Constitution
c) To accommodate the given provision within certain limitations
The study has identified almost fixed patterns of conditionality presented through
lexicogrammical structures. Some of the typical, almost formulaic, constructions of conditional
sentences as identified in the Genre of the Constitution (1973) are presented in the following
table:
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Table 4.25 Patterns of Conditionality in the Constitution (1973)
Words / phrases of Immediate context Place in the text (one

Conditionality each)
If No person …shall be required Article 22
to … if …
Unless The … shall, unless… Article 52
Provided that Provided that till …..shall Article 63A(b)
Provided further that : Provided further that, if…. Article 91(4)
Shall
Provided also that : Provided also that … shall Article 92
Subject to the Subject to the Constitution… Article 105 (1)
So far as shall, so far as … with the … Article 241
As the case may be Shall continue to…, as the Article 270C
case may be, under the
Constitution
Before…shall.. before making …shall Article 247 (6)
ascertain,
Until ..until provision in that behalf Article 119
is made..
..before… At any time beore an Order is Article 160 (6)
made under clause (4)
4.2.13 Long foot notes.
Foot notes are permanent feature of the genre of the Constitution. Purposes of the foot
notes may be described as under:
 To explain
 To clarify ambiguities
 To state exceptions
 To comment upon amendments
The footnotes in the Constitution can be unusually long depending on the purpose it
serves. There are also examples of literally long foot notes in the sense of space, with vertically
stacked-up information, sometimes having only one word or phrase in a line. An example of
spatially long foot note, vertically arranged to convey the particular kind of information related
to the Article 51 is given below:
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Text Box 4.15 Example of a long footnote in Constitution (1973)
The following Article No.51 substituted by the Constitution (Eighteenth

Amendment) Act 10 of 2010.
51. National Assembly
“[(1)There shall be three hundred and forty-two seats of the members in the
National Assembly, including seats reserved for women and non-
Muslims.(1A)The seats in the National Assembly referred to in clause (1),
except as provided in clause (2A), are allocated to each Province, the
Federally Administered Tribal Areas and the Federal Capital as under-
General
Women
Total
Balochistan
14
3
17
NWFP
35
8
43
The Punjab
148
35
183
Sind
61
14”
The above analysis of the genre from textual perspective helps to reach an
understanding that the Constitution is a highly structured formal genre with power
connotations attached to it. The prominent lexico-grammatical features include complex
syntactic structures, nominalizations, conditionality, long foot notes, comments, explanations
etc. taking place in “mutual expectancy” (Firth 1957, p. 181) as required by the objectives and
utilization of the genre.
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4.3 Criticality in CGA and the Constitutional Ideologies.
This section of the study has focused on the element of criticality, in line with the
framework of CGA, in the text of the Constitution. Although criticality in CDA is concerned
about identifying, evaluating and remedying societal actions related to social inequalities,
injustices and disempowerment, affecting certain sections of society, yet, in CGA, criticality,
to borrow Adison’s (1712) words, “focuses on excellencies rather than imperfections (in
Bhatia, 2017, p. 27).”
The critical perspective of CGA demands a probing into the intentions as well as into
both deeper and surface meanings of the given text as prepared by the experts of the
professional context, because we often find genres being exploited to convey private intentions
(Bhatia, 1993, 1995). Criticality in the CGA does not aim at finding faults with the system and
“redressing power imbalances” (Bhatia, 2017, p. 27) in society, it rather with “analytical rigor”
(Bhatia, 2017, p. 28) maintains a neutral analysis of the content of the genre. Socio-pragmatic
details and textual analysis, which were mandatory to conduct analysis of the Constitution
(1973) from socio-critical perspective, have already been discussed in early sections 4.1 and
4.2 of this chapter. To discuss the element of socio-criticality, the analysis will locate any
observable “pattern of language, ideology and power”, instances of “interaction of language
and social structures”, and “interaction between discourse and social practice (Bhatia, 2017, p.
32).”
The 1973 Constitution of Pakistan is the third Constitution which was shaped shortly
after the political crisis of 1970 and 1971, and claims to have represented the desire and will of
the people of Pakistan. The complicated process of framing a Constitution and the multitude
of contributions from a wide array of political and social quarters make it almost impossible to
analyze hidden intentions of the author. The same difficulty convinced Lawson (1994) to
maintain that the functional role of the Constitution should be paid attention to instead of the
private purposes of the lawgivers, because private intentions of authors (of American
Constitution) are irrelevant, largely unknowable and likely to be diverse. This study does not
stand in agreement with the use of the word irrelevant, however, it does second the difficulty
in reading the minds of the Constitution writers. I will build the analysis in this section of the
study using the strategies proposed by Bhatia (2004) regarding criticality.
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Constitutions are embedded in particular societies and reflect the historical, political,
cultural and the societal context in its discourse. Similarly, it defines the contours of societies
through its language. A Constitution embodies ideologies and the desired attributes for the
nation and provides the nation with a cognitive framework that controls the formation,
transformation, and application of knowledge, opinions, attitudes and social representations
(van Dijk, 2008). Though a Constitution is written by the representatives of society and shows
plurality of national aspiration, it in turn also heavily impacts the social and political discourses
and realities. The study has identified certain areas of concentration of ideologies around which
the whole text of the Constitution revolves. These areas which I am tempted to call fields of
Constitutional ideologies are discussed below. The discussion also presents lists of other words
which may be easily linked with these fields of ideologies. Due to the non-availability of any
such list of lexical items, I have handpicked these ideologically laden words from the
Constitution and the NEP and have prepared the list of 100 words. In the section 5.8 of this
chapter, I have used this list to find ideologically concentrated areas in the Constitution (1973)
of Pakistan and the NEP (2009).
4.3.1 Statement of ideals.
A Constitution carries a heavy threefold responsibility. Firstly, it must not overlook the
factors resulting into making of a nation. Secondly, it must clearly envision the future, and
thirdly, it has to be capable of determining the ways to reach the envisioned destination. The
name of the state, in the Constitution of 1973, is reiteration of the ideals and philosophy
discussed in the Pakistan Resolution of March, 1940 and can be easily related to the Quaid’s
statement that he wrote in a letter to Gandhi on 17 September, 1944. He pointed out differences
between Hindus and Muslims in certain areas:
[…] we are a nation with our own distinctive culture and civilization, language and
literature, art and architecture, names and nomenclature, sense of value and proportion,
legal laws and moral codes, customs and calendar, history and traditions, aptitudes and
ambitions-in short we have our own distinctive outlook on life and of life (Gandhi,
1944).
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Jinnah further reiterated during his presidential address to the Muslim League in Lahore
in 1940 that “Come forward as servants of Islam, organise the people economically, socially,
educationally, and politically, and I am sure that you will be a power that will be accepted by
everybody.” These statement clearly convey the ideals of the new-born country.
The Preamble to the Constitution of Pakistan briefly hints at the past and sums up the
future direction set by the founders of the nation. Ideals are predominantly socially relative
concepts and when these ideals get legal expression in the form of Constitution, they become
both emphatic and ambiguous.
The major strength of the Constitution (1973) is considered to be its being in

consistency with the Objectives Resolution. The same connection, on the other hand, has also
invited bitter criticism. During the presentation of the Resolution, Liaquat Ali had stated the
Republic of “Pakistan was founded because the Muslims of this sub-continent wanted to build
up their lives in accordance with the teachings and traditions of Islam” (1949). In the same
motion, he emphatically reiterated that Pakistanis are not ashamed of being overwhelmingly
Muslims and that they believe that they can make a genuine contribution to the welfare of the
world by “adhering to their faith and ideals.”
These ideals also contribute towards conditionality to hold certain offices or to carry
out certain businesses. The same also adds to the vulnerability of these offices to be held
accountable on breach of the required conditions. Bhatia, summarizing Swales (1981, 1985,
1990a), maintains that:
Most often it is highly structured and conventionalized with constraints on allowable
contributions in terms of their intent, positioning, form and functional value. These
constraints, however, are often exploited by the expert members of the discourse
community to achieve private intentions within the framework of socially recognized
purpose(s). (1993, p.13)
A very relevant example of statement of ideals in the Constitution is its Article 62 (1)
which details qualifications to be able to obtain membership of the Parliament. Clause 1 of the
Article, in paragraphs (a), (b), and (c) state the conditions involving citizenship, age limit,
enrollment as voter, however, paragraphs (d) and (e) of the same clause revolve around Islamic
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ideology. These conditions placed in para (d) require the potential member of the Parliament
to possess good character, and to be “not commonly known as one who violates Islamic
Injunctions.” Paragraph (e) requires him/her to be adequately knowledgeable about “Islamic
teachings and practices obligatory duties prescribed by Islam” as well as abstaining from major
sins.” Paragraph (f) of the clause enlists personality characteristics common across the globe,
religions, and communities. These characteristics can be safely called as universal positive
personality traits.
In the complete text of the Article 62, qualifying phrases i.e., “good character”,
“adequate knowledge”, “good moral reputation”, and qualifying words i.e., “sagacious”,
“righteous”, “non-profligate”, “honest” and “ameen” are semantically relative and hence,
semantically vague and lead to multiple interpretations.
During his address of 23rd March, Jinnah made it clear that Pakistan was established in
pursuit of high human ideals: “The story of Pakistan, its struggle and its achievement, is the
very story of great human ideal, struggling to survive in the face of great odds and difficulties”
(1948).
After an in-depth analysis of the text of Constitution, 12 main fields of ideologies were
uncovered. Some of these fields had significant presence of sub fields which have been
mentioned under the main fields. These ideological fields are listed below before a detailed
account of each field (and sub-field) of the Constitutional Ideologies.
1. Islamic Ideology
a. Pakistan & Islamic Ideology
b. Safeguards for Islamic Ideology
c. The Council of Islamic Ideology
2. Political Ideology
3. Power Dynamics and the Constitution (1973)
a. Governance and the Division of Powers
b. Power over Language and Expression
c. Power, Politics and Constitution
d. Power with Relation to the Armed Forces
4. Society as envisaged in the Constitution (1973)
a. Social justice & Civic life
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b. Paradigm of Pluralism
c. Social Inclusion
d. Religious Majority
e. Religious Minorities
5. Global Dimension and Social Competitiveness
6. Peace and Human Rights (inland and abroad)
7. Fundamental Rights
8. Language Matters
9. Economy and Financial Resources
10. Gender Dimension
11. Education and Allied Issues
12. Miscellaneous Foci
4.3.2 Islamic Ideology and the Constitution (1973) of Pakistan.
The State, Republic of Pakistan, was declared as Islamic Republic of Pakistan

subsequent to the passage of the Objectives Resolution and the Constitution framers believed
to have safeguarded Islamic ideology. The following subsections discuss Islamic ideology as
is presented and safeguarded through the Constitution (1973).
4.3.2.1 Pakistan and Islamic Ideology. The Constitution starts with a preamble which
contains the gist of the philosophical and ideological notions providing foundation to the rest
of the text. Article 1 of the Introductory of the Constitution redefines the territories of the
Islamic Republic of Pakistan by declaring as its parts the Provinces of Balochistan, Khyber
Pakhtunkhwa, Punjab, Sindh the Federal Capital Islamabad, and the Federally Administered
Tribal Areas. Article 1 (3) authorizes Majlis-e-Shoora (Parliament) to, by law, admit into the
“Federation, new States or areas on such terms and conditions as it thinks fit” (Constitution of
Pakistan, 1973).
Article 2 of the Constitution (1973) states “Islam shall be the state religion.” The Article
is reflection of the historical struggle, to have a separate state, spanned over decades i.e., a)
1906: when Muslims demanded a separate electorate and political party to represent Muslims
of India, b) 1920s: when they demanded provincial autonomy for India, c) 1930: when the
Muslims decided self-government within the British empire or without the British empire, d)
1947: demand for a separate homeland which got realized in 1947. Islamic ideology as the
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ideology of Pakistan, safeguarded in the Constitution, may also be taken as reiteration of the
Quaid’s address at Mardan during a public meeting on 24 November, 1945.
The Mussalmans have to struggle and struggle hard for their honorable existence…you
must work and work hard. By doing so you will contribute substantially not only to the
honour of ten corers of Muslims but to the crystallization of a free Muslim state of
Pakistan where Muslims will be able to offer the ideology of Islamic rule.
In 1949, the Constituent Assembly passed the Objectives Resolution which is sometime also
linked with Maududi’s theory of divine sovereignty or antithesis of western democracy.
Maulana Maududi declared Islam to be the very antithesis of secular Western democracy. He
supported his claim by stating that the philosophical foundation of western democracy is the
sovereignty of the people. Lawmaking is the prerogative of the people and is realized through
their elected politicians and legislation. On contrary, Islam altogether rears its polity on the
foundations of the sovereignty of God and the vicergency. Interestingly, Jinnah’s concept of
democracy was very clear as he said, “Democracy is in the blood of the Muslims, who look
upon complete equality of mankind, and believe in fraternity, equality, and liberty” (in Hassan,
2018).
The Objectives Resolution though having remained preamble to three Constitutions of

Pakistan was made part of the Constitution under Article 2-A in 1985. The Article states that
“the principles and provisions set out in the Objectives Resolution reproduced in the Annex are
hereby made substantive part of the Constitution and shall have effect accordingly.” The
Resolution is neither a parliamentarian Act nor it has some legal weightage, it is rather like
American Dream which was assumed to inspire common man and politicians both. It was
meant to be the true north for the Constitution framers. Its placement in preamble entails it to
be the reference for the Constitution to be interpreted and enacted.
The study finds the Preamble to be the most influential part of the text which is
controlling in nature and which is a reference point for most of the Articles in the Constitution.
The difference between annex and preamble is the difference between guiding principles and
determining the meanings. Addition of Article 2A changed the resolution’s status from an
annexure to a substantive part i.e. from a guiding principal to the operative law. From the genre
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view point, it is interesting to notice that how the place of a text, in the entire genre, determines
the authority of that piece of text.
The Resolution envisioned Pakistan to be a state “wherein the principles of democracy,

freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed.”
It further stated about the Muslim citizens and minorities of Pakistan that “wherein the Muslims
shall be enabled to order their lives in the individual and collective spheres in accordance with
the teachings and requirements of Islam as set out in the holy Quran and Sunnah, and wherein
adequate provision shall be made for the minorities freely to progress and practice their
religions and develop their cultures (1949).”
The resolution was vehemently opposed by different individuals and communities,

especially the non-Muslim citizens of Pakistan. On March 12, 1949, Chattopadhyay, the
Dhaka-born leader of the opposition, criticized the Resolution in the, constituent assembly, and
said that if made part of the Constitution, it would perpetuate the differences between Muslims
and non-Muslims living in Pakistan. He criticized the expression “equal rights as enunciated
by Islam” as a camouflage and a hoax. He also criticized, in the same address, Qureshi’s
perspective that the minority needs to win the majority’s good will by exhibiting the entailed
submissive behavior. He stressed that such interpretations would expect “the minorities to be
grateful for all the benevolence they get and must never complain for the malevolence that may
also be dealt out to them.”
The Objectives Resolution has remained a target of criticism by some non-Muslim and
Muslim critics, since its passage. Even some Mulsims, of the stature of Maududi, commented
at the Resolution as “a rain which was neither preceded by a gathering of clouds nor was it
followed by vegetation.” Haqqani described Pakistan as a “global center for political Islam”
(2005, p. 131). The bitterest criticism on the Resolution came from a former Chief Justice of
the Supreme Court of Pakistan. Justice Munir stated in the Munir Report that the Resolution
though grandiloquent in words, phrases and clauses is nothing but a hoax (1954).
The national debates over the kind of nation, state and the envisaged society led to
compromises being made with the liberal, secular as well as the religious lobby. As a result,
the Constitution of 1973, a consensus document, became riddled with internal contradictions
regarding citizenship. The resolution was made part of the Constitution of Pakistan 1973 under
Article 2A.
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Some instances of mutual nonalignment of the concepts in the Constitution have been
denigrated by critics like Saigol (2009; 2015) who describes the Constitution of 1973 as riddled
with internal contradictions. Saigol specially points finger at the contradiction between Articles
2, 25, and 41(2). The Article 41(2) (being Muslim as one of the requirements to become
President of the State) may appear contradictory to the Articles 2 (Islam to be the State
religion), and 25 (equality of citizens), however, such contradictions are inherent feature of
legal genre which usually results from abundance of exemptions and qualifications. Moreover,
the phrases “within the limits prescribed by Him” and “as enunciated by Islam” are also mauled
by critics. The prevalent sectarianism offers indeterminate religious interpretations to the
“prescribed limits.” Main objection by the critics is regarding the preamble of 1973
Constitution / Objectives Resolution is the fear that its Islamic provisions may be interpreted
subjectively by the ones in power.
Saigol (2009) believes that Quid tried to deemphasize the role of religion in the state
affairs but that after his death, his successors in power drew upon religious nationalism to
formulate state policies. However, according to Rizvi (2014), the main concern of Muslim
political leaders of pre-independence era was to protect and advance Muslim identity, rights,
and their interests. These leaders adopted different strategies from the beginning of the
twentieth century till 1947 to achieve the objective.
It is important to note if political changes since 1973, and Constitutional amendments

since the same era brought revisions to these defining concepts. As a matter of fact, it did not
happen. Though some of the non-Muslim citizens of Pakistan view this consistency as using
religion as a weapon, in the hands of the ruling classes, to attain, maintain and enhance class
power and to perpetuate their power and prolong their tenures (Saigol, 2009), the Muslim
community and the government view it as positively safeguarding state identity and security.
To reach the correct meanings of any given genre it is necessary not to ignore the
historical factors contributing to its formulation. Religion played the major role in the
formation of Pakistan. The analysis has found a very strong connection between the preamble
and the addresses of the founder of Pakistan. Jinnah, addressing the students at Islamia College
Peshawar said, “We do not demand Pakistan simply to have a piece of land but we want a
laboratory where we could experiment on Islamic principles (1946).” Yet, much early after
being disappointed with his efforts for a united India, he said, at the second round table
conference, “Until you do not give guarantee for the safeguard of the Muslim interests, until
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you do not win their (Muslims) co-operations, any Constitution you enforce shall not last for
even 24 hours (1913).” He also was clear about the political preferences of Pakistan by sharing
his vision with the Frontier Muslim Students’ Federation, on 18th June, 1945, that “Pakistan
not only means freedom and independence but Muslim ideology, which has to be preserved
which came to us as a precious gift and treasure and which we hope, other will share with us.”
Some critics still believe that the Constitution 1973 is biased and that it promotes
Muslims (Saigol, 2009). Other critics take the first Constitution back to the “two-nation theory”
by speculating that in a representative system of government, in pre-partition politics it was
necessary to gain support from Muslim majority as a “strategy to use religious and cultural
symbols and slogans in mobilizing the illiterate masses (Parveen, 2013, p. 143).”
After a few conditional clauses in the Preamble, the pronoun we, is used to describe the
“people of Pakistan.” The pronoun we is followed by qualifying words like conscious,
cognizant, faithful, dedicated, and inspired before declaring that we “do hereby, through our
representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.”
The sentence taking place a little before the collective commitment is made, clearly requires
that the citizens of Pakistan, at any point in time in near and remote future, would be knowing
about the “unremitting struggle of the people against oppression and tyranny (Constitution of
Pakistan, 1973),” and that they remain dedicated to the preservation of democracy. The
adjectives used for the people of Pakistan, hint towards certain presuppositions and
entailments. It presupposes that the people of Pakistan are Conscious, Cognizant, Faithful,
Dedicated, and Inspired with reference to the given context. This presupposition may be correct
in the temporal and spatial context when Pakistan was still a newly established state and the
people of Pakistan had lived through the sacrifices and hardships, in one way or the other, in
attaining independence.
The expression ideology of Pakistan was identified as many as two times and Islamic ideology
14 times in the text of the Constitution. The Article 62(g), taking about the qualifications for
membership of Majlis-e-Shoora (Parliament), states that that “he has not, after the
establishment of Pakistan, worked against the integrity of the country or opposed the
ideology of Pakistan.” Moreover, the Article 64(g) asserts that an elected member of
the Parliament will be considered disqualified if “he has been convicted by a court of
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competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial
to the ideology of Pakistan.” The expression Islamic ideology has been used in the
constitutional text to mainly refer to the Council of Islamic Ideology. Further discussion
on the concept of ideology in the text of the constitution has been maintained in the
section 4.3.2.2.
In this connection, the study suggests that the same level of presupposition cannot be
expected from the succeeding generation without making continuous efforts to make the
coming generations conscious and cognizant of the responsibilities and sacrifices, as stated in
the preamble. Hence, the preamble entails for the state to carefully strategize at different levels
to ensure that qualifying adjectives stand true for all the generations of the people of Pakistan.
The study establishes that Preamble to the Constitution sums up the ideology of Pakistan. The
safeguards adopted by the Constitution to preserve Islamic ideology are analyzed in the
following section.
4.3.2.2 Safeguards for Islamic Ideology. The Constitution has such strong safeguards for
Islamic ideology that even political ideology of Pakistan cannot be discussed without referring
the Ideology of Pakistan. Article 1 of Part 1(Introductory) of the Constitution redefines the
territories of the Islamic Republic of Pakistan by declaring its parts the Provinces of
Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh the Federal Capital Islamabad, and the
Federally Administered Tribal Areas. The same Part of the Constitution (1973), describes the
state as Federal Republic which means the President of Pakistan is an elected citizen of Pakistan
and that the state does not have hereditary or monarch based system of the government. Each
President has to be elected and cannot be placed just out of hereditary succession order. Article
1 (3) authorizes Majlis-e-Shoora (Parliament) to, by law, admit into the “Federation, new States
or areas on such terms and conditions as it thinks fit.”
The role of Islam was defined for the first time in the Constitution. It is commented
upon as a political move to ensure that Islamic Ideologies are safeguarded through the
Constitution. When Jinnah died, Islamic scholar Maulana Shabbir Ahmad Usmani described
Jinnah as the greatest Muslim after the Mughal Emperor Aurangzeb. He asked Pakistanis to
remember Jinnah's message of Unity, Faith and Discipline and work to fulfil his dream, “to
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create a solid bloc of all Muslim states from Karachi to Ankara, from Pakistan to Morocco. He
[Jinnah] wanted to see the Muslims of the world united under the banner of Islam as an effective
check against the aggressive designs of their enemies (1948).” The leftists of the ruling party
then viewed the Constitution as a compromise over religious rights.
Text Box 4.16 Article 2A and the Objectives Resolution
The Objectives Resolution to form part of substantive provisions: “The principles

and provisions set out in the Objectives Resolution reproduced in the Annex are hereby
made substantive part of the Constitution and shall have effect accordingly.” (2A)
The 1973 Constitution ensures safeguarding of the state ideology by including the
Resolution in it and protecting it through certain Articles and Clauses. The Constitution starts
with a preamble which is built upon the foundation of strong ideological and philosophical
notions discussed in the next section in detail. The 1973 Constitution of Pakistan is not the first
or the only Constitution which is based on the Objectives Resolution. The Objectives resolution
was made part of the preamble to the Constitution under the Revival of Constitution Order of
1985. Under the Article 2A, the Resolution was made substantive part of the Constitution: The
Resolution, highlights the principles of “democracy, freedom, equality, tolerance and social
justice.” These principles were strongly recommended, by Liaqat Ali Khan in 1949, to be
observed in the Constitution (1973) as they have been enunciated by Islam.
However, problems regarding its interpretation had already arisen around 1949. It
became obvious when in 1949 at the time of the formulation of the first Constitution, the
government drew a lot of criticism from the representative of minority groups. The Objectives
Resolution itself drew quite an amount of slings and arrows. It is important to mention here
that the proposer of the Resolution is undoubtedly considered one of the best politicians in the
history of Pakistan. It is an undeniable fact that Pakistan became a viable and functional state
within a few years of its being, on account of dedication, honesty and hard work of its early
leadership of Jinnah and Liaqat (Kizilbash, 1985). He holds the subsequent leaders responsible
for the present existential crisis.
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The Objectives Resolution was not the first presentation of the state ideology, it only
was made the substantive part of the Constitution, for the first time, in 1973. Ideology presented
in the preamble of the Constitution of 1973 can be seen as continuation of or linked with the
two nation theory before partition. It is rarely known that the Resolution itself was based upon
Allama Iqbal’s philosophy expressed in a letter written by him to the Quaid. The letter was
later published in 1942.
Similarly, the Article 41 ‘The President’ is an example of the Constitutional strategy to

safeguard the state ideology and interests. In the same connection, Schedule 3, Oath of
President that takes pledge from the office of President, in accordance with Article 42, requires
the president of Pakistan to promise under oath to “strive to preserve the Islamic Ideology
which is the basis for the creation of Pakistan” and to “preserve, protect and defend the
Constitution of the Islamic Republic of Pakistan (Constitution, 1973).” Similarly, oaths for the
offices of the Prime Minister, Federal Ministers of the State, Speaker of the National Assembly,
Deputy Speaker of the National Assembly, Member of National Assembly or Senate, Governor
of a Province, Chief minister or Provincial Minister, Speaker of a Provincial Assembly, Deputy
Speaker of a Provincial Assembly, and Member of a Provincial Assembly, in accordance with
Articles 91, 92, 53, 53(2), 65, 102, 130(5) & 132(2), 53(2) & 127, 53(2) & 127, and 65 & 127
also contain the same promise to protect and preserve Islamic Ideology.
Article 62, in this connection, in its clause (1), in paragraph (g), determines qualification
for becoming a member of the Parliament only if, among other conditions, he “he has not, after
the establishment of Pakistan, worked against the integrity of the country or opposed the
ideology of Pakistan.” Similarly, the point has been emphasized in Article 63 which is about
disqualification for membership of the Parliament. Sub-clause (g) of clause (1) of the Article
states that “a person shall be disqualified from being elected or chosen as, and from being, a
member of the Majlis-e-Shoora (Parliament)”, even if one of the series of conditions from (a)
to (l) applies to him. The sub-clause (g) maintains the following position:
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Text Box 4.17 Disqualification membership of Parliament
“…he has been convicted by a court of competent jurisdiction for propagating any
opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the
sovereignty, integrity or security of Pakistan, or the integrity or independence of the
judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed
Forces of Pakistan, unless a period of five years has elapsed since his release.” (Article
63(1)(g), Constitution, 1973)
Article 31of the Constitution, 1973, lays down the steps to enable the Muslims of
Pakistan “individually and collectively, to order their lives in accordance with the fundamental
principles and basic concepts of Islam.” Clause 2 of the same Article shares the three ways in
which the State will make endeavors in this regard: i) making the teaching of the Holy Quran
and Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to
secure correct and exact printing and publishing of the Holy Quran, ii) to promote unity and
the observance of the Islamic moral standards, and iii) to secure the proper organization of
zakat, ushr, auqaf and mosques. The Article shows strong connection between state ideology
and the Constitution. The Word used for ideology is “to preserve.” Ideology is a certain kind
of power which survives and spreads through language. However, with reference to the
Constitution, the words “preserve, protect, and defend” are used. Use of these words clearly
means that in the Constitution, ideology does not need to be protected or defended, it rather as
an ultimate truth only needs to be preserved.
The Constitutional Articles do not stand alone and cannot be interpreted in isolation
from other Articles. At times, the provision of an Article is confined, curtailed, or made
constitutional by the provisions of other Articles for some justifiable reasons. However, no two
paradoxically conflicting articles are found in the Constitution of Pakistan.
Constraints or limitation of practice of some Constitutional Articles is not always linked

with other Articles but also with physical conditions prevailing during the given point in time
e.g. state resources. For example, some Articles contain State promises, which are inherently
conditioned to the available resources and cannot be fulfilled in totality, or can be fulfilled
conditioned to the available resources. Clause 2 of Article 29 Principles of Policy states:
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In so far as the observance of any particular Principle of Policy may be dependent upon
resources being available for the purpose, the Principle shall be regarded as being
subject to the availability of resources (Constitution of Pakistan, 1973).
Similarly, sub-clause (b) under Article 38 ‘Promotion of social and economic well-
being of the people’ maintains that the State shall “provide for all citizens, within the available
resources of the country, facilities for work and adequate livelihood with reasonable rest and
leisure (Constitution of Pakistan, 1973).”
Another measure to protect Islamic Ideology, also called the ideology of Pakistan, was
the establishment of the Council of Islamic Ideology in 1962, under the government of Ayub
Khan, to guide the President, or Governors of provinces or a Provincial Assembly in this regard.
Part IX of the Constitution gives details on the Islamic Council, Reference by Majlis-e-Shoora
(Parliament) etc. to Islamic Concil, Functions of Islamic Council, and Rules of Procedure in
Articles 228, 229, 230, and 231 respectively. The starting Article 227 of Part IX states as
follows:
Text Box 4.18 Constitutional Provision related to Holy Quran and Sunnah
“ All existing laws shall be brought in conformity with the Injunctions of Islam
as laid down in the Holy Quran and Sunnah, in this Part referred to as the
Injunctions of Islam, and no law shall be enacted which is repugnant to such
Injunctions.”
This Article asserts two resolves- the first resolve is about the present (1973) time when
the Constitution was written and the second resolve is about the future i.e., after the formal
approval of the Constitution (in this case after 1973). The resolves are: a) the existing laws (as
in 1973) to be brought in conformity with the injunctions of Islam, b) no law in future to be
enacted in repugnance to Islamic injunctions. Also the auxiliary performs two different roles
in this Article- the first use is for emphasis while the second use is for future tense. The Article
is followed by Explanation which addresses any sectarian concerns in this regard because of
the social structure of Pakistani society as discussed in early part of this chapter under the
heading Genre Recipients.
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Interestingly, this Article of the Constitution has been criticized not only by non-
Muslims but also by some powerful religious Islamic groups. Ironically, a specific religious
group (Siddiqi, 2014) criticizes the Constitution of 1973 claiming that it is not an Islamic
Constitutional system. The analysis finds the above views as biased and unreliable. Article 227
refutes both the polarized stances. The Article states that all existing laws shall be brought in
“conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah”, and
that “no law shall be enacted which is repugnant to such Injunctions.” Moreover, explanation
of the same Articles clearly states that “Nothing in this Part shall affect the personal laws of
non-Muslim citizens or their status as citizens.” The Article 227 does not apply to the
Constitution itself, so the Constitution cannot be called not Islamic. All Constitutional
provisions, including those relating to fundamental rights, judicial independence and
democracy, are equally superior, moreover, Article 227 has neither pre-eminence nor
predominance (Siddiqi, 2014). The Article 227, showcases the foundation philosophy of the
Constitution very effectively. The basic philosophy is neither in favour of raising theocratic
structure, nor letting go of the religion as a guiding star. Like all other state Constitutions,
written or unwritten, the text of the Constitution (1973) of Pakistan is ideologically encoded to
perform its intended functions.
4.3.3 Political Ideology.
Though some historians maintain that independence of subcontinent was the result of
the aftermath of WWII, and only little to do with the indigenous struggle for independence
(Kizilbash, 2017), yet the establishment of Pakistan was purely result of the efforts of the
Muslims of the sub-continent. The study is also mindful of the fact that it was Jinnah who
fiercely and untiringly worked for a combined state initially. If a person of that intellect and
stature, after all his efforts of forty years, got convinced that Hindus and Muslims cannot live
together, then the nation needs to remain aware of those differences. The Big Migration of
Muslims did not happen for a secular state and is enough evidence to tell the early
understanding of the kind of state.
Part III of the Constitution helps understand democracy as the political ideology of
Pakistan. Unfortunately, democracy has been mocked in its face many times since 1958.
During the presentation of the Constitution (1973) it was pointed out that “there were dismissals
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of cabinets, one after the other…then we said good bye to democracy… rulers of the country
not feeling the pulse of the nation, not belonging to the people, not knowing the sweating toil
of the people of Pakistan, couldn’t frame policies which reflected the will and the aspirations
of the people of Pakistan” (Pirzada, National Assembly Address, 31 December, 1972).
The Constitution of 1973 creates a parliamentary form of government and follows the
principle of federalism. The Constitution designates the President of Pakistan as a ceremonial
head of state who is to represent the unity of the state. In this connection Part IV explains
mechanics of provincial assemblies and government, and Part V explains relations between
Federation and Provinces. The first six articles of the Constitution outline the political system
as federal parliamentary republic system, and Islam as its state religion. The Parliament cannot
make any laws which may be repugnant or contrary to the Constitution, however, the
Constitution itself may be amended by a two-third majority in both the houses of the bicameral
Parliament.
Detail of the structure of the government is given in Chapter 2 of the Part III The Majlis-
e-Shoora which is about composition, duration and meetings of Parliament or the Majlis-e-
Shoora. Its Articles 50 to 66 define the Majlis-e-Shoora and National Assembly, their
respective compositions and duration, execution of the National Assembly through Speaker
and Deputy Speaker, voting in the Assembly, summoning of one or both houses of the
Parliament (the Majlis-e-Shoora), procedures for address by president, right to speak in the
Majlis-e-Shoora, dissolution of the National Assembly, composition of the senate, election of
the chairman and deputy chairman of the senate, other provisions related to the Senate,
qualification and disqualification criteria for membership of the Majlis-e-Shoora,
disqualification on grounds of defection, etc., resignation from seats, members’ oaths, and
privileges of members of the Senate.
This chapter is very important from the point of view of governance. Governance is the
traditions and institutions by which authority in a country is exercised (World Bank 2010) and
this chapter yields institutional details about the government of the country. The two houses,
Senate and the National Assembly, within the state legislature add two filters in the way of a
Bill becoming law and thus add to the vigilance and good decision making at the governmental
level.
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The chapter discusses in detail the distribution plan of seats in the National Assembly.
The number of general seats is 272, seats for women are 6, and the total number of seats are
332 for the four provinces, federally administered tribal areas, and the federal capital.
The same chapter continues to state general procedural details and legislative
procedures respectively. The Articles 67-69 lay down general procedures regarding the rules
of the House, restrictions on discussion in Majlis-e-Shoora /Parliament, proceedings and that
members of the Majlis-e-Shoora are not to be inquired by Courts. Articles 70-88 lay down
details of the legislative procedures regarding introduction and passing of Bills, joint sitting of
the two Houses, originating, presenting and passing of Money Bill, movement of Money Bill
in the Majlis-e-Shoora with consent of Federal Government, President’s assent to Bills to
change them into laws and Acts, Bill not to lapse on prorogation, etc. tax to be levied by the
authority of act of Majlis-e-Shoora, formation and custody etc. of consolidated fund and public
account, laying of annual budget statement as per procedure, expenditure charged upon Federal
consolidated fund, authentication of schedule of authorized expenditure by prime minister,
authorization of supplementary and excess grants, votes on account, power to authorize
expenditure when the Assembly stands dissolved, secretariats of Majlis-e-Shoora (Parliament),
and finance committees and control. Powers of the President to promulgate ordinances is given
in the Article 89. The word Majlis-e-Shoora is used for the Parliament and it means the
consultative assembly. This word was introduced by Ziaul Haq in 1985 on the government
principles of early Islamic era (Aziz, 2015).
Political ideology of Pakistan, has unfortunately been compromised several times. In

spite of the emphatic expression regarding Federal System, it has been violated in
institutionalized ways. There are many reasons behind the fact. This study finds it relevant to
mention Lieven (2012)’s view on the subject. According to him all the radical efforts to
improve the country, whether it was Ayyub’s secular modernizing nationalist stance, Zia’s
puritanical form of Islam, or Bhutto’s anti-elitist economic populism, failed due to one factor
“patronage politics”. Another factor is identified by Qureshi (2016, p. 55) as a “normative void”
by which he means the lack of normative framework for the smooth functioning of the state.
Non adherence or violation or superseding of the Constitution by certain individuals

and bodies seems to be contributing towards a lack of stability of institutions, policies, and
171
programs in Pakistan. The study finds it of great critical relevance to mention the eight blows,
mentioned by Qureshi (2016) in his book (p.56), which did not let the Constitutional framework
function well from 1953 to 2007. Dismissal of the elected Prime Minister in 1953, dissolution
of the Constituent Assembly and dismissal of the government in 1954, involvement of military
in politics by inducting the serving commander in chief as Defense Minister, imposition of
Martial Law in 1958, violation of the Constitutional provisions by handing over the powers to
a General instead to the Speaker of the National Assembly, dismissal of the civilian government
and imposition of Martial Law in 1977, dismissal of the elected government for military rule
in 1999, dismissal of 53 judges and dual role of the Army chief as the President of the Country
also. Aftermaths of these blows may be felt even now and may continue to impact the
Constitutional powers and practice in future, until strong measures are adopted to absorb the
shock and revamp the governance system in the country to work on strong footing. The same
resulted in frequent shifts from “civil to military rule, from parliamentary to presidential system
and from federal to unitary political structure (57).”
To be able to defy its enemies’ aggressive designs, Pakistan needs to show much higher
level of political maturity, not only in terms of legislation but also in terms of practice. While
talking about all the power and authority belonging to God, Liaqat Ali (1949) clearly
distinguished between democracy and theocracy emphasizing the government of Pakistan a
democracy in which the people, the recipients of the authority, would decide whom they wanted
to be govern by.
4.3.4 Power dynamics and Constitution.
The study identifies Power Dynamics as a distinct field of ideology. The Chairman of
the constitution Committee linked the democracy with misuse of power. He linked the
dissolution of the first Constituent Assembly with the Constitution not having identified the
source of power clearly. Power dynamics have been analyzed looking at the division of powers
of the Government, power over language and expression, power with relation to the Armed
Forces, and Power, Politics and Constitution.
4.3.4.1 Governance and the division of powers. Interpretation of Constitutional text

has controlling effect on the decisions taken by the judiciary. The legislative and the executive
branches of the government. Articles 141to 144 are about the legislative powers. However, the
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power dynamics decided in the original Constitution have been modified from time to time,
especially during the military rules.
Division of powers among the three branches of the government, and powers and
privileges of individual offices have been explained in Parts III, IV, and V of the Constitution
in detail. This division of powers, however, needs to do more to win the public’s impression of
a free judiciary or courts, or I would say until recently when investigations were made related
to panama leaks regarding the elected serving Prime Minister. The decision which was taken
to uphold the Constitution was admired and criticized from different quarters. Division of
powers at different levels has been ensured through a mechanism of advices and counselling.
For example, under the Article 58, the President has the power to dissolve the National
Assembly, however, his powers have been kept under check by conditioning the decision to
the advice by the PM and the National Assembly (NA) and further conditioning the enactment
of decision with the time frame. The Article is given in the text box below.
Text box4.19 Example of check over Presidential power to dissolve the NA
“Article 58(1): The President shall dissolve the National Assembly if so advised by the
Prime Minister; and the National Assembly shall, unless sooner dissolved, stand
dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.”
(Constitution, 1973)
All the provinces get represented at the National Assembly on the basis of their
demographics and play active role in decision making of the parliament. Article 37(i) clearly
states that the State shall “decentralize the Government administration so as to facilitate
expeditious disposal of its business to meet the convenience and requirements of the public.”
18th amendment brought a major reform in the institutional structure by sharing the powers
vertically through Articles 90 and 139(2). The Constitution also has a mechanism of exercising
check on the utilization of powers. Article 48 is an example of such measures. Its Clause (1)
makes clear that ‘in the exercise of his functions, the President shall act [on and] in accordance
with the advice of the Cabinet or the Prime Minister’. The powers of Review and counsel are
also vested in different Constitutional bodies, e.g. Council of Common Interest and National
Economic Council under the Articles 153 and 156.
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The distribution of power has been ensured to be trickled down to local level to enable
the political leaders at respective local levels to determine solutions to local issues. These local
decisions, however, are guided by the state Constitution and policies.
Constitutional sanctity comes under question when the government is dissolved and the
Constitution amended frequently. The study does not aim to hold certain offices responsible
for strengthening the culture of military governments, but is helpful to mention though that it
started in 1954 and reinforced in 1958 when Constitutional provisions were compromised due
to the law of necessity (Munir,1955).
4.3.4.2 Power over language and expression. The power of the Constitution over
language can best be understood by analyzing amendments. I would mention here a lesser
known example of omission of the word freely by General Zia in 1985 from the text of the
Objective Resolution as given in the preamble. The original piece of the text was, “Wherein
adequate provision shall be made for the minorities freely to profess and practice their religions
and develop their cultures.” However, after a lot of criticism, the change was reverted and the
word was placed back in the text (as told by Justice Ramday during a telephonic interview
conducted for this study, 2017).
From a punctuation mark to whole pieces of discourse may be altered, through

amendments, to convey varying, I would rather say preferred meanings. I have discussed the
textual analysis of amendments in detail in section 4.2 of this chapter so I will not dwell on this
subject here. However, it was necessary to mention this power dynamic at this point and place
in the analysis.
The amendments in the Constitution may be made only following certain procedures as
laid down in Part IX of the Constitution. An amendment must be submitted to the standing
committee in the form of a bill for in-depth understanding before it is passed. However, the
same are not judiciously adhered to. An example is the 12th amendment which was passed only
in thirty-nine minutes (Qureshi, 2016). In today’s world of wide awareness, it is necessary that
a democratic way of Constitution making or amendment is adopted. Also the processes to
amend the Constitution need to be followed in true sense to yield a better level of adoption and
understanding. The draft bills and the ratification addresses must be made public by the
concerned political offices to take citizens on board.
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Another example of the constitutional power over the use of language is to use the
constitutional words to bring about serious results. It is due to these undefined terms that certain
Articles and clauses are relentlessly and purposefully used to exploit specific political
phenomena and personalities in Pakistan. Very recent example is the charges, among many
other, against the elected and the former Prime Minister Nawaz Sharif for not being ameen.
The Prime minister was accused of having undeclared and unjustified assets in foreign
countries. The opposition used the same plea to demand disqualification of the PM from his
membership of the Parliament. The July 28 Panama Papers case judgement stated as follows:
Text Box 4.20 An abstract from Panama Papers Case Judgement
“Having failed to disclose his un-withdrawn receivables constituting assets from Capital
FZE Jebel Ali, UAE, in his nomination papers for 2013 in terms of section 12(2)(f) of
the Representation of the People Act 1976 (RoPA) and having furnished a false
declaration under solemn affirmation, Nawaz Sharif was not honest in terms of Section
99(f) of RoPA and Article 62(1)(f) of the Constitution and, therefore, he was disqualified
to be a member of the parliament.”
The underlined phrase hints towards the oath (Schedule 3) and the word in bold is refers
to Article 62(1)(f). A look at the Article will explain the importance of the use of even a single
word in the Constitution. “honest” and “ameen” have dual importance due to their presence in
the constitutional text, and due to their being embodiment of Islamic values of dignity worthy
of the offices in leading position at national political level. The Clause (1)(f) of the Article 62
follows:
Text Box 4.21 Constitutional Clause on qualification for the Parliament
Article 62. “Qualifications for membership of Majlis-e-Shoora (Parliament):
(1)(f) he is sagacious, righteous, non-profligate, honest and ameen,
there being no declaration to the contrary by a court of law”
The same Article brought disqualification for life to a Pakistan Tehreek-i-Insaf (PTI)
leader from the apex court of Pakistan. Mr. Tareen was declared unworthy of holding public
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office, for life, on account of his not being honest about declaring his property/asset, and hence,
not being honest.
Using the power of the same constitutional words, recently, Ms. Aysha Ahad claimed
that a Member of the National Assembly, Hamza Sharif, had secretly married her but later
abandoned her unceremoniously. Mr. Hamza denied any such claims as allegations and cheap
political pawn. Ms. Ahad, however, demanded that the court should disqualify Mr Hamza from
the membership of National Assembly on account of his not being sadiq and ameen. The two
instances clearly show the power of only two words from the Constitution, and the grave
consequences in case of proven violation.
The word adequately is another example of ambiguous or vague expression. The word
has been used 10 times in the Constitution to avoid making absolute commitment.
Table 4.26 Instances of the use of word adequate in the constitution (1973)
S. Place in the Context

No. Constitution
1 Preamble Wherein adequate provision shall be made for the minorities
2 Preamble Wherein adequate provision shall be made to safeguard the
legitimate interests of minorities and backward and depressed
classes
3 Article 27 Safeguard against discrimination in services… posts may be
reserved for persons belonging to any class or area to secure
their adequate representation in the service of Pakistan
4 38(b) provide for all citizens, within the available resources of the
country, facilities for work and adequate livelihood with
reasonable rest and leisure;
5 62 (1)(e) he has adequate knowledge of Islamic teachings and practices
obligatory duties prescribed by Islam as well as abstains from
major sins;
6 199 Jurisdiction of High Court.− (1) Subject to the Constitution, a
High Court may, if it is satisfied that no other adequate
remedy is provided by law,
7 138(1)(a) a notice specifying the particular provisions that appear to it
to be so repugnant, and afford to such Government adequate
opportunity to have its point of view placed before the
Court.
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Annex Wherein adequate provision shall be made for the minorities

1(/Objectives to 187[freely] profess and practice their religions and develop
resolution) their cultures;
It is important to note that the use of words, their arrangement and the order in which
they take place in a phrase or syntax is critically important. Political exploitation of the use of
these words may be understood through the example of three principles by Quaid as inscribed
on a coin in 1977. These dogmas were altered in sequence from ‘itehad, iman, tanzeem’ (unity,
faith, discipline) to iman, itehad, tanzeem (faith, unity, discipline) towards the end of Bhutto’s
government, in April, 1977 (Qisa Quaid ke Libas ka, 2017).
It may be safely assumed that adequacy in most of the above situations may be
determined by the prime minister. Ironically, the prime minister himself/herself is supposed to
have adequate knowledge of Islamic teachings and practices to be able to decide judiciously
about such matters. The condition that the prime minister has adequate knowledge to determine
adequacy of ‘provision’, ‘opportunity’, ‘representation’ and ‘livelihood’ adds to the complexity
of the notion.
4.3.4.3 Power, politics and Constitution. A Constitution is all about guiding the state
affairs and is controlling in nature to ensure adherence to it in socio-political spheres of the life
of the citizens. This legitimate power, however, cannot be vested in one person, on the pattern
of monarch. This power is considered ‘a sacred trust, entrusted to us by God for the purpose of
being exercised in the service of man so that it does not become an agency for tyranny or
selfishness (Khan, 1949) and it is for the people to decide who to vest this authority in.
At the same time, misuse of authority and power are well known concepts since the first
human population on earth. No society is free from the menace of abuse of power. The power
related ideology in the Constitution (1973) may be discussed under religious or political
ideologies or both. Due to the very political nature of the subject and the resulting, what I call,
‘religio-political’ pressures, the article 260 (3-b) has been referred to by numerous analysts for
having been manipulated to make certain political decisions. The Article that defines non-
Muslims includes Ahmadis also for the first time. Indeed the question remains unanswered as
to why Ahmadis were part of Muslim community since ever until this Constitution. It is not
easy to deduce exact reasons behind this Constitutional Article and to conclude if it was a
political move to devastate this community due to their strong financial political, and
administrative positions or if it was due to pressure by religious groups on the government.
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According to Peirce and James (1870) taking a pragmatic stance means to be aware that the
meaning of a proposition lies in observable practical consequences. In this connection, changes
in defining certain groups and communities do not sound innocent.
4.3.4.4 Power with relation to the Armed Forces. Military in any country is usually the
most powerful organization. In fact, power and military may sometimes be used as synonyms
or mutually substituting words. The military power is legitimately not only used in war times
but also to maintain law and order within the state. The positive utilization of this power during
peacetimes is summed up by Janowitz (1977) that the military is an important agent of change
especially in postcolonial societies because:
[...] the army becomes a device for developing a sense of identity, a social psychological
element of national unity, which is especially crucial for a nation which has suffered
because of colonialism and which is struggling to incorporate diverse ethnic and tribal
groups.
Chapter 2 of Part XII of the Constitution (1973) states Constitutional provisions

regarding Command of the Armed Forces, Oath of Armed Forces, and Functions of
Armed Forces in Articles 243, 244, and 245 respectively.
Powers vested in the Armed Forces may also be understood from Article 63 (g)
under which a Member of Parliament is disqualified if he has been convicted by “a court
of competent jurisdiction for propagating any opinion, or acting in any manner,
prejudicial to… the Armed Forces of Pakistan…” Use of language in terms of
criticism on the Armed Forces has institutionally and constitutionally been banned thus
through Article 63(g).
However, these Constitutionally vested powers by no way of interpretation yield

the potential meaning to be able to rightfully exercise supra Constitutional powers. It is
important not to overlook the fact that the non-Constitutional head of the state, Zia
amended 65 Articles during his regime. Similarly, Musharraf brought amendments in 27
of the Articles. The Constitutional amendments during the time frame of military
governments need a careful in-depth analysis in some separate study. As doing so here
will stray the focus of this study.
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Another interesting finding of this study is the insertion of Clauses 2 to 4 through

the seventh amendment Act of 1977. The Article 245 (2)(3)(4) legitimize the use of
Armed Forces in aid of civil power. The Following text box contains these clauses:
Text Box 4.22 Constitutional Clauses on the Armed Forces in aid to Civil Powers
“(2)The validity of any direction issued by the Federal Government under
Clause (1) shall not be called in question in any court.
(3) A High Court shall not exercise any jurisdiction under Article 199 in
relation to any area in which the Armed Forces of Pakistan are, for the time being, acting
in aid of civil power in pursuance of Article 245:
Provided that this clause shall not be deemed to affect the jurisdiction of the
High Court in respect of any proceeding pending immediately before the day on which
the Armed Forces start acting in aid of civil power.
(4) Any proceeding in relation to an area referred to in clause (3)
Instituted on or after the day the Armed Forces start acting in aid of civil power and
pending in any High Court shall remain suspended for the period during which the
Armed Forces are so acting.” (Article 245, Constitution 1973)
Time and reason of insertion of these Clauses must be of great interest to the researchers
interested in the area of political powers, manipulation of powers, and uses and abuses of
powers. However, I look at this change as very interesting and smart use of language to
institutionalize political changes.
4.3.5 Society as Envisaged in the Constitution (1973).
In this section, ideological views as presented and safeguarded by the Constitution have
been discussed as social inclusion, social justice, and paradigm of pluralism. I tried to look for
the words history and culture in this regard, but the Constitutional genre does not have room
for such expressions. The word history has not been used even once and the word culture has
been used only once in Article 28 addressing “Preservation of language, script and culture”:
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Subject to Article 251 any section of citizens having a distinct language, script or culture shall
have the right to preserve and promote the same and subject to law, establish institutions for
that purpose.
Language used in this Article does not show any bias or preference for some specific
section of society. The Article, in one sentence puts forward two conditions to earn the right to
preserve language, script, and culture i.e., i) if language, script, and / or culture have the distinct
recognition and ii) if yes, then the right may be subject to law again.
This is a good example of bestowing rights which are hedged by conditions

linguistically expressed in very precise manner.
4.3.5.1 Social justice & civic life. The words social and justice, combined, have been
used 4 times in the text of the Constitution. As the same text forms part of the preamble and is
annexed too, the total word count will be considered as 3 i.e., two times in the Preamble and
once in the Article 37. Social justice has been stressed upon twice in the preamble and once in
Article 37. Political justice has also been highlighted in the preamble. In clause (d) of Article
37, agreeing to the dictum justice delayed is justice denied, the Constitution reads that the state
“shall ensure inexpensive and expeditious justice” to eradicate social evils.
Moreover, the word Political Justice has also been used in the preamble to the
Constitution. A preamble to the Constitution determines the foci of the Constitution and hence,
has the controlling power. Presence of the expressions Social Justice and Political Justice
implies the State’s preference for these areas. The two instances from the preamble are given
below:
Text box 4.23 Use of the word ‘Justice’, in the Preamble
1. “Wherein the principles of democracy, freedom, equality, tolerance and social

justice, as enunciated by Islam, shall be fully observed.”
2. “Wherein shall be guaranteed fundamental rights including equality of status,

of opportunity and before law, social, economic and political justice, and freedom
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of thought, expression, belief, faith, worship and association, subject to law and
morality…” (Preamble, Constitution 1973)
The Article 37 has ten clauses under it and all focus on some dimension of social justice
and eradication of evils from society. It uses strong expressions which sound very promising.
It uses strong verbs followed by a series nominal phrases. The Constitutional emphasis on
Social Justice is expressed through the following verbs which the State shall (perform)
promote, remove, provide, make available, make accessible, ensure, make provisions for,
ensure, enable, and prevent.
Article 37 is about the promotion of social justice and eradication of social evils. The
Article contains (a) to (i) clauses. Under clause (a), the state resolves to promote educational
and economic interests of backward classes and areas. However. Interpretation of the word
“backward” is left to reader’s imagination. Clause (b) is the state’s promise to eradicate
illiteracy and to provide free and compulsory secondary education within minimum possible
period. Here again the “minimum possible period” is not defined in terms of years and months
which again would leave interpretation and explanation open to various relative options. Clause
(c) ensures that technical and professional education will be made generally available. Next
clause ensures availability of inexpensive and expeditious justice. Clause (e) is very important
as it is about workplace environment, especially for women and children. It ensures to make
provision to provide “just and humane conditions of work” to them and to ensure that they are
not employed in vocations unsuitable for their age and sex. Use of the word children in this
clause is confusing as age is not specified. This also may result into obscuring any state’s
policies or laws, if any, about child labor.
Table 4.27 Potential state actions for the provision of social justice in various areas
S No Verbs Noun Phrases
1 Promote the educational and economic interests of backward classes

or areas
2 Remove Illiteracy
3 Provide free and compulsory secondary education
4 Make….available technical and professional education
5 Make…equally higher education

accessible
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6 Ensure inexpensive and expeditious justice
7 Make provision securing just and humane conditions of work

for
8 Ensuring children and women are not employed in vocations unsuited

to their age or sex
9 Ensuring maternity benefits for women in employment
10 Enable people education, training, agricultural and industrial development

through and other methods
11 Enable people to participate fully in all forms of national activities, including

employment in the service of Pakistan
12 Prevent prostitution, gambling and taking of injurious drugs,

printing, publication, circulation and display of obscene
literature and advertisements
13 Prevent consumption of alcoholic liquor otherwise than for

medicinal and, in the case of non-Muslims, religious
purposes
14 Decentralize (the to facilitate expeditious disposal of its business to meet the

Government convenience and requirements of the public
administration)
Social Justice has been promised by the State in the Constitution (1973) in its Article
27 which is about “safeguard against discrimination in services.” It is written in passivized
sentence form and ensures equity in the opportunities of employment. The article declares, “No
citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated
against in respect of any such appointment on the ground only of race, religion, caste, sex,
residence or place of birth…(Article 27(1)).”
The word justice has been used six times with reference to education. Out of six, five
places talk about educating citizens and once about removing illiteracy. This overwhelming
stress on education clearly puts forward the State’s ideology of justice and its firm belief that
only education is the safest and fastest way to remove injustices from society. The second most
common factor linked with social and political justice is employment, as unemployment has
been considered the root cause of social evils. The same has been expressed directly at least
four times as underlined in the above text box. Positive engagement of the individuals naturally
stops them from being involved in unrewarding and unwanted activities.
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Yet another way of ensuring justice and removing social evils is prevention from social
evils as listed down at serial numb12 and 13 of the above text box. A critical look at the use of
language reveals that social justice and eradication of social evils is constitutionally ensured
through three measures:
a) Enabling the citizens through education and training
b) Engaging the citizens through employment
c) Preventing them from universally recognized social evils
4.3.5.2 Paradigm of pluralism. It is important to mention here that that the Constitution
predominantly uses the word “people” for the citizens of Pakistan, irrespective of their
religions. There are total 33 instances of the word “people” used in the Constitutional text. The
usage of the word ensures political sovereignty of “the people” of Pakistan. The analysis gets
support from the observations made by Sardar Abdur Rab Nishtar when he pointed out that the
emphasis in the Objectives Resolution was placed on terms like “the people”, “the right of the
people”, and “the representatives of the people” and “the authority of the people (in Shah, 2007,
p. 55).”
The 17 instances of the use of the word Muslim in its singular form is mainly used as a
qualifier. The word qualifies other words like judges, citizens, world, personal law, countries,
and Family Law, to quote a few examples. The word is also used as part of a compound noun
i.e., Muslim League. Other instances take place as part of oaths and once as part of a definition
of Muslim.
The plural noun Muslims has been used totally 5 times in the Constitution (1973) in the
Preamble, Articles 31, 31(2), and 230 to refer to the following in the respective order: a) the
state to enable Muslims to live their lives according to the teachings of Islam, b) the state to
provide Muslims Islamic way of life, c) the State to endeavor for compulsory education of
Islamiat, promote unity, and proper organization of zakat, ushr, auqaf and mosques, and d) the
Islamic council to recommend ways and means to the Parliament and provincial assemblies to
enable the Muslims in Pakistan to live according to Islamic teachings.
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4.3.5.3 Social Inclusion. A unique concept, noticed in the study, related to inclusion is
that of special representation. Article 32 Promotion of local Government institutions of the
Constitution stresses the inclusion of peasants, workers and women in local government
institutions composed of elected representatives of the areas.
A deeper analysis yields the state’s implied recognition of these as underprivileged part
of the society, hence, it entails special recognition. I notice two different veins of inclusion
circulating throughout the text of the Constitution, and which may be described as follows:
i. Exemption
ii. Specification
By Constitutional inclusion I mean taking care of the differences of varied communities

living in Pakistan. In this regard, exemption is not exclusion here. It rather means to exempt
certain communities from a common Constitutional practice keeping in mind their rights to
live according to their faith and beliefs. One example of exemption takes place in Article 37(h)
which exempts non-Muslim citizens of Pakistan from prevention on the consumption of
alcohol. In this example, the religious and cultural differences of non-Muslim communities are
constitutionally embraced by exempting them from otherwise banned practices for the Muslim
community. Examples of specification can be observed in the form of reserved political seats
for non-Muslims. The categories for members represent certain communities or groups as
distinct ones. Articles 32, as discussed above, is a good example of specification.
The analysis finds out that another group of citizens exempted and specified is based
on gender, i.e., women of Pakistan. The observation also gets strengthened finding out frequent
collocation between the words “non-Muslims” and “women.”
Chapter 2 of the Constitution is on composition, duration and meeting of Majlis-e-

Shoora. Article 51 is about the distribution of seats in the National Assembly and was amended
in the 18th amendment in light of the 1998 population census. According to the Article the seats
for National Assembly will be allocated to each Province, the Federally Administered Tribal
Areas and the Federal Capital as follows:
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Table 4.28 Example of socio-political inclusion at the level of National Assembly
General Seats Women Total

Baluchistan 14 3 17
Khyber Pakhtunkhwa 35 8 43
Punjab 148 35 183
Sindh 61 14 75
Federally Administered Tribal 12 - 12
Areas
Federal Capital 2 - 2
Total 272 60 332
However, recent population census is likely to bring another amendment in the

Constitution, especially in Article 51(3), due to significant shift in population growth in
different areas and provinces. The change is expected in the number of seats against each
province without changing the number of total seats of the National Assembly.
Article 59, “the Senate” states the rules of inclusion of one hundred and four members
in the Senate. It specifies some certain seats and their distribution. Following is presented
summary of the clauses 59 (1)(a) to 59(1)(f) in tabulated form:
Table 4.29 Example of socio-political inclusion at the level of the Senate
Members Selected by
1 14 Each provincial Assembly
2 8 Federally Administered Tribal Areas
3 2 General seats- by President’s Order
4 4 (women) Each provincial Assembly
5 4 technocrats including the members of each Provincial Assembly; and
6 four non-Muslims (one the members of each Provincial Assembly

from each Province)
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4.3.5.4 Religious majority. The Constitution does not favor sectarian divisions and
does not talk about any Muslim sect in particular. Clause (b) of Article 20 clarifies that the
expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.
It further explains that “Nothing in this Part shall affect the personal laws of non-Muslim
citizens or their status as citizens.”
The element of sectarian adjustability is again manifested in the Article 228(3)(b) which
declares that “not less than two of the members are persons each of whom is, or has been a
Judge of the Supreme Court or of a High Court.” I analyze inclusion again at two levels: i)
sectarian differences, ii) and gender differences. The composition of the Council as stated in
Article 228 (3)(d) is that “at least one member is a woman.” Though the word democracy is
not used in this Part even once, the Part seems to embody the spirit of democracy.
4.3.5.5 Religious minorities. The word minority is a general word to describe statistical
value of population and is not used as a derogatory word. If looked at from the demographics
and religious and political temperament of the people, then in Pakistan there are many
undocumented denominations. The majority Muslims themselves are further divided into
relative minorities, discussion on this point is irrelevant here. This section discusses minorities
in terms of non-Muslims only. Article 260 (3-b) defines non-Muslims as “a person who is not
a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi
community, a person of the Qadiani Group or the Lahori Group who call themselves Ahmadis
or by any other name or a Bhaai, and a person belonging to any of the Scheduled Castes.”
The Preamble to the Constitution safeguards the rights of the non-Muslims stating
“Wherein adequate provision shall be made for the minorities freely to profess and practice
their religions and develop their cultures.” The Constitution protects the rights of minorities
under Article 36. The Article promises that “the State shall safeguard the legitimate rights and
interests of minorities, including their due representation in the Federal and Provincial
services” (Constitution, 1973). The Minority citizens of Pakistan are entitled to vote under
Article 51 of the Constitution (1973) if they satisfy the general conditions laid down in the
Article which does not distinguish Muslims and non-Muslims. Moreover, out of 342 seats in
the National Assembly, ten are reserved for non-Muslims (Article 51(4)), constituency for them
being the whole country (Article 51 (6)(c)).
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The word Muslim has been used totally 17 times in the whole text and its plural form,
the word Muslims, has been used 05 times only. Interestingly, almost opposite, the singular
word non-Muslim has been used 04 times, but its plural form non-Muslims has been used 21
times. The striking contrast between the ratio of singular and plural forms of these words
intrigues the analysis to look deeper into it.
Rights promised to the Non-Muslim citizens or minorities include “freedom to profess

religion and to manage religious institutions.” The Constitution guarantees that “every religious
denomination and every sect thereof shall have the right to establish, maintain and manage its
religious institutions” (Article 20(b). However, they cannot under the Article 41(2) be the head
of the state or the Prime Minsiter. The Article states that “a person shall not be qualified for
election as President unless he is a Muslim of not less than forty-five years of age and is
qualified to be elected as member of the National Assembly.”
Experts have different opinions in this regard. I requested an interview for this study on 14
December, 2017 and discussed it with a competent legislator. According to him the media and
especially a certain Urdu newspaper, have newly adopted the concept of secularism. Instead of
hate for the religion, it meant respect for each religion practiced in a given territory. However,
he fully supported the devolution of powers down to the Provinces and hoped systems would
improve at provincial level making the centre strong. He believed that faulty orientation of the
masses with the Politics, Political procedures and Governance are the reasons why
developmental projects in Pakistan do not fetch the desired outcomes.
The words “within the limits prescribed by Him” may be interpreted differently by
different people at different points in time, according to Dutta and Chattopadyaya who were in
opposition at the time the Resolution was presented in 1949. Raj Kumar Chakraverty, a member
of the PNC from East Pakistan suggested to replace “state of Pakistan through its people”, with
“people of Pakistan” in the first clause and suggested independent in the second paragraph to
be substituted with democratic. Prem Har Barma proposed to replace and depressed classes
with classes and scheduled castes to avoid negative connotation of the former expression in
the ninth paragraph of the Resolution. Most of the criticism by non-Muslim citizens of Pakistan,
on the objectives Resolution posed direct or indirect reference to the Quaid’s speech of 11
August. Two extract from the speech follow:
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i) “I cannot emphasize it too much. We should begin to work in that spirit and in
course of time all these angularities of the majority and minority communities —
the Hindu community and the Muslim community — because even as regards
Muslims you have Pathans, Punjabis, Shias, Sunnis and so on and among the
Hindus you have Brahmins, Vashnavas, Khatris, also Bengalese, Madrasis and so
on — will vanish.”
ii) “I think we should keep that in front of us as our ideal and you will find that in
course of time Hindus would cease to be Hindus and Muslims would cease to be
Muslims, not in the religious sense, because that is the personal faith of each
individual, but in the political sense as citizens of the State.”
In my opinion, there is a very delicate blend of binding and liberating in Article 227
and its explanation. It binds the current and future state laws to be in congruence with Islamic
Provisions and it also makes provisions for adjustments for citizens with different beliefs, i.e.,
Muslim and Non-Muslim citizens.
Text Box 4.24 Constitutional provision on Religious Education
“Safeguards as to educational institutions in respect of religion, etc.− (1) No

person attending any educational institution shall be required to receive religious
instruction, or take part in any religious ceremony, or attend religious worship, if
such instruction, ceremony or worship relates to a religion other than his own.”
(Article 22, The Constitution 1973)
The analysis finds the observation made by Devitt, Reiff, and Bawarshi agreeable when they
stated that “some genres privilege the needs of some users over the needs of other users. In
supporting some of the values, beliefs, and assumptions of members of a scene, genres may
limit other possible values and beliefs” (152). The observation, in this case, is embodied in the
Preamble to the Constitution (1973). Due to the historical circumstances during the creation of
Pakistan, the Islamic values have been supported and safeguarded through the Constitution.
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4.3.6 Global Dimension and Social Competitiveness.
In an actively changing world of economy, socio-political conditions, international

coalitions and relation, the Constitutions of a country has the responsibility of preparing its
people to cope well with internally and externally in the global era. Article 40 of the
Constitution is about strengthening bonds with Muslim world and promoting international
peace. The Article recognizes the importance of fraternal relations with the Muslim and
international world. The Article highlights the relations at three levels:
i) Muslim Countries (based on Islamic unity)
ii) Asia, Africa and Latin America (due to common interests)
iii) All nations (based on good will and friendly relations)
Along with the above, the Article also emphasizes upon global competencies of the
citizens to be able to attain “honored place amongst the nations of the World and make their
full contribution towards international peace.” The constitution expresses its preference for
“the settlement of international disputes by peaceful means.” The Constitutional considerations
about peace are discussed in the next section.
With reference to global impact on education, in the wake of Dakar framework, struggle
towards achievement of the global educational goals resulted in a review of the planned efforts
in many countries to understand emerging issues and their potential solutions. The same
struggle resulted into sharing and borrowing of successful practices among the signing
countries (UNICEF, 2017). Pakistan not only took lead in developing National Plan of Action
for EFA in 2002, it also took many initiatives and prepared EFA plans at provincial and district.
Pakistan struggled so far in this pursuit that it even introduced Article 25-A in 18th amendment
of the Constitution in 2010, giving the provinces autonomy to materialize the educational
objectives in this regard.
4.3.7 Peace and Human Rights.
The ideology related to Global dimension of competent States can also be linked to
state aspirations regarding peace and respect of human rights within both the state and the
outside. In this regard Article 38 highlights the need of “Promotion of social and economic
well-being of the people.” Also the preamble states it as one of the aspirations of the People of
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Pakistan to be able to “make their full contribution towards international peace and progress
and happiness of humanity.”
The word peace has been used 10 times in the Constitution to convey meanings with
relation to international peace, tranquility, security and progress. Article 149, “directions to the
provinces in certain cases” under its clause (4) dictates that the executive authority of the
Provinces “is to be exercised for the purpose of preventing any grave menace to the peace or
tranquility or economic life of Pakistan or any part thereof.” The emphasis in the clause is
obvious from the use of shall and is to. Other Articles on measures regarding ensuring peace
in society include Article 159, Article 247 (4) and (5), and Article 258.
However, maintaining equality is given so much stress that the Oath of the President
(Article 42, Schedule 3, Constitution of Pakistan, 1973) includes that “in all circumstances, I
will do right to all manner of people, according to law, without fear or favor, affection or ill-
will.” The socio-critical dimension of the Critical Genre Analysis makes it evident that the
Constitution is not doling out rights of minorities out of favor or kindness, it truly intends to
include them in the fold of patriotic state affiliation. The text of the Constitution shows the use
of similar or the same language while expressing the rights for the people (all communities) of
Pakistan.
The country has been through serious terroristic activities and has been fighting
terrorism for quite some time now. The black spell seems to be over but sporadic terrorist
attacks at different places are enough to spoil an atmosphere of peace and comfort. Sadly,
Pakistan has tense relationships even with a couple of its neighbors. Fighting the menace of
terrorism must have resulted in compromise of certain otherwise preferred projects to be
accomplished by the government. The hybrid war launched against our state by the enemies
and certain neighbors of Pakistan encompasses information and psychological warfare
injecting non-state actors and economic war. This threat is significant and needs specific
attention for maintaining sovereignty of the country. The State is in dire need to revamp its
education system to create awareness among masses about what role an educated public can
play to ensure harmonious relations across the country.
The Constitution lays considerable stress on the necessity of international and internal
peace. The word peace has been used 15 times in the text. For four times it speaks of
international peace and progress. For an in-depth analysis of the handling of the concept of
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peace in the Constitution, the lexical item peace is studied in the context of its neighboring
words (distributional context). Three words, before and after the word peace are given in the
following Table:
Table 4.30 Instances of the contextual use of word peace in the Constitution (1973)
# Context (left) Use of word Context (right) Frequency

‘peace’
1 Contribution towards Peace And progress and 1

international happiness
2 And promoting Peace . 2

international
3 Promote international Peace And security 1
4 Menace to (the) Peace Or tranquillity or 2
5 Regulation for the Peace And good government 2
6 Make provision for Peace And good government 1
7 Prophet hood of (peace) Be upon him 3

Muhammad
8 After Muhammad (peace) Be upon him 1
9 Contribution towards Peace (and) progress and 1

international happiness
10 Part thereof in Peace Or war, 1
4.3.8 Fundamental Rights.
Fundamental Rights comprise over a number of important economic and social rights.
The purpose of the government is to protect these rights vested through the Constitution.
Similarly, Judiciary has the role to protect and enforce these rights. I have discussed, from CGA
perspective, the fundamental rights as promised in the Constitution.
The fundamental rights vested in the Constitution (1973) are in close lines with those
spoken by Quaid during his various speeches and addresses. These values include Islamic
concepts of forgiveness, equality, and peace which may also be called universally desirable
values. It is important to refer here briefly to Jinnah’s political disposition. His understanding
191
of the socio-political makeup of the British-India, and his own political acumen due to his
British legal education and law practice, he could easily associate with the liberal politics. It
also enabled him to have “a deep understanding of the rise and fall of the Muslims in the history,
inspirations from egalitarianism, socio-economic justice and reformism in the teachings and
principles of Islam” (Rizvi, 2014). Quaid’s struggles, though late, but took turn to materialize
what Iqbal said, “self-government within the British empire or without the British empire”
(1930).
It may be safely inferred that though the state will not be able to provide all the rights
within limited resources, it promises to facilitate the citizens to achieve them with the help of
different laws i.e., “no person shall be deprived of life or liberty saves in accordance with law.”
Table 4.31 Constitutional modes of granting rights
S.No. Sample Modes of granting rights

Article title
1 22 Safeguards as to educational institutions in respect of religion

etc.
2 24 (3.e.i) Protection of property rights
3 25A Right to education
4 37 Promotion of social justice and eradication of social evils
5 10 Promise not to deprive
I noticed that the Constitution adopts different modes while granting rights to the
citizens. The Table 4.31 presents five modes of the grant of rights. Chapter 1 of Part II of the
Constitution deals with Fundamental rights. A sample Article number is give in the left column.
The Constitution grants rights by protecting educational institutions for religious education, by
promising to protect property rights, by promising to provide education, by promising to
promote social justice, and by promising not to deprive of right if not clashing with the law. A
discussion with reference to the Articles 9 to 28, ascribing Fundamental Rights to all the
citizens of Pakistan, follows:
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Table 4.32 Constitutional expression of Fundamental Rights
S.No. Fundamental Rights Articles
1 Laws inconsistent with or in derogation of 8

fundamental rights to be void
2 Security of person 9
3 Safeguards as to arrest and detention 10
4 Right to fair trial 10A
5 Slavery, forced labour, etc., prohibited 11
6 Protection against retrospective punishment 12
7 Protection against double punishment and self- 13

incrimination
8 Inviolability of dignity of man, etc. 14
9 Freedom of movement, etc. 15
10 Freedom of assembly 16
11 Freedom of association 17
12 Freedom of trade, business or profession 18
13 Freedom of speech, etc. 19
14 Right to Information 19A
15 Freedom to profess religion and to manage religious 20

institutions
16 Safeguard against taxation for purposes of any 21

particular religion
17 Safeguards as to educational institutions in respect 22

of religion, etc
18 Provision as to property 23
19 Protection of property rights 24
20 Equality of citizens 25
21 Right to Education 25A

193
22 Non-discrimination in respect of access to public 26

places
23 Safeguard against discrimination in services 27
24 Preservation of language, script and culture 28
Surprisingly, the Constitution does not explicitly talk about rights of transgender citizens and
remains quiet in this regard. The fundamental rights have been conferred upon using different
modes which may be described under the following heading: safeguarding, protecting, freedom
to do, through prohibition, and having right to have / do. Article 20 confers the right to freedom
of speech. Even Article 62 of the Constitution has been criticized by some religious parties
who believe that though the article 62 lays down islamized qualification criteria, the same is
not Islamic in true spirits.
An interesting observation made in this study is the inconsistency between the

Constitution and laws of the country. One such example is the consumption of alcohol by
Muslim citizens which carries a punishment, according to the Article 8 of the Prohibition Order
(Enforcement of Hudood) Ordinance 1979, of 80 whips and is liable to Hadd. The punishment
is not stated in Quran and Sunna and is rather borrowed from Saudi Legal cannon. Another,
even more sensitive example in this regard is mismatch between the state Constitution and laws
on the issue of blasphemy. Ironically, even conservative Islamic scholars have noted that there
is scope for reform to prevent these problems (Arshad, 2014). These are only two examples,
among many others, to show mismatch between the state Constitution and state laws.
However, because this study does not focus on comparing the Constitution with state
laws, it can only point out the fact that attention needs to be paid to align state laws with the
Constitution. The analysis also highlights emotional attachment of the Muslim citizens of
Pakistan towards religion and ideology based entities in the Constitution. Islamic principles.
The same attachment explains why some of them are reluctant to point out similar discrepancies
even when they are convinced. The reluctance is more related to fear than incapacity as
discussion on such topics may not be taken as moderate Islamic or neutral views, but as a threat
to Islamic state rules, as some critics believe. Murder of a governor of Punjab by his own
bodyguard on the latter’s conviction that the former had committed blasphemy is an example
of how emotionally endangering the nature of state Constitution and laws can be. The study
however, takes a very different stance on the issue which will be shared in the chapter on
194
conclusion. Moreover, it does not specify a certain group of people. Words like depressed
classes, backward castes, are not at all used in the whole text.
Text Box 4. 25 Constitutional provisions on religion
“Subject to law, public order and morality,-
(a) every citizen shall have the right to profess, 194 practice and
propagate his religion; and
(b) every religious denomination and every sect thereof shall have the
right to establish, maintain and manage its religious institutions.”
The freedom, however, is “subject to law, public order and morality.” Two of the three
conditions are relatively clear but the word morality has as many interpretations as there are
many religions and Muslim sects in Pakistan. No checklist is provided or criteria made known,
to determine the morality or immorality of an action. Use of the word morality which at times
is linked with public morality in the whole text has vagueness about it. The ambiguity increases
due to the religious, sectarian and ethnic make-up of the public of Pakistan. Biases of different
groups and communities creep in clouding the real meaning of the term. Education policy
which is responsible to prepare the educated citizens of Pakistan to handle important offices
later, remains silent on the topic.
4.3.9 Language Matters.
Due to the flexibility of human language use and unique reasoning ability of human
mind, it is not possible to fix the semantics over time. Constitutional genre does not leave
enough room for free interpretation by the reader and reduces the relativity due to its rigid
genre construction, however, the possibility of varying interpretation cannot be ruled out
altogether. So, as all language codifications done by human beings are bound to have a variety
of interpretations, legal language strives to control this diversity of meaning making through
controlled language procedures.
Rigidity of legal genre comes with the advantage of less chances of addition of non-nativeness
of the expression. The possibility of challenges to be faced due to English language and legal
genre was also ruled out by Honourable Justice Ramday and Senator Aitzaz Ahsan (personal
195
communication, 2017) as, according to him, the rigid nature of the genre was less likely to pose
drafting challenges to the already expert drafters.
The Constitution gives due attention to a variety of language related issues. There are
12 references made to languages in the text of the Constitution. Article 251(1) is of supreme
importance in this regard. It states that “The national language of Pakistan is Urdu, and
arrangements shall be made for its being used for official and other purposes within fifteen
years from the commencing day.” Urdu as official language would have added to the efficiency
of official work and would have reduced the amount of time spent in solving linguistic riddles
in official documents. Urdu as official language would have also spread awareness among
common citizens on official issues and would have simplified procedural ambiguities of the
world of professions. According to the Article, Urdu language should have become, or at least
should have been on its way to become, a commonly used language in offices, industry, and
educational institutions by the year 1988. The clauses 2 and 3 of the Article 251 further
elaborate that:
Text Box 4.26 Constitutional clauses on Language
“(2) Subject to clause (1), the English language may be used for official Purposes
until arrangements are made for its replacement by Urdu.
(3) Without prejudice to the status of the National language, a Provincial Assembly
may by law prescribe measures for the teaching, promotion and use of a Provincial
language in addition to the National language.”
Some of the recognized efforts made by the government in this regard before and after
the promulgation of the Constitution (1973) include establishment of a) Majlis-i-Taraqqi-i-
Adab (Majlis-i-Tarjuma) in Lahore in 1950, b) Urdu Dictionary Board in Karachi in 1958, c)
Urdu Science Board (Markazi Urdu Board) in Lahore in 1962, d) and Muqtadira Qaumi Zaban
in Islamabad in 1979.
Markazi Science Board was established to perform at a three pronged level i.e., to
promote Urdu, publish books in Urdu on science and technology so that the language is adopted
as medium of instruction for higher education, and to co-ordinate with other institutions created
for the promotion of Urdu (Parekh, 2015). Sadly, the issue of medium of instruction is still in
crises due to lack of quality books in different subject areas.
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Muqtadira Qaumi Zaban was the first institute strategically established to work on Urdu
language as it would be used in offices. It got the repute of National Language Authority (NLA)
and achieved the given target by 1988, however, Urdu language could not get implemented as
the official language due to lack of political will (according to Prof Fateh Muhammad Malik,
the former NLA chairman as quoted in Parekh, 2015). The institute was renamed as Idara-i-
Farogh-i-Qaumi Zaban (IFQZ) and reduced its stature to just another language institute. The
quality of its later works stooped down due to lack of political interest and patronage towards
the institute and its mandate. A smooth shift from scholars to bureaucrats also may be one of
the factors which are responsible for the lowering standards of its main publications.
Recently a policy dialogue on language was held with the collaboration between the
Higher Education Commission Islamabad and the Air University Islamabad on 25-27 October,
2016 at Air University on the basis of the same constitutional Clause. The dialogue culminated
with some valuable recommendations from Dr. Shehzad including the following:
a) Development of a balanced bilingual and multilingual policy for education
b) Introduction of a three language formula (Urdu, English and a regional

language) in school curriculum
c) Establishment of language centers to ensure Technology Assisted Language

Teaching (TALT)
d) Development of additional electronic (e. teaching / learning) teaching /learning

material etc.
Not to speak of 15years (Article 251(1)) once, even thrice the timeframe has not enabled
us to convert all the constitutional and institutional documents in Urdu. The issues of translation
and other biases have been discussed in the previous paragraphs. Lack of unbiased will to
materialize the constitutional clause has made even 46 years insufficient to accomplish the task.
Once done, efforts would be required to continuously upgrade language due to the flux in
electronic body of knowledge on daily.
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4.3.10 Economy and Financial Resources.
Part VI of the Constitution deals with “Finance, Property, Contracts and Suits” and
Article 160 especially talks about “National Finance Commission (NFC).” However, there is
no mention in the chapter of any efforts or regulation to keep the national debt under control
or to determine a ceiling debt for the country. Under the same Article an Award, namely
National Finance Commission Award, has been enacted since 1951to address financial
imbalances in both vertical and horizontal directions. In the competition between the federal
and provincial governments to get the higher share of the award of NFC, Punjab has secured –
out of seven total awards given since 1951. Each award lasts for the duration of five years.
Population density and poverty have become added parameters in the award of commission
decision. It may safely be predicted that the distribution of finances will also be impacted by
the results of the census bringing Article 160 in the fold of potential future amendments.
Eighteenth amendment of the Constitution brought changes in almost 102 out of 260
total Articles of the Constitution (1973). Due to the devolution of federal powers, it impacted
all ministries and divisions. Due to its link with the different handling of the financial resources,
it also brought in the need for better financial management. The analysis foresees the need for
local government officials at district levels to be financially empowered after training them on
management of finances. Fiscal equity needs to be ensured, by increasing the GDP share for
Education by clearly expressing the percentage, and ensuring the expenditure of educational
budget as per constitutional provisions.
4.3.11 Gender Dimension.
The language used in the Constitution is apparently gender neutral and does not
distinguish the citizens on the basis of gender unless the gender has to be specified. For
example, section 34 talks about full participation of women in national life. All citizens are
expected to comply with the Constitution. The word person is used to talk about citizens.
Following is the example from Article 4 (1) which is about rights of individuals to be dealt
with in accordance with law, etc.:
To enjoy the protection of law and to be treated in accordance with law is the inalienable
right of every citizen, wherever he may be, and of every other person for the time being within
Pakistan. Categories of exemption and specification are not only limited to the non-
Muslim citizens, but also to women. Interestingly, women have not been further specified as
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Muslims and non-Muslims. Representation of women is ensured through Constitutional

provisions, some of which are discussed below.
Text Box 4.27 An example of inclusion of gender
“In Islamic Council of Ideology, at least one member is a woman.”
(Article 228 (3)(d))
The apparently gender neutral discourse is replete with the hidden assumptions on
gender. The pronoun he is used in the text to refer to both, the citizen, and person. We can
suppose in good will that the pronoun he is used to function as a gender neutral expression.
However, use of he as a gender specific pronoun in most of the Articles / Clauses contrast
against this supposition. The words Speaker, Deputy Speaker, President, Prime Minister,
Minister and Governor, though gender free expressions, have been made gender specific by
using the pronoun he subsequently. The pronoun he here gender specifies the position by
eliminating the possibility of she to be the president. Following are only a few examples taken
from the Constitution (1973) for the clarity of discussion.
Text Box 4.28 Examples of gender-specific pronouns in the Constitution (1973)
“President:
A person shall not be qualified for election as President unless he is a Muslim of

not less than forty-five years of age and is qualified to be elected as member of
the National Assembly (Article 41 (2)).
Speaker:
‘The Speaker shall summon the two Houses to meet in a joint sitting not earlier
than seven days and not later than fourteen days after the receipt of the notice by
him.(Article 47 (5))
Governor:
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A person shall not be appointed a Governor unless he is qualified to be elected

as member of the National Assembly and is not less that thirty-five years of age
(Article 101(2)
Prime Minister:
…but the person elected as President or Prime Minister shall not enter upon his
office before the commencing day” (Article 265 (3)(d).
Another example of the use of the politically wrong expression is the use of the word
chairman which is a gender specific expression and implies the chairperson, according to the
Constitution only to be a man.
Article 63(b), paragraph (ii), explicitly uses the pronoun she when stating down the
qualification for membership of the Parliament. The paragraph is about potential female
parliament members who must have been enrolled as voters in any geographical area of her
choice, for election to a seat reserved for women.
The use of gender specific pronouns in the Constitution might not have been used as
tools of discrimination on the basis of biological sex and might have resulted out of the
assumption that it would be interpreted as a neutral expression. The problem can very easily
be traced to the nature and structure of the language too in which the Constitution has been
written. English language does not provide a third person, singular, gender free pronoun other
than it or them in recent efforts to make politically correct expressions. This limitation of
English language results into similar vague or exploited limitations. Any foot notes on
interpretation of gender specific pronouns were not noticed during the study.
Language yields meanings but it also constructs socio-political realities by

marginalizing women with respect to the qualification for the office by using gender specific
pronoun he and by shaping the political institution therein. According to positivist
epistemology, language is a reflection of reality and a means to study the facts that exist in
reality (Silverman, 1993). It for sure gives hegemonic position to one gender and rejects the
other gender for the position. It perhaps was not imagined that women would enter politics.
However, I believe it would be unduly stretching the point as examples of Fatima Jinnah and
later Begum Liaqat Ali Khan had existed at the time of partition. It is also possible that some
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potential instance of a woman entering politics was considered an oddity and not a big reason
enough to introduce a neutral pronoun.
Commenting on the enabling Clause and the following Clause guaranteeing cultural
freedom to minorities, Binder (1961) described it “as a step to enshrine the two nation theory
in the future Constitution of Pakistan” and that “it would certainly give the government more
authority in religious matters than is usual in western or westernized states (p.150).
Another significant addition is that of due process clause under Article 10 A. Due
process deals with the administration and provision of justice and provides protection against
arbitrary denial of life, liberty, or property by the Government outside the sanction of law.
Impact of the British common law on the Constitution cannot be denied due to the
colonial past of the country and also due to the early legal experts and political leaders had
mainly studied law from UK institutions and found British legal tradition more relevant to the
societal context. The role of Islam was defined for the first time in the Constitution, it was a
political move to ensure that Islamic Ideologies are safe guarded through Constitution,
President, and Prime minister.
4.3.12 Education and Allied Issues.
Constitution (1973) through its Article 37 (b) & (c) promised that "(b) the State shall
remove illiteracy and provide free and compulsory secondary education within the minimum
possible period, (c) make technical and professional education generally available and higher
education equally accessible by all on the basis of merit.” Post 18th amendment, this promise
extended to provide free education through these words:
“State shall provide free and compulsory education to all children of the age of five to
sixteen years in such manner as may be determined by law” (25A).
25A also demands the provinces to formulate their own legislation and policies
regarding education. The Islamabad Capital Territory (ICT) and Sindh province have already
enacted legislation in this regard, while others are currently in the process of finalizing their
respective legislations. Balochistan province has also promulgated an Ordinance to declare free
education a responsibility of the government. This Ordinance, which is a provisional law, is
yet to be passed by the Provincial Assembly of Balochistan. (Unesdoc, 2015, P. 07).
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Article 37(f) is quite promising as it talks about enabling people of “different areas
through education, training, agricultural and industrial development and other methods” so that
they are able to fully participate in social activities to serve the country. Use of the word shall
shows emphasis of the state promise.
While there is great emphasis laid on provision of education to each citizen of Pakistan,
it seems to be a mere verbal expression if we look at the budget allocated for the cause.
Furthermore, even the Prime Minister’s promise to spend 4 per cent of the GDP on education
has not been implemented (as informed by a senior officer from the Ministry of Education,
during an interview conducted for this study). Long-term realistic and coherent procedures can
take the bull by the horn. Implementation of these procedures is yet another and graver issue
to be addressed. Clause (g) of the Article explicitly resolves to “prevent prostitution, gambling
and taking of injurious drugs, printing, publication, circulation and display of obscene literature
and advertisements.” Except clauses (a) and (h), rest of the clauses of the Article 37 are for all
the citizens of Pakistan irrespective of their religious and sectarian affiliations. The state
promises made in this Article are hedged around with certain conditions.
4.3.13 Integrity of the Constitution (1973): A Sore Point.
In section 4.2 of the chapter, I have discussed textual features of the Constitutional
amendments by focusing on the amended and amending texts. Since 1973, the Constitution has
undergone 22 amendments. These amendments were made either through the Acts of
Parliament or through Presidential Orders.
According to Rabbani (2015), a former Additional Secretary of National Assembly of

Pakistan, the procedures of Constitutional amendments may be roughly divided into three eras:
1) 1973 to 1979 in which the amendments were made through Acts of the Parliament, 2) 1979
to 1985 after the Supreme Court added to the powers of the president the amendments were
made through Presidential Orders, and 3) finally the era after the revival of Democracy in 1985
in which amendment Acts have been used to serve a specific purpose. This last revision of the
procedure of Constitution amendment, however, is viewed as a change by non-political
parliament under the tutelage of military ruler General Zia-u- Haq and is criticized as a change
in the basic structure of the Constitution.
This change was later neither reviewed by the independent Supreme Court of Pakistan,
nor was addressed in the 18th amendment. The Constitutional history of Pakistan also depicts
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extravagant use of Ordinances as an easy tool of legislating until eighteenth amendment which
restricted unharnessed use of Ordinances. This study will not delve further into role of
ordinances and will rather give a brief overview of Constitutional amendments made through
Bills, Acts and presidential Orders. It is important to have a look at these amendments to
understand the forces, authorities or powers which can modify the Constitution. The following
Table shows the Constitutional amendments along with the dates of their enactment.
Table 4.33 Constitutional amendments with the years of their enactment.
S# Amendments Years
1 The Constitution: First Amendment 1974
2 The Constitution: Second Amendment 1974
3 The Constitution: Third Amendment 1975
4 The Constitution: Fourth Amendment 1975
5 The Constitution: Fifth Amendment 1976
6 The Constitution: Sixth Amendment 1976
7 The Constitution: Seventh Amendment 1977
8 The Constitution: Eighth Amendment 1985
9 The Constitution: Ninth Amendment 1986
10 The Constitution: Tenth Amendment 1987
11 The Constitution: Eleventh Amendment 1989
12 The Constitution: Twelfth Amendment 1991
13 The Constitution: Thirteenth Amendment 1997
14 The Constitution: Fourteenth Amendment 1997
15 The Constitution: Fifteenth Amendment 1998
16 The Constitution: Sixteenth Amendment 1999
17 The Constitution: Seventeenth Amendment 2003
18 The Constitution: Eighteenth Amendment 2010

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19 The Constitution: Ninteenth Amendment 2011
20 The Constitution: Twentieth Amendment 2012
21 The Constitution: Twenty First Amendment 2015
Along with the above amendments there have been Presidential orders issued during
1977-1985, the Martial Law regime of General Zia-ulHaq, to amend or otherwise affect the
Constitution of 1973.
Table 4.34 Amendments in the Constitution through Presidential Orders
Sr Amendments Year of Through

No. amendment
1 The Constitution: Amendment 1979 Order
2 The Constitution: Second Amendment 1979 Order
5 The Constitution: Third Amendment 1980 Order
6 The Constitution: Fourth Amendment 1980 Order
22 The Revival of the Constitution of 1973 1985 Order
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4.3.14 Miscellaneous foci.
The Constitutional text was noticed to be replete with various other concepts and
ideologies which may be studied in subsequent studies from CGA or some other
analytical perspectives.
CHAPTER 5
CONSTITUTIONAL IDEOLOGIES IN THE NATIONAL

EDUCATION POLICY (2009)
Chapter 4 of the study had focused on the Critical Genre Analysis of the Constitution
of Pakistan (1973) to explore the socio-pragmatic conditions which shaped it, the linguistic
intricacies which influence understanding of the Constitution, and the kinds of ideologies and
recurrent themes embedded in the Constitution. This chapter, the second tier of the study,
taking insights from the previous chapter extends the analysis, after a brief overview of the
NEP (2009), to find the points of convergences and divergences between the Constitutional
ideologies and those vested in the National Educational Policy (2009).
i. An overview of the National Education Policy (2009) and its making.

ii. A Reflection of Constitutional ideologies in the National Education Policy
(2009).
iii. Points of convergence and divergence between the Constitution (1973) and the
National Education Policy (2009).
Though a full-fledged separate analysis of linguistic features of the NEP (2009) is not
the purview of this study, it however, will be done in relation to analyzing the Constitutional
ideologies in the text of the Policy.
Education policies can influence the nature, scope and variety of educational
experiences of students positively. These experiences can develop their competencies in certain
areas and make them suitable for certain trades, for certain national, political, socio-economic
purposes.
A policy is made by the elected members and is approved by the Parliament before it
gets implemented. NEP is meant to be applied nationwide using top-down and horizontal
approaches.
Policies are made by the governments to regulate the efficient functioning of

institutions and programmes to cater to the needs of public. These policies by providing focused
attention, become undeniably instrumental in achieving the national goals and
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objectives set by the government in certain areas. The government organizations are
repositories of public trust in their abilities for bringing about positive changes in society. State
policies in Pakistan, including education policy, are governed by Part II of the Constitution.
Chapter 2 of the constitution (1973) lays down the Principles of Policy directing each organ
and authority, or representatives on their part, to conform to these principles. The onus of
responsibility to apply the policies lies on the functionaries at political and bureaucratic levels
at federal as well as provincial tiers. Though finding discursive evidences between public
policies and their impact, to borrow Luke’s words, “prov(es) increasingly slippery and elusive
to many researchers in the field (1997b, p. 345)”, it, however, is worth finding for.
5.1 An Overview of the NEP (2009) and its Making
While a lot has been written about the National Education Policies (NEPs) of Pakistan since
1947, the focus has usually been remained on the content or the text of the policies. The process
of policy formulation is usually ignored or considered not worthy of attention. Knowing
professional practices and the process of formulation of the policy helped the study to have a
balanced critical view of the text and also to draw an ideological alignment with the
Constitution. The following discussion is helpful in recognizing the dynamic relationships
between the text and the context.
The contents of the National Education Policies of Pakistan are beautifully written and
elegantly composed. The preface of the Policy of 2009 has identified yet the causes of the why
certain policies have failed to achieve the set objectives. The NEP (2009) has nine chapters and
a five part Annex about the state of Pakistan’s education. Like previous policies, the NEP 2009
also continues to focus on the following major areas:
a) Pakistan Ideology
b) Literacy and Basic Education
c) Islamic Education
d) Preparation of Globally Competent Citizens / Globalization
e) Linking Education with the World of Work
f) Influence of Regimes / Forces
g) Vision and Performance
h) Aims & Objectives
i) Governance
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j) Gender Dimension
k) Getting Stakeholders Involved
l) National Unity / Social Cohesion
m) Financial Resources /Allocation of Resources
n) Changing Foci of Emphasis / 18th Amendment
o) Development of Science and Technology as Determinant of Socio-economic
Race
p) Medium of Instruction / Language
q) Quality of Teacher Education
r) Curriculum and Textbooks
s) Examinations
The current policy has its roots in the review of the previous policy. Despite having
resulted from a thorough and true participatory process of policy development, the NEP 1998-
2010 could not be implemented in true letter and spirit and met an early demise due to abrupt
political changes and the military coup. It was identified as not having achieved the desired
aims and objectives. The cause was identified mainly as the “implementation gap” (NEP, 2009,
p.7).
However, noticing the non-achievement of the policy objectives was not the only cause
necessitating the review process. The changed government and the country’s international
commitment to the Dakar Framework of Action and UNO’s Millennium Development Goals
(MDGs), the pressure of globalization were the driving forces behind the whole process (NEP,
2009). The policy has a complaining attitude towards previous policies as if the policies and
not the implementation were responsible for not achieving the desirable outcomes. Talking
about social exclusion and social cohesion, it states:
Text Box 5.1 NEP (2009) commenting upon previous NEPs
“Almost all the past educational policies talk about the role of education as a tool of
social reform and social development. But all these policies have not been able to
significantly contribute to increase social inclusiveness by ensuring social mobility
through education and training (NEP, 2009, 12).”
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A secondary observation made during the analysis was the trend of making new policies
quite often. If previous policy failed due to implementation gap then the implementation
strategy should have been revised and not the policy itself. The phrase “these policies have not
been able to” in the text box 5.1 holds the inanimate policy to be responsible of failing to
address the issue of social exclusion and inclusion. Such phrases are also used to indirectly
avoiding putting the onus of responsibility on one or certain individuals involved in making or
implementation of a policy. Moreover, such linguistic expressions also justify the need for the
new policy to be made. The recent history of NEPs shows that the 1998-2000 policy was
prematurely aborted to be revised due to the non-achievement of the desired goal, deficient
performance in “access, quality and equity” (NEP 2009, p.1) and Pakistan’s commitment to
MDGs and EFA. Most of the targets are usually retained in upcoming policies. For example
the target to achieve universal enrolment in primary school continued to stay in the education
policies since 1992 in spite of the failure to achieve the goal in the stipulated time frame. Hence,
the target which was planned to be achieved by 2002 seems still far to be achieved even after
more than two decades since the setting of the objective. The main reason of partial
achievement of the objectives set by education policies are mainly financial and political
constraints as discussed in chapter 2 of this study. In the following section, I briefly talk about
the professional and discursive practices involved in the making of the national education
policy.
5.1.1 The professional and discursive practices involved in making of NEP.
Writing or making a policy is a tedious, tiered and time taking process. Usually a large
number of individuals, organizations, groups and offices are involved at different stages to
gather their opinions before a government policy is debated, negotiated and finalized. The study
identifies these different stages as Critical Sites of Engagement and discourse as the Moments
of interaction which are impacted by the Narratives of Experience (Bhatia, 2017, p.117).
Though it is difficult to determine the authorship of a public policy, yet understanding the tiered
process of its formulation can lend useful insights.
The process of making of an Education Policy, according to Kitamura, involves three steps:
analysis of importance and objectives, data analysis and estimation, and prediction (2009, p.
4). However, Shami (2015) believes that seven steps are involved in making of a policy- a)
Analysis of current-situation b) Options for policy formation, c) implementation of policy d)
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Formulation of policy decisions, e) implementation of the policy and post implementation

monitoring and evaluation, and f) “subsumtion” (Shami, 2015, p. 171) of the policy cycle.
The NEP (2009), under ‘Acknowledgements’, on page 2, recognizes the input of

provincial and area governments, federating units, and a number of other feedback providers.
This part helps the analysis to be informed on the variety of the contributors. See the given
below text box for the list of contributors:
Text Box 5.2 An abstract from acknowledgements of NEP (2009)
“[…] members of civil society, Universities, officers of MoE & provincial/area Education
departments, education managers, specialists, academia, teachers, students, parents, and a
host of other stakeholders including Higher Education Commission, NAVTEC, IED-AKU,
AEPAM, PM&DC, PEC, etc.”
It is important to state here that the naming of the contributors in the policy lends
credibility to the process of policy drafting.
National Education Policies in Pakistan, in contrast with the Making of the

Constitution, are prepared using broad-based participatory approach in which all stakeholders,
i.e., provincial governments, financial institutions, development partners, opposition parties,
NGOs, IGOs, SGOs, prominent scholars and educationists, are constantly involved through
different means and platforms. Data from multiple sources are collected and analysed whenever
needed to make changes in the policy document.
The usual process of developing a policy in Pakistan is to draft it through a cooperative

approach at different levels and tiers. The draft policy is first approved by the Cabinet, then a
committee after doing a critical analysis of the draft policy presents it in the National Assembly
where it is discussed openly and modified if necessary and is passed on to the Senate. After a
further analysis and modifications, the draft is sent to the President of Pakistan for the final
approval. After a policy is approved, the national and provincial ministries chalk out plans to
implement the policy. It took four years for the NEP 2009 to be drafted and approved. Review
of the policy was started in 2005 and a white paper prepared through participatory approach
was published and made public through government websites to be reviewed by experts,
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scholars, students or any other interested readers. The white paper drew considerable amount
of criticism which helped in the refinement of the subsequent drafts of the policy document.
Importance of the insider knowledge is also emphasized by Swales (1990) who believes
that understanding the language isn’t sufficient to understand the professional practices in a
particular context. To understand the interface between the Constitution and the NEP it was
necessary to be informed of the professional practices linked with the making or review of the
NEP (2009). For this I requested an interview (see Appendix B) with the Joint Educational
Advisor in the Federal Ministry of Education, Mr. Muhammad Rafique Tahir which he kindly
granted. Getting information from the expert insider helped the study to have a deeper look
into the usual process of developing the education policy. Mr. Tahir informed the researcher
that input was received from provincial and area representatives representing all sorts of
schools in both rural and urban areas of Pakistan.
Moreover, an advisory committee consisting of seasoned education experts was

formulated to advise the Ministry of Education before formulating and drafting the policy.
They were provided a platform through meetings to create the required synergy of ideas and to
help policy refinement through collective wisdom. A white paper was produced for further
scrutiny by relevant offices and was made an open document that was supposed to be accessible
to the public. Comparing the NEP (2009) with the 1998 to 2010 Policy, he told the researcher
that the latter was formulated after thorough research and the data collectors from the Ministry
tried to reach as far flung areas as Rajhisthan to get input from even an ordinary Hindu teacher
teaching at the local community school. Usually, such a multilayered and multi tired approach
is adopted to design a new policy or to review an already existing one.
NEP (2009) was developed through participatory approach. However, the word
participatory is crucial to understand the process of policy formation and may contribute
towards the conclusion of the study. Participation of different sections of society does not
ensure inclusion of all the opinions and suggestions. It is pertinent to realize the critical
importance of the social divide in Pakistan in terms of literacy / illiteracy rate as well as urban/
rural settlement.
The fact that who might have finally reached such conferences or focused group
discussions to express their opinions, analyses, and suggestions, is a factor worth deliberation.
Even if masses were reached out, it is not clear that how many would have really realized the
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importance of their own deliberated suggestions. Due to lack of research culture in Pakistan,
even genuine processes of data collection usually are unable to gather valuable data or
suggestions from public.
Those who get chances to appear at such platforms are already privileged people with
very strong opinions as well as political preferences. The participants’ political orientation also
determines the quality of their feedback. The assumption is further supported by the fact that,
as stated by Shami, in 1979 policy related meetings, only the representatives from right wing
gave their feedbacks. In contrast, the 1972 conference did not give space to any representative
of the so called right wing (2015, p. 176). This imbalanced representation of different groups
in policy making have might had resulted in lopsided policy decisions.
Sensitizing the public before seeking their opinion, with analysis and positive criticism
is extremely important. When asked during the course of this research, whether they had known
that the policy was under review in 2005, educators and administrators replied that they did not
know that the policy was reviewed in 2005. It was indeed, therefore, difficult to find out who
exactly had participated in the consultative meetings.
Quality of the policy making process depends on the quality of the contribution. Usually
eminent scholars, and educationists are invited to participate, due to their expertise, and are
asked to give their opinions on the failure of the previous policy and to suggest changes for
making the policy a better one. Other participants or opinion makers include representatives
from educational chains, government and non-government organizations.
I happened to witness the second consultative meeting of the NEP in 2016. The
experience gave me a good chance to witness the patterns of policy discussions. As per my
observation, the contribution from most of the representatives of public and private schools
was not encouraging towards policy discussions. Hesitance, on the side of these participants
may be related to private gains or benefits. We cannot deny the fact that there is huge gap in
the quality of education provided by the government and private educational institutions. If
government institutions offer, or are able to offer, equally competent standards of education
then who would go to the private chains or organizations? This question is an explanation in
itself for the low profile presence and contribution of their representatives.
Another important factor influencing the quality of feedback is related to the time given
to the participants. Some participants knew the agenda of the meeting only one or two days
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before the day of meeting. Hasty meetings, conferences and discussions usually lead to
questionable decisions. Lack of coherence in the text of the NEP (2009) is an evidence of the
review and decisions done in hurry.
It is necessary to have a quick look at the body responsible for the development of the
Policy. The Ministry was determined to take in its fold Non Formal Basic Education, Adult
Literacy, Technical Education and Vocational/Professional Training, and Standards in Higher
Education, Academy of Educational Planning and Management (AEPAM), International
Cooperation, and Coordination with Provinces. Vision of the new ministry was determined as
“Making Pakistan a developed and prosperous country by creating equitable opportunities of
Education in sync with demand driven training to its populace.” To undertake all these
responsibilities, it has other departments operated under its umbrella. Some of the significant
departments under the Ministry are National Vocational and Technical Training Commission,
National Commission for Human Development, National Education Founding, and National
Education Assessment System. The Ministry by now has had the following names at different
points in time: Ministry of Education, Trainings & Standards in Higher Education in 2013, and
Ministry of Federal Education and Professional Training in 2014. The latter is prevailing at
present.
Changing a ministry’s name four times in three years raises concerns among educated
and politically aware people of the country and points at the overwhelming political control
over policy making in the country.
5.1.2 Current demographics and the NEP (2009).
If built realistically, national policies contribute towards effective socio developmental

planning of the country. The realistic and efficient planning requires authentic demographic
data, along with other allied information, to look at the big picture before addressing issues
related to the focused areas. Federal Bureau of Statistics was formally established in 1981.
Later, Federal Bureau of Statistics was merged with the Population Census Organization, the
Agriculture Census Organization and the Technical wing of Statistics Division to take its
current form i.e., Pakistan Bureau of Statistics. The Bureau’s Research and Development
Center is responsible to gather and update demographical information related to Pakistan.
The demographic details discussed below have been taken from the official website of
Pakistan Bureau Statistics. As population census took place in 2017, 19 years after the previous
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census, and as the details were available officially, the research utilizes the information from
2017 population census. According to the census, rural population by the time of census
numbered to 132,189,531 and urban population 75,84,989, adding up to 207,774,520. Male
population has been stated as 106,449,322 and female population as 101,314,780. For the first
time in the history of Pakistan, transgender citizens, about 10,418, were also counted towards
total population. 6,709 transgender people lived in Punjab, 2,527 Sindh, 913 in Khyber
Pakhtunkhwa, and 109 in Balochistan, 27 in FATA and 133 in Islamabad (Pakistan Bureau of
Statistics, 2017). The PBS report also shares that 7,651 transgender citizens live in urban areas
while 2,767 people live in rural areas.
If compared with the previous population census of 1998 when population was documented
as 132,352,279 citizens, the annual growth rate has been 2.40. The following visual represents
the part of the population census of 2017 more clearly. The visual has been taken from the
website of Pakistan Bureau Statistics.
Figure 5.1 Selective information from population census of Pakistan (2017)

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It is challenging to form a general opinion about literacy and development in Pakistan

because the picture varies as per province, area, location (urban / rural) and gender. One of the
salient features of the National Education Policy (NEP, 2009) was to enhance the literacy rate
by providing free and universal primary education by 2015, and up to class 10 education by
2025.
However, according to reports by UNESCO (2015) and UNICEF (2017), in spite the
efforts to improve literacy rate in Pakistan the number of children not going to school remained
almost constantly around 24 million since 2005. 25.96 million OOSC were reported in 2012-
2013, 24.82 million in 2013-14, and 24.02 in 2014-15. However, a decline in this number from
24 million in 2015 to 22.6 million in 2016 was recorded last year (National Education
Management Information System, 2015-2016). This ratio of Out of School Children (OOSC)
was 49% for girls and 40% for boys which translates as 12.1million and 10.5 million
respectively. According to these studies Pakistan has the most number of OOSC on after
Nigeria. Further in this connection, literacy rate among the children of 10 years and above, was
60% in 2015. The adult literacy rate (15 years & above) was 57%. The total detailed literacy
rate if perceived as among males and females 70% and 49% respectively in 2015.
In this regard, the studies carried out at national level regarding provincial literacy rate present
a similar picture. Table 5.1 shows statistics related to the literacy rate at provincial level
(Pakistan Education Statistics, 2016).
Table 5.1 Literacy rate in the provinces of Pakistan
Province Male Female Total
Punjab 71% 55% 63%
Sindh 70% 49% 60%
KPK 71% 35% 53%
Balochistan 61% 25% 44%
The current demographic details given at Figure 5.1 and the provincial literacy rate given in
Table 5.1 present a vivid literacy gap. Not only this, the NEP also needs to pay attention to the
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issues of survival rate of students to grade 5, and effective transition rate (ETR) from middle
to secondary level. The survival rate to grade 5, according to the report by Pakistan Education
Statistics 2016-2017(2018), was 67pc as was in 2012-2013. Similarly, the reported ETR for
2016-2017 was 91pc as compared to the 92pc in 2015-2016.
The NEP’s focus on literacy rate or “right to education” (NEP, 2009, p.14) has direct linkage
with the Constitution. This connection has been explored in the following section while
analyzing an interface between the two documents.
5.1.3 NEP (2009) and the Constitution (1973): An interface.
A major addition to the Constitution (1973) was made through 18th amendment in 2010
in the form of section 25A i.e., Right to education. The section reads as “The State shall provide
free and compulsory education to all children of the age of five to sixteen years in such manner
as may be determined by law.” While the first part is a statement of promise and resolve by the
government, it is the second part where NEP comes to play its role i.e., “in such manner as may
be determined by law.”
Interestingly, the provision of universal compulsory and free education for the children
between the ages 6 and 14 was discussed as one of the recommendations of the Sargent Report
(1944), forwarded by John Sargent, the educational advisor to the government of India. Making
it one of the key policy actions of the NEP of 2009 after over six decades of the Sargent Report
mocks in the face of our social and educational development.
The very goal of the Article 25A was to fill the gap in the National Education Policy of
2009. However, the amendment generated different interpretations as to whether education is
under the purview of provincial governments, made the situation more chaotic. However, as
the NEP 2009 had been developed one year before the amendment, it did not have the policy
actions developed in line with the constitutional amendment. Though unlike previous policies,
the NEP 2009 already had room for provincial governments to collaborate with the respective
district governments, the policy was not amended to incorporate the Constitutional Article until
very recently in form of NEP of 2017.
A national policy is usually drafted after layers of consultations at different levels and
intervals. At consultative meetings and conferences, the contributors brought their own
“individual repositories of experience” (Bhatia, 2015, p. 17). History, beliefs, goals of the
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professional community and their patterns of interactions among themselves and with non-
expert members of community are also important to have a better understanding of the
procedural details of the process of the making of NEP (2009).
Participation at review forums and formulation of opinion via discourse are political
acts as the final (product) concept may redefine and transform the world. The proponents may
believe the concepts that they are disseminating are valid and correct as stated by Dunlap and
McCright (2011) and Nyberg et al (2013). Politics of Education (Yeatman, 1990) and
discursive illusions (Bhatia, 2015) are well-known concepts related to any education policy.
According to Jennings (2012), if people of good will don’t deal with policy, decisions will be
left to those who are not equipped to make them, or worse, who are simply uninterested in
fairness and equity in education (as cited in Lamiell, 2012). The study assumes the same to be
true in case of opinion makers and opinion influencers too. Instead of taking it as a neutral and
progressive national educational plan, some policy interpreters and implementers link it with
the political party which initiated it. Even educators take education policies with reservation as
most of them believe the policy to be a propaganda for promoting political objectives of the
party in power. The goodness of the policy is usually doubted by one and all. It is also pertinent
to have a look at the policy implementation mechanism.
The second important step made through the amendment was making education a
provincial subject, meaning, having more funds (through revised NFC criteria) available for
policy implementation. The competent provincial authorities are now in a better position to re-
plan things learning lessons from the past. On a provincial scale, they can look closely and
deeply into the policy gaps, finances, the ghost expenditures, the student and staff absenteeism,
and they can also come up with better accountability and reformative measures by
decentralizing powers down to the sub-district and local scales. As a model or reference, the
starting point may be the use of PITB-prepared software to check staff absenteeism in the
government schools. The provincial governments also need to look into the public private
divide of educational standards and priorities.
To address the problem of implementation gap the 2009 policy focuses more on
governance and promises to invest more on education than ever before. Chapter 9 of the policy
details the Action Plan to be used to address the issue of implementation gap.
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5.1.4 Principles of Policy and the NEP (2009).
Part II of the Constitution is about Fundamental Rights and Principles of Policy (PoP).
Chapter 1 of Part II addresses the areas related to Fundamental Rights and Chapter 2 spells out
Principles of Policy making at national level. This chapter of the Constitution (1973) directly
links Constitutional ideologies to the policy goals at national level. All public policies are to
be in conformity with the Islamic way of life to make sure that Muslims are able to “understand
the meaning of life according to the Holy Quran and Sunnah” (31-1). The Principles not only
direct policy makers to ensure Islamic way of life but also emphasizes equality of all citizens.
Observing these principles is mandatory for each organ or authority of the state or for
each individual working on behalf of the organ or authority.
These Principles include the following:
(a) Taking steps to ensure Islamic way of life at individual and collective levels
(b) Promoting local government institutions, with elected representatives of these
areas and ensuring special representation of peasants, workers and women
(c) Discouraging all sort of prejudices among the citizens
(d) Ensuring full participation of women in all spheres of national life
(e) Taking measures to protect, family, marriage, mother and child
(f) Safeguarding legitimate rights and interests of minorities
(g) Taking measures to promote social justice and eradicate social evils
(h) Promoting social and economic well-being of the citizens
(i) Enabling citizens from all parts of Pakistan to participate in the armed forces of
the country
(j) Endeavoring to strengthen bonds with the Muslim World and to promote
peaceful international relations.
As has already been discussed in Chapter 4, the legal language is characterized by

inherent contradictions resulting into exemptions and conditionalities. For the same generic
complexity, it seems an uphill task to create a synthesis between the principles (a), (c) and (f)
in some agreeable manner. The word legitimate requires explanation as to what criteria will be
adopted to determine the legitimacy of the subject rights.
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As Principles of Policy scaffold the policies to remain in harmony with the Constitution,
the study expected a great deal of ideological density in the PoP. Following is the concentration
of Constitutional ideologies in PoP.
Table 5.2 Ideologies mapped against Principle of Policy (Constitution, 1973)
Sr No Main fields of Ideologies PoP Articles
Article 31
1 Islamic Ideology
Article 40
Article 32
2 Political Ideology
Article 36
3 Power Dynamics and the Constitution (1973) Article 39

Article 33
Article 35
4 Society as envisaged in the Constitution (1973)
Article 36
Article 37
5 Global Dimension and Social Competitiveness Article 40
6 Peace and Human Rights (inland and abroad) Article 33
7 Fundamental Rights Article 38
8 Language Matters Article 31
9 Economy and Financial Resources Article 38
Article 34
10 Gender Dimension
Article 38
11 Education and Allied Issues Article 37
12 Miscellaneous foci -
5.2 Reflection of Constitutional ideologies in the NEP (2009)
Chapter four of the study identified and discussed at length different fields of Ideologies
as identified in the Constitution (1973) of Pakistan. This section will follow the same sequence
to identify and analyze reflection or presentation of the Constitutional ideologies in the text of
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NEP (2009). This chapter will analyze NEP (2009) by focusing on linguistic manifestation of
the same ideological fields as discussed in Chapter 4, to explore to what extent Constitutional
ideologies are reflected in NEP (2009). The research has explored a high level of
interdiscursivity between the two documents. Instances and reasons are discussed below
throughout the discussion on the reflection of constitutional ideologies in the NEP (2009). The
ideological fields extracted from the text of the Constitution (1973) are given below:
5.2.1 Statement of objectives of the NEP (2009).
Sociologists believe that ideologies influence the choice of objectives at national level
and shapes the path to achieve them. Before stating aims and objectives, the policy refers to
The Planning Commission’s Vision 2030, and states the vision adopted by the Ministry of
Education:
Text Box 5.3 Vision adopted by the Ministry of Education (NEP, 2009)
“Our education system must provide quality education to our children and youth to
enable them to realize their individual potential and contribute to development of
society and nation, creating a sense of Pakistani nationhood, the concepts of
tolerance, social justice, democracy, their regional and local culture and history
based on the basic ideology enunciated in the Constitution of the Islamic Republic
of Pakistan.”
Objectives are supposed to be the milestones leading to the achievement of ultimate

Aim or goal. Numerous taxonomies have been developed about how to write specific
objectives to achieve a bigger target. Also the concept of SMART (Specific, Measurable,
Achievable, Realistic and Time bound) objectives (O’Neil, 2000) is very common. A policy
determines long term objectives to be achieved for the duration determined for the policy itself
(if).
As the study was focused on finding the Constitutional ideologies in the policy, it
started looking for places in the text that could contain expression and presence of these
ideologies. Aim and objectives of the NEP was one such place in the text that provided me with
the required information. The aims and objectives are stated in the second chapter of the policy
and help the reader understand the main foci and crux of the policy. After analyzing the
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Objectives of NEP (2009) I loosely grouped these objectives according to their placement in
the text and according to the themes they address. Firstly, the objectives were noticed to have
taken place literally at three kind of places in the policy document. As are stated below:
a) The Objectives of the Policy itself
b) The Objectives of the Implementation Plan
c) The Objectives scattered in the text of the NEP over all
Secondly, the objectives were interpreted according to their use of language.

However, only the 20 Objectives placed in Chapter 2 of the NEP (2009, p. 17, 18) were
analysed in detail for this study. An interesting finding in this regard was that while some
objective were worded clearly to mention the targets to be achieved, some others could be
interpreted as means to attain objectives rather than being objectives themselves. These
categories of objectives based on their expression are mentioned in Table 5.3 below:
Table 5.3 The suggested categories of Objectives of NEP (2009)
Sr. No Categories Objectives
1 Tangibles and easy to assess 6, 8, 14, 19

Objectives
2 Intangibles and hard to assess 3, 7, 9, 13,

Objectives 18, 20
3 Containing strategies to achieve 4, 5, 11, 12,

the Objectives 15, 16, 10
4 Entailing Strategies to achieve 1, 2, 17

the Objectives
The tangible and easy to assess objectives are very clear and specific. For example the sixth
Objective of the NEP states that:
To provide and ensure equal educational opportunities to all the citizens of Pakistan
and to provide minorities with adequate facilities for their cultural and religious
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development, enabling them to participate effectively in the overall national effort.
(NEP, 2009, p. 18)
Similarly, an example of intangible and hard to assess objectives is the third objective of the
policy as it states “To create a sense of unity and nationhood and promote the desire to create
welfare State for the people of Pakistan. The statement is worded like a wish and not like a
specific objective. It neither contains not entails any strategies to be used for the achievement
of the objective.
Continuing the analysis, the third category identifies the objectives which contain strategies to
achieve the same objective. For example, the 11th Objective of the NEP (2009) states that “To
improve service delivery through political commitment and strengthening education
governance and management (p. 18).” The objective targets to improve service delivery
through certain strategies as listed in the body of the statement.
The fourth and last category suggested by this study is related to the objectives entailing
strategies to achieve objectives. The second objective (p.17) is an example of this category:
“To enable an individual to earn honestly his/her livelihood through skills that contribute to the
national economy and enables them to make informed choices in life” (NEP, 2009).
The objective entails the devising of certain strategies and to specify skills to enable an
individual to earn. It is important to realize that these groups are not exclusive to each other. In
fact, there is a good amount of intricate overlap between the four categories given in Table 5.3.
The tenth objective of the NEP (2009) was considered very important, from the analytical
viewpoint, in terms of talking about ideals, it presents specific strategies to address the
identified weak areas of the Government education system. This objective is constructed in a
unique way as it can easily be identified to have hierarchical thought structure. The Objective
targets “to revive confidence in public sector education system” by adopting the measure of
“raising the quality of education provided in government owned institutions.” The objective
mentions the following measures to raise the quality:
a) “setting standards for educational inputs, processes and outputs”

b) “institutionalizing the process of monitoring and evaluation from the lowest to
the highest levels”
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The objective though lengthiest of all the NEP objectives is also the most specific and
measurable. The Objective was noticed to be in thematic harmony with the Articles 37 (b) (c)
(f), and 25A which focus on free and compulsory education.
Use of verbs in the objectives of the policy could not go unnoticed during the analysis.
The 20 Aims and Objectives use the following action verbs to define the overall foci of the
policy:
Text box 5.4 Verbs used in the Objectives of NEP (2009)
to revitalize; to play; to create; to promote; to provide; to develop; to aim at; to
raise; to revive; to improve; to develop; to enable; to widen; to equalize; to
eradicate; to lay emphasis; to encourage, and to organize.
The choice of verbs, given in the Text box 5.4, indicates the progressive and optimistic
approach of the policy being progressive, aware of certain issues to be eradicated, and certain
phenomena in need of encouragement. The study yields some observations about the potential
reasons of the gap between the aspirations and achievement of the objectives. The
understanding mainly came from the discussions held at 2nd Consultative meeting on the
review of NEP (2009) held early 2017, These reasons are summed up below:
1. Lack of political interest

2. Poor financing for education
3. Faulty Implementation
4. Low competence of teachers
5. Lack of proper training of teachers
6. Lack of accountability mechanism in the sector
The objectives of the NEP (2009) were found to be in close coordination with the Constitution
(1973). However, a nonalignment with the Article 25A was evident due to the time lapse
between the two documents. The objective have also been discussed with reference to the fields
of ideologies, in the following part of the chapter wherever relevant.
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The ideological fields as identified in the previous chapters have been uncovered in the
text of the NEP (2009). However, due to different generic objectives and construct of the
documents under analysis, it was not possible to create a match between ideologies at the level
of sub-fields too. To identify the points of convergence between the two documents, a
comparison of the presence of ideologically laden words was drawn. The same has been
presented in tabulated form, and at the end of each individual field.
5.2.2 Islamic ideology.
Islamic ideology has a very strong presence in the Constitution (1973) of Pakistan. In
the text of the National Education Policy (2009), the words Islam and its derivative Islamic
have been used 12 and 38 times, respectively. The NEP (2009), in its Paragraph 8, maintains
that “The Policy is also embedded within the Islamic ethos as enshrined in the Constitution of
the Islamic Republic of Pakistan.”
To safeguard the Islamic Ideology, the second Objective of the NEP emphasizes to
“play a fundamental role in the preservation of the ideals, which lead to the creation of Pakistan
and strengthen the concept of the basic ideology” (NEP, 2009, p.17). This objective is the result
of the Principles of Policy (Articles 29 and 30, Constitution (1973). The analysis can safely
assume that preservation of ‘ideals’ here refers to all those ideals as those mentioned in the
Constitution. The previous Chapter has a detailed discussion of the statement of ideals in the
Constitution of Pakistan (1973).
It is relevant here to mention that the chapter on Islamic education and provisions,
present in NEP 1999 as chapter III, is no more part of the NEP 2009. Moreover, the following
provisions from NEP 1999 have also been removed from NEP 2009 (Bhopal, 2009). The state
shall endeavor to do the following:
i) to make the teachings of the Holy Qur’aan and Islamiat compulsory

ii) to encourage and facilitate the learning of Arabic language
iii) to secure correct and exact printing and publishing of the Holy Qur’aan
iv) to promote unity and the observance of the Islamic moral standards.
The emphatic expression on Islamic provisions which used to be exclusively expressed

in the previous policy has been substituted with the mellowed and inclusive linguistic approach
in the thirteenth paragraph of the NEP (2009). The phrases on “religion” have been carefully
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sandwiched between the mention of Principles of Policy (PoP) and “cultural values and
traditions.” The paragraph may be read as follows:
Text Box 5.5 NEP (2009) on Islamic Provisions
“The Policy recognizes the importance of Islamic values and adheres to

the agreed principles in this regard. All policy interventions shall fall
within the parameters identified in the Principles of Policy as laid down
in Articles 29, 30, 31, 33, 36, 37 and 40 of the Constitution of Pakistan,
1973. These include the need for developing Pakistani children as proud
Pakistani citizens having strong faith in religion and religious teachings
as well as the cultural values and traditions of the Pakistani society (NEP,
2009, p. 09).”
Paragraph 13 of the policy, referring to the Principles of Policy ensures adherence to

the principles to develop Pakistani “citizens as having strong faith in religion and religious
teachings.”
A complete chapter in the NEP (2009) is on Islamic education. Paragraph 85 which is

the first para of this chapter presents an extract from the Objectives Resolution emphasizing
how all NEPs have remained committed to develop an integrated yet balanced system of
education. The Policy Action under paragraph 88 (p. 32) informs that all Muslim children will
be taught about the fundamental principles of Islam to enable them to reform and “develop the
society on the principles of the Qura’an and Sunnah.” (NEP, 2009).
The Comparison of occurrences of ideologically laden words related to Islamic

Ideology in the texts of the Constitution (1973) and NEP (2009) is presented in Table 5.4.
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Table 5.4 Comparison of occurrence of ideologically laden words related to Islamic Ideology
S No Field of Ideology Words NEP Constitution
1 Islam 12 29
2 Muslim 3 21
3 Muslims 7 27
4 Non-Muslim 2 3
5 Non-Muslims - 20
6 Sect/s 1 6
7 Ideology 2 4
8 Islamic Ideology Islamic Teachings 4 2
9 Islamic ideology - 14
10 Ideology of Pakistan 1 2
11 Ideology of Islam 1 -
12 Holy Quran 1 -
13 Religions - 2
14 Ideas 2 -
15 Religion 4 17
The concepts more frequently collocated with the word Islam are Islamic teachings, values,
way, and education. In this connection, in contrast to the Constitutional text, the word
safeguard has not been used even a single time in the whole text of NEP (2009). It may be
inferred that in NEP Objective 2, the lesser emphatic expression preservation indicates its
weaker position from enforcement standpoint. The study also observes the use of word religion
in the policy which is used four times in a neutral way to talk about religious teachings,
religious sensitivities, and religious education irrespective of the religion as compared to the
count of 17 in the Constitutional text as has been presented in the Table 5.4. All the above listed
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words related to Islam have very low frequency in the policy in comparison with the
Constitution. The word non-Muslim has not even one occurrence in the text of NEP. The only
word occurring more frequently, double the frequency in the Constitution, is Islamic teachings.
The table 5.4 exhibits a strong correlation between the two texts in terms of Islamic ideology.
It also verifies the analysis related to the lexical variation presented in the Figure 5.2.
Next, in the row of constitutional ideologies, is political ideology and has been discussed in the
following section.
5.2.3 Political ideology.
Political ideologies of an era reflect into the texts of education policies, as well as
Constitutional texts, making education a politically contested domain. It is inevitable to use
concepts from political science while analyzing the Constitution and education policy
NEP (2009) identifies, in its paragraph 11, political structure as one of the factors that
impinge the efficiency of the education system in Pakistan. The negative connotation of the
word impinge stands in clear contrast with the statement in the 11th Objective of the NEP (2009,
p.18). The eleventh objective of the NEP, partially shares the theme with the 10th objective
which is focused on quality of education. However, it mainly focuses on “service delivery
regarding education” through two measures i.e., “through political commitment” and through
“strengthening education governance and management.” The first of the measure, hoping
against the hope, seems politically incorrect due to its use of the word political. It has already
been discussed how politics negatively influences education policies. The political party in the
power usually unfortunately partially or completely discards the previous policies. Political
commitment here may prove the weakest of the commitments. The second measure, on the
other hand, has the positive use of governance. The Objective echoes with the Constitutional
commitment and pushes the executive authorities and offices at different levels to ensure good
actions / governance with respect to their assigned areas. In this case it undoubtedly becomes
the responsibility of the Ministry of Education and its respective divisions, and so will continue
involving the downward hierarchy as per the Constitutional provisions. This analytical stance
of this study is supported by Paragraph 11 of the NEP (2009, p.9) with the statement “The
societal, political and governmental structures also impinge on the effectiveness of the
education system. An education policy cannot be prepared in isolation of these realities.”
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Political influence can be seen the NEP in its paragraph 16 (p.10) when it states “the
national educational systems also evolve as a response to the particular demands of distinct
ethnic, social, economic, religious, political groups and communities.” The negative influence
of politics on education has also been highlighted in the education policy in paragraph 41 (p.
14). The para identifies negative political influence in the areas of “allocation of resources, in
recruitment, training and posting of teachers, training and posting of school administrators, in
awarding of textbook contracts, and in the conduct of examinations and assessments.” The 3.3
Section of the NEP (2009) under paragraphs 62 – 66 discusses the ways to overcome
fragmented governance
The positive reference, made in the NEP, towards politics is in terms of governance.
The twentieth and the last Objective is also related to the governance matters to bring parity
across the provinces and areas. The Council of Common Interest (CCI) comes to play its
Constitutional role in the sector of education. The political ideologies as envisioned in the
Constitution and as realistically portrayed in the NEP show the gap between political ideals of
the country and actual practices.
The Comparison of occurrences of ideologically laden words related to Political

Ideology in the texts of the Constitution (1973) and NEP (2009) is presented in Table 5.5.
Table 5.5 Comparison ideologically laden words related to Political Ideology
1 Constitution 19 477
2 Democracy 2 2
Political Ideology
3 System 127 10
4 Provincial 32 403
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Having less than the quarter words as compared to those in the text of the constitution,
and having more lexical variation, the entries 4 and 7 in the Table 5.5 were of special interest
to the analysis. The striking difference in the count of the word system in the NEP had mainly
occurred with reference to system deficiencies and education system while the 10 occurrences
of the word in the constitution were mainly identified in the context of political system. The
word politics was not found even once in both the texts. However, the word political was found
to be used ten times, mainly with negative connotations like political interference, political
intervention, and political influence etc. The 53 entries of the word in the Constitution was
found in usage predominantly with reference to political parties. Usage of the words as shown
in Table 5.5 clearly indicate a clash between the political practices and educational preferences
of the country. The study infers from the given analysis that instead of supporting the NEP of
the country, politics in Pakistan has become a hindrance in the achievement of the objectives
of NEP.
5.2.4 Power dynamics.
Chapter four of the NEP discussing the duties of the society and the state towards
Islamic education, refers to the Objectives Resolution which state “Wherein the State shall
exercise its powers and authority through the chosen representatives of the people.” The
statement can be interpreted from the political and power perspectives or both.
According to Yeatman, “sources of power and authority are usually undetermined in

public policy documents” (1990). Though the concepts of powers and politics cannot be
separated from each other, this section will make an effort to remain limited to the concept of
power only. As NEP (2009) was made before the 18th amendment, it showed concerns about
the relations between the federal and the provincial government, and the provincial and the
local governments (Para. 68). The study assumes that it does not remain a concern after the
devolution of the powers.
Devolution of powers needs good governance to make the best out of the amendment.
However, winning the public’s trust in favour of competent policies needs well thought out
strategies. The faulty processes and policies trigger restlessness and skepticism among the
public about government policies. I found one such example related to misuse of power or
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failure of power a news report of 08 November (Dawn, 2017) and found it related to power
dynamic. The newspaper reported that a total of 65,003 fake CNICs had been found circulating
in the country, of which Punjab accounted for 20,865, Sindh for 15,579, Baluchistan for 11,859,
Khyber Pakhtunkhwa for 10,884, FATA for 3,834, Islamabad for 1,087, Azad Jammu &
Kashmir (AJ&K) for 832, and Gilgit Baltistan for only 63. Such cases of fraudulent use of
identities do not occur because of one individual. Context and factors related to such use or
misuse of power cannot be descried through one example only. However, I was intrigued to
know how the concept of power was used in the texts related to this study.
The Comparison of occurrences of ideologically laden words related to Power

Dynamics in the texts of the Constitution (1973) and NEP (2009) is presented in Table 5.6.
Table 5.6 Comparison of occurrence of ideologically laden words related to Power Dynamics
1 Dissolve - 8
2 Military - 11
3 Power 1 116
Power Dynamics
4 Authority 7 141
5 Misuse - 1
6 Privileges - 26
Occurrence of the words identified to convey power related meanings clearly shows the
overwhelming use of the words in the constitutional text. The word power was found to be
used mainly with reference to the office bearers of the government, bodies related to the
legislature, and judiciary. In comparison, the word power was used only once in the NEP
(2009), in the context of social inclusion and distribution of power. The only other word used
from the list in the NEP text was authority. The word was used thrice as part of the quoted lines
from the Constitution and rest of the word count was with reference to Standards Authority and
Management Authority to provide assistance to educational institutions. The information given
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in the Table 5.6 shows the inherently independent and controlling nature of the genre of the
Constitution in contrast with the dependent nature of the NEP as a policy document.
5.2.5 Society, Constitution (1973) and NEP (2009).
5.2.5.1 Social justice and civic life. Unlike the text of the Constitution (1973), the NEP
(2009) does not use the word social justice directly. However, it focuses on the traits which
eventually lead to social justice and civic sense. The 9th objective, in this connection, through
selection of a series of strong words, expresses the ideal characteristics an individual in
Pakistan should have. It focuses on raising individuals who should have the following
capabilities and traits for the common good:
a) “committed to democratic and moral values”
b) “aware of fundamental human rights”
c) “open to new ideas”
d) “having a sense of personal responsibility”
e) “participating in the productive activities in the society.
The NEP clearly requires the individuals to possess knowledge of the Constitution of
Pakistan to materialize the objective. The study finds it relevant to refer to the 8th Objective of
the study for having certain amount of vagueness about it due to its odd beginning phrase. The
objective starts with the expression “to aim at nurturing total personality of the individual”, and
the word “individual” is followed by adjectives like “dynamic, creative and capable of facing
the truth as it emerges from the objective study of reality.” An objective usually is set to achieve
an Aim, and so in hierarchical positioning it comes under an Aim. Moreover, an Objective has
to be achievable. However, it sounds quite paradoxical if an objective is set to further aim at
something which is highly tangible again. The objective embodies cognitive confusion at both
ends of discourse production and discourse reception. The sentence discursively seems more
suitable to be placed in the introductory paragraphs of the NEP to state high ideals.
5.2.5.2 Paradigms of inclusiveness and pluralism. The word society has been used 36
times in the policy of education. Social inclusion, togetherness, and pluralism were identified
as main themes running through the Constitution. The difference between the ideals and real
practices is again obvious from the use of the word social exclusion. The policy also warns
231
against facing “unprecedented social upheavals” (Para. 26) if inclusive development, as

envisioned in the Constitution, is not made. Paragraph 28 of the NEP (2009) identifies causes
of the social exclusion as “uneven distribution of resources and opportunities and
apprehensions of sliding down on the scale of poverty promote social exclusion” which may
find expression in ethnic strife, sectarianism and extremism, etc. “The phrase “social
exclusion” is overwhelmingly used in the NEP.
Section 1.5 of the NEP is titled social exclusion and social cohesion. Moreover, Policy
Action 3 of the NEP focuses on addressing the menace of social exclusion. The very first
objective targets the “social, political and spiritual needs of individuals and society” (NEP,
2009). The verb used to achieve the target is “to revitalize” which entails a host of other
measures to be designed and adopted to meet the objective. This objective is in lines, mainly,
in the Preamble and Articles 37and 38 of the Constitution (1973) of Pakistan. These sections
focus on social wellbeing and eradication of evils.
The third Objective of the NEP echoes with the Constitutional provisions to promote
unity. The Objective to be achieved is “To create a sense of unity and nationhood and promote
the desire to create welfare State for the people of Pakistan” (NEP, 2009). Very ambitiously,
this objective is targeted at two intangible targets i.e., “creating sense” and to “promote desire.”
The study hopes that the concerned offices have also created rubrics and assessment criteria to
evaluate what has been achieved so far of this objective.
The next three objectives can be easily identified by the theme: social cohesion,
inclusion and unity. The same are given in the text box below. The fourth objective targets at
promotion. Promotion at the level of education policy needs further strategies, means and ways
to bring about the envisioned phenomenon. The strategy however, has not been indicated. The
fifth objective also uses the same word to achieve the objective which is to promote. The second
part of the objective gives linguistic expression to the strategy i.e., through the conscious use
of educational process. Educational process along with many other factors, is immensely
dependent on pedagogical circumstances and hugely suffers at the hands of untrained or poorly
trained teachers.
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Text Box 5.5 NEP Objectives related to Social Inclusion
“Objective 4: To promote national cohesion by respecting each others’ faith and religion
and cultural and ethnic diversity. (NEP, 2009)
Objective 5: To promote social and cultural harmony through the conscious use of the
educational process. (NEP, 2009)
Objective 6: To provide and ensure equal educational opportunities to all the citizens of
Pakistan and to provide minorities with adequate facilities for their cultural and religious
development, enabling them to participate effectively in the overall national effort. (NEP,
2009)”
Even though the Constitution is inclusive in terms of gender, class, and religion, it
misses the “transgender citizens” of the country. This minority community got the State’s
attention very recently, when they were also counted towards the country’s population in the
2017 census irrespective of the fact that the real number of these citizens is much more than
the counted ones. The reason may very easily be contributed to the taboo linked with the social
and biological reality. However, this being a different area of research, I would remain focused
on the concept of inclusion. Education related deprivation of this particular community has
been discussed in the following section.
The Comparison of occurrences of ideologically laden words related to Society and

Social Life in the texts of the Constitution (1973) and NEP (2009) is presented in Table 5.7.
Table 5.7 Comparison of occurrence of ideologically laden words related to Society and
Social Life

1 Society and Social Culture 8 3
2 Life Cultures 2 2
3 Unity 5 7
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4 Individual 16 3
5 Creed 2 2
6 Family 1 9
7 Uniformity 15 7
8 Society 36 5
9 National 132 242
10 Nation 5 1
11 Pakistani 5 1
12 History 3 -
13 Youth 3 -
14 Preservation 1 3
15 Children 46 5
16 Tolerance 5 2
17 Responsibility 12 14
18 Moral standards - 1
19 Civic 4 -
The Table 5.7 presents the varying priorities in the use of lexical items in the context
of the ideological field related to society and social life. The preferred words in NEP are related
to values, culture, individuality, uniformity, society, history, children, tolerance and values.
The constitution’s inclination towards rights, duties, duty, responsibility and national(ism) are
identified to perform different roles as national documents. Use of the word duties in the text
of the Constitution refers to the duties of the government offices, office bearers and agencies
however, the word duty mainly refers to the duty of the individual towards the State and society.
Before presenting the Table 5.7, the study would have expected a better match between the
lexical choices in both the documents related to this field of ideology
5.2.6 Education and allied issues.
Section 25A, 18th Amendment, resulted into new ministries/ departments and offices
related to Education. Ministry of Professional and Technical Training was established in July
2011 in the wake of the amendment and some of the Departments/ Organizations previously
234
under MOLM and MOE were placed under this Ministry. As per the Judgment of the Supreme
Court of Pakistan, 25th November, 2011, due to Article 25A the Federal Government couldn’t
absolve itself from the responsibility of providing Education to its citizens. The new Ministry
was renamed as “Ministry of Education and Training” in July 2012. The ministry’s renaming
was endorsed and its functioning was approved by the Council of Common Interest (CCI) on
8th November, 2012.
NEP (2009) talks about education 256 times in its text. The policy talks about different
levels of education, types of education, education programmes based on the recipients of
education, and problems and suggested way forward. The NEP mainly touches upon equity in
education, female education, and resource allocation. It is necessary here to mention that there
are different forms of educational institutions in Pakistan.
a) Gov’t/ Public educational institutions

b) Semi Government educational institutions
c) Military run schools / educational institutions
d) NGOs-run educational institutions
e) Combination or mixed category educational institutions
Yet another way to classify these institutions would be their placement in Urban or
Rural areas. Another set-up of education which escaped attention and accountability due to its
strangely ephemeral role is private academies, ranging from coaching centers to private
businesses. The twelfth Objective of the NEP takes an inclusive view of education and aspires
to connect the sub sectors of education through policy and planning. Improving the condition
of Government schools has been identified in the NEP (2009) as the prime priorities of the
state. The huge data available (through various national surveys and NGOs) on the deteriorated
conditions of the schools yield enough information to enable the federal and provincial
governments to strategize for the upcoming years. An analysis of the quality of these schools
further helps us understand the reasons of dilapidated educational outcomes. 21% of public
sector primary schools are being run by a single teacher for each of these schools and 14 %
schools are managed in a single classroom each. According to the Pakistan Education Statistics
report (2018), the ratio of students to teaching staff is also an important indicator of the
resources devoted to education.
235
Role of education in the prosperity of the nation had been identified much before the
creation of Pakistan and clearly emphasized by the founder of the country, just three months
after the independence. In November 1947, Muhammad Ali Jinnah pronounced in his inaugural
address: “There is no doubt that the future of our State will and must greatly depend upon the
type of education we give to our children and the way in which we bring them up as future
citizens of Pakistan.”
In this connection, only a strong NEP can minimize the quality gap between these
institutions and bring uniformity of educational objectives. Instead of following static and fixed
curricula, the policy proposed to follow a common curricular framework with the hope to
bridge the quality gap between public and private sector schools positively by 2010. The
uniformity in educational institutes indeed will lead to more harmonious interaction not only
at both inter and intra-provincial levels but also between citizens from different strata of society
and different areas of the country. A uniform education system guarantees more equal
professional opportunities and helps minimize differences. It would eventually lead people
towards a more prosperous future and foster love for the country.
A nation already divided into provinces on the basis of ethnicity, language and culture
will only roll this cycle of inequality if not united by a central education policy or other similar
document. Education policy needs to be supported by other policies. Many reforms in different
ministries are taking place but, in silos. A collaborated planning of projects will result not only
in economy of expense but will also optimize the available resources and enrich the outcomes
of each collaborating ministry / domain/ organizations.
The fifteenth Objective of the NEP also stresses inclusive education, and is in lines with
the Constitutional preference for equity in education. The objective targets at equity to receive
education irrespective of gender and socio-economic status of the individual. An interesting
observation made in this study is grouping of gender, underprivileged and handicapped citizens
under one heading. The same observation has been made in the previous chapter. The
correlation may be clearly seen in the following text of the objective.
236
Text Box 5.6 NEP Objective on equity of education
“Objective 15: To equalize access to education through provision of special facilities

for girls and boys alike, under-privileged/marginalized groups and handicapped children
and adults.”
The NEP of 1972 recommended that technical education should be introduced to

provide a technical hand to those who could not continue education after matriculation. NEPs
have always been impacted by factors like funding, resources (including teachers), and
structure of the education system. Educational reforms are undertaken essentially to improve
the system, administration, content, methodology of the present situation of education in terms
of access, equity, quality, relevance, efficiency and cost/finance.(Buchart,1998; Williams &
Cummings, 2005).
NEP 2009 addresses early childhood education in paras 91, 92 and 93 and recommends
that the curriculum from Class 1 onward would comprise of English (as a subject) Urdu, one
regional language and Mathematics, along with an integrated subject to focus more on their
cognitive abilities. Touching upon teacher education, the policy lays down the minimum
criterion to teach at the elementary level is to have a Bachelor degree with a B.Ed. A Master’s
degree with a B.Ed. is required to teach at the secondary and higher secondary levels. The
policy expectantly set 2018 as the time frame to achieve this objective. Article 25 A of the
Constitution can be indirectly related to the quality of teachers and to the teacher education at
all levels and in all contexts. There needs to be congruence in teacher education, education
policy and the Constitution at the national level. In its strategic vision, the NEP (2009, p. 58)
states that:
A two-fold strategy for R&D promotion at universities shall be pursued. In the first
case, basic research in the universities and research institutions shall focus on building
the capacity to conduct and absorb cutting edge research. The second strand shall be a
focus on knowledge mobilization - that is, transmission of research knowledge through
various forms of university-industry partnerships and incubator programmes and
237
science parks to the business sector. This commercialization strategy aims at assist the
innovation process of the economy.
The above statement from NEP is strongly connected to the constitutional priorities.
The Constitution of Pakistan directs the Government to ensure security, prosperity, and
education for all citizens. These areas directly relate to financial status of the country. While
no country has adequate financial resources to fulfill such needs for all the citizens, but each
country strives to stand on own feet economically. Pakistan has repeatedly performed poor in
economic growth for many reason. The NEP heavily stresses to encourage educational
institutions to use research for accelerated economic growth of the country (Chapter 2),
universities and research institutes to mobilize research for promoting innovation in the
economy, Deeni madaris to be streamlined through research based curricula (chapter 4),
teacher training to be research based (Chapter 6), need of research strengthen technical
education and vocational training (Chapter 7). The policy also requires research in higher
education to contribute to the innovation process, economic growth, sustainable development
and social cohesion (Chapter 8). In the same connection, it encourages higher education
institutions to meet diverse demands by making appropriate courses available.
In my understanding, we have not been able to relate our education (research) to modern
industry as professed by the Constitution. An analytical look in retrospection informs that our
effort has been to export raw items like rice, mango, cotton etc. to other countries. Our focus
to value addition has remained nonexistent. This is the reason that our export struggle at bare
US dollar 20 to 22 million per year, whereas the imports are more than three times this figure.
Value addition through using academic research and thus producing advance quality products
is the key to augment financial resource of a nation. No amount of raw material that we might
export can bring financial dividends that the sophisticated hardware can bring. Today advance,
communication systems, IT products, and defence equipment have resulted as the major
contributors to the economy of the leading nations of the world. Developing countries like
Singapore, Taiwan, Indonesia, Turkey and South Korea have focused on this aspect. Therefore
these countries today export highly priced electronics, military hardware, sophisticated IT
hard/software, and have thus become prosperous. This is the only way to utilize research in
order to bring prosperity to our people.
238
In this connection, as shared by the former secretary board of investment Pakistan,

Zimindar (2018), in Pakistan some progress was made in Pakistan Air Force (PAF) where
indigenization quickly brought results in shape of manufacturing training air craft Super
Mushak (over 100 being exported to different friendly countries), manufacturing of high-tech
JF-17 (over 100 aircraft flown by PAF and also being exported), advance weapons and other
avionics. Development of aviation city is an example of right step in this direction where Air
University’s Aviation and Aerospace campus focuses on high quality research, design center
looks at detailed designs of weapons, UAV and fighter/commercial air crafts, and industry links
with these two organs and develops high quality products. A certification agency, recently
developed, ensures right steps and procedures in order to produce internationally certified
products. Aviation City is one of the most important technology and business initiative and has
capacity to generate over US Dollars 60-70B in the next ten years. The education institutions
in Pakistan need to develop academia-industry linkages as has been stressed repeatedly in both
the texts under analysis.
Another form of education, religious education imparted at Madrassas, also got a

portion of attention of the policy makers and it was documented that Deeni Madaris will
incorporate contemporary studies in their curricula to enhance prospects of their students to
pursue higher studies, research and excellence and to ensure employment, recognition and
equivalence. The NEP, in its para 46 (p.16) recognizes the issues related to the debate on” how
and what religious and moral values to be taught through the educational system and how to
accommodate non-Muslim minorities.”
Many education policies in developing countries are evaluated on education indicators

and new policies are formulated on newly set policy goals which are usually related to human
rights, economic growth, and social integration (Kitamura, 2009, p. 3). The policy
objectives related to economic growth in fact aim at the improved quality of education and
brings more focus on technical and vocational institutions.
A Comparison of occurrences of ideologically laden words related to Education in the

texts of the Constitution (1973) and NEP (2009) is presented in Table 5.8.
239
Table 5.8 Comparison of occurrence of ideologically laden words related to Education
1 Aware/Awareness - -
2 Education 285 12
3 Knowledge 25 5
4 Literacy 49 -
5 Illiteracy 4 1
6 School/s - 3
7 Vocational 10 -
Education
8 Formal 34 -
9 Informed 34 8
Education
10 Information 25 7
11 Curriculum 50 1
12 Instruction 7 5
13 School 90 -
14 Schools 75 2
15 Early education 10 -
16 Religious education 1 -
17 Training 32 7
18 Research 62 6
240
It is natural to see the word education, school, schools, curriculum, and literacy
occurring very frequently in the NEP text. Out of 285 occurrences of the word education, 10
were found in link with early education, 8 with reference to vocational and technical education
and one time with reference to religious education. However, no mention for the education of
transgender citizens was found expressed through any lexical item. The stress on early years
education, stands aligned to the Article 25Am of the Constitution even before the 18th
amendment. The analysis identified the non-presence of many words related to Education and
concluded the reason as such words to be related to the procedural details handled in the
document of NEP.
5.2.7 Language matters.
As per the policy, it was suggested that English language will be used as the medium
of instruction for Sciences and Mathematics from class IV onwards. However, this option
would remain open for 5 years. After five years the teaching of these subjects shall be in English
only. Supreme Court’s decision of 2015, to use Urdu as an official Language necessitates
competent Urdu language skills and this factor has to be borne in mind at the time of
development of the next NEP.
According to the information available in the Annexure 1 at the end of the NEP (2009),
as per the findings of the National Education Census of 2006, the medium of instruction
employed by the educational institutions was predominantly Urdu (65%) with a higher
percentage for public institutions (68.3%) compared with the private sector institutions
(57.2%). Sindhi was used as medium of instruction in 15.5% educational institutions, English
in 10.4% and other languages (Pushto, Balochi, Arabic etc.) in 9.5% educational institutions.
Along with matters of Urdu, English and local languages, Teaching and learning of
Arabic language also has been emphasized in the Constitution. Article 31 “Islamic way of life”
requires the State to take measures to facilitate the Muslim citizens with the teaching and the
learning of holy Quran and to encourage and facilitate learning of Arabic language. Clause 2(a)
of the Article states as follows:
241
Text box 5.7 Article 31(2)(a) the Constitution (1973)
“…to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and
facilitate the learning of Arabic language and to secure correct and exact printing and
publishing of the Holy Quran (Constitution, 1973)”
A Comparison of occurrences of ideologically laden words related to Language in the

texts of the Constitution (1973) and NEP (2009) is presented in Table 5.9.
Table 5.9 A Comparison of occurrences of ideologically laden words related to Language

1 Language 18 12
2 Languages 3 -
3 English 13 1
4 Urdu 14 3
Language Matters
5 Arabic 5 1
6 Sindhi 2 0
7 Pushto 1 0
8 Balochi 1 0
Though a detailed discussion has been presented under section 4.3.10, and a brief
literature review given in the section 2.12 of this study, it seemed pertinent to compare the
lexical choices related to language, in both the documents as has been presented in the Table
5.9. The word language has been used to refer to international, national and regional languages.
While the policy declares the medium of education to be national or regional language, it also
attributes the importance of English language to the “bias of job market” and a source of “social
stratification between elite and non-elite” (p.27). Use of the plural expression languages refers
to the subject of language and regional languages. Mention of the word language in the
Constitution however, is more related to the preservation of language, Arabic language,
national and regional languages and English language. However, it cautions in Article 251
against any prejudice to the status of Urdu as national language. The analysis affirms that the
genre of the Constitution conveys meanings related top safeguarding of certain ideologies.
242
5.2.8 Economy and financial resources.
Economy is undeniably linked to the implementation of NEP and impacts the quality
of professional skills, training, and infrastructure and to other attached variables too. A nation’s
concept and handling of available resources make it important to undertake this area in the fold
of the study, though briefly. The objectives of the NEP 2009 clearly echo the dominant
political-economic ideology which focuses more on market mechanism (Ball, 2007).
Three consecutive Objectives of the NEP (2009), seventeenth, eighteenth, and

nineteenth, may be grouped together due to their shared area of concern i.e., economy. The
three objectives desire the individuals to be prepared for the world of work, to contribute to
national economy, and to contribute to accelerate economic growth of the country. The
overwhelming stress upon economic viability over-shadows the prime objective of education
which is to groom good human beings. None of the objectives touches upon pride in national
and indigenous values.
Text Box 5.10 NEP Objectives related to Economy
“Objective 17: To enable an individual to earn honestly his/her livelihood

through skills that contribute to the national economy and enables them to make
informed choices in life.
Objective 18: To lay emphasis on diversification from general to tertiary

education so as to transform the education system from supply-oriented to
demand-oriented and preparing the students for the world of work.
Objective 19: To encourage research in higher education institutions that will

contribute to accelerated economic growth of the country.”
Further, the fourteenth Objective may also be grouped up with the 13th, 17th, 18th and 19th
objectives due to its two foci as is obvious from the text box below:
243
Text Box 5.8 NEP Objective related to Economy and Universal Education
“Objective 14: To widen access to education for all and to improve the quality of
education, particularly in its dimension of being relevant to the needs of the
economy.”
An overwhelming stress on employment and financial stability as objectives of

education is evident from the first to last chapter of the policy. Placing the demographic
transition in the back ground, the policy levels the way to understand the policy objectives. The
fact, as discussed in the NEP (2009), that the dependent population in Pakistan has reduced
from 51.2% in 1981 to 38.3% in 2015, and that the working population has increased from
48.8% to 61.7% in 2015, demands the government to prepare to benefit from the changing
demographics of the country. However, the economy focused objectives need to present work
to be a source of fulfilment and self-expression. Else, such objectives reduce working people
to “mere fragments” or “crippled monstrosity”, to use Marx’ words (1990, p. 360). Such
educational objectives turn education mere means to earn money and not opportunity to explore
one’s personality.
On the other hand, almost all the NEPs so far have been pointing out insufficient budget
for education. Lack of sufficient budget has been pointed out in the policy as well as was
highlighted by the Joint Secretary Education (personal communication) as one of the major
causes of non-achievement of policy objectives.
The Comparison of occurrences of ideologically laden words related to Economy &

Financial Resources in the texts of the Constitution (1973) and NEP (2009) is presented in the
Table 5.10.
Table 5.10 Comparison of occurrence of ideologically laden words related to Economy &
Financial Resources

1 Budget 8 5
2 Economy & Grant 1 17
Financial
3 Resources Economy 19 -
4 Financial 14 41
244
5 Poverty 5 -
6 Deprived - 2
7 Expenditure 6 74
The national ideology related to finance has already been discussed in the section 4.3.10
with reference to the Constitution. The Table 5.10 presents a comparison of the occurrence of
the related lexical items in both the documents. The lexical items were carefully selected after
in-depth study of their context of use and the neighboring words. An interesting observation
made in the analysis is the use of word finance and economy in the texts. The word economy
has been used 19 times in the NEP as compared to no occurrence in the Constitution. On the
contrary the word finance has been used 41 times as compared to the 14 instances in the NEP.
According to Merriem Webster (n.d.) dictionary, finance is defined as “money or other liquid
resources of a government, business, group, or individual” and “the science or study of the
management of funds.” The word economy, on the other hand is defined as “the structure or
conditions of economic life in a country, area, or period.” The words, though related to
similar phenomena, cannot be taken as synonymous expressions. Occurrence of the word
economy took place three times in the context of knowledge economy and once in global
economy. Rest of the instance were found to be related to national economy. The word finance
was noticed in the Constitution in the context of finance committee, national finance
commission and ministry of finance. Use of the word financial in the NEP was noticed to
mainly describe allocation need and lack of financial resources. The lexical preferences by the
two documents come from their respective areas of concern.
5.2.9 Global dimension and social competitiveness.
As the NEP 2009 was developed after Dakar Framework, its language exhibits heavy
influence of its objectives. In fact this study can safely infer that the 2009 policy was introduced
and implemented to achieve EFA (Education for All). The same may be true of the Article 25A
in the Constitution of 1973. Gale (1999, p.405) rightly pointed out that policy documents are
discursively produced “within particular contexts whose parameters and particulars have been
temporarily (and strategically) settled by discourse(s) in dominance.”
Impact of global and regional assemblage of educational trends on National Education

Policy is quite evident. The alignment does not innocently stand in lines with the MDGs (now
SDGs). The analysis cannot ignore the fact that these goals are set by aid donating bodies /
agencies. Like other aid dependent countries Pakistan also had to comply with the SDGs to
ensure continuity of funding and more funding. For the same reason, Green ironically
commented that MDGs should have been called the MAGs: the Millennium Aid Goals (2015).
245
Yet the optimistic view is that Pakistan should compare favourably with the neighboring
countries by the end of 2030.
The thirteenth Objective brings the global aspect in education. It expresses its
commitment to the Dakar Framework of Action, Education For All (EFA) and the Millennium
Development Goals (MDGs). As MDGs have now been replaced with SDGs, the commitment
automatically switches to the latter. The SDGs are basically a network of 17 goals and 169
targets. Article 25A is more closely thematically linked with the SDG 4. Adoption of SDGs
and National Development Goals was also expressed by the Minister of Education during the
first national Conference on Early Childhood Care and Education (ECCE) held at Allama Iqbal
Open University Islamabad in 2017. The Objective can also clearly be linked with the
Constitutional Article 25A due to the Constitution and the NEP, both being clearly impacted
by the Dakar Framework of Action, Education For All (EFA) and the Millennium Development
Goals (MDGs), especially its Goal four. The policy action 6 under the heading 2.5 (Mobilising
resources for education) states as follows:
Text Box 5.8 NEP Statement on Donor Support
“A system for donor harmonization and improved coordination between

development partners and government agencies shall be developed (NEP 2009).”
“Harmonization” and “coordination” hint towards the licensed ways to make changes
in the internal / national policies of a country. Usually, worldwide, international agreements
like Universal Declaration of Human Rights (1946) and the convention on the Rights of the
child (1989) pave way for the inclusion of policy objectives related to human rights such as
inclusive education, and right to gender equity. Indicators for such objectives are usually the
statistical rise in enrolment rate. The power dynamics of the donor agencies and funding
organizations find their ways into formal policies in very subtle ways. The Comparison of
occurrences of ideologically laden words related to Global Dimension & Social
Competitiveness in the texts of the Constitution (1973) and NEP (2009) is presented in Table
5.11.
Table 5.11 Comparison of ideologically laden words related to Global Dimension & Social
Competitiveness

1 Potential 16 -
246
2 Global Dimension Capacity 16 3

& Social
3 Development 132 11
Competitiveness
4 Global 18 -
5 Globalization 09 -
6 World 19 3
The word listed in the Table 2.10 were chosen after careful reading of the texts, using
the grounded theory. The word potential is mainly used in the NEP to refer to the potential of
learning, earning, and development. The word does not seem to have found its way in the
constitutional text due to the uncertainty conveyed in its meaning. The overwhelming use of
the word development was observed to be taking place in a variety of context i.e., social,
national, international, human, economic, and curriculum. Similarly, the word capacity was
found to be used mainly point out the need to build capacity of people and organizations. The
Constitution uses the word world three times to refer to the nations of the world and Muslim
world. In contrast world was noticed to have a different context of use in the NEP text. It was
used to mainly describe the world of work, World Development Indicators (WDIs), globalized
world and competitive world. Use of the words global and globalization were identified to have
been used for the pressing demand from the NEP to compete with the global trends in education
and to link the concept of education with global economy.
5.2.10 Gender dimension.
The policy in line with the Articles 34, 37(b) and 38(d) of the Constitution is supposed
to provide equal opportunities to women. The policy aims to provide free and compulsory
secondary education to all citizens of Pakistan up to the age of 16 by instilling moral values in
them. The Comparison of occurrences of ideologically laden words related to Gender
Dimension in the texts of the Constitution (1973) and NEP (2009) is presented in Table 5.12.
Table 5.12 Comparison of occurrence of ideologically laden words related to Gender

Dimension

1 Gender 10 3
2 Man - 3
Gender Dimension
3 Men - -
4 Woman - 4
247
5 women 2 29
6 Transgender - -
7 Neuters - -
The lexical items presented in the Table 5.2 show an interesting comparison between
the two documents used for this analytical study. The word gender has been used in the NEP
to mainly describe the desirable gender parity, and the word women has been used once as part
of the quoted Article from the Constitution and as a topic to be covered in Islamiat. The singular
word woman has been noticed as used in the Constitution to refer to a seat for a member woman.
The plural word women has been used most of the time alongside the mention of minorities, to
protect their rights. Interestingly, the word men has not been used in both the documents. This
finding may be misleading to understand that men have not been given importance in both the
texts. The analysis, however, infers suggests that absence of the word from both the texts
indicates the understood presence of men throughout. I have used the words transgender and
neuters at the cost of repetition to highlight the absence of these citizens in any field of
ideologies discussed in this study.
5.2.11 Human and fundamental rights.
The Comparison of occurrences of ideologically laden words related to Human and

Fundamental Rights in the texts of the Constitution (1973) and NEP (2009) is presented in
Table 5.13.
Table 5.13 Comparison of occurrence of ideologically laden words related to Human and
Fundamental Rights

1 freedom 1 20
2 rights 7 38
Human and
3 Fundamental equality 2 7
Rights
4 independence 2 6
5 sovereign - 3
248
6 conferred - 24
7 obligation - 9
8 Fundamental - 14
This ideological field has been discussed in detail in the section 4.3.8. The occurrences
of the words related to human and fundamental rights given in the Table 5.13 shows a lack
attention in the text of the NEP, related to this field. The analysis had expected the concepts
like obligation and equality to be much more explicitly made part of the NEP (2009) text.
5.2.12 Miscellaneous foci.
Changing a policy so frequently, cannot revolutionize the pace of development in any

country. It is generally the method, extent and the quality of implementation of a policy that
determine the attainment of its objectives. We cannot deny the historical background of our
country as discussed in Chapter 4 of the study. Current generations are still paying for the sins
of fathers, their wrong political decisions. Ineffective planning of those in responsible positions
and a lack of accountability mechanisms have kept a whole generation of the population of
Pakistan behind other parallel nations. This literacy gap has resulted into a gap in quality of
politics as well. Those who had competent education were too few and were also divided to
put collective efforts to take the bull of illiteracy and ignorance by horns.
The following may determine the quality of a policy:
a) The efficiency of the process of getting and recording the feedback

b) Criteria and process of selecting the feedback provider
The Constitution talks about the ideal and the desirable actions to be done, prohibiting
from what is not desirable, and warns against disobedience. The NEP (2009) however, based
on the situation analysis and needs analysis identifies malpractices done in the face of policy
and the Constitution to further suggest the ways to address these malpractices.
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5.3 Points of Convergence and Divergence between the Constitution

(1973) and the NEP (2009)
The link between Constitution and government policies cannot be overlooked. It is

common practice around the globe that ruling political party decides the vision and objectives
of a draft government policy. After the approval of the policy, it is implemented according to
the provisions of the Constitution through various different organizations. It is the legislative
arm of the government which finally approves the policy and the executive arm devices a plan
of its implementation. Hence, a strong connection between constitution, politics, and policies
is established. Usually the party politics and ideologies of the ruling party also find their way
in government policies which later, through a tiresome process, get permanently
institutionalized. If needed, even new laws are passed by the legislative branch to help policies
transform into actions. The interplay of education policy and politics also impacts the receivers
of the policy.
To answer the last research question of the study, to find the areas of ideological
convergences and divergences, it is necessary to have look at the lexical choices and
preferences in both the documents. I have presented a brief linguistic profile of the NEP in the
Figure 5.2. The documents were separately processed with the help of AntConc (3.4.4w) to
identify the gap between word count and word types in both the documents.
NEP (2009)
Constitution(1973)
0 10000 20000 30000 40000 50000 60000 70000 80000
Word Type Word Count
Figure 5.2 Lexical variation in the texts of the Constitution and the NEP
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This information was required to better relate and compare the documents in terms of
ideological convergences and divergences. In previous chapters, I have discussed in detail the
relation between the choice of words and ideologies. As shown in the Figure 5.2, the word
count of the NEP (2009) is 27495 words which comprise 3417 word types as compared to the
text of the Constitution with the word count of 69844 and 3035 word types. The difference in
the ratio of word count and word type of both the documents was quite noticeable which the
study attributes to the varying levels of rigidity of the genres. The Constitution written in the
genre of power and dominance has a lower number of word types as compared to the NEP. The
study identifies its less flexible nature as one of the reasons why the Constitutional text would
have not accommodated more word types. Focusing on the two documents, the study finds a
strong elements of inter-textuality and interdiscursivity in form of references.
Another factor contributing to the different nature of genres, identified by the study, is
the difference of preference for lexical variation in both the texts. The same is evident through
the marked differences in the ratio between word count and word type. As the genre of NEP is
less rigid, it affords more lexical variation. On the contrary, the constitutional genre cannot
afford the liberty of lexical variation due to the defined nature of legal terminology and
expression. This observation also strengthens the previous finding regarding the rigidity of the
constitutional genre. The above comparison, though brief, has strong implications. It presents
the textual diversity in both the documents and predicts the points of divergence at deeper level.
To identify the areas of convergence and divergence, the study focused on, alongside
the above discussion, a) choice of lexical items as a clue to their respective preferences, b)
comparison of the occurrences of ideologically laden words in both the documents, and c) an
examination of the instances of interdiscursivity. At this point in the analysis, the study was in
reliable position to assume the observable link between ideologies presented in the documents
and their respective lexical choices. To seek clue from the preferred lexical choices, the study
undertook a comparison of most frequently occurring words (MFOWs) and least frequently
occurring words (LFOWs) from both the documents.
I compared the MFOWs two times: once without tempering the list, and second time,
after tempering with the lists generated with the help of the software. The study conducted a
comparison of the tempered and untampered lists from the texts of the Constitution (1973) and
National Education Policy (2009). By untampered lists I mean the list generated by the
software according to the frequency of word count. On contrary, by tempered list I mean the
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list prepared after manually removing the articles, prepositions and auxiliary verbs. The
purpose of tempering the list was to see what content words get preferred by the texts. MFOWs
in the following table stands for the Most Frequently Occurring Words, and LFOWs means the
Least Frequently Occurring Words.
Table 5.14 Comparison of MFOWs in the Constitution (1973) and the NEP (2009)
using tampered lists
Sr MFOWs from the Constitution MFOWs from the NEP (2009)

(1973)
1 Court 598 Education 550
2 Assembly 526 Sector 168
3 Constitution 477 Pakistan 166
4 Provincial 403 Policy 153
5 President 397 Development 132
6 Act 379 National 132
7 Law 355 System 127
8 Pakistan 355 Quality 112
9 Federal 298 Educational 103
10 Article 292 School 90
11 Office 281 Higher 87
12 Government 278 Level 87
13 Province 275 Provincial 82
14 Chief 268 Public 79
15 Amendment 265 Private 78
16 Minister 259 Social 76
17 National 242 Schools 75
18 Clause 234 Page 72
19 High 233 Teachers 71

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20 Parliament 210 Learning 65
21 Person 210 Students 63
22 Majlis Shoora 209 Areas 62
23 Order 189 Government 62
24 Eighteenth 188 Implementation 62
25 Made 185 Training 62
26 Supreme 175 Institutions 61
27 Judge 173 Well 60
28 All 166 Governments 55
29 Day 166 Ministry 54
30 Member 163 Secondary 54
31 Members 162 Economic 53
32 Election 155 Country 52
33 Governor 154 Curriculum 50
34 Authority 141 Area 49
35 Provided 140 Federal 49
36 Provision 138 Literacy 49
37 Respect 136 Assessment 46
38 Period 134 Children 46
39 Page 133 Programmes 46
40 Make 124 Resources 46
41 Case 121 Levels 45
42 Time 121 Teacher 45
43 Service 120 Primary 43
44 General 117 Process 42
45 Justice 116 Developed 41

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46 Power 116 Management 41
47 Part 113 Skills 41
48 Subject 113 Based 40
49 Years 113 Standards 39
50 Speaker 111 Vocational 39
The top 50 Most Frequently Occurring Words in the Constitution, as presented in the
Table 5.14, are mainly related to the Federation, Provinces, and Governance. However, the
MFOWs in the NEP are mainly related to schools, development, and quality. These words truly
depict the generic and functional preferences of the two different topics. Mentioning teachers
71 times and training 62 times also show the policy’s concern about the quality of education.
The same concern has already been discussed as a constitutional concern, in the previous
chapter. Top tem most frequent words in both the documents clearly convey the documents’
area of influence and responsibilities. The top ten words of the Constitutional text are clearly
linked to the organs and institutions of the government system. The words court, assembly,
constitution, provincial, president, Act, law, Pakistan, federal and office point towards seminal
procedures and positions related to the system of the government. The top ten words used in
the NEP, similarly, highlight the importance of education, policy, Pakistan, development,
national, system, quality, educational, and school clearly show major concerns of the policy.
One word occurring in both the documents among top ten words is Pakistan. It shows the
nationalistic approach of both the documents, mutually aligned in terms of nationalism.
After comparing the tempered lists of the MFOWs of the two documents, the same lists
were compared again, but this time without excluding any lexical item or without tempering
them. The study uses the term untampered lists for this comparison and discussion.
When MFOWs of the NEP and the Constitution were compared without tempering the
list, the initial good number of slots were found to be occupied by the articles, prepositions,
and helping or auxiliary verbs. Following is a list of untampered MFOWs in both the
documents:
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Table 5.15 Comparison of MFOWs in the Constitution (1973) and the NEP (2009)
using untampered lists
Constitution NEP
S NO
MFOWs Occurrence MFOWs Occurrence
1 The 6470 The 1834
2 Of 4605 Of 1291
3 To 2070 And 1175
4 And 1860 To 830
5 Or 1763 In 752
6 A 1722 Education 550
7 In 1649 A 436
8 Shall 1318 For 405
9 Be 1104 Be 381
10 By 1031 Shall 332
11 Any 935 Is 246
12 As 662 As 222
13 For 661 That 175
14 Court 598 Sector 168
15 Assembly 526 Pakistan 166
16 That 513 With 159
17 Is 489 On 154
18 Constitution 477 Policy 153
19 May 461 Are 146
20 Not 434 At 134
21 Provincial 403 Development 132
22 President 397 National 132
23 Act 379 System 127
24 On 373 From 124
25 Such 362 By 121
26 Law 355 Quality 112
27 Pakistan 355 It 108
28 With 321 All 107
29 Which 301 Educational 103
30 Federal 298 This 97
31 Article 292 Not 96
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32 Office 281 Have 95

33 From 280 An 94
34 Government 278 Has 90
35 Province 275 School 90
36 Chief 268 Higher 81
37 Amendment 265 Level 87
38 Under 260 Provincial 82
39 Minister 259 Public 79
40 National 242 Private 78
41 Clause 234 Social 76
42 High 233 Schools 75
43 Other 231 Also 72
44 He 229 Page 72
45 His 219 Will 72
46 Before 218 Teacher 71
47 Parliament 210 Which 69
48 Person 210 Been 67
49 Majlis-e- 209 These 66
Shoora
50 Has 205 Learning 65
The comparison of the untampered lists did not yield enough insights into ideological
preferences of the respective documents but a byproduct of the analysis was the interesting
discovery about the words which had been removed from the previous lists actually play
seminal roles in shaping the mood of a genre. The overwhelming use of articles, helping verbs
and prepositional words signal highly formal genre of the Constitution and the Policy. The
same may be studied separately under a study more focused on this aspect of the two texts.
Table 5.16 LFOWs in the Constitution (1973) and the NEP (2009) using untampered lists
Sr LFOWs in the NEP (2009) LFOWs in the Constitution
1 Utilization 1 Zulfiqar 1
2 Utilize 1 Zia 1
3 Utilized 1 Zhob 1
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4 Utmost 1 Zam 1
5 Vacation 1 Wrongs 1
6 Variable 1 Workmen 1
7 Variations 1 Workers 1
8 Varied 1 Wireless 1
9 Vernaculars 1 Winding 1
10 Vertically 1 Wills 1
11 Vicinity 1 Weights 1
12 Vietnam 1 Wealth 1
13 Viewed 1 Ways 1
14 Views 1 Waqf 1
15 Viii 1 Wafaqi 1
16 Violates 1 Vocations 1
17 Violations 1 Vessels 1
18 Virus 1 Vehicles 1
19 Visits 1 Validated 1
20 Vocation 1 Validate 1
21 Voice 1 Vacated 1
22 Volume 1 Using 1
23 Voluntary 1 Usher 1
24 Voucher 1 Urgent 1
25 Vulnerable 1 Urban 1
26 Waived 1 Uphold 1
27 Wake 1 Unsuited 1
28 Warned 1 Unremitting 1
29 Warriors 1 Unreasonable 1
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30 Wb 1 Unqualified 1
31 Weaker 1 Unlawful 1
32 Weakness 1 Universities 1
33 West 1 Unfit 1
34 Whenever 1 Unfair 1
35 Whether 1 Undue 1
36 Whilst 1 Understood 1
37 Whom 1 Understanding 1
38 Widened 1 Understand 1
39 Widows 1 Underlying 1
40 Window 1 Undergoing 1
41 Winters 1 Uncertainty 1
42 Withstand 1 Ultimate 1
43 Workable 1 Tyranny 1
44 Workshops 1 Twice 1
45 Worldwide 1 Turbat 1
46 Worst 1 Trying 1
47 Worth 1 Trusts 1
48 Yet 1 Treatment 1
49 Younger 1 Treated 1
50 Zakat 1 Transportation 1
5.3.1 Use of ideology laden words in the Constitution (1973) and the NEP
(2009).
During the course of the study I realized that I needed to have a list of ideologically
laden words which could be used to identify a certain level of overlap or convergence of
ideologies. As I could not find any such ready-made list, I had to include the task as part of the
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study. After sifting through various policy and constitutional documents, I came up with a list
of 110 words. During the research, I noticed that it is usually NOUNS that convey strong
meanings, i.e., ideologies, hence, ideologically laden words, which were predominantly nouns,
in both the documents were picked with the help of a corpus tool AntConc (3.4.4w). A
comparison of the use of these words with their frequency of occurrence in the text of the
Constitution (1973) and the NEP (2009) is presented in the Table below:
Table 5.17 Use of Ideologically laden words in the Constitution (1973) and the NEP (2009)
Fields of NEP Constitution

S No Words
Ideologies (2009) (1973)
1 Islam 12 29
2 Muslim 3 21
3 Muslims 7 27
4 Non-Muslim 2 3
5 Non-Muslims - 20
6 Sect/s 1 6
7 Ideology 2 4
8 Islamic Teachings 4 2
Islamic Ideology
9 Islamic ideology - 14
10 Ideology of Pakistan 1 2
11 Ideology of Islam 1 -
12 Holy Quran 1 -
13 Religions - 2
14 Ideas 2 -
15 Religion 4 17
16 Constitution 19 477
17 Democracy 2 2
18 System 127 10
19 Provincial 32 403
20 Federal 49 298
21 Governance 29 0
22 Political Ideology Government 62 136
23 President - 172
24 Prime Minister/s - 96
25 Province 19 275
26 Parliament - 208
27 Cabinet - 21
28 National Assembly - 102
29 Politics - -
259
30 Political 10 53
31 Culture 8 3
32 Cultures 2 2
33 Unity 5 7
34 Individual 16 3
35 Creed 2 2
36 Family 1 9
37 Uniformity 15 7
38 Society 36 5
39 National 132 242
40 Nation 5 1
41 Pakistani 5 1
42 Culture 8 3
43 Society and Social History 3 -
Life
44 Youth 3 -
45 Preservation 1 3
46 Children 46 5
47 Individual 16 3
48 Tolerance 5 2
49 Responsibility 12 14
50 Moral Standards - 1
51 Civic 4 -
52 Tolerance 5 2
53 Rights 5 38
54 Social justice 2 5
55 Values 23 -
56 Freedom 1 20
57 Rights 7 38
58 Equality 2 7
59 Independence 2 6
60 Human and Sovereign - 3
Fundamental
61 Conferred - 24
Rights
62 Obligation - 9
63 Fundamental - 14
64 Neuter/s 0 0
65 Transgender 0 0
66 Potential 16 -
67 Capacity 16 3
260
68 Global Dimension Development 132 11

69 & Social Potential 16 -
70 Competitiveness Development 132 11
71 Language 18 12
72 Languages 3 -
Language Matters
73 English 13 1
74 Urdu 14 3
75 Gender 10 3
76 Man - 3
77 Men - 2
78 Gender Dynamics Woman - 4
79 Women 2 29
80 Transgender 0 0
81 Neuter 0 0
82 Budget 8 5
83 Grant 1 17
84 Economy 19 -
85 Economy & Financial 14 41
Financial
86 Resources Poverty 5 -
87 Under privileged - -
88 Deprived - 2
89 Expenditure 6 74
90 Aware/awareness - -
91 Education 550 12
92 Knowledge 25 5
93 Literacy 49 -
94 Education and Illiteracy 4 1
Allied Issues
95 School/s - 3
96 Education 50 12
97 Vocational 10 -
Education
98 Formal 34 -
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103 School 90 -
104 Schools 75 2
105 Dissolve - 8
106 Military - 11
107 Power 1 116
Power Dynamics
108 Authority 7 141
109 Misuse - 1
110 Privileges - 26
5.3.2 Finding ideological convergences through interdiscursivity.
The examples of intertextuality mainly include references to a) the Constitutional

Sections, Articles and Clauses, b) Local Government Ordinances, c) Texts from International
Organizations and Agencies, c) Policy documents, and d) various development plans and
frameworks. The list of abbreviations and acronyms indicates the variety of references and the
scope of intertextuality in the NEP (2009) text.
As all public policies must conform to the Principles of Policy as laid down in Part two
of the Constitution of Pakistan, 1973, the NEP (2009) makes the connection clear in its para
thirteen referring to Articles 29, 30, 31, 33, 36, 37 and 40. The principles are about upholding
Islamic values in any policy. In para 8, the policy claims to be “embedded within the Islamic
ethos as enshrined in the Constitution of the Islamic Republic of Pakistan.” The connection
between the Constitution and the Policy is clearly vocalized in para 16 which discusses
uniformity of national education systems. Later, in paragraph 44, Articles 38(d), 37(b) and 34
of the Constitution are referred to, as to emphasize upon the egalitarian view of the Constitution
about education in Pakistan.
Though the two documents show remarkable level of ideological convergence, the fields of
social ideology, language matters, and global dimension & social competitiveness exhibit
certain degree of divergence. Moreover, the NEP completely lacks alignment with the
constitutional Article 25A.
It is not possible in this study to find all the instances of interdiscursivity between the
two documents. So I have focused on only those sentences in which the Constitution has been
explicitly referred to. For instance, the Constitution is referred to in the NEP (para16) as
follows:
262
The imperative of uniformity in Pakistan’s educational system flows from the
Constitution of Pakistan, which entrusts the State with the responsibility of organizing
an equitable and effective education system, with an aim to enhance the overall
wellbeing of Pakistanis.
The policy has a good amount of interdiscursive references to the Constitution (1973).
The word Constitution is used 17 times in the NEP 2009 in the following sentences.
Table 5.18 Ideological Convergences through Interdiscursivity between the Constitution

(1973) and NEP (2009)
Fields of
Place in the
Sr No Sentences Constitutional
NEP
Ideologies
1 The Policy is also embedded within the Islamic Paragraph 8 Islamic Ideology
ethos as enshrined in the Constitution of the
Islamic Republic of Pakistan.
2 All policy interventions shall fall within the Paragraph 13 Islamic Ideology
parameters identified in the Principles of Policy
as laid down in Articles 29, 30, 31, 33, 36, 37
and 40 of the Constitution of Pakistan, 1973.
3 The imperative of uniformity in Pakistan’s Paragraph 16 Education

educational system flows from the Constitution (Equity)
of Pakistan, which entrusts the State with the
responsibility of organizing an equitable and
effective education system, with an aim to
enhance the overall wellbeing of Pakistanis.
4 The provision of educational services is a Paragraph 17 Political

public function. The Constitution of Pakistan ideology /
expects the public sector to take lead in Governance
performing this public function. The relative
failure of the governmental educational system
has resulted in the emergence of the alternative
education provider i.e., the private sector.
263
5 The national emphasis on education goes back Paragraph 36 Education

to the enshrining of the right to education in the
Constitution.
6 The Constitution of Pakistan sets out an Paragraph 44 Economy and

egalitarian view of education based on values Financial
responding to the requirements of economic Resources
growth.
7 “Our education system must provide quality Paragraph 53 Education,

education to our children and youth to enable Society (Social
them to realize their individual potential and Justice and Civic
contribute to the development of society and life)
nation, creating a sense of Pakistani Islamic Ideology
nationhood, the concepts of tolerance, social
justice, democracy, their regional and local
culture and history based on the basic ideology
enunciated in the Constitution of the Islamic
Republic of Pakistan.”
8 To play a fundamental role in the preservation Paragra Islamic

of the ideals, which lead to the creation of ph Ideology,
Pakistan and to strengthen the concept of the 2.3(2) Society
basic ideology within the Islamic ethos Aims and
enshrined in the 1973 Constitution of Islamic Objectives
Republic of Pakistan.
9 Inter-tier roles are, in principle, defined in the Paragraph 64 Political

Constitution and its related Ordinances i.e., the ideology /
Local Government Ordinances (LGOs). Governance
10 The Constitution of the country puts education Paragraph 65 Education/

on the Concurrent List as a national Political
responsibility which does not mean a Federal ideology
responsibility.
11 There exists the challenge of ensuring a Paragraph 73 Education,

uniform system of education that provides a Society
level playing field for the children irrespective (Pluralsim),
of their caste, creed, family’s economic Islamic Ideology
capacity and religion, and in line with the
fundamental rights and principles of policy as
enshrined in the Constitution of Pakistan.
264
12 The Objectives Resolution forms part of the Paragraph 86 Islamic Ideology

Constitution of the Islamic Republic of
Pakistan, 1973.
13 According to the Constitution, Pakistan is a Paragraph 86 Islamic

Federal Republic to be known as the Islamic Ideology,
Republic of Pakistan wherein the Muslims shall Political
be enabled to order their lives in the individual ideology
and collective spheres in accordance with the
teachings and requirements of Islam as set out
in the Holy Qura’an and the Sunnah.
14 The Constitution also stipulates that steps shall Paragraph 86 Islamic ideology,
be taken to enable the Muslims of Pakistan, Society
individually and collectively, to order their
lives in accordance with the fundamental
principles and basic concepts of Islam and to
provide facilities whereby they may be enabled
to understand the meaning of life according to
the Holy Qura’an and Sunnah.
15 The Constitution further stipulates that the Paragraph 86 Islamic

State shall endeavor, as respects the Muslims of Ideology,
Pakistan, to make the teaching of the Holy Society
Qura’an and Islamiyat compulsory, to
encourage and facilitate the learning of Arabic
language and to secure correct and exact
printing and publishing of the Holy Quran and
to promote unity and the observance of the
Islamic moral standards.
16 Curriculum shall emphasize the fundamental Policy Action Society

rights guaranteed to the citizens of Pakistan, so 4 Fundamental
that each individual shall develop within
Rights
himself/herself and the society at large a civic
culture strong enough to withstand any extra
Constitutional interference which threatens
those rights.
To perform its current role as well as that of 152
17 Political
overseeing implementation of the National Ideology
Education Policy, the policy has proposed (Governance)
IPEM’s institutionalization and strengthening
without infringement of the respective roles of
265
the federal and provincial governments

envisaged in the 1973 Constitution of the
Islamic Republic of Pakistan.
The comparison also yielded an interesting observation regarding the relationship

between the two genres. The NEP uses the following expressions to refer to the Constitution:
a) The Constitution sets out

b) As enunciated in the Constitution
c) Enshrined in the Constitution
d) According to the Constitution
e) The Constitution also stipulates
f) Envisaged in the Constitution
g) Laid down in the Constitution
h) Flows from the Constitution
i) The Constitution expects
j) As enshrined in the Constitution
All these expressions show the NEP’s dependent position on the Constitution. It seems
to validate its own provisions by adding to the power of the Constitution, mentioning it in 17
important sentences. I also observed that the above tabulated sentences and the Objectives of
the NEP show greater level of concentration of the ideologically laden words as have been
discussed above.
Table 5.19 Comparison of Total Word Count and Ideologically Laden Words in Constitution
(1973) and NEP (2009)
S.No. Description Total Word Ideologically

Count Laden Words
1 Total occurrence of the Ideologically 69844 2168
Laden Words in NEP in (2009)
2 Total occurrence of the Ideologically 97339 3497
Laden Words in Constitution (1973)
3 Total occurrences in both the 167183 5665
Documents
As discussions in the Chapter 4 and preceding part of the Chapter 5 exhibit that the
places of concentration of ideologies in the Constitution are the Objectives Resolution and the
266
Principles of Policy. The same places in the text also show marked density of the ideologically
laden words. A comparison of lexical items was done at three levels, the tampered lists of Most
Frequently Occurring words, the untampered lists of the MFOWs, and the least frequently
occurring words or LFOWs. The lists show a great deal of overlap in three major areas, Islamic
ideology, society, and economy and financial Resources. The untampered lists, on a linguistic
discussion, show that the fillers or the articles, prepositions, and auxiliaries, in fact, determine
the contours of the genres under analysis.
POP and the NEP Objectives have very close convergence of ideologies. The
counterpart places in the NEP (2009) are its Objectives, and the sentences referring to the
Constitution (as presented in table 5.18). The prevalent socio-political atmosphere of the
country demands an intensive analysis both at micro and macro societal levels and finally, a
research based policy. This research element seems to be compromised due to political reasons.
Lastly, national educational policies in many countries focus on national identities and
ideologies enable positive social cohesion resulting from a comprehensive education system.
However, policies differ from each other on account of importance given to these areas. The
deciding factors may include economy, history, political situation, and profile of population to
name a few.
The stage to formulate these activities has suddenly changed from national to
international combining political forces, social structure, and cultural traditions into a matrix
of intersecting multi-level, multi-scalar sites and spaces (Yeats, 2001). The procedural,
planning and policy gaps need to be addressed by making eligibility criteria for the
organizations and individual to be included in the policy making process instead of just
availability and headcount of the individuals. When organizations or institutions are invited to
attend the consultative meetings, usually representatives are sent to attend the meeting. These
representatives are also sometimes given the points to voice during the discussion. However,
the quality of contribution from these representatives remains a matter of concern. For the same
reason, during the attendance poll the relevant organizations, institutions or individuals are
marked present, and the substantial and more valid contribution from them escapes unnoticed
and remains undocumented.
Even if the new NEP is implemented the next delaying factor will be the alignment of
the provincial education plans with the new policy. The provinces already took years to
267
understand and own the given autonomy and stumbled through the process of making the
provincial education plans align with the NEP 2009 mainly. Moreover, now policy makers are
required at the level of provinces and other federal units. Also, implementation and
accountability mechanisms have to be devised which should be contextually sound yet
compatible with the plans and policies of the other provinces and units of Pakistan. If the next
NEP does not address these areas it also might result into the wasting of everyone’s time and
effort.
CHAPTER 6
CONCLUSION
The study has been concluded with findings, way forward, and directions for future
research, as have been discussed below.
6.1 Findings
The tiered study was conducted to undertake a critical genre analysis of the Constitution (1973)
to establish critical linkage between the Constitution and the National Education Policy (2009)
in terms of ideologies vested in the respective texts. On one hand, the Constitution of a state is
the greatest means of conserving and safeguarding the state ideologies and on the other hand,
a national education policy is the fastest medium to disseminate and instill these ideologies in
its citizens. A Critical Genre Analysis (CGA) framework (Bhatia, 2004, 2008, 2010, 2012,
2017) was selected for this research due to its eclectic nature.
CGA puts the best of Discourse Analysis (DA), Critical Discourse Analysis (CDA) and
Genre Studies (GS) in one place, and also adds the elements of Criticality and Ideology in it
(Bhatia, 2017). The purpose of the study was to do a descriptive analysis of the texts to look at
the big picture showing connections between the Constitution (1973) and the NEP (2009). The
goal of the research would not have been attained if only such a flexible and eclectic framework
had not been used.
The research design selected for the study was tier based, in which Chapter 4 had to
provide a foundation for chapter 5 and hence, had to be completed to provide the basis to the
Chapter 5 which developed a synthesis between the two texts. First tier of the research, chapter
4, concerned itself with the Critical Genre Analysis of the Constitution
269
(1973) of Pakistan to address first three research questions. The second tier, chapter 5, was
built on the first tier and addresses the last two research questions.
As demanded by RQ 1, the study highlighted the generic complexities, from textual perspective
of the framework, in terms of linguistic features of the Constitution (1973), which could be
further linked with the social cognition of the genre, in later questions. RQ 2, related to the
development of genre, was answered by analyzing the genre from ethnographic and socio-
cognitive perspectives. RQ 3 was related to the linguistic presentation of ideologies in the genre
of the Constitution. This question was addressed with the help of CGA concept of criticality,
textual perspective, and socio-critical perspective. RQ 4, the reflection of constitutional
ideologies in the NEP (2009) was answered by using multiple elements of CGA, mainly, textual
perspective combined with the concepts of criticality and interdiscursivity. RQ 5 was addressed
by finding out the points of convergence and divergence between the Constitution and the NEP,
again with the help of textual perspective, criticality, and interdiscursivity.
The study unveils the unique feature related to the contribution of lexical items towards
construction of the particular genre. Usually the use of content words determines and reveals
the ideological orientation of a given genre, the grammatical words determine the nature of the
genre. The finding is pertinent with reference to construction and interpretation of the
constitutional genre and the same finding can be utilized to effectively teach law, legal
language, and education policy in class rooms and during training courses or workshops.
Content words are also important to convey ideologies. A list of identified ideologically laden
words is provided in Chapter 5 of this study.
The ethnographic dimension of the analysis was not only based on the surface
complexity, it also added a unique element to the understanding of the genre. Analysis at close
quarters, regarding the history and processes of the genre development, the generic and
discursive practices involved, social cognition, social reception, and the appropriation of the
genre at different levels (RQ 2) helped the study to analyze the subtle infusion of various types
of ideologies through these practices in the genre (RQ 3). The second tier of the study brought
about ideologies connections (RQ 4) and points of convergence and divergence (RQ 5) between
the texts of the Constitution (1973) and the NEP (2009).
270
The study reveals, through its first two research questions, that the generic complexity
and social cognition of the Constitution of Pakistan have a good amount of mismatch. The
mismatch can be contributed towards the inherent difficulty of legal genre in which the
Constitution is written, and also to the lack of sensitization of people to the Constitution. While
looking for constitutional ideologies in the NEP (2009), in the second tier of the study, I noticed
that though our National Education Policy is developed on the Principles of Policy, it is not
fully aligned to the ideologies vested in the Constitution, especially in its field of societal
ideologies.
Access to the Constitutional knowledge though not denied, remains limited to certain
spheres of professions and practices. Even though available for free on official websites, the
Constitution, somehow, due to its linguistic complexities has become inaccessible, and
consequently has made people unaware of its importance.
The study has pointed out emergent need to mobilize the Constitutional knowledge to enable
the citizens to perform their duties in informed manner. The ideological capital needs to be
safe guarded and utilized optimally. Knowledge mobilization may be done through media to
achieve short term objectives, however, Education Policy needs to embrace it as one of its
objectives to ensure that the educated citizens of Pakistan are knowledgeable about the
Constitution of the State.
The Constitution is a comprehensive code of national life as it contains a host of

ideologies. The Constitution of Pakistan draws inspiration from its preamble i.e., the Objectives
Resolution. The critical analysis of the genre revealed that ideologies, though concentrated in
the preamble, are scattered throughout the Constitution. Most of these ideologies may easily
be grouped together but some overlap or complement others. Some other ideologies do not
stand out very significantly, yet they exist. The analytical study has also uncovered, certain
ideologies imbedded in the Constitutional genre, which I have grouped under broad themes. I
call these broader themes fields of ideologies as I find the word field to be able to convey the
wholesomeness and yet to have space for more growth. Moreover, fields of ideologies
symbolically convey a sense of growth, and yield. The fields of ideologies as identified in the
study are given below:
271
Table 6.1 Fields of Ideologies in the Constitution of Pakistan
Sr Main fields of Ideologies Sub-Fields of Ideologies

No.
1 Islamic Ideology  Pakistan & Islamic

Ideology
 Safeguards for Islamic
Ideology
 The Council of Islamic
Ideology
2 Political Ideology -
3 Power Dynamics and the Constitution (1973)  Governance and the

Division of Powers
 Power over Language
and Expression
 Power, Politics and
Constitution
 Power with Relation to
the Armed Forces
4 Society as eEvisaged in the Constitution (1973)  Social justice & Civic

life
 Paradigm of Pluralism
 Social Inclusion
 Religious Majority
 Religious Minorities
5 Global Dimension and Social Competitiveness -
6 Peace and Human Rights (inland and abroad) -
7 Fundamental Rights -
8 Language Matters -
9 Economy and Financial Resources -
10 Gender Dimension -
11 Education and Allied Issues -
12 Miscellaneous Foci -
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Analysis of the NEP (2009), with reference to the Constitution, could have been done
through the Principles of Policy alone too. The Principles of Policy, linguistically and
ideologically, have a scaffolding impact on the content of the policy to give its final shape. PoP
is just one measure to ensure, superficially, that the policies remain linked with the Constitution
and constitutional ideologies. This study, on contrary, had aimed at the big picture, uncovering
the connecting nodes of ideologies throughout the two documents. The Research Questions
demanded an exploration of the iceberg below its tip, to find the deeper meanings under the
surface of water or expression. The above listed ideologies were looked in the text of the NEP
(2009) to find answer to the fourth Research Question i.e., How the Constitutional ideologies
are reflected in the NEP (2009).
Answer to the question 4 led me to uncover the points of convergences and divergences
between the Constitution and the NEP (2009), as was the concern for the fifth Research
Question of this study. Distribution and concentration of the lexical items bearing ideologies,
helped the study determine that ideologies in both the documents are interlinked and manifested
through these words. A good amount of convergence was identified between the Constitutional
and policy preferences. More convergence was identified in the fields of Islamic ideology, and
ideologies related to society. However, the points of divergence were noted as the level of
practicalities. The Constitutional text was found to be more focused on ideals, and what the
nation should / ought to be. This focus justifies the frequent use of nouns and nominalization
in its genre. The NEP (2009) on the other hand, was more focused on how to address the
situated problems, to attain policy objectives, hence, more use of verbs in the text of NEP.
The overwhelming stress on employability and depressing lack of stress on quality education
is quite disturbing. The alignment deficit has also been identified in the NEP as it does not have
any focus on disseminating Constitutional knowledge as one of the objectives of education
policy.
A discussion of the Constitution, and politics is not complete without mentioning

international power politics. International actors in terms of politics and finance continue
pulling the strings of less powerful nations and continue shaping their internal social climate
for them. Kizilbash rightly asserted that international actors will continue to buffet Pakistan’s
destiny and determine where it lands in future unless a strong leadership emerges to change its
course (2017). Measures are needed to revive the sanctity of the Constitution and to ensure the
273
rule and the supremacy of parliamentarian system to ensure proper implementation of national
policies anchored in the Constitution of Pakistan.
In this regard, it is necessary to prepare the citizens to be able to participate in the

matters of governance by opining about and contributing through feedback and making
informed decisions about the day to day civic life. They need to be confident and
knowledgeable of the Constitution to be able to perform their civic responsibilities and exercise
constitutional rights. This is when and where NEP comes to play its role in terms of deciding
how to educate people on the subject matter
6.2 Utilization of the Study
Findings of the study may be utilized at three interlinked and recurring dimensions. I
deliberately avoid using the word levels, as levels convey an imagery of tiers and seriation, one
after or before the other. On contrary, dimensions may be adopted at any point in time and are
more dynamic. These suggested dimensions are as follows:
a) Planning dimension
b) Implementing dimension
c) Reception dimension
6.2.1 Planning dimension.
The study yields an understanding that various factors contribute towards the quality
of an education policy. One of the factors identified during the course of this study is that
usually the legislators and policy makers do not get enough time to able to give constructive
input on a given matter. Whether it is about amending the Constitution or reviewing the policy,
policy makers should realize that cursory contemplated issues result into short lived solutions.
Less that the desired and expected quality of the opinion from the stake holders due to various
factors is another area of concern. Use of L2 as official language is yet another factor which
needs to be taken into account at the time of planning and drafting of such documents. The
textual perspective of the CGA of the Constitution may be benefited from to train learners and
professional equally to understand the text of the Constitution.
It is also important to relate here the emphasis of the Constitution and the NEP on the
need of productive research. The Constitution clearly links, through its Schedule IV, the
national and economic coordination with the scientific and technological research. The NEP
also places research under its overarching priorities, and stresses to mobilize research to
274
promote innovation in the economy (NEP, 2009, p.20). This emphasis needs attention by
leaders involved in education planning at national level.
6.2.2 Implementation dimension.
Implementation gap may be bolstered with sound planning, and greater human participation
and ownership. To address the highlighted issues, the findings of the study may be adopted in
implementation dimension at strategic and tactical levels. At strategic level, political and
bureaucratic hierarchy (chief ministers and education ministers) should focus on true
implementation of constitutional ideologies in the education system of their respective
provinces. At the tactical level, on the other hand, it is important to focus on the curricula and
teacher training, and training of the middle managers (i.e., headmasters / head mistresses,
coordinators, head of departments, vice-principles, and other roles of the kind), and the
educational leaders at different tiers (or other titles to play the same role).
6.2.3 Social cognition and reception dimension.
The surveys conducted for the study determined that even the literate citizens of the country
are not necessarily knowledgeable of the state related provisions of the Constitution. This lack
of knowledge results in a lack of sensitivity towards state related issues and responsibilities.
The same also is a hampering factor in public contribution in the collective political decision
making process. Because of their lack of political socialization or awareness, the public remains
unable to give their opinion about political issues in an informed manner and thus cannot
contribute effectively towards the decision making process at local, provincial and state levels.
At present, the country is facing an acute political awareness deficit. As a result,

percentage of the politically informed population remains critically low, resulting in a low
number of minds contemplating a given issue. This scarcity of informed public opinion results
in the same few citizens attending the meetings and influencing state decisions, the exclusion
of majority of the public reduces the chances of having more creative and efficient solutions to
national, provincial and local problems. The Constitution is needed to be more accessible and
interpretable for citizens because ‘just by being aware of how cognitive biases alter our thinking
and decision-making, we may be less likely to fall victim to them in the first place’, to borrow
Kingsmith’s words (2013).
Awareness is a product as well as a producer of discursive practices. Accounts of the

experienced members of the professional communities, gathered during the course of the study,
also converged in favor of the proposal of this research to spread awareness on the Constitution
of the State through Education Policy.
275
6.3 Way Forward / Immediate Actions to be Taken
The study will be helpful to the readers, researchers and influential people involved in decision
and policy making in the three dimensions as described at 6.2. Some of the points of action or
way forward has been detailed below:
 An abridged version of the Constitution may be prepared in easy English and made
public for improved social cognition.
 An abridged version of the Constitution may be prepared in Urdu and Provincial/

Regional languages to increase and expedite social cognition of Constitutional
knowledge.
 The most frequently used words (MFOWs), modals, and grammatical features may
be subtly made part of the formal education curricula of different academic levels
through relevant book chapters and exercises. This step would facilitate the process
of political socialization, later.
 The constitutional ideologically laden words may be spread across the syllabi at all
levels, in all kinds of institutions through policy actions of the NEP. In this regard,
the Textbook Boards and other bodies involved in selection and approval of the
textbooks may be briefed accordingly through policy actions regarding quality in
the policy part related to “Textbooks and Learning Material” (NEP, 2009, p.46).
 Moreover, national education policy may add, as one of the policy actions regarding
building management and planning capacity, that educational planners and
decision makers shall be trained in the use of constitutional ideologies while
planning for education and educational reforms.
 The Constitutional ideologies may be considered at all the tiers of the process of
policy making. The opinion makers may also be sensitized about the constitutional
ideologies to be considered. List of the selected lexical items, as discussed in
Chapter 5, might prove helpful in this regard. Politicians and influential people in
leadership role may benefit from the lists by making these words part of their public
discourse.
 The current NEP or any subsequent NEPs, may clearly state that creating
constitutional awareness among the educated individuals, is one of its Objectives.
Constitutional knowledge may be given importance through NEP by adding it to
the Objectives of the NEP. The NEP may use clearer linguistic expression to
276
express ideological alignment of the education policy with the Constitution, beyond
the Principles of Policy.
 To meet the priorities of both the national documents, the educational institutions
(especially research institutes and universities) need to develop a culture of focused
and productive skill-based research ensuring a strong academia-industry linkage.
 Policy talks may ensure discursive references to other national policies, to create a
synthesis of national preferences. The recommended measures are hoped to bring
an awareness in masses as a ripple effect.
 Intensive training may be conducted for policy implementers (principals,

educational managers, teachers etc.) at provincial and district levels, focusing on
the interface of the Constitution (1973) and the NEP (2009).
 The foci related to training, assessment and accountability need to be expressed

vividly, and linguistically in the text of the NEP (2009). Moreover, discursive
practices or discourse of education planners and policy makers may contain specific
lexical items to disseminate constitutionally supported ideologies. The list
suggested in the Table 5.17 of the study may be a starting point.
 Time frame may be defined to align policies to the Constitutional amendments and
such information may be disseminated to ensure public vigil on the issue and to
gather public opinion. Role of media may be manipulated for the national cause in
this regard.
 Various kinds of surveys and analyses (like SWOTs) may be conducted at district,
zonal and provincial levels to identify problems regarding constitutional awareness
and to gather suggestions for relative educational reforms.
 Expressions of inclusiveness, pluralism, social justice, social competitiveness,

equality, civic sense are to be made part of classroom discourse in all Madrassas
and religious education institutions to de-radicalize young minds. The NEP must
ensure that the Madrassa teachers are trained on linking peace loving nature of Islam
with the society related ideologies of the Constitution.
 Mobile training teams may be formed, comprising competent teacher trainers,

curriculum developers, and legal advisors. The teams would visit schools at district
level to create awareness about the Constitutional ideologies in order to make it part
of academic institutional discourse.
277
 The NEP chapter regarding Islamic education may also include as one of its policy
actions that when teaching Islamiat, teachers should also refer to the constitutional
ideologies related to equality, social justice, tolerance, values, and moral standards
etc.
 The upcoming NEPs need to be aligned to the Article 25-A of the Constitution
(1973).
 Training of teachers, educational middle managers, and educational leaders may be

planned on priority. The training must be on the connections between the education
policy, and the Constitution (1973) of Pakistan. Expressions of inclusiveness,
pluralism, social justice, social competitiveness, equality, civic sense are to be made
part of professional and academic discourse in all educational institutions. The
education managers and teaches may be sensitized through training on how to make
constitutional ideologies and a comprehensive values system a part of discourse at
the educational institutions.
 Effective channels of communication may be established between the government

and the citizens of Pakistan through policy debates on media, polling and surveys
related to the interface of Constitutional ideologies and the Education Policy (the
same could apply to other public policies). It will add to the political socialization
of the public.
 The Constitution and the NEP (2009) need to embrace the reality of transgender
citizens with positive and holistic approach. The NEP (2009) is to clearly state the
educational design / scheme for the transgender citizens, now that they have been
declared citizens who can vote. It should be made clear whether they would attend
girls’ or boys’ educational institutions or the ones exclusively established for them.
Moreover, these citizens may be encouraged to undergo technical education.
 The linguistic features of the Constitution as pointed out in the fourth chapter of the
study, may be benefited from in ESP classes on legal English. The Linguistic
analysis may be utilized in law classes to teach the Constitution in more effective
ways.
 Media may be used to proliferate expressions of inclusiveness, pluralism, social

justice, social competitiveness, equality, civic sense etc.
278
6.4 Direction for Future Research
This study has the potential to influence future studies in the fields of legal
documentation and policy making in general. It will create a whole new dimension of
interdisciplinary research which would be purpose oriented and would add to informed
decisions making at various levels of planning and implementation.
The research encourages the potential researchers to look into the alignment of ideals
at the levels of sub-fields of ideologies as identified in the study.
The study may be used to revise the new education policies at the national level and the
Education Sector Plans at the provincial levels to achieve the State objectives through
educational institutions to further strengthen social, public, economic, political institutions.
The role of articles, prepositions, and helping verbs / auxiliary may be studied with
reference to the seminal role played by these lexical items in shaping a particular genre
especially that of a Constitution and National Policies.
Though the ones in power shape the law, the meaning of power, however, is relative.
This study comes to conclude that Constitutional awareness adds to the power of public
opinion, and hence, puts a positive pressure on the ones who are considered to be custodians
of legislation and those handling the gears of national progress. The study concludes that for a
prosperous, progressive, peaceful, plural and inclusive nation, a link between our Constitution
and Education needs to be built stronger and visible. I have an urge to quote here what Armey
(n.d.) said, “If you don’t understand the Constitution, I’ll buy you a dictionary” (in Thorpe,
2016, p. 236). All citizens have a responsibility to understand and follow the Constitution. It is
the Government’s responsibility to ensure that all citizens have a good knowledge of the
Constitution of the country. It is the Education Policy of Pakistan which can prepare the current
and the future generations, a reflecting generation which is aware of, and is guided by its
Constitution.
279
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Appendix ‘A’
Interview Questions (1)
A telephonic interview with Justice Khalil-ur-Rehman Ramday

In person Interviews with: the Senator Chaudhry Aitzaz Ahsan, and
Barrister/Politician Mian Bakhtiar Mahmood Kasuri
1. Who were the members of the Constituent Assembly?

2. Who were the drafters / writers of the 1973 Constitution?
3. Did the drafters face any challenge while drafting the constitution due to English
language?
4. Is English language really a problem for Constitution drafting/writing?
5. Do you think early politicians i.e., Liaqat Ali Khan had a better grasp over language of
politics and legislation?
6. Who are involved in opinion making? Who get heard during Constitutional debates?
Who get rejected and why (if)?
7. Who are the real opinion makers in the process of constitution making?
8. Is it desirable for the public to have knowledge of the Constitution? To what extent?
(Some believe knowing Fundamental Rights is enough for citizens of Pakistan)
9. Does our Constitution have any space for public opinion?
10. Do you think Constitutional awareness should be one of the objectives of our education
system /policy as a measure to ensure an aware nation?
Thank You
294
Appendix ‘B’
Interview Questions (2)
In person Interviews with:

Joint Secretary (Education) Muhammad Rafique Tahir
1. 3 is NEP (2009) linked to the constitution?
Thank You
295
Appendix ‘C’
Survey Questionnaire
(This survey is being conducted as part of a Doctoral study.

You may not reveal your personal identity)
Name: (Optional)____________________________________Age________________
Gender_________ Education__________ Profession (if employed)_________
(TEXTUAL PERSPECTIVE)
Read the following text to give your feedback on the same:
(2) The rights conferred by this Chapter shall not be suspended except as
expressly provided by the Constitution.
2. Security of person.−No person shall be deprived of life or liberty saves
in accordance with law.
3. Safeguards as to arrest and detention.−
(1) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest, nor shall he be denied
the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced
before a magistrate within a period of twenty-four hours of such arrest, excluding
the time necessary for the journey from the place of arrest to the court of the
nearest magistrate, and no such person shall be detained in custody beyond the
said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested
or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall be made except to deal
with persons acting in a manner prejudicial to the integrity, security or defence
of Pakistan or any part thereof, or external affairs of Pakistan, or public order,
or the maintenance of supplies or services, and no such law shall authorise the
detention of a person for a period exceeding three months unless the appropriate
Review Board has, after affording him an opportunity of being heard in person,
reviewed his case and reported, before the expiration of the said period, that there
is, in its opinion, sufficient cause for such detention, and, if the detention is
continued after the said period of three months, unless the appropriate Review
Board has reviewed his case and reported, before the expiration of each period
of three months, that there is, in its opinion, sufficient cause for such detention.
Q.1 Have you ever read this text before?
 Yes  No
Q.2 How would you grade the difficulty level of the given text?
 Yes  No
 Very Easy  Easy  Average
296
 Difficult  Very Difficult

Q.3 What in your opinion has made this text easy / difficult (as per your answer to
question 1)?
 Grammar  Vocabulary  Concept
 Punctuation  any other __________________
(SOCIO-COGNITIVE PERSPECTIVE)
Q.4 List down your rights given by the constitution of Pakistan (1973):
Q.5 Have you ever read the constitution of Pakistan?

 Completely  Partially: (Specify what part/s)___________
 Never got a chance to read the Constitution (1973)?
Q.6 When do you usually discuss the Constitution (1973)?
Q.7 When and what have you learnt about the constitution from media?
Q.8 Do you think being the Citizen of Pakistan you need to read the Constitution
of Pakistan?
 Strongly Agree  Agree  Neutral
 Disagree  Strongly Disagree
Thank You
297
Appendix D
Why Kasuri resigned (Excerpts from Kasuris DO letter to Bhutto)

298
299
300
301
302
303
304
Appendix E
305
306
307

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CRITICAL GENRE ANALYSIS OF THE CONSTITUTION OF

PAKISTAN, AND REFLECTION OF CONSTITUTIONAL

DEPARTMENT OF HUMANITIES, FACULTY OF SOCIAL SCIENCES

AIR UNIVERSITY, ISLAMABAD

A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF

DEPARTMENT OF HUMANITIES, FACULTY OF SOCIAL SCIENCES

AIR UNIVERSITY, ISLAMABAD

THESIS/DISSERTATION AND DEFENSE APPROVAL FORM

Thesis Title: CRITICAL GENRE ANALYSIS OF THE CONSTITUTION OF PAKISTAN,

Submitted By: _Shagufta Jabeen Registration #: 131285

Doctor of Philosophy in Linguistics and Literature

(Linguistics and Literature)

Prof. Dr. Wasima Shahzad ______________________________

Prof. Dr Wasima Shehzad_____ ______________________________

SUPERVISOR THESIS APPROVAL FORM

Of a thesis: CRITICAL GENRE ANALYSIS OF THE CONSTITUTION OF

Submitted by: Shagufta Jabeen

Registration No.: 131285 Discipline: Linguistics & Literature

qualitative requirements of this study.

Adam and Eve (‫آدم و حوا‬

Adam and Eve (‫آدم و حوا‬

Criticality and Interdiscursivity in 70

Genre amendment through 132

Power Over Language and 182

Statement of Objectives of the NEP 234

TABLES TITLE PAGE

2.1 An overview of early approaches towards language 12

4.1 Stages of writing the Constitution 82

4.2 Articles introduced by the Constitution (1973) 83

4.3 Names of Some of Constitution Committee members 93

4.4 Ethnographic profiles of two Chairmen of the Constitution 94

4.5 Questionnaire responses regarding social cognition 100

4.6 An overview of the Parts, Chapters and Articles of the 111

4.7 Number of Articles in Parts of the Constitution (1973) 113

4.9 The percentage division of word count across the 118

4.11 Most Frequently Occurring Words in the Constitution 123

4.12 Least Frequently Occurring Words in the Constitution 126

4.13 Examples of borrowed lexical items 129

4.14 Examples of Substitution (Lexical Level) 133

4.15 Examples of Substitution (Phrasal Level) 134

4.16 Examples of Substitution (Punctuation Level) 135

4.17 Examples of substitution at the level of clause/ syntax 135

4.19 Examples of amendment through insertion 138

4.20 Examples of amendment through omission 139

4.21 Constitutional Articles and Omissions with reference to 140

4.22 Constitutional Articles and Omissions with reference to 142

4.23 Frequency of the use of modal auxiliary Verbs 147

4.24 Frequency of Adverbials used in the Constitution (1973 156

4.25 Patterns of Conditionality in the Constitution (1973) 159

4.26 Instances of the use of word adequate in the constitution 185

4.28 Example of Socio-political Inclusion at the level of 194

4.29 Example of socio-political inclusion at the level of the 195

4.30 Instances of the contextual use of word peace in the 201

4.31 Constitutional Modes of Granting Rights 202

4.32 Constitutional expression of Fundamental rights 203

4.33 Constitutional amendments with the years of their 215

4.34 Amendments in the Constitution through Presidential 216

5.1 Pakistan Education Statistics (2016) 229

5.2 Ideologies mapped against Principle of Policy 233

5.3 The suggested categories of Objectives of NEP (2009) 235

5.4 Comparison of occurrence of ideologically laden words 240

5.5 Comparison of occurrence of ideologically laden words 243

Prof. Dr Wasima Shehzad_ __________________________