We are certainly holding our own in the worldwide competition of absurd laws.
In the beginning was the Preamble to the Constitution, with the people, in 1950, proclaiming India to be a sovereign democratic republic promising justice, liberty and equality. Yet the ink had barely dried when, a year later, the First Amendment had to be rushed into print. The so-called Schedule IX had to be created, with the laws under it declared immune from challenges of being unconstitutional. In their zeal for the fundamental rights of zamindars, the Indian courts had been striking down land-reform laws right and left, and it was important to create a firewall to protect social-welfare legislation aimed at reducing inequalities in Independent India.
India thus has the distinction of laws passed under the Constitution requiring protection from the same Constitution. At last count, there were close to 300 laws cowering under Schedule IX, with the Supreme Court trying to drag them out of cover and smite them dead. The last round in the tug of war took place in January 2007, when a nine-judge Constitution Bench declared that laws previously protected under the Schedule could now be struck down on the ground of being violative of fundamental rights and affecting the basic structure of the Constitution. This will undoubtedly not be the last word on the issue, however.
In Pakistan, anytime confusion surfaces regarding whether the country is secular or otherwise, the Preamble to the Constitution itself proclaims that sovereignty over the entire universe belongs to Almighty Allah. The people of Pakistan are thus to exercise authority solely within the limits prescribed by Him. Accordingly, presidents and prime ministers take oath in the name of Allah, and end with a plea for help and guidance from Him. At the same time, however, the country has a secular penal code, which often contradicts Islamic tenets.