50 years. Golden jubilee. Big event. Constitution completes its half-century. Parliament celebrates. The constitution commiserates. Ironic. Why? A parliament that is devoid of opposition is an autocracy. A parliament that, on the day of the 50th birthday of the constitution, passes a bill that violates the constitution is a mockery. A parliament where the future Chief Justice of the Supreme Court is sandwiched between Asif Zardari and Ishaq Dar is just a stamp on the degradation of the court that is called Supreme. April 10, 2023, is a dark day in the parliamentary history of this country. Occupying the front two rows were men who have for decades twisted the laws to evade corruption cases and create back door entries in the parliament again and again. Let us hope this time around, it may not be that simple.
“We the people are the rightful masters of both the Congress and courts, not to overthrow the constitution, but to overthrow the men who pervert the constitution.” –Abraham Lincoln
The Constitution is for the public. The public votes to express their choices of men and women who will go and make public will supreme by ensuring their constitutional rights. What happens when those who are supposed to be guardians of the Constitution become abrogators of the Constitution? What happens when those who are representing the people start representing each other? What happens when those who are lawmakers start making laws to protect themselves rather than the people? What happens to those who are protecting the sanctity of the Constitution themselves becoming its violators? The answer to all these suppositions is that state of dysfunctionality will result, which will endanger the very purpose of being an independent country. Unfortunately, that is where Pakistan stands today. The rather terrible spectacle of all the government’s men and ECP and establishment trying to fight vs the right to hold elections within 90 days is almost like a war against India. However, there are some facts are too stark to concede to this operation’s destruction:
Bend, twist, break Constitution- Constitutional violations are more associated with dictators than democrats. Dictators come in, suspend the constitution and impose their very own Martial Law. The democratic governments, who when ousted cry murder, are not suspending the constitution but polluting it with self-specific amendments. The PDM government has been busy amending laws of those institutions that are responsible for accountability. NAB is now just a big white elephant bleeding the ex chequer and busy dismissing one case after another of billions of rupee corruption by the cabinet that runs this country. Next comes the judiciary. The open intent to restrict the powers of the Chief Justice to somehow decide on holding the Punjab and KP elections within 90 days is given. None of the judges could take that as a matter of conflict. However, the Suo moto taken by the CJ on it was objected to by some judges who either recused or wrote dissent notes on it. To make that dissent a law the government with unbelievable speed drafted a bill passed it in the two houses and sent it to the President for assent. The bill called Supreme Court (Practice and Procedure) Act, 2023, is proposing the choice of Suo moto and the bench composition be made by a committee of three senior judges rather than the Chief Justice. The debate is less on the bill than on the fast-forward way of tabling it and passing it. Even the blind can see the hurried approach is to somehow stall, delay, or postpone elections. That tantamounts to violating Article no 224 of the constitution which specifies the duration. As if that was not enough the Election Commission has also proposed a bill to the national assembly and senate that gives them the right to announce the election date. Again, this bill is only with one intent and i.e not to hold elections in 90 days.
The Bizarre Divide-The oft-repeated sentence is that the country has become polarized. Correct. But over some time majority of the people of Pakistan are convinced that political stability has to precede economic improvement. They also concede that political stability is dependent on free and fair elections. Parties in the government do from time to time express nominal dissatisfaction but that is just to get their demands fulfilled than any serious difference of opinion. The main visible divide is in Judiciary and to a lesser visible extent in the establishment. The difference of opinion in the judiciary is a good sign but the difference of opinion on the constitution is dangerous. Judges who have given dissenting notes have based it on technical grounds. Those technical grounds are debatable and need to be solved within. However, the open desperation of the government to include certain judges in their political game is doing more harm to the judges than anybody else. The unique spectacle of seeing the future Chief Justice sitting in the Parliament and addressing the government gathering sent very wrong signals to the viewers. The reaction by the public was strong enough to draw an explanation from the honourable judge. However, the explanation caused more controversy than eased people’s apprehension.
The Intended Consequences- When a risk is taken, it many times leads to unintended consequences. However, sometimes decisions are taken despite knowing the consequences. When these consequences are leading to disaster and people taking these steps know it, then it becomes a dangerous game. The present standoff is a scary scenario of stakeholders playing a game which is and will lead to a crisis greater than anybody can handle. The Finance minister knew that by trying to control exchange rates and imports the economy will be jolted, but he still did it. The Finance minister knew that with such steps IMF will not lend, but he still did it. The Prime minister knows that by not providing funds for elections he will be violating the constitution and court orders, but he still did it. The security forces know that by refusing security they are being viewed as partners to the desecration of the constitution, but they still did it. This is a crisis that is turning into a catastrophe. And the sad part is that those who are doing it are doing it knowing that they are thrusting the country into a shattering dysfunctionality.
The fight between the power of the powerful and the power of the rule of law is up close and front. The irony is that in the very parliament in which the government was celebrating the golden jubilee of the constitution, it was asking it to ratify a clear violation of the same constitution. The parliament has become more of a place for the representation of criminals, as evidenced by the bills that have been passed by it. More debate has been done on how to remove accountability clauses and judicial powers than the crushing inflation that is drowning the economy of Pakistan. Honourable Chief Justice Faez Isa was surprised at why people were upset about him sitting in between Zardari and Dar. These are two politicians who have a record of amassing fortunes at the expense of the people of Pakistan. Recently a school in Norway included Zardari’s name in its syllabus as an example of corruption. Ishaq Dar was declared an absconder for years and has now been termed by his party as the man who has destroyed Pakistan’s economy. This a historic moment where men and women of honour will be judged by whether they stand with the constitution and people’s rights or power, constitution violators and crime launderers.
The writer is a columnist, consultant, coach, and an analyst and can be reached at andleeb.abbas1@gmail,com. She tweets at @AndleebAbbas