Daily Times

Every form of government — be it democratic or dictatorial — ostensibly promises rule of law. In reality and spirit, this is not always the case.

In democracies that are strong, rule of law is effective and consolidated, and leads a country to peaceful order and prosperity. The situation is reversed if the rule of law is absent.

In Pakistan’s case, rule of law has always remained a non-existing, de jure ‘reality’.

Rule of law and due process of law are two important terms. Both ensure proper functioning of the institutions of a state within their respective jurisdiction, create peace and prosperity, build society on sound structure and footing and confirm service delivery at the door steps of the subjects of a state etc. Both also protect the citizens from injustice and discrimination. The Constitution of Pakistan supports rule of law and due process of law, but unfortunately the country has achieved little success to reap fruits of these legal terms.

Rule of law may be defined as governance in accordance with law. The World Justice Project has explained that the rule of law is based on four universal principles. These include accountability, just laws, open government and accessible and impartial dispute resolution. Just laws mean the laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.

Due process of law may be defined to follow the course of action for performing an act in accordance with law. Example may be taken from the constitution of Pakistan. It provides procedure of performing business of each organ of the state. Following procedure provided in constitution would be the due process of law. It is administration of law according to accepted legal principles.

Encroachment on the jurisdiction of one office over the other is also a big problem. If one interferes in the work of the other, it will cause confusion and chaos

Law is always made on the basis of merit and in the public interest. Only making of law would be insufficient unless it is enforced without discrimination across the board on the bases of legal principles. Our country has well defined constitution and laws. Subsequently, rules and regulations have also been framed which are very exhaustive but main problem lies in their proper implementation.

Law helps to govern a state in accordance with set legal principles, maintain peace, ensure to provide rights to every citizen, tells them about their duties and mentions punishment in view of its violation etc. It also provides base for the institution building and politico-economic, socio and cultural etc structure. Here problem does not only lie in making of law but lack of proper enforcement and implementation has handicapped it.

Rule of law in Pakistan has been deteriorating day by day. There are various causes which contributed towards it. Some of them are discussed below:

Firstly, corruption is one of the biggest problems of our country. Corruption may not be taken only in monetary terms but receiving or giving any undue favor also falls under its definition. Corruption is rampant in our society. There are multiple agencies at federal and provincial levels which are mandated to bring corruption to an end. Persons who committed corruption have been awarded punishments. But corruption has increased manifold. Now it seems that bribe may be claimed by people as a right though law of the land does not permit it.

Secondly, encroachment on the jurisdiction of one office over that of other is also a big problem. If one will interfere or perform the work of other it may cause confusion and chaos. Consequently, the performance of employees will be affected seriously which may spot efficiency. Thus, the office may not perform upto the required level.

Thirdly, it is generally said that cases are submitted to a court of law without sufficient evidences or stuff. Consequently, the accused are released. If a person has committed crime and released on the ground of weak preparation of a case, then such person may not mend his/her ways. Rather, he/she may feel encouraged to commit another crime and set free by adopting unlawful means;

Fourthly, it has been observed that in order to achieve one’s ulterior motives, a matter is politicised. Consequently, a matter stands unresolved and confusion prevails;

Fifthly, there is a laid down procedure of passing bills on the floor of Assembly. But it has been observed that sometimes a bill is passed without giving due consideration to the bills. Thus, bill passed in such way may not ensure rule of law.

Sixthly, over burdened courts of law. As much as incidents of the violation of law take place, number of cases is increased in the courts. It causes delay in delivery of justice. Consequently, people want to decide matters outside a court;

Seventhly, delay in justice or providing rights to the subjects of a state shatters their confidence in the state. Consequently, the people start deciding their matters without adopting legal course of action.

Eighthly, increased number of laws but its poor enforcement and implementation has left negative repercussions on the society and the country. People have developed tendency of not obeying the law.  Where law loses respect, protection of rights and maintenance of peace is impossible.

Ninthly, weak internal policy, divided nation and poor law & order situation etc bitterly affects foreign policy of a state. In this situation, a state may not face involvement of a foreign country in its internal and external affairs.

Tenthly, excess use of power and authority is also the factor of poor condition of rule of law. Various incidents have been reported in which persons were killed without adopting due process of law. Extra judicial killing may not reduce the ratio of happening criminal or terrorist acts.

Eleventhly, national interest has been replaced by personal interest or group’s interest. It seems that either people do not know national interest or have deliberately stopped thinking on it. Their thought has been confined to the local issues. They may not think on issues of national importance. It has caused death blow to the national harmony. Consequently, confusion prevailed in the country.

Twelvthly, persons having negative thinking is also a main cause of poor rule of law. In unhealthy society where negativism, picking faults and poking nose in others’ affairs is rampant, a citizen of that society may not feel inclined to have positive thinking. Negativism leads a person to do something wrong. It is not necessary that the commission of anything wrong may be a criminal act. It may also be a non-criminal act.

Thirteenthly, majority of our population is youth. They need opportunities to earn their livelihood. Empty mind is abode of devil. If youth is left without work, then they may feel temptation to adopt wrong and unlawful means for sustaining body and soul together.

Fourteenthly; the lack of periodical review of legal and justice systems. It is imperative to review the systems periodically on regular basis for effective justice delivery.

Fifteenthly, making of law or rule by the enforcers. A body that has to implement a particular law may not be allowed to make such law. There are chances that it may keep its own interest in view while making the law. In unhealthy societies chances of such happening increases manifold.

Sixteenthly, education system has structural faults. It is degree oriented instead of inculcating knowledge and infusing analytical approach among the students. If a person gets degree but lacks required intelligence and knowledge, then he may be unable to differentiate between good and bad. Rather, he may pick faults from every good thing.

Seventeenthly, foreign hand is one of the biggest reasons of the deterioration in rule of law. India is our enemy. It has left no stone unturned to strike against the interests of Pakistan;

Eighteenthly, the conviction of winning of election by hook or crook. The forums, from Union Council onwards, elected through engineered results or corruption may not legislate on merit and in the public interest.

Nineteenthly, representative bodies of employees or labor some time, it seems, act for their respective interest at the cost of general interest of a society or an organization. They defy the set rules of the organization or norms of the society. Extremist ideology and extremism in sectarianism or self interest-based sectarianism are the important causes of deterioration in the rule of law. They bring people together on unjustified slogan. Consequently, a country becomes weak;

Remedies lie in adopting due process of law and implementation of law without any discrimination across the board. It is imperative to ensure protection of law at any cost. Moreover, principle of thorough investigation and exemplary punishment may be adopted. Further to add, internal and external policies must be prepared on the basis of national interest. It will make the country strong internally and externally.  Law is not a stick which may hit a criminal automatically. A person behind the stick matters a lot. This person makes a law through appropriate forums and is responsible to implement it.

The writer is an author and has a doctorate in Political Science

Published in Daily Times, March 11^th 2018.