Need of separation of powers in Pakistan

 

Since the panama gate scandal emerged, the judiciary of Pakistan has become vibrant and it has been monitoring, pointing out and taking suo moto notices over the flawed and mismanagement of the governance of governments of all provinces. Meanwhile, the Supreme Court has appeared the strongest institution after the disqualification of the Prime Minister Nawaz Sharif. The apex court asked the civilian government and gave several ultimatums to the executive: waste management of Karachi, improving the conditions of the hospitals and removing of the billboards used for political purposes. Therefore, the Judiciary’s intervention in the executive affairs increased significantly for what the Chief Justice was criticized by the political parties.

According to the constitution, the executive authority of the federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.

Pakistan is a parliamentary republic, where the troika of the Executive, Legislature and Judiciary forms the core of the State’s governance apparatus. All three pillars of the State, since the inception of Pakistan have remained fragile. Executive remained powerful but its domain of power was not constitutional as the organs of the executive like bureaucracy and military ruled the country which was unconstitutional.

Bhutto reforms led to the demise of the bureaucracy and the army remained only powerful institution in the country.

First time in 2013, nation witnessed the successful transition of one elected government to another. The newly elected government of PML (N) in 2013 completed its tenure successfully. On the other hand, no Prime Minister of the country could complete his/her five year.

National Accountability Bureau (NAB) has apprehended many officers as well as political workers  across the country against charges of the corruption and misuse of power on them.According to the NAB chief the menace of corruption will be eradicated and accountability across the board will be initiated.Undoubtedly, accountability is the integral part of good governance but it should not be selective. Traditionally politicians and Bureaucrats have faced the wrath of politically motivated accountability.

However,independent and inclusive institutions are vital for the progress of any state. Institutions, not the individuals should prevail. It is true that bureaucracy, the backbone of the executive, is plagued by maladministration but it is also undeniable fact that lower judiciary and National Accountability Bureau (NAB) is facing problems as well.

The senior politician Farhat Ullah Baber in his farewell address to the upper house of the parliament said, “The situation has fallen down to an extent that judges use the weapon of contempt of court to protect themselves. He remarked that a wise man in his village says that the constitution is superior to parliament, but the wise man also says that constitution is not what is written but what he says”.

For the better, prosperous and progressive Pakistan, it is necessary that the separation of powers must be ensured ,coordination and cooperation between the state organs and institutions need to be built and last but not the least, the  parliament should perform its duty of good governance and better legislation to avoid any hounding to the democracy and the progress of Pakistan.