Supremacy of parliament is a concept that has been sounded out in this country for over a decade now. Coming on the heels of the brutal Musharraf dictatorship, there was a realisation that the truest form of democracy was one in which those representing the people of Pakistan had to be the foremost authorities on how this country should and could be run. Great strides were made in the cause of parliamentary and constitutional supremacy over the next decade during the terms of both the PPP and the PML-N. Both parties worked together to pass several constitutional amendments that set out to undo the damage that General Pervez Musharraf had done to the constitution and the country. But that effort, that struggle, that very foundation of how this country would prosper now seems to be under threat.
Among other things, such as media, freedom of speech and freedom of association without fear of reprisal, it seems the PTI government also has incredible disdain for parliament itself. The very institution from which the government draws its legitimacy and authority is a victim of infinite neglect by both Imran Khan and his band of sycophants. This has been made very obvious by the fact that this government, like no other government before it, chooses to never introduce laws through parliament, but instead just goes the ordinance route.
Article 89 of the Constitution defines in detail the process of legislation through ordinances. It stipulates that only in exceptional circumstances can the federal government exercise such an authority. Explaining further what those special cases may be, it adds that the president may promulgate an ordinance when the Senate or the National Assembly is not in session, and only if the president is “satisfied that circumstances exist which render it necessary to take immediate action”.
Among other things, such as media, freedom of speech and freedom of association without fear of reprisal, it seems the PTI government also has incredible disdain for parliament itself
Ordinances are always meant to be subjected to parliamentary approval, which is why they are not only for a specific time period, but can also be voted down by parliament and can only become proper law once both houses pass it as legislation.
But it appears Imran Khan did not get the memo on this one.
In December, the ‘selected’ prime minister told a press meeting that since his political party and its allies lacked majority in the upper house to pass legislation smoothly, they would not be in favour of reaching any settlements with the opposition parties and would make legislation through ordinances. It seems the government is now following that route instead of engaging with the opposition.
If the prime minister’s motives were noble or altruistic, maybe the masses would have forgiven him. But time has shown that this is simply not the case. The ruling party seems to revel in rushing through ordinances, specifically when the aim is to benefit a certain class of people in this country-the class of people that has been bankrolling the PTI for the past decade. First, it was the amnesty scheme, something the selected prime minister had seemed to declare war on when he was in the opposition. Meant to give a chance to many a billionaire within his party and outside of his party to legitimise their alleged ill-gotten gains, the amnesty scheme was rushed in by the government, and any attempts to stage a debate in the media was stifled and curbed. The latest example of the PTI ruling by ordinances to support those who have bankrolled Khan was when the government tried to waive off PKR208 billion that industrialists owed to the government. Money owed that if collected would mean it would potentially have been spent for the betterment of the people that make up this country. But the richest in this country had not supported and funded the PTI all these years just to be made to pay up eventually. Every support comes with a price, and the PTI seemed eager to pay up that price at our expense. Thankfully, the public outcry that followed was so significant that the PTI, masters of U-turns as they are, were forced to take another one.
This country we love has had a troubled and difficult past, and sadly for us who have, for decades, sacrificed for Pakistan, the immediate future seems unforgiving as well. Now more than ever, we the people need to come together to ensure that the democratic spirit that fuels the destiny of this country is not expunged by the current government. Now more than ever we have to be ever-vigilant. Now more than ever, we need to force this government to rule according to the whims of the many, not the few. Now more than ever we need to come together and ensure that parliament, our parliament, is where the future of this country is charted.
The writer tweets at @maizahameed and can be reached at [email protected]