A high-level debate on the merits, or otherwise, of what is called ruling through ordinances was long overdue, so it’s a good thing that one has begun in the upper house of parliament. And while Law Minister Dr Farough Naseem was right in saying that it “is not something illegal” and that “Article 89 of the constitution which had not been touched at the time of the 18th amendment gives the president power of issuing ordinances,” the opposition is also not wrong in complaining that such a route dilutes “parliamentary and provincial rights guaranteed in the constitution.” The law minister’s position is understandable since he must defend the standpoint of the government as best he can. But treating this as just another one of the cases he’s taken up and won with the sheer force of his legal arguments would miss the point, since the black and white of the law which is sometimes unforgiving within the confines of the courtroom does not strictly apply to how legislation is meant to be enacted. True, the president does have the power to issue ordinances, but when the government of the day forms a habit of it and begins to prefer it over regular parliamentary legislation then it runs the risk of running contrary to the very spirit of the constitution. Solid as his argument would have been in his previous profession, the law minister failed to fight the feeling that we have come to such a pass, where the government has issued about 40 presidential ordinances, because of the prime minister’s personal distaste of the opposition, especially accepting them as legitimate political players and engaging them in constructive discussion. Opposition parties, too, should not have frustrated what little steps the government did take to facilitate proper legislation in the House. Now, as a result of both sides’ inflexibility, we are stuck in a position where the government is facing problems in enacting laws in the interest of the people. As the ruling party, it is PTI’s responsibility to solve such problems. It’s bad enough that its own political philosophy, not to mention its single-minded accountability drive that has singularly gone after senior opposition politicians, has alienated the opposition to such an extent. By not taking steps to break the ice, it is now making a bad situation worse. Legislation through ordinances, therefore, though legal, is not preferable. *