Daily Times

For several decades Pakistan’s state has been plagued with a plethora of intra and inter-institutional issues that essentially kept its potential for economic development restrained, and in some cases caused a serious reversal, setting the country back by leagues.

Two of the state’s key organs, namely the judiciary and bureaucracy, have been unable to evolve to meet the demands of a fast changing world by remaining hostage to structural, cultural and political constraints.

The Pakistani bureaucracy, whose backbone is the so-called Superior Services (CSS and PCS), notwithstanding any semantic revision of titles, is in a morbid state for want of reforms. Its recruitment, promotions, postings and capacity building process is so archaic that there is no room for growing into anything like the civil services of East Asian counterparts, what to talk of Western counterparts, which focus on performance and service delivery by ensuring merit and specialisation; rather than serving as political masters’ hand maiden and making money through corrupt practices.

Sadly, for most aspirants, civil service is not a career but a means for social mobility and affluence which also shape their preferences for specific occupational groups; irrespective of their area of academic specialisation or aptitude.

In its current form, one occupational group dominates all others at the top levels of bureaucracy, namely the Pakistan Administrative Service (PAS); and without creating any specific specialisations holds the top administrative positions in almost all ministries and departments. This has created a situation where we do not have experts in any fields of government. And the institutional growth has become stunted, resulting in a gradual decline of quality of governance.

Unfortunately, Prime Minister Imran Khan’s advisor for Institutional Reforms and Austerity, Dr Ishrat Hussain, who had been advocating far reaching reforms in the top tiers of bureaucracy for years, has delivered none; but for some cosmetic tinkering of rules and procedures

Unfortunately, Prime Minister Imran Khan’s Advisor for Institutional Reforms and Austerity, Dr Ishrat Hussain, who had been advocating far reaching reforms in the top tiers of bureaucracy for years, has delivered none; but for some cosmetic tinkering of rules and procedures.

His only idea of consequence, namely National Executive Service (NES) for grade 20 and above, which would have been brought about by having another competitive exam at that level — open to all occupational groups and private sector as well, seems to have made no progress at all. The idea which was about bringing the best talent from all branches of the bureaucracy, and from those who belong to the technocrats class, would have brought about substantial positive change.

Along with that, core changes to the basic recruitment process for higher services at the entry level needs to be revolutionised to meet the demand of modern times; given how the Federal Public Service Commission (FPSC) relies on examinations that oddly leave out the best talent for specific groups by following a generic process.

Another issue which needs to be addressed is the increasingly popular practice of making the best use of any top tier position in bureaucracy one chances upon to seize other posts or perks so to perpetuate their privileged position. The recent episode where the Secretary Establishment got himself appointed as the Rector of National School of Public Policy which carries an emolument package of millions of rupees a month. It doesn’t matter that he was part of the selection process himself and there was a clear conflict of interest. The media uproar it created did nothing to change the decision. In the good old days such an unabashed act of inequity would not have taken place.

Now one hears that the Foreign Secretary is also trying to get himself posted as Ambassador to Beijing, although he has about a year of service left, roughly equivalent to the time he needs to serve more for a full three year term. The fact that it would be a clear violation of rules and would entail an extra burden of around 20 million rupees to the exchequer (the expenses required for relocation of two ambassadors) does not matter of course. Neither does the fact that if it happens then it would be the first time in Pakistan’s history that three consecutive ambassadors to an important capital such as Beijing will have a year or less of a stay each. Something which will surely not be seen as a sign of seriousness by Pakistan’s closest strategic ally in the region.

As for the judiciary, which is the backbone of any democracy and modern economy, the need for reforms is even more compelling. The backlog of pending cases is insurmountable with multiple avenues of appeals delaying the process so much so that several generations of a petitioner need to pursue it one after another to see its culmination. There are so many avenues for unnecessary appeals and blocking the process or even interim decisions on frivolous grounds that it is impossible to secure expeditious justice and enforce contracts; which is sine qua non for ensuring adequate investment for the desperately needed economic development.

To make matters worse, even when a decree is finally issued by a court, a separate suit needs to be filed for execution of the same decree which is again a long drawn process. It seems the whole system is designed for causing maximum delay to wear our even the most determined petitioner.

International best practices need to be adopted on priority to ensure speedy justice and quick enforcement of contracts. In developed countries most legal petitions are decided by the judges or the lawyers of the two parties through negotiations, before a trial even begins. And in case of a trial as a last resort the timely disposal makes contracts something to be taken seriously which gives confidence to the businesses to make investment decisions.

Our criminal justice system is equally broken to the extent that it is almost impossible to get the powerful convicted on even the most blatant crimes.

We have to remember the old maxim that ‘Justice delayed is justice denied’. Since we have a system which would beat any other in causing delays it is no wonder that Pakistan has been currently ranked 120 out of 128 in access to justice and quality index.

With a government in power that is supposed to be focused on the supremacy of merit and justice, more than anything else, this is rather a paradoxical situation, despite some notable steps taken so far such as institution of mobile courts.

Unfortunately, one of the biggest hurdles in judicial reforms are lawyers themselves who act more like politicians and merchants of justice. Bar councils are filled with people who represent political parties or other vested groups. The reason that they now seem to act if they are above the law is the lawyer’s movement that gained momentum between 2007 and 2009. It was a watershed moment in Pakistan’s chequered history which in the eventual reckoning created more problems than it solved.

The PTI government needs to set up a commission for judicial reforms to change the archaic, inefficient and corrupt system for dispensation of justice and contract enforcement and bring about genuine and far reaching reforms. If done properly it would be its biggest service to the country and an achievement that would help the party win back and even strengthen its popularity with the masses.

Similarly, Dr Ishrat Hussain should be encouraged to wake up from his deep slumber and finally deliver on the reforms that he advocated for years. Perhaps, a reforms commission with a clear mandate and timeline should also be set up for the above stated purpose where Dr Hussain could be a member.

Occasional tirades against bureaucrats without any meaningful reforms, that too selectively, would not amount to much otherwise.

The writer is Associate Editor (Diplomatic Affairs), Daily Times. He tweets @mhassankhan06