- By: Irfan Khan Tareen
When a government by hook or by crook carries out regressive measures, such as suppressing political opponents, controlling media or cutting down judicial power, it only exposes its frailty and fragility. When those in the corridors of power incessantly strive to marginalize federal democratic houses, incarcerate political leaders or put crackdowns on peaceful protests and nonviolent movements, it then only exposes their absence of faith in democracy and constitution. Of course, when any ruling setup does play foul games at the back and call of undemocratic forces, it manifests it as ‘ wolf in sheep’s clothing ‘ and ‘snake in grass.’
In later 2024, the government passed 26 Amendment in the constitution in the darkness of night without any appropriate consensus and debate. As a consequence, it empowered government enabling to win the cases concerned with judicial matters. However, this greatly chopped the rule of law in the country by making judiciary subservient to executive through judicial commission dominated by two parties.
A few months before, 27 Amendment was passed in the assembly causing the fall down of judiciary in the country. Containing three core elements, the establishment of federal constitutional court, the transfer of judges between higher courts and changes to article 234, the controversial amendment is tantamount to 9/11 on Pakistan which has primarily deprived judiciary of the little power that was left after the passage of 26 Amendment, emboldened the government to sideline independent judges and provided life-time immunity to president and chief of army staff from arrest and prosecution. It’s unprecedented in a democratic state to not bring president and military officers to justice.
Pakistan witnessed time and again military dictators abrogating the 1973 Constitution. First in 1958, then in 1977 and lastly in 1999. After the death of General Zia-ul-Haq in air crash in 1988, the constitution was restored in country. Besides, Pervez Musharraf , showing his arrogance, repealed the unanimous passed constitution not once but twice— first in 1999 and second, in 2007. In all military regimes, Pakistan witnessed a little progress in economic field but more crises internally and externally. Pakistan’s involvement in Afghan Jihad in Afghanistan on the dictates of USA during these eras and its face to face wars with India weakened it domestically.
In truth, PPP’s current leadership revealing ‘ great cry, but little wool’ nature has tarnished the legacy of its founding leader, Zulfiqar Ali Bhutto and Mohtharma Benazir Bhutto by endorsing everytime foul changes in constitution which lack transparency, consensus and public support. PML-N’s and PPP’s onwards talks of upholding democratic norms in the country will be the exposure of their puppet nature. What is need of doing amendments in a well-defined and comprehensive constitution which fairly defines the duties and rights of its citizens, emphasizes equality and vouches fair governance? Why any party should happily contest foul elections? Why any party should embrace the theft of public mandate? Only leaders with upright character, far-sightedness and visionary ideas avoid foul plays. Unfortunately, all the political leaders we see in the country lack these fundamental values and belief in democratic values.
In one area, it seems true, where we are far higher that USA and other countries is speedy law-making which compromises efficiency and effectiveness of legislation. In last 237 years, the successive governments in US made 27 Amendments in its constitution—- which was passed in 1778, ratified in 1779 and became operational in 1789. Whereas, we have scored this number in mere 52 years with a flash speed. Attacking the 1973 Constitution, which is a legal document born out of consensus, a true reflection of democracy, Islamic ideology and the continuation of founding leader Quaid-e-Azam’s vision for Pakistan, in one form or other is insult of country. After the passage of these controversial amendments, as it seems, the constitution is no longer the true representative of masses.
This truth is universal. Neither politicians and ministers who come into power by foul means, nor judges who enjoy higher grades and privileges will in future be able to defend themselves and country from the chains of authoritarianism. They will answer to people for the decisions they take and policies they carry out. History and Pakistanis will never pardon cruel and materialistic leaders.
Indeed, acting upon the constitutional principles and democratic norms is the genuine solution to mitigating crises affecting Pakistan. With fair and free elections, transparency increaes, efficiency of good governance grows and progress can be achieved in true sense. Every one in the corridor of power must understand that ‘power is temporary’ and ‘ right is might’. Power of any form must be used for the welfare of country and betterment of its citizens. Pakistan needs genuine leaders who are subservient to their conscience not material goals, hold firm faith in democracy and believe that ‘ voice of the people is the voice of God’. Our politicians must rebuild their faith in democracy and constitution.