Pakistan’s political climate is at its lowest point, with a sharp polarization and a severe economic downturn, gross human rights violations, burgeoning prices, and a breakdown of state institutions. There is more to count, but it is essential to show that the necessities of people have no value at par with the struggles of political parties to book their seats in succeeding parliament.
The intrinsic nature of politicos is that they have sworn to be winners of public opinion. However, they capture the minds and intelligentsia of society so badly that they all start beating drums for them, which makes them tools to pass on their political wishes. It is proverbial that Pakistan has faced various challenges since its independence. However, every political party has contributed to further worsening the situation so that the institutions become divided and malfunctioned. The tormenting issue of terrorism is rapidly increasing. The abduction of Baloch activists, midnight raids, excessive use of force by police, and limiting the freedom of expression of political dissidents have been normalized during the last year of the PDM Government.
Pakistan continues to burn, but the political parties having privileges and ravishing perks will never heed their attention to those dying in stampedes for their routine food. This game is not for the betterment of the country, as it will encourage more pauperism. The gap between the rich and poor, haves and have-nots, will widen because of such power struggles. The tussle between the judiciary and political parties, mainly coalition government, has risen in the last couple of weeks. A clangor of articles of the Constitution and interminable dispersion between parties paved no clear road map towards a stable environment in the state. Ex. PM Imran Khan continuously shows his street power to exert pressure on institutions. At the same time, the sitting politicians seem busy making stomping grounds to take revenge for staying outside of the power corridors for three and a half years. The colorful coalition government openly criticized the judges by naming them in public rallies and debating their conduct on the house floor, violating Article 68 of the 1973 Constitution.
At this time, the tireless efforts of the judiciary, which is undoubtedly the guardian of the Constitution, are worthy. However, the public’s anger and imbalance in opinion regarding judicial fiats prevail in society as it lacks the principles of equity and morality to equalize both sides of justice. Politicians have politicized the nooks and crannies of the judiciary due to their inability to resolve disputes. The judges are now divided. This heterogeneous mixture of judges favoring specific sides will create judicial chaos, which Pakistan had already witnessed in 1977. The divided judges within the SC can create a challenging and contentious situation. Deciding on a matter from a legal point of view may become difficult, leading to delays in the administration of justice. The court can also erode public confidence in the judicial system. Furthermore, if the disagreement among the judges becomes acrimonious, it can damage the credibility of the SC as a neutral arbiter of justice.
The ruling parties and the opposition have been at odds over the election date. The Constitution regarding this issue is clear, and Article 224 reads that elections to the provincial assemblies “shall” be held within a stipulated period. According to article 218(3) of the Constitution, ECP must organize and conduct elections and make such arrangements necessary to ensure elections’ fairness according to law. For this reason, the SC declared unconstitutional and illegal the Election of Pakistan’s decision to postpone the elections till 8 Oct. It also instructed the concerned authorities to act in aid of ECP for the provincial polls. The legal fraternity and civil society welcomed the decision, except the parties in power. It upheld the Constitution even if the Constitution of the bench flamed controversy. The coalition
rejected the judgment and warned the Chief justice to step down. In a hurry, they also tabled a resolution against the ruling, which has no legal importance. Such a declaration of non-compliance with the SC’s decision will push the country into another quagmire of controversy which is not a charming price to be paid by the people of Pakistan. Any action taken not to implement the SC ruling is deemed void. Article 189 of the Constitution also states, “Any decision of the SC shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts. The stubborn refusal of the law declared by the highest court of the land can be punished by the SC for contempt for disobedience of its judgment, as reiterated in PLD 1998 SC 45. Despite the explicit law provisions, the government uses offensive language to pressure the judges and hide behind the technicalities.
Meanwhile, a joint session of Pakistan’s parliament passes a bill to curtail the powers of CJ the President of Pakistan has returned the SC Practice and Procedure Bill 2023 by stating that the bill prima-facie travels beyond the competence of the parliament, which, in fact, proper as article 191 puts a bar on it. It only authorizes the SC to make rules regulating the practice and procedure of the court. Article 70 of the Constitution addresses inter alia the introduction and passing of bills. Any bill relating to a matter in the federal legislative list may originate in either house. For this reason, the bill’s introduction shows the parties’ mala fide intention to create a filibustering debate. Entry 55 of the Federal legislative list excludes the parliament from legislating concerning the supreme court.
The shrewd politicians and legal luminaries portended that such deadlocks and their wounds will fester if we have not realized the supremacy of the Constitution. It is this document which guarantees the right to vote for the people. The former US president once said Elections are the lifeblood of democracy. Also, the proper functioning of state institutions is essential for ensuring that a country operates justly. Concerning the events discussed earlier, it is a call of the hour to respect the domain of the institutions and create a piquant environment to take democracy out of books.
Written by
Nazim Khan
The Lex Writer
