On the 64th Independence Day, the nation is aggrieved - devastation brought by floods and ill effects of bad governance have crippled the entire country. It is sad that after 63 years of independence, the rulers are still debating fundamental issues - sustainable democracy, rule of law, independent judiciary, sovereign parliament and a society based on the principles of social and economic justice.
The great challenges faced by the state-terrorism, targeted killings, fanaticism, bigotry, corruption, economic collapse, deprivation of nationalities living in the backward federating units and socio-economic injustices and disparities-are continuously being ignored or tackled half-heartedly. The deliberate avoidance of addressing real issues is a source of concern for serious-minded analysts and citizens alike. It was perceived that the lawyers' movement-started on March 9, 2007 and culminated on March 16, 2009-would solve all our problems but it proved wrong. We warned against it then and suggested that the nation needed to strive collectively to overcome multiple challenges. The core issue is lack of good governance-a cynical friend asked us "Where is governance in Pakistan? How can you say something is good or bad when it is non-existent?"
Sixty-three years of tumultuous existence of our nationhood has witnessed many upheavals with our journey from one crisis to another having at its core the struggle to establish a true democratic polity. The continuous failures on political, economic and social fronts are the outcome of lack of determination to defeat the unholy alliance of anti-people forces-trio of corrupt civil-military complex, incompetent politicians and greedy traders. Not only that military-Mullah alliance still persists, there is now even greater coalition between military, traders, clergy, bureaucracy and politicians. Even the PPP, once a progressive party, is succumbing before the forces of fundamentalism-Zardari wants unconditional dialogues with the Taliban knowing well that they are enemies of humanity.
In these circumstances, the theory of 'failed state' is getting more and more credibility. Mere rhetoric or polemics about great Islamic ideology-mostly infested with fatwas taken by the kings who ruled over the ummah-will not serve any useful purpose. The few achievements during the last 63 years have been nullified or at least dampened by the stunning failure in establishing a sustainable democratic system that could address the real issues of the masses.
The indifference and apathy of political leadership, learned helplessness of the masses and long military rules have crippled the society as a whole. It is now time to recover and tread the path of progress-a long term strategy for growth and productivity is the need of the hour. The Planning Commission after a nation-wide public debate prepare workable plans for sustainable economic development.
Emergence of a new Pakistan on March 16, 2009 was, symbolically, revival of the spirit of Lahore Resolution of March 23, 1940-aimed at establishing a state for the welfare of people with assurance of justice to all. If March 23, 1940 paved the way for independence on August 14, March 16, 2009 brought victory for justice-for the first time the establishment suffered a humiliating defeat at the hands of masses. Interestingly, both the events originated in Lahore.
However, a word of caution was necessary as articulated by us in these columns that the judgement cast heavy responsibility on the parliamentarians to ensure with the help of masses, continuity and sustainability of democracy. Unfortunately, they failed to act responsibly and work for the betterment of masses. Instead, the government obliged the military chief by giving him a three-year extension while the entire parliament remained a silent spectator.
The apex court in its judgement of July 31, 2009 observes that "Before parting with the judgement, we would like to reiterate that to defend, protect and uphold the Constitution is the sacred function of the Supreme Court. The Constitution in its preamble, inter alia, mandates that there shall be democratic governance in the country, wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; wherein the independence of judiciary shall be fully secured. While rendering this judgement, these abiding values have weighed with us. We are sanguine that the current democratic dispensation comprising the President, Prime Minister and the Parliament shall equally uphold these values and the mandate of their oaths."
In the wake of unanimous 18th Constitutional Amendment, notwithstanding the above observation, legislators and adjudicators-two vital pillars of state-are again poised against each other. This highlights the real dilemma faced by us in the last 63 years of existence-a daunting challenge of establishing true democratic polity based on constitutional supremacy, rule of law and equity. The Supreme Court backed long military rules and denied the people of Pakistan their inalienable right of justice.
After a long struggle we secured independence from the British raj. We did get a 'separate homeland' on 14th August 1947 but failed to make it a "freeland" where the will of the people reigns supreme and their rights are respected and protected. The challenge to restore people's rule was, nonetheless, taken up by pro-people forces since 1947 but vested interest with the help of judiciary and foreign masters kept foiling all their efforts-in the process we lost a part of our motherland, many leaders, political workers and social activists. The dictatorial rules nakedly supported by the apex court and United States muzzled all the state organs. The greatest loss was independence of higher judiciary that became an approving arm for all unconstitutional rules. The defiance that started on March 9, 2007 was the beginning of a journey for an independent judiciary and rule of law, but it also soon proved to be illusory.
It is high time that people realise that judiciary is also part of the establishment-it is more interested in safeguarding its own interests rather than that of the common people. Now, the people will have to unite and defeat the unholy alliance of privileged classes. Our history is marred by anti-people and autocratic rules-both military and civilian alike. Besides various socio-politico-economic factors behind our failure to establish a "sustainable democracy" and "responsible rule", the role of judiciary in validating coups d'etat was highly lamentable. Like all other institutions and organs, judiciary, in the post-independence period suffered due to weak democratic traditions, fight between economic vested interests, rivalry of influential politicians and bitter power struggle between the landowner cliques and civil-military bureaucracy. It is thus not something unusual that since independence, judiciary also got divided on political lines when deciding important cases, especially when legitimacy of supra-constitutional seizures disrupting the democratic process was called in question.
Though in post-March 16, 2009 scenario, the higher judiciary has tried to curtail arbitrary exercise of powers by any organ of state, yet it showed bias when the matter came to its own reformation. The second and final restoration of the Chief Justice of Pakistan on March 22, 2009 was not a triumph of an individual-but later events showed otherwise. It failed to be a significant step towards revival of true democratic rule and independence of judiciary in Pakistan. The tussle over the process of selection of judges explodes the myth that real issue is not show of muscle powers amongst two organs of state.
On the 63rd Independence Day, we are still vying for a true people's rule based on principles of democratic dispensation, constitutional rule and socio-economic justice. It is high time that through national consensus and reconciliation, we establish true democratic rule, free and impartial judiciary and just economic system. Needless to say that political turmoil, social unrest and violence are the direct results of undemocratic rule and lack of dispensation of justice. So long these persist; we have no independence but 'Myth of Independence'-the title of outstanding book by Zulfikar Ali Bhutto.
The writers, legal historians and authors of many books, are members of Visiting Faculty of Lahore University of Management Sciences (LUMS).
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