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Perspectives

Is it really about the constitution?

Published April 19, 2023
Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan. Photo: Reuters
Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan. Photo: Reuters

The political and constitutional quagmires prevalent in Pakistan are not caused by incapacitated state institutions, but rather by the individuals heading these institutions believing they can do as they please and overpower other players.

It is at this point that the constitution that outlines the rules of the game ceases to exist. For the rest, it's just smoke and mirrors designed to give the impression that one is following the law.

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It can be difficult for institutions to find agreement on how best to implement the constitution. But here, we have every stakeholder trying to implement their own version of the constitution every single day.

The game of interpretation and who is sanctioned to interpret it becomes a meaningless exercise once one realises that it has never been about the constitution at all.

The looming crisis over the fate of elections in Punjab offers nearly a textbook case of how it has never been about the rule of law.

The country's top court is currently engaged with the government as the latter continues to blame it for being partial towards certain political players.

For its part, the court continues to slam the said parties in power amid scathing verdicts from its own fraternity.

Meanwhile, the parliamentarian's romanticism with the legislation these days is a sight to behold.

It is remarkable to see how the lawmakers have suddenly realised that the chief justice's powers needed to be clipped and that it is the parliament that is superior to other institutions.

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Day in and day out, we have lawmakers shouting at the top of their lungs to ensure that their fellow parliamentarians realise that the spirit of the constitution stands with them.

It has gotten to the point where it is comical to see how far the parties in power are willing to reinterpret the constitution in order to save their skins.

Those who sit outside the parliament believe that the courts can somehow resurrect them. Courts from Quetta to Karachi and Peshawar to Lahore have been busy lately with cases that are being thrown at the PTI.

Some of them are legitimate while others will go down history as tools used to cut PTI down to size only to be revived again someday in order to serve the state.

This brings into play another player who has been omnipresent in this entire scheme of things but wants others to believe that it has found it constitutional calling.

Months ago, the security establishment seemingly decided not to interfere in politics, allowing political players to fight it out among themselves.

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However, parties in power, Imran Khan and even the courts, or some segments of them, want to make amends.

This whole anarchic logic is the fundamental problem with Pakistan’s troubled state of affairs.

And once key players take this unsettled viewpoint to decision-making, we are left with a state in crisis. A state where the citizens' and the institution's trust is broken is a state of chaos, where the rule of law no longer applies.

Talk to anyone in the street and they will tell you that they don’t expect anything from the state; they are only fending for themselves and trying to stay away from any and all constitutional bearers.

In this situation, its almost impossible for a government to effectively govern its people. In Pakistan, we never had anyone who really thought governing people should be a priority or was important for the process of state formation.

This is why when trust breaks down between citizens and institutions, it is virtually a no-state situation.

Supreme Court orders Punjab elections to be held on May 14

The article does not necessarily reflect the opinion of Business Recorder or its owners

Umair Jamal

The writer is Head of the Political Desk at Business Recorder (Digital)

Comments

Comments are closed.

KU Apr 19, 2023 08:43pm
We all know that Constitution is used as a smoke screen for the public as well as foreign interest groups. If ever the phrase ''pushed against the wall'' was true, the poor and the middle class are glaring examples of this suffering. What's mindboggling is the persistent incompetence and thug-attitude of the sitting government ministers to prolong the heist time, and none to stop them.
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IMTIAZ CASSUM AGBOATWALA Apr 19, 2023 08:54pm
Yes, it is about individuals showing off their powers as persons, not about institutions.
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test Apr 19, 2023 09:58pm
1-PhD in engineering, science, finance or management related degree should be a must requirement to become eligible for public office such as ministers, policy makers, judiciary and even generals. 2-PhD in arts, language, culture, socialogy, philosophy will not be acceptable to hold a public office at upper level so the person must be limited to teaching level at college or universities and not some public office such as ministers, policy makers, judiciary and even generals. These degrees will not be acceptable. 2-Expereince in a specific field must be at least 10+ years should be a must requirement to become eligible for public office. 3-Those public office holders who have matric, fa, ba, ma degrees must be sent home as soon as possible. 4-A commission must be formed to check who has fake degrees and who has degrees from unreputable universities and job will be taken back and all future public office jobs will be denied to that person and the account money will be given back to govt.
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test1 Apr 19, 2023 09:58pm
5-If a public office holder is facing corruption or mismanagement inquiry then his job must be put on hold so that he can face inquiry and until then an independent commission will appoint a new public office holder person and once the previous person is found cleaned then he will be put back into public office and also the inquiry should not be so much long. 6-Policy level decisions will be taken by engineering and financial experts such as engineers, scientists, economists with PhD degrees from reputable universities along with an experience of 10 years at least. 7-Bureaucracy and Ministry will be merged because there will be no need for separate offices as we will have the expert we want to in the form of mpa, mnas with PhD in engineering, science, management or finance from reputable universities with atleast 10 years of experience.
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test2 Apr 19, 2023 10:05pm
Is it really about constitution ? No Is it about elite class ? Yes Elite make policies for the elite class to benefit elite class so it is highly unlikely that any policy being good or bad will only be good for public if educated public has a say in it to determine their own future. I mean they want jobs, good education, health, governance, infrastructure, justice and security just like the elite class.
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Azaree Apr 20, 2023 01:23pm
"This is why when trust breaks down between citizens and institutions, it is virtually a no-state situation." When state is run by clowns who have no respect..no knowledge about rule of law..constitution...state becomes a no-state!
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Joe Apr 25, 2023 11:11am
@Azaree, From top to bottom...no one is taught...how to follow rules...how to respect constitution! Waderaism...corrupt ruling elite has hijacked the society!
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