KARACHI:
A visibly irritated PM addressed the nation and chose to criticise the ECP, following the defeat of his candidate Hafeez Sheikh who lost to Yousaf Raza Gillani for a Senate seat in Islamabad. The PM needs to realise that his position is itself a product of the constitution, because he enjoys the confidence of the majority of National Assembly members, elected in elections conducted by the ECP. He is therefore expected to be more discreet. Pakistan is a constitutional democracy, not a monarchy.
In 2019, the Senate Chairman managed to get a vote of confidence, although the combined opposition had 66 votes while the government and its allies that supported Sanjrani had 36 votes. The PM declared this as a vote of conscience. If the PM has any complaints against the ECP, the forum is the election tribunal and the judiciary. Such outbursts in democratic countries are usually resorted to by the opposition.
Pakistan, a country created through a democratic struggle, led by the Quaid-e-Azam, has ironically witnessed non-democratic rule for far too long a period. We suffered even the debacle and humiliation of surrender and disintegration in 1971 when the junta refused to accept the verdict of the majority following the 1970 general elections.
Parliament alone has the power to legislate by a simple majority or amend the constitution by two-thirds. The judiciary has the powers to interpret the constitution, pass judgments, but has no powers to either legislate or amend laws. Unfortunately, we have a chequered history where dictators who usurped power through brute force have been illegally given the power to amend the constitution, citing the archaic Law of Necessity.
Malik Tariq Ali
Lahore
Published in The Express Tribune, March 7th, 2021.
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