Political heat is evident in the corridors of power. The government and the opposition are in a verbal duel over the nomination of anti-graft watchdog’s next chief. Prime Minister Imran Khan, after chairing a high-powered meeting, has apparently decided to extend the tenure of the sitting NAB chief, and at the same time promulgate an ordinance in an attempt to avoid consulting the leader of the opposition, which is mandatory by law. Nonetheless, the ruling hierarchy seems to be divided over this critical issue. A section of opinion, which has managed to prevail over the decision-making, has advised the PM to avoid consulting with the opposition leader, as he is an accused and facing cases of alleged corruption before NAB. The doves believe that the chief executive should go by the book, and hope that the desired consultation will be forthcoming. But one thing is for sure: the government has unnecessarily opted for a bumpy road by undermining the spirit and requirement of the Constitution. It is inadvertently making the highest prosecution body and its head controversial by bypassing the law in vogue.
The point is: why is the government shying behind exigencies, and what prevents it from having a word with the opposition leader? The answer lies in brinkmanship. It seems the homework to come up with probable candidates wasn’t done in time, or the government had pre-decided to continue with the sitting incumbent. By readying a draft for ordinance, the government is taking refuge behind the Supreme Court observation wherein it was explicitly stated that the office of the NAB chief should not be left vacant. Thus, a presidential decree is in the wings to continue with the present NAB chief until his successor is decided upon. It is learnt the government is also tweaking with the bylaws to offset lacunas that were vehemently contested.
This bizarre exercise to bypass a mandatory provision of the Constitution is uncalled for. We have been here. Legislating through ordinances is an antithesis of parliamentary supremacy. The country’s immature governance culture demands cohesion and unanimity, especially when it pertains to constitutional duties. Only then can political harmony lead to socio-economic stability.
Published in The Express Tribune, October 7th, 2021.
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