Adherence to constitutional obligations

When there is a need for well thought-out selective strategies to steer the country from the deep comprehensive crisis that it is facing, our leaders are delving in the worst form of infighting endangering the lives of millions. How else can one attribute this state of affairs to anything other than the moral bankruptcy of the power elite. Whereas one expected that in these troubling times, the PML-N-led government would have been unambiguous about declaring the election dates in full conformity with the dictates of the Constitution, as any deviation raises doubts and intentions of the government giving away its insecurities that it does not enjoy the support of the people that would enable it to stay in power.

With politicians in disarray, one had thought the judiciary would stabilise the situation. On the contrary, the angst and discord that have come out in the open clearly confirm the politicisation of judiciary casting a shadow on their neutrality as final arbiters of national disputes and differences. Will the incoming Chief Justice succeed in bringing functional harmony and greater focus on clearing the backlog of cases to fully restore the prestige and dignity that the institution deserves. Justice Qazi Faez Isa has the making but the task would not be easy. If judiciary turns around it could act as a model and trigger for the other national institutions toward reforms and confirming to the dictates of the Constitution.

The economic bankruptcy and frequent reliance on IMF and friendly countries has compromised our sovereignty and national pride which the people otherwise richly deserve. With these weaknesses Pakistan is fast losing its ability for autonomous decision-making. Simple commonsense dictates that the political leadership should realise the gravity of the present challenge, address national issues in the parliament and steer the country toward stability and progress. Merely voicing criticism and showing disdain bordering on enmity for the opponents is going to make matters worse.

Regrettably, Imran Khan’s decision to stay away from the parliament and not play the role of a normal opposition has only encouraged anarchic forces to gain space and facilitated the government to push his just demand for national and provincial elections in the stipulated timeframe in the background. The army leadership’s tacit support for the PML-N government may have been motivated by short-term gains but have wider negative ramifications.

A former judge of the Supreme Court of India, Justice Mcandy, recently remarked that it is surprising why these lengthy arguments and different interpretations are being given by the attorney general and the lawyers when there is no ambiguity in the Constitution of Pakistan. It clearly states that elections must be held within three months from the day the National Assembly is dissolved. Clearly, our judicial crisis has become a matter of ridicule by the international community and there is hardly any sensitivity in the power hierarchy towards how the world is looking at us. So, all hopes are now pinned on the CJP and his three-member court that it will direct the government to hold elections within three months as stipulated in the Constitution. A serious constitutional crisis would emerge if the government defies the ruling.

The crux of the present crisis is clear for everyone to see. The PML-N knowing it has no chance of winning the national and provincial elections is finding one pretext or the other to delay these and prolong its unjustified hold on power. Punjab, which traditionally has been the bastion of its political strength, is no more with it and any delay would not change its fortunes. In KP, Northern Areas and Balochistan, PTI and other parties were in power. The more damaging aspect of the current policy is that the government is no position to extricate the country from its economic and political crisis. And the irony is that it was Nawaz Sharif who made the remark ‘give respect to vote’ and now the governing PML-N under his direct guidance and with support of the establishment defies this fundamental concept of democracy so blatantly. This reflects how shallow are our values and how sad that commitments made by leaders cannot be relied upon.

Our internal factionalism has taken the focus away from serious external threats. The leaders are overlooking the fundamental challenge posed by India’s obstinacy in refusing to engage at any level. Considering India’s belligerence even if dialogue on Kashmir were to resume and a final settlement takes place, there may not be significant change of borders apart from minor adjustments. Presently, the most worrisome aspect is India’s treatment of the Muslims in Kashmir which is taking a heavy toll on them. With the exception of certain human rights organisations, the Western countries including the US have looked the other way instead of raising their serious concern.

The present political turmoil and economic downturn has consequences for the country’s security as well. The incidents of attack by TTP and other hostile groups in 2022 had slightly decreased as compared to the previous year, but these could increase taking advantage of the government’s indifference in matters pertaining to defence and development of Balochistan and KP.

Clearly, the current policies of the government will be unable to rescue the country from its internal and external predicaments. But is the government prepared to retreat and willing to adopt a new direction and strategy that envisages early elections, thereby maintaining the sanctity of the Constitution? There are no signs of it at least as of now. What our leaders should realise is that elections may not solve the national problems but they have a significance. Apart from being a constitutional obligation, it will allow discontent to manifest itself in change of power and inject some hope among the masses who are crushed by the galloping inflation, widespread unemployment and rising incidents of crime and lawlessness. Moreover, for a country which has strayed away frequently has special significance that it would keep it on the democratic path.

Published in The Express Tribune, April 5^th, 2023.

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