Subverting justice

The 26th Amendment threatens Pakistan's judiciary and democracy, risking authoritarian rule and eroding public trust.

All the rights secured under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous judiciary.—Andrew Jackson

I can bet anything on my conviction that the pendency of cases or judicial reforms has nothing to do with the concept of creating a Federal Constitutional Court in Pakistan. Like Bertrand Russell once said: "The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd." Or, as a line from an Urdu sher aptly summarises the motive: Andaz-e bayan aur hai, maqsood-e bayan aur.

Pakistan's democratic institutions are facing an unprecedented challenge. The proposed 26th Constitutional Amendment, so surreptitiously crafted, was actually aimed at clipping the powers of the Supreme Court, undermining the country's judicial framework. Luckily, the government failed in its attempt to muster the required support in both the National Assembly and the Senate when Maulana Fazlur Rehman backed off from becoming part of a devious exercise.

At the heart of this controversy lies the government's desire to retain the retiring Chief Justice, who in their estimation, is sympathetic to their interests. By doing so, they seek to block the natural succession of the next Chief Justice, who is seen as a threat to the government for deciding all constitutional tussles by applying his independent mind judicially as well as judiciously.

Therefore, the government has concocted a novel idea to achieve this by simply establishing a Constitutional Court, headed by the current Chief Justice who is otherwise due to retire next month. Even his first selection would be at the sole discretion of Prime Minister Shehbaz Sharif. This move would effectively reduce the existing Supreme Court to a lower court, stripping it of its constitutional powers. Many believe that financial corruption is a much lesser evil than judicial disruption. A poor country like Pakistan cannot afford to create a needless institution under the pretext of dealing with the piled-up cases of the poor litigants while the real motive is to serve their own political agenda.

The constitution is the backbone of a nation, yet this proverbial wisdom rings hollow in Pakistan's current context. The proposed amendment would alter the constitution, rendering it a tool for the establishment to wield absolute power. Ronald Reagan was right in postulating that "absolute power was not meant for mankind."

The consequences of this amendment would be catastrophic. Pakistan's already dwindling democracy would succumb to authoritarianism, with the government wielding unchecked power.

The implications are chilling and far-reaching. This power grab would grant the government unfettered discretion to pass draconian laws, muzzle dissenting voices and practise selective justice, favouring those in power. Public trust in institutions would erode, and the nation's democratic foundations would be uprooted.

This power grab would not only undermine Pakistan's judiciary but also jeopardise its democratic foundations. The very fabric of the nation would be torn apart.

It is crucial for Pakistanis to recognise the gravity of this threat and unite against this assault on democracy. As Nelson Mandela said, "The greatest glory in living lies not in never falling, but in rising every time we fall." Pakistan must rise to defend its democratic ideals.

It certainly brings to light that the proposed 26th Constitutional Amendment is a perfect recipe for disaster. Pakistan must choose between succumbing to authoritarianism or safeguarding its symbolic democracy for the time being. A verse by Faiz is better than a thousand words:

Ham saada hee aisay thay ki yon hi paziraee

Her baar khizan aee samjhay kay bahar aaye