A democratic betrayal?

Transparency in public affairs and a clear operational separation of powers among institutions are prerequisites for fostering a society that evolves along democratic and egalitarian lines. Countries that embrace transparency alongside democratic values reap invaluable rewards. However, those shrouded in obscurity ultimately transform into dystopian, Orwellian states masquerading as democracies. Pakistan, with its complex history and characters infested with god-complex, exhibits classic traits of Orwellian democracy. For much of its history, repeated narratives of false democratic hope, sentimental exploitation and the propagation of fallacies cloaked in patriotism have nurtured the roots of authoritarianism under the crown of democracy. However, as the structural and foundational realities of the system under democracy begin to be unveiled, efforts are being redirected from strengthening autocratic control to re-concealing and solidifying the democratic veneer in the country through legal and constitutional manipulation.

The latest judicial order regarding the defection clause exemplifies this trend. It represents another desperate attempt to obscure the exposed reality of despotism and its architects and beneficiaries. A controversially constituted bench led by the outgoing Chief Justice has swiftly struck down a defection clause from a 2022 ruling under 63(A) which had made defection - and thus horse-trading - illegal. The revocation of this clause enables the incumbent government to further erode the Constitution in the name of a judicial reforms package, also featuring a constitutional court - something unequivocally rejected by most jurists, the legal fraternity, academia and the public. After failing to secure the necessary support for a widely criticised 26th amendment, and following weeks of speculation, political maneuvering and judicial dealings, the ruling coalition, along with its judicial and unelected backers, has finally cleared the constitutional bottleneck to undermine the Constitution, civil liberty and judicial independence in the name of a judicial reforms package.

The urgency and secrecy surrounding the proposal cast a shadow on the intentions and legitimacy of the package. The obscure provisions are particularly concerning. With the package approved, the cabinet is poised to rush its passage early next week. The verdict that legalises political defection is bound to open a vicious cycle of democratic betrayal and autocratisation in the country. In other words, the defection verdict lays the groundwork for shifting and validating the axis of power to the traditional power brokers altogether, which would have serious consequences.

First, the short order legalises money and brute force for horse trading, further eroding ideological politics and stifling the public's right to choose. Second, the ongoing bickering and scrambling within the ruling coalition suggest that the proposed 26th amendment is imminent. The suggested changes - let alone the concealed ones - are set to increase the concentration of power and public resources in institutions with a proven history of animosity toward democratic rights and public good. Third, encouraged by the defection verdict, the proposed judicial changes would strengthen the already deep-seated political, social and commercial interests of the hidden forces. This would facilitate internally orchestrated changes in political guards and undermine the space for factions that uphold genuine democratic values.

Fourth, it would discredit whatever independence the judiciary currently enjoys. Fifth, it would severely suppress the already stifling civil liberties. For instance, an assault on Chapter Two of the Constitution, under the guise of this package, would place public lives and civil rights at the mercy of a long-promoted national security narrative. Last but not least, the judicial package would entrench dynastic despotism and exacerbate the already precarious state of political instability and polarisation. If implemented, the architects, abettors and beneficiaries of the proposed amendment would risk becoming the reincarnations of some of the most notorious figures in the dustbin of history.