Lingering concerns

Published September 19, 2024

DAYS later, the possible repercussions of what could have been had the government’s planned amendments to the Constitution been bulldozed through parliament are still being discussed.

One thing seems clear: the government must have anticipated how strong the blowback would be if the details of its legislative coup were to leak beforehand. Senior political leaders have spoken about the lengths to which it went to cover its tracks, to the extent that it told different stakeholders different things about its plans. It appears that it had good reason to be nervous.

Ever since the reported draft amendments have emerged, lawyers, politicians, academics and analysts from across the political divide have united in expressing their disappointment and disgust. Many are still trying to come to terms with the audacity with which the proposals were put to paper. The intent behind them seems so naked in its ambition that no amount of window-dressing could have ever made them palatable.

Meanwhile, after their humbling at the hands of Maulana Fazlur Rehman, the government, its allies and their shills are no longer as gloating and aggressive as they seemed over the weekend. Having attempted and failed to make drastic changes to the Constitution to favour a handful of individuals, they are now lecturing all and sundry that their ‘constitutional package’ was, in fact, solely for the public’s benefit.

After refusing to show anyone — even their own allies and ministers — a draft of the amendments they were planning, they are now waxing lyrical about the need for parliamentary debate and scrutiny of all important legislation. However, the damage may have already been done. The legal community, for instance, now suddenly seems to be highly agitated. The strong words in which many of its most respected members have condemned the government’s move should be taken with the seriousness they deserve.

It is unclear for now whether the government will make another attempt to tweak the Constitution. Embarrassed after failing to muster the numbers during the high-stakes drama that played out all weekend, it will need time to regroup. It has also shown its hand and lost the element of surprise. This alone may force it to abandon the strategy altogether, especially after the strong pushback it has received from the legal community. Whatever the case may be, it would be well advised not to make another attempt in the manner it did last time.

There is a reason why the Constitution is a protected document that requires two-thirds of parliament’s strength to acquiesce to any changes. Attempting to override this protocol by hiding legislative proposals and coercing other lawmakers to vote for them not only hurts our democracy but also signals that those making the changes may not be acting in good faith.

Published in Dawn, September 19th, 2024

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