PAKISTAN’S democracy is an endangered species now, long hunted by uniformed elements. But it seems that now a deal has been struck to make it an extinct species, after which it may be buried at sea so that those who love it can’t find its remains and erect a tomb as that may spark its ‘reincarnation’ later.
Arguably, no civilian era has witnessed greater assaults on democracy than this one: delayed, then badly rigged polls; large-scale politicisation of key state entities; open disregard of Supreme Court verdicts; domination by the establishment; and now, a no-holds-barred assault on both the Constitution and the judiciary.
It is widely acknowledged that the primary entity behind this state of affairs is the deep state. However, as unabashed implementers, the PML-N and PPP are now widely criticised as perhaps the most culpable parties with dubious intent in our history. In fact, many observers would go so far as to argue that they aren’t so much political entities now as extensions of the security apparatus.
We have long seen the assault on democracy. Oddly, what we are now seeing is virtual suicide by democracy. Both the PML-N and PPP say they are swallowing all this as bitter pills to cure the nation of the PTI’s ills. However, the prescribed pills may contain ingredients injurious not only to democracy but to these parties as well. In the end, only Sherlock Holmes may then deduce if it was suicide or murder that eliminated democracy.
One must stand against any move to tame the judiciary.
The cure is undeniably worse than the ills. I was a strong critic of the PTI when it ruled at the centre. I am ready to critique it if it rules like it did again as well as the powers that be if they target the PML-N or PPP again. It is evident that the 2018-22 period damaged democracy more than 2008-18. It is even clearer that the current era’s damage far exceeds that inflicted under the PTI. But many anchors still talk more of the out-of-power PTI’s ills than the bigger ones of the incumbents.
The PML-N acts servile fearing that higher powers may dump it for the PPP. The latter does so hoping they do. It’s a race to the bottom among them and some judicial elements. At this point, it is hard to see who is ahead. But no one wins a race to the bottom: everyone loses. Nature has its own way of nixing plots. It would be sweet justice if no unjust elements get unjust extensions.
But even this may be small sanction for moves against democracy. To keep a rigged regime from falling fairly under a new judicial command, the PPP and PML-N, which gave us some sterling laws such as the 1973 Constitution and the 18th Constitutional Amendment, are now, ironically, willing to maim their own creation. This goes beyond violating one clause as they did in delaying the polls. The no-trust vote against the PTI was also carried out for petty gains against public gains.
However, few appear to be actively opposing these anti-democratic moves. In fact, it would seem that certain sections of the media and the legal community, who have fought past assaults, are also toeing the line of those responsible for the current assault on democracy. Many in civil society are muted, seeing it as intra-elite wars. But it is possible that once they succeed in nixing the PTI, they will use their enhanced control to nix progressive periphery causes as well. One must proactively resist any attempt to subdue the judiciary, even if it is not championing many progressive causes at present.
A lawyer’s movement is not yet here. But will we see a movement in the judiciary that triggers it, as in 2007? Supreme Court judges had blocked Gen Pervez Musharraf’s illegal emergency, leading to their house arrest and dismissal, only to be reinstated later. If we reach a point where judges feel that they have no choice but to write joint letters, recuse themselves from benches made under controversial new procedures, etc, the blame for all of this will fall on the establishment and the political rulers of the day.
Legitimacy is the glue that binds states and ensures progress. It was never allowed to grow much here and is being further eroded now. Such state-led lawlessness can only undermine state foundations and have a severe impact on security and the rule of law via increased terrorism, crime, extremism and external threats. But do our rulers understand this truth? For decades, our ability to become a normal, progressive nation has been stifled. Can a hapless victim gasping desperately break the state’s chokehold?
The writer is a political economist with a PhD from the University of California, Berkeley.
Published in Dawn, October 1st, 2024
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