POLITICAL legitimacy and order are the distinguishing features of modern democracy. Legitimacy provides legal and moral foundations, and order lends stability and continuity. A democratic government derives legitimacy from the fair and free elections held within the larger constitutional framework; and it enforces order enjoying the state’s monopoly over the lawful use of force. Thus, a government earns legitimacy only when it is genuinely elected, and acts within the given constitutional bounds.

But unfortunately, here the legitimacy of almost every government is questioned by political opponents and independent observers due to the weak and compromised administrative and legal structures that allow gross irregularities in electoral processes. No wonder, our political history has been a gory saga of Byzantine conspiracies, toppling governments, conflicts and instability.

The current spate of political confrontation between the government and the PTI-led opposition is also rooted both in the ‘rigged’ elections and the increasingly twisted legal system that is underpinning the engineered order. Which raises many critical questions: can a government ensure stability and rule of law when its very legitimacy and provenance remain questionable? Can a state that is economically fragile, socially fractured, and structurally challenged, deliver its ‘social contract’ under a rigged politico-legal system? And how must the people secure their rights and freedoms against a tainted polity that strictly regulates all the peaceful means of protest? Such questions have been asked by every generation over the last seven decades. But the answers continue to elude us. But the failure to find the right answer — establishing a just and legitimate political order — has cost us half the country, many missed economic opportunities, social harmony, and the rule of law.

The existing constitutional order has created a super government.

Democracy has been repeatedly undermined by a combination of opportunistic state and political elites to serve personal, political and institutional interests. Our elites have continued to ignore our own and global history that teaches us that democracy is indispensable for a state that is complex, variegated, and multilayered. And it is preferred over the other forms of government because of its unique capacity to resolve the modern state’s two most intractable problems. It ensures peaceful and legitimate transition of power; and it keeps the government and other institutions within the assigned constitutional orbits.

Our democratic failures are also marked by the three constants: the dubious mode of elections; the contested legitimacy of governments; and the political influence of the security establishment. No wonder, our political system has been perennially afflicted with a crisis of legitimacy and the resulting instabilities. In fact, in many cases, it’s the will of the powers that be, and not of the people, which determines the continuance or fall of the government.

The continuing game of thrones has, however, never allowed democratic institutions to take root. In fact, our political and constitutional trajectory can be projected as ‘one step forward, two step back’. We have seen many ‘transformational’ political and constitutional movements, but political opportunism and subjective weaknesses of leadership — political and judicial — have always come in the way of maturing democracy beyond reversal. No wonder, the recent deluge of legislation — including the controversial 26th Constitutional Amendment — has washed away most of the constitutional achievements made in the wake of the 18th Amendment. The existing constitutional order has created a super government. It enjoys the discretion to appoint judges, appraise their performance, and constitute the benches to hear important constitutional matters. In effect, the new architecture of the judiciary has been designed so as to curtail the power of judicial review even in respect of the laws that defy ‘basic structure’ of the Constitution.

Sadly, revival of a constitutional democracy seems remote. In fact, the country has rarely seen such a broad-based alignment of forces in favour of the current dispensation. The ruling alliance has won over a phalanx of other forces — the powerful sections of bars, a segment of the higher judiciary, and the security establishment. But then, can this powerful but ‘rigged’ system meet the mounting challenges confronting the state? And can the twisted laws, compliant courts, and coercive apparatus earn political legitimacy and stability for the government, if not for the state that is faced with a myriad of internal and external threats? Already, three key economic and strategic partners — the EU, Britain and the US — have shown concern over the convictions of PTI workers by military courts. Richard Grenell, who is president-elect Donald Trump’s designated envoy for special missions, has gone even further, demanding the release of Imran Khan.

The coming weeks and months could be crucial for the current political setup. The ongoing talks between the government and PTI have brought down the political temperature. And a close aide of the prime minister has even suggested a summit between the heads of the three major parties — PML-N, PPP and PTI — to break the stalemate and initiate reconciliation. PTI has also softened its stance a bit. Perhaps it has seen the limits of aggressive politics. Moreover, the increasing problems of its leader in the post-26th Amendment legal order may also have tempered the mood in the party.

But still, it is premature to expect the return of democracy or strengthening of civilian structures beyond the intrusion of non-democratic forces. The political classes, particularly the beneficiaries of the existing order, will not go the whole hog. They would rather hedge their bets with the powers that be. Moreover, the government doesn’t seem to be in a hurry to patch up with the opposition, though the dialogue is on to keep the PTI away from the streets. The government is smug with its economic performance. It believes it has crossed the economic bridge by shoring up reserves, reducing inflation, and enhancing revenues. But can the debt-driven macroeconomic stability attain sustainability in absence of impressive economic growth? And can the economy grow without stability and protection of long-term investments?

Only a legitimate democratic government can bring stability, growth and confidence among investors. And only democratic institutions — legislature, judiciary, and a truly elected government — can heal the long-festering wounds that are bleeding the state and society, particularly in KP and Balochistan, where innocent people are in the crosshairs of state and non-state forces.

The writer is a lawyer and an academic.

shahabusto@hotmail.com

Published in Dawn, January 4th, 2025