THIS is with reference to the report ‘Constitutional court dominates political discourse’ (Sept 20). Many among those in favour of establishing a constitutional court have been arguing that the Charter of Democracy (CoD), signed several years ago by the leaders of all political parties, including the Pakistan People’s Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N), promised to do so.

It is conveniently ignored that the main thrust of the CoD was not the formation of a constitutional court, but to allow democracy to flourish, enable democratic forces to take deep roots, end military intervention, ensure free and fair elections, uphold judicial independence, and above all, guarantee the supremacy of the Constitution.

Finally, the signatory parties had agreed to respect each other’s political mandate, avoid political victimisation, and work together for the country’s democratic and economic development.

However, all sections of CoD have been trampled, disregarded, overlooked and set aside, while only the part calling for the establishment of a federal constitutional court has been selectively picked up and is being used as one of the most powerful arguments in favour of proposed constit-utional amendments.

As such, the CoD could have played a significant role in shaping Pakistan’s political landscape if it had been applied in a holistic manner.

In its proper application, CoD could have played a crucial role in curbing military interference in politics, reinfo-rcing judicial independence as well as encouraging reforms and accountability mechanisms to promote good governance and transparency.

However, the selective emphasis on CoD’s call for a constitutional court is likely to undermine the judicial indep-endence, contrary to the CoD’s broader objectives.

Besides, such a selective approach has also reinforced political vendettas, marginalised parliamentary supremacy, and failed to establish truly independent accountability mechanisms, ultimately undermining the CoD’s basic vision of democratic stability, fair governance and civilian, constitutional supremacy.

Qamar Bashir
Islamabad

Published in Dawn, October 3rd, 2024