Consensus is vital for democracy
Any morality-led reinterpretation of the supreme law will open doors for future misuse
The federal government seems to have escaped many a crisis in recent months. There is a pattern to this madness. The systemic fault lines of Pakistan’s political system manifest themselves time and again. Whether it is the long-standing civil-military distrust or the fissures within the political elites, this is not a new story. In recent years, the new power centre i.e., higher judiciary has entered the equation thereby creating a new dynamic in terms of power imbalances between various actors. This development has its roots in the events of 2007-2009 when the so-called lawyers movement mobilised urban middle classes and led to what some analysts have termed as the ‘law model’.
Faisal Siddiqui, an active member of the lawyers movement has cited this historic quote in his piece (January 1, 2012,The Dawn) by Justice Jawwad S. Khawaja: “The past three years in the history of Pakistan have been momentous and can be accorded the same historical significance as the events of 1947… and those of 1971 … It is in this backdrop that these petitions have been heard and decided.”
Furthermore, Siddiqui writes how the courts and growing ‘judico-politico’ power articulated the ‘law model’ — negotiating democratic transition through courts and the law — in direct opposition to the ‘force model’ conceived by Musharraf and his associates in the junta. The tensions resulted in the emergence of a ‘consent’ model typified by the NRO and how it allowed for a negotiated democratic transition.
Indeed, this is a new development in Pakistan. The understanding of this law model is rather limited and perhaps rudimentary given that this model is still evolving. Nevertheless, a few conceptual problems can be detected. First of all, it is a well-established principle that democratic development requires an elite consensus of sorts.
The very process of democratisation, as has been noted in various democratic countries entails negotiation, bargain and compromise. Therefore, the consent model is what has driven many countries towards democracy. Several Southeast Asian countries like Indonesia have implemented this model and proceeded with strengthening of civilian institutions.
Needless to say, the political elites and civil society play a major role in effecting this consensus. By signing the charter of democracy, most political parties in Pakistan did agree on a common framework. However, in actual terms the realisation of CoD has been stunted. Even though much of it has been implemented in terms of constitutional reform, the interplay between the parliament, judiciary and the military has been problematic to say the least. (more…)





(Also published by The News) Given the average shelf life of any civilian government, it is almost miraculous that the incumbent government has survived and there are signs that its removal is not immediate. The longevity of civilian order has less to do with the inherent strengths of its style of governance or delivery of public goods that it had promised in its manifesto. The survival of this government is an outcome of the lack of options for the establishment as well as its international allies, notably the Western powers. Leaving the conspiracy theories and the excessive over-reliance of the analysts on the American factor, we can safely argue that the military establishment of Pakistan and its intelligence agencies has found themselves in a unique situation since the assumption of the presidency by Asif Ali Zardari.












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