Posts Tagged parliamentary

The short and interim order has disappointed many quarters that had been lobbying for a grand showdown between the judiciary and the parliament. Institutional conflicts could engineer systemic breakdowns. However, the apex court has avoided the route of appeasing its core constituency — the activist lawyers and bars — which for some odd reasons have been arguing for a governance paradigm that locates judicial dominance at its centre. Pakistan’s quest for parliamentary democracy has sought representative rule and no unelected institution, howsoever effective or popular, can appropriate that space. The interim order on the petitions challenging the 18th Amendment to the Constitution has tacitly acknowledged this reality.

The bone of contention in this saga has been the insertion of Article 175-A which revised the mode of appointments in the superior courts by introducing two broad based fora — a Judicial Commission and a Parliamentary Committee — to make the process of appointing judges inclusive, less discretionary and transparent. Several other new clauses were also challenged but Article 175-A was the subject of much debate and discussion as a few purists from the lawyers’ movement deemed it to be against the Independence of the judiciary as enshrined in the Constitution.

The decision also comes in the wake of an ongoing crisis comprising judiciary-executive collision on a number of issues. In the past two years, for right or wrong reasons, almost every executive decision of import has been challenged in the courts, thereby creating a duality of evil versus the good in terms of decision-making. Let it be clear that this is not the reality perhaps. It is a perception carefully crafted by the media and sections of the opposition who have strategized to use legality and judicial activism as mechanisms to settle scores with the ruling party and by extension the coalition. The court has, by and large, acted with judicial propriety and has avoided the brinkmanship suggested in TV talk shows and belligerent political statements. (more…)

My op-ed published in the NEWS yesterday

The debate on the scrapping of Musharraf’s devolution experiment cannot hide or ignore two key imperatives. First, that all military dictators have a penchant for local democracy at the expense of provincial autonomy and the country’s parliamentary structure. Second, never has Pakistan been so vulnerable to state’s fragmentation and erosion of trust in public institutions. This is why the elected government, with bipartisan consensus, has proceeded to restructure the 2002 Local Government Ordinances.

But, the debate remains obsessed with the district management group (DMG), a cadre that is a much weaker and tainted inheritor of administrative structures instituted by the Mughal and British empires. Therefore, the proposed restoration of executive magistracy has been termed yet another big conspiracy by the supposedly powerful DMG, which allegedly has influenced the political elites to revive the colonial institution of the district magistrate. The simple question is if the DMG were so powerful, it would have saved its field structure and magistracy nearly a decade ago. (more…)