An assault on the constitution

What a farce is being made of our democracy! Amending the constitution is a serious business. But, last Sunday when the bill was ready to be voted upon, no one knew what was in it.

Some speculated that this is part of some grand strategy to keep the opposition in the dark. It soon emerged that this was giving too much credit to the government. Even its ministers – including the law minister, who was supposed to be the bills mover – knew little about its content. Puppets on a string have no awareness of their moves.

While a deaf and dumb house was required to pass the constitutional amendments, some other wonderful measures were also put in place to ensure the desired outcome. In this great democracy of ours, six voting members belonging to the PTI were allegedly kidnapped and lodged in Punjab House. This great feat was done to make up the numbers that the government obviously did not have.

Talking of numbers, this was Maulana Fazlur Rehman’s day in the sun. Everyone was seen making a beeline to his house and he loved every minute of it. Much must have been offered to him and in normal circumstances he would be ready to cut a deal. But he was being difficult, very difficult. So much that it was because of him that this ridiculous exercise came to a halt.

Most people are missing out the real reason why the Maulana did not give in. They all think it is because the right offer has not been made. Not true. Anything and everything has been offered. In normal circumstances, he would gladly take it. But, he is in a bind because of political compulsions.

Maulana’s political support is largely in Balochistan and Khyber Pakhtunkhwa. While in KP it has massively shrunk, his seminaries and madrassas in the province are still his main political base. Having an ear to the ground, the Maulana realizes how unpopular this government is in Balochistan and KP. It is this deep alienation among the people that is tying his hands.

As things are, he can get whatever he wants. But he knows that if it is seen to be a sell-out by his base, it will destroy his politics. This is making it difficult for him to play the usual game of upping the ante and getting the best price.

Incidentally, this is also why he wants to take the PTI along. In the given circumstances it is only the acceptance of any constitutional change by the PTI that can make

it kosher. That for the moment seems unlikely.

Politics also is in command as far as Sardar Akhtar Mengal is concerned. Seasoned in the crucible of resistance politics in Balochistan, he realizes that all the tribal chiefs including him have been left behind. A new middle-class leadership has emerged riding on the deep sense of alienation in the province.

His resignation from the National Assembly is a move to salvage some political leverage for himself. The government is mistaken if it thinks that Sardar Mengal will vote for the amendments as they are. If he does so, his politics too will be destroyed forever.

To sum up, unless a large number of PTI MNAs and senators are coerced to vote for the government, this constitutional amendment is dead in the sand. But this will not deter the government and its backers. They will continue to push, come what may, till their objective is achieved. And this objective is quite simply to deny any political space to Imran Khan and the PTI.

I am not a spokesman of the party; in fact I am not even in the party anymore. Yet it is painful to see the concerted attempt to subvert the constitution and tame every institution to keep the PTI founder behind bars and deny the party its rightful place in the political landscape.

In the process, each institution that could either facilitate this project or impede it is being damaged. Obvious examples are the judiciary, parliament and the Election Commission. Each one of these premier institutions of the state has been interfered with. Some have succumbed and others have stood firm. Those are the ones now in the crosshairs.

The judiciary is being punished for standing up for civil liberties and enforcing rule of law. And giving relief to the PTI. This is an unacceptable sin. The constitution amendment bill therefore has only one purpose: tame the judiciary. In the process, the government also wants its favourite judges to get an extension.

The Supreme Court is literally being throttled and belittled. The Constitutional Court mischief is a super imposition on its ashes. In the bill, the Supreme Court has been turned into a court of appeals – and that too confined strictly to criminal and civil matters. Every other power, from judicial review to constitutional interpretation to upholding civil liberties, has been snatched away.

It is no surprise then that powers taken away from the Supreme Court have been invested in the new Constitutional Court. It is probably correct to say that people who are likely to be direct beneficiaries of the new court’s creation have been told to map its territory. And they, like a child given a free run of the candy shop, have stuffed the proposed court with all powers imaginable.

The appointment of judges to this supra judicial body has also been left to the discretion of the prime minister and the president. Gone are the deliberations of the judicial commission or parliamentary oversight. The proposed apex and highest court in the land will be handpicked by the executive. I am truly awestruck at the gumption of those who are involved in the planning of this supra court.

The other institution whose reputation has been completely destroyed during the ‘get PTI project’ is the Election Commission of Pakistan. I have seen some reports that an extension in term to the chief election commissioner and ECP members is also part of the bill. In other words, there are promises of reward for services rendered.

The ECP is an institution that can only thrive if it has the trust of the people. It is involved in the most delicate of exercises; ascertaining the will of the people fairly and correctly and thus contributing towards peaceful transfer of power.

Unfortunately, the reputation of this institution has been completely destroyed in the process of cutting the PTI to size. It has been made to act in a thoroughly partisan manner and do everything possible to thwart the people’s verdict. The ECP could have chosen to stand up for itself if it had the courage to do so – as did the judges of the Islamabad High Court. But no. It succumbed and will be remembered as the worst election institution in our history. Sad.

It took a long time for democracy to find root in our blessed land. The military kept intervening, curbing constitutionalism and civil liberties. It was a hard-fought battle to reverse this and at least on paper ensure democratic freedoms. There is deep fear now that even this fake paradise will be lost.

The writer served as the federal minister of education in the PTI’s federal government. He can be reached at: shafqatmd@gmail.com