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Constitutionalism and democracy | By Sobia Khursheed

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Constitutionalism and democracy

THE relationship between democracy and the constitutional crisis in Pakistan is complex. The crisis, if left unresolved, could cause significant damage to the foundations of the democratic system. Weak or compromised democratic institutions may fail to maintain the rule of law and ensure citizens’ rights, leading to a breakdown of trust between the government and the people, and posing a risk of undermining democratic institutions.

The current constitutional turmoil can be attributed to the failure of the political elite to reach a consensus on the procedures for a political transition to the succeeding government. The issue of a peaceful transfer of power and the incapacity of any government to acknowledge the prospect of relinquishing power, has been a longstanding dilemma in the realm of politics. In Pakistan, this predicament has been encountered by both military dictatorships and civilian administrations. Also, lack of transparency, accountability, breakdown of the rule of law, institutional governance and erosion of public trust in government have worsened the crisis.

Moreover, the clash between various state institutions, such as the judiciary and the election commission, which have been embroiled in controversies and accused of political bias, has further deepened the crisis and created an atmosphere of uncertainty and instability. This has led to a loss of confidence in the judiciary and weakened the rule of law in the country. The rising political polarization has escalated to unprecedented levels, with parties resorting to name-calling and mudslinging instead of engaging in constructive dialogue. The judiciary’s perceived bias and affiliation with political parties have also led to concerns about the impartiality of the legal system.

The breakdown of communication and cooperation between the legislature, executive and judiciary is adding fuel to the fire. This lack of collaboration has resulted in a situation where each branch of government is acting on its own, without considering the implications of its actions on others. The result is a sense of chaos and dysfunction, where the rule of law is at risk and democracy is in peril. The judiciary’s decision to conduct provincial assembly elections and the reluctance from the Election Commission and the government is raising suspicion.

The ongoing constitutional crisis in Pakistan is a cause of concern for all those who care about the stability and future of the country’s democratic system. To resolve the crisis, there needs to be a concerted effort by the government and the opposition parties to engage in a constructive dialogue and find a way to resolve their differences through peaceful means. This requires a commitment to democratic principles, the strengthening of democratic institutions and a focus on economic development. If these steps are taken, Pakistan can emerge as a stable and prosperous democracy that serves the interests of all its citizens.

There is a need to recognize the fact that the resolution of the current constitutional crisis requires a long-term vision and commitment to democratic principles. This can be achieved by promoting a culture of tolerance and inclusiveness and ensuring that all citizens have a voice in the country’s political process. It is also imperative for all stakeholders to prioritize national interests over personal gains and find a peaceful and constitutional solution to the current political crisis to protect the democratic system in Pakistan.

Time is crucial when it comes to resolving a crisis; delayed action can create a void that invites other forces. If not resolved, this crisis can result in catastrophic consequences for the country, democratic institutions and individuals. Lastly, the critical question that whether free and fair elections will be held within the constitutionally prescribed timeframe or not will determine the future of democracy in Pakistan.

—The writer is Assistant Director-NUST Institute of Policy Studies (NIPS) and a former visiting lecturer of the National Defence University Islamabad.

 

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