The state’s three pillars, the Executive, the Legislature and the Judiciary, have been exposed by the current crisis, which started with the fall of the PTI government a year ago, as not doing their job, while its members still enjoy the perks and privileges associated with so doing. Perhaps the most glaring example is of the Legislature, where almost half the membership, belonging to the largest party in the House, not only absent themselves on the plea they have resigned, and thus take no part in the making of laws, but also prevent by-elections being held as they clamour to return. These ‘resigned’ members were anxious to continue drawing their salaries, and enjoy the free accommodation of the Parliament Lodges without carrying out their duties. With the Legislature not legislating, has the Judiciary done its job better?. It is supposed to decide interpretations of the Constitution and law, but now it seems that the Supreme Court does not know what exactly it is that it has decided. With Mr Justice Athat Minallah now weighing in, it seems that the original decision, of which the appeal was supposed to have been decided in favour of a May 14 election to the Punjab Assembly, may not have been made. The Supreme Court seems unable to function, but there is no abatement of the judges’ salaries or other benefits.
The Executive may seem to be functioning normally, but its having to hold a National Security Committee meeting before issuing orders for an operation against terrorism showed that one of its portions, the armed forces, has a veto over decisions by the supposed head of the Executive. That is a huge distortion, and it could be argued that this is at the root of the present clamour. It does mean the Executive is not operating smoothly. The Fourth Estate, originally the print media but now including the electronic, cannot take the responsibility of getting the system to work, not that it is free from pressures of its own, mainly in the form of the original three throwing their weights around.
The problem seems to be that everyone is operating beyond what the Constitution contemplates. Everyone is trying to follow the strict letter of the Constitution, and not abide in any way by its spirit. There are no constitutional conventions developed, which would smoothen the course of operationalizing the Constitution’s provisions. Rather than seeking the fulfilment of their aims, all stakeholders must go by the book, if they want things to work.
