Pakistan is facing multiple crises

All come from disobeying the Constitution

Pakistan is facing multiple crises to a non-democratic and un-Islamic range of issues which were bulldozed to face the country and arrested in the plight of the Constitution. These include political instability, economic crises, security challenges, grave human rights violations and Constitutional breakdown or failure of Superior Judiciary. These days or much earlier days, since the change of regime, unconstitutional activities are in full swing to degrade Pakistan in the eyes of other nations and cause humiliation of its own citizens.

That Pakistan’s superior judiciary has been weakened or rendered helpless is a concern that reflects the constitutional breakdown and twist of power in the role of institutions in the country.  Historically, the judiciary in Pakistan has faced direct and indirect interference from the executive and military establishments. This undermines its independence and erodes public confidence.

Judges have sometimes been accused of being influenced by political and establishment actors, affecting their ability to function impartially.

Tensions between different branches of government judiciary, executive, and legislature have often led to confrontations, making the judiciary appear vulnerable after 26 amendments. Recent clashes over judicial decisions, constitutional interpretation, and the authority of courts have added to the strain despite the change of Chief Justice of Pakistan. The new CJP is completely silent or not realizing the worst and poor condition of the country and its innocent public.

The real position, that Pakistan’s Prime Minister and Parliament are overpowered by the establishment, is a critical issue in the country’s political landscape. This dynamic has deep roots in Pakistan’s history and significantly influences governance, democracy, and institutional stability.

Since its inception, Pakistan has experienced periods of direct military rule (1958–1971, 1977–1988, 1999–2008) and indirect influence over civilian governments. The establishment has historically justified its role by citing national security concerns, weak civilian governance, or economic crises.

Always respecting the Constitution is a principle that underscores the importance of adhering to the supreme law of the land. It serves as the foundation for governance, ensuring the protection of fundamental rights, the separation of powers, and the rule of law. Respecting the Constitution fosters justice, equality, and accountability, preserving democratic values and societal harmony. By upholding constitutional principles, individuals and institutions contribute to a stable and just society where rights are protected, and power is exercised responsibly.

The civilian governments often lack institutional strength due to corruption, inefficiency, and internal divisions. This has made it easier for the establishment to assert dominance. Parliament’s limited role in policymaking, particularly in areas like defense and foreign affairs, reflects this imbalance.

The establishment’s control over security and foreign policy, especially regarding India, Afghanistan, and the U.S., has sidelined civilian leadership. The Civilian governments have struggled to reclaim authority in these domains, leading to a perception of subordination.

At times, the judiciary has legitimized the establishment’s actions, as seen in past rulings endorsing martial law or controversial decisions. Media narratives often align with establishment perspectives, amplifying their influence while limiting dissenting voices.

Civil-military relations in recent years have seen an overt struggle, with instances of public disagreements and political engineering accusations. The alleged use of “hybrid regimes,” where elected leaders function under the establishment’s shadow, underscores the limits of civilian power.

This imbalance undermines Pakistan’s democratic framework, limiting Parliament’s role as a policymaker and watchdog. The civilian leaders often face difficulties implementing reforms or pursuing independent agendas, weakening governance.

Developing robust civilian institutions, particularly Parliament, is critical to restoring balance. A judiciary that ensures accountability for all, including the establishment, is essential. An informed public can demand accountability from all power centres, fostering democratic resilience.  Establishing a clear constitutional framework for civil-military relations can help delineate roles and responsibilities.

Recent violent clashes occurred during protests by Pakistan Tehreek-e-Insaf supporters in Islamabad. The demonstrations escalated into confrontations with security forces near D-Chowk, a heavily guarded area in the capital. Law enforcement used tear gas and other measures to disperse the crowd, leading to claims of excessive force. PTI leaders and International media including BBC, CNN, Al Jazeera, Dutch News etc. alleged that more two hundreds protesters were killed, though government sources have not confirmed fatalities. Mahmood Khan Achakzai and other political leaders demanded a judicial inquiry into the incident, calling it a violation of citizens’ rights and blaming government officials for the violence.

Similarly ongoing unrest in tribal areas, particularly Kurram, led to over 100 deaths due to tribal conflicts. This highlights broader issues of instability and governance challenges in Pakistan and whereas our governments and establishment is only focusing on PTI and its protests activities which compromised our Constitution, Superior judiciary and civilian administration resultantly a perception is appearing of a failed state or a banana country.

Last two and half years are full of events which clearly show the grave constitutional failure and breakdown of civilian administrations and the upper hand of the establishment to control the entire country by intentionally ignoring or planning to create a massive abuse of the Constitution and human rights violations. This imbalance remains one of the most significant challenges to Pakistan’s democratic and institutional stability. Breaking this cycle will require collective political will and public support.

Those nations or their establishments who intentionally disrespect or break their Constitution never succeed towards advancement and prosperity, as it is evident that a country may grow and develop only with a true democracy and a powerful Constitution.

Always respecting the Constitution is a principle that underscores the importance of adhering to the supreme law of the land. It serves as the foundation for governance, ensuring the protection of fundamental rights, the separation of powers, and the rule of law. Respecting the Constitution fosters justice, equality, and accountability, preserving democratic values and societal harmony. By upholding constitutional principles, individuals and institutions contribute to a stable and just society where rights are protected, and power is exercised responsibly.

Akhtar Aly Kureshy
Akhtar Aly Kureshy
The writer is an Advocate Supreme Court of Pakistan, Law Professor, member International Bar Association and former Assistant Attorney General for Pakistan.

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