Pakistan Islamabad –The deepening standoff between Pakistan’s current government and its judiciary is unprecedented in history, and an entire spectrum of fears is brewing over the continuance of constitutional order. The current standoff between the Prime Minister Yousaf Raza Gilani-led Pakistan Peoples Party government and the judiciary has dipped to unparalleled lows, evoking criticism from all quarters of controversial legislation that seeks to supplant judicial authority. A veiled attack on the independence of the judiciary is being deplored under the guise of reform.
Conflict Over Reserved Seats
At the centre of the controversy is the insistence of the government in having a control hold over reserved seats in major legislative bodies. Holding an outright majority, the ruling party remains adamant not to offer even a few seats to the opposition. This is strange and baffling in these circumstances when the government’s position is not under threat, nor are its legislative capabilities in danger.
Thus, a critical turn was witnessed when the full bench of the Supreme Court ruled against the government’s position on allocated reserved seats. Instead of accepting the verdict of the judiciary, the government has resisted its implementation, thus raising fears that a constitutional deadlock might be soon staring at it.The Doctrine of Necessity Reimagined?
Earlier, it was acceptable for the state to invoke the “doctrine of necessity” in explaining extraordinary legal measures that had to be taken in a crisis. It appears the government is now retooling this doctrine to avail itself of ‘necessity’ as a reason to circumvent judicial rulings. Efforts ostensibly aimed at judicial reform are actually mala fide: an excuse to take away what has been lost and silence dissenting voices.
Such recent thrusts for the establishment of a new constitutional court, which is to take over the task of the judiciary on important issues, have only further fueled this suspicion. Much of the arguments advanced by many observers are that it is in response to the decisions of the somewhat independent Supreme Court, which has not hesitated from challenging acts of the government.Disobedience to the orders of the Supreme Court
This is a disturbing departure from previous trends where the government, however much the two arms disagreed, gave way to judicial pronouncements. For example, on one occasion, a sitting prime minister was held for contempt when he refused to obey an order by the Supreme Court. However controversial the decision might be, it would be followed. However, since last year’s ECP and PDM government refusal to hold overdue provincial elections in Khyber Pakhtunkhwa and Punjab, ordered by the Supreme Court, a troubling trend in the non-compliance with court orders became evident.
The Role of Nawaz Sharif
Yet, being the chief of the ruling party, Nawaz Sharif does have a great deal of influence on this current political scenario. His deep understanding of Pakistan’s political system and personal experiences with its ills make him uniquely placed to address the current tensions. However, the burden lies on him to prevent the country from drifting toward constitutional collapse at the hands of even more radical elements within his own party.
Unless checked, this confrontation between the government and judiciary may spell out the disintegration of Pakistan’s democratic institutions to leave the nation at a critical crossroads.