Rude Awakening

A society based on disbelief can thrive, but a society based on injustice cannot. Now that federal High Court judges have jointly accused the spy agency of intimidating them to influence judicial outcomes, does it indicate the judiciary’s rude awakening or yet another episode of institutional clash that, despite its pitfalls and disservice to the nation, seems far from over?

The issue raised by the six judges about other institutions’ interference in their work is a highly significant development. It is an assertion by the judges of their independence and an unambiguous message, especially to the security establishment, that they would not tolerate or accept any dictates. Considering that Pakistan, in its seventy-six years of history, has been ruled half the time under direct military rule and the other half through a hybrid arrangement, there are clear signs that this is becoming unacceptable. And there is a demand that all institutions abide by and function within the boundaries laid down in the Constitution.

Defying the constitution and trespassing legal boundaries by state institutions has other serious drawbacks. The justice system, which already suffers from many weaknesses, becomes worse, and people lose faith in its integrity. Foreign countries seek additional guarantees while executing commercial contracts, thus making these more expensive.

Moreover, when state institutions show laxity in abiding by the rule of law and the Constitution, the nation operates in a vacuum, adversely affecting its value system. In fact, this is what Pakistan has experienced all these years, and it is imperative that corrective measures be taken to ensure that the institutions conform and abide by the Constitution in letter and spirit. This will have a transformational effect and a wide-ranging positive impact on internal functioning while dealing with foreign countries and negotiating contracts.

When the cabinet or the parliament does not make policies and decisions, the whole system of governance, especially accountability, is seriously undermined. Pakistan is a glaring example of this weakness. One of the primary reasons Pakistan has been left behind in terms of economic development, as compared to even South Asian standards, is its weak accountability.

The other aspect of governance that affects economic growth is the capacity of the state to maintain law and order and provide essential services. Due to disturbed conditions on the western border and militant infiltration, Pakistan has been unable to fully benefit from trading with Afghanistan and states of Central Asia. It is only after the Taliban took over control in Afghanistan that the situation has largely stabilized.

The government needs to focus on Khyber Pakhtunkhwa’s full integration of border areas and its economic development. Good governance in Pakhtunkhwa and Balochistan and greater integration with other provinces, in addition to improving the economy, will contribute to countering militancy and smuggling.

The problem that the judges have raised about interfering in their functioning is not confined to them alone but affects other major state institutions. The political government’s functionaries and bureaucracy on certain policy issues look up to or are guided by the military. In formulation of foreign policy, especially relations with the U.S., China, India, and Afghanistan, the military’s thinking carries considerable weightage.

Foreign countries, being aware of this reality, sometimes deal directly with the army leadership or ensure their concurrence.