Cover Story
Hybrid Hoax
Hybrid regimes lack legitimacy, and their decisions are flawed and peripheral, becoming a big problem rather than a solution.
Democracy, a rule with consent subject to responsibility by those with the best ideas, is essential for Pakistan because only through true democratic institutions and civilian rule can the multitude of problems it faces today be resolved. A farce in the name of democracy through managed electoral drills will once again prove counter-productive. Hybrid regimes lack legitimacy, and even their decisions are flawed and peripheral and become a big problem rather than a solution, as there are no checks and balances on power. Moreover, confusion between de jure and de facto power impedes accountability, a sine qua non for an efficient government. Today, de jure governments lack legitimacy and are clouded by allegations of massive rigging and manipulation of electoral results in the parliament and provincial assemblies.
Additionally, the line between criticism and propagation of false opinions stands blurred. The state is willing to use its coercive apparatus to silence even legitimate voices that tend to question these elections and decisions. Dissent is being suppressed with force despite a guarantee of free speech in the Constitution, which is virtually in abeyance as it is not obeyed. Everyone is drawing his red lines. In the age of mass communication and social media, the state finds itself at odds with public opinion, is unwilling to respect it, and tends to regulate it beyond permissible limits.
Even the sanest advice may have unfavourable consequences. In these challenging times, more harsh measures (e.g., defamation law, etc.) are underway to regulate free speech. There lies a great peril to unqualified opinions and views. Since the destinies of hundreds of millions are intertwined with the future of Pakistan, silence is culpable, and withholding a wise word is an unpardonable sin.
This year’s events, starting with election results and consequent federal and provincial governments formed through dubious alliances, are shocking to millions of young people unfamiliar with the history of politics and power in Pakistan. It has, once again, proven that the ultimate power broker in Pakistan remains the Establishment, which is a reality, and its role in the country’s politics, with time, has incrementally increased to a level that it now fully controls.
Despite denials, the embarrassing truth is that people are ruled against their will and are dubbed ignorant or misguided. The promise of social and political justice made by the founding fathers remains limited to shallow words lacking meanings and substance. Present political leadership lacks competence and character, and having been brought to power upon crutches, it is unwilling to believe and recognize the role and stake of the people.
A segment of society has started questioning Pakistan’s creation. Elongated sermons in the parliament, long judgements of courts, and lectures and speeches by others have failed to assure, grant, and guarantee promised rights to the people. The Constitution and its clear mandate are trampled upon and violated with impunity, even by those who have sworn an oath of its allegiance and protection.
Pakistan has not come to this impasse overnight. The genesis and history of the extra-constitutional role of the establishment in politics goes back to the country’s early days. The war on Kashmir pitched the civilian power up against the Establishment. The scale of power eventually tipped in favour of the Establishment. General Douglas Gracy, the commander in chief, allegedly refused to obey Jinnah, who advised him to send troops to Kashmir (Gracy later clarified his position in a letter published in K.M. Arif’s book ‘Estranged Neighbours’).
The use of state power against political opponents by the political leadership led by sycophant and power-hungry feudal political classes raised during the Raj during their tug-of-war for power allowed the Establishment to make inroads into real power circles further and to assign unto itself an extra-constitutional role in the state affairs. Despite a constitutional template available for the Constitution, the constitution-making process was delayed for more than seven years. The induction of civil servants and commander in chief of armed forces into the cabinet (Ghulam Muhammad, Iskandar Mirza, who confessed his role in his recently published memoirs, and Ayub Khan (Friends, not Masters) and then infighting amongst Bengali and West Pakistan politicians over power-sharing formula, allowed constitutional deviations that became a source of political expediency and ground for military intervention in 1958 and for the future and permanently destroyed democracy in Pakistan.
A segment of society has started questioning Pakistan’s creation. Elongated sermons in the parliament, long judgements of courts, and lectures and speeches by others have failed to assure, grant, and guarantee promised rights to the people.
Unlike India, where the constitution was framed in less than two years, the first parliamentary elections were held in 1951, and the country undertook an uninterrupted journey on the democratic path. Pakistan struggled between military regimes and semi-democratic civilian governments that could never complete their tenures. India is now the biggest democracy and the fifth-largest economy in the world, while Pakistan’s future political landscape is fraught with perils and uncertainties.
The Establishment claims as a matter of right to have a role in policies and decision-making of the state because it has made huge sacrifices for its integrity and security. It claims to have a share in power, which is not provided in the Constitution. However, the Establishment insists on having a dominant role in the fate and destiny of Pakistan and the furtherance of hybrid regimes. This claim of the Establishment of power-sharing needs to be addressed in the light of the past seven decades. It leads to the conclusion that this power-sharing has only aggravated the country’s political and economic woes and seriously undermined democracy in Pakistan, along with its civilian institutions.
The current episode is only a continuation of the Establishment’s saga of interference in civilian affairs. Despite a clear mandate of the Constitution, elections to the national and provincial assemblies were delayed to obtain favourable results and to avoid judicial interference. Unlike the past practice, election staff were selected from the executive, and the candidates were publicly harassed and chased. The Election Commission of Pakistan was openly partisan in its decisions, pursued litigation in courts, and took sides against its constitutional duty of holding free, fair, and transparent elections. Caretaker provincial and federal governments could continue in office beyond the constitutionally permissible period.
Against all odds, the people expressed their will through peaceful and democratic means, but the results were allegedly changed with the help of returning officers. The saga of forms 45 and 47 is now too well known to be repeated. Then, the worst followed. Elections to the parliament and the selection of governments of its choice against the people’s mandate followed. The whole electoral process was termed a farce by international observers.
The destiny of a nation of 250 million people and their future lies in the hands of a few men at the helm of affairs. The question is whether any lessons have been learned from the past, and in the interest of Pakistan, they are willing to bury their hatchets and rise above their egos and interests and make a fresh start with a grand dialogue and forge an alliance to lead Pakistan out of this looming crisis. History will judge these mortals based on their actions, and its judgement is generally cruel and impassionate.
The writer is an advocate of the Supreme Court and former Additional Attorney General of Pakistan. He holds an LL.M. degree from Harvard Law School and is the co-author of a book ‘Comparative Constitutional Law.’ He can be reached at mwaqarrana@yahoo.com
NBP joins hands with TouchPoint
AI Film Festival Highlights Cinema’s Future
Author Alice Munro dies
An All-star Studded Affair
HBL and Agrilift to Digitize Agriculture Sector
India-Iran port deal to face U.S. sanctions
Pakistan joins the UNSC for the eighth time
Brahvi poet Mir Ulfat passes away
Palestinian Journalists Win International Award
Congress lashes out at Modi
Google to introduce AI-generated answers
U.S. warned India if it attacks Pakistan
Clashes break out over poppy crop clearing
Pakistan’s 3D film set for Cannes Film Festival
Thailand celebrates return of looted statues from U.S.
Missing Bangladeshi lawmaker found murdered in India
European trio recognises Palestinian statehood
Leave a Reply