Last Nail in the Coffin

Never before in Pakistan’s recent history has the country witnessed the surge of a hybrid system in which the security establishment is calling the shots and its junior civilian partners are almost powerless. On paper, Pakistan is a constitutional democracy, but in practice, the marginalization of civilian supremacy has been a stark reality over the last several years.

Constitutional amendments, particularly the 26th amendment in 2024, tend to weaken the judiciary and the Parliament, paving the way for a hybrid system where the real powers lie in the hands of non-elected forces. Even during the dictatorial regimes of Ayub Khan (1958-69), Yahya Khan (1969-71), Zia-ul-Haq (1977-1988), and Pervez Musharraf (1999-2008), there was a hope that the democratic struggle would yield positive results and Pakistan would overcome the legacy of repressive rule. But, in present circumstances, the damage done to democracy in the country is irreparable because it is done with the connivance of the ruling coalition composed of PML (N), PPP, and MQM, as they compromised on judicial supremacy and the rule of law to block the PTI from coming to power. Their compromising approach has the ruling establishment’s full support; for them, the only way to prevent PTI founder Imran Khan from coming to power is by weakening the judiciary.

The latest attempt to strengthen the hybrid system is the passage of the controversial 26th Amendment despite strong resistance from opposition parties. According to AI, “The 26th Amendment to the Constitution of Pakistan, officially the Constitution (Twenty-sixth Amendment) Act, 2024, significantly alters the judicial and parliamentary frameworks. It introduces changes to the appointment of the Chief Justice of Pakistan, the composition of the Judicial Commission, and the establishment of a constitutional bench within the Supreme Court. Additionally, it addresses the removal of suo motu powers from the Supreme Court and caps the Chief Justice’s tenure.” When the Supreme Court and High Courts are compromised and the motive on the part of the security establishment and their civilian junior partners is to deprive the people of Pakistan of the legitimate results of the February 2024 general elections and sustain a hybrid system, the outcome is further shrinking of democratic space and nothing else.

According to AI, “Pakistan is often described as a hybrid regime, characterized by the coexistence of democratic institutions and authoritarian practices, particularly military influence. This means that while Pakistan has regular elections and a multi-party system, the military retains significant power and influence in political affairs.” Even during Imran Khan’s government, the notion of a hybrid regime was mentioned, but today, it is entrenched in the rank and file of governance as civilian supremacy is a thing of the past.

To further deepen the hybrid system in Pakistan by totally subjugating the state under military supremacy, democracy and political pluralism cease to exist. The dangerous pattern in the prevailing hybrid system is the decision to strengthen a dictatorial regime under the garb of so-called elected representatives of the Parliament, made by political parties that had previously suffered under military rule. After the 26th Amendment, efforts are being made to introduce the 27th Amendment, which will put the last nail in the coffin of democracy.

Former additional attorney general of Pakistan, Tariq Mahmood Khokhar, commenting on the proposed 27th amendment, argued that: “The proposed 27th Amendment will ‘formally’ replace the already diminished rule of law with rule by law (law as an instrument of control). Expect reintroduction of military courts, a federal constitutional court, a revamped judicial commission, redefined provincial powers, a diminished judiciary, curtailment of fundamental rights, marginalization of constitutional institutions, an authoritarian presidential system, and more. The supreme tragic irony is that the intended victims are, with rare honorable exceptions, willing accomplices in and apologists for offences against the constitution and democracy.”

When General Zia-ul-Haq and General Pervez Musharraf took measures to tame the superior judiciary, senior judges who disagreed with such steps resigned and refused to take oath under the Provisional Constitution Order (PCO), but today, despite violating seniority rule, no judge of either the Supreme Court or the high court has resigned. It means the hybrid system has succeeded in taming the judiciary so that decisions according to their choice are made, disregarding ethics, merit, and the rule of law.

How the shrinking of democratic space in Pakistan since 2022 is a significant threat to the very survival of the country, and why political parties, except the mainstream PTI, have compromised and let generals establish their mode of governance while using the Parliament and judiciary for the accomplishment of their veiled interests? Why has the PPP, which had suffered the most at the hands of the non-elected forces, compromised on accepting erosion of democracy and the judiciary? Why are the Pakistan Bar Council, the Supreme Court Bar Council, and the Bar Council of high courts, which in the past used to raise their voice against constitutional violations, silent now? Does it mean that the establishment, along with PPP, PML (N), and MQM, are also responsible for eroding the democratic process?

It means sooner or later, even if the 27th amendment is passed and people of their own choice are put in the position of President and Prime Minister by the establishment, the political volcano will erupt.

The shrinking of the democratic process in Pakistan needs to be analyzed from three angles. First, there is a silence and a compromising attitude of the media, civil society, and political parties when the worst kind of democratic erosion occurs. Why is it so that earlier, the judiciary, media, and civil society activists used to take a stand when the state used to take repressive measures? But now, it seems their conscience is dead, or they don’t want to challenge the state’s dictatorial policies. It is also possible that state resources have been used to silence the voices of dissent. Those media personnel who, during the post-Musharraf era, used to raise a hue and cry when there was any state repression are now silent. Whether it was the arrest of thousands of PTI workers, leaders, and supporters following the events of May 9, 2023, or the use of brutal force to disperse demonstrators in Islamabad on November 26, 2024, print and electronic media largely remained silent with the connivance of PML (N), PPP, and MQM.

Those who are part of democratic erosion to protect their interests from the security establishment have forgotten that they will also face the music sooner or later. History repeats itself. It is their motive to keep Imran Khan in prison and deny PTI any space, but it may not materialize in the days to come. Man proposes, God disposes!

Second, cracks in the ruling coalition and in the establishment may generate a new crisis. It was the miscalculation of the security establishment and their junior civilian partners that Imran Khan would not be able to bear the harshness of prison and would compromise. That has not happened. By using the 26th constitutional amendment, state actors calculated that they could mitigate opposition parties, but that has not happened. It means sooner or later, even if the 27th amendment is passed and people of their own choice are put in the position of President and Prime Minister by the establishment, the political volcano will erupt. Those at the helm of affairs may adhere to the wishful thinking that the U.S. President Donald Trump administration is supportive of them and they are getting all financial assistance from the IMF, the World Bank, and friendly countries; even then, the economy of Pakistan is in dire straits. Serious governance issues, a rising tide of extremism and terrorism, along with violence in Balochistan and KPK, continue to pose serious challenges to the very survival of the country.

Finally, no lessons have been learned by either the people or the state from past debacles, particularly the country’s disintegration in 1971, and the same old mistakes of continuing with an exclusive, instead of an inclusive, mode of governance are being committed. The damage to democracy, political pluralism, and an inclusive form of government is enormous and can only be repaired when institutions operate according to their given mandate. For that purpose, it is high time that the security establishment focused on its duties and that the bureaucracy, judiciary, and Parliament followed the rules enshrined in the constitution. In the name of national interest and security, the country’s future must not be compromised.

The way to deal with Pakistan’s political predicament, economic malaise, bad governance, and absence of the rule of law is to respect the sanctity of the vote, adhere to the rule of law, and accept the supremacy of the Parliament. This would require elected representatives to act professionally instead of getting involved in power politics, corruption, and nepotism. It will be an uphill task because the beneficiaries of the hybrid system will resist their role and influence being reversed by the people of Pakistan.

Pakistan’s 60% of population is composed of youth, and their growing frustration, leading to brain drain, is a significant challenge. To salvage democracy, economy, governance, and the rule of law, there is a need to remove those in positions of power who are involved in corruption and nepotism, perpetuating their hold over power by all means. Who is going to save Pakistan from further erosion depends on the majority of the people of Pakistan, as their future is at stake.