Let there be light…… Shahzad Chaudhry
If indeed we are about to witness a period of conditional and qualified constitutionalism where some tenets are rephrased or requalified to address an issue of the times say a difficult economic and security environment forcing a postponement of elections, koshered with a sunset clause aiming to revert to the original if and when normalcy returns we shall be in a period of imaginative convenience enabled by an open ended doctrine of difficult times permitting unconstitutional experiments in governance.
It may take one of the following four routes: A resort to the military option where martial laws replace the constitution for prolonged periods, or a declaration of an Emergency which revokes citizens fundamental rights and appropriates disproportionate powers to non-democratic forces. These should be shelved outright for their draconian implications and to avoid long-term adversarial influence and retrogressive consequences. A role of a guarantor with the judiciary in lead is about the most that any military leadership should envisage. Of its need, there are compelling reasons.
The next two are patently civilian dispensations one from within the constitutional provisions even if not in full compliance with the envisaged model, and the other through a specialists cadre of experts which in a technocratic set-up can guide the nation through its most testing times but will need some constitutional adjustment. Or, the two can be mingled to produce a most optimum combination as the nation struggles through its most complex moments. Any of these would need legislative guarantee and support of the judiciary and the military to sustain for the period of its existence.
The variation from the established constitutional structure occurs only at the centre for a fixed period of five years the tenure of an assembly, to be reviewed at the end if an extension of the improvised model is needed. It must though begin with a mandated election per the constitution to the national and four provincial assemblies. A date for fresh general elections with the concurrence of all political parties by the mandated electoral authority of the country must be announced forthwith to end the air of debilitating uncertainty.
One of the two ways may then be chosen: A genuine unity government from across all parties in the National Assembly is formed with the best available talent. If, however, the political consensus is not forthcoming because of the extremely polarised political culture we may be forced to legislate a provision for a technocrat specialist government drawn from the private sector with a sprinkling of capable and qualified elected members to jump-start a broken system. Legally mandated, this arrangement will enable an across-the-board participation of the relevant expertise to help the country navigate through its most difficult times.
The task for such a government, unity or technocratic, will be to execute all prescriptive undertakings to revive the national economy, rebuild its inherent resilience, and develop a plan to retire debt on priority. Structural changes and reforms follow in earnest in all spheres that over time have either stagnated or stand seriously decayed. Rule of law is instituted as sacred trust and political interference in state institutions including bureaucracy eliminated to revert these to their status of state institutions than political affiliates. The cabinet of necessity shall have to be small but efficient while reform to reduce the size of the government and minimize expenditure shall be imperative.
This must then be followed with full-fledged institution of local bodies across the country under uniform laws defining powers, responsibilities and rules of functioning. Respective provincial assemblies should legislate their placement and strengthen their functioning. The two levels, provincial assemblies and local bodies, together form the foundation of nations democratic ethos. If democracy must find grassroot presence the third tier needs to be legislatively and functionally supported. The incumbent political culture abhors parting with powers down to the level of local governments which remains the weakest link in this order of partial democracy.
Our political structure has turned excessively populist and exploitative. It inhibits larger public good over tribal gain. Privatising leaking state enterprises is a case in point, as is the need to review and recalibrate foreign, economic and trade policies in favour of the people. Instead, political parties remain straitjacketed with rhetoric they have now sold to the people for decades. They fear being framed by the opposition, ceding political space and losing popular appeal. An unrestrained government can afford to undertake initiatives to reinforce Pakistans regional and global relevance with pragmatic policy choices without looking over their shoulder for a backlash even if misplaced and misguided. It is important to resurrect nations long-term promise and comprehensive security with bold policy reform.
Since the existing lot is either devoid of necessary capacity, or methodology, or intent, or the will to reconstitute and reform what is of utmost importance to resolve our political, economic and social predicaments they shall need to be asked to hold their statutory positions in the National Assembly, voicing their opinion and representing their constituents, but permit a more decisive apparatus to assume charge for executing what is necessary and imperative. An improvised governing structure will need to be agreed upon by all. This will mean reorientation of a political culture which has over time ground itself to inaction and dysfunction. Politics will need to re-tune to the imperative of recovering from an impending institutional and functional disaster. A political consensus on a way out should be facilitated by state entities. Our traditional party leaders will have to adjust to a non-traditional, non-familial another as the consensus prime minister at the head of a unified national government as the best bet for the long-term health of the country and its democratic politics.
For it to materialise though the people must get their right to choose their representatives to all levels of democratic governance, in earnest. The Election Commission, in coordination with the mandated authority, may choose an early date fair to all for country-wide national and provincial elections, preferably on the same day to save extra expense. This is no time to dither on what is certain to be injurious and untenable to our collectively secure future. A transparent electoral process alone will restore the faith in our political structures. For a political system that is on hold it is prudent to work a consensus way-forward within the political domain and keep decision-making within its own realm than cede the space to non-political influences. This foremost needs reinstitution of electoral credibility.
Our political system stands badly stalled and stagnated, and thus the economy in a free-fall and a badly fragmented and disoriented society. Setting the politics right will unlock the process which will unravel the way out of our collective predicaments. All we need is the will and the intent to do exactly that. This is the moment to rise above oneself for the sake of the nation.
Courtesy The Express Tribune, February 24th, 2023.