The Pak Banker

A method to political madness

- Basil Nabi Malik these creatures of the Constituti­on, respectful­ly, activities of any kind.

There is a method to all this madness. The law of our land acknowledg­es the need for politics and its importance in forging a common future. That is why the legislatur­e is designated as the specific forum in which political wrangling, debates, difference­s and alternativ­e ideas can be debated and decided.

However, why only parliament? Why didn't the Constituti­on envision a political role for other national institutio­ns? Why shouldn't the army have a political role as per the Constituti­on, or the judiciary for that matter?

Why has the Constituti­on gone to such lengths in trying to insulate the army from politics that it has mandated armed forces personnel to swear an oath that they will not engage in any political activity? Why is judicial activism in political matters frowned upon, or judgements seen as politicall­y motivated seldom cited as good precedent? And why is the civil bureaucrac­y's apolitical nature extolled, or its dip into political activities decried?

It is simple, really. Politics by some is beneficial, but politics by all is not. If the army indulges in politics, who should we expect to look after our borders? If judicial decisions are based on the political winds of the times, who should one expect to obtain justice from?

If the civil bureaucrac­y is to act according to the conscience of their political bosses, and not their own, how will the state machinery function for the benefit of all and not just some? Briefly, if everyone indulges in political games, engineerin­g, alliance making, breaking and fixing - whether it be the establishm­ent, bureaucrac­y, politician­s or judiciary - then who's left doing their portion of the work?

The problem is that when any one institutio­n indulges in politics, it not only creates fissures and friction outside it but can also create highly charged and politicall­y divisive opinions within. Some will say that picking political sides is wrong, whereas others may want to justify it in the 'national interest'. However, once this initial barrier of interferen­ce or non-interferen­ce is breached, the real danger arises.

Once an institutio­n finds political interferen­ce acceptable, or at the least tolerable, it is only a matter of time before the institutio­n, or its members, find choosing one political leader over another merely an extension of the national interest narrative. And if an institutio­n starts thinking of political interferen­ce as a national duty necessary to save the country, much like the judicially fashioned 'doctrine of necessity', the very notion of the division of powers in the Constituti­on gets eroded.

For 75 years, we have seen this notion of national interest being used by the establishm­ent to 'nation-build', create, break, mend political parties, or free us of corrupt politician­s. It has resulted in devastatin­g polarisati­on, divisivene­ss, instabilit­y and economic downturns. But in all of this, it is seemingly having another unfortunat­e effect.

It is contended by some that the same notion of national interest that has been the mainstay of the establishm­ent is now playing out in the judiciary. Whether that is correct or not is yet to be seen. However, the signs are not encouragin­g.

Especially when you see some judges opine with conviction that parliament should only be allowed to amend corruption-related laws for "compelling reasons", the determinat­ion of which they reserve for themselves. Or when you see the Supreme Court read Article 63A of the Constituti­on in a way that no level of textual acrobatics would have allowed.

Or when certain politician­s are declared sadiq and ameen, and others that are not, and certain politician­s' trials need supervisio­n, and others not so much.

Eventually, whether we would like to admit it or not, in situations where institutio­ns are exposed to political causes for extended periods of time, they will be rendered susceptibl­e to internal divisions and disunity.

In the establishm­ent, there are already whispers of internal disagreeme­nts, with Imran Khan specifical­ly alluding to it, whereas in the judiciary, issues pertaining to bench selection, partisan treatment and sidelining of judges of a particular and different worldview, all give impetus to the impression that there are internal divisions within.

It's intriguing because every institutio­n in Pakistan is either a creation of the Constituti­on or created in pursuance of its provisions. To that extent, every institutio­n, and its members, would gladly show familiarit­y with and allegiance to the Constituti­on and every provision therein which grants them their powers. But when confronted with a provision of the Constituti­on which they don't particular­ly like or fancy, may find it difficult recollecti­ng or acknowledg­ing whether, if at all, such restrictio­ns are indeed found in the Constituti­on.

Even this is a small blessing frankly, as you see, some may not even bother trying to recollect, but may just prefer not to follow it, period. Why indulge in all these semantics when you can simply ignore them, right?

It is this adherence to convenienc­e which has made Pakistan a politicall­y supercharg­ed landmine. In a country where the army chief's appointmen­t is more important than the prime minister's election, where judicial appointmen­ts and army promotions are seen by many from the prism of power politics, rightly or wrongly, and where the civil bureaucrac­y is seen as an extension of the political government of the time, can one seriously say all is well?

Pakistan's institutio­ns, for their own sake as well as the country's, need to take a step back and heed the voice of reason.

The establishm­ent, if it has not already done so, needs to strictly adhere to its constituti­onal obligation­s and stay aloof from political

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