Defining The State: The Constitutional Crisis In Pakistan

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The true crisis in Pakistan is not merely one of political instability or economic mismanagement, but rather the failure to respect the foundational principles of the state as defined by its own Constitution.

2024-11-30T13:50:00+05:00 Ahmad Sajjad Malik

In light of the recent protests in Pakistan, I reflect on them as such:

The winds of greed, both seen and unseen,

Swept through the halls where ideals had been.

The thirst for power, raw and vile,

Turned the vision into guile.

Lines were drawn by cunning hand,

Dividing people, land from land.

Political pawns, non-political schemes,

Choking the heart of collective dreams.

 

Yet they forgot what power should know:

The state is the people, who reap and sow.

It is not the crown, the army, the creed,

But the common hands that plant the seed.

 

Absurd it is, this illusion of might,

Of forces thinking they own the right

To shape a nation in their despise,

Ignoring the people's weary cries.

 

But the people rise; they always do,

In justice’s name, for what is true.

No throne, no chain can hold their will;

A silent wave, steadfast and still.

In Pakistan, the political turmoil can often be traced back to a fundamental issue: a disagreement over the very definition of what is the "state." This ambiguity shapes not only how we govern ourselves but also how we understand the very essence of our democracy. As we witness protests, political unrest, and claims of electoral fraud, it becomes evident that the root of Pakistan’s current political struggles lies in the disconnect between the will of the people and the actions of the powers that be.

At the heart of this issue is a constitutional debate: what exactly constitutes the “state” of Pakistan? Article 7 of the Constitution of Pakistan offers a clear definition. It states that:

"……the State" means the Federal Government, '[Majlis-e-Shoora (Parliament) , a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.”

However, this definition is more than just legal jargon; it points to an essential truth about democratic governance: the “state” must be the product of the will of the people. Through this lens, the Pakistani constitution is clear—particularly when we examine Part VIII, which focuses on Elections. Pat VIII of the Constitution, reflects that elections to the National Assembly shall be held in a manner that reflects the will of the people.

These provisions emphasise that the state, in a democracy, is not merely a collection of bureaucratic entities or institutional powers; it is the will of the people, expressed through free and fair elections. The "state" is not a monolithic entity but a dynamic, evolving expression of the people's collective will. Thus, the legitimacy of the state is directly tied to the democratic process, where the people elect their representatives.

However, the problem arises when entities within the country — particularly the powerful “Establishment,” a term often used to refer to the military and its influence over national affairs — undermine the very principle of democratic elections. Recent events in Pakistan, notably the rigging of the 2018 elections and ongoing allegations surrounding electoral malpractice, have demonstrated a blatant violation of the public's right to choose their government. By interfering in the electoral process, the Establishment not only undermines the democratic will of the people but also violates the Constitution's explicit provisions.

When citizens take to the streets to demand free and fair elections, they are not just protesting electoral fraud; they are invoking their constitutional right to assemble and speak out against the violation of their democracy

When the public’s right to franchise is violated, as it was in this year's elections, the entire foundation of the state is called into question. The actions of the Establishment, whether through rigging, manipulation, or coercion, erode the legitimacy of the state. This has sparked protests across the country, with citizens demanding the restoration of their democratic rights. These protests, however, are not just a response to political mismanagement—they are an expression of the people's rightful claim to shape their state.

Pakistan’s Constitution safeguards these rights, particularly through Article 16, which guarantees the "freedom of assembly." In essence, this article protects the public’s right to gather peacefully and express dissent, especially when their fundamental rights —such as the right to vote — are violated. When citizens take to the streets to demand free and fair elections, they are not just protesting electoral fraud; they are invoking their constitutional right to assemble and speak out against the violation of their democracy.

The true crisis in Pakistan is not merely one of political instability or economic mismanagement, but rather the failure to respect the foundational principles of the state as defined by its own Constitution. The state must reflect the will of the people, and the moment that democratic will is undermined, the legitimacy of the state itself is questioned. This is why protests in Pakistan are not only a political action but a direct appeal to the Constitution’s promise of justice, equality, and freedom.

Until there is a consensus on what constitutes the "state" in Pakistan, and until the will of the people is respected through free and fair elections, we will continue to see a fractured society. The protests in Pakistan are a wake-up call for a nation that must return to its constitutional roots and restore the democratic principles that form the bedrock of its statehood. Only then can Pakistan truly call itself a democratic republic, governed by the people, for the people.

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