Shadow of the Coloniser
This country’s struggle with colonialism did not end in 1947. Because the coloniser left its shadow looming over our legal system. Until we take out the legacy of the coloniser from our laws, from our Constitution, we will forever be held back from allowing our own people from achieving true freedom — freedom from the fear that one day the State may deem it “necessary” to suspend their rights.
What is Article 149 really about?
Karachi deserves better than being embroiled in a perpetual tug of war between the federal and provincial governments. Karachi’s people put up with rampant crime, non-existent waste management, inept policing, poor infrastructure and chaos when it rains on a daily basis. Hoping for change but slowly losing optimism. However, Federal Minister for Law Farogh Naseem thinks he has found the solution to these problems in the Constitution’s Article 149 (4). But the federal minister is wrong.
Constitutional Hardball
The most beloved tactic in the populist playbook is the exercise of legitimate powers to achieve undemocratic objectives. Dangerous, because legitimate means are used to attain illegitimate outcomes. A form of maneuvering that in 2004 was referred to by Harvard Law Professor, Mark Tushnet, as “constitutional hardball”.
Aftermath: Reform the Senate
Making members of the Senate directly elected by the people will also make the argument for removing the secret ballot stronger. Because then, the people, the demos in democracy, have a right to know how their elected representatives are voting. That is a far better reason to do away with the secret ballot than the reasons being given by the opposition currently.
A Presidential System?
There is an obsession in Pakistan, a persistent hope, that a prophetic figure will swoop down at some point and singlehandedly solve all our problems. Perhaps it has something to do with the way our country came into being. A charismatic leader who, against all odds, carved out a nation for us. Pakistan’s population is frequently found dwelling over the question: what would Pakistan have looked like if Jinnah had lived longer? But dwelling on the past has never been a good recipe for fixing the problems of the present.
Of Rights and Resources
If anything, the Supreme Court’s foray into dam building should show us that it is silly to think that we can guarantee economic and social rights by handing over their enforcement to the judiciary. Not because of a lack of good intentions on the part of the judiciary, but rather because the judicial process is inadequate to address these issues. As human rights activist Aryeh Neier put it: it would simply be intruding into an area where the democratic process ought to prevail.
Murder Reigns
This is a point that needs to be understood. Due process is important. Its value as a constitutional right in a democratic system cannot be understated. But no amount of veneration for due process will convince people to trust the court system until it is actually seen to work. If the killing of innocent people like Naqeebullah Mesud and the family in Sahiwal does not galvanise us to think seriously about reforming our criminal justice system, then, I am pessimistic that it will ever happen.
A Conundrum Called Gilgit - Baltistan
It is full provincial autonomy and full citizenship status that the people of Gilgit-Baltistan deserve. Anything less would be an insult to the people of a region that was one of the first to join Pakistan.