Politics in Pakistan is moving in circles. The bizarre political deadlock created by the recent general elections and the ensuing unpleasant tug-of-war between the government and the opposition continues unabated. Despite having the ‘legitimacy’ card in its hand, PTI has not been able to translate its resolve of translating political justice into reality. Conversely, it is treading on thin ice by holding futile protests. On the other hand, the government seems confident in putting the economy back on track, a promise it made before taking charge in Islamabad. Future macroeconomic indicators are being flashed to camouflage the tortoise-paced economic recovery, conveniently ignoring a basic fact. Healthy indicators mean practically nothing if the life of a common man remains entangled in poverty.

The letter drafted by the six judges of the Islamabad High Court and the majority decision of the Supreme Court on the reserved seats apparently prompted the government to forestall any future ‘mischievous’ acts or verdicts. Let’s have the power to nominate and transfer any judge of the higher courts. Let the Executives penetrate through the Judiciary’s domain so that the affairs of the State can be managed smoothly. As for the ‘undesirable decisions’ coming from the Apex Court, let’s not take any more chances. The newly established Federal Constitutional Court will practically render the Supreme Court infructuous, particularly on any question of law regarding constitutional matters or parliamentary affairs. If need be, go for a Constitutional Bench instead.

Secondly, the tussle between the Supreme Court and the Election Commission of Pakistan just before and after the February 8 general elections made matters complicated if not worse. The need to have an ‘amenable’ Judiciary was seriously felt. Moreover, a Chief Justice who openly talks about the powers of the Apex Court and urges all institutions to stay within their respective domains, may not be the ideal choice. Hence, let’s do away with the annoying seniority clause and choose the best of the best from amongst a panel of three candidates for the coveted post. Historically, the ‘best of the best’ move would almost always produce undesirable results. In some cases, the concerned institution would soon regret the decision to place the laid down procedures at the altar of favoritism.

Thirdly, a decision that pronounced PTI as a legitimate political entity while putting all the ‘deserving’ reserved seats in its lap could easily ‘derail’ the system - by opening a Pandora’s box of February 8 general elections. The unlikely immediate return of Khan to power is perhaps the scariest scene for all those who are presently roaming about in the corridors of power. Hence, a compliant Judiciary is the need of the hour. Succeeding in making the required amendments to the Constitution will have a huge fringe benefit as well. The government could very well portray the consent of two-thirds of Parliament as a ‘vote of confidence’. There goes the proverbial opposition out of the system - altogether.

Thus, enters the dragon of proposed constitutional amendments – putting the judicial independence ‘at risk’, according to the UN Special Rapporteur as if society’s polarized plate was not full already.  A nod from the Supreme Court on Article 63A opens the window of getting votes from the ‘disgruntled’ Parliamentarians. It wasn’t a bolt from the blue. It is widely believed that a decision to accommodate the outgoing Chief Justice has long been taken. The script had clearly placed him at the helm of affairs either by prolonging his tenure through extension or better still, by making him the head of the proposed Federal Constitutional Court after retirement.

The task was given to the Pakistan People’s Party which is assiduously working to ‘desirably’ tweak the Constitution, particularly the parts relating to the formation of a Constitutional Court and the selection of the Chief Justice of the Supreme Court through a panel of three. Quoting the Quaid’s dream, Bilawal Bhutto Zardari would urge all concerned to have the amendments passed as soon as possible. As for his haste in fervently trying to revisit the Parliament’s bulldozing syndrome, many believe that the answer lies in his aspirations to be the next PM for which a report card is being prepared. One wonders if the Quaid had ever desired the Executives to interfere in matters pertaining to the Judiciary.

Clearly, PPP and its new partner JUI (F) would wish the PML (N) President to break his silence over the subject. In view of the obvious clash of interest and the fact that PML (N) has its own candidate in the family for the Prime Minister’s slot, one would not be surprised if the government was not able to achieve the required numbers - not because of any outside factor or the Maulana but the last-minute ‘excuse’ by a few low-profile ‘deserters’ from within the coalition.

Some insiders believe that the hue and cry over the need, rationality and timing of the proposed constitutional amendments was just to make the process look legitimate. It was then no surprise that the mysterious draft amendments took several turns and twists but remained invisible to the eyes of the people of Pakistan. Furthermore, they see more in these amendments than meets the eye. In the garb of overhauling the Judiciary, Islamabad would like to settle certain ‘controversial matters’ once and for all. In this regard, it would be interesting to see JUI (F)’s proposals vis-à-vis its initial adamant stance. If successful, the government will be able to kill several birds with one stone. Meanwhile, staying far from the madding crowd, the legal fraternity has vowed to fight the constitutional amendments ‘tooth and nail’. Fight they might. However, it would be too late already!

Najm us Saqib
The writer is a former Ambassador of Pakistan and author of eight books in three languages. He can be reached at najmussaqib1960@msn.com