21/10/2024
At the outset, 26th Amendment is a good deterrent to attacks on the parliament coming from the unchecked powers of the judiciary, that was actively engaged in meddling into law making, to the point where some legal experts say, was akin to rewriting the law, instead of interpreting it. The judiciary remained compromised to the whims and will of the powers that be, the powers that always undermined the law. We needed stability of every government's term for 5 years at least. We never had it, or even if we did,, in our 75 years of history, we made it without a single government without a Prime Minister completing his term.
But the strong objections coming to the passage of 26th Amendment is not only coming out of the sorry, hypocritical political sloganeering of PTI, that only sees it as an inescapable trap for Imran Khan. But in fact, the criticism is coming from the very sane, progressive legal practitioners and the experts of the constitution. The problem of judiciary remaining hijacked for political gains remains there. Politcal appointments of the judges, by the selectors having only a small share representation from judiciary, is bound to doom any other political party that feels disenfranchised. How the elections take place, how it gets pre-decided who gets how much representation, and how voting is managed are not unknown facts. So what if PML-N is soon to lose its blue-eyed status, what if IK is again brought back with smashing majority, what will they do next knowing that undoing a constitutional amendment that sets up for strong political influence will, need another 2/3rd majority of the house. This is not the reform that needed to be worked on, unless there is an acknowledgement that merit and democracy, as ideal enablers for a perfect harmonization among all pillars of the state, are missing.
And needless to state, other clauses of this amended law are disturbing. Council of Islamic Ideaology will see more expansion of powers. Economy clauses (the Riba to appease Maulana) are also going to spell for a doom. And not to mention, the very questionable processes involved in this "consensus building" negotiations that PPP is celebrating today, is actually an extremely shameful thing to celebrate.
The system will not prevent from hijacking of the judiciary, and will be more detrimental for as long as the parliament is controlled by the powers that be. There. Yes, I said it. Now i;m relieved.