Constitutional guardrails

There has been much talk in recent months on where exactly the country stands on the separation of powers and the subject of ‘interference’ in democratic processes. It has been encouraging that almost all institutions have come out strongly for the concept of sticking within the set constitutional limits. In this regard, COAS General Asim Munir too has said that the military is well aware of its constitutional limits and also expects others to uphold the constitution. Addressing cadets during the Pakistan Air Force’s passing out parade at the Asghar Khan Academy in Risalpur on Thursday, the army chief said that those who flout the “clear restrictions imposed” on freedom of expression in the constitution cannot point fingers at others. It is good to see the army chief acknowledging that the military is aware of its constitutional limits. This is important for all institutions because the country has suffered a lot over decades of institutions not adhering to their constitutional roles, be it the judiciary, the military or even political parties.

We have seen how meddling into others’ domains has led to chaos and confusion. For example, the judiciary’s reinterpretation of Article 63A was perceived as a rewriting of the constitution and massively led to the political chaos that followed during the PDM’s first tenure after the vote of no-confidence against Imran Khan. The same is the case when the executive steps in the judiciary’s domain and vice versa. The same can be said of interference in judicial matters – something that was recently raised by six judges of the Islamabad High Court (IHC) in a letter – which can lead to unwarranted consequences. We have also seen – over decades on end – political intervention by those that are meant to remain apolitical. All of this needs to come to an end, including the much-famed ‘hybridity’ of The System. Parliament, military, judiciary and other institutions should remain within their constitutional domain and not step into others’ territories.

When the army chief mentioned Article 19 and how it clearly defines the “limits of freedom of speech and expression of opinion”, he may have been pointing at the spate of fake news and malicious propaganda that has been doing the rounds on social media. In this day and age of social media, fake news has been weaponized in countries like India to target the Muslim minority. Addressing the Kashmir issue, the army chief said that India has illegally occupied Kashmir and the silence of the entire world on the ongoing Indian aggression in the valley cannot suppress the voice of freedom there. These are all important words. It was good to see the army chief also speak about the prevailing situation in Palestine. At a time when the genocide in Gaza has been ignored even by some in the Muslim world, COAS Gen Asim Munir spoke about it in detail and without mincing any words. What we need is to make sure that all institutions in the country adhere to the limits written down in the constitution, without which the country can only be headed for further polarization.