We need a new party

Pakistan’s political parties claim to represent the people, but do they truly follow the constitution, or do they just do whatever suits them? Time and again, we have seen politicians make big promises and yet their actions often tell a different story.

The question of whether political parties in Pakistan, whether in government or in opposition, have ever genuinely attempted to enforce the fundamental rights of the people is not just a matter of general curiosity but one of matter urgency and accountability.

The constitution of Pakistan lays out the fundamental rights of its citizens, but the reality on the ground tells quite a different story. Do these political leaders even understand the weight and meaning of the constitutional articles that guarantee these rights?

More importantly, do they possess the will or the capacity to enforce these rights? The people of Pakistan have every right to demand answers and concrete action, especially concerning Article 9 of the constitution, which guarantees the right to life and security of person. This fundamental right ensures that every individual can live with dignity, free from arbitrary harm or unlawful violence. Yet, this right is routinely violated by the state itself through extrajudicial actions, enforced disappearances and unchecked acts of violence, casting serious doubt on the state’s commitment to democracy and human rights.

Article 9 is an omnibus provision, encompassing and safeguarding nearly all fundamental human rights, making its enforcement not just a legal obligation but a moral imperative for any government claiming to represent the people.

Then we have Article 10A, which ensures the right to a fair trial and due process, safeguarding citizens from arbitrary detention and judicial overreach. Yet, delayed trials, biased judgments and limited access to justice for marginalised groups show the systemic failures that undermine rule of law and accountability.

The popular Article 19 guarantees freedom of speech, essential for democracy, accountability, and social progress. However, censorship, intimidation and violence against journalists and activists have managed to routinely usurp this right in a reflection of the glaring gap between constitutional promises and reality.

Article 19A enshrines the right to information and proactive disclosure, empowering citizens to hold the government accountable. Laws like the Right to Information (RTI) legislation mandate proactive disclosure of information such as budgets, policies, and public spending, in an aim to eliminate the need for formal information requests. However, inconsistent implementation, bureaucratic resistance and a culture of secrecy have pretty much become major hurdles. Strengthening enforcement, leveraging technology and raising public awareness are crucial to realising Article 19A’s potential for transparency and accountability.

Moving on to Article 25A, which mandates the right to free and compulsory education, vital for personal and national development, especially in the age of AI and rapid technological advancement. Yet, millions of children remain out of school, and those in school often lack basic facilities and qualified teachers, reflecting a failure to fulfil this constitutional obligation.

These constitutional articles form the foundation of a just and democratic society, yet their repeated violation by political parties and leaders casts doubt on their legitimacy and commitment to the people. If our political parties fail to uphold these fundamental rights, how can they claim to be democratic or truly representative?

History, both past and present, reveals a consistent failure by political parties – all of them – to enforce these rights. If they cannot guarantee even a single fundamental right, how can their elected members call themselves parliamentarians, entrusted with the responsibility of enacting laws?

We must demand accountability and transform these constitutional guarantees from mere words on paper into living realities for every citizen. These rights are legal provisions, sure, but they are also the bedrock of democracy, and their enforcement is essential for a society that truly serves its people.

The current constitution lacks mechanisms to hold political parties accountable for their failures, a silence that is deliberate and allows them to operate with impunity. Elections, meant to serve as the primary accountability tool, are often manipulated and unfair in Pakistan, making them ineffective in ensuring political accountability.

This systemic failure calls for a constitutional overhaul. An amendment is urgently needed to explicitly hold political parties accountable not only during elections but throughout their tenure in national, provincial, and local assemblies, as well as during their time in the Senate. If a party, whether in power or opposition, consistently fails to enforce fundamental rights – particularly Articles 9, 10A, 19, 19A and 25A – it should be declared constitutionally unfit to contest elections. This is a necessary step to uphold the rule of law and ensure the constitution’s promises are fulfilled.

We are no longer in the pre-internet era of 1973 or even the early 21st century; we are now in the age of generative artificial intelligence (Gen AI) and unprecedented global transformation. The world is advancing at an unparalleled pace, and our constitutional framework must keep up.

The current system, which lets political parties disregard fundamental rights without consequences, is outdated and unsustainable. To achieve true democracy and enforce fundamental rights, bold and decisive constitutional amendments are essential.

These reforms must establish mechanisms to hold political parties accountable, ensuring they serve as genuine representatives of the people’s will and protectors of their rights, rather than as mere vehicles for power. Without such changes, the promise of democracy in Pakistan will remain unfulfilled, and the people will continue to suffer under a system that prioritises political power over their fundamental rights.

In the age of generative artificial intelligence, there is an urgent need for a new kind of political party, one that is fundamentally people-centric and dedicated to serving the grassroots. This party must ensure that government functionaries work for the people, whether the party is in power or not. It must embody transparency and democracy and try and earn the respect and confidence of the people by showing that it actually cares for their welfare.

The leadership of this party, especially at the ground level, should constantly engage with the public, so it can understand their issues and work with them to achieve prosperity, and get them their needed access to basic facilities.

The entire structure of this political party must be built on democratic principles, ensuring accountability at every level – from workers to leaders. It should leverage the latest technologies to stay connected and responsive, with party workers always available to assist during crises, natural disasters, or any other challenges the people face.

It is time to create this new type of political party, supported by an amended constitution, so we can enforce fundamental rights and ensure that government institutions serve the people unconditionally. This new political party must redefine governance and make it subservient to the people’s needs and aspirations, regardless of the institutional frameworks in place.

The writer is an advocate of the high court and a former civil servant.