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Sunday May 05, 2024

Broken constitutions: treason or heroism?

By Parisa Siddiqi
April 15, 2022

April 4, 2022 was supposed to be the day when the opposition constitutionally ousted PM Imran Khan having collected the majority of votes required to pass a vote of no confidence. However, it turned into a nail biting, edge-of-the-seat drama which lasted five days.

In a shocking turn of events, PM Imran Khan blocked the vote of no-confidence, calling it a ‘foreign conspiracy’, dissolved the National Assembly and called for early elections, triggering a political and constitutional crisis. Almost every renowned legal expert condemned the act, calling it unlawful and unconstitutional.

In any civilized country, an act like this would have been met by swift and serious consequences. But in Pakistan, it was met by applause from PM Khan’s supporters. People called the move ‘heroic’, while calling the constitution ‘garbage’. Some passionate Twitter folks went as far as saying they spit on the constitution.

I am reminded of the events in Washington DC last year, when the-then US president Trump spent weeks pumping his supporters with conspiracy theories and false allegations of election fraud which culminated in a violent insurrection on Capitol Hill.

Similar to Khan, Trump refused to accept defeat. “We will never give up. We will never concede”, Trump said, feeding an angry crowd on the morning of the insurrection. Trump also tried his best to delay the transfer of power, continued to rile up his supporters and to spread propaganda through social media campaigns. He criticized lawmakers and senators from his own Republican Party who refused to side with him, and hailed as heroes those who attempted to subvert democracy by trying to stop the electoral votes from being certified. He even called on his own vice president, Mike Pence, to intervene.

Here is where the similarity stops. Pence wrote: “It is my considered judgment that my oath to support and defend the constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.” Even the judges that Trump had himself appointed refused to partake in anything so grossly unconstitutional as interfering with democracy; their duty lay first to the country and its constitutional order, then to their party. Khan has found plenty of enablers.

As I see videos of some overseas Pakistanis in New York dancing and celebrating Khan’s blatant abuse of power, I wonder how they would have felt if the same had happened in Washington DC that day? What if the systems were as flimsy in the US where anyone can bulldoze their way through constitutional protections and procedure? What if Trump’s supporters had succeeded in taking over the Capitol that day? What if the judges he appointed, and the congressmen and senators who supported him, all helped him remain in power unlawfully?

Would these Overseas Pakistanis still be rejoicing? Or would they grieve for American democracy? When they enjoy the protection of a strong constitution and rule of law in the US, why do they not want the same for Pakistan and the people living here?

Thankfully, the Supreme Court verdict upheld the sanctity of Pakistan’s constitution in its landmark ruling, declaring PM Khan’s actions illegal and ordering parliament to reconvene and hold a no-confidence vote that could lead to his removal from office.

Mixed emotions erupted across the country. While many were ecstatic to have the constitution restored, PTI supporters accused the courts of selling out. Our tendency of valuing individuals over institutions, and privileging conspiracy over conscience continues. Today an attempt to subvert the constitution was made by a populist leader with a cultish following, a blue-eyed boy who may just get away with a slap on the wrist. But once we set down this road, tomorrow the subversion could be at the hands of the not-so-favorite ones.

General Ziaul Haq said: “what is a constitution? It is a booklet with ten or twelve pages. I can tear them away and say tomorrow we shall live under a different system. Today, the people will follow wherever I lead.” The ruling of the Supreme Court has made sure we never find ourselves in such a place again. It is a severe warning to all future leaders of this country.

All Pakistanis, whether overseas or not, must speak out not for particular leaders, but for democracy, constitutionalism and rule of law.

The writer is a freelance contributor. She tweets @ParisaSiddiqi and can be reached at: parisasiddiqi@gmail.com