The citizens voluntarily give up some of their liberties in exchange for security, peace and an environment wherein they and the posterity can prosper.
Ever since the creation of man he has lived in some sort of organization starting from hunter gatherers to modern day nation states. By necessity no organization, society or state can function without the set of rules/laws. Consistent with the level of evolution and sophistication of societies these have been tribal, monarchial, dictatorial and democratic in nature. It all flowed from the social contract between the ruler and the ruled. The success and failure of any of state, the highest national organization, corresponded directly with the fairness with which the agreed upon laws are applied in a state.
In modern states, they may have any system of government, this social contract is embodied in constitution. It reflects people’s aspiration, ensures fairness for all, clearly assigns authority and responsibility of different organs of states and federating units. The citizens voluntarily give up some of their liberties in exchange for security, peace and an environment wherein they and the posterity can prosper. It is adopted after exhaustive debate and developing consensus among all the stake holders. Any social contract is an expression of understanding and good intent, missing these, it is worth nothing.
We were able to have consensus constitution in 1973 after 26 years of creation of Pakistan. This too was possibly after trauma of separation of East Pakistan after 1971 war which was in itself an outcome of dictatorial rule/tendencies. 1973 constitution has endured the vagaries of shortsighted, selfish and greedy leaders of both civil and military hue. In the process it has been mutilated and misinterpreted to suit the machinations of those in power. Despite all this we still have consensus on it and must cling to it. In the prevailing polarized environment this provides a rallying point.
Everything flourishes in a culture. We have culture where abiding by law is not a norm, in fact sometime we glorify those rampantly violate it. In the same vein we have proclivity of making exception to the rule and short circuiting the system to extent beyond recognition of its original form. We believe in display of discretion more than having faith in system. This psychological mindset corrodes every system, contract and does so to the most sacrosanct document that is Constitution. This mindset has to change if the state has to function according to constitution.
Anything and everything lose it sacrosanctity if it is trampled over and over again. We do not have an enviable constitutional history but the way it has openly flouted in recent days is sickening and bodes ill for the future. All institutions are trespassing into the domain of others, military establishment leading the way, all in contravention to the prescriptions of the constitution. All political leaders are braying are at each other, court decisions are not respected, terrorism and crime is on the rise, economic meltdown is gathering pace, federating units at loggerheads with each other some even threatening to invades capital. A horrifying spectacle, isn’t it?
Partners in the social contract, the constitution, are the state and the citizens. The state, represented by its institution has a greater role in its preservation and operationalization. This of course does not absolve the citizens of their obligations. But when the state institutions start frequently and grossly violating this contract it loses moral and legal authority over its citizens. The citizens soon follow suit further weakening the social contract. This leads to anarchy where unfortunately we are today.
Where do we go from here? A very complex question to answer but we need to start from somewhere and cannot allow the situation to worsen. The first step is to go back to the social contract on which we still have consensus and binds us despite the difficulties. We must identify departures from constitutional prescription and their consequences. Unfortunately, we will end up with more violations than the its implementation in the sense that it was prepared. We must also find out circumstances which created an environment which provided the justification, though there can be none, for subverting the constitution. Interestingly the perpetrator of this heinous crime went scot free due to protection provided by the institution. A misplaced concept of comradeship and also to keep the door open for future adventures.
The situation cannot be redeemed by an individual alone yet it is one individual who initiates and gradually turns into collective effort. It becomes that much easy when the situation is ripe for the idea. All organs of the state need to get back to their prescribed roles which are clearly described in the constitution. Federation and federating units regulate their functions in accordance with the constitution. This cannot happen overnight but the time has come for this. The way forward is only dialogue and nothing else. Any other way will take us further down the abyss.
The cynics scoff at the idea saying negotiation between whom? If we can negotiate with enemy why not with fellow Pakistanis. We have discontentment in many parts of the country some due to reality and some due to misperception. We need to have dialogue with all such Pakistanis. State institutions are estranged with each other. Through negation and understanding they need to get back their assigned roles. There is undue chasm between establishment and a major political party and between political parties themselves. They need to communicate. It is always actual or perceived excesses that create conflict situation and both can only be resolved through negotiation.
For this to happen we need to create and expand a constituency which as a first step propagates the need for reconciliation and negotiation. This must be followed by engaging the saner elements of all stake holders and engage those who can be accessed easily. We must find common grounds first and agree on easier things to difficult ones. It helps creating an environment of trust. It needs time, patience, selfless commitment and perseverance. The path is riddled with difficulties, frustrations, and disappointments. But unfortunately, there is no other path. Constitution can help us get out of this quagmire though we landed here by violating it. Let’s follow the constitution.
Author; Furrukh Bashir
Chairman Tehreek e Tarraqi o Kamal
