“It is a pity for the nation, which is led by those who laugh at the law, understanding little what the law must have last laughter.” – Judge Asif Said Khosa
OUR vote of no-confidence against Prime Minister Imran Khan was not voted for, and in effect was undermined and made excess on pretext of the so-called vice-speaker’s resolution of National Assembly. This is a serious constitutional situation, because free and transparent vote of no-confidence against in prime ministerstrictly in conformity with procedure is based of our constitutional democracy. Undermine that right and process of but vote of no-confidence is to overthrow both democracy and constitutionalism, thus creating space for but one-party state and rule by law (not rule of law) regime.
Interpretation of law, leading to overthrow or deny of but vote of no-confidence is not just a different or alternative interpretation of Constitution and law, but constitutional fraud that uses the parliamentary process and constitutional and legal provisions as a fig leaf and facade to undermine itself vote of not-confidence which he seeks to realize.
Editorial: Democracy Undermined
Constitutional fraud is a classic example of George Orwell double to talk to know not to know to be conscious of complete truthfulness with a carefully constructed lie, holding two opinions at the same time, which annulled out knowing their inconsistency and believing in both of them to use logic against logic, to reject morality, while making claims on it. But the question arises regarding how such constitutional fraud possible in presence of a written constitution, a democratic process, and an independent judiciary.
How are these scams possible in presence of constitution, democratic process and independent judiciary?
Anatomy of fraud: Any with elementary understanding of constitutional law and knowledge of English language would immediately understand what to deny or cancel vote of no-confidence against Prime Minister Imran Khan, on pretext of alleged violation of Article 5 of The constitution is on best a constitutional joke, and in the worst case, an insult to the Constitution. However, constitutional fraud is a well-established legal fascist tactic consisting of five key strategic elements.
First, the law is used as a fig leaf and facade. This means that cheating entails accepting any absurd and irrational interpretation. of Constitution, law and procedure, in to justify their political goals.
Second, it creates interpretive confusion. As soon as an absurd and irrational legal interpretation is used, it tries to prove that this is a real legal dispute, since more how one interpretations possible of this so-called legal dispute, and therefore the government’s actions cannot be entirely fraudulent.
To read: Why the motion of no confidence was as serious a “sin” as the legal acrobatics of the NA Vice Speaker
Thirdly, it raises a barrier of judicial protection. Because constitutional and legal subversion is so egregious, she tries to shield constitutional fraud, claiming that the courts cannot consider such a matter – for For example, parliamentary proceedings are protected from litigation. review Article 69 of Constitution.
Fourth, it creates illegal facts. on grounds. He tries to call so many changes how result of it is a constitutional fraud that even if the judiciary declares it a constitutional fraud, it will be difficult to reverse the consequences.
Fifth, he seeks refuge in absence of accountability. As a rule, even if the courts find it to be a constitutional fraud, government officials or politicians are almost never held accountable for their actions.
Prime Minister Imran Khan government It was in habit of attraction in constitutional fraud. Presidential link against Judge Qazi Faez Isa was another classic example. of constitutional fraud.
International Brotherhood of the Right: Imran Khan is new to constitutional machinations, but he in good company – right-wing populist leaders like Donald Trump and Narendra Modi also got engaged in democratic/constitutional frauds. Imran Khan and Modi share striking political similarities: both of them use religion, aggressive nationalism, and social security chips (such as Sehat card and the Ehsaas program in case of Imran Khan win popular vote. IN terms of constitutional fraud, they also share wonderful resemblance. Both pretend and claim to believe in parliamentary democracy, independence of the judiciary, freedom of the press and dissent in civil society.
However, while maintaining the formal architecture of these four critical elements of liberal society, they take drastic measures to devastate out these same institutions. Parliamentary democracy is combined with A wish for authoritarian one-party condition; judicial independence is combined with A wish for cooperative judiciary; free press combines with a wish for in media study in positive minor criticism; and disagree in civil society with tolerance of disagreement only against opponents of Decree party.
People point correctly out similarities between trump attack on January 6, 2020 on congressional process of counting of votes votes in presidential elections and the current situation, but there are one fundamental difference: the certification process was led by Vice President Mike Pence. of electing a president, not a vice speaker of National Assembly of Qasim Suri. Unlike Kashima Suri, Vice President Pence understood that if he tailored the certification process to help Trump gets second termsuch democratic/constitutional fraud could spell the end of democracy in America, and as a result lead to his prosecution. Of course not one could ever blame Kashima Suri of having at least some democratic / constitutional literacy and foresight.
Constitutional fraud sets a very dangerous precedent in that any constitutional and legal provision can mean absolutely anything. party wants it to mean how absurd and fatal this interpretation applies to the Constitution and democracy.
In other words, to use by analogy with Orwell, the unlimited state of tomorrow can declare that two plus two equals five. Today, opposition political parties are under control. attacktomorrow target of such constitutional machinations can easily be the military judiciary, media and dissenting voices in society. A mad politician driven only by his unbridled ambitions rule as well as who seeks to destroy basic acceptable principles of constitutional democracy is like forest fire. This fire will eventually burn him and the whole country.
The writer is a lawyer.
Published in Dawn, April 5, 2022
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