In a democratic system of the government no individual has absolute power, instead different state institutions have different responsibilities and powers given to them by the constitution, while some people, having certain positions as per the constitution, use these powers on behalf the concerned institution while remain in the ambit of the law.
Pakistani constitution is a comprehensive document which has clearly decided the powers and responsibilities of all state’s institutions but despite this the nation is facing a worst constitutional crisis created by the war of power among different institutions specially between judiciary and the legislative. The reason is nothing but an ego and personal interests of some individuals who enjoying highest positions in the country.
The constitution is clear that whenever any assembly in the country dissolved the election of the respective assembly will be held within 90 days. Some three months back Punjab and Khyber Pakhtunkhwa’s assemblies were dissolved and as per the constitution it was necessary for the government to hold general elections of these assembly within the time of three months. But the government was not willing to do so and still it is not in favor of holding elections in both the province before October 2023.
On this, the matter reached to the top court of the country and it order the Election Commission of Pakistan (ECP) to ensure the polls in the provinces as per the constitution, but electoral body failed to follow the Supreme Court order as the government is not ready to provide funds and security for Punjab elections. When the government denied to provide fund to ECP for elections the top court directly ordered the State Bank of Pakistan to provide the proposed funds to ECP, but the government still making hurdle in the provision of funds.
In this regard, the National Assembly on Monday disapproved a supplementary demand for a grant for elections in Punjab, with the observation that only the Lower House of Parliament had the authority to give any amount from the Federal Consolidated Fund. In short, the government is not ready to follow the order of the top court.
While on the other hand, if we keep in view the track record of our judiciary it is not good too. In the past the judiciary has made various controversial decisions regarding the political system of the country and it is also the creator of the doctrine of necessity. As far as the recent constitutional crisis is concerned a section of law experts are of the view that the top judges are trying to promote their personal agenda instead of making decision as per the constitution. So, in this situation it is difficult to say that who is more responsible for the constitutional crisis, the judiciary or the government. But it is clear that due to the inflexible attitude of both these institutions the crisis is deepening day to day and if serious attitude does not adopt for solving the issue it will cause irreparable loss to the nation.
