Courts, Constitutions and Authoritarian Consolidation in Pakistan
In 2024, Pakistan has moved in a decisively authoritarian direction. The civilian and military hybrid ruling coalition that came to power in 2022 is using electoral engineering and constitutional entrenchment to consolidate power in the face of popular discontent and resilient political opposition. This process of electoral and constitutional consolidation does not move forward unimpeded, without resistance, and requires capturing and coordinating state institutions. In this blogpost, I show that formal constitutional safeguards provided little protection against the hybrid regime’s capture and weaponization of electoral monitoring bodies.
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Fractured Foundations and Pakistan’s Kafkaesque Constitutional Amendment
Pakistan is in the throes of yet another constitutional crisis. The ruling coalition government, which is heavily criticized for coming to power through blatantly rigged elections in February 2024, launched a campaign to amend the 1973 Constitution in significant ways. After weeks of speculation, the federal cabinet approved a draft on Sunday afternoon, which was approved by the Senate later the same evening. The National Assembly approved the draft today around 5 a.m., with the President assenting shortly thereafter.
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Pakistan’s Qazi Court and Who is Afraid of the Cricket Bat
In a fundamental misunderstanding of classical Islamic law, legendary sociologist Max Weber conceptualised it as ‘Qadi justice’ quintessentially characterized as an Islamic judge “sitting under a tree” handing out informal and irrational decisions. Weber may have been incorrect in his characterization of Islamic law, but the Qazi Court of Pakistan appears to fit that mould. In several decisions, the Qazi Court effectively condoned the unconstitutional delay in elections, suppression of the Pakistan Tehreek-e-Insaf (PTI) of Imran Khan’s election campaign, and turned a blind eye towards a campaign of repression by the military-backed establishment. However, the unkindest cut of them all to Pakistan’s democracy and the legitimacy of the elections was the Qazi Court’s decision denying the PTI its electoral symbol: the cricket bat.
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