Pakistan has got a new Prime Minister after the recent political impasse in Pakistan. The situation has culminated further with the highest court declared the Prime Minister disqualified. Before that, the court had summoned him on the charge of contempt of court.
However, the President, to draw a way out of the uncertainty, has summoned the Parliament today. In this session, the Parliament has elected a member of the Parliament as its new prime minister.
To draw a background of the situation, we can remember that the highest court of the country not only declared Mr. Gilani disqualified for the post, but also has declared his parlliamentary sit vacant. The court has played its role as per the constitutional provision. The constitution of Pakistan has very clearly defined the role of the executive, legislative and the judiciary and the cut of line is also very specific therein.
Earlier, PPP has chosen Mr. Makhdum Shahabuddin and Chowdhury Ahmed as the upcoming prime minister of Pakistan. Until last night, Mr. Shahabuddin was ahead of the list of the nominees.
But, suddenly, an arrest warrant was issued against him by anti-narcotics court. This time, the court once again has intervened in the affairs of the state with a very strong and confident mode.
Like other democracies, Parliament is the Legislative authorithy of the country in Pakistan. And the balance of power among all the three organs of the state is well-defined and practiced even in the utmost critical political situation, though in some circumstances the reverse has also been observed.
With much criticism, the judiciary of the country has played pivotal role to uphold democracy and rule of law.
As a part of that, the apex court has disqualified Mr. Yusuf Raza Gilani for holding a seat in the parliament and the post of the Prime Minister as he earlier refused to reopen graft cases against President Zardari.
He as a loyal member of the cabinet has done what he though ought to have done. But the Prime Minister had not done what he should have done as a respecting citizen of law. The judiciary as a part of that has very rightly declared him disqualifed as per the provision of the constitution. As per the constitution, if a member of the Parliament is declared disqualifed by any competent court, his seat will be vacant and a result of which he will lose his position in the cabinet.
On a very simple outlook, it seems that the court has intervened into the politics of the country. By declaring the Prime Minister disqualifed and arresting the nominee, the court rather apparently guided the executive to have a new Prime Minister of its own. Though the court has not prescribed anyone for this post, but it has just declared who is competent and who is not for the post. This is within the very jurisdiction of the court as it is the guardian of the constitution. The court has got involved only for the cause of the constitution, rule of law and democracy.
A health balance of power among all the organs of the state is the utmost important phenomenon to uphold and strengthen democracy in the country.
This time, it is upto the new Prime Minister of Pakistan to play his role as per constitution and to let democracy go further. Wheather Raja Ashraf will realise the fact in fact is a question of fact.
The writer is in-charge, Law and Human Rights, banglanews24.com