[Election rigging has led to the collapse of democratic norms, allowing an illegal government to emerge under the military’s influence. The Supreme Court’s role has become one of betrayal, failing to uphold justice while endorsing the status quo.] By Syed Atiq ul Hassan
Corruption in judiciary and law enforcement institutions has permeated Pakistan, eroding the foundation of democracy. Election rigging has led to the collapse of democratic norms, allowing an
illegal government to emerge under the military’s influence. The Supreme Court’s role has become one of betrayal, failing to uphold justice while endorsing the status quo. The judiciary’s inability to maintain electoral integrity has further marginalized opposition parties, and the constitution itself is under siege as the ruling elite manipulates it for their gain. Without urgent judicial true justice, the prospects for true democracy in Pakistan remain bleak.
Pakistan stands at a critical juncture, where its governance and judicial systems are embroiled in deep corruption. A state cannot flourish, nor can governance work for the people, when judicial institutions, police, and security agencies are held hostage by corruption, nepotism, and political favours. The present situation in Pakistan is a striking reflection of this crisis, where the government, backed by the military, has seized power through a rigged election. The democratic rights of the people, particularly the largest political party, Pakistan Tehreek-e-Insaf (PTI), and its leader Imran Khan, have been mercilessly crushed under fabricated charges, with the judiciary acting as an obedient servant to the ruling elite.
The judiciary in Pakistan, traditionally seen as the guardian of constitutional order, has become a puppet in the hands of the military and political elites. Nepotism and political loyalty have replaced merit and integrity in the appointment of top judicial, police, and agency heads. These institutions, instead of protecting the rights of the people, now safeguard the interests of the corrupt ruling class. When the judiciary is complicit in corruption, the concept of justice becomes a farce, and the rule of law is reduced to nothing more than an illusion.
In Pakistan’s current political climate, the judiciary has played a crucial role in the suppression of political dissent. The judiciary, hand-in-glove with the army, has not only failed to deliver justice but has actively participated in persecuting the opposition. The illegal government that emerged following the massively rigged February 8, 2024, elections is a testament to the fact that Pakistan is no longer governed by democratic norms, but by those who wield power through manipulation and coercion.
The recent elections, marred by blatant rigging and interference by the military, have effectively nullified the democratic process in Pakistan. Imran Khan, the leader of PTI, Pakistan’s largest political party, has been thrown behind bars, facing over 200 trumped-up charges. His crime? Daring to stand up to the corrupt system and demand true representation for the people.
Thousands of PTI workers have also been jailed and victimized under fake charges, all in a bid to silence any form of political opposition. The judiciary has turned a blind eye to these atrocities, further undermining the faith of the Pakistani people in their legal system.
The rigged election did not just subvert the will of the people; it also paved the way for an illegal government backed by the army to come to power. This administration, propped up by a corrupted judiciary, is not answerable to the electorate but only to its military benefactors. International observers and media outlets have widely reported on the massive election fraud, yet the judiciary has chosen to legitimize this farce rather than hold those responsible accountable. Such actions have exposed the judiciary’s slavish loyalty to the army, rendering any semblance of impartiality obsolete.
The Supreme Court of Pakistan, once seen as a beacon of justice, has been complicit in this systemic collapse. In its July 12 verdict on the reserved seats case, which recognized PTI as a parliamentary party, the court delivered some key observations that highlight the ongoing crisis. The case, which dealt with the allocation of reserved seats for women and non-Muslims, exposed significant flaws in the Election Commission’s handling of electoral laws.
While the court acknowledged that election disputes involve public interest and the electorate’s right to fair representation, its failure to decisively act against the electoral malpractices that deprived PTI of its rightful participation in parliament speaks volumes. The right of political parties to operate and participate in elections is a fundamental constitutional right under Article 17(2), yet the court did little to protect this right in practice. It limited the scope of penalties on the Election Commission, stating that a failure to allocate a party symbol does not affect a party’s other rights. This decision essentially provided cover for the systematic sidelining of PTI and other opposition parties.
One of the most concerning aspects of the Supreme Court’s handling of the July 12 case was its inability to hold the Election Commission accountable for its errors. The Election Commission had failed to allocate a party symbol to PTI due to intra-party election issues, creating confusion and denying the party its rightful place in the electoral process. The court, while recognizing these failures, chose to limit its judgment to technicalities rather than addressing the larger issues of fairness and transparency in the electoral process. By declaring Rule 94’s explanation, which restricts proportional representation to parties with an election symbol, as unconstitutional, the court acknowledged the flaws in the system but stopped short of providing justice for PTI and its electorate.
The judiciary’s reluctance to fully exercise its powers of judicial review has allowed the Election Commission and the military-backed government to continue operating with impunity. The court’s decision did nothing to address the underlying issue of electoral integrity, leaving the door open for future manipulation of elections.
Perhaps the most alarming consequence of the judiciary’s complicity in corruption is the attack on Pakistan’s constitution. The illegal government, installed through a rigged election, has embarked on a campaign to alter the constitution through the parliament, which was formed under fraudulent circumstances. This move, aimed at consolidating power and suppressing opposition, threatens the very foundations of Pakistan’s legal and political framework. The judiciary, instead of acting as a check on these unconstitutional actions, has given its tacit approval by refusing to intervene.
The judiciary’s betrayal of its constitutional duty to protect the rights of the people and uphold the rule of law has left Pakistan in a state of crisis. The country is now governed by an illegitimate regime, backed by the military and propped up by a compromised judiciary. The people of Pakistan, who have long suffered under the weight of corruption and authoritarianism, are being denied their right to self-determination and democratic governance.
Pakistan’s current judicial and governance crises are symptoms of a much larger problem: the entrenchment of corruption and authoritarianism within the state’s institutions. As long as the judiciary remains complicit in this system, there can be no hope for true justice or democracy in Pakistan. The time has come for Pakistan to reform its judiciary and law enforcement institutions, rooting out corruption and ensuring that appointments are based on merit rather than political favours.
A functioning and just judiciary is the cornerstone of a democratic society, and without it, Pakistan will continue to languish under the weight of its corrupt elites. The people of Pakistan deserve better, and it is only through meaningful and truthful judicial reform and accountability that the nation can hope to rise from its current crisis. Only then can Pakistan begin to build a future where governance serves the people, rather than the interests of the few elites. (The writer is a Sydney-based journalist and editor, Tribune International, Australia. His email address is shassan@tribune-intl.com).
