Pakistan’s Enabling Act

A striking parallel is drawn between Pakistan’s recent constitutional amendments and Germany’s 1933 Enabling Act, with warnings that these changes could severely undermine judicial independence.

YESTERDAY, on 20th October, both Houses of Pakistan’s Parliament passed a Bill by a two-thirds majority, making several amendments to the Pakistan Constitution. Once signed by the President, the Constitution will stand amended. The swift passage of this Bill has raised significant concerns about the future of Pakistan’s judiciary and its democratic institutions.

The primary aim of the Bill appears to be the complete emasculation of Pakistan’s judiciary, the last bastion standing against the imposition of fascism, thereby depriving the people of their rights and liberties by stripping the judiciary of its independence. This legislative move echoes strategies used by other authoritarian regimes.

This reminds one of the Enabling Act passed by the German Reichstag on 23rd March 1933, which enabled Hitler, who had become Chancellor of Germany on 30th January 1933, to pass decrees inconsistent with the Weimar Constitution.

Hitler used this Act to impose a fascist dictatorship in Germany, dismantling democratic checks and balances. Similarly, the amendments in Pakistan threaten to subvert judicial independence, giving the ruling establishment the means to override crucial judicial oversight.

As with the Enabling Act in Germany, these constitutional amendments in Pakistan have been passed through carefully planned skullduggery, chicanery, and deceit. To secure the passage of the Enabling Act, the Nazis employed coercion, bribery, and manipulation.

Reichstag members voted in an atmosphere of extreme intimidation by Nazi stormtroopers, while Communist members were earlier arrested and sent to Dachau concentration camp, with their party being blamed for the Reichstag fire.

Similarly, to pass these constitutional amendments in Pakistan, the Establishment resorted to ingenious trickery, deceit, and manipulation. Lacking the necessary two-thirds majority in either House of Parliament, they coerced some members of Imran Khan’s PTI to defect and vote in favor of the Bill.

A previous judgment of the Pakistan Supreme Court ruled that a defector’s vote would not be counted, but this ruling was recently overturned by a bench headed by the Establishment’s loyalist, Chief Justice Qazi Faez Isa, facilitating the defections.

Impact on the Judiciary:

The amendments also aim to cap the tenure of the Chief Justice and alter the judicial process. This has sparked criticism, with many arguing that it undermines the judiciary’s role as a neutral arbiter.

Critics fear that Chief Justice Isa’s term extension could lead to judicial decisions favouring the government’s interests, as his perceived closeness to the ruling alliance could erode public confidence in judicial independence.

This politicization of the judiciary echoes past efforts, including those under the PTI government, which also sought to influence judicial appointments for political gain.

Political Fallout:

The opposition PTI has been vocal in its opposition to these amendments, labeling them a politically motivated move to consolidate power. With mass popularity but a contentious relationship with state institutions, PTI’s concerns about judicial reform seem to echo broader fears of increasing executive control over independent bodies.

PTI leader Imran Khan has called these amendments an attack on democracy, warning that judicial independence is being sacrificed for the sake of political expediency.

In response to these legislative manoeuvrers, the opposition has expressed outrage, viewing the reforms as part of a broader authoritarian strategy.

However, the ruling coalition, particularly the Pakistan Muslim League-N (PML-N) and its allies, including JUI-F and PPP, has remained resolute in pushing these amendments forward, bolstered by support from defectors within PTI ranks.

MPs from the Jamiat Ulema-e-Islam, led by the opportunistic and unprincipled Maulana Fazlur Rahman, also voted in favour of the Bill.

Also Read: Why I Prefer Imran Khan to Nawaz Sharif

Notably, two senators from the Baloch National Party, including a woman whose husband has been abducted, also voted in favour, contrary to their party’s stance. This coalition has been pivotal in ensuring the Bill’s success, despite widespread protests from the opposition.

In this regard, I tweeted:

“Pakistanis, I suggest you take out ‘janaazaas’ (funeral processions) from your houses with a box containing a copy of your Constitution, instead of a coffin with a body, and take it to the nearest kabristan (graveyard), where you should bury it, saying ‘fatiha’ (a prayer said at funerals).”

Conclusion: Dark days are ahead for Pakistan. As these constitutional amendments take root, the judiciary’s independence, once a cornerstone of Pakistan’s democratic framework, stands at the brink of collapse. The parallels to Germany’s Enabling Act serve as a stark reminder of how quickly democratic institutions can be dismantled when the rule of law is compromised.

 

Disclaimer : PunjabTodayNews.com and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors’ right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabTodayNews.com or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.

Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.

— Team PT