Imprudent, Inappropriate and Uncalled for!

Some may rejoice it as another landmark decision by the Supreme Court of Pakistan. This is indeed audacious. However, for any student of political science and law, this is not an appropriate step, which a prudent judge might have taken in these circumstances. This is not merely because of the timing of the decision, it is also because of its content. Corruption is indeed a big issue in this country and it should be rooted out. But the deeper roots of corruption go back to the very foundations of the system, to which, unfortunately, the superior judiciary is an integral part.

If a government passes a bad law, we have a mechanism of judicial review to get the law right. Likewise, if a military rule is imposed we can have a recourse to superior courts. If a government is doing badly, we can oust it in the next elections. But where should we go if the Supreme Court errs?

The worst dilemma in this country is that everyone is claiming to have the mandate of the people, except the politicians who are in fact elected by the public. This might be a reflection of how unrepresentative the political system is. It is also true that the judges were restored as a result of popular movement, which was resisted by the current government. However, this does not give the judges an authority to super impose themselves on all state institutions. 

The power vacuum created by inept politicians does not provide a justification to other state institutions to cross their limits. An encroachment on the powers of legislature and executive is condemnable, whether it is by the army or the judiciary. We cannot accept it as a necessary evil.