Constitutional supremacy has long been a rallying cry for opposition parties in Pakistan. But when these same parties come to power, they often introduce or support laws they once vehemently opposed, raising concerns about political hypocrisy and unseen pressures influencing governance.
An opposition slogan?
Opposition parties in Pakistan frequently accuse the ruling government of undermining constitutional rights. However, when these parties take office, they adopt the same tactics they once criticized.
Speaking to Nukta, Founder Awam Pakistan Party (APP) and former federal minister Miftah Ismail blamed the politicians for using constitutional supremacy as a mere slogan.
"Democracy has never been strong in Pakistan, but what is happening today has never happened before," Ismail said.
He pointed out that both the Pakistan Muslim League-Nawaz (PML-N) and the Pakistan Peoples Party (PPP) were vocal supporters of constitutional rights when in opposition. Yet, once in power, they passed "fascist laws".
Senior journalist Munizae Jehangir suggested that "external forces" influence lawmakers, pressuring them to enact legislation contradicting the constitution.
"The survival of politicians in Pakistan greatly depends on the constitution. Politicians have always resisted and pushed back dictatorial forces in the country," she said.
Pushing unfavorable laws
It has become almost predictable that political parties in Pakistan push through laws that limit fundamental freedoms when in government. These laws are often passed swiftly, without proper parliamentary debate.
A notable example is the controversial Prevention of Electronic Crimes Act (PECA). During the tenure of former Prime Minister Imran Khan, the PML-N and PPP fiercely opposed PECA, calling it a 'black law' that would suppress free speech. However, after forming government in 2024, the same parties reintroduced and passed the law they had once denounced.
Legal expert Saad Rasool explained this shift in stance as a consequence of power dynamics.
"It has always been the desire of the ruler to suppress any voice that challenges him. Similarly, today, these laws are introduced to make sure no one challenges the authority of the ruling elite," Rasool said.
Ismail warned that such laws could backfire.
"The present regime is being supported by forces who, in the past, have supported many like them and have taken back their support just as quickly," he cautioned.
Suppressing the media
Pakistan’s constitution guarantees freedom of expression, but press freedom remains under threat. The country has seen a consistent decline in global democracy and freedom rankings.
In the Economist Intelligence Unit's 2024 Democracy Index, Pakistan dropped six places, ranking 124th out of 167 nations. It was also categorized as an "authoritarian regime".
Similarly, Freedom House's Freedom in the World 2024 report classified Pakistan as "Partly Free", with its score falling from 35 to 32 out of 100, indicating worsening political rights and civil liberties.
Munizae rejected the idea that politicians alone were responsible for suppressing media freedom.
"The only force in Pakistan that has problems with the country's media is the military establishment. I don't think it has ever been a politician's intention to curtail media rights in the country," she said.
Pakistan’s political system remains deeply flawed, with ruling parties consistently prioritizing power over principle. Whether out of self-interest or coercion, they continue to introduce restrictive laws that erode constitutional freedoms.
The question remains: Will Pakistan ever see true constitutional supremacy, or will it always be just another opposition slogan?
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