Does the 'system' work? America's defeat in Afighanistan, public will, and does it then compel these The most deplorable manifestation of and the corresponding rise of individuals to work (legislate) in public this 'system is perhaps best glimpsed sino-Russian power is likely to interest? To this end, does our elector in our project for justice. Respectfully. have lasting consequences for the ex al system provide a level playing field, that is. Of course there are good judg- isting rules-based internation designed to elect the most qualified and es, and valuable jurisprudence. But, on al order, and its corresponding deserving candidate from each constit- the whole, is the system really work- systems within various coun- uency? Or, instead, has it become a pro- ing to provide justice to Allah Ditta? Or tries. Despite 20 years of war, cess through which the rich and power is it, instead, destgned in a manner that and more than $2 trillion dol- ful perpetuate their worldly fiefdoms? tips the scale in favour of the powerful lars spent, America and her Why do the same individuals-despite and wealthy? Can we say that the ju- Western allies could not install an insurmountable corpus of corruption dicial system is working, as it should. a sustainable democratic enter charges and decades of public misman- when Allah Ditta languishes in jail for prise in Afghanistan. Why? Because agement-continue to be elected from decades, while Hamza Shehbaz's bail the system that Americans tried to im their respective constituencies, without is heard ever the weekend? Have the er bared pose upon Afghanistan had no real roots any fresh leaderstip coming to the fro? courts asked the State to provide guar- in the cultural and societal realities of Why are political constituencies, much antee for the life of any incarcerated the local people. It had been borrowed like other material things passed-on as patient, other than Nawar Sharif? is from English textbooks of the West-a a hereditary title amongst family mem the system working when Asif Zardari unitary executive, similar to the Ameri- bers? Why does our system' not guard could not be charge-sheeted till No- can presidency: a legislative forum, bor against such abuses, through institu- vember 2020, in a case that was regis- tered back in 19947 Can we say that the The answer to all these questions is system' provides justice when Majeed norms of legal interpretation; and an ex simple: success, in our electoral sys Achakzai (an MPA from Balochistan) ecutive machinery that tried emulating tem', is a function of the candidate's fi has been acquitted after running over a nancial and physical muscle in the con- traffic warden in Quetta in broad day- Afghanistan, thus, is a cautionary tale: stituency, In our'system, there is no way light? Oh, by the way, despite the CCTV SaadRasool that systems that don't have their roots for Allah Ditta and his family to contest footage showing how he killed the traf- in the domestic cultural, societal and re against the financial power (and armed fic warden, Majeed Achakzai was ac- cahorts) of the Waderas of Sindh, the quitted for "lack of evidence't Is the judi- And so, other countries who have bor Sardars of Balochistan, Chaudhrys of cial system working when our courts rowed their 'systems' from the West (in Punjab and the Maliks of Khyber Pak- despite a lapse of seven years, have cluding Pakistan) must ask themselves: htunkhwa. Not only can such (power been unable to convict a single individ- is our 'system working, or do we need ful) individuals browbeat any possible uat in the Model Town massacre? is it to rethink the fundamentals of our con- competitor in their respective constitu- working for the people of Baldia Town encies, they can simply outspend them Factory fire? Is it working for those who To answer this question. let us start during the electoral process. And de lived under Uzair Baloch's terror re- with a humble attempt to articulate the spite strict campaign finance restric gime in Lyari? Did it work for those who objective of a 'constitutional democra- tions, under Section 132 of the Elections were killed during lawyers attack on cy. While legal philosophers and polit- Act. 2017 (which, for example, stipu- the Punjab Institute of Cardiology? As hard as it may be to accept, the differed stipulating the mechanies be spent by a candidate in Senate Elec- truth is that this 'system is not work- of a constitutional framework there tions), our system has never (really, ing We can make excuses for it. Per- has existed a broad consensus about never!) enforced any such tegal require haps our Constitution is not the prob- lem. Maybe the fault rests with a tem' should do: ensure that the collec In terms of the executive, can anyone particular political party, or the Army, tive will of the people, concerning issues argue (with a straight face) that the ser or a few judges, or the culture, er the that relate to welfare of the populi, finds vice-delivery mechanism of our state time, or the people. Maybe everyone expression in the corridors of political, machinery functions without fear or fa is to be blamed. But, incontestably. the vour? Does the thaana, despite all pro- system is not working. It does not nur- As a natural corollary to this objec- visions of the relevant police laws, treat ture deserving and fresh political lead- tive, functional constitutional democra Allah Ditta at par with the local politi ership. It does not deliver basic state cies must develop legal safeguards that cal leader? Patwaar? Does the DHQ bos- services to those who deserve them the compel elected representatives to focus pital? Or the District Commissioner? Is most. And it does not punish the wick on publie welfare; require the appoint- the public education system really de ed or recompense the innocent. Saad Rasool The writer is a in Lahore. He has an LLM in Constitutional Law from Harvard Law rowed from British Partiamentary tradi tional checks and balances? School, He can be reached at: saadipost. harvard.edu. or Twitter tion, judiciary that followed Western the colonial system of the Raj. ligious realities, never work for long stitutional democracy? ical thinkers, all through history, have late that no more than Rs1.5 million will what a constitutional democratic sys ment on candidates for elected office. legal, and administrative power. ed judiciary to punish the guilty and signed to help Allah Ditta's kids com- We need a new system in Pakistan. recompense the innocent; and mandate pete with children from elite private Or, at the very least, we need to amend executive authority to deliver services schools in the dynamic modern world? the existing one in a manner that As hard as in a non-discriminatory manner, with- Does the 'system really do all it can for brings about fundamental changes in the street children? Or the homeless? our constitutional paradigm. We can it may be to Let us try and evaluate our democrat- Or the thousands of women and chil- choose to do so voluntarily. Or we can accept, the ie'system, established under the Islamic dren who are sexually assaulted each wait for Allah Ditta to force our hand. Republic Pakistan, 1973, on the touch- year? Does our 'system' care about the And human history bears witness to 200 children in Thar, who died from the fact that any time people have tak- Starting with the legislature: let us. lackof food and water last year? Does it en it upon themselves to change the is not honestly ask ourselves, divorced of all provide efficacious institutional mech- system, such change has almost al- partisan biases, whether our system anisms to protect the Hazaras of Quet- ways been accompanied by heads on pitchforkes, hung at the city gates. out fear or favour. truth is that stone of these overarching principles this 'system working. elects people who truly represent the ta, or the Christians of Lahore?