Democracy News

Constitutional Dispute Threatens Pakistani Stability
February 24, 2010
By: Benjamin Russell | Printer Friendly

Pakistan’s Supreme Court suspended two of President Asif Ali Zardari’s judicial appointments earlier this month, ruling them unconstitutional.  According to the court, Zardari did not consult with the Chief Justice in appointing the two judges, one to the Supreme Court itself and the other to the high court in Lahore, as is mandated in the country’s constitution.

The dispute is based on the two parties’ differing approaches to the constitutional mandate, according to Dr. Samina Ahmed of the International Crisis Group, and reflects the country’s ongoing democratic development.  President Zardari claims that he did in fact consult with the court as required, though apparently the Chief Justice’s objections did not sway him to reconsider the appointments. 

The question now is whether Zardari went far enough in working with the Supreme Court or if he violated constitutional requirements by dismissing the Chief Justice’s suggestions.  According to The Jurist, the high court began a hearing on the dispute on February 18th.  A spokesman for the Zardari administration said they would abide by the court’s decision.

The rift between Zardari’s administration and the country’s judiciary has raised concerns over stability in an already shaky democracy.  “If this controversy spins out of control, it certainly has the potential of destabilizing the democratic transition,” said Ahmed in an interview with Radio Australia. “If the transition falters, certainly political instability is the last thing that is needed in a country that is already under huge pressure.”

Sources:

Radio Australia – Constitutional Showdown Threatens Pakistan’s Shaky Democracy

Wall Street Journal - Pakistan’s President and Top Court Spar Over Judges

Washington Post – Court Strikes Down Presidential Order

Jurist – Pakistan’s Supreme Court Challenges President’s Judicial Appointments