The Constitution of Pakistan, in Article 7, provides a definition for “the State,” encompassing the federal government, provincial governments, local authorities, and other entities authorized by law to impose taxes.
Apart from the definition provided in Part 2 of the Constitution, the term “State” is not defined anywhere else in the Pakistani Constitution or in any other law. The definition commonly found in political science is purely academic in nature and cannot be cited during any legal proceedings.
Regrettably, many individuals, including TV anchors, media professionals, academics, and self-proclaimed intellectuals, often refer to the “Establishment” as synonymous with the State. In this context, the Establishment commonly refers to the Army, Paramilitary forces, and the agencies under their direct or indirect command. This not only reflects a subservient and dishonest mindset but also indicates intellectual bankruptcy.
Article 2A of the Constitution of Pakistan acknowledges that sovereignty over the entire universe belongs solely to Almighty Allah. The prescribed limits within which the people of Pakistan must exercise their authority are considered a sacred trust.
The Constitution is not only the supreme law of the land but also the most revered document created by human beings in Pakistan. However, it does not specifically detail the structural institutions responsible for various functions within the country. Instead, it emphasises that all forms of bureaucracy, whether civil, military, or judicial, are functionaries bound to operate in accordance with the Constitution and the law.
Typically, the authority to enforce laws and carry out functions derives from the hierarchical organisation of these functionaries. The more disciplined and organised this structure is, the greater their power. However, in daily life, it becomes evident that even the lowest-ranking functionary within these organizations, armed with a weapon, often exhibits a different behavior and receives a distinct reception from both the public and other functionaries within the power structure.
The attitude, behavior, psychology, and reception have their roots in the historical legacy of colonialism. Despite gaining geographical independence on August 14, 1947, we did not immediately attain true independence, which involves breaking free from colonial mindsets and archaic social norms and cultures. Have our bureaucracy, whether civil, military, or judicial, achieved this independence? The unequivocal answer is that, as of today, they have not.
Why does a Station House Officer (SHO) of a police station feel not only superior to others but also believe he has the authority to exercise force arbitrarily, even against essential service providers like doctors and teachers? He often treats ordinary citizens with disdain and humiliation.
The only check on his power lies in the threat of individuals approaching his superiors to lodge complaints, either verbally or in writing. However, this question extends beyond civilian forces to non-civilian entities and their commanders.
Who grants the license to the leader of a non-civilian armed force to overthrow, manipulate, or make economic decisions unrelated to their prescribed functions under the law? The Constitution deems such actions punishable by law, but in practice, accountability is often lacking. The wielding of power, especially through the barrel of a gun, has the capacity to severely distort a person’s cognitive and........