Understand the Constituional anarchy - Zaid Hamid

If you can understand the following wisdom, no political snake or media anchor can ever fool you about law, constitution and wisdom of the law.

The Constitution is a man made document designed to facilitate governance. The objective of a written constitution is to protect the state not to destroy it. It gives a general guidelines to decide the rules of the government. But it is humanly impossible to write every threat, scenario and possibility which a dynamic country or nation faces during its civilizational life cycle. Britain does not have a written constitution but they follow tradition, needs of the time and requirements of national security to make new laws and do what is needed to protect their interest.

Nations which are born free always use their wise judgement to carve out new laws and policies from the established principles. In our deen also, we have "Ijtihad" and "Ijmaa" to find new responses to new challenges. The mullahs in deen always resist Ijtihad as they are close minded bigots. Similarly, the political "mullahs" always resist interpretation of Constitution which hurts their vested interests.

Today, Pakistan faces a similar crises. Constitution had never envisioned such a treacherous President and PM and political government, which have taken power illegally violating every constitutional clause and law.

Constitution says no one can come into the parliament if they violate article 62,63 of the constitution. But what to do if this regime has come gate crashing through the NRO? This entire government is illegitimate, illegal and immoral.

Constitution says the President must appoint the caretaker government. But the Constitution does not say how to appoint the caretaker if the President is the traitor writing Memo to foreign powers to destroy the country?

Constitution says caretakers must hold elections within 90 days. But the constitution does not says what to do if the country is under 4thGW and on the brink of NATO/US/Indian invasion. Elections will destroy the country but the constitution has no idea of the threats and wars imposed on the country.

Constitution says that Judiciary must decide cases of terrorism but the constitution is silent on what to do if the judiciary does not hang a single terrorist in the last 11 years despite the country being in the state of war. Chief justice does not allow the army to make military courts but himself is silent why his own constitutional courts are breaking the constitution by not doing their duty?

This is the crisis the country face today. We do not have to follow the constitution in letter in spirit if it does not have answers to the present challenges. We need Ijtihad in the constitution to respond to the present challenges. Supreme Court must not act as "constitutional Mullah" but should do a dynamic ijtihad and interpretations to respond to the threats Pakistan is facing. CJ and the SC are not defense and security analysts. They must take advice from army to interpret the Constitution in the light of threats we face today.

Army and Supreme court must restore order first before any elections, else following the constitution would destroy the country. President cannot be trusted to select caretakers. Army/Supreme court must do it else its anarchy!

To hell with demon-cracy if it brings such corrupt traitors. The whole system is illegal. We want security and defense of Pakistan and a strong patriotic government. The present Constitution does NOT have answers. In that case, SC and army must do what is right, not what is written in the man made law.