The Supreme Court this week warned Prime Minister Shehbaz Sharif’s government of “consequences” if it did not comply with a ruling directing it to release Rs. 21 billion to the Election Commission of Pakistan (ECP) for the conduct of elections in Punjab and Khyber-Pakhtunkhwa. If the government complies, all signs point to the Pakistan Tehreek-e-Insaf (PTI) securing a majority in the polls, which its rivals warn risk hampering the conduct of free, fair and transparent general elections. A return of PTI chief Imran Khan as prime minister also raises concerns of political retaliation and international isolation. It is, thus, no surprise that the Supreme Court’s ruling is being seen as tilting the scales in favor of the PTI, hampering its moral authority at a time when it is most needed to resolve a political crisis fostered by polarization.
Legal experts increasingly point to the Supreme Court moving beyond arbitrating political disputes to “playing a tutelary role of its own within the political system” that violates the separation of powers. Perhaps the crisis would not seem so ominous if divisions within the Supreme Court had not become public, but as it stands, the crisis has moved beyond politics with judges of the two camps within the court now finding support among the public based on political affiliation. This, needless to say, is not a positive for any “impartial” judiciary, as any rulings would appear to be adjudicated on the basis of what’s “popular” rather than “fair.”
Questions over the conduct of the Supreme Court are not restricted to Pakistan; it has also come under international scrutiny because it “impacts and intervenes in political processes and outcomes of the country.” Contrary to the past, its actions and internal divisions are no longer concealed, with scrutiny exposing the actions of the judges—and the chief justice in particular. Unfortunately, the rift within the judiciary reflects the divisions within Pakistani society and has triggered a fresh debate over whether national institutions are free of political bias. To come to the crux of the matter, the Supreme Court has succumbed to the same crisis as the country’s electorate, which can only hurt a Pakistan that needs impartiality and transparency to adequately adjust to shifting circumstances.