Editorial
Fundamental rights are the basic human rights that are guaranteed by the Constitution of Pakistan, 1973. They include freedom of speech, freedom of thought, freedom of religion, freedom of association, freedom of the press, and the right to elect the government. These rights are essential for the dignity, equality, and liberty of the people and are the foundation of a democratic society. Historically, Pakistan was created due to the struggle for self-determination and democracy by the Muslims of the subcontinent, who faced discrimination and oppression under British colonialism and Hindu majority rule. The founder of Pakistan, Muhammad Ali Jinnah, envisioned Pakistan as a modern and progressive state where all citizens would enjoy equal rights and freedoms regardless of their caste, creed, or faith. Therefore, the fundamental right to elect their government reflects the original vision and aspiration of the Pakistani nation.
Legally, the fundamental right to elect their government is indirectly enshrined in the Constitution of Pakistan, 1973, which is the supreme law of the land. The Constitution provides for a parliamentary system of government, where the executive authority is derived from the elected representatives of the people in the National Assembly and the Senate. The Constitution also provides an independent judiciary that interprets and enforces fundamental rights. Therefore, the fundamental right to elect their government is part of Pakistan’s constitutional framework and order.
Politically, the fundamental right to elect their government is crucial for ensuring public officials and institutions’ accountability, transparency, and responsiveness. The people have the right to choose their leaders and representatives through free and fair elections and to hold them accountable for their performance and policies. The people also have the right to express their opinions and preferences through various media and civil society organizations. Therefore, the fundamental right to elect their government is empowering and engaging the people in the political process. Socially, the fundamental right to elect their government is vital for promoting diversity, tolerance, and harmony among the different segments of society. Pakistan is a multi-ethnic, multi-religious, and multi-cultural country where various groups have different interests and identities. The fundamental rights to elect their government allow for the representation and participation of these groups in the decision-making process and the protection and promotion of their rights and interests. Therefore, the fundamental right to elect their government is a way of fostering social cohesion and stability.
However, it is also essential to acknowledge that some challenges and limitations affect realizing and enjoying the fundamental rights to elect their government in Pakistan. The frequent military interventions and coups have disrupted the democratic process and undermined the constitutional authority and legitimacy of the elected governments. The military has often exercised undue influence and interference in political affairs, directly or indirectly, through various agencies and political partners. The military has also been accused of political rights violations, such as free and fair elections, democracy and representations. Furthermore, widespread corruption and nepotism have eroded public trust and confidence in the political system and institutions. Many politicians have been involved in various scandals and cases of misuse of power, money laundering, tax evasion, etc. Many politicians have also used their influence and connections to secure favourable appointments, contracts, loans, etc.
The lack of electoral reforms has resulted in irregularities and malpractices in elections in Pakistan. Some of these irregularities include voting rigging, threats and coercion, discrimination between ethnicities, etc. These malpractices include manipulating electoral rolls, delimitating constituencies, allocating symbols, etc.
The violence and extremism have threatened the country’s security and peace. Pakistan has faced various forms of violence and extremism from different sources, such as terrorist groups (e.g. Tehreek-e-Taliban Pakistan), sectarian groups (e.g. Lashkar-e-Jhangvi), ethnic groups (e.g. Baloch Liberation Army), etc. These groups have often targeted political leaders, candidates, voters, activists, journalists, etc. Discrimination and intolerance have violated some groups’ human rights and dignity. Some groups, such as women, minorities, children, etc., have faced various forms of discrimination and intolerance, such as violence, persecution, slavery, etc. These groups have often been denied or restricted in their access to education, health, employment, justice, etc.
Therefore, there is a need to allow all groups to participate independently in electing their representatives and forming the governments. It is also critical for a federation like Pakistan. Lastly, the people’s right to elect their governments is the most significant political right.
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