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Thursday, July 9, 2009

The unhappy ordinance with a happy end

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After preventing the government from slapping the 'carbon tax', the judiciary seems to be willing to face an executive on the 'routine' matters of business.

While auguring well, it sets the stage for a showdown between the two branches of government. In response, the government has issued a Presidential Ordinance in the form of a "Petroleum Development Levy" which attempts to collect the 122 billion rupees the initially proposed "Carbon Tax" was meant to do.

Naturally all these are good signs for developing institutions of Pakistan.

While I should have filled my car tank yesterday when the prices of petrol had been cut by 10 rupees due to the court order, I missed the window of opportunity as within 24 hours, the prices are back to what they were due to the use of an ordinance.

Personal anguish aside, the fact that the Parliament has once again been side-stepped, reflects the tension and conflict that is rising in the pillars that hold this state together. Whereas the earlier order by the court clipped the 'irrational' exercise of decision by the parliament, the Presidential ordinance enters to side-step both the activist courts as well as the irresolute parliament.

Despite the 'powers' seemingly enjoyed by the President, one cannot help but note that by unwittingly utilizing the tool of the ordinance, Zardari has forced the people to start looking at his powers with a microscope. The lawyers are already threatening to hold daily 'dharna' in Lahore and elsewhere until the ordinance is repealed. The civil society, which was already burdened with taxes, and saw the court a harbinger of good news, will join. The media will highlight the conflict on the street to the very end. Analysts and various stakeholders will have a shootout.

In the end, the powers of the President will be permanently clipped with the Parliament reemerging as the central force of the executive and the judiciary emerging as the arbitrar of justice. Or so I would like it to be scripted...

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