At the crossroads, yet again
By Syed Mohibullah Shah
AS in geometry, so in governance, an inverted pyramid is an inherently unstable arrangement and needs external props to hold its unnatural position. In governance, it is also an outdated model because it represents an organisational structure more appropriate for tribal and pastoral societies than for complex commercial and industrial societies of the contemporary world.
Maximilian 1 was the Holy Roman Emperor from 1508 to 1519, during which time Germany also saw the first flowering of Renaissance. A report submitted by an ambassador of the court of Maximilian I describes the style of governance under Ottoman rule as one that, with slight modifications, could well be written by ambassadors based in capitals of some OIC countries today.
“All supreme authority in the Turkish Empire,” the report said, “rests in a single man, all obey the Sultan, he alone rules: he receives all revenues, in a word he is master of and all other men are his slaves.”
Such inverted pyramids of power that govern above and beyond the law, became an endangered species in Europe after Maximilian’s time, and ultimately disappeared after the Industrial and French Revolutions. Both these tectonic events have had a profound and lasting influence around the world in defining the role and responsibilities of the state and society and how the two should be organised for a better discharge of their functions.
That the governance must be according to the due process of law that must guide its working became a pre-requisite for controlling the arbitrariness of mediaeval governance. This quantum change in the character of governance created an enabling environment for societies to lift themselves to higher levels of development from their primitive low levels of existence.
But 500 years down the lane, the law still remains subservient to governance in much of the Muslim world which does as it did in mediaeval times — as if the intervening period and events happened in some other part of the solar system and not on this planet. All authority still emanates from inverted pyramids of power and all major decisions shaping social, economic and political life in countries are taken by them or in their names.
The science of governance, however, has made major strides during these years. This progress has resulted from an explosion of knowledge and its application by the human mind to the challenges faced by societies as they have evolved from tribal and pastoral to commercial and industrial societies of modern times.
Rule of law and democracy, therefore, are not just politically correct concepts of our time. These are necessary features of governance for any state that wants to develop through institutions which could successfully handle the demands and expectations generated by increasingly complex social, economic and political functions of state and society.
Development is a process of transformation of society from lower to higher levels of existence for its members. And this transformation is possible when all members are incorporated in these processes and their endeavours are protected by the rule of law. A system based on inverted pyramids of arbitrary power and authoritarian governance is the very antithesis of this development and incapable of creating enabling conditions to encourage such a transformation.
Rule of law and the due process are, therefore, important stimulants for economic activity. They reduce transaction costs which are the hallmarks of arbitrariness and act as a disincentive to attempts at turning governance into a self-propelling process. Democratic polity helps open opportunities for people, who would otherwise be living in “permanent inequality of conditions”. A successful transformation involves all members in the functions of development which, in turn, are best performed by rule-based governance and not under the arbitrary whims and caprices of individuals.
Take a look at how the science of governance has evolved from the mediaeval to the modern times. Some milestones include: from people having no right to anything, including their life, in mediaeval age to rights of life, liberty and human development of citizens; from rule by inverted pyramids of power to governance through the separation of powers; from rule by individuals to governance by institutions; from rule by commands and directives to decisions taken according to the law.
Denying the people the fruits of progress in governance under one pretext or another – religious or secular – is disingenuous, because apart from governance, we use no such pretexts in benefiting from progress made by the human mind in several other areas of knowledge whether in individual or collective life.
Transportation, too, has evolved and progressed during the last 500 years or so from the horse-drawn carriages to moving men and material by railcar, motorcar, airplanes and space-age travel. These have also evolved in response to the challenges of travel and transportation encountered in the development of commercial and industrial societies and the need to save time and cost.
Similarly, the rule of law and democracy have also evolved as the most appropriate features of a system for harnessing human and physical resources of state and society for achieving higher levels of development in a fair, equitable and efficient manner. The two reinforce each other and must go hand in hand.
Notwithstanding the good intentions of any of the inverted pyramids, no other form of governance opens up opportunities for all members of society, nor is more responsive to their needs than democracy. It is also a bulwark against rule by autocrats, but it also needs to be guided by the rule of law to prevent it from sometimes being turned into a self-serving enterprise. Coupled with the rule of law, democracy also ensures responsible and accountable governance.
In the absence of democratic governance and the rule of law, people’s problems have little chance of being heard, much less redressed. This is why although the press has often been narrating tales of the poor people committing suicide and highlighting the problems of other neglected sections of society, very little is done to redress their grievances. Often, their voices go unheard, their pain and problems unattended and their dreams unfulfilled.
Law, politics and governance are interrelated and reinforce each other. Yet they are also and must remain distinct and distinguishable. Just as the law should not lubricate the cogs of political ambitions of seekers of power, politics cannot be a substitute for governance. Their being indistinguishable from one another has been the bane of the troubled history of Pakistan for most of its 60 years’ existence.
The movement by lawyers over the treatment of the Chief Justice of Pakistan, which has received so much support from other elements of civil and political society, should also cause some soul-searching as to the health of our political system. Four times in the recent past, elected prime ministers and parliaments were sent home packing by military takeovers or palace coups, but the political parties were not able to organise or sustain similar peaceful movements against the treatment meted out to their own leaders. The need for reforms and reinvigoration of the political system is only too obvious as it is for our judicial system.
Many observers, here and abroad, are waiting to see whether the movement launched by lawyers and supported by political parties would lead to the establishment of rule of law and genuine democratic governance in Pakistan through court decisions or the government’s own actions; or would it be undermined by unforeseen factors.
If it creates a framework that combines democratic governance and the rule of law, it would be of lasting benefit to Pakistan and its long nightmare of coups and bad governance would finally be over.
The writer is a former head of Board of Investment and a federal secretary.
smshah@alum.mit.edu

