Beyond the recent proclamation, the real emergency in Pakistan is power without accountability

Pakistan has endured three constitutions over the years. Initially granted to the nation by its citizens in 1956 and 1973, it was later imposed by a military leader in 1962. The 1973 Constitution, ratified by the people, defines Pakistan as a federal republic. The core principle of a republic is that power is exercised through elected representatives, unlike a monarchy where power is concentrated in one individual.

This republic is a union of semi-autonomous territories, each with its own boundaries and powers, shaped by a written instrument. The federation's stability relies on these territories, which, if dismantled, would jeopardize the federation's foundation. While the constitution can be amended, provincial boundaries cannot be altered in a way that splits them, lest it question the benefits of federal integration.

Emergency powers, while present, cannot be abused to undermine fair trials or provincial autonomy. The president, as the symbol of unity, must be convinced of exceptional circumstances before altering provincial autonomy. The emergency provisions allow federal control over a province only under specific conditions, not at the president's whim.

Unlike the now-defunct Article 58(2)(b), which allowed the president to dissolve elected governments at will, emergency powers are not discretionary. The president must be 'satisfied' based on the presented circumstances, implying personal judgment rather than a mechanical compliance with government advice. However, given the president's decision not to reconsider the government's advice in the recent emergency proclamation, the issue appears moot.

The proclamation's contents, essentially assertions, lack compelling justification, making its legality questionable. It's erroneous to assume that merely having emergency powers in the Constitution legitimizes their use. The constitution's existence and the lawful application of its powers are separate considerations. The emergency provisions can only suspend provisions pertaining to a specific body or authority in a province, not the broader constitutional rights, such as the right to a fair trial.

Enforcing emergency measures in provinces unwilling to accept them is undemocratic and undermines the federation, leading to a rift between the central and provincial governments. Restoration of normal constitutional functioning should be the immediate priority. The core question that merits scrutiny is whether Pakistan currently functions as a true federal republic, as outlined in Article 1 of the constitution.