Wednesday, December 5, 2007

with many withouts

After shedding his military uniform that he notoriously claimed to be his skin, Pervaz Musarraf took the oath of office as the thirteenth president of Pakistan, pledging to "preserve and defend" the Constitution. But which constitution is he referring to? If his oath is to "preserve and defend" the Constitution of Pakistan that he himself has suspended, then doesn't such pledge bring this hypocrisy into the open?
Theres another paradox: Here is a President without a parliament. Doesn't his "election" by the expiring parliament raise a plethora of legal and constitutional questions about its legitimacy? By violating the letter and spirit of the Constitution, and by savagely sacking the higher judiciary, he got himself elected by an outgoing parliament, which has no power to elect a new president.
Then the so- called chief justice, who administered Musharraf's oath, did not himself take the oath of office under the Constitution of Pakistan; rather he took oath under the PCO. Isn't his elevation to this position the product of Musharraf's flagrantly illegal and unconstitutional dismissal of the higher judiciary?