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Necessary compromise

The real test that coalitions face is to transcend the tactical differences that are bound to arise and persist with the strategic course and political vision that have brought them together. It is evident that the leaders of the new coalition of the Pakistan People’s Party and the Pakistan Muslim League(N), Asif Ali Zardari and Nawaz Sharif have managed to put their differences behind them in the best interests of Pakistan. The compromise solution arrived at on the contentious issue of reinstating the deposed judges of the superior courts has ensured that the larger cause of democracy has not been weakened. The different perceptions of the coalition partners on this issue, despite their March 8 Murree accord, were threatening the survival of the infant ruling alliance. Mr. Sharif, whose election campaign was based on the one point-agenda of “restoration of the judiciary,” wanted their unconditional reinstatement through a simple resolution of parliament. But the PPP was unwilling to take the government into a head-on confrontation with President Musharraf that could result from such a move and preferred the route of a constitutional package for the restoration of the judiciary. The two have now agreed to move a resolution in the National Assembly, possibly on May 12, but there will also be a constitutional package laying down terms of the reinstatement. Importantly, Mr. Sharif has also accepted that the judges appointed to the Supreme Court in the place of the sacked judges will also continue in office. This ensures that at least for now, both leaders have put the interests of the coalition and the stability of Pakistan ahead of their own positions. Mr. Sharif has shown remarkable political maturity in agreeing to this compromise in his dealings with the PPP on an issue that has been at the forefront of his own political campaign.

The judges, and the lawyers fighting their cause, may not be entirely satisfied and are bound to think that only limited success has been achieved in this regard. But realistically speaking, the reinstatement of the judges, especially of Ifthikar Chaudhary, the deposed Chief Justice, was never going to be simple. From a democratic standpoint, it is certainly outrageous that a military ruler can with impunity dismiss top judges, imprison them with their children, and pack the Supreme Court with his handpicked appointees. But given the complex political equations in Pakistan, brinksmanship on the judges’ issue can only make matters worse. For now, the PPP-PML(N) compromise on the judges offers a modus vivendi for all three, while perhaps permitting the embattled president to make a dignified exit later on. Under the circumstances, it represents the best possible solution for Pakistan’s nascent democracy.

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