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Express Tribune
6 days ago
- Politics
- Express Tribune
Reviving Jirgas: undoing constitutional gains
The writer is a former Secretary to Government, Home and Tribal Affairs Department and a retired IGP. He can be reached at syed_shah94@ Listen to article Recent discussions at the federal level about reviving the Jirga system in the merged tribal districts are deeply concerning and deserve serious national scrutiny. These proposals, if pursued, will mark a dangerous reversal of one of Pakistan's most significant constitutional reforms — the merger of the erstwhile Federally Administered Tribal Areas (FATA) with Khyber-Pakhtunkhwa under the 25th Constitutional Amendment carried out in 2018. Let us be clear — this is not a benign attempt to honour local traditions. It is a calculated effort to restore an extra-constitutional governance system that historically denied due process, judicial recourse and civil rights to millions. The Jirga system, once embedded in the draconian Frontier Crimes Regulation (FCR), operated without legal representation, judicial oversight or accountability. Its revival would amount to institutional regression — unconstitutional, undemocratic and unjust. The 25th Amendment was not a cosmetic change. It abolished FATA's special status, repealed the FCR, extended the jurisdiction of the superior judiciary and brought its people under the same constitutional protections as other Pakistani citizens. It was a democratic milestone that ended over a century of legal and political isolation. Undoing this would mean reneging on a solemn constitutional promise. Under Pakistan's federal structure, the Constitution clearly delineates the domains of the federal and provincial governments. Justice administration and local governance are provincial subjects. Any attempt by the federal government to reintroduce Jirgas in the merged districts — whether directly or indirectly — would violate these constitutional boundaries and erode the authority of provincial institutions. Worse still, such a move contradicts the spirit and letter of the National Action Plan (NAP), which aimed at integrating FATA into the national mainstream through constitutional, legal and administrative reforms. Reviving Jirgas undermines this integration and promotes the dangerous notion that certain regions are unfit for constitutional governance. Proponents of Jirga revival often frame it as a culturally rooted mechanism for community-based dispute resolution. However, historical realities contradict this romanticised view. The Jirga system was an instrument of colonial control, working alongside political agents under laws that enforced collective punishment and denied civil liberties. Far from resisting militancy, these structures often coexisted with non-state actors and failed to provide justice or security. One must ask: before the merger, did Jirgas ensure justice? Did they resist militants? The answer is a resounding no. The pre-merger system fostered a dual governance structure — state-imposed on one side and militant-enforced on the other. The merger was intended to end this dangerous ambiguity and place the region firmly under constitutional rule. Rolling back this reform would restore that confusion and embolden non-democratic forces. It is important to acknowledge that progress since the merger has been uneven. Governance remains weak, development inadequate, and public services insufficient. But the remedy lies in accelerating reforms — not abandoning them. Instead of reviving outdated systems, efforts should focus on strengthening local governments, expanding the formal justice system, ensuring equitable development and building trust in constitutional institutions. The socio-economic realities of the merged districts are stark. With a population of over 5.743162 million across 27,000 square kilometres, the region remains among the most underdeveloped in the country. The literacy rate stands at a dismal 33%, with female literacy as low as 12.7%, compared to the national average of 47% for women. Healthcare infrastructure is alarmingly poor, with one hospital bed for 2,574 people and just one doctor available for 6,630 residents. Only 43% of the population has access to safe drinking water. These figures point to decades of neglect. In 2015-16, a mere Rs19.7 billion were allocated to development activities for the entire region. Such chronic underinvestment contributed to the backwardness and governance vacuum that the merger sought to address. The solution lies not in reviving Jirgas but in redoubling efforts for institutional reform and economic uplift. Reinstating the Jirga system would not only roll back hard-won constitutional rights but also reinforce a narrative of exclusion and inequality. It sends a chilling message: that some citizens are less deserving of constitutional protections than others. This is not only unlawful — it is unacceptable in a democratic polity. The path forward is clear. Uphold the Constitution. Empower elected local institutions. Strengthen formal justice mechanisms. Honour the promises made to the people of the merged districts. The constitutional integration of these areas is not just a legal matter — it is the foundation of any lasting peace, justice, and development. Pakistan made a historic and bold choice by extending the full scope of constitutional rights, responsibilities, and protections to all its citizens. To retreat from this commitment would be to step back into a legal and institutional darkness that the country can ill afford.
Business Recorder
08-07-2025
- Politics
- Business Recorder
ANP denounces Jirga system restoration
PESHAWAR: Awami National Party (ANP) central spokesman Engineer Ihsanullah strongly denounced the federal government's decision to restore the Jirga system, calling it an unconstitutional and regressive step that undermines provincial autonomy, justice, and democracy. The party central spokesman Engineer Ihsanullah in a statement here on Monday stated that the decision was a direct attack on provincial autonomy and an attempt to impose a tribal system on the entire province of Khyber Pakhtunkhwa. He argued that the 25th Constitutional Amendment, which merged FATA with Khyber Pakhtunkhwa, was a historic step towards integration and however, restoring the Jirga system undermined this integration. The ANP spokesman highlighted that the judiciary and judicial system were provincial subjects under the 18th Amendment. The federal government's move to impose Jirgas on Khyber Pakhtunkhwa was seen as a violation of these powers. The party's leader pointed out that Jirgas had historically been used to deny justice to women, children, and minorities, and to impose informal punishments, which was against the principles of justice and equality enshrined in the Constitution. He reminded that the Supreme Court had already declared Jirgas and their punishments illegal in a 2020 judgment. The party demanded that the federal government respect this ruling. ANP demanded immediate dissolution of the committee formed to oversee the restoration of the Jirga system. The party insisted that any reforms or changes in the judicial system should be done in consultation with the Provincial Assembly. ANP suggested modernizing district courts to provide timely justice to rural areas and establishing special judicial benches for women and minorities. ANP viewed the restoration of the Jirga system as a regressive step that would push Khyber Pakhtunkhwa back into a dark age. The party vowed to oppose this decision in every forum and reaffirmed its commitment to building a modern, just, and constitutional province. Copyright Business Recorder, 2025
Express Tribune
17-02-2025
- Politics
- Express Tribune
Trust politicians and let them talk, says Fazl
ISLAMABAD: Jamiat Ulema-e-Islam chief Maulana Fazlur Rehman has proposed a plan to bring the country out of its current predicament – hand over the country to the politicians and let them talk to each other, and trust the civilians in running the affairs of the state. Speaking on the floor of the National Assembly on Monday, Fazl painted a difficult scenario of the country, saying that the government had lost it writ in two provinces, and so much so that the even the prime minister did not know that jirgas were going to Afghanistan. At present, Fazl said, there was no civilian authority in the country and there was no ideological politics either. The establishment took the decisions and the government rubber-stamped the decisions taken in closed rooms. "Hand over the country to the politicians, and let them talk. If politicians are not allowed to talk to each other, how will the country run? Trust the civilian leadership," the JUI-F chief told the house. "The path of negotiations should be adopted and the path to war should be shut," he said. "The government should admit that it has no writ in the two provinces. In many areas of K-P (Khyber-Pakhtunkhwa) and Balochistan, the police had already evacuated the check posts. Now the other security forces have also evacuated," he added. The JUI-F chief said that there are six or seven districts of Balochistan and "if they declare their independence today" the United Nations would recognise them. In the present scenario, he warned, the country could lose its part. Firing a broadside against the government, he charged that the prime minister did not know about the Jirgas [tribal delegations] going to Afghanistan. "The assemblies are not representatives of the people and no public representative or minister is in a position to face the people," he said. He said that the government might lash out at Afghanistan out of anger, but it was not willing to look at its own deeds. He asked which atrocity had not been committed against the people of Afghanistan, and yet "we considered them to be supporters of Pakistan", he asked. Before the elections last year, Fazl said, he had a successful visit to Afghanistan but process initiated by him was stopped. "I went to Afghanistan. I spoke to them, which [the meeting] was very positive," he said. "Who sabotaged the positive talks with Afghanistan?" In a further criticism of the government, Fazl said that the decisions about the country were being taken in the Security Council, while the national economy had been handed over to the international organisations. "IMF [International Monetary Fund] delegations are coming every day. The IMF meets the chief justice, the Supreme Court Bar. What the IMF has to do with the judiciary? In defence matters, we have the bombs and missiles but the authority to use them will be with international organisations." He also accused the government of betrayal on the madrassa bill. "The madrassa bill was passed during the 26th Amendment, but the president said expressed reservations. Then it was passed by the Centre, and not it was being stalled by the provinces." Referring to the situation in Gaza and the plans of the US president Donald Trump to evacuate it, Fazl warned that the US president might not "stop at Gaza rather he can occupy Waziristan tomorrow". He stressed the need for the house to take important decisions with collective wisdom. In response, Law Minister Azam Nazir Tarar said the JUI-F chief was asking for talks with those people who backed out on their own words, adding that they want release of prisoners from jails. However, instead of listening to the law minister, the entire opposition, including the JUI-F walked out of the house.
