Laws cannot ensure public order in a society if not enforced. The philosophy of having laws is to implement them. Even if a society has good, comprehensive laws, it will not achieve stability and prosperity if they are not applied. Afghanistan is unfortunately grappling with the same challenge. The Constitution of Afghanistan is considered the best in the region, but it may be the only constitution that has been violated more than any other law in the world. Afghan governments have unluckily failed to implement the national instrument in its entirety.
Violations of the constitution have begun once again as discussions and consultations between various sides to build electoral tickets and alliances for the upcoming presidential election have picked up steam. According to unconfirmed media reports, two leading presidential candidates have already agreed to compromise the country’s constitution in forming their electoral tickets. President Ghani, who seeks re-election, has concurred with the existence of the Chief Executive post in addition to picking an individual has as his third running mate in violation of Article 60 of the Constitution. Similarly, ex-National Security Adviser Hanif Atmar, who is considered another leading hopeful and President’s Ghani’s main rival in the presidential election, has also entered the race with a similar electoral ticket.
The format of the electoral tickets of the two leading candidates is unconstitutional. The Constitution is very clear on the number of vice presidents. Article 60 states that the President shall have two Vice-Presidents, first and second. Moreover, the post of Chief Executive is also not envisioned in the Constitution.
Meanwhile, the issue of changing the political system is also on the table. If any presidential runner intends to change the country’s political system, he or she has to go ahead with the plan in the light of the Constitution. Any proposed change to the current dispensation without going through a due process is itself a constitutional violation from which the presidential runners, as individuals who need to rally public support, should refrain. Regardless of whether or not the climate in Afghanistan is conducive for a decentralized government system, if the current presidential system is to alter, it should be pursued through channels foreseen in the country’s applicable laws. Otherwise, it is beyond the authority of a presidential runner or political group. Laws are very clear and should be redlines for politicians as are for ordinary citizens.
