Whither rule of law?
The areas where the rule of law does not exist are too many to be discussed here. Hence, only a few may be picked up to speak for the rest.
Let us discuss the much talked about public administration situation. This is a vital area as all the activities of the government are carried out by the public servants. The efficiency of the government largely depends on them. Besides, it is an area where the largest number of employees finds scope to earn their bread, as the government is the largest employer. To manage a huge number of employees, the colonial masters (British) had formed various commissions and framed recruitment, promotion (growth and elevation in service) and retirement rules and regulations. These were followed rigidly then for employment of people in various cadre and non-cadre jobs.
These were then considered so fair that young people with requisite qualifications were attracted and competed for career jobs. Once recruited it was thought that his/her job and promotion prospects were protected by law. Some expressed that exit was more difficult than entry since if a job was to go; it could not go at the whim of anybody but through the due process of law. Only the proven guilty persons were to lose their jobs or promotions according to the nature of the offence committed.
For long, during and after the colonial days, rule of law in public service matters were followed and people had little or no grievances. But the rot started from the Pakistani days when a late Field Marshal subjected a good number of officers to his whims and fired them. That episode is known as "three not three"(303).
No single government here alone could be blamed for ignoring the application of rule of law in service matters. The earlier governments did so. In 1992. Many junior officers were promoted illegally to the post of Joint Secretary, superseding their seniors. This was challenged in the court of law. But disposal of court cases being time consuming, many good officers had to retire taking with them the pains of deprivation, while many had to serve under their juniors with pains of humiliation.
The above is the story of the past. But the situation is not much different now.
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