Hassan Zaheer

Contemporary global politics is witnessing a tectonic shift in ideas and discourses with political actors and national polities moving to the right. Strongman authoritarianism is on the rise in many nationstates. Demagogues are preying upon the primal fears of their people. The political context of South Asia is not unfamiliar to these political ideas, inasmuch as conservative nationalism has often trumped liberal notions of cultural and political pluralism. This chapter examines ascendant right-wing nationalisms in India and Pakistan with Narendra Modi and Imran Khan as their embodiment. It utilized Foucauldian discourse analysis as a methodology, and the theories of Carl Schmitt as a theoretical framework to deconstruct their political ideas. I show that in cultivating their nationalisms, both leaders articulate common ideas regarding the conception of the nation, sovereignty, and democratic institutions, which combine to increase the likelihood of violent confrontation.

Born in the ashes of the British imperial rule, the statecraft of the postcolonial state of Pakistan is predicated upon the ideas, norms, values, and practices of the British colonial administration as well as the culture of power preceding it. They form the governing precepts of the state of Pakistan especially in regards to state-society relations in the territories existing at the state's periphery. The paper attempted to locate the recent community-led protest in the Janikhel area of the Khyber Pakhtunkhwa province against murder, mayhem, and the management of space by the state in the paradigm of Pakistani statecraft. It applied the theory of Pakistan's strategic culture as a theoretical framework in studying how the state imagines its management of spaces, the people, and the state-society relations in the peripheral territories by taking Janikhel as a case study. The paper concluded that dual imperial legacies of the British and the Mughals as well as the violent making of the postcolonial state embedded an arbitrary and semi-imperial understanding that informed the development of the Pakistani strategic culture from which stems its statecraft. This statecraft possessed an ideating continuity of the British security perceptions toward tribal territories and formed the "frontier mind" of the Pakistani state leading toward a practice of statecraft that is unaccountable and authoritarian, and it is becoming increasingly exhaustive in its approach and regulation of the everyday state.

Contemporary global politics is witnessing a tectonic shift in ideas and discourses with political actors and national polities moving to the right. Strongman authoritarianism is on the rise in many nationstates. Demagogues are preying upon the primal fears of their people. The political context of South Asia is not unfamiliar to these political ideas, inasmuch as conservative nationalism has often trumped liberal notions of cultural and political pluralism. This chapter examines ascendant right-wing nationalisms in India and Pakistan with Narendra Modi and Imran Khan as their embodiment. It utilized Foucauldian discourse analysis as a methodology, and the theories of Carl Schmitt as a theoretical framework to deconstruct their political ideas. I show that in cultivating their nationalisms, both leaders articulate common ideas regarding the conception of the nation, sovereignty, and democratic institutions, which combine to increase the likelihood of violent confrontation.

Contemporarily, the world is experiencing a severe contestation of political ideas as nation-states are increasingly drawn toward finding their relevance in conservative nationalism. With the cold death of Fukuyama's End of History, ideological conflicts are born anew. Illiberal political ideologies are being revived, political distinctions are drawn, discourses are monopolized, and the return of the idea of the sovereign is upsetting the impartiality of legal order. The paper seeks to examine the resurrection of these ideas which are espoused in the politics of Hindu nationalism in the theoretical framework provided by German political theorist Carl Schmitt. His writings on politics, liberalism, and constitution outline a blueprint of illiberal authoritarianism. With the electoral mandate, powerful constituencies, and rising middle-class support, it is critical to develop an understanding of why Hindu nationalism appeals to the society and deliberate over what future holds for the modernity as fringe ideas are now becoming mainstream in India.

In the 21 st century, our geopolitical world is undergoing a disruptive transition where power relationships between various nation-states are defining themselves in varying aspects, most prominently in projecting national power. The globalised nature of the political world requires nation-states to invest enormously in both metrics of power-hard and soft respectively. In this geopolitical context, India is poised to play a more vibrant globalist role in international politics. The election of Prime Minister Narendra Modi and subsequent ascendance of Hindutva rights into Indian socio-political mainstream, sent shockwaves in Indian socio-polity and in the international community regarding the repercussions such religio-militarist dominance might unravel for India and the globe. Yet, contrary to perceptions, BJP-led India is increasingly viewing the soft power elements of Indian foreign policy as crucial to building a robust international profile for the country. However, perils remain intact to sustainable projection of Indian soft power as social development in India is persistently taking a backseat in priorities of managers of Indian soft power. The binary representation of economic development and culture in Indian soft power may in the term long prove to be far riskier and result in a downward trend of Indian soft power projection.

The name 'Arthashastra', is derived from the Indian political philosopher Chanakya's magnum opus literature in statecraft, international relations, strategic studies, economics and sociology. Chanakya, who is often referred to as the Indian Machiavelli, was an Indian teacher, philosopher and strategist, who owning to his exceptional versing of politics and strategy rose to prominence as not the king but the kingmaker. He is one of the most prominent figures in the establishment of the Maurya Empire, which archaeology proves as the first empire to rule most of the Indian subcontinent. The Arthashastra is a political treatise on statecraft, life and geopolitics which Chanakya wrote, predating Machiavelli's 'The Prince' by about 1,800 years. Indian academia, policymakers, military strategists and diplomats frequently predicate their thoughts on this seminal work. The grand design which Chanakya offered in his influential work motivates scholars to historically examine its validity and reinterpret it for modern times. This review concerns a book written on similar lines. 'The New Arthashastra' is a security strategy treatise covering an extensive array of themes pertaining to defence production, regional challenges, internal security, intelligence, cyber warfare, outer space, nuclear warfare, economics, maritime security and proxy warfare amongst others. Brigadier Gurmeet Kanwal (Retd.), the editor of the book, and a distinguished fellow at the Institute for * Hassan Zaheer is a Non-Resident Research Associate at the Centre for Strategic and Contemporary Research. He has done his MA Sociology from the University of Karachi.

Since its inception, Pakistani statecraft borrowed heavily from the methods, models, and mechanisms of governance, law, and legality from the British colonial statecraft. This borrowing enabled the seeping of colonial continuity in the postcolonial contextuality as the new-born state attempts to rule and regulate the people in the same political thinking and state practices as its colonial predecessor. One of the protracted colonial continuity is in the realm of law and legality. This research draws on this historical trajectory as it builds the case of how contemporary political thinking and legal approaches of Pakistani statecraft about digital lawmaking and social media reflect British colonial thought and practices, and how this colonial continuity in law and legality strengthens and empowers a dual-state model in Pakistan. The paper primarily seeks answers to the following questions: How authoritarian legalism is embedded within the nomenclature of digital lawmaking? And how does the Pakistani state use authoritarian legalist approaches in control, surveillance, and securitization over social media? These questions draw upon Ernst Fraenkel’s Dual-State theory as a framework and use a qualitative content analysis methodology to develop the case that the Dual-State in Pakistan rests upon a fusion of legality-repression model to control and dominate all mediums of information.

Keywords: Dual-State, Authoritarian Legalism, Pakistani Statecraft, Law and Legality, Digital Lawmaking

Since colonial times, law and legality have had a complex relationship with the nature of state structure and the character of politics. This complex relationship was intrinsically dichotomous in scope and practice. As a postcolonial state, Pakistan inherited those traditions of law and legality within its sociolegal and sociopolitical frameworks. The present study seeks to underscore the preservation and continuance of the pernicious authoritarian legality in the Pakistani state’s methodical managing and controlling the politics through a dual approach and take cognizance of an intricate and fractious relation between constitutional fundamental rights and arbitrary expression of power by state structures. The research will apply a qualitative content analysis method to study three legislative tools of state control: The National Accountability Ordinance (NAO), the Maintenance Public Order Ordinance (MPO), and the Anti-Terrorism Act (ATA). It will apply the theoretical framework of the Dual-State model that was propounded by Ernst Fraenkel in seeking to answer the following research questions: How does the dual-state model capture the dichotomy of constitutional fundamental rights and arbitrary culture of power in the Pakistani state? How the twofold threats of disqualification and repression are codified in Pakistan’s authoritarian legality? How does the state deploy these twofold threats as state instruments in managing and controlling politics in the country? Given the imbalance in the trichotomy of power in the constitutional framework, the research on the Dual State embedded within the Pakistani state structure is pertinent to understanding the intricacies, nuances, and challenges of democratization and constitutionalism.

Keywords: Authoritarian Legalism, Arbitrary Culture of Power, Dual State, Political Control, Pakistan

Pakistan is no stranger to an authoritarian legalist approach in its lawmaking and practice. The approach is characteristically a protracted legacy of law and legality of British imperial formation in South Asia. The influence of the imperial legacy chronically shapes the ideating milieu, political order, and legal framework that underpins the state structures, forms, and ideas permeating into the expression and exercise of power, authority, and liberty in the post-colony. It decisively shaped and structured Pakistan’s approach toward information and society in favor of protecting and preserving public order at the expense of individual liberty. The study intended to examine the influence of the authoritarian legalist approach in the drafting and application of three digital laws in Pakistan: the Prevention of Electronic Crimes Act (2016), the Personal Data Protection Bill (2023), and the E-Safety Bill (2023). In particular, it seeks two research objectives. First, how the authoritarian legacy in law and legality shapes Pakistan’s digital legal regime, and second, how that authoritarian legalist approach in digital lawmaking erodes constitutional rights and protections. It applied a content analysis methodological approach in seeking to answer the following research questions: How do these laws enable and strengthen executive aggrandizement in Pakistan’s approach to information management and control? How do these laws contravene the fundamental rights enshrined in the national constitution? And what role do these laws play in the fortification of authoritarian legalism in Pakistan? The study found that the persistent influence of colonial continuity in the post-colonial context of political order and legal framework has empowered the Pakistani state to adopt an authoritarian legalist approach toward lawmaking, especially concerning citizens’ constitutional rights and protections. Adhering to an executive model of exercising power and authority in law and legality, the state has ensured with this legalist approach to continually reinforce the executive-minded model and consolidate the centralizing tendencies in state structures and institutions at the price of individual rights and constitutional protections. The processes, structures, and policies underpinning Pakistan’s mechanisms toward information management and social control decidedly shift the political order toward the centralization of power and authority.

Keywords: Authoritarian Legalism, Power, Constitutionalism, Digital Legal Regime, Pakistan

Since 2011, Pakistan has been undergoing a populist ascendance in the politics of Imran Khan. Driving national discourse with this strong populist rhetoric blending religion, national security, and a strong disdain for traditions, law, and parliamentary politics, Imran Khan epitomizes in his politics and speech an authoritarian cult of personality singularly focused on upending contemporary Pakistani political order. This paper intends to study all three phases of power – pre-, in-, and post-, of Imran Khan by applying Paul Blokker’s theory of Populism as a Constitutional Project and discourse analysis as a methodology in seeking to answer the following questions: how Imran Khan’s populist discourses present a competing vision of democracy through popular sovereignty in opposition to parliamentary form? How did he use instruments of demagogic appeal and approaches to manipulate the Constitution? And how dangerous could his populist path to power be to the constitutional democracy of Pakistan?

Keywords: Populism, Imran Khan, Popular Sovereignty, Constitutionalism, Discourse Analysis.

The confluence of national security and tourism in Pakistan plays out in a very intricate manner. There is an acute imbalance of power and authority between the power elite and the people, especially those residing in tourism-intensive areas, where distinct perceptions of security and policing, developmentalist model, and integration in policymaking enable a highly-intrusive, authoritarian securitized environment that is geared toward achieving ‘enclaves of stability’ in the spatiality of chaos. These ‘enclaves of stability’ augments the developmental model of neoliberalism with policing as a regime-preservation security practice underpinning it and an authoritarian centralized model of governance excluding and suspicious of people whose very lives and livelihoods are dependent upon the decisions taken by the central authority without their participation, deliberation, and consent. The paper seeks to understand Pakistan’s perennial problems with approaches to tourism in Gwadar and Gilgit Baltistan by locating these spatialities in the sociological context of the violence, insecurity, and authoritarianism which underpins the structural factors inhibiting a sustainable approach to tourism in these areas.1 The presence of the state and the structures of its force and authority in these spatialities is foregrounded in a historical context in which primacy was given to the securitization of these spatialities and the perception of these areas as pivotal to geostrategic concerns of the post-colony. These concerns resultantly led the state to develop techniques and technologies of control, coercion, suppression, and surveillance and embedded them in the very presence of the state in these areas. However, these authoritarian modes of social control consequently instituted, in actuality, a martial rule than a democratic rule in these spatialities. This martial rule is organized around ideas of religious nationalism bereft of the indigenous ethnic sense of Self, a neoliberal economic model extracting local resources and assets without benefitting the local population, a centralized approach towards governance that espouses bureaucratic management of spaces than being responsively democratic. These ideas cumulatively shape the state’s perception of these spaces as something to dominate than govern with detrimental effects for establishing solid foundations for sustainable tourism.

Freedom, liberty, and authority hold central importance in the foundation of the post-colonial state of Pakistan. The persistent state of competition between these notions in the social and legal structures of the state came to define the framework under which Pakistan exercises its state authority, and understands the human rights and freedoms of the people. Being a signatory of various international conventions on civil and political freedoms, the Pakistani state is obligated to adhere to international standards of privacy, rights, and freedoms for the people in its legal framework. The constitutional rights enshrined in the 1973 constitution are reflective of this adherence. However, the understanding of the Pakistani state regarding the exercise of authority and liberty has been increasingly contested by people whose recognition of their constitutional freedoms is in ascendance. The transition of communication technologies from print to digital media amplified this competition between authority and liberty. The following research intends to study the implication of the Pakistan Electronic Crimes Act (PECA) (2016) and the associated draft law of Social Media Rules (2021) on this competition and the state of human rights in the country. The study will focus on the following set of research questions; what kind of Freedom is conceptualized in these sets of digital legal regimes? How does this conceptualization perceive the notion of state legitimacy and exercise of state power? How does this legal regime reconcile liberty and authority, and how this attempted reconciliation influence state-society relations? And what is the implication of his attempted reconciliation to the state of human rights in the country? The study will apply the theoretical framework by Isaiah Berlin by considering his theory of Two Concepts of Liberty and will adopt a qualitative research methodology of content analysis of the legal regime, and conceptions of liberty and authority in the state structures.

The curricula of Pakistan have always been in the crosshairs of criticism for its predilection towards inculcating radicalization and social intolerance especially in the aftermath of 9/11. Various studies have been undertaken to study the curricula of Pakistan with particular emphasis on dimensions of exclusionary religion and lack of inclusive nationalism. However, no previous study undertaken to study the impact of Pakistan's strategic culture on the content of its curricula. This study seeks to bridge this gap in understanding the curricula problem by studying how Pakistan's strategic culture influences the content of its curricula. The findings of the study are that different epochs in Pakistan influenced the content of curricula. The epochs of Ayub Khan and Zulfiqar Bhutto/General Zia are the two among all epochs which most significantly influence Pakistan’s curricula as elements which their epochs added and reformed in strategic culture had dramatically altered the social mosaic of Pakistani society and state. Therefore, it is pertinent that some elements in the strategic culture of Pakistan should change and thereby consequently guide the content of the curricula in order to cultivate and strengthen an informed, politicized, and cosmopolitan citizenry.

Keywords: strategic culture, education, religion, nationalism, curricula, radicalization, politicization