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Reviving Jirgas: undoing constitutional gains

19 23
18.07.2025

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 It abolished FATA's special status, repealed the FCR, extended the jurisdiction of the superior judiciary and brought its people under the same constitutional protections as other Pakistani citizens.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........

© The Express Tribune