This article categorizes Pakistan as a hybrid regime, as opposed to one operating under deep state, by tracing the roots of military dominance to the colonial Martial Race Theory. In this context, the article dissects who constitutes as political opposition using the lens of legal realism. The article starts by a mapping of relevant laws to explain the legal role of political opposition and compares it to the status of political opposition in the Westminster system, and highlights key differences with the Indian system. The article then posits that in the context of Pakistan’s political and legal history, the political elite has consistently served as the de facto opposition. While the military establishment’s preference for political parties has changed over the years, even in times of direct dictatorial rule, the military regimes have recurrently held elections. Similarly, the establishment has also used political parties with little to no representation in the legislature, along with various statutes as a tool for controlling and curbing the status and influence of the political elite who have, or have had, sizeable representation in the legislative bodies.
Marva Khan Cheema (Mon,) studied this question.