Sanctity of Military’s Role in National Affairs

Columnist Dr Hafiz Nazar Hussain discusses the role of military in Pakistan.

Pakistan came into being in 1947 after a lot of sacrifices through a very difficult long political freedom movements spread over decades. The achievement was not a result of any military adventure. The founder of Pakistan, the father of the nation, the visionary behind the creation of our motherland on globe also earned his name and fame through political struggle. Pakistan’s ideology too is based on discipline, unity and firm belief. The real strength of the nation lies in  the development of its institutions, of which judiciary and military carry special significance as both are expected to play a very vital role in the national affairs. The military is considered as a last resort because it is supposed to ensure safety of geographical boundaries as well as national frontiers against external aggression and  internal turmoils. As such any deviation from actual legitimate role may ultimately prove very dangerous for the sovereignty of the country and jeopardize the national interest.

By the grace of Allah, Pakistan is very rich in natural as well as human resources. The main challenge, the nation has been confronting for the last more than half a century is the lack of proper use of natural resources and failure in appropriate application of human talents, which is the country’s biggest treasure. However, unfortunately the sanctity of the military’s role in our national affairs has been made absolutely controversial. In the light of the views expressed and news published during the past four decades, the writers have expressed their opinion for and against any constitutional role in national affairs, the military should be given other than their professional duties. The fact remains that the majority has categorically opposed any role, for this most important institution, in the country’s politics.

The main reasons for the logical opposition of the idea of giving a permanent role to the military in the civilian affairs are, firstly the demerits of any individual and/or institution cannot be considered a merit or advanced as argument for justification to interfere in others’ affairs. Secondly, politicizing or civilianization of  military may lead to confrontation within the institution as well as with political forces and thirdly it is not humanly possible to assign two most important jobs on permanent basis to one institution even if it may be a last resort. Furthermore, it must be remembered that we, as a nation, must respect the guidelines provided by our beloved leader, Quaid-e-Azam Mohammad Ali Jinnah, who is on record having passed his remarks, regarding the role of the military in the affairs of independent Pakistan. On August 14, 1947 he snubbed  a young Pakistani army officer, “not to forget that the armed forces were the servants of the people and you do not make national policy;  it is we, the civilians, who decide these issues and it is your duty to carry out these tasks with which you are entrusted”. Subsequently, on another occasion, he warned an assembly of  officers that some of them were not aware of the implications of their oath to Pakistan and promptly read it out to them.

By and large all the writers who have so far expressed their views either for or against a constitutional role of army in country’s political affairs have not suggested any substitute viable solution in order to safeguard national interest through continuity of policies for the stability of any political system evolved. During the past more than five decades we have experienced promulgation and abrogation of the three constitutions, downfall of the three military regimes, separation  of East Pakistan and the dismissal of the last four elected governments for their follies and shortcomings. Now the question arises, as  patriotic nationals,  should we go for the eighth experiment or try to evolve a system, which may enable us to achieve our objectives of stability and continuity of policies. With full sincerity, honesty, devotion, dedication and firm belief  all of us should make utmost endeavours to pull the country out of political crises in order to  facilitate the removal of economic ills.

The first and foremost requirement is to ensure that all our actions should be abased on justice, merit, equality and taken in the best national interest rather than for vested interest, personal wish and whims. The second most important step is to avoid the repetition of the past bitter experience of downfall of more than half a dozen governments during the last four decades for which the President’s constitutional power should be restored to dismiss the government, if it becomes unavoidable, but only on the advice of a “National Security Council”, formed through a Constitutional amendment, which may comprise: the last  retired Chief Justices from each province and the Supreme Court,  four Provincial Governors, last retired Chiefs of all the three wings of Armed Forces and their Chairman, the elected Prime Minister with the President himself as its head. In case of any emergency, the meeting of the Council may be called either by the President or the immediate past Chief Justice of the Supreme Court who should be a senior member of the proposed Council and the decision taken by a two third majority.  Under no circumstances a serving general should be included in the National Security Council in order to ensure its neutral role to act in case the need arises. The third important measure should be to elect honest, clean and capable people to the Provincial and National Assemblies as well as Senate. A clear criteria including graduation as a basic qualification should be introduced for the purpose. It has become imperative to elect such people, who make real contribution in legislative process as well as enactment of laws framed for the solution of numerous problems the country is facing.

There is no doubt that our country is facing a heap of chronic issues right from tensions over border with India, Kashmir dispute, signing of CTBT, ever deteriorating law and order situation, soaring internal and external debt, huge loan defaults, budget deficits, balance of payment difficulties, shortfall of meeting revenue targets, interference from and conditionalities imposed by International Agencies and donors, alarming increase in poverty to the  gigantic task for its alleviation, sectarian terrorism, rise of fundamentalism, and dealing with militancy, housing for the ever increasing population, rule of law, restoration of confidence in the government, across the board accountability, stern action against defaulters, massive smuggling, imposition of GST at retail level, leakage of revenue through Patwari culture and other collecting machinery from various taxation resources.

Other major issues, to be attended on priority, which are posing main challenge include: necessary arrangements to make the devolution of power at grass roots level, a success, which is  a new experiment the Government of Pakistan has made, inter-province as well as centre-province harmony, elections to the Provincial and National Assemblies as well as Senate within stipulated period i.e. by October 2002 in accordance with the directives received from the Supreme Court of Pakistan through its judgement passed to validate the military take over on October 12, 1999 and Islamisation of economy in Pakistan in the light of the judgement passed by the Federal Shariat Bench of the Supreme Court of Pakistan on December 23, 1999. This historic judgement has become a case law and has to be implemented in the country sooner or later. But the irony of fate is that the Government is finding  its implementation very difficult and  trying to postpone it as far as possible, whereas in reality the solution to the country’s all economic ills lies in the compliance of directives stipulated in the Court Order.

There are certain hard facts of life, which we have to keep in mind if the country is to be placed on a right track in order to achieve the objective of  a sustained growth. The first and the foremost aspect is that the national cause should have priority over personal gains i.e. vested interest, legislative bodies should be elected through free and fair elections like Yahya Khan’s one or even better than those which are still quoted as exemplary exercise but we must remember that democracy with corruption shall not provide any relief to the people. The corruption is so deep rooted in our society that even the father of the nation, in his first speech, had declared “bribery and corruption as one of the biggest curses, which India was suffering”. Since the creation of Pakistan, certain half hearted measures have been taken from time to time without any concrete results. This menace may be minimized if not totally eliminated through appropriate legislation and its effective implementation for the purpose.

On the economic front the task is equally daunting for a debt ridden nation like ours. Although it appears to be a formidable task yet the economy may be revived and poverty alleviated provided suitable measures are adopted in the best interest of the nation. The reasons how we went into debt trap are almost open secret. After getting independence in 1947, the ratio of foreign funds flow, like other newly born nations, to our country was around 97% to 3% (internal). Despite increase in our internal mobilization of  resources the ratio is still nearly 70:30 which is very high in order to get rid of debt burden.

The most unfortunate aspects of the debt phenomenon have been the conditionalities imposed by the international agencies and donors, the misappropriation of funds received, misuse of power and the abuse of authority by the people at the helm of the affairs. The debt has always been repaid and/or rescheduled in accordance with the directives received from the international agencies and clubs whose interference has gone too far to sustain. Even at present the terms are dictated for the release of funds. One wonders how the nation shall come out of debt trap if the vicious circle continues through swaps and the debt burden and its accumulation goes on unabated as in accordance with the statistics released by the World Bank, billions of dollars, which are much more than the present figures, shall be required for structural   adjustment by 2003-4. As such the Government have to take specific measures with a view to arresting the ever increasing debt accumulation trends.

Despite all the difficulties, we may bring the country out of turmoil and crises through equal justice for all segments of the society. However, appropriate measures are required in order to tackle each problem according to its nature and sensitivity. The present Government, like the previous regimes, is trying to set up the systems of their own choice by making far reaching changes in the existing structure. But the real test is how the transition takes place. The outcome of various efforts so far made shows that the results are not upto the expectations of the frustrated and desperate masses who pinned their hopes with the change, which took place on October 12, 1999. The devolution plan is the latest example as public is facing a lot of problems because  proper arrangements had not been put in place and people by and large are suffering due to lack of appropriate measures taken for the proposed change, although a large number of advisors and task forces had been working on this agenda and the public was mentally prepared for the new system due to its publicity through electronic as well as print media.

Basically the reforms agenda loses its charm for a common man as well as institutional set up, once plans are disclosed by any Government in power, and the aims and objectives indicate to perpetuate  the rule of any party or the present regime instead of the evolution of a system which should automatically take care of the national interests in the routine as well as in exigencies. Consequently, the masses start becoming disgusted and ultimately rise against the rulers to get rid of them. This is what happened to all the previous Governments and the present regime, with a limited validation through court order shall not be any exception.

God forbid, if the present Government  could not give a viable system without involvement of the military in politics for the sanctity of their job and with a view to preserving their status of a last resort and in order to avoid their confrontation with masses like before through political forces as well as other vested interests, which have been playing their specific role from time to time, it shall be very harmful for the national interest. We all, as sons of the soil, are under moral, material, ethical and legal obligations, not to blame each other at individual as well as at  institutional level, learn lesson from our previous mistakes and put our heads together in order to pull the nation out of both political crises and economic turmoil.

I, very honestly with full devotion and dedication for our motherland, but strongly feel that it is high time for us all not to forget the debacle of 1971; which separated our one arm and defaced not only Islamic History but also torn our beloved Pakistan’s geography. We must also learn lessons from the follies, all the previous Governments committed, study the events  of their downfall and accept the realities instead of advancing false and pretended arguments for ulterior motives and vested interests. The contents of Hamoodur Rehman Commission Report should not only be read very carefully but also remembered and kept in mind while deciding the matters of national interest, particularly the constitutional role of the military in the civilian affairs. The country needs a viable system irrespective of the fact who comes and goes within a constitutional framework automatically.

A number of Committees are already working on various subjects. However, if requried, I,  as a student of Law, Banking and Finance, along with a group of committed and dedicated overseas Pakistanis shall feel honoured to assist the Government of Pakistan in any manner we fit for in general and on the following two issues in particular:

1. To get the Provincial and National Assemblies as well as Senate elected through free, fair and transparent elections, which shall provide  basis for a stable Government.

2. To get the judgement passed by the Shariat Bench of the Supreme Court of Pakistan on December 23, 1999 for Islamisation of economy, implemented through evolution of a process for the purpose without any transitional problem.

The assistance will be provided to the existing committees already working to achieve these objectives as our contribution from the overseas Pakistanis in the national interest for the smooth accomplishment of both the jobs within the stipulated periods as per court rulings.

Note:    The views expressed in the article are exclusively that of the author.

About the Author

• B.Com. (Hons.), M.A. Economics, LL.B., CMIBP, DAIBP, Ph.D. (in Banking Law) and holds a Diploma in Islamic Banking and Insurance.

• A Banker-cum-Lawyer with more than 35 years experience with effect from 1966 to date.

• A life member of the Institute of Bankers, Pakistan.

• Fellow of Institute of Bankers, Pakistan.

• Fellow of Institute of Islamic Banking and Insurance, London, U.K.

• Associate Member of Chartered Institute of Bankers, London, U.K.

• Member Punjab Bar Council.

• Registered for  Legal  Practice as an Advocate High Court.

• Life member Lahore District Bar Association.

• Member Bhalwal Bar Association.