Proposed Constitutional Amendments Package

Columnist Syma Nasir examines the NRB proposals.

Government has issued the proposed constitutional amendments to constitution  on 26th June 2002 for debate. Nowadays, national press is loaded with comments/views regarding the proposed amendments. There are voices that  are for the package and many are against it. President of Pakistan is meeting with political leaders to discuss the package. The first instalment of the proposed constitutional amendments prepared by National  Reconstruction Bureau include a reduction of term of National Assembly to  four years from the present five years and of Senate to four years from the  present six years. Only the term of the President will not change and will  remain of five years. Graduation has been fixed as academic qualification for the candidates for National and Provincial assemblies. Similarly a  political parties ordinance has also been issued where all the parties  have been instructed to provide various details by a specific date and other  proposals in the political parties act include restricting election  expenditure to Rs one million, no banners, no public meetings etc. Increase  in seats of National Assembly from present 207 to 357 according to  population census of 1998, increase in women and technocrat’s seats to 60 and 25 respectively, increase in Senate seats to 100 from 87 out of which 66  will be general and rest for women  and technocrats from each provinces, creation of National Security Council, increase in senate powers etc is also  a part of the first package. Second part/instalment of the proposed  constitutional amendment package has also been announced by the federal Government. It proposes that all the heads of constitutional posts including  Chief Election Commission, Auditor General, Chairman Federal Public Services  Commission, Supreme Judicial Council, Chairman Joint Chiefs of Staff  Committee, Heads of armed forces, Governor State Bank, Member of Central  Board of Revenue, Chairman NAB and Chairmen of provincial Public Services Commissions  will be appointed by the President. The appointees will serve for their  complete respective terms. It is also proposed that any constitutional  amendment will have to be brought out 60 days before for public opinion  before it can be presented to assembly for discussion. The term of Chief Election Commissioner is proposed to increase to 5 years from present 3  years. Governor State Bank and Auditor General will also have a term of five  years. Changes for increasing provincial autonomy and to strengthen the  autonomy of State bank of Pakistan have also been proposed. Similarly,  amendments will be introduced for the protection of local governments.  Proposals regarding concurrent list are also a part of the second set of the  package. A person who have been a PM or CM for two times have been made  illegible for the same for a third term and presidential order 19, 2002 has  been issued to this end. Similarly, loan defaulters and defaulters of WAPDA, KESC, PTC as well as those convicted for crime by the courts will not be  able to contest elections. What is not clear so far in that how this  proposed constitutional package will be made a part of constitution? Whether a presidential order will be employed to do the same or the rules  will be followed and it will be responsibility of the elected parliament  after October elections to make it a part of constitution.

The proposed constitutional amendments and other related orders issued by  the President have been severely criticized by various groups/segments. They  are presenting various arguments for their criticism of the proposed  package. The debate is so hot that President of Pakistan General Pervez  Musharraf addressed the nation on the subject. In his address to the nation,  he tried to convince the nation that the proposed amendments to the  constitution have been designed with best intentions.  President of  Pakistan defended the proposed constitutional amendments package on the  grounds that in the past, politicians created so much mess and to check such  practices in future a mechanism is required to be evolved and the proposed  package of constitutional amendments is an effort to achieve the same end.  This claim of the President has been refuted by the politicians that it is  an effort to concentrate all the powers in the office of president rather  than an effort to create a system of checks and balances. The only objective  it was declared by the president of the revival of Article 58-2(b) is to  avoid material laws in future. It was announced that not only the  above-mentioned article will be revived but few additions will also be made  in it. Speaking about the National Security Council, it was declared that it  would also include the leader of opposition as well apart from other  members. Further the decision to sack the prime Minister under 58-2(b) will  be taken by the National Security council and not by the president. Then a  provision will be introduced to sack only Prime Minister and cabinet where  required as it is not necessary to dissolve national Assembly in every such  case. One good thing about the address of President was that the proposed  constitutional amendments are proposals and open to modifications. It was  also declared at the time of issuances of these proposed amendments that the  same would be discussed with journalists, editors, political leaders, and  with all other concerned and after discussions it will be finalized with  certain changes if required. This is really good due to the fact that this  package has been put on debate and if modifications are suggested by the  concerned quarters that can serve the purpose of checks and balances, in a  more efficient way and which is acceptable to everybody, nothing will be  like that. It will help in reducing the dissatisfaction of many segments of  society regarding the proposed package and will pave the way for smooth election and onwards. Nowaday’s, President of Pakistan is having meetings with concerned where this package is being discussed and changes have been proposed by various stakeholders. It is hoped that president’s discussions  with the politicians will be fruitful and as a result politicians will leave criticism for the sake of criticism and on the other hand if a more  acceptable and workable solution / amendments / additions are brought  forward which can serve the cause of creating a regime of checks and  balances, government will be fair enough to give it a due consideration. It  is the best way out of the situation and is also in the best interest of the  nation and country. The President’s address was an effort to take the nation  into confidence regarding the proposed constitutional amendments as a lot of  criticism is being made on the proposed package. The most hard criticism has  been made to the creation of National Security Council, with observations  that this creation will subordinate the right of parliament which is an  elected body, hence   killing the soul of real democracy and to the condition  of graduation for the candidates of national and provincial assemblies. At  the same time it has been argued that the proposed amendments if brought  into effect will make the future Prime Minister of the country only a puppet  as all the powers will be in the hands of President. 

As mentioned above, perhaps the hardest criticism is to the idea of National Security Council. This council was also proposed by Late General Zia Ul Haq, and faced same type of criticism.  But if we see at the way things happened in the past and the situation where elected governments were dissolved respectively, it is not a bad idea if NSC is given a chance. In the proposed constitutional amendment package, proposals regarding NSC are that it will consist of President, Prime Minister, Leader of opposition, four Chief  Ministers and four Heads of army, Navy and Air force, Chairman of Joint Chiefs of Staff Committee. National Security Council will be  the President of Pakistan. National Security Council will take decision regarding the sacking of Prime Minister and Cabinet if required. This idea is  not bad, reason being that in that case it will not be the decision of one  man i.e. president but a body who has President, Prime Minister, Leader of opposition, Four Chief Ministers and Heads of armed forces as its members.  It will be the decision of an institution and not an individual. Perhaps it  will stop the misuse of article 58-2(b) and the decision if made by this  body will be more acceptable to nation and all concerned. So there is no  harm in giving a try to this institution. As far as other apprehensions  regarding the role of National Security Council is concerned President has  made it clear that it will not indulge itself in governance and law making  and will only be giving advices / suggestions. Here it is suggested that  government should clearly define the role and mechanism with which NSC be  functioning and should hold meetings with the political parties on that  mechanism, and the one acceptable to both sides should be adopted so that  National Security Council idea could be given a try this time in a smooth  manner.  Perhaps this set up will be better at times of crises as has been  the case in the past. Critics of this proposal should look at the logic  behind the creation of National Security Council. In recent years we were  faced with political crises, which ultimately resulted in the stoppage of  democratic set up in the country. Now it is hoped that creation of National  Security Council will avoid such instances in future.

The other most hard criticized is the condition of graduation for the  candidates of national and provincial assemblies. It was also challenged in  the courts. Honourable Courts has declared the Election Order of 2002  proclaimed by President General Pervez Musharraf regarding the condition of  graduation for the candidates of National and Provincial Assemblies as  legal. This move of the government should be admired from the point of view  that it would bring educated people into election and political process. It  will bring educated people in parliament and that was dire need of the  time. This is a problem we are faced with from the beginning. Majority of  our assembly members were not educated. Some years ago a similar move was initiated in the provincial Assembly of Punjab where it was proposed that  candidate should be a graduate. This move at the time of voting could get  very very meagre votes in favour. Coming of educated people in parliament and  assemblies will also prove beneficial in the way that these educated people  will be in a better position to control the large bureaucracy of our  country. It has been witnessed in the past that our uneducated or less  educated selected MNAs and MPAs are made ministers and they are guided by  Secretaries and others to run their ministries. It is hoped that this condition  would go a long way in the discontinuation of the state of affairs mentioned  above. Similarly, this educated class, it is hoped will contribute more  positively in the process of legislation and in devising policies for the  better future of country. In the past, it was also a common practice that  majority of the members were not interested in debates on important issues  and bills that were introduced in National and provincial assemblies. Now,  this educated class in parliament will be able to contribute in more  effective and positive way in the affairs of government. 

This condition has severely been criticized. It has been argued that it  will side-line hundreds of seasoned politicians as they will not be able to  contest elections. It has  also been criticized by saying that every educated is not necessarily,  well versed in politics and politically sagacious. But at the same time it  is also true that an educated person, though with no experience can perform  well and can show a better understanding of political

set-up. However, it has  been criticized from the point of view that in Pakistan literacy rate is  very low, and in most rural  and backward areas it will be difficult to find a  graduate candidate. Then graduates if any of these areas get busy in jobs so  that they can earn for their families and have no connections to political  parties so will not be able to come forward as candidates. The result will be that only educated members of the families already in politics or from  landlord class will again come into assemblies and parliament. Hence, the  presumption that this condition will break the hold of above mentioned classes in assemblies is not true. But at the same time it is true that they  will be educated. Anyhow, it is still to be seen whether they behave  differently in assemblies or in similar manner as their elders have been  acting. In meetings with the political leaders this condition has already been relaxed to the extent that it will not apply to the office holders of  political parties. In the same way Ulema’s religious degree will be considered equivalent to Bachelors degree and they will also be able to  contest elections. President has already issued orders to this end. In this  way we can say major objection of the politicians has already been removed. 

Now, it is for our political parties to take real advantage of this  condition and bring forward new faces, which is committed to change the lot  of the nation, and could create a difference. Such faces are required that can break through from the old traditions of filthy politics of self-interest and corruption. Perhaps, it is an opportunity for us to make a  wrong, a right. On the part of government what is required is fair elections  and then smooth sailing of the selected government. Then proposed system of checks  and balances should be used in a fair manner and not for vested interests so  that the objective behind this exercise could be achieved. If it will not  work in the required way, not only this exercise will prove futile, but also  politicians will put all the blame on the government. Seats reserved for women and  technocrats is also a praiseworthy step. It will go a long way in proper  representation of the half population of our country in the parliament. Technocrats will fill the gap of professionals that was present in our  earlier Parliament. Again now it is the duty of our political parties to  take full advantage of this and bring forth those which can really serve  the cause for which all these changes are being introduced in the country.

Election Commission has ordered/ directed political parties to provide  details of their office holders, funds and constitution till 5th August.  According to political parties order 2002, political parties are bound to  provide specific details to election commission of Pakistan. Political  parties have been asked to provide details like when was their constitution  formed, what is the term of their office holders, how funds are collected  and candidates are nominated for national and provincial assemblies, what is  the system in case of dispute with member of cancelling the membership etc.  It has been declared that parties failing to provide the above said  information till 5th August will not be allocated election signs. These two  developments will have long lasting effects on the political structure in  the country. But the point to be given serious consideration is that all these reforms in the system are pushed too hastily and will this way of  implementing it will serve the cause for which these reforms are being  introduced. Only reforms that are introduced after due consideration and  slowly prove successful. It is true that our political parties failed to  create democratic traditions in their internal systems. It is also true that  it should have been done years ago but fact is that they have not done this.  The time frame given by election commission, realistically speaking is too  short. So looking at the ground realities it is suggested that these reforms must be introduced but some time many be given otherwise may political  parties and leaders will not be able to contest elections and this in turn  will create a vacuum and fear is that, purpose for which all these reforms  have been introduced will fail to yield the required results. In the end it  is stated that government has proposed many changes but at the same time has  kept these open for modifications through discussions with the concerned.  Discussions are already on and some changes that were proposed have already  been made a part and President of Pakistan has issued orders to this end. It  is hoped that this entire episode will be handled in a similar manner, as it  is the only way that will make the package acceptable to all. Our political  leaders should also play a positive role and take maximum part in  constructive discussions with government over the proposed constitutional  amendments. Then once finalized and implemented they should take part in  elections and work for the ultimate end for which these changes have been  introduced. Government has stood with its claim that every change will be  introduced after discussion with the stakeholders and now press, media,  political parties, leaders, various segments of society and common man has to  play their role.