ISLAMABAD – Military interventions in political process not only weakens democratic institutions in Pakistan but also adversely impacts constitutional and legal developments in the country, Chief Justice of Pakistan (CJP) Justice Iftikhar Muhammad Chaudhry said on Saturday.
“The primacy of unelected institutions over representative organs left parliament weak and subservient to the executive,” he said while addressing the visiting officers of Command and Staff College in Quetta. The CJP said the democratically-elected governments never truly consolidated democratic institutions as they were never able to enforce good governance, economic progress or the culture of rule of law in the country because of these interventions.
“A government elected by the constitution can only perform its functions and ensure observance of the provisions of the constitution by making the civil power superior to and not subordinate to the armed forces during peace and war,” he said. He said all the institutions including legislature, executive and the judiciary were the creation of the constitution which was the supreme law of the land.
“Therefore, it is incumbent upon them to work for the protection of this sacred document,” he said. The CJP said welfare of the people must be the supreme consideration of all institutions and all functionaries of the state. “But in achieving this grand objective, we must make consistent efforts, by remaining in our allotted sphere, to realise the same,” he said, adding in adherence to constitutionalism and legal principles lay our salvation and future development as a civilised nation.
“Pakistan being governed by a written constitution, all powers and duties of the armed forces must flow from the provisions of such constitution. The history of Pakistan reflects recurring conflict between the underdeveloped political system and a well organised army. When there are political crises, we have witnessed military intervention followed by a military rule. Thus, there emerged a vicious circle of brief political dispensation followed by prolonged military rule.
This state of affairs brought many setbacks and hampered the process of evolution of constitutionalism and democratic system of governance,” the CJP said. He said the constitution of 1973 for the first time introduced a new chapter for the armed forces containing provisions pertaining to their command, oath and functions.
“Every member of the armed forces, according to the oath, is bound to bear true faith and allegiance to Pakistan and uphold the constitution of the Islamic Republic of Pakistan which embodies the will of the people. Furthermore, he will not engage himself in any political activities whatsoever, and will honestly and faithfully serve Pakistan,” he added.
He said it was also for the first time in the constitutional history of Pakistan that in the constitution of 1973 the oath of the members of the armed forces had been incorporated. “Earlier to this provision, they took oath prescribed in the Pakistan Army Act 1952 and the rules there under.
By this measure, conscious effort was made, by the framers of the Constitution to clearly delineate role for the armed forces, responsible for its defence, security and to safeguard the constitution from any adventurism,” the CJP said.
