- Imran should focus on improving the existing Parliament
With the country’s current predicament still in front of us, talk of changing the system is being heard. While some bring up minor constitutional amendments, whispers regarding the introduction of a presidential system have also been heard.
Though, Imran Khan’s Naya Pakistan has only just geared up, yet it seems that the underlying problems are way past solving. It wouldn’t be wrong to attribute these whispers to Khan’s failure in taking on the economic woes of the country. The question is, whether a presidential system is what we really need?
For the time being, a presidential system is being considered suitable due to the paper-thin majority PTI has in the National Assembly. The presidential system wouldn’t have to worry about the numbers in Parliament. The executive branch, in such a setup, is independent of the legislature and the latter has no role in electing the president. The general populace chooses the leader and seats him on the throne. It may appear powerful for Imran Khan, to begin with. However, it needs to be seen if such a system would indeed succeed. Or more so, if such a system can indeed be brought in Pakistan.
Doing away with a parliamentary system almost becomes an impossibility as the apex court itself has observed that the salient features of the Constitution include a parliamentary system of democracy
The answer to the first question cannot be straightforward as the system, through democratic means, has not been tested. Yes, if Imran was to be a president with centralised command, then he may be more effective than he currently is. The executive would be able to operate more freely than it does at the moment. However, the effects of bringing about such a systematic change need to be considered as well.
Certain people may consider Imran to be an honest man and may trust him to be the head of the state, but is he going to be president for life? Perhaps not. Are those willing to introduce a presidential system, ready to see Mian Nawaz Sharif as president? The very same Mian Nawaz, who in a parliamentary setup has dozens of parliamentarians standing up as personal courtiers of the Sharif family. Imagine what he would be as a president, with no Parliament to answer to. Or else, Shehbaz Sharif in his place. He has already ruled Punjab with his autocratic style. What a sight it would be to see him rule Pakistan as the president with centralised power and command.
Are we indeed ready for another tenure of Asif Zardari as President with more power than ever? The money laundering cases would be long gone, that’s for sure. Today might be Imran’s day on the throne, but tomorrow it might be someone from the Sharif family or the Zardari family. The quarters suggesting a presidential system should be made aware as to the consequences of such a change. Ever worse would be a crony, of either of these two families, ready to do the bidding of those he wishes to serve and please.
It’s easier said than done, I guess. A presidential system in Pakistan would be catastrophic. Or even suicidal. Imagine a radical extremist managing to get the required numbers. Bigotry and religious intolerance would have a field day if such a person was to be made president. The likes of Mumtaz Qadri would rule and there would be thousands more Asia Bibis lurking in prisons. The very few checks and balances prevalent in our country would be done away with. Cabinet members, in a presidential system, don’t have to elected to any parliament. They can simply be chosen by the president and will serve at his will.
This would pave way for all sorts of people to be members of the Cabinet. No qualifications of a parliamentarian or otherwise would be required. Maybe, Imran’s supporters think he may be able to work freely and might bring about a change indeed. But we must reap what we sow. A presidential system in Pakistan will risk the very foundations of a democratic setup that this country has fought for. The answer to the first question is answered in the negative. Presidential system is neither needed nor desirable. The same, on the contrary, would be a mistake from which there will be no turning back.
Reverting to the second question, we may even have certain legal problems before introducing such a system. To introduce a presidential system, constitutional amendments need to be brought. In order to do so, a two-thirds majority is required. Imran Khan simply lacks the numbers to act alone. And it would be satirical to suggest other parties helping him fortify his seat and centralise all power.
Even if, for the sake of argument, we were to assume that Imran Khan indeed manages to amend the Constitution, their lies the judiciary in his way. The Supreme Court of Pakistan has already held that all constitutional amendments are open to judicial review. It has further been held that any amendment which impinges upon the salient features of the Constitution, will be struck down by the Supreme Court. Though, the Constitution does say that any amendments brought will not be open to challenge in a court of law, yet their lordships have interpreted it to be otherwise. Every single amendment brought to the Constitution has been scrutinised through the judicial eye before being incorporated completely.
With that dictum being laid down, doing away with a parliamentary system almost becomes an impossibility as the apex court itself has observed that the salient features of the Constitution include a parliamentary system of democracy. The presidential form of government, it seems, would be unacceptable to the judges of the Supreme Court. Therefore, any change to the parliamentary system, in all likelihood, will be struck down by the robed gentlemen.
In light of the practical and legal implications that a presidential system may bring, it would be prudent for Imran’s advisors to keep him away from such thoughts. It is better if we were to focus of cleansing Parliament and leaving behind a better one as opposed to abolishing it all together.
