Today, more than ever, there is a pressing need to bring the country together in one system, with power vested in the people
Poor governance and terrorism, caused by administrative weaknesses, are destroying the country. They can be eradicated through some fundamental changes in the Constitutional.
First, the Constitution has created seven different systems of governance for seven different parts of the country, ensuring that we can never become one nation.
Second, every five years citizens go to polling stations, drop chits of paper into small boxes and elect 1000-odd members of national and provincial assemblies. For the next five years they have no further involvement in running the affairs of their country.
Third, our National Assembly does not cover all of Pakistan.
Fourth, Provincial Assemblies exist only in Sind, Baluchistan, KPK and Punjab. There is a lot more to Pakistan than that.
Fifth, the writ of the Supreme Court also does not extend to all of Pakistan.
Sixth, local governments, the very heart of democracy, are only vaguely referred to in the Constitution but with no teeth.
These fundamental flaws have torn the country apart and guaranteed its downward slide ever since the 1973 Constitution was promulgated with great fanfare some forty years ago.
Look first at FATA whose three million people are governed under the most oppressive and shameful system in the world called the Frontier Crimes Regulations of 1901. All powers lie with bureaucrats answerable to the president through provincial governors. Local administrators called political agents have draconian financial, administrative and judicial powers. They rule through bribery and patronage. They can award punishments to individuals, or to tribes for crimes of individuals, totally against the basic tenants of Islam. There is no right of appeal, even to the Supreme Court. No wonder the area has remained underdeveloped, becoming the epicenter of lawlessness, smuggling and worldwide terrorism.
A proper constitutional amendment is needed based on a state-citizens social contract, ratified through a referendum. Only then can the nation be united as one, terrorism be controlled and good governance delivered for the well being of the people.
An even more foolish system is PATA, where similar dictatorial powers lie with the chief minister, rather than with the governor.
Gilgit-Baltistan has its own peculiar system. Its people have no representation in the National Assembly or the Senate. A local assembly is elected to provide a semblance of democracy with a chief minister and a cabinet, all controlled by bureaucrats of a ministry at Islamabad.
A unique system has been thrust upon the unfortunate people of Kashmir. It is called ‘Azad Jammu and Kashmir’. It is portrayed as an independent country, with its own flag, a president, a parliament, a prime minister, a cabinet, a supreme court – all the trappings of an independent country. But it is recognized only by Pakistan, while the rest of the world knows it to be no more than a farce. Its administrative control lies in Islamabad, whose lowly section officers’ orders supersede those of Kashmir’s presidents and prime ministers.
A distinct system has been designed for Islamabad. Its citizens have representation in the senate and national assembly. But administrative control lies exclusively with the centre, through a chief commissioner and a deputy commissioner. The people of Islamabad have never had any say in its administration.
Millions of people live in 43 cantonments of the country established by the British for bivouacking of their troops. Now they have become posh, overwhelmingly civilian residential areas. But they still continue to be governed by cantonment boards established through the Cantonments Act, 1924. Boards comprise of an equal number of army officers and civilians, controlled by presidents who are serving army brigadiers or major generals.
How did all these Constitutional aberrations come about? In the national elections of 1970 the Awami League won 160 out of 300 seats. All other parties put together won only140. But the winning party was not allowed to form a government, leading to a civil war and the breakup of Pakistan. 138 defeated politicians, mostly feudal lords opposed to democracy as their way of life, arrogated to themselves the powers of a Constitution Assembly, that, too, under martial law – with a dictatorial civilian administrator, Zulfikar Ali Bhutto. His People’s Party represented a mere 81 out of the original 300 members of the National Assembly but now became dominant in the rump parliament.
Led by the brilliant young law minister, Hafeez Pirzada, within months they produced the constitution of 1973. But it’s critical weakness stemmed from the desire of Bhutto and his feudal team to concentrate dictatorial powers at the centre. They had learnt no lesson, disregarding the fact that East Pakistan was lost for this very reason. Within months of the constitution’s promulgation elected governments in the Frontier and Balochistan were dismissed and an armed insurrection started. The sole concession to democracy was that some powers would be devolved to provinces in 10 years time but even this concession was delayed for 35 years till the 18thAmendment was passed.
There was a fatal flaw in both the constitution and the 18th Amendment. Under “devolution”, the centre surrendered some of its powers to provinces. The very word “devolution” negates the fundamental principle of democracy – power belongs exclusively to the people, not to provinces or the centre to give away.
There was a fatal flaw in both the constitution and the 18th Amendment. Under “devolution”, the centre surrendered some of its powers to provinces. The very word “devolution” negates the fundamental principle of democracy – power belongs exclusively to the people, not to provinces or the centre to give away.
The people have a right to self governance from the ground up, through local governments at village and town levels, up to districts, provinces and the centre. But the 1973 constitution did just the opposite. It concentrated all powers at the centre and failed to spell out an ironclad local bodies structure, with clearly defined administrative and financial powers, where citizens participate fully in running their country. No wonder that the centre and provinces rarely (and reluctantly) surrender some powers to local bodies, each time creating them through strange, new mechanisms.
Today, more than ever, there is a pressing need to bring the country together in one system, with power vested in the people.
Make FATA, Gilgit-Baltistan and Kashmir full-fledged provinces.
Constitutionally define administrative and financial powers of permanent local bodies, with fixed tenures.
Integrate cantonments and Islamabad into the national local bodies’ system.
A proper constitutional amendment is needed based on a state-citizens social contract, ratified through a referendum. Only then can the nation be united as one, terrorism be controlled and good governance delivered for the well being of the people. It is not too late to act.
