Strong political system is the essence of any
country’s progress and development. A
weak political system leaves the country at the mercy of predators and looters. In a weak political system, it is easy to
manipulate legislature and public office holders, through gratification in
shape of kinds, cash or blackmail. This
has happened with Pakistan. Pakistan’s political system has corrupted itself to
the core because of vested interests of individuals. Election are manipulated through influence,
power and money. It is essential to
understand underlying reasons for such manipulation. Is it the desire to be in power corridors or
accumulating more wealth through unfair practices?
Those who are already rich and considered among
the elite class, join National and Provincial Assemblies to multiply their
wealth. Use state resources to flaunt their authorities and power. To achieve this objective, they allow people
under their direct command to indulge into malpractices.
Through
bureaucracy’s support politicians bring their dreams to reality. Thus, all the ends of power, join hands in
the business of loot and plunder.
If Pakistan must change its status from
developing country to developed country it has to bring major and ruthless
reforms in its political, judicial and managerial system. It must remove
financial and administrative authorities from the jurisdiction of legislators
and devolve it to lower echelons. An
effort by General Pervaiz Musharraf delivered some results; but local
governments remained under the influence of political parties.
Political Reforms
To allow
full and accountable functioning of local government it is essential to remove sway
of political parties in affairs of local government. This can only be achieved through development
of organised political fraternity. An organised political guild will develop an
institution like armed forces where training is at the core.
It is easy to criticise any system; which has
been done to the perfection by so called journalist through lip service. Unless a solution is suggested, all
criticism is rather otiose.
Now the question arises, as to how Pakistan
political setup can be organised? It
requires an amendment in Constitution of Pakistan. The system needs a transformation from parliamentary
system to Presidential form of government.
Under current political scenario, it is almost impossible to have two
third majority to amend or rewrite the constitution. 18th Amendment
has made it further challenging; where vested interests of elite are being
protected by the constitution itself. Under this amendment, dynastic politicians
have ensured that they cannot be kept out of legislative (monetary) assembly
come what may. Nevertheless, a
combination of constitutional articles can help resolve this constitutional
crisis.
Constitutional Provisions
Article: 58
Dissolution of National Assembly
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Dissolution
of the National Assembly:
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Article: 245 |
Functions of
Armed Forces.
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Article: 94 |
Prime
Minister continuing in office.
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Article: 48 |
President to act on advice, etc.
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Dissolution of National
Assembly and Execution of Referendum
Prime Minister can advise the President to
dissolve National Assembly with following remarks.
“Parliamentary system has failed to
deliver desired results of true democracy.
Constitution of 1973 has been modified multiple times to facilitate
ancestorial politics and provide loopholes for financial corruption. Hence, a referendum may be called for change
in political system from Parliamentary to Presidential system and new elections
may be called for constitutional assembly instead of legislative assembly.”
A combination of available constitutional
provisions can set grounds for improved political ethics and behaviour. Though,
constitution provides clear headway to Presidential form of government through
a referendum. Only hitch is approval by joint
sitting of parliament. Interestingly
article 48(6) does not require 2/3rd majority to approve a
referendum. Therefore, first stage of
organising political fraternity can be achieved, though not that comfortably,
but through deliberate efforts.
Election of President and
Governors
President
and Provincial Governors to be elected through direct vote of citizens,
respectively.
Criterion
1. 1. Should hold a
verified college degree.
2. 2. Should be
mentally and physically fit to advice the President. (Medical should be
conducted against pre-defined criterion)
3. 3. Should not hold
dual nationality or at least three years should have lapsed after surrendering
foreign nationality.
4. 4. Should be
residing in Pakistan for 7 years.
5. 5. Should be an
active taxpayer, if not crossed superannuation age in case of non-businessperson.
A Framework to Organise
Political Fraternity.
1. 1. Emergency be
declared.
2. 2. Army be called
in to provide support under Article 245 of the constitution to ensure free and
fair referendum.
3. 3. President to take
charge as caretaker President of Pakistan anticipating envisaged change in
political system. Existing Governors to take charge of existing 4 provinces, 5
incase of GB.
4. 4. President/Governor
should select a small council of 6 Technocrats as advisor to run affairs of
country for a defined period (One Year). After completion of one year Presidential/Governor
election be conducted and subsequent President/Governor holds the office for 4
years along with selected 6 advisors. This
ends an army of federal ministers, minister of states and provincial minsters.
5. 5. People selected
to remain disqualified for life to hold any public office.
a. Foreign Affairs
b. Finance
c. Media Affairs
d. Commerce and
Trade
e. Election
Commissioner
f.
Law
Pre-requisite for Advisors
1. 1. Should hold a
verified college degree.
2. 2. Should be
mentally and physically fit to advice the President. (Medical should be
conducted against pre-defined criterion)
3. 3. Should not hold
dual nationality or at least three years should have lapsed after surrendering
foreign nationality.
4. 4. Should be
residing in Pakistan for 7 years.
5. 5. Should be an
active taxpayer.
Qualification for members
of UC, DC, PA, NA & Senate
1. Should be residing
in the constituency from where elections are contested for at least preceding
three years.
2. Should be
residing in respective province for at least 5 years and in Pakistan for last 7
years.
3. Should be
resident of ward for at least one year and have permanent or temporary address,
registered in the same ward.
4. Should be Mentally and
Physically fit to hold seat of respective conclave. (Medical should be
conducted against pre-defined criterion).
5. Should hold
minimum of graduate degree duly attested by HEC. (May be waived for UC level)
6. Should not hold
nationality of any other country; if dual nationality previously held, should
have been surrendered at least 3 years before contesting elections.
7. Should be an active taxpayer in Pakistan.
Delimitation
Delimitation of constituencies to be done based
on 2017 census results, though controversial. New provinces be made depending
upon increase in population whereby keeping maximum population of a province to
be between 1-1.5 million. In the
beginning for cities like Karachi and Lahore a one-time waiver can solve the
problem; later these cities can also be bifurcated in further provinces.
A pseudo structure of Provinces can
be drawn from existing divisional administrative structure, based on Census
2017. Each province to have maximum
population of 11-15 million. To simplify the process initial demarcation of
provinces can be done based on current divisional population
1. Re-delimitation of Union Council, District and
Province should be done for better administrative purposes.
2. Delimitation be done based on 1000-1250 people
per ward. Administrative units having thin per Km2 population may comprise
of 10 villages per Ward.
3. One representative from each ward be elected
through direct vote i.e. one representative per 1000-1250 people, in other
words 1 person per 100 -125 people will make access of public office
representative easier for the people of constituency. No democracy can be
perfect, nevertheless this system will reduce margin of error to minimum. Such
type of system also provides an opportunity to representative of each Mohlla to
participate in country’s politics.
4. Each Union Council to have 10 wards.
5. Each district to have 30 UCs
6. Each UC to elect one member among elected
candidates to act as UC representative in District Council. Thus, District
Council to have 30 members.
7. Each Province should comprise of 40 districts represented
by two members from each district council in Provincial Assembly. These two members be elected by members of DC
from within. These representatives of DC will act as direct link of district in
Provincial Assembly.
8 Each Province to elect 5 members from within to represent the province in National Assembly. National Assembly be responsible for accountability of President and appropriate legislation.
All provinces to have equal
representation in NA.
This will ensure that each decision taken in NA
or PA is fully supported by the lowest level of political hierarchy, as NA or
PA members would be required to vote after approval of respective lower.
Note: Each institution to elect a chairperson/Speaker
and Deputy Chairperson/Deputy Speaker from among the group members.
Electoral Reforms
1. President and
Governors to have maximum of two terms.
After two terms, becomes ineligible for contesting the election. Governors may contest election for President
after completion of two terms.
2. Candidate for
UCs should be allowed to contest election from only one constituency.
3. Should be
residing in the constituency for last three years and will should continue to live
in same constituency for the term in public office.
4. Term for public
office in NA/PA should be 4 years. Thus,
paving grounds for fresh blood to re-energise the system.
5. Consistency in
national policies can only be attained by avoiding not changing PA/NA in
totality. Therefore, first NA/PA should have 25% members retiring after each
year. Subsequent replacements to have full four years, unless impeached by
their own electoral college, demise, voluntary retirement or medically unfit.
6. Maximum of two
tenures be allowed to holder of public office, unless an elevation to higher
house takes place; whereby another two terms be allowed. If no elevation to upper house within two
tenures would qualify the candidate to retire from politics.
7. Any seat
falling vacant to be filled as fresh tenure of 4 years. Process of filling the
seat remains bottom up. Thus, no
requirement of conducting general elections.
8. Institutional
reforms should be done to make each institution independent of political
influence.
9. Civil servants
to provide administrative support for municipal services to Union councils.
10. Reserved seats be
abolished. Women and minorities to enter
political fraternity through normal channel.
Tenure and Terms of First
NA/PA
First National Assembly to be Constitutional Assembly having a tenure of 4 years. Its sole duty should be to rewrite a constitution free of bias, nepotism, elite pack syndrome and obstruction to justice.
Reforms in Bureaucracy
State institutions like armed forces and civil
services were considered among upright and honourable jobs. Unfortunately, over eons the reputation has tarnished,
many citizens do not hold a very positive image of these institutions. Between
the two, armed forces, still holds better respect, relatively. Bureaucracy has
turned into total disappointment. Though, Armed forces are still maintaining
some stature.
Reason for civil servants going astray, point
towards our political system. Postings,
promotions and benefits are being controlled by politicians or at least under
their influence, has made bureaucracy subservient to political elite. Due to plurality of command bureaucracy is
involved in scratching each other’s back.
Thus, whole system gets effected adversely.
To keep bureaucracy on track it needs a personnel
management system like armed forces.
Where check and balance remain under supervision of one single commander
rather than politicians. Bureaucracy
should be kept independent like armed forces with clearly defined duties, yet
under strict departmental scrutiny.
Civil servants’ protection law needs to be amended and brought inline
with the laws of armed forces. Court
protection against dismissal through departmental action is one of the reasons
of impunity in behaviour of civil servants.
Authorities needs check and balance, through strict accountability
against any misuse. A robust and fair internal accountability system can ensure
efficient and right deliverables by civil services. It is civil services duty to look after day
to day affairs, take decisions in the interest of country, administration,
maintaining law & order and ensure all civic facilities are available to
common man.
Judicial Reforms
Law has been viewed as a noble profession,
where bar and bench together endeavour to dispense justice. World history is witness of great men and
legends like M A Jinnah, Allama Mohd Iqbal, Gandhi, Nelson Mandela, Abraham
Lincoln and many more, who changed the course of history; these were all
officers of law. For them dispensation
of justice was essence of life. Unfortunately,
this profession has turned itself into a fraternity which protects delinquents in
lieu of monetary benefits. Misleading of evidence has become hallmark of success.
Judges sell conscious and prove that
justice is blind. Justitia is
blindfolded to ensure justice across the board, but now adays it seems that
this blindfold is towards commoners with inclination towards elite and
powerful. Power which is mustered
through partnering with criminals.
Most of the career judges in Pakistan are those
who were average and could not make their place among successful lawyers. Though, induction goes through a process of
testing and interview by senior judges, but quota system, political
appointments and nepotism has provided an opportunity to average lawyers making
their way into the most important pillar of state. Have nots get the unchecked power,
which is subsequently used to improve lifestyle. This serves objectives of
corrupt elite; thus, complete system of justice is plagued and justice to commoners
is denied or delayed. A very common
saying “Justice delayed is also justice denied”. It is depressing to see innocent people
spending their lifetime in prison, until their exoneration is announced after
their death. Malpractices in Pakistan’s judicial system is keeping it among
tail enders in international ranking.
Judicial reforms are essential for correct and fair dispensation of justice. And the buck stops at correct induction with continuous professional training. A system like armed forces is needed to induct, train and retain judicial officers. The worst enemy of justice, the Quota system, needs to be abolished completely and lateral induction of judges should end forever. A systematic career growth for competent judges will help in improving deteriorating judicial practices. It goes without saying power corrupts and absolute power corrupts absolutely; robust accountability is imperative to keep a check on unbridled power. Sanctity of courts can only be established by accountability of judges. They should be questioned, interrogated and held accountable for any incorrect or unfair orders passed. Unless, judges are made accountable for their wrong judgements, system will not deliver desired results.
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