ROLE OF POLITICAL LEADERSHIP IN

DEMOCRATIZATION OF PAKISTAN:

1971-2008

FAUZIA GHANI

ROLL NO. 67-GCU-Ph.D-POL.SC.2008

DEPARTMENT OF POLITICAL SCIENCE

A PROJECT TITLED

ii

ROLE OF POLITICAL LEADERSHIP IN

DEMOCRATIZATION OF PAKISTAN:

1971-2008

SUBMITTED TO GC UNIVERSITY, LAHORE IN PARTIAL

FULFILLMENT OF THE REQUIREMENTS FOR THE

AWARD OF THE DEGREE OF

Ph.D

OF

POLITICAL SCIENCE

BY

Fauzia Ghani

Roll No. 67-GCU-Ph.D-Pol.Sc.2008

DEPARTMENT OF POLITICAL SCIENCE

iii

In the name of Allah who is

The most gracious and merciful

iv

DECLARATION

I, Ms. Fauzia Ghani, Roll No. 67-GCU-Ph.D-Pol.Sc.2008, student of

GC University Lahore in the subject of Political Science session Ph.D-

2008, hereby declare that the matter printed in the thesis titled “Role of

Political Leadership in Democratization of Pakistan 1971-2008” is my

own work and has not been printed, published and submitted as research

wok, thesis or publication in any form in any University, Research

Institution etc in Pakistan or abroad.

_______________ _______________

Dated Signatures of Deponent

v

RESEARCH COMPLETION CERTIFICATE

Certified that the research work contained in this thesis titled “Role of

Political Leadership in Democratization of Pakistan 1971-2008” has

been carried out and completed by Ms. Fauzia Ghani, Roll No.67-GCU-

Ph.D-Pol.Sc.2008,under my supervision.

_______________ _______________

Dated Supervisor

Dr. Farooq Hasnat

Submitted Through

________________________ _______________________

Dr. KHALID MANZOOR BUTT Controller of Examinations

Chairman G.C University, Lahore

Department of Political Science G.C University, Lahore

vi

ACKNOWLEDGEMENTS

First of all I am thankful to God Almighty, the most merciful, the most

beneficent for blessing me with an opportunity to accomplish this task. As this thesis

is finished at last, it is time to take stock and express my gratitude to everyone who, in

one way or the other, helped me in the process of researching and writing this thesis.

This research project is a product of combined input of many persons to whom

I would like to communicate my appreciation. They made this scholarly undertaking

both successful in terms of bringing it to completion and personally satisfying to me

inside. The research on this topic was also possible because of those people who

helped me in completing my task. I am also grateful to all of them.

I am highly grateful to Dr.Khalid Manzoor Butt, Chairman,Political Science

Department, who facilitated me to complete this research work. He provided me

ample of time needed for completion of research.

I am highly indebted to Dr. Syed Farooq Hasnat, supervisor of this research.

His support, encouragement and advice helped me to complete my research. His

intellectual endeavor and meticulous approach enabled me to understand the

techniques of academic research. I have benefited enormously from his knowledge.

His role in enhancing my research ability cannot be forgotten.

I owe special thanks to my respectable teacher Prof. Javeed Ahmed Sheikh

(Late), who always remained a source of inspiration for me and encouraged me for

the development of my academic career. It is very difficult to pay thanks in words.

I feel my special indebtedness to Mr.Ahmed Hayat Khan with whom many

wide-ranging discussions have been both learning and sustaining. He is the one from

whom I have learnt the veracity of academic field while interacting with him. His

opinions and suggestions I will always value. He also becomes source of enhancing

my intellectual endeavor. He made me conceptually clear about various concepts

through academic discussion. He always remained very supportive and encouraging

in completing my research while sharing of literature and editing my write-up with

keen observation. This research piece owes a lot to his enormous and valuable

vii

suggestions on various issues. His unconditional support and encouragement cannot

be repaid in words.

I owe special thanks to my dearest friend Sadia Mushtaq who always

encouraged me when I was down with depression and tension. This special rapport

with her during my work has always served me as an opportunity to share my

frustrations and aspirations about my research. I will always acknowledge her efforts

to draft my thesis which is really a time consuming activity. She always extended

moral support for me to finish my task. She remained very kind and I cannot pay

reward for her kindness in words.

I am also grateful to Prof. Azhar Ch. for his encouragement in the whole Ph.D

duration, I cannot forget his efforts to launch Ph.D program in the department of

Political Science,GC University,Lahore

According to the nature of my research topic I remained in touch with

Parliament House.I owe my special regard and gratitude to the members of the

National Assembly of Pakistan without whom this research could not be completed.

I am also thankful to the staff of the Parliament House, especially, Additional

Secretary, National Assembly who provided me with ease to contact with the

members of the National Assembly. I am also grateful to library Staff of Parliament

House for their kindness in providing me data.

I am particularly grateful to the Social Scientists of Pakistan (from four

provinces of Pakistan) who gave me time and cooperated for interviews and fill in the

questionnaires.I owe special thanks to the staff of Quaid-e-Azam Library, Lahore who

helped me a lot for collecting information and data related to my area of study.

I owe special thanks to the Mr. Abdul Waheed, Chief Librarian, GC

University Lahore and the other staff members who extended enormous support in

using GC University library facilities. I am especially indebted to Senior Librarian,

Mr. Naeem, GC University, Lahore who always extended support for my thesis. He

generously provided matter related to my thesis of national and international level.

His help and assistance cannot be forgotten.

viii

I owe special thanks to the staff of Punjab Public Library of Lahore especially,

periodical section from where I have collected information of old Newspapers.

Finally and most of all, among those individuals involved in this study, I

would like to express my gratitude with respect and love to my dearest father and

beloved mother who enabled me to get higher education. I also want to pay thanks to

my beloved brothers, Muzzamil, Tajammal and sisters, Nazia Baji, Zubaida, Bushra,

Humara, Saba, Razia, Bakhtawar and Eman. I also want to pay thanks to my

grandmother (late), uncle and aunt who have always been praying for me and for my

success.

God Bless all of them.

FAUZIA GHANI

ix

DEDICATION

To my dear Father Ch.Abdul Ghani and

beloved Mother Zahida Ghani whose love,

affection and care enabled me to achieve

My goal

x

ABSTRACT

Leadership has become the most central phenomenon and part of every level

of organization in the world. It also becomes one of the important features of

Pakistan’s polity. Pakistan is facing the challenges of leadership since its creation.

The main part of this research is to analyze the role played by the political

leadership in the process of democratization in Pakistan. Either it becomes cause of

bringing, shaping, stabilizing, smoothing and deepening democratic norms in the

country or harms it. The research involves the pattern and themes of establishing

leadership role and character in the process of democracy in Pakistan during the

period of 1971-2008 after the disintegration of Eastern wing of Pakistan. Leadership

role determined the very fate of East Pakistan in one way or the other. It also dealt the

conditions and elements which are necessary for the sustainability of democracy in

Pakistan.

Most present research is revolving around leadership, its background, agenda,

character, ethics, environment and most importantly political culture for the

establishment of democratic setup in Pakistan. Leadership is shaped by followers and

environment and they both determine leader’s role in a given polity. And these two

elements are the product of political culture of any kind i-e what people think and

what kind of environment has been created by their interaction with each other and

with their leaders. One has to find out missing links in various approaches and

theories of leadership and democratization process to explain that how and in what

way political leadership might affect the process of democratization.

The critical examination in this research is the leadership character and

performance in mounting, growing or diminishing the process of democratization of

the country. Recent studies have shown that states are confronting with the challenges

of the process of democratization with the role played by one of the very important

components of social and political structure i.e. political leadership.

It is interesting to note that leadership in Pakistan emerged out of dynastic

basis, wealth and landed aristocracy. In Pakistan, leadership has various dimensions to

perform, some became popular and some worked in autocratic manners. Bhutto was

known as populist leader in political history of Pakistan after its dismemberment.

xi

While Zia and Nawaz Sharif performed in dictatorial style. Benazir was backed by her

father’s popular following and did nothing effective for the real democracy for the

country. Musharraf took the advantage of the situation and manipulate it to make

noise for democracy. These leaders most of the time gave such policy packages for

the establishment of effective democracy but failed. The basic question remains in the

minds of the people that how and in what way political leaders work for the

democratization of the country, a country which is already fragmented and diversified

in terms of ethnic identities. In this research work, I test and analyze two folded set of

knowledge; 1st is the qualities of leadership in Pakistan and 2nd is various themes

related to ensure democratization process. For these tests, to develop relation between

these themes and variables to leadership role and functioning has been done.

In summing up, this research work demonstrates that political leaders have a

huge control over the setting up the course of democratization in the country. It is

further indicates that they may not be able to inculcate viable political culture among

people so that they can realize their share in power to decide in better way. It also

appears that they created impediments in the way of democratization of the country.

xii

CONTENTS

Acknowledgement ....................................................................................................... vi

Abstract ........................................................................................................................ x

List of Table ............................................................................................................. xvii

List of Figures ......................................................................................................... xviii

List of Appendices .................................................................................................... xix

Acronyms ................................................................................................................. xxi

CHAPTER I: Introduction ........................................................................... 1

1.1 Objectives of the Study .................................................................................... 9

1.2 Focus ................................................................................................................ 9

1.3 Hypothesis ...................................................................................................... 10

1.4 Research Questions ........................................................................................ 10

1.5 Chapterization ............................................................................................... 11

1.6 Research Methodology ................................................................................... 14

1.7 Scope of Study ............................................................................................... 15

1.8 Limitations and Constraints ........................................................................... 16

CHAPTER II: Literature Review and Theoretical Framework ......................... 18

2.1 Leadership According to Classic Thinkers .................................................... 20

2.2 Leadership According to Modern Thinkers ................................................... 24

2.3 Pakistan’s related Leadership and Democratization Literature...................... 52

2.4 Theoretical Framework .................................................................................. 58

xiii

CHAPTER III: Leadership and Democratization in Pakistan: A Historical

Perspective (1947-1971) ........................................................................................... 61

3.1 Political Parties and Public Opinion............................................................... 69

3.2 Constitution Making and Leadership ............................................................. 77

3.3 Military Coup d'état and Martial Law in Pakistan ......................................... 80

3.4 Economy and Ayub Khan’s Program to Reform Pakistan ............................. 86

3.5 Local System as Alternative to Fill the Gap .................................................. 87

3.6 Ayub Khan’s Challenges ................................................................................ 92

CHAPTER IV: Zulfiqar Ali Bhutto: A Populist style of Rule ......................... 100

4.1 Z.A Bhutto: An Attractive Personality ......................................................... 107

4.2 Z.A Bhutto and the Making of the 1973 Constitution.................................. 110

4.3 Bhutto and Institution Building .................................................................... 114

4.4 Relationship between Center and Provinces ................................................ 119

4.5 Bhutto and Opposition ................................................................................. 120

4.6 Bhutto: Democracy and Social Equality ...................................................... 124

4.7 Bhutto, Transformation and Social Change ................................................. 126

4.8 Policy of Nationalization .............................................................................. 126

4.9 Land Reforms : Another Dimension ............................................................ 128

4.10 Transformation of Administration: A New Dimension ............................... 129

4.11 Conclusion .................................................................................................... 134

CHAPTER V: Islamic Democracy of Zia-ul-Haq ............................................... 135

5.1 Zia Constitution of 1973 and 8th Amendment .............................................. 137

5.2 Referendum .................................................................................................. 150

xiv

5.3 Zia and Political Parties................................................................................ 152

5.4 Registration of Parties .................................................................................. 154

5.5 Islamic Democratization: Zia’s Version ...................................................... 155

5.6 Islamic Economy and Democracy................................................................ 156

5.7 Gender and Democratization ........................................................................ 156

5.8 Conclusion .................................................................................................... 166

CHAPTER VI: Benazir Bhutto: A legacy of Bhutto Family 1988 to 1990:

1993 to 1996............................................................................................................. 168

6.1 MRD and Benazir Bhutto: A Struggle for Democratization ........................ 172

6.2 Benazir’s Opposition .................................................................................... 172

6.3 Leader’s own Rivalry and Democracy: Lack of Tolerance ........................ 175

6.4 Benazir’s Inability to Deal with Economy ................................................... 178

6.5 Second Tenure: 1993-1996 .......................................................................... 180

6.6 Benazir’s Relations with Opposition ........................................................... 181

6.7 Benazir Bhutto and Political Parties............................................................. 185

6.8 Relations with Military................................................................................. 187

6.9 Benazir’s Economy vs. Democracy ............................................................. 188

6.10 Benazir and Misgovernance ......................................................................... 191

6.11 Conclusion ................................................................................................... 196

CHAPTER VII: Nawaz Sharif: The Chosen Leader Transformed into Politician

1990 to 1993:1996 to 1999 ...................................................................................... 197

7.1 Nawaz Sharif and Opposition ...................................................................... 201

7.2 Economy Development and Democracy ...................................................... 204

xv

7.3 Army and Nawaz Sharif ............................................................................... 207

7.4 Rule of Law .................................................................................................. 213

7.5 Elections and Nawaz Sharif’s Second Term ................................................ 215

7.6 Conclusion .................................................................................................... 223

CHAPTER VIII: Musharraf Undermines the Democratic Culture ................. 224

8.1 Background of Civil-Military Tension ......................................................... 227

8.2 Musharraf Referendum ................................................................................ 228

8.3 Plan of Devolution 2001 .............................................................................. 229

8.4 Legal Framework Order 2002 ...................................................................... 230

8.5 Election of 2002 ........................................................................................... 232

8.6 Elections and PML (Q) ............................................................................... 234

8.7 Musharraf and Political Parties .................................................................... 235

8.8 Seventeenth Amendment 2003..................................................................... 238

8.9 Musharraf and Economy .............................................................................. 240

8.10 On Edge with Baluchistan ............................................................................ 246

8.11 Crackdown on Higher Judiciary ................................................................... 247

8.12 Red Mosque Incident ................................................................................... 249

8.13 National Reconciliation Ordinance (NRO): A Musharraf‘s effort being

democrats ..................................................................................................... 250

8.14 Conclusion .................................................................................................... 253

CHAPTER IX: Conclusion ................................................................................... 254

9.1 Recommendations ........................................................................................ 265

Bibliography ........................................................................................................... 269

xvi

Appendices .............................................................................................................. 293

xvii

LIST OF TABLE

1.1 Leadership Approaches .................................................................................... 6

2.1 Leadership ...................................................................................................... 28

2.2 Leadership ...................................................................................................... 29

2.3 Leadership ...................................................................................................... 29

2.4 Themes of Process of Democratization ......................................................... 39

2.5 Factors of Democratization ............................................................................ 41

2.6 Elements of Leadership Behaviors ................................................................. 50

4.1 Methods used by Political Leaders to Mobilize People ............................... 106

4.2 Causes of Failure of Political Institutions .................................................... 115

4.3 Bhutto’s Policy Approaches and their Impacts ............................................ 132

5.1 Election a Way to Recruit a Leader on Merit............................................... 161

5.2 Zia’s Policy Approaches and their Impacts.................................................. 165

6.1 Inculcation of Political Culture among people of Pakistan .......................... 184

6.2 Political Parties suit Pakistan’s Political System ......................................... 186

6.3 Measures to Manage Economy ................................................................... 189

6.4 Benazir’s Policy Approaches and their Impacts .......................................... 195

7.1 Two Party System increases healthy opposition .......................................... 203

7.2 Principles of Separation of Powers .............................................................. 209

7.3 Leaders Believe in Rule of Law ................................................................... 213

7.4 Nawaz Sharif’s Policy Approaches and their Impacts ................................. 222

8.1 Leaders Successful in Managing Diversity .................................................. 246

8.2 Principles of Separation of Powers .............................................................. 251

xviii

LIST OF FIGURES

2.1 Kinds of the Basis of Social Power ................................................................ 26

2.2 Measures to bring Democratization ............................................................... 48

4.1 Clash of Personality with thought ................................................................ 105

4.2 Relationship between Economy and Democracy ........................................ 125

xix

LIST OF APPENDICIES

I List of Chief Executives, 1947-Present ........................................................ 293

II Bogra Formula.............................................................................................. 294

III The Political Parties Act, 1962. I Act No.III of 1962 .................................. 296

IV Basic Democracy Structure .......................................................................... 302

V Removal or Impeachment of President ........................................................ 303

VI Voter turnout Data for Pakistan ................................................................... 304

VII The Text of Six Point Formula as Originally Published, and Subsequently

Amended in the Awami Leagues Manifesto ................................................ 305

VIII Legal Framework Order, 1970 ..................................................................... 307

IX Party Position 1970 Elections ..................................................................... 365

X Let The People Decide ................................................................................. 367

XI Excerpts from English rendering of Gen. Mohammad Zia-ul-Haq Speech on

the radio television, July 27, 1977................................................................ 367

XII Excerpts relating to the circumstances that led to the proclamation of martial

law on July 1977 .......................................................................................... 369

XIII The Constitution (Eight Amendments) Act, 1985 ....................................... 379

XIV Accountability First ...................................................................................... 387

XV Seats won in the 1977Elections .................................................................... 392

XVI Operation Fairplay........................................................................................ 393

XVII Summary of Judgment of the Lahore High Court in the Nawab Mohammad

Ahmad Khan Murder Case ........................................................................... 397

XVIII The Constitution (Eight Amendment) Act, 1985 ......................................... 379

XIX Political Partied Rule, 1986 .......................................................................... 398

xx

XX Martial Law (Pending Proceedings) Order, 1985 ........................................ 400

XXI Pakistan 1988 Legislative Elections ............................................................. 402

XXII Judges Judgment .......................................................................................... 404

XXIII Pakistan 1990 Legislative Election ............................................................. 408

XXIV Voter Turnout for Pakistan .......................................................................... 410

XXV Pakistan 1993 Legislative Election .............................................................. 411

XXVI Pakistan 1997 Legislative Election .............................................................. 413

XXVII The Constitution (Thirteen Amendment) Act, 1997 .................................... 415

XXVIII The Constitution (Fourteen Amendment) Act, 1997 .................................. 416

XXIX The Constitution (Fifteen Amendment) Act, 1997 ...................................... 417

XXX The Qualification to Hold Public Offices Order, 2002 ............................... 419

XXXI Pakistan 2002 Legislative Election .............................................................. 420

XXXII The Constitution (Seventeenth Amendment) Act, 1997 .............................. 422

XXXIII Elections 2008 ............................................................................................ 426

XXXIV Parliament Data .......................................................................................... 428

XXXV Questionnaire for Social Scientists .............................................................. 432

XXXVI Questionnaire for Parliamentarian .............................................................. 434

xxi

ACRONYMS

3-D Democratization, Disinvestment and Deregulation

Al Awami league

ANP Awami National Party

BNP Baluchistan National Party

BRP Baluchistan Republic Party

CARs Central Asian Republics

COAS Chief of Army Staff

CPP Communist Party of Pakistan

DAC Democratic Action Committee

EBDO Elective Bodies Disqualification Order

FDI Foreign Direct Investment

GDP Gross Domestic product

GNP Gross National Product

HEC Higher Education Commission

IDB International Development Bank

IJI Islami Jamhuri Itehad

JI Jamat-e-Islami

JSQM Jiyee Sindh Quomi Mahaz

IMF International Monetary Fund

ISI Inter-Services Intelligence

LFO Legal Frame Work Order

LOC Line of Control

xxii

MMA Muthida Majlis -e -Amal

MQM Mohajir Quomi Movement

MRD Movement for Restoration of Democracy

NAP National Awami party

NFC National Finance Commission

NGO Non Governmental Organization

NLC National Logistic Cell

NTRC National Transport Research Centre

NWFP North West Frontier Province

PASSCO Pakistan Agricultural Storage and Services

PCO Provisional Constitutional Order

PDF Pakistan Democratic Front

PIA Pakistan International Airline

PIDC Pakistan Industrial Development Cooperation

PML Pakistan Muslim League

PML(N) Pakistan Muslim League(Nawaz)

PML(Q) Pakistan Muslim League(Quaid-e-Azam)

PNA Pakistan National Alliance

PONM Pakistan Oppressed Nations Movement

PPP Pakistan Peoples Party

PTV Pakistan Television

RCO Revival of Constitutional Order

SNF Sindh Nationalist Front

xxiii

TI Tehrik-e-Istiqlal

UNO United Nations Organization

USA United States of America

USAID U.S Agency for International Development

WAPDA Water and Power Development Authority

WW II World War II

1

CHAPTER NO. 1

INTRODUCTION

2

INTRODUCTION

Leadership is a common and necessary phenomenon at every level of

organization of human beings. Every organization requires someone to give directions

to create an environment for sustainability of life. Samuel P. Huntington in ‘Political

Order in Changing Societies’ has stated that “when a country is plunged into crises,

the political institutions and their leaders play a significant role in creating balance

and harmony in society without which, political system faces shocks and

breakdowns”.1

Leadership is a significant and complex observable fact in today’s world and

should be dealt with diligence. There are various writers, scholars, authors and

researchers who have described in detail the concept of leadership in all its

multifaceted forms. Some regard leadership as a process, in which followers obey and

follow the person who has an ability to influence them. While others are of the view

that leader is that personality who must hold a certain position and then execute the

laws for the public in general. It is a universally accepted principle that leadership

also plays an effective role in politics. Their activities and performances are a

reflection of those qualities and features which they inherently possess. There are

broad based theories presented by various scholars and theoreticians which decipher

the phenomenon of leadership.2

It is important to evaluate the philosophy of ancient Greek and Chinese

philosophers on leadership skills and traits. Furthermore, in Chinese philosophy, a

leader is described as a person who would have to perform for people in such a way

that people will feel that what has happened due to their own efforts and not the

leader’s. A good leader is he/she who speaks less even after achieving goals and

completing tasks.3

1 Samuel P. Huntington, Political Order in Changing Societies, (New Haven: Yale University

Press,1968),p.20 2 Various theories and models are becoming helpful to analyze the phenomenon of leadership.

Charismatic Leadership, Achieved Leadership, The Normative Decision Model, The Path-Goal Theory, The Contingency Model, Situational leadership, Trait Leadership, Transformational and Transactional Leadership, Substitute theory,Marxist Theory of leadership, Elitist Theory, The multiple linkage theory, Qualitative Leadership, Quantitative Leadership.

3 According to Greek philosophers leader is a person who have attributes such as; Justice, Judgment, Wisdom and Counsel, Sharp and sneakiness, in John l. Pierce and John W, Leaders and Leadership Process (New York: McGraw Hill, 2006), p.3

3

Before moving into the details of the development of the conceptual

framework on the role of the political leadership and applying it to the process of

democratization of Pakistan, it will be more appropriate to discuss these two variables

separately in detail. To begin with, firstly, an effort has been made by the researcher

to conceptualize the concept of a leader and leadership and to find the bases of

political leadership, its skills, qualities, models, theories and approaches which

remains focal points of this study. Secondly, the meaning and dynamism of

democratization process will be expected, as this forms an important element in

research about the democratization process in Pakistan.

There are certain variables, derived by various scholars that determine the

presence of democratization in different societies. The variables to be discussed are

derived from the works of numerous writers and scholars. These writers and scholars

derived these factors from several countries that experienced the process of

democratization. In their points of view, the basic variables which formed the criteria

for democratization helps in understanding the position, place, thinking pattern and

functional role of leadership in ensuring democratization.This research highlights a

rapport between leadership and democratization in Pakistan. This investigation delves

into examination of the extensive data related to the following themes:

� Leadership and Political Leadership

� Democratization

� Role of Political Leadership in Democratization of Pakistan

As this is a fact that leadership is a significant phenomenon at various levels of

human life and interaction. This particular role is needed at every step and level of

any organization. It becomes important to look at the concept of a leader and its

implications and roles in various political activities, which are the central theme of

human life. It is appropriately stated by Marcel Proust, a French novelist and critic

that “the real art of discovery is not to visit new lands, but to see existing one with

different eyes”4. It is, according to the scholar, one of the attributes of leadership

phenomenon.

4 Michel Williams, Mastering Leadership (New Delhi: Viva Books,2008), p.5

4

It is universally accepted that leadership plays a pivotal role in politics. Their

activities are conditioned and performed on the basis of the features they possess.

Real civilian leadership guarantees unyielding commitments in favor of masses and

make arrangements for the development of common people of the country which

would have long term impacts5. Such leadership has various attributes i.e. intellectual

honesty, vision, quick sense of judgment, truthfulness and righteousness.

Furthermore, these characteristics categorize leadership into various broad

based kinds i.e. qualitative leadership, quantitative leadership, achieved leadership

and elected leadership. Besides, there is charismatic leadership, situational leadership,

trait leadership and political leadership.

Aristotle believes that qualities are naturally embedded in any human being.

Due to those qualities leaders make their position dominant and effective in a society.

Scholars have analyzed phenomenon of leadership from various dimensions and

perspectives. They presented different connotations to describe the behavior, style,

attributes and qualities of leadership. The views of various scholars bring forth the

leadership qualities, which are directly or indirectly concerned with the Western

countries.

Democratization process is transition to a more democratic political regime. It

may be the transition from an authoritarian regime to a partial democracy. As Francis

Fukuyama wrote in his book entitled ‘The End of History and the Last Man’ that “rise

of liberal democracy is final form of human government”.6 Samuel P. Huntington in

“The Third Wave” talks about global democratization trend in post WWII world.

There is considerable debate about the factors that affect or enhance or restrain

democratization process of which leadership is one. S.P Huntington emphasized the

role played by the leaders to bring change and to act as an agent in the conversion to

democratic set up. As he stated in his book that “democracies are created not by

causes but by causers”7What leaders think, perceive, create image, and formulate

policy, his/her beliefs and norms are responsible for change. Transition from

authoritarian to more democratic system is heavily dependent on the leader’s actions.

5 Brig(R) Mumtaz, Hussain, Let Us Have Mercy on Pakistan,(Chaklala, n.a, 2008), p.168 6 Francis Fukuyama, The End of History and the Last Man,(Free Press,1992),p. 7 Samuel Phillips Huntington, The Third Wave, Democratization in the late 20th Century,( Norman:

University of Oklahama Press,1993),p.107

5

The scholars have derived various hypotheses to decipher the phenomenon of

leadership. These hypotheses do not establish the authenticity of the phenomenon.

They generally do not hold for developing societies as the development and working

of these societies do not reflect the true picture. Similarly, the prevalent theories,

approaches and hypothesis do not capture the reality of leadership. The culture, the

social norms and political economy of Pakistan project a complex environment where

leadership and its role cannot be easily determined in bringing democratization in the

country. Pakistan’s founding father Quaid-e-Azam was staunch believer of democracy

and democratic norms. He was a great constitutionalist and politician of Indian

Subcontinent. Once Quaid-e- Azam said: “I am sure democracy is in our blood.

Indeed it is in the marrows of our bones. Only centuries of adverse circumstances

have made the circulation of this blood cold. It has become frozen and our arteries

have not been functioning. But thank God, the blood is circulating again. It will be a

peoples’ government”.8

In order to know the leadership and its role in democratization process,

different workable themes are needed to be developed. These themes are to be

carefully operationalized. The intricate socio-political cobweb becomes a hurdle in

the way of truth. Landed aristocracy, business class, the bureaucratic and socially

dominent individuals constitute urban leadership. In Pakistan military has also

emerged as a class of leaders. Since military elite saddled in the power, they

established military – bureaucratic oligarchy in the country. On the other hand feudal

lords always try to be associated with power, so they usually change their loyalties to

be in power houses.

Jochen Hippler’s writing on the ‘problems of democracy and nation building

in Pakistan’ analyzed that Pakistan has mixed leadership based on various political

thoughts and ideologies since its inception9. These patterns (thoughts) and political

leadership working could be seen as follows:

8 http://www.mideastyouth.com/2010/04/04/the-will-to-lead/.Also see Keith Callard, Pakistan: A

Political Study,London: George Allen& Unwin LTD,1957, pp. 9-10 9 Jochen Hippler, Problems of Democracy and Nation Building in Pakistan,

http://www.jochenhippler.de/html/problems_of_democracy_and_nation-building_in_pakistan.html p.3,Retrieve on 11-5-11.

6

Table No:1.1 Leadership Approaches

S.No Leader name Leadership kind Approach/Ideology

1 Quaid-e-Azam Charismatic Leadership Charismatic+Modernization

2 Liaqat Ali Khan Traditional Elite Modernization

3 Ayub Khan Situational Leadership Modernization

4 Zulfiqar Ali Bhutto Charismatic and

populist leadership

Socialist +Mobiliza tion

5 Zia ul Haq Situational Leadership Islamist Modernization

6 Benazir Bhutto Elected Leadership Muddling through with

some modernization

7 Nawaz Sharif Elected leadership Muddling through with

some modernization

8 Pervez Musharraf Situational Leadership Modernization +Secularism

Source: Prepared by the researcher by using various sources.

In Pakistan there has always been dearth of leadership. Immediately, following

the creation of Pakistan, Quaid-e-Azam passed away and Pakistan started facing

problems in every field of life. There was lack of continuity in governmental

functioning. Political institutions did not work and in a short span of 1947 to 1958

seven governments ran the affairs of the country and dissolved one after the other. In

1958 General Ayub Khan imposed Martial law in the country. According to various

analysists as well as scholars, it hampered the democratization process in the country

and in 1962 he introduced the system of basic democracy, which became ineffective

in later times primarily due to the role of military, bureaucratic and political elites.

In 1973 Pakistan had a new constitution, when Z.A Bhutto formed

government. Although, his popularity was source of hope, yet his followers created an

environment, which could not serve as a nursery for leadership and democracy in the

country. Instead, chaotic politics paved ground for military to take over. In 1977

7

General Zia-ul- Haq imposed Martial Law in the country again and leaders at the

helm of the affairs suspended the constitution. General Zia held elections in 1985 on

non-party basis. Political leaders started new type of democratic process, which was

characterized by corruption, horse-trading, aggrandizement and leg pulling. General

Zia-ul-Haq died in a plane crash. Interim government was constituted and elections

were held. From 1987 to 1999, a political see-saw continued between Islamic Jumhori

Itehad (IJI) and Pakistan Democratic Front (PDF). In reality, these coalitions were led

by Muslim League (MLN) headed by Nawaz Sharif and Pakistan Peoples Party(PPP)

chaired by Benazir Bhutto.

The political governments and their removal generated praetorian

environment. General Pervez Musharraf found it an opportunity to attain power. After

his arrival in political sphere he highlighted democratic situation in the country in his

words that “We have had sham democracy”. To overcome this problem of democracy

he introduced Devolution Plan and promised to hold elections in October 2002 which

was a step towards imposing democratic reforms. The elections were held and new

leadership assumed power. But the question was whether they were capable of

meeting the challenges, the country was facing with regard to true leadership to bring

and impose democratic values. This is the duty of the leaders to manage the things on

right lines. Leaders are responsible for making the society.

What Musharraf did during his nine years regime politically, economically

and at foreign level pushed country into a quagmire. Even though, he always claimed

to be a promoter of democratic values in the country but to no avail. Announcement

of 2008 elections was a great hope for the people of Pakistan to see fulfillment of their

needs from their elected leaders but since February 2008 leadership proved to be an

ineffectual. Representatives were unable to promote representative democracy in the

country.

There is a considerable amount of literature that helps to understand the

leadership phenomenon. Broadly speaking, literature can be divided into Islamic and

Western research work on leaders. In Western category there are broad based theories

and contribution. Islam projects qualitative concept of leadership. One fundamental

quality of leadership in Islam is belief in God and performance of righteous deeds.

Western concept of leadership is also based on qualities of leadership. It generally

8

depends on qualified and achieved leadership and on the basis of electoral process or

nominations as is practiced in the case of Spoils in United States of America and

nomination of members of House of Lords in Britain.10

In the elections of 2002 Pakistan had leadership on educational basis.

Education has been criterion for getting an effective leadership but it is just an

experience because it has nothing to do with qualified leadership. Various writers

have talked about Pakistan’s political system in the context of Leadership.Khalid bin

Sayeed, Mushtaq Ahmed, Mohammad Waseem, Hasan Askari Rizvi, Mushahid

Hussain and Shahid Javed Burki, Saeed Shafqat, Stanley Walport, Iskander Hayat,

Roedad Khan, Arshad Sami Khan, Birjees Nagy, Anwar.H. Syed, Allen McGrath,

Keith Callard, Rasul Bakhsh Rais, Shahid Javed Burki have pointed out that the

political system of Pakistan embraces shocks and breakdowns due to the absence of

good leadership.11 They have written extensively on the role of leadership but there is

dearth of writing on qualified and effective leadership of civil and military.

In this study all attention is given to the role of the political leaders in the

process of democratization, on the bases of certain variables, which have been

identified by the researcher for this study. It has been kept in mind the importance

which is affiliated with the discussion of the performance and effectiveness of

political leadership in countries like Pakistan.

There are certain variables through which one is able to get insight into

leadership but the society like that of Pakistan offers a different picture, where during

entire time unpredictable situation prevails. These variables may be political,

10 In USA, a spoils system known as a practice in which a political party, after winning an election,

gives government jobs to its supporters, friends and relatives as a reward for working toward victory, and as an incentive to keep working for the party—as opposed to a merit system.

11 Khalid Bin Sayeed wrote “The Political System of Pakistan”,Mushtaq Ahmed wrote “Government and Politics in Pakistan”Mohammad Waseem’s work is on “Politics and State in Pakistan”and “Democratization in Paistan:A Study of the 2002 Elections”,Hasan Askari Rizvi worked on “Military,State and Society in Pakistan”,Mushahid Hussain wrote on “Pakistan’s Politics:The Zia Years”,Saeed Shafqat wrote on “Civil Military Relations in Pakistan” and “Political System of Pakistan and Public Policy”, Stanley Wolpert as written extensively on Pakistan’s leadership as his work is in the name of “Jinnah of Pakistan” and “Zulfi Bhutto of Pakistan”,Iskandar Hayat worked on “The Charismatic Leader”,Roedad Khan wrote on “Pakistan_A Dream Gone Sour”,Arshad Sami Khan’s work is on “Three Presidents and an Aide”Birjees Nagy wored on “Pakistan:The Land of The Betrayed”,Anwar. H.Syed wrote “The Discourse and Politics of Zulfikar Ali Bhutto”,Allen MGrath worked on “The Destruction of Pakistan’s Democracy”Keith Callard wrote on “Pakistan:A Political Study”,Rasul Bakhsh Rais worked on “State,Society and Democratic Change in Pakistan” and Shahid Javed Burki wrote on Pakistan: Fifty Years of Nationhood.

9

economic, social, educational and personal. As military and civilian leadership also

remained in power time to time. One can gauge the qualities or characteristics of

leadership between two categories on the basis of these variables.

Focus will be on the qualities of political leadership and its role in

democratization of the country. After analyzing the role of the political leadership

since 1971 it would be possible for researcher to determine which government and

leadership is proves to be an effective phenomenon for smooth running of the political

system. For this research focus is not on theories of leadership because it is not

relevant to the subject under study.

1.1. Objectives of the Study

There are five specific objectives of the research which are as follows:

1. To find out the reality of the phenomena of Political leadership and

democratization in Pakistan.

2. To investigate the factors of contrast between different political leadership in

their functions.

3. To examine the impact of political leadership on democratization process of

the country.

4. To search the relationship between leadership qualities and variables of

political culture for ensuring the process of democratization.

5. To bring suggestions by which Pakistani society might overcome the problems

of leadership and hazards which obstruct the democratization of this country

1.2. Focus

The research focuses on the following aspects

• Definition of the concept and explanation of qualities of leadership and

democratization process

• Discuss various factors that determine democratization process, when, where,

how and why democratization happens

10

• Analyze the role of Political leadership

• Evaluate leadership impact and role in democratization of Pakistan

• A comparison between different political leaderships leading country to

democratization

• Explain the difficulties in sustaining and establishing true democracy in the

countries like Pakistan.

• Develop connections between leadership role in the orientation of public i.e.

manipulation or to get support (Political Culture)

• Present the comprehensive characteristics of leadership and their role in

establishing a democratic system in Pakistan

• Recommendations for overcoming the weaknesses of democratic practices and

improvements in leadership effectiveness

These aspects are the main concerns of research, which will present the whole

character of leadership and their role in bringing democratization in Pakistan.

1.3. Hypothesis

To develop the relationship between political leadership and democratization

process in Pakistan from 1971-2008, following hypothesis has been formulated for

this research:

Political leadership was unable to develop political culture which leads toward

democratization of the country.

1.4. Research Questions

For this research, main focus is on the relationship between democratization

process and the role of political leaders in bringing democratization in Pakistan.

Following are the questions to comprehend the connection between two phenomena

i.e. political leadership and democratization:

� What is the meaning of ‘Democratization’ and what are its themes.

11

� How democratization process is assured and what are the factors that influence

the process of democratization.

� What kind of role is played by political leaders i.e. elected or non-elected in

bringing democracy.

� What is the level of interaction among various political leaders that affect the

process of democratization.

� How and in what way, other variables i.e.socio-economic, culture and religion

affect democratization process.

� What are the major impediments in the way of democratization of the country.

� How the political culture is nurtured in various eras and its role in recruiting

political leaders.

� What are the characteristics of commonness and differences among various

political leaders in their respective regimes.

After finding out the answers to above mentioned questions, research will lead

towards recommendations and suggestions. It will also add to in existing academic

knowledge.

1.5 The research work has been divided into the following chapters:

Chapter No I: Introduction

In the first chapter a glimpse of leadership in Pakistan has been given and the

purpose is to understand the reality of leadership as a concept. Pakistan has always

lacked in true leadership, which is a dilemma of Pakistani society. The crisis of

leadership has been a predominant phenomenon in the political system of the country.

Chapter No 2: Literature Review and Theoretical Framework

The second chapter includes review of literature on leadership in Pakistan in

particular and that of the world in general. Descriptive material and data have been

gathered. A structure of various themes/variables have been formed on which, other

chapters are based. This chapter not only focuses on literature review but also takes

12

into account various models, theories and approaches presented by various scholars

and theorists.

The following theories, and approaches are discussed in detail and effort has

been made to develop relationship between leadership role and democratization

process. Charismatic leadership, Trait Theory of leadership, Path-Goal Theory,

Situational Leadership, Elected leadership, Qualitative and Quantitative Leadership

and Achieved Leadership. Besides these theories, this chapter developed a framework

around various themes and devices of Democratization.

Chapter No 3: Leadership and Democratization in Pakistan: A

Historical Perspective (1947-1971)

Every development has its context and history. Development process can be

gauged with the paradigm of time and period. To give detailed account of leadership

placement, characteristics, role in the process of democratization of Pakistan since its

inception, it is necessary to provide a line of direction for future leadership for

ensuring democracy in the country.

In this chapter, working of Assemblies, Constitution making and its

implementation, division of power, role of political parties, people’s mobilization

either through protest or peaceful ways, elections at provincial level and voting

turnout, institution building, people’s participation, accountability, interaction

between ruling party and opposition has been taken into account. In this chapter

political leadership, process of democracy and transition for more democratic norms

have been analyzed in historical perspective or with historical background since 1947.

Chapter No 4: Zulfiqar Ali Bhutto: Populist Style of Rule

Fourth chapter deals with qualities of political leadership of Z.A Bhutto. It

also looks at those steps and measures taken by the Prime Minister Z. A Bhutto to

bring democratization in the country in terms of constitution making, holding of

elections, political party‘s function for integration of the country. It also sees the

impact of Z.A Bhutto‘s political policies for strengthening democracy in Pakistan.

The purpose to make this chapter a part of research is, therefore, to throw a light on

the personal attributes of Z.A Bhutto as a political leader who transformed Pakistani

13

society at large with his personality traits. The impact of these transformations

initiated by Bhutto has also been analyzed in this chapter.

Chapter No 5: Islamic Democracy of Zia- ul- Haq

This chapter includes the basis for the justification of the military’s

intervention. Democratic process was once again interrupted by the army which

created a gap in political process of the country. It also highlighted the policies of

General Zia in the name of Islam commonly known as Islamization policy. The main

objective to include this chapter is to examine the kind of democracy that he

introduced in the name of Islamization. In such a system of government, political

parties were not allowed to contest the elections.

Chapter No 6: Benazir Bhutto: A legacy of Bhutto Family (1988-

1990: 1993-1996)

Sixth chapter sheds light on the role performed by Benazir Bhutto as an

elected leader in her two eras. She was the first youngest civilian/political leader of

Pakistan that came into power after the long military regime of General Zia-ul-Haq.

She got the opportunity twice to work for democracy. She was considered as the

starter of democratization of the country. In this chapter light will be thrown on the

role and impact of Benazir’s policies on democratic process of the country in one way

and the other. This chapter is also highlighting the background features of her entry

into the politics of Pakistan. It also focuses on the factors that pushed her to adopt

such policies which ultimately decided the course of the country’s democracy.

Chapter No7: Nawaz Sharif: The Chosen Leader transformed into

Politician (1990-1993:1996-1999)

The chapter focuses on two elected terms of Nawaz Sharif’s government and

deals with the role performed by him in bringing democracy in Pakistan. It also

ponders on the reasons behind the dismissal of his governments; once by the president

with the use of 58(2) B (8th amendment in the constitution of 1973 of Pakistan which

affect the parliamentary structure of government) and second time by the military

intervention. It concentrates not only on the qualities of Nawaz Sharif as politician but

also analyzes his transformed personality from businessman to a political leader. Era

14

from 1988 to 1999 is taken as the decade of democracy in Pakistan. Analysis is based

on whether he proved to be a promoter or exploiter of democracy.

Chapter No 8: Musharraf Undermines the Democratic Culture

This chapter highlights the factors and deep rooted motivations which led to

the military intervention in Pakistan’s politics in 1999 after the dismissal of the

government of Nawaz Sharif. It also reveals the dual role of a military man such as;

his efforts to stay with the power like authoritarian rulers on one hand and to work for

democratization of the country on the other. Musharraf era is considered as modern

which left inedible impacts on the lives of the citizens of Pakistan. Analysis and

correlation has been developed between democratic norms and Musharraf’s

modernization.

Chapter No 9: Conclusion

A comparative analysis of political leadership is undertaken in the last chapter.

Themes/variables which are supportive of the study of different political leaderships

and their role in bringing democracy in Pakistan since 1971 are discussed. It assesses

the effects of the working of political leaders for evolving viable political culture

which ultimately enhances the prospect of the success of democratization process in

the country.

Furthermore, in this chapter, conclusions regarding qualities of political

leadership, their role for bringing democratization and its impact on people of

Pakistan will be drawn, which can lead towards true participant political culture in the

country. Conclusions not only summarize the thesis but also give some line of

directions toward attaining effective political leadership.

1.6. Research Methodology

While conducting research, a relevant selection of research method has a

crucial role as it keeps the researcher on the right track. There are three common

methods used in social sciences i.e. literature review of primary and secondary

sources, analyzing the related documents and interviews where needed. All the

mentioned methods would be relevant in one way and the other depending on which

method suits to the problem for data collection.

15

Pakistan is a country of diversity and complexity, characterized by marked

differences in the geographical boundaries, languages, cultures, economies, politics

and voting behavior of its different regions and provinces. Therefore, we will keep in

view the variation and would deal with them within the framework in which they

operate. A comparative analysis of various eras of Pakistani politics will also be taken

into account.

In order to comprehend and elucidate the themes and variables of democratization

process and political leadership role, the interpretation of the literature and data asked

in the form of questionnaire has analyzed and interpreted which will take various

approaches and methods. Effort will be made to grasp the mechanism of leadership

along with democratization process through descriptive findings and analytical

method. Some supportive data has been collected through empirical method in the

form of questionnaire and interviews that has also been utilized.

For this research I will be using primary as well as secondary sources of

literature to the relevancy of any particular section of the research. My research also

relies on original governmental documents and related literature. Sources of

information are determined after selecting the topic of research according to its

nature. Primary sources of data include; questionnaire, official documents to support

the facts and interview with selected members of Pakistan National Assembly of 2008

and Social Scientists of Pakistan. Social Scientist includes professors and doctors in

Universities of four provinces of Pakistan. Random sampling was done to collect

information from them. Data collected through questionnaire has been analyzed

statistically and shown in tables.Secondary sources of data in the form of books,

Journals articles, magazines, reports and newspapers have also been used.

1.7. Scope of the Study

At present time, mostly political developments are linked with the role played

by the leaders whether it is a process of democratization or national integration. The

factors and variables of the relationship between political leadership and political

culture affect the process of democratization. Various political leaders are to be

studied under functional framework for developing a connection between political

culture and democratization. .

16

It is the need of the time to explore the realities of leadership phenomenon how it

works in a given polity. It is also needed to analyze the various factors and elements

that are responsible to develop a viable political culture by the leaders which

ultimately become supportive instrument to put country on democratic road.

The scope of this research has been determined with the following points of

justification:

• It increases the basis for understanding the very concepts of leadership and

democratization.

• It evaluates the relationship between the dynamics of political culture and

leadership role in bringing democratization.

• It finds out the reality of political leadership from 1971- 2008 which shaped

and reshaped the polity of the country.

• It highlights the effect of the working of leaders in bringing democratization in

the country whether it strengthen the institutions or not.

• It further clarifies the nature of political culture that has shaped and reshaped

the behavioral patterns of leaders and people of Pakistan to ensure

democratization.

• It presents comprehensive information that is needed to evaluate the

functioning of various political institutions.

• It provides the framework under which an effective leadership can be

achieved.

• Recommendations and measures to ensure democratization by the role played

by the leaders through various political institutions.

1.8. Limitations and Constraints

The phenomena of leadership and democratization seem very simple at their

outset but at the same they are very procedural, huge and incomprehensible. There are

multidimensional dynamics involved such as politico-economic and social.

17

There are a variety of definitions and explanations of leadership and

democratization phenomena which is one of the impediments to have a single

definition and meaning of these two concepts. Besides, the phenomenon of political

culture has also various implications which vary from one democracy to another and

difficult to grab.

This study has various limitations and constraints. First limitation is to

approach National Assembly from 1971 to 1999 for collecting data.

Second limitation is related with the generalizability of the data which will be

collected from only one National Assembly i.e. 2008. All efforts have been made to

minimize the impact of the above mentioned limitations and constraints faced by the

research. It is hoped that whenever faced with hindrance, an alternative authentic

method will be applied to fill in the gap. This research required considerable finance

but I was unable to acquire financial assistance neither from my University nor from

HEC.

Hence, in keeping with all the limitations and constraints in this research,

effort has been made to ensure analysis on objective basis.

18

CHAPTER NO. 2

LITERATURE REVIEW AND

THEORETICAL FRAMEWORK

19

INTRODUCTION

The focus of this chapter is to review the literature on leadership, political

leadership and its role in helping to establish democratic set-up. It is explained from

the perspective of a theoretical framework. It is significant to perceive the function,

role and position of a leader in their respective political systems to establish

democratic set up. Thomas Rywick, a Social Psychologist, highlights that “after

passage of decades, leadership phenomenon in human organization is still not

properly theorized and empirically tested and verified being an important and central

to all human activities”.12 There is also literature dealing with the character and

nature of leadership concept in which classic work of Aristotle, Machiavelli, Max

Weber, J.S Mill given an insight into the leadership phenomenon with modern

thoughts.

Furthermore, biographical and autobiographical studies help us to

conceptualize leadership. It may include the study of Prime Minister or a President

but these works are not lacking deficiencies as some authors do not expose all the

capabilities enough to make objective assessment in reaching certain conclusions by

making comparison of political leadership internally as well as externally. The range

of analysis about the evolution, making and effectiveness of a leader, has been

covered through sociological, political, economic, decisional, psychological, business

and transformational dimensions.

This chapter intends to address the thoughts relating to the issues i.e. political

leadership and democratization so that a better understanding of the concepts can be

made. There are multidimensional approaches, theories and hypotheses developed to

deal with the phenomenon and to describe the peculiar features of various kinds of

leadership. Various writers, scholars, philosophers describe this phenomenon with

varying connotations. These philosophers and scholars have utilized different

methodologies to assess the qualities and effectiveness of a person who can be

characterized as a leader. Some of them have discussed leadership as a process; many

of them taking leadership as innate quality of an individual; while others evaluate

leadership from qualitative and quantitative perspectives; there are many scholars who

took education as a criterion to develop leadership in a given situation; there are few

12 Howard Elcock, Political Leadership, (Cheltenham, Edward Elgar Publishing Limited,2001), p.16

20

who made education and taxation as criterion for achieved leadership. Still others

discussed leadership in various categories including political, bureaucratic and social.

Some writers look it as an art of institution building. According to them, it may be one

of the sources of power, through which polity can be built and developmental changes

can take place. Nevertheless, one widespread conception in the work of these scholars

was the centrality of leadership phenomenon at every stage of human activity.

2.1. Leadership According to Classic Thinkers

Leadership role gained a considerable importance in the development theories

and process of development. Plato, a Greek philosopher talked about the philosopher

king and maintains that “education is the only decisive factor to create leadership in

societal process”.13

He further stated that a leader who is not educated would not be in

a position to maintain justice in a society.14

He gave an example of Peloponnesian

wars which remain continued due to the role played by the conflicting leaders who

were not passably educated.

Aristotle stressed that leaders are naturally born. In his classic work ‘Politics’

he deduced that “some men are born to rule and some are to be ruled”.15

There are

various points of view regarding the process of leadership in which Marxist have their

own views and they focused that “only social and economic factors determine the

course of development for people and nations. The leaders and followers are just

players who play game according to set rules made by socio-economic forces”.16

Marxists assert that ideal and final society after revolution is mainly due to the

conflicts between the ruling group based on economic power and exploitative class. 17

Elitist theorists, on the other hand, including Mosca, Pareto, Michel and

Manham opposed Marxists Theory. According to their connotations rule of few and

small number of people over majority is a political given not cultural and economic.

13 George H. Sabine,A History of Political Theory,(London:George.G.Harper,1966), p.39 Plato talked about Philosopher King in his book “The Republic”.Philosopher King is an idea according

to which the best form of government is that in which philosophers rule. 14 Ibid. 15 Richard Mckeon, Introduction to Aristotle, (New York: The Modern Library, 1947),p.553 16 Howard Elcock,2001,op.cit., p.4 17 Marxist philosophy or Marxist theory is works in philosophy that are strongly influenced by Karl

Marx's materialist approach. It also focuses on class relations and societal conflict, that uses a materialist interpretation of historical development, and a dialectical view of social transformation.

21

Geraint Parry, Emeritus Professor of Government, made an analysis of elite

notion in these words “the appearance of democratic majority control over the

minority is illusory”18

The minority is in a position to maneuver the external

procedure to its own end where it will buy the votes. Electorates will select its leader

from those God chosen people which become elites. All elite theorists confirmed and

have same opinion that whole political structure or political edifice of the society

comprising few people who occupy the political offices. Political edifice and

processes are basics for justifying the power holders is not an economic process.19

Likewise the factors involved in rule of few on masses are fundamentally political.

Political leadership is the exercise of power and influence in such a manner

where leaders in the real sense leave a trail. It also has capacity to work in a social

collectivity to transform thoughts, purposes and goals of that group and on the other

hand to generate new political structures to achieve that goal set by the assent of the

leader and followers. To carry out such behavior leaders should have a justifiable

position. According to these philosophers to recruit people against vacant positions is

the fact of life in political affairs and administration. Difference can be seen in a

variety of societies to observe the political participation and political influence. This

difference heightened the concept of political elites.

Political leadership study is different from political elites or elite theory as

Garient Parry stated the object of political elites study is to examine the structure of

power in communities to see whether it is in the hands of unified, self-cognizant

minority or not.20

Some stated that few great men bring changes in the course of

history whenever it is needed or required.

For elite study Mosca and Pareto, the both sociologists came up with their

stand points as Mosca divided the society into two groups; one is the ruler and the

other to be ruled.21

Pareto made distinction between governing and non-governing

elites in a society.22

This fact cannot be denied that there is a stratification of the

political authority in which few people are more powerful than others. In the eyes of

18 Ibid. 19 Ibid.,p. 5 20 Ibid.,p.130 21 Mosca The Ruling Class,(ed,A.Livingston)NewYork:,McGraw Hill,1939,p.1 22.Dennis Kavangh, Political Science and Political Behavior,(London: George Allen and Unwin,1983),

p.128.Also see Pareto,The Mind and Society,New York:Harcourt Brace,1935

22

Dahl these few people are political stratum which means few, a small number of

people who are liable for political proceedings of the state. It becomes good to erect a

paradigm under which political recruitment can take place. Either it is on hierarchal

base or on participatory move. Political leadership learning refers to political office

holders and decision makers. To study leaders in the capability of position holders is

relatively uncomplicated but learning leadership is a multifaceted phenomenon. In

this way, elite or positional approaches identify leadership behavior and its tricks

through its clutch over politics and offices of powers and positions.23And here one can

take the study of presidents and prime ministers as leadership studies. To hold office

is different from the way one exercises power in various political situations.

Robert Michel, an elitist theoretician evolved his ‘Iron Law of Oligarchy’

while conducting research on European Social-Democratic parties in the beginning of

20th century. As a matter of fact, he deduced that, political organizations and

institutions should be managed and controlled by those who are interested in the

management of political affairs. He took leadership as political manager to look after

political affairs of the given polity. According to Michel, leaders emerge

instinctively.24 They perform their functions recklessly.

Max Weber, a German sociologist and political economist made an in depth

empirical evaluation of various social roles and touched almost every sphere of

human life including religion, law, bureaucracy, charisma, political group with

position. Perhaps on this report, Max Weber has dealt leadership in a wide spectrum

in his classic work on “Economy and Society”. He discussed leadership in

marketplace place and socio-political realm of the society. 25

In his point of view,

leader is a person who possessed exceptional qualities and infused with celestial

authority. It also plays a significant role in traditional power structure in bringing

change.

Max Weber has handled almost every aspect of leadership phenomenon and

his theory of charismatic leadership emerged more effectual in shaping the individuals

23 Ibid., p.129 24 Edward Elcock,2001,op.cit.,p.40 25 Surendar Nath Kaushik,Pakistan under Bhutto’s Leadership,(New Delhi:Uppal Publishing

House,1985),p.23

23

where they become leaders.26

Max Weber explained Charismatic Leadership as

“resting on devotion to the extraordinary blessedness, intrepidness or consummate

nature of an individual person and of narrative sample or order revealed or ordained

by him”.27

On the other hand some leadership may be practiced by few men who have

no prescribed political clout with them but still they called leaders.

Utilitarians have dealt with leadership in special context of legislators. Jeremy

Bentham focused that representatives should work for “greater happiness for greater

number of people”28 They based leadership on people’s sorrow and merriment. Jermy

Bentham restates that these legislators have to calculate continuously, the factors and

reasons of soreness and happiness of the people.29

Likewise, John Stuart Mill stressed two things; taxation and education to send

representatives in legislatures.30 Another desirable point can be that they know they

are educated people and taxpayers therefore, they can have a say for the betterment of

people as compared to others. The explanation and view point of Utilitarians are more

idealistic, specifically in developing countries of the world where education and

taxpaying is not an established rule.

Hegel, a political philosopher, is of the view that leaders are the few people

who are selected by God and at the same time they perform according to their selfish

motives and wellbeing.31 Hitler and Stalin fall in this category; Hitler’s action against

Jews as final solutions to the Jewish subject and Stalin‘s focus on collectivization by

force are examples of imposition of their personal hold and authority.32

26 .Nester Williams,International Relations,(Australia:Woodsworth Thomson Learning,2001),p.212 27 Charismatic Authority, http://en.wikipedia.org/wiki/Charismatic_authority 28 John Stuart, Mill,Utilitarianism,Liberty and Representative Government,(London:J.Mdent and

Sons,1940),p.195 29 Ibid.,p.197 30 Ibid.,p.207 31 Ibid., p.3 32 It was a part of Hitler’s five points national socialism policy in which he said “None but members of the nation may be citizens of the State. None but those of German

blood may be members of the nation. No Jew, therefore, may be a member of the

nation.” And Stalin put focus on policy of collectivization in Soviet and it took place between 1928 and 1940.

The goal of this policy was to create harmony between individual land and labour into collective farms.

24

Thus, leader is a person who is responsible for creating a situation in which

team work can be possible. He has an ability to influence others for those things what

they don’t want to do. One fair definition can be that leadership is a process in which

person has ability to persuade others to accomplish tasks. To test whether leadership

is inevitable or merely conditional development, it is essential to elucidate the

question of vision and power. About vision it is said that where there is no vision

people perish and vision has to be originated by the leader. On the basis of vision

most of the leaders justify their actions. In this category of leaders Hitler and Stalin

can be taken as examples. Hitler’s vindictive action and policy towards Jews to

resolve Jewish matter and Stalin’s center of attention was on collectivization by force

which served as implementation of their personal rule and control.

The collective thoughts of writers about the leadership equated it with the

formation of different kinds of governments either it is self-governing, dictatorial,

despotic and authoritarian government. A leader who is imposed from the top may

have little loyalty with his followers and is a less credible person than the leader who

got elected through the votes and consensus of the followers. These elected politicians

are more able to exercise their influence on their followers to keep control over

constituencies if they want to remain in power either through legitimate or illegitimate

way.

2.2. Leadership According to Modern Thinkers

In addition to the above mentioned classic and traditional writers, philosophers

and theoreticians, David F. Roth, John F.Kennedy, John W.Gardner, Warren Bennis,

John.T.Rouke, Gibbs R. Johnson, Bruce Bass, J.Henry Korson, Craig Baxter,

Lawarence Ziring, Mohammad Waseem, Hassan Askari Rizvi, Stanley Wolpert,

Michel Williams, John L. Pierce, Richard L. Hughes and Howard Elcock have

sustained with the almost same connotation of leadership. Their points of view and

explanations have remained less operational in all the societies. Consequently, they

tried themselves to provide a base line for the definition and explanation of

leadership. Although, leadership is multidimensional process comprising of situation,

followers and leader yet the focal point is leader.

25

Napoleon dexterously commented on the comparative importance of leader,

followers and situation as “Men are nothing; it is the man who is everything. It was

not the Roman army that dominated aims but Caesar; it was not the Macedonians

army that reached the Indus, but Alexander”.33

This is true somehow because leader

can change everything with his leadership ability and vision.

In addition to multidimensional factors involved in leadership process power

and influence have imperative position with others. They two, most of the times

determine the site and set of a leader. Power and influence are two factors to

characterized successful leadership which can be a derivative from diverse sources.

This nuance is very much supported by the declaration of V. I Lenin in these words

“the true leader must submerge himself in the fountain of the people”.34 Power and

influence has also various perspectives in the eyes of the scholars. Most important is

how and in what way this is going to be exercised by the leader. Power and influence

are the realities of the modern polity in which leadership process will be occurring.

Moreover these realities also recognize the belief system possessed by a person who

is becoming leader. The concept of power is useful to comprehend how and in what

way people influence others. This phenomenon is a variable that changes as

conditions change. It may have various kinds; legitimate power, coercive power and

reward power.35

Mostly democratization process is determined according to nature of

power what a person possesses for becoming a leader. Most of the dimensions,

aspects, and definitions of leadership involve a procedure in which followers,

situation, power and influence are part of it. There are different kinds of the basis of

social power to influence others:

33 Ibid.,p.106 34 Ibid., p.120 35 Gray Yukl,Leadership in Organizations,Delhi:Pearson Education,Pte.LTD,2004,p.145

26

Kinds of the Basis of Social Power

Figure No: 2.1 Kinds of the basis of Social Power

Source: Prepared by the researcher by using various sources.

“Leadership is not about title, position or flowchart it is about one life

influencing another” as John C. Maxwell stated.36Above mentioned figure clearly

indicated that power and influence are must for leadership. It is accepted that qualities

are naturally embedded in a human being to become leader and it is also supported by

the great scholar Aristotle. He is of the view that these are the qualities which make a

person’s position stronger and effective in the society. But most of the philosophers

have this connotation with them that qualities can be acquired from the interactional

patterns of the society.

Richard L. Hughes has discussed leadership as a process and not a position”37.

He stated that leadership is a process of influencing others in such a way where

objectives/goals can be achieved. There is consensus on very pertinent factor that

leadership is a process in which three elements are involved. Hughes made this

relationship as theme of his book and wrote that leadership is a process of mutual link

of three factors; leaders, followers and situation. This relationship has its own

requirements and very effectively expressed by George Brandes in his words that

36 http://www.sermoncentral.com/articleb.asp?article=John-Maxwell-94-Leadership-

Quotes&ac=trueRetrieve on 9-8.12. 37 Richard L.Hughes, Leadership:Enhancing the Lessons of Experience,(Boston,McGraw Hill,2002),p.

2

27

“The crowed will follow a leader who marches twenty steps in advance; but if he is

thousand steps in front of them, they do not see and do not follow him.38

By the interaction of these three elements leadership phenomenon emerge on

the scene of the society at every level. To shape leadership, these three above

mentioned phenomena remained focusing points in the views of the researchers. But

few researchers have different standpoints on the following qualities of a leader;

personality, physical traits, behavior.39 It is considered that a leader acts as a

‘Rational Maximizer ’who will act in the ways gruanted to maximize their support

among their followers. There is dire need to show some inspirations for the followers.

A leader must be aware of whole situations and know the real problems and needs of

the followers. There is one more factor involved in the leadership process that is

communication of two sides. What the leader says should be reached to the followers

and what needs are requested by the followers should reach to the leader.

Geoffrey Vickers stated and understood leadership at two levels: First is

broader conception of the direction and advance of historical forces and second is the

capacity to understand one’s own society in all its historical and cultural

complexities.40 He is of the view that without historical context of the society from

which, he is emerging, the role and position of a leader cannot be determined. For a

leader there are two very imperative forces that push him to behave or act in any

organization; traditions, mores and environment. Leadership process can be

categorized by various characteristics.

38 Ibid. 39 Ibid,p. 6 40 Lawarence Ziring,Pakistan:The Long View,( Darham:Duke Univeristy Press,1977), p.243

28

Table No 2.1 Leadership

Factor Characteristics

Leader Vision, personal traits, position, expertise

personality,values,motives,skills,capacity,integration,ethics,power

& influence and attribution about followers

Source: Prepared by the researcher

E.M Kelly wrote “remember the difference between a boss and a leader; a

boss says “go” ____ a leader says “lets go”41

. It becomes difficult to confine

leadership phenomenon to one or two explanations and definitions rather it needs to

look across the board to get wide range definitions of leadership so that it

complexities can be removed. Although after having lot of definitions to decipher the

phenomenon of leadership by various writers, theorists, researchers, and scholars

became all in vein.

Howard Elcock in his research article ‘Political Leadership” says that vision is

the mandatory part of a leadership and inferred; “where there is no vision the people

will expire”.42 Some are taking it as directive and creative move for change.

Furthermore, it is dealt under relationship between power, influence and leader

himself. At the same time prominently conceived notion of usage of power should be

safely handled. Some are talking about its implementation that if one has great power

should use it lightly. Another view, a person who left great impact on the followers

through his vision is called a leader. It is noted in the article written by Howard

Elcock’s Political Leadership’ that “It is universally accepted quality and trait of a

leader to have vision of any kind for his nations. The leaders of the world have

brought changes and decided the course of history according to their vision even after

perpetrated horror.

41 Richard L .Hughes,2002,op.cit., p. 6 42 Howard Elcock, 2001,op.cit.,p. 3

29

Table No 2.2 Leadership

Factor Characteristics

Followers Trust in Leader, traits, values, requirements, needs, optimism,

skills, task management, cohesiveness and attribution to the leader.

Source: Prepared by the researcher

It becomes a new idea to see different followership styles because leadership

behavior is convincingly common or known. In the process of leadership followers

manner has a very important place. Their roles are pivotal in determining the activity

played by a leader. Participation and role of followers determine the situation. Yiddish

explained the mode of participation in these words;” If you act like an ass don’t get

insulted if people ride you”43One more issue related with leadership its legitimacy in

the eyes of followers. It is also linked by the extent to which followers involved in the

recruitment process of the leader.

One question that arises here is what is the main source of leadership power,

leader himself or it is derived from the follower. The answer may be both because of

having their own justification. It is properly noted down by Lord Byron that “when

we think we lead, we are mostly led”44 It is obvious to be noted that leader has

divergent qualities such as skills and motivations. On same lines it is a must for

followers to be motivated, skillful and energetic. Their expectations, personality traits

and level of participation plays significant role in the process of leadership.45

Table No 2.3 Leadership

Factor Characteristics

Situation Size of the organization/polity, arrangement of the task,

environmental attributes, either certain or uncertain, external

factor, task stress

Source: Prepared by the researcher

43 Richard, L .Hughes,2002,op.cit.,p.33 44 Ibid.,p.111 45.Ibid.,p. 31

30

It is another component of the leadership formulation. Only then leadership

becomes effective when in a given situation it comes into contact with followers.46

Leadership behavior is formed by various aspects of the situation. When a group in

any situation joyful, good, and antagonistic or crises, it is anticipated from the leader

that he will change the situation with the collaboration of followers. As followers

wanted to see leader more influential, daring and pushy that can manage the situation?

Hence it is analyzed that leadership is a phenomenon that takes shape after

merging of three elements with each other i-e leader, Followers and situations.

Leadership is much wide phenomenon as compare to see leader. One has to put focus

on changing nature of relationship of leader-followers. It is fact that good leadership

increases the poise among followers and definitely makes a difference. Its

effectiveness can be better through the studies of these variables that involved in

leadership process.

John F. Kennedy believed that Leadership itself evolved with the help of

education and experience. In the words of John F. Kennedy; “Leadership and learning

are indispensable to each other”.47 It is equally important to measure the effects of

leadership on a study because it can make a man a society. The rise and fall of

dynasties is due to the role played by the leaders. There are certain methods to

measures the affects of leadership in which two broad categories are involved i-e

Qualitative approach (Case Study method) and Quantitative approach (Co relational

studies) Quantative studies are used to decide the statistical association between

leader’s traits and follower’s agreement.48

Through qualitative approach his

background, education, vision, inspiration, functions, role, decisions and relation with

followers has understood. On the other hand quantitative approach has developed

correlation between and among various variables to know the nature of the

relationship between the leader and the followers in a given situation.

Interestingly,it is a matter to find out your own way by means of above

mentioned apparatus but this is not final journey as in “Mastering leadership” Ralph

Waldo is of the view that “Do not go where the path may lead, go instead where there

46 Ibid.,p. 38 47 Ibid.,p.48 48 Ibid.,p. 96

31

is no path and leave a trail”.49

Political leadership can be better understood with the

four variables____Power; Authority; Legitimacy and Compliance. Nevertheless, out

of all these four determinants, the legitimacy got vital position in the eyes of the

scholars and researchers to decipher the phenomenon of leadership.

David F. Roth stated three attributes of an individual which provide the basis

for high-quality leadership; behavior, position and individuality. 50

As a matter of fact,

these are the requirements to see workable leadership anywhere in the world. Through

them, basis of leadership cannot be achieved. Max Weber did not support the idea of

Roth. According to Weber, Roth talked and selects those qualities of the people who

already have positions and authorities with them, which cannot be universalized.

Warren Bennis, a researcher and theoretician took leadership in both

qualitative and quantitative context; He certified, as a matter of fact, that traditional

thinkers and writers standing on vision and integrity as the most pivotal aspects of

leadership. He also accepted that leaders are natural born as well as shaped through

certain elements including environment, culture and nature of political system.51

Bennis vigorously stated that vision, which a person hold, work as a most functional

device to build up a society. G.W Gardner has a same point of view.

John W. Gardner, US scholar wrote on “On leadership”. In his work he, very

widely, argued the need for the leaders in a given society generally and in

organization particularly. According to his argument, the need of the leader is found

in human instinct. Human beings are inclined and think uncomplicated to the person

who has father stature and lastly the need to avoid ill-treatment of power as the

authority may shift to invisible exploitators. Thats how leaders secure the people and

state.52

Leadership is a complex phenomenon with anecdotal appearance. Not two

leaders seem to be identical. Therefore, it becomes difficult to reach on any classic

definition and elucidation of the leadership. Researchers and scholars have shed light

49 Michael Williams, Mastering Leadership,(New Delhi:Viva Books,2008),p. 250 50 David F. Roth,The Comparative Study of Politics,(Princeton:Printice Hall incEnglewood,1980),p.

264 51 Warren Bennis,On Becoming Leader,(New York:Addison-Wedley Publishing Company,1994),p.39 52 John W.Gardner,On Leadership,(NewYork:Free Press,1993),p.141

32

on this phenomenon through their own ways which pave the way for us to look into

the qualities and role of leadership in a given polity.

Surendar Nath Kaushik in “Political leadership of Zulfiqar Ali Bhutto” said

that the phenomenon of political leadership however is ultimately a phenomenon of

legitimacy. It is true because a leader is respected in part due to his personal traits in

part because of the possession of power itself either it is coercive or cohesive then he

will enjoy the reputation. According to McFarland “the leader has ability to influence

the people and their behaviors in such a way where they will act upon their wishes

and become participant to achieve their tasks.

The discussion, whether leader is born to rule or formed is pointed by these

researchers and philosophers so that reality can be explored. It has been highlighted

that the interrelation between these two makes a person a leader. Michael Williams

asserted that leaders developed themselves.53 Similarly Warren Bennis is of the view

that leadership can be inborn quality and can be planted through certain elements such

as society, environment and the nature of polity. 54According to Fukuyama, liberal

democracy is the “end point” of mankind’s ideological evolution”55.

For development there are many systems that evolved in different parts of the

world in which leaders play their significant role. In these systems some are

associated with nature of the state and some are related with type of government,

federal, confederal and unitary are the forms of state and democratic, authoritarian,

totalitarian, dictatorial are the types of the government. Among all types, democracy

is considered as best form of government in modern epoch of the world. Although it

has variety of implications in various parts of the world but there are some essentials

for it. In human history we cannot find that people used to live under an organized

form and set up that could resolved their conflicts and problems and considered as

democratic regimes. Even, Greek city states had democratic aspects and value system

of its own and self imposed.

With regard to this, one very important question has to be attended i.e. from

where democracy comes. Answer can be found in this reality when one sees in

53 Michael Williams,2008,op.cit.,p.81 54 Warren Bennis,1994,op.cit., p.39 55 Francis Fukuyama, The End of History and the Last Man, (Penguin Publishers, 1992),p.1

33

historical times when decisions were made through consensus. Most of the systems

were run by few people ultimately. Democracy or democratic rule is recent century’s

development. Around the world people, political leaders started getting more security

under democracy. Lord Bryce stated that “Democracy is the natural, and therefore, the

inevitable form of government”56

Before going into details of implications of democratic setup one must nail

down terminology of democracy. Patrick O’Neil stated that democracy addressed by

various kinds of institutions that represent democracy. They are as follows:

� Participation

� Competition

� Rule of Law

� Liberty.57

Participation is responsible for democratizing the social structure of the

society. It also involves the democratization of the structures and roles in given

environment. Individual’s right to participate in government and to influence the

process by which the life of a person can be managed or determined is main theme of

democratic polity.58

For some participation is not more than an illusion because

successful structures and institutions are needed for democratization which are formed

ultimately by the representatives and real rulers. Things called democratic ends are

not left on individuals rather on capable people that are decision makers. On same

lines rule of law is another major component of democracy and go side by side of

democracy. Without it other elements will have no worth. With rule of law all

ingredients can be the part of democracy. As liberty and freedom can only be enjoyed

and practice when everyone is equal in the eyes of the law. In a society there are

groups of individuals on the basis of their social and economic basis and they try to

maneuver the situation and system according to their personal whims. Among them

landed aristocracy is one of them and when they are seem to be died then democracy

flourish.

56 Barnard Crick, Democracy: A very short Introduction,(Oxford: Oxford University Press,2002),p.8 57 Patrick O’Neil,Essentials of Comparative Politics,(Newyork:ww Norton and Company,2004), p.148 58 Margaret Ng,Why Asia Needs Democracy,Journal of Democracy,Vol.8,No.2,(April,1997),p.10

34

Barrington Moore Jr. gave argument that democracy is more likely to occur

where landed aristocracy was in decline by its social and economic

power.59

Competition is paving the way for suitable people to come in power and

become representatives. Fair competition can be seen through transparent elections in

which everyone has opportunity to appear in competition and prove his or her ability

and potential in right time. Opportunity does not means that every person either he is

a sane or mentally disordered can compete but only those people can avail

opportunity that fulfill criteria prescribed in the constitution of the country.

Robert Dahl gives preference the democracy and considers it ‘ideal-type’

political arrangements in which citizens would be having more chance to formulate,

signify and ponder their demands.60But at the same time Dahl realized that hardly a

country in the world is ideal-type democracy but ‘polyarchies.’Polyarchies means

non-ideal democracies which have some characteristics such as: governmental

decisions making should be in the hands of elected members, fair and transparent

elections, adult franchise, citizens would be free to express their views and everyone

should have right to join any political party61.

The predominant argument given about democracy that democracy is good

because it brings good things to people. It is leveled with economic development and

growth. Some took it as necessary for development of every kind. The paradigm in

which the concept of democracy is dealt has only one side and that side is positive i-e

things are happening in democratic way, they are good if undemocratically done they

are fundamentally wrong or bad.

Democracy has its roots in old Greek times when tradition of governing by the

citizens, their participation and involvement began. But it was objected by the Plato

that it is not making any difference between the poor and the rich, the ignorant and the

knowledgeable being participant of the government. At that time of point Aristotle

came forwarded with beautiful conglomeration of these two opposite stipulations of

rule of few with the consent of many. Democracy is one of the recent phenomena

which has no end or completion. It is today’s political theory to keep system running.

59 Ibid,p 2 60 John.T.Ishiyama,Comparative Politics,(Chichester:Wiley-Blackwell Publishing,2012),p.28 61 Ibid.

35

On the other side it becomes perplexed and blurred phenomenon like leadership. It

has been much debated concept in modern political Science.

Laski is of the view that democracy is not a way of governing whether by

majority or otherwise, but primarily a way of determining who shall govern and to

what extent62

. There are numerous definitions available for democracy but not a

single one among them symbolizes what democracy connotes.No definition of

democracy comprising of wide range of basis which the concept denoted. For some

people it is a form of government and to others a way of social life.

James Bryce made his opinion and groomed the conception of democracy

more concrete in these words “A government in which the will of the majority of

qualified citizen’s rule taking the qualified citizens to constitute the great bulk of the

inhabitants. It can be taken that it is the rule by representatives of the people.”63

Utilitarian, furthermore, have talked about the happiness of the people by the working

of the government in which it has to make an arrangement of happiness for the greater

number of people.

John Stuart Mill, a pioneer of this thought believes in happiness of the

majority of the people and understands democracy as a government of the whole

people by a mere majority of the people exclusively represented. He focused on the

very notion of well-being of the individual men or women that are responsible to form

the society. Society can be considered valuable and first-rate if it is doing in the best

interest of people and where rights can be preserved through constitutional

polity.64Hence, various points of view justify the presence of this concept and

recognized its validation by giving three fold principles such as natural rights,

standard and level of utility and potential and capability of human personality65

Lakshamen Behera in his work titled “Liberal aristocracy: A viable

Alternative to Democracy” seconded above mentioned principles while presenting

following essentials:

62 Henery B. Mayo, An Introduction to Democratic Theory,(Delhi:Streling Publishers LTD,1960),p.59 63 Ibid. 64 Lakshamen Behera, Liberal aristocracy: A viable Alternative to Democracy, (Delhi:Kalpaz

Publications,2006),p.158 65 This arrangement of democratic basis are also discussed and verified by John lock in his work

‘Political Witings’ by John Locke was edited in 2003 by David Wooton,Political Writings,(USA:Hackett Publishing Company,Inc,2003),p.65.

36

� Equality

� Liberty

� Participation

� Legislative Assembly

Only democratic government fulfills these rudiments. Infact democratic

government is responsible to produce results for people’s satisfaction. There are

different models given to define democracy and also described its kinds such as

Athenian Direct Democracy. Following are the main features of Athenian

Democracy:

� Making Decisions in a straight line by the Assembly

� To have power over decision makers by the congregation

� The management of righteousness unswervingly by the large accepted juries.66

In Athens, direct democracy was in practice where people on different basis

were the participants in the making of laws and formulation of decisions/policies. At

the same time they are putting check on the decision makers in the capacity of

legislative body so that they can make justice straightforwardly for the welfare of the

commoners.

Henery B. Mayo has thrown light on some distinguish principles of

democracy. First is to popular control of policy makers. It is a selection of

representatives in elections held at more or less regular interval. Alongside this by

people’s share in policy making or having control over it is generating lot of

misunderstandings. These fallacies are as follows:

� Voter’s direct involvement in public policies at elections which is not possible.

� To keep system legitimate and institutionalized influence of people on policy

making looks odd.

� To have control over political authority by the way of elections is merely a

practice derived on traditional basis.67

66 Henery B.Mayo,1960, op.cit.,p.54

37

The Second distinctive trait of democracy is political equality which is

considered as complex phenomenon. It means every citizen has right of vote. It

becomes institutionalized after ensuring equality among citizens on the basis of votes.

It has various dimensions such as (a) every adult should have the right to cast vote or

according to prescribed conditions written in constitution (b) each individual should

have single vote against each representative and 3rdly, candidates elected should be

directly proportional to the number of votes cast for them.68

The third trait of democracy according to Mayo is political freedom which is

based on people’s free will to exercise their right in election freely for whom they

have to cast vote. Moreover, they have right to displace a person from his seat or

position or not is a big question mark for the proponent of this requirement. Like

equality there are various components of political freedom also.

Electorate should have free preference of vote without any kind of strain or

intimidation that where and for whom they have to use their right. It also based on the

rule of at least two candidates for each place. Such political freedom is inevitable to

form political parties with different course of action. In this context the existence of

political opposition turned to be more feasible and decisive assessment to weigh

democracy in the country.By these two political activities of equality and liberty the

adequate and effective candidates can be selected which is the true spirit of

democratic set-up. Although, equality of voting under the paradigm of political

freedom is the main ingredient of democratic polity, yet has to be practiced in true

spirit

Fourth principle or element of democracy is that decisions are made by

majority which prevail inspite of the fact that representatives are divided themselves.

Representatives are in their offices by getting majority of the votes of the people so

that they can make decisions and formulate policies on the behalf of the majority

people. These principles can be taken as major ingredients define and explain

democracy. Hence it is not a simple task for the reason of dispute and clash over its

derivation and its implication.69 Due to its vagueness, it can be argued that for stable

67 Ibid.,p.61 68 See detail features of democracy in H.B Mayo,1960,op.cit.,pp.59-60 69 Terry lynnkarl, Dilemma of Democratization in Latin America,Comparative

Politics,Vol.23,No.1,(Ocotober,1990),pp.1-21

38

democratic polity and emergence of democratization, number of preconditions is

must.

Schumpeter describes democracy as a polity that permits the choice between

elites by citizen’s voting in elections. Some are of the opinion that democracy is a

process which needs some prerequisites. Terry lynnkarl in his article “Dilemma of

Democratization in Latin America” stated some prerequisites for democratization

which include; wealth, political culture and domestic –historic conditions and

arrangement. As wealth or money become one of the criteria to determine whether

democratization is taking place or not seems hard-hitting condition. According to this

parameter those countries that are lacked in economic resources cannot progress and

don’t deserve to be democratized which is not acceptable. For its results and fruits for

humane development it becomes necessary for every state to go for adoption of it.

Lipset argues in the favor of economy based developed countries that lead

towards more democratic system and he justified his notion in these words that “the

greater the chances that it will sustain democracy”.70 He relates wealth and material

development with the evolution and setup of democracy. Somehow, it is true because

wealthy economies give boost to the masses in every sphere and aspect i-e education,

socialization, mobilization, participant attitude and urbanization.

Second pre-requisite is political culture which is considered as the basis of the

evolution of any kind of political system in a country. Political culture can be

explained that it is a set of believes values norms and attitude towards and about a

polity. And political actions/activity takes place according to the given norms or

traditional basis of the society practices of certain norms and values are conducive for

democracy and democratic set up like if people are literate, aware, socially trained,

tolerant and ready to adapt with changes then it can flourish and can take place.

Political culture has various levels but for democracy participant and civic culture are

indispensable in description. It is also necessary for seeking unity among diversity

and to resolve various ethnic, religious, socio, economic disputes. And it also

differentiated social structure of the society. Pre-democratic beliefs and consensus is

the major prerequisite for the development of this phenomenon.

70 Ibid.,p.1

39

The role of domestic historic settings is the third prerequisite determined by

Terry. At certain time of points those socio economic forces can be used to resolve

any kind of crises so that the power of democratic setup can be shown. But at the

same time this connotation can be argued that if an institution that is not democratic

does not mean that it is a bad institution. To be democratic and bad are something

which altogether separate spheres for discussion in academics.

Despite having various elements, factors, pre-requisites, ingredients and

features the need of reaching on certain main theme of the process of democratization

which involves; participation; competition and liberty is as under:

Table No 2.4 Themes of Process of Democratization

Participation Voting_________Elections

Electoral System: (a)Referendum (b) initiative ( c)

plebiscite

Competition Political Parties__________Separation of Power

Head of the State and head of the government elected and

separate, Bi-cameral legislature or Uni-cameralism,

Constitutional or legitimate courts

Liberty Civil Rights_________Free speech and movement, equal

treatment under law, prevention of inhuman punishment,

Right to fair trial, Right of privacy, Right to choose own

government etc.

Source: Prepared by the researcher by using various sources

Applications of these ingredients lead toward an acceptable explanation of

democracy. A democratic political systems is one in which public policies are made,

on a majority basis, by representatives subject to effective popular control at periodic

40

elections which are conducted on the principle of political equality under conditions

of political freedom.71

There are two types of democracies, direct democracy and indirect democracy.

In ancient Greek or Athenian democracy straight contribution of citizens was

probable. It allowed people to choose policies and making of decisions. It called

direct democracy where people were directly involved in political activities of their

states. It was easy to manage that population’s participation because they were small

city states unlike today’s modern nation state systems.It is analyzed that modern time

democracy is a rule of representatives and is called indirect democracy. It is a

representation of the civic community through elected people or official. And it also

becomes one of the features of the modern states to have liberal democracy by chosen

people either any method or way. Consequently, here is one more very important

point to be discussed that a country only can declare and claim to be democratic if its

leaders are chosen or selected through elections but fair elections, by ensuring civil

liberties and respect/regard for rule of law. Democratization is a process in which

country advances and is ready for such kind of government. At the same time it

becomes difficult to determine criteria that can make democratization possible and

where it takes place. It is a change to more democratic principles in which people’s

participation, liberty, equality, competition, rule of law and preservation of rights are

included. It may be a transition from authoritarianism to democratic set-up. It is not so

simple to look into and its implications rather a complex phenomenon which has

many patterns. These aspects and patterns are used to describe various kinds of

political phenomena.

Moreover certain other factors have lot of influence on the process of

democratization either two ways because some elements/factors limit the very process

of democratization.

71 Henery B.Mayo,1960, op.cit.,p.70

41

Table No 2.5 Factors of Democratization (positive and negative)

Factors How they work

Enhance Limit

Wealth Max Singer favored wealthy states

and called them “Zone of

Peace”72Wealth makes possible for

them what they want to achieve.73

It has some negative

impacts on

democratization as

well. Wealth can be

used to hold the strings

of development for

manipulation.

Education Education is the basic pillar of

democracy. It becomes helpful to

infuse tolerance among people.

Sometimes it did not

prove an effective tool

to bring democracy in

any country. It did not

prove criteria to get

good people in political

offices and positions.

Capitalism It uses human capability and

increase production of resources

At the same times it

monopolizes the

economic resources.

Inequalities increase

due to it which is the

main idea of

democratization. Gap

between poor and

72 Charles Hauses, Democratization, http://www.beyondintractability.org/bi-

essay/democratization.retrieve on 12-9-09 73 See more detail in, Nathan Glazer’s work on “Democracy and Deep Divide” in which Fareed Zikria

recall it as Seymour Martin Lipset voiced in powerful way that ‘the more well to-do a nation the greater its chances to sustain democracy. Lipset’s notion about the relationship between economic development and democratization, Nathan Glazer, “Democracy and Deep Divide”,Journal of Democracy,Vol.21,No.2 (April 2010)

42

richer got higher.

Social Equality Everyone dealt equally in every

sphere. Equal access to every

opportunity.

It stopped struggle and

competition.

Middle Class Preserver of the norms, values and

traditions of the society. Responsible

to keep society balanced.

Universally accepted reality that

middle class can work as balancer in

society. Democratization increases

middle class in society.

In elections wealthy

people maneuver the

situation for their

benefits. In modern

times election become

a game of rich people

and when middle class

try to reach that level

obviously they have to

go for unfair means

which ultimately

restrict democratic

process.

Civil Society It evolves civil society comprising

socially oriented people. It makes

people mobilized with the notion of

participation.

If they are not properly

organized and formed

then they created mess

in the society which

limits the process of

democratization.

Civic Culture Due to competition and participation

a healthy civic culture evolved.

Policies are made according to the

wishes of the people which is the net

result of people’s participation.

Ultimately decisions lie

with few people at the

helm of the affairs

where mass

participation just put

aside which generated

no confidence among

people.

43

Homogenous

Population

It integrated the whole nation and

make population homogeneous by

its very principles.

It works other way

round as well because

it limits opposite ideas

and lesser the tendency

of competition.

Rule of Law It is ensured by the Rule of Law. It

will be more appropriate to say that

rule of law is the major ingredient of

democratization

It has no negative

effect on

democratization unless

it is not truly

implemented.

Elections Election is first step on the road of

democracy in which people have

chance to choose their

representatives.

It is a method to get

people recruited in

political offices. But

when it become game

in the hands of ignorant

then situation will be

no more in favor of

development of

democracy

Civil Liberties People’s right related to their social,

political and economic lives.

“Rousseau said that

man is born free but

every where he is in

chains” It is true that

limitations are

necessary for stability

of the systems. Such

liberties if are not

under proper check can

make democratization

difficult.

System and When one party transfer powers to Parties make coalitions

44

Succession the other party then smooth working

of system and legitimate holding

make democratization possible.

and they adopted

negative ways for

getting political power.

Leg pulling, Horse

trading buying and

selling of bodies

become

hurdle/impediments in

the way of

democratization.

Opposition Role of opposition is necessary for

effective governmental functioning

and to keep representatives

accountable.

At the same time

opposition limit

democratization when

it has aim to toppled

down the government

instead of getting

power through legal

ways.

Mobilization

/Participation

Participation ensures share and

involvement of people in political

activities. Political parties are

formed to mobilize people in any

direction.

Majority rule is

ultimately will be the

rule of few. Sometimes

direct mass

participation restricts

the smooth functioning

of government.

Competition Competition is another very

significant element of

democratization through which

competent people can be placed on

political seats.

If negative tactics will

be used to win the

competition then the

real essence of

elections will destroy.

Source: Prepared by the researcher by using various sources.

45

There are some scholars and writers that discussed democratization in the

perspective of citizenship. Charles Tilly in his article “Process and Mechanism of

Democratization” is of the view that democratization is a movement toward extensive

citizenship, equivalent citizenship and fortification of citizenship. Citizens are

promoted, boomed and developed by competent leadership.74

Relationship between

the leader and the citizenship matters the most and is not dependent on the leader’s

performance only because it varies from time to time. It is also very important and

pivotal to keep up citizens’ buoyancy over president or prime minister .Dissatisfaction

with the political leader and lack of faith, belief, and confidence in polities are the

basic elements to generate feelings of suspicion about the government and subvert the

government.

Character integrity is essentially related to a leader which helps in making

right kind of decisions and governs in better way. It matters what the leader says and

takes stand on it and how he behaves and what he reveals is shaping his integration

with authenticity.75 It has an effect on the process of democratization in one direction

either positive or negative. Not only character but culture is something which is

incorporated prototype of human beings concerning every facet of human existence. It

also provides a paradigm within which leaders operate and in which leaders perform.

It is also reality that different kinds of leaders and leadership may be ideal or cast off

in varying situations where they countenance diverse kinds of conflicts and

collaboration from populace and institutions etc.76

S.P Huntington wrote about three waves of democratization. He stressed that

“competition is the main criteria to see democratization in any country rather to give

preference to participation and it is a historical practice and experience”.77

Democratization is a movement from non democratic regime to more democratic era.

Following are the three waves of democratization which Huntington has taken into

account in his article:

74 Charles, Tilly, “Process and Mechanism of Democratization”, Sociological

Theory,Vol.18,No.1(March 2000),p.204 75 Ibid.,p.205 76 Ibid.,p.207 77 S.P Huntington, “How Countries Democratize”, Political Science Quartly,Vol 106,No.4

(Winter,1991-1992),p. 579

46

1st

wave started in 19th century when about thirty countries became

democratized. This process completed at the end of WWI.

2nd

wave started during WW two when decolonization was taking place in the

world. At this time of point about thirty six countries got democratic setup.

3rd

wave was the peculiar feature of the end of tweinth century. By waves

means what and how countries transformed themselves from authoritarian regimes to

democratic rules in different regions and in deferent time periods.78

Huntington also wrote a book on the “The Third Wave: Democratization in the

Late Twentieth Century” in which he focuses on the causes of the democratization in

1970s and 1980s.The aim is not only to see the causes but how it occurred. What was

the procedure and what ways adopted to bring democratization in these countries.

According to Huntington, political leaders are solely responsible for making

countries democratized. Public masses are also involved in it where they are ready to

end up with authoritarian systems and start with democratic set up. Even democratic

systems evolved differently on the basis of the nature of people’s participation and

leader’s perception, policies and image i-e. Presidential and Parliamentary.

Huntington presented another notion that it is also reality that in developing countries

political leaders and political elites did not invite mass participation.79 They always

try at their utmost level to stop or resist any strain for sharing the power and authority.

Political leader with the support of their subordinates; bureaucrats, military men,

foreign friends and allies at top always defy mass participation and mass mobilization

to take decisions for the best interests of the common people.

A variety of other elements for instance education and economy are discussed

at length by Lipset and Huntington respectively. Lipset’s view on education has taken

a significant place in the studies of democratic process as a key element in initiating

and promoting democracy. 80Some are in favor of combination of two.

Sometimes it depends on nature and number of political parties. Some

countries are experiencing with two party system, some follow single party rule and

78 Ibid.,p.580 79 Ibid., p.507 80 Ibid., p.511

47

some are having multiparty system and structure. These differences and distinctions

make a system stable and democratic. But one very important is that every leader or

main person or official head is elected through elections and electoral procedure in

which mass participation is ensured. Democratic system is established on the very

principles of institutional building which is missing in dictatorial regimes.

Democratization process started when there was dire need to end up with

authoritarian rules like the first wave was started when it was felt to remove

monarchies, empires and feudal aristocracies. Second wave was launched to end up

fascist states, colonies and personality military dictatorships. Third wave includes one

party system, military rule and personal authority All three waves aimed to give right

of participation to people where military, monarchs, fascist rulers were ruling over

people without giving mass look to their policies. Huntington is the stanch believer of

that people or masses are agents in the change process of democracy. According to

him “Democracies are created not by causes but causers”.81 Change is based on

leader’s insight, preference, believes, proceedings, values, ethics, vision and policies

etc. Final consequence and outcome will be furnished with leader’s agreement.

Huntington argues on the causes of third wave of democratization especially,

because, now is the world that has changed in many respects. Causes or factors are as

follows:

a. Loss of legitimacy of authoritarian rule: People are more aware about their

rights and they are more conscious about elections and to have participation in

political activities.

b. Expansion in worldwide economic production; It is helpful for a country to

modernize itself. It brings structural changes in the society.

c. Contingency model: If one country is democratic it has impact on others in the

region. There is another element involved that is external impact/effect. Big

countries can play a significant role in the process of democratization of less

developed countries.

It is happened through following processes:

81 Ibid., p.107

48

� Transformation_____________________Elite controlled change

� Tranplacement______________________Negotiated

� Replacement________________________Regimes breakdown

Democratization, the most significant development and process of modern

nation state systems works only if elites and leaders play role in one way or other.

Change is very much controlled by the elite which mean the shape of democracy is

given the leader. Exchange of ideas and talks with opposites will create the pace for

democracy and increase the very orientation of tolerance among people. It should not

only be in the words of the leaders rather needed to replace the monarchical regime

with mass oriented system. These processes of democratization can only happen if,

following measures work differently but in the best interest of people.

Figure No 2.2: Measures to bring Democratization

Source: Prepared by the researcher by using various sources

49

If they all work in collaboration, it will result in institution building which is a

pre-requisite for democratic course of action in the world.True democracy is one that

can increase people’s participation and mobilization through fair competition in the

form of elections and voting. Adam Przewarski stated the relationship between

participation and equality on the basis of regular and fair elections.82

He also presented

some of the definitional features of the democracy which are as follows:

� Representation

� Accountability

� Participation

� Equality

� Dignity

� Rationality

� Freedom

� Security

� Preservation of Rights83

Major task is to develop relationship between among above mentioned

features of democracy in that way where they can ensure democratic process on

smooth lines. Foundations of democracy are not primarily based on citizen beliefs,

nor in their institutions, but in the relationship of each to the other as justified by the

Stanley A. Renshon.84 He further has stated that citizens are the focal point in every

society and leadership can be best understood in the context of relationship between

leader and citizen.

Stanley A. Renshon focused on the citizens, as he describes that institutions

are formed and built by the constitution but cementing agents of successful

82 Adam Przewarski,Michael,E Alvarez, Democracy and Development, Political Institutions and

wellbeing in the world,1950-1990,Cambridge University press,(2000),p .14 83 Ibid., 84 Stanley A. Renshon in “Political Leadership as Social Capital: Governing in the divided nation”,

Political Psychology,Vol 21,No1,(Special Issue), p.199

50

democracy through the constitution are citizens of the state.85

He is of the view that

leadership capitals fairly independent to the social capital and discuss its significant in

these words: “leadership capital is critical element of democratic performance which

consists of competence, integrity and capacity”86

.Leadership functions have been

institutionalized and centralized. Their function is an extension of everyday jobs.

With gradual passage of time it becomes responsibility of the president or prime

ministers to look after welfare, economy, and security of the state. It is resulted in

proliferation of governmental institution and sometimes it generated new structures.

Leadership is very much characterized by the leader’s character and capacity

and performance. Character is core element of the leader. These capacities make a

person’s personality groomed and built it in that way or position where they can be

taken as leader. Therefore certain elements involved in making and building up the

institution of political leadership. These elements by implications are divided into two

types or categories:

Table No 2.6 Elements of Leadership

Reflective Elements Essential Elements

Character Ambition

Capacity Integrity

Performance Relatedness

Source: Prepared by the researcher by using various sources.

Relatedness is a foundation of a person’s stand for others on any issue and

matter. Ambition is like a fuel of leadership which gives energy to perform political

activities either for holding positions or making policies. Leaders need such skills as

help and carry ambitions and to seek results either good or bad. Effective

combination of ambition and skills is cause to generate public wellbeing and interests.

For example, when President Bill Clinton was polled by public on impeachment issue

they evaluated his performance and ethics separately.

85 Ibid.,p.199 86 Ibid.,p.200

51

There are some threats to democracy which are as follows:

1. Social fragmentation is one of them which has some offshoots i-e

� Race& Ethnicity

� Religion

� language 87

2. Economic upheaval

3. Negative role of elites and leaders

There are a few countries in the world that have single majority identity. Most

of the countries have significant minorities, divisions, ethnicity on the bases of

language, race, color and religion. It is a big question for democracy to see that does it

has perspective to manage harms of society or ethnic diversities where all the groups

are forced to put their demands to the political system. It is not must for every

democratic system deals efficiently with such divisions. But at the same time there is

always room for anticipate and transform the groups and identities to be the part of

the whole set-up on the very principles of equality, competition etc.

Thomas Garothers deals democracy with two following concepts

� Political implication

� Developmental implication 88

Through political implications, one has to consider elections which are fair,

competitive and transparent. In addition to it, civil rights have to be protected to

ensure people’s participation in political process of the country. However, some other

additional institutions are needed for democratic set up; independent judiciary, strong

legislature and independent media. There are three dimensions of leadership influence

in democratization; symbolic, strategic and relational. First will be influencing on

construction of identity; second will impacted on the strategies of organization and

third which is the most influential in democratization to communicate with followers

87 Nathan Glazer,April,2010,op.cit.,p. 6 88 Thomas Garothers in “Democracy Assistance: Political Vs Developmental “Journal of

Democracy,Vol.20,No1(Jan 2009)

52

effectively For developmental approach, when a country meets the challenges of the

world by showing its capability of adaptation, which is ultimately possible by the

democratic process.

Ina Acharya in her research paper titled “Political Leadership and Democracy

in Nepal” is of the view that political leadership whenever in rule takes such decisions

that have impact on the course of democracy in one way and the other. This course is

determine by various factors which includes history of a state, kind of political

culture, leaders vision, efficiency and personality dominance.89 Ole Norgaard on the

other hand, stressed on the institutional working for transformation from

authoritarianism to more democratic set up of a political system. Institutions are

responsible for the collectiveness of the interests of the common mass for wider

goals.90Somehow, this conception can be generalized in every kind of polity.

Christian Welzel discusses various theories and develops the relationship between

democratization and elites. Although he keeps social, economic and political

approaches to decipher the phenomena but focuses on the mass oriented

democratization which ultimately can be ensured with the role played by leaders.

91Among all above mentioned themes of democratization, a few can be applied on

developing countries such as Pakistan. Generalization of these variables cannot put

into practice. These concepts are applicable in today’s time in one and the other form

as we noted that some ideas of Laski and other are somehow related with modern time

and Pakistan specially.

2.3. Pakistan’s related Leadership and Democratization Literature:

This research is an effort to emphasize the role of political leadership in

bringing democracy in Pakistan in the existing scenario regarding political economic

set up of the country where shocks and breakdowns are common phenomenon of

political system of Pakistan. Sufficient literature has been written on Pakistan’s

political leadership and democracy but dealt separately. It is need of the time to look

into the depth of the political system suitable for the country like Pakistan.

89 Ina Acharya, Political Leadership and Democracy in Nepal, Mankato,(2008) 90 Ole Norgaard, “Democracy, Democratization and Institutional Theory”, DEMSTAR Research Report

No.4, Univeristy of Aarhus, 2001. 91 Christian Welzel, Theories of Democratization,www.worlvaluesurvey.org/wvs/article/folder-

publication-579/files.Retrieve on 8-3-11

53

Above mentioned connotations and theories related to the phenomenon of

leadership provide a wide range of basis for conceptual framework to analyze

leadership qualifications and role in developed systems of the world but become less

helpful to make any inference about developing systems of the world. There is scarce

literature available written on leadership in Pakistan by Western and Pakistani writers

and researchers. Korson says that most of the leadership in Pakistan belongs to landed

aristocracy. He also commented that most of the issues in Pakistan came out of the

behavioral pattern of this very class.92 Mohammad Waseem has focused on the role of

institutions in Pakistan’s politics instead of talk more about the role of leaders. He,

somehow, seems to be agreed with the conception of Huntington but the role of

leaders has notbeen stressed.93

There are writers and scholars who have highlighted the features and roles of

various leaders in the process democratization of the country. These writers wrote

about personalities, biographies and personalities wrote autobiographies. By the work

of these, the leadership of Pakistan can be illustrated. Biographies and

autobiographies like, Daughter Of The East by Benazir Bhutto (Late), Friends Not

Masters by Mohammad Ayub Khan, Jinnah of Pakistan by Stanley Walport, Zulfi:

Bhutto of Pakistan by Stanley Walport, The Myth of Independence by Zulfiqar Ali

Bhutto Zulfi, My Friend by Piloo Mody, Awakening the People by Zulfiqar Ali

Bhutto, The Life and Time of Zia-ul-Haq by Parveen Shaukat,,If I am Assassinated by

Zulfiqar Ali Bhutto, Ahmadinejad:The Secret History of Iran’s Radical Leader by

Kasra Naji, The Great Tragedy by Zulfiqar Ali Bhutto, Marching Towards

Democracy by Zulfiqar Ali Bhutto.

Shahid Javed Burki made an analysis of politics of Pakistan that democratic

struggle started from the very early period of its creation It also goes back to the

history of south Asian region. 94

Quaid’s role as charismatic leader not only influences

the political developments of the subcontinent but also the entire South Asian region.

Jinnah was a person who brought change in subcontinent extraordinarily and falls in

the category of modern leaders. Z.A Bhutto was a person who falls in both categories

92 Henery Korson, Contemporary Problems of Pakistan,(London: EJ Brill,1974),p.44 93 Mohammad Waseem, Politics and the State in Pakistan,(Islamabad, National Institute of Historical

and Cultural Reseach,1994),p.18 94 Shahid Javed Burki, Pakistan: A Revisionist History, (Lahore: Vanguard Books PVT LTD,

1998),p.22

54

and became sandwich between traditional vs modern changed world. After Quid-e-

Azam there are number of leaders that shaped or reshaped Pakistan.

According to Burki, such people can be categorized into two classes;

traditional and modern that wants to have change according to their own views. As

Z.A Bhutto wanted to bring change in Pakistani society in every sphere and at the

same time he wanted to continue with traditional institution of landed aristocracy and

feudalism. Burki is of the view that Pakistan’s total years are blend of all types and

forms of rule with lot of experience which sometimes disrupted the smooth working

of political system.95 Leaders either coming from social set up, military, bureaucracy

or based on landlords are the people who are responsible to silhouette the course of

political history of Pakistan in one way or the other96. There is dire need to look after

their motives as to whether they want to stabilize Pakistan economically and

politically. In political history of Pakistan one can find out various kinds of leadership

i-e charismatic, effective, change oriented and maintain status quo. Burki’s analysis

focused only on the changing circumstances of the country and leader’s role in

bringing,accepting or rejecting change in Pakistan. Mostly changes occurred in the

country due to the role played by the leaders either positive or negative.97

Mohammad Waseem also worked on the process of democratization in the

context of elections. He made an analysis on basic theme of democratic process,

called ‘elections’.98 Elections have always remained an attempt to civilianize military

rule in countries like Pakistan as stated by the Waseem.99But not only to secure

military men but elections work as the foundation to comprehend and conceded

political change in any country and also took election as one of the tools of

modernization. But at the same time he focuses on the landed aristocracy that

somehow managed the elections of Pakistan in their favor.100

By and large it proved

to be true in Pakistan.

Rasul Bakhsh Rais presented various points of view and narrated them in the

context of democratization. He made an analysis of democracy under the framework

95 Ibid., p.23 96 Ibid., p.44 97 Ibid., p. 44 98 Mohammad Waseem, Democratization in Pakistan: A study of 2002 Elections,(Oxford: Oxford

University Press,2006),p.3 99 Ibid., p.2 100 Ibid.

55

of power struggle between military elites and politicians based on landed aristocracy.

According to him military is state based elite or sponsored by the state that always

objected political institutions like political parties, political leadership are unable and

prove to be ineffective in such a situation. 101

Many other scholars narrated the

concept of democracy, transition, democratization process and variables that shape

democratic set up in various articles. Pakistan is entwined with abundant evils in

which non-democratic practices got heightened. It is also seen through diverted

perspectives which are presented by scholars and writers.

Well known Pakistani writer Khalid Bin Saeed has given following three

principles or steps to see the democratization:

� Accommodation

� Consensus

� Reconciliation

According to Khalid Bin Saeed, above three points and factors are the basic

instruments of an effective government that can manage and address public issues. It

is said that democracy needs leadership. Ehrnann W.Henery also wrote that leadership

in democracy remains within the framework of the institutions with respect to

selection of office and extent of power.102 Leadership differs with differing

constitutional structures and with the specific key positions in the power configuration

of various countries and a democratic leader must know how to use powers.103In

Pakistan many political leaders worked for the welfare of the people but very few live

up to the standard and level of true leadership. Most of the political leaders found

lacked in such qualities and qualifications which are necessary for leadership104

In Pakistan people at the helm of the affairs elected by the votes of the people

are known as politicians and this practice is not considered as positive implication but

this is very true at the same time that there are few among them meeting that criterion

101 Rasul Bakhsh Rais,ed.,State,Society and Democratic Change in Pakistan,(Karachi:Oxford

Univeristy Press),p.XIII 102 Ehrmann, W. Henery, Democracy in a Changing Society,(London: Pall Mall Press,1964),p. 13 103 Ibid.,p.14 104There are some common qualities of a leader, found almost in the work of every researcher Vision,

Integrity, Inspiring, Honest, Morality Inspiring, Forward looking, Courage, Competence, Accountability and truthfulness.

56

or standard who is near the concept of leadership. Hardly, leader proved to be an

effective leader in political arena of Pakistan. Political leadership is significantly

placed in any country.

They are the people who make things right and distribute resources adequately

and worked with other fellows to leave great impact on the best interests of a nation

and its people. Effective leadership always combination of vision, integrity and

charisma then he can leave everlasting imprints on followers and people. Good

political leaders always take decisions according to the prevailing situation for the

well being of majority of people. Political leadership always stands for right cause.

Roedad Khan talks somewhat in different styles when he differentiates

between liberalism and democracy. He is of the view that democracy does not end

with elections which are a desirable quality of the government. Rather, it is the

starting point of people’s participation and mobilization in the polity of the state. In

developing countries for rulers the democracy is a “chewing gum for the people go on

chewing….and a sweet, yet useless taste”.105 Around the world rulers are elected by

the voters of the people but just ignoring or neglecting the people’s basic rights and

freedom. Democracy with constitutional liberalism does not prove to be an effective

instrument to protect human rights and ad dignity.

Emma Duncan personally observed that in the countries such as Pakistan

democracy flourished in somewhat different context where no concept of rule of law

and equality was maintained.106 She analyzed that politician are the profited of the

system Governance was at stake and management is poorly done in Pakistan. Political

leader are at too much of risk where system adopted mixed type of economy but

indirectly controlled by the central government.

Iftikhar H. Malik in his book raises very important variables that are

interlinked with each other to ensure nation building and effective government. He

focuses on numerous topics such as the history, role of ideology, military and most

importantly Elitism.107

Perhaps, he deals Pakistan’s main issues under the paradigm of

Elitist politics, where they belong to high strata of the society, military, bureaucracy,

105 Roedad Khan,Pakistan:A Dream Gone Sour, (Karachi: Oxford University Press,1997),p.219 106 Ema Duncan, Breaking the Curfew,(London: Arrow Books,1989),p.189 107 Iftikhar H. Malik, State and Civil Society in Pakistan,(London: Macmillan Press LTD,1997),p.3

57

politicians and feudal lords and run democratic system according to their personal

whims. Anwar H.Syed in his Work “The Discourse and Politics of Zulfiqar Ali

Bhutto” has developed a hypothesis in which, political culture present a picture of a

leader and provides the basis for the charm and sustainability of the leader.108

Lawrence Ziring differs a little from Anwar’s opinion which is most

significant. He made a critique of the personalities of the country.109

Ziring’s analysis

is that leaders in Pakistan did only for damaging the nation running after the rule and

benefits and in this process they also debilitated their people.

Veena Kukreeja considers whole political processes as major reason for

democratic downslide in Pakistan. She is of the view that Pakistan’s political system

confronting with many issues including ethnic tensions, military’s intervention,

institutional breakdown and civilian autocratic rule.110 Democracy has taken as

alternative to legitimize and civilianize the military rule as Musharraf did after

introducing ‘Devolution Plan’ and holding of Elections in 2002.

Leo rose is of the view that political parties are necessary component of a

democratic process if they are democratized within their structures. Hardly a political

party is of national stature rather parochial parties in the country. They did not

become the centre of democratic process as they formed alliances for their interests.

Beside, Paula Newberg made judiciary responsible for the political upheaval in the

country. Conflicts between various institutions could not handle by the courts

properly in Pakistan which remained a great cause for democratic

downslide.Moreover,S. Akbar Zaidi considers democratization phenomenon as a

‘political issue’ which not only confined to the political parties, elections, voting and

participation but economy and active civil society are also part of this phenomenon.

No doubt, Pakistan is a diverse country comprising of numerous identities but

keeping this fact, people of Pakistan will have to consider themselves one nation and

one people for their existence.111

Since the creation of Pakistan the issue of

democratization has remained a main theme of discussion among scholars and

108 Anwar H.Syed, The Discourse and Politics of Zulfiqar Ali Bhutto,(Houndmills:The Macmillan Press

LTD),p.4 109 Lawrence Ziring, Pakistan in the Twentieth Century,(Karachi:, Oxford University Press),p.613 110 Veena Kukreeja,M.P.Singh,ed.,Pakistan:Democracy,Develoment and Security Issues,(Karachi:

Paramount Publishing Enterprise,2005),p.59 111 Ibid.,p.614

58

researchers for the political development of the country. Pakistan’s politics revolves

around some very crucial issues in which civil military relations; democratization and

leadership are involved.

2.4. Theoretical Framework

For this study the focus is on the role of political leadership in democratization

of Pakistan and after the analysis of available data it seems effective to decipher the

phenomenon that have been major role in bringing democratization. For this rationale

certain variables and themes will be applied and used to determine their place in the

country. It becomes little challenging to analyze two phenomena together but effort

has been made to analyze their variables and themes in a better way.

In Pakistan, it is difficult to study political leadership from bottom to top. The

focus has been on the National Assemblies of Pakistan since 1972-2008, this study

will cover the performance of eight National Assemblies of Pakistan. Since its

inception scholars kept us too busy in finding and working on such elements but very

short discussion has been made on the role and importance of leader in bringing of

workable factors to democracy concept.

In order to study the role and impact of leadership in Democratization of

Pakistan,

Various variables and themes have been highlighted to encompass the reality.

Democratization process can be looked at through these following variables and

themes:

� Competition/ Elections

� Political Parties

� Participation and Mobilization

� Equality, Freedom and Rule of Law

� Separation of Powers and Balance of Power

� Institutions Building/Governance

� Economic Development

59

All above mentioned themes and variables ensures democratization process

and leadership is one of the major factors to shape or reshape this very process. To

grasp the role of political leadership in democratization of Pakistan, above discussed

themes are used.

Pakistan, being no exception has been suffering from the placement of the

above mentioned institutions. Various elements i.e. cultural, economic, social and

political project an environment in the country which caused great hindrance in

bringing democratization in Pakistan. Most of the leadership is lacked in such

qualities and qualifications which are necessary for leadership such as; vision,

inspiring, integrity, morality, honesty and forward looking. They are the people who

make things right and distribute resources adequately. They work with their fellows to

leave great impact on their followers.

The time period of this research encompasses 1971, after the disintegration of

East Pakistan. The study has been made on democratization process led by political

leaders after such a critical time. For this matter the base for such evaluation is

provided by the constitution of 1973 of Pakistan. 1973 constitution was passed

unanimously by all political parties in the National Assembly. It was best arrangement

to make compromise and accommodate various segments of the

society.112Constitution was giving real meanings of democratic set up. It was quite

clearly stated in the constitution that all executive powers will lie with prime minister

and his cabinet. Constitution would be democratic one and democracy entails;

fundamental rights, participations of people, rule of law, separation of powers etc.

The 1973 constitution presented a balance between different organs of the

government and maintained balance of political power with regard to elections,

party’s formation, mobilization, representation and the use of executive authority by

the Prime Ministers and the Presidents. With these components the path of

democratization can be seen and to ensure such development there is dire need to

legitimize the position of these components. These factors sometimes may help or

restrain democratic process in any country.113 The forthcoming study of leadership

role in democratization of Pakistan is dealt under mentioned themes i.e.

112 Hamid Khan, Political and Constitutional History of Pakistan, (Oxford: Oxford University

Press,2005),p. 275 113 Saeed Shafqat, Civil Military Relations in Pakistan, (Colorado: Westview Press,1997),p.14

60

competition/elections, political parties, participation and mobilization, equality,

freedom and rule of law, separation of powers, balance of power, institutions building,

governance and economic development.

61

CHAPTER NO. 3

Leadership and Democratization in Pakistan:

A Historical Perspective (1947-1971)

62

INTRODUCTION

Leadership is a complex phenomenon and to elaborate it various writers and

theorists presented their point of views. These writers believe that leadership is an

important phenomenon in today’s politics and even at social and economic levels.

Some writers and scholars have took it as an instrument of institution building as

Samuel P.Huntington has written considerably on institution building and social

change. He is of the opinion that when political system turns into shocks and

breakdowns, effective leadership comes forward to pull the country from crises.114

We can also define leadership as one of the sources of power through which polity

can be built and developmental prospects can be witnessed. Societies are made or

marred by the leaders. It is also observed that ups and downs in systems, countries

and dynasties can be due to the role played by leaders of various kinds. Success and

failure of any organization, department and overall society can be attributed to the

role of leadership. Effective leadership enhances the capability of a country and on the

other hand if not, affects the political edifice of the country.115

Leadership plays a significant role in various political set ups and kinds of

government. In democracy leaders are elected by the masses and are responsible to

create such an environment through which people can be mobilized. Leaders in

Pakistan tried to mobilize people in one way and the other for democratic system. In

an authoritarian set up leaders don’t believe in mass representation, participation and

mobilization. Generally political leaders consider following civil society, but not

confrontational and hostile rather creates a conducive environment for apt discourse

and persuade others to bring changes.116

114 S.P.Huntington,Political order on Changing society,(New Haven: Yale University Press,1968),p.21 115 As Plato said that “Ruin comes when the traders; whose heart is lifted up by wealth, becomes rulers

or when the generals uses his army to establish a military dictatorship. The producer is at his best in the economic field, the warrior is at his best in battle; they are both at worst in public office; and in their crude hands politics submerges statesmanship. For statesmanship is a science and an art; one must have lived for it and been long prepared…whereas in simpler matters like shoe-making we think only a specially –trained will serve our purpose, in politics we presume that everyone who knows how to administer a city or state. When we are ill we call for a trained physician, whose degree of guarantee of specific preparation and technical competence … we do not ask for the handsomest physician, or the most eloquent one; well then, when the whole state is ill should we not look for the service and guidance of the wisest and the best.” Plato 428/427-348/347BC.in Roedad Khan, Pakistan-A Dream Gone Sour,(Karachi: Oxford University Press),p.1

63

This chapter takes into account the role of political leadership in bringing

democracy in Pakistan from the point that their role was much determined and

affected by the uniqueness of political culture of the country. This research is not only

confined to the narration of the events and related issues but also ponders upon the

factors, involved in shaping and reshaping the functions of the national leaders, either

coming from civil society or military rule.

Even after 68 years of its creation, Pakistan is striving for democratic set–up.

It has also failed to have an effective leadership that can do right things for the best

interest of the country and its people. However, democracy had some place in the

political system of the country in the beginning. It is a unique feature in Pakistan that

authoritarian rulers promoted and supported those very processes that are a must for

democracy. Leaders and elites had capability to manage that transition from

authorianism to democracy.117 Although, Quaid-e-Azam, as a founder of the nation

try to put Pakistani nation on the process of nation building but due to various factors

this could not be materialized. As two founding fathers of Pakistan; Quaid-e-Azam

and Liaqat Ali Khan died earlier and Pakistani politicians were not capable enough to

manage the affairs of newly independent country. True to say that, initial years of

Pakistan’s creation were very crucial in shaping the political edifice of the country.

A state was established out of the bloodshed and crises in 1947. Pakistan was

among those states of the world that established after independence at the cost of

contradictions, mistrust and handicaps, which put country into ‘strangling’ condition.

Besides, Pakistan has been making an effort to establish a practicable polity in which

the masses could be the part of it but what happened was that these efforts restrained

the participatory politics and slowed down the process of people’s mobilization.

Rather, Pakistan’s political system has remained under military-bureaucratic

oligarchic rule, which made politics an insidious phenomenon.

Unfortunately, Pakistan remained lacked in national consensus-based political

culture which ultimately became a cause of absence of national political leadership. It

is common phenomenon in Pakistan to talk about dearth of true, effective, capable

and honest leadership with foresight to cement the diverse ethno-political identities.

116 Veena Kukreja,Contemporary Pakistan Political processes, conflicts and crises (New Delhi: SAGE

Publications,2003),p.3 117 Saeed Shafqat, Civil- Military Relations in Pakistan,(Colorado;Westview Press,1997), p.13

64

Quaid-e-Azam was the man of cause. He declared that “What I do is what I have

decided but you people do what others will decide for you will try to find what will

please people. On this basis people will come to me and opposition fades away”118

.It

can be seen as Quaid’s determination and conviction that nothing could detract him

from his mission. Such a determination and power to take independent decision can

be attributed to Mohammad Ali Jinnah‘s leadership. There was a delay in the making

of the Constitution for the country and on the question as to why he could not present

the workable Constitution; he gave reasons that are worth noting. “The Constituent

Assembly may take some time to accomplish its task of framing the final constitution

of our state. It is stupendous task and it may take 18 months to two years before it can

come into full operation”.119

At the time of creation of Pakistan Quaid-e-Azam became 1st Governor

General and he had no intention to declare himself caliphate of Pakistan. It can be said

that being charismatic leader, Quaid-e-Azam put all his abilities for making Pakistan a

democratic country. Death of Quaid-e-Azam was a big loss of Pakistan because his

successors started leading the country with authority but without legitimacy.120

Initially Pakistan’s political system and political turmoil allowed adventurists

to reap a rich harvest which failed to produce an effective leadership. It was a

backdrop of years of mismanagement and lack of vision when Muslim league got

disintegrated under its own weight and no party was able to come to the forefront at

national level. That is why a sound and participatory political culture could not evolve

in Pakistan. It is true that political leaders became source of mobilization but they

used people for their interests as they infused demands that would have attraction for

the masses. It was leadership which took a pivotal position in reshaping or molding

the masses abilities for perusing the policy.121

Quaid-e-Azam was the only person at the time of the creation of Pakistan that

turned the country’s fate. The role of Quaid-e-Azam remained prominent in the

making of Pakistan. He emerged on the political scene of India as charismatic

118 Sikandar Hayat,The Charismatic Leader,(Oxford: Oxford University press,2008),p.75 119 Hamid Khan, Constitutional and Political History of Pakistan,(Karachi; Oxford University

Press,2005),pp.49-50 120 As it shows that within a short time period of 1948 to 1958, Pakistan had seven Prime Ministers

after one another. See details of their arrival and exit in government with dates in Appendix I 121.Saeed Shafqat,1997,op.cit., p. 9

65

personality and indeed it was a relationship rather than a phenomenon. After Quaid-e-

Adam’s death, first Prime Minister, Liaqat Ali Khan took the charge of the

country.122

Quaid-e-Azam himself talked about Liaqat Ali Khan that

Liaqat Ali Khan was his right hand man. Nobody else could estimate the magnitude and the

quantum of work done by him in organizing Muslim League and in connection with the establishment

of the Pakistan. Due to this very dedicated service he has attained the highest position in the

leadership.123

On certain accounts, he proved his abilities in an effective way as he dealt

with U.S.A on Kashmir issue in these words “Pakistan has annexed half of Kashmir

without U.S.A support. And would be able to take the other half too”124Because of his

towering personality he could use his energy to build institutions in Pakistan but was

surrounded by challenges from minority provinces i.e. former North West Frontier

Province(NWFP) now Khyber Pakhtun Khaw( KPK)and Baluchistan.

Liaqat Ali Khan had no constituency of his own in the areas which made part

of Pakistan. Moreover, he was not familiar with the local issues. The only option he

had was to enlist the support of religious elements which was manifested in the form

of objective resolution of 1949, resulting in splitting the citizens of Pakistan into two

groups. According to Safdar Mehmood, Liaqat Ali Khan had delayed the process of

much needed constitutional development.125

Liaqat Ali Khan had an opportunity to build up Pakistan but what he could not

do so. Rather he remained busy to strengthen his friendship with people coming from

Uttar Paradesh (UP),a Northern Indian State.126

He was a feudal lord and disclined to

ward a democratic set-up. It was the first shock for political system of Pakistan when

he exploited democracy at every level.

The military operation launched by Liaqat Ali Khan in East Pakistan to pacify

the linguistic riots was against the spirit of federalism and anti-democratic, resulting

in strong feeling of the separatist tendency in East Pakistan. There was nobody who

122 Liaqat Ali Khan was a political leader who assisted Jinnah in campaigning for the creation of a

separate state for Indian Muslims. 123 M.D Zafar, Short History of Pakistan,(Lahore: Aziz Book Depot,2001), p.160 124 Ghauhar, Altaf. "Declassified Papers Shed Light on US Role in Liaqat’s Murder". 125 Safdar Mehmood,Pakistan’s Political Roots and Development,(Lahore: Vanguard Books

Pvt,LTD,1990),p.27 126 Allen McGrath, The Destruction of Pakistan’s Democracy,(Karachi, Oxford University

Press,1998),p.82

66

could challenge Liaqat Ali Khan’s authority but at the same time his wide range

personality and prestige could not have earned adequately in the political scene of the

country. After his assassination conflict arose between Bengalis and Punjabis in

Constituent Assembly and the national cabinet.

After the assassination of Liaqat Ali Khan in 1951, Khawaja Nazimuddin

became Prime Minister of the country. But by that time huge political vacume was

created and filed by more organized forces like bureaucracy and military. Malik

Ghulam Mohammad, a bureaucrate and Finance Minister of the Pakistan took the

charge of governorship of the country.127 There were many people who were unaware

of political ambitions of Malik Ghulam Mohammad rather taking him as an intelligent

and ruthless person as General Ayub Khan termed him as “absolutely fearless”.128

Mostly people had scant knowledge of the role of Ghulam Mohammad in politics but

he knew how to acquaint with the working of the administration. He was not liked

even in his administrative circle. It is also said that he was physically not fit but he

had the drive and capability to utilize the office of Governor General for becoming

prestigious person at the helm of the affairs. He had long career in civil Services and

linked with bureaucracy to extend his political power. There was only one person who

could challenge the potential of Ghulam Mohammad that was Ch. Mohammad Ali.129

He was not a politician rather he was a bureaucrat; the Secretary General of

Pakistan.Ghulam Mohammad had also close ties with Iskander Mirza, a military

officer. They both disliked lawmaking process and role of politicians and always

favored the notion of restricted kind of democracy. There were certain issues raised in

East and West Pakistan after four months of Nazimuudin assuming the office of the

Prime Minister.

On language issue, he continued the policy of Quaid-e-Azam that Urdu will be

the only official language of Pakistan. This became an emotional issue which cut

across class lines and mobilized people in East Pakistan. Even when Nazimuddin was

the chief minister of East Pakistan, he dealt with this issue with great care after calling

127 Malik Ghulam Mohammad was a Charted Accountant and Served as Finance Minister in Liaqat Ali

Khan‘s Government. 128 Allen McGrath,op.cit.,p.82 129 Ch.Mohammad Ali was a Civil Servant of Pakistan. In 1951, he was appointed second Finance

Minister of Pakistan and won the slot of Prime minister in 1955. His government lasted only one year but widely regarded to have promulgated the 1956 Constitution with wide scale public approval.

67

Jinnah to East Pakistan and Jinnah despite having bad health visited East Pakistan to

resolve language issue in 1949.It was the only province of Pakistan where Quaid-e-

Azam visited after making of Pakistan. Quaid-e-Azam delivered a speech for the

vitality of single language for the integration of Pakistan. His speech suspended this

issue for the time being.

Political process was again interrupted when Constituent Assembly was

dissolved by the Governor General Ghulam Mohammad in 1954 when it was about to

reach the finalization of the Constitution. And before this development the

government of Khawaja Nazimuddin was dismissed by Governor General Gulam

Mohammad in 1953. These patterns of head of the state had presented various

connotations in politics of Pakistan which decided the course of democratization and

because of which, just after 19 months, the government of Mohammad Ali Bogra was

dismissed by the Governor General, which was his own creation. The way he was

treated by the Governor General and Ayub Khan was clearly negating the very idea of

to give respect to political leaders. At the same time Iskandar Mirza indulged in

political handling for entry in Governor House after Ghulam Mohammad with the

support and assistance of General Ayub Khan.130

General Ayub Khan was the person about whom Quaid-e-Azam once wrote

on his file that “I know this army officer. He is more interested in politics than army

matters. He is transferred to East Pakistan. He will not hold any command position for

one year. He will not wear his badges during this period”131 When Quaid-e-Azam

observed the abilities of a military man that the person who did not to be trustworthy

for the country how he could be sincere to his nation in later years. It is evident that

there was no role of civil military bureaucrats in the freedom struggle of Pakistan

rather Pakistan’s existence could only be possible through long democratic

struggle.Quaid-e-Azam was the champion of democracy. He wanted to establish

democratic set up in Pakistan because he got Pakistan after legal and constitutional

struggle. He was against feudals and landed aristocracy that implicated masses

exploitation. Quaid-e-Azam, while addressing with All India Muslim League stated

that “I should give a warning to the landlord and capitalists who have flourished at

130 General Ayub Khan was a Commander in Chief of Pakistan Armed Forces. 131 Qyyum Nizami Jernail aur Siasatdaan: Tareekh Ki Adalat Mein, (Lahore: Jahangir Book

Dipot,N.A), p.20

68

our expense by a system which is so vicious and which make them so selfish that is

difficult to reason with them. The exploitation of the masses has gone into their blood.

They have forgotten the lessons of Islam”.132

On another occasion Quaid-e- Azam said that “I am sure that democracy is in

our blood. Indeed it is in the marrow of our bones.”133

Unfortunately, what Quaid-e-

Azam talked about democratic environment in the country was not generated

adequately.

In Pakistan, the case of democracy was not handled adequately. The

principles, procedures and dealings which were needed for it, were not implemented

in Pakistan in real sense. There were several writers like; Mohammad Waseem,

Khalid Bin Sayeed, Syed Farooq Hasnat, Hasan Askari Rizvi who talked about the

institutionalization and endorsement of democracy. Unfortunately, the basic

ingredients of democracy were omitted in Pakistan. Infact, democracy faced massive

problems whenever it started finding out its ways to equality, people’s participation,

mobilization and safeguarding of fundamental rights of the citizens. But all these can

be ensured through strong and stable polities that are responsible for the socialization

and acculutralization of people.

After independence of Pakistan, the founder political party Muslim League

lost its position amongst political circles of the country in exercising its role to make

Pakistan stable. Muslim Leaguers were of the view that no one can replace their status

in national politics. Sister of the Quaid-e-Azam, Miss Fatima Jinnah once talked about

the place of Muslim League in these words: “I say to you, support the Muslim league,

because the league alone won Pakistan and can serve and consolidate Pakistan. If you

destroy the league you destroy Pakistan.”134

Observers of Pakistan’s politics deduced

one major erroneous belief related to the fall of Muslim League that it could not

march in the minds of the masses. There were a number of reasons behind this fact in

which people’s placement in rural and urban sectors was one of them. Second was

their illiteracy and ignorance about their rights as electorates.

132 Quaid-e-Azam’s Address at All India Muslim League Session,Delhi,24April,1943 133 Allen McGrath,1998,op.cit., p.29 134 Keith Callard, Pakistan: A political Study, (Karachi: Oxford University Press,1968),p.38

69

It is true that in Pakistan, personal political power is a peculiar feature of

whole polity which is the negation of the very principle of acceptance of sovereignty

of the people because Nawabs, Jagirdars, Zamindars, Pirs, Mirs, Makhdooms and

Khans are the people who control votes in their respective areas.135

This kind of

pattern becomes a stumbling block in the growth of democracy in Pakistan. If one

looks at the back of the Pakistan legislator’s history it presented the glimpse of

hereditary or dynastic leaders who occupied elections, political parties, public opinion

and electorates and to certain extent opposition. Although with the maturity of

political working of the political parties are responsible for the formation of public

opinion.

3.1. Political Parties and Public Opinion

In the beginning of the working of a political system, public opinion was

formed by the landed aristocracy, some of the religious leaders and by small urban

middle class that does not prove to be sufficient in making stable and democratic

state. Electorates have no enlightened vision to meet the needs of the modern

democracy where their votes can be used for bringing change in the fates of the

masses and to stabilize their state. Most of the part of the political bustle has been

remained restricted to a very small group of people or minority people.136 The

common men especially living in rural areas has been uninformed about what was

taking place at national level. Masses have not become tailored according to the

essence of being voters. Political parties are dominated by the personalities rather than

common men. Party elections, membership, agenda, working is held by the persons of

elite class. After the very inception of Pakistan there was only one political party,the

Muslim league that helds the whole edifice of politics in the country but it could not

sustain its credibility for a longer span of time. Republican Party, Krishak Sramik

party and Awami League replaced Muslim League in the provinces of Pakistan

instead to support and strengthen it.

In Pakistan, party system is not identical to the western democratic principles.

Political activity starts from top instead of grass roots level. Pakistan did not

135 Nawab includes, Nawab Liaqat Ali Khan, Nawab Akbar Bugti, Nawab Mushtaq Ahmad Gurmani

,Makhdoom includes; Makhdoom Shahabuddin,Makhdoom Ameen Faheem. etc,Jagirdars,Doltanas,Tiwans

136 Keith Callard,1968,op.cit.,p.52

70

experiment with two party system rather multiple party system was always preferred.

Resultantly, votes are not adequately distributed between two stable groups to provide

conducive environment for the electorates to decide about strong candidate for policy

formulation. It can be witnessed that from the very beginning Liaqat Ali khan

opposed opposition parties and considered them traitors, liars and hypocrites. Liaqat

Ali Khan had his own perception about party politics in the country. He set the trend

to establish opposition political parties which got momentum during his reign. By the

end of 1949 there were 21 political parties in Pakistan.137He was of the opinion that

opposition parties cannot be sincere with Pakistan rather he used to call opposition as

‘dogs of India’138 Liaqat Ali Khan was the first leader who did not want to have

opposition in the country in any form.

It was not expected from such a political man who was responsible to ensure

democracy by the very principle of tolerance. Liaqat Ali Khan clearly announced that

he would not allow the placement of opposition parties in his life. Because he always

considered Muslim League, the second name of the Pakistan and opposition party

means opposition of Pakistan. He snubbed any kind of opposition against government

and its stability. He always gave priority to Muslim League and declared Pakistan as

the Child of Muslim League.139 He was in favor of one well-built, unwavering and

integrated party for the institutionalization and promotion of democracy in Pakistan.

Even in the very beginning Liaqat Ali Khan’s focus was on centralization of authority

by single party rule no matter he had to compromise on damaging parliamentary

democratic system. His lack of intolerance towards opposition parties can be analyzed

when he took opposition parties as enemies of Pakistan which could not think good

and welfare for the country. At this point of time his ideas, plans and vision regarding

democratization were proved to be bogus. He just criticized the formation of any other

political party than Muslim League. Liaqat Ali Khan had yearning to strengthen

Muslim League and strong centre. As a reaction to his approach not to see any kind of

opposition, the trend to form opposition parties got momentum in the reign of Liaqat

Ali Khan.

137 Allen McGrath,1998,op.cit.,p. 64 138 Ibid., p. 67 139 Ibid., p. 67

71

East Pakistan based Awami League was formed by Hussain Shaheed

Suharwardy in 1949 to perform its role as opposition party140

. Before that there was

no concept of putting opposition and criticism on the ruling party or government. He

was of the view that there is dire need to check the coercion, corruption and mal-

administration of the Muslim League.141

According to his point of view Muslim

League was not welcoming towards public opinion.142One thing was on the credit of

Muslim League that it paved the way for the establishment of the institution of

opposition and opposition political parties.

Electoral history of Pakistan reveals the same legacy of the British rule when

elections were to be meant for getting representation rather than democratic

government.143There was delay in the holding of elections at national and provincial

levels in post independence period which caused great resentment among masses of

Pakistan. After four years of Pakistan’s creation first provincial elections were held in

Punjab in 1951 which were alleged to be rigged elections. It was also said that these

elections were merely like throwing the filth in the eyes of electorates.144It was first

election at provincial level and proved to be last until the holding of first national

elections in 1970.

Thus, we witness the beginning of façade democracy in the country by the

politicians especially Muslim League politicians. There was tactic behind not talking

about elections in the country on the platform of Muslim League because most of the

politicians had nothing to do with present electorates of Pakistan in the regard of their

constituencies and representation. Politicians were apprehensive to be rejected by the

people in case of elections. To secure themselves and their positions in new country

they extended their hands towards bureaucracy and military which ultimately paved

the way for their connection in political arena of the country. There was another

aspect of delaying of national elections in the country. The elections might have

transferred powers to the East Pakistan which was not acceptable for civil- military

140 Hussain Shaheed Suharwardy was a Pakistani left wing statesman of Bengali origin and one of the

principle men of modern day Pakistan. Appointed as the fifth Prime Minister of Pakistan in 1956, Suharwardy headed Pakistan until 1957, and was a close associate of Mohammad Ali Jinnah and Liaqat Ali Khan.

141 Keith Callard, Pakistan,1968 ,op.cit.,p.70 142 Ibid., p.70 143 Andrew Wilder, The Pakistani Voter,(Oxford: Oxford University Press,1999),pp.15-16 144 Ibid.,p.18

72

bureaucracy of west wing. The bureaucrats who lost their place in East Pakistan did

not want to make any compromise on their positions what they were getting in West

Pakistan with the collaboration of politicians.

The same results appeared in 1954 East Pakistan legislative elections where

Muslim League got deprecated and did not prove to be representative political party

of both wings of Pakistan. This gave an alarm to change the whole stature of Pakistan

politics in future and specifically forthcoming elections of 1970.Even though the

situations in East Pakistan were not first-class and it indulged in colossal economic

and administrative conditions. It remained big dilemma of Pakistan that political

power was used by the following components of the country;state,government,

legitimate authority, cohesive force, elected leadership, military leaders.

Above mentioned components are the constitutional measures through

elections and political parties to bring democratization in the country but

unfortunately non political institutions and elites produced and gave unusual contour

to the process of democratization in the country. There are some non political

institutions that can be considered as great stumbling blocks in the way of smooth

functioning of democracy: Military-Bureaucracy-Feudal lords. As they are not elected

rather illegitimate and unlawful rule can be the peculiar feature of these institutions.

Pakistan’s political history unfolds many drawbacks in which democracy and non

democratic attitude was part and parcel of political process.145

There is evidence that, when Pakistan’s sole political party, Muslim League

which piloted the struggle of Pakistan movement was not appreciated by the Quaid-e-

Azam as he remarked that “he had false coins in his pocket”.146What he said, as a

result on same lines various ministers that were appointed at that time were not

politicians and not placed in the Assembly. Similarly, various members taken by the

Prime Minister in the cabinet of 1954 were not the constitutional members of the

Parliament. These developments pointed to scarcity of capability of politicians. And

in later years, this problem aggravated more due to unconstitutional institutional rule

over Pakistan.

145 Khalid Bin Sayeed,Collaps of Parliamentary Democracy in Pakistan,The Middle East

Journal,Vol.13No.4 (Autmn,1959),p.389 146.Noor ul Haq, Governance and Democracy in Pakistan,IPRI Journal X,no 1 (Winter 2010),pp.1-21

73

For Quaid-e- Azam, Pakistan movement was launched by people and for the

struggle of the rights of the people to rule themselves according to those laws which

would be made by their representatives. It became very evident at that time of point

that peoples rule will be ensured and autocratic rule or rule by few people would not

be allowed. Any law contrast of people’s consent and desire will not be imposed

rather it will be out of question.Befor of his death, he clearly said that Pakistan is a

sovereign state and government will be in people’s hand.147 Until and unless we could

not draft our own constitutional framework we had to follow provisional

constitutional arrangements which were based on people’s democratic principles not

for bureaucratic rule.

A big problem emerged on the political scene of the country after his death

when provincial leaders became more assertive than national leaders as Liaqat Ali

Khan grew relatively to be weak after Quaid-e-Azam. It created impediments in

bringing national consensus on any issue as difference between centre and provinces

enhanced on the issue of adequate distribution of power and economic resources.

Meanwhile Basic Principle Committee report was presented on 28th September 1950,

100 days after the objective Resolution of 1949. In Basic Principles Committee

suggestions were made for drafting of new constitution of Pakistan.

It was not wide of the mark that Khawaja Nazimuddin put huge efforts for the

grand work for the Constitution but, there were some conspiracies against Khawajea

Nazimuddin to throw him out of the political scene of the country. He proved to be

very weak person because he could not counter the intrigues made by the civil

bureaucratic elites.Khawaja Nazimuddin was a person that lacked in qualities of

politician but at the same time he was a man of morality and ethics.Quaid-e- Azam

himself appreciated his character in such words.

The politicians and bureaucrats were conspiring to destabilize the situation for

their personal interests due to which his government was dissolved. It was a

movement launched by non political elites to step in politics to grab political power. It

was conceived as first step for the completion of their plan. A new person sat on the

chair of the premiership of Pakistan, Mohammad Ali Bogra, a bureaucrat. He was not

elected person rather imposed. He was not the person of that stature who could prove

147 Mushtaq Ahmed, Politics of Crises,(Karachi: Royal Book Company,1987),p.12

74

him as national leader. Somewhat, he was a new person in political practices even he

was not a provincial level leader. Though, he became prime minister of Pakistan but

he did not know the problems and crises of the country. He was not the man of crises

but came up with one formula for Pakistan which known later as ‘Bogra Formula’ to

minimize the tensions between East and West pakistan while having representation in

legislative Assembly on parity basis148.

The new man in the Assembly as Prime Minister was just a puppet in the

hands of the Governor General who was now free to exercise his independent will and

continue with his policy. His attitude was so authoritarian in every matter that even

prime minister was not allowed to choose his cabinet members himself. Lawrence

Ziring criticized the political status of leaders and democracy in Pakistan. At the time

of dissolution of Constituent Assembly, Pakistan realized what is important for it,

either leaders or democracy.149

An administrative body, bureaucracy holds political edifice of the country,

which derailed the whole political and democratic process of Pakistan. In the world,

to bring changes in the structural functional aspect of civil service is considered

important and cornerstone in the process of democratization. In Pakistan bureaucracy

has no tradition of social services rather play havoc with the fate of the people of the

country.150Instead civil servants are always looking forward to get leadership of the

state. It indulged mostly in acquiring authority and power that is not under their

sphere by any law of the management of state affairs. For example, constitution and

democratic processes were not its fields to run the country accordingly rather; it was

the function of politicians. We have seen and analyzed the appalling results in

Pakistan’s political history when Ghulam Mohammad dissolved the Assembly.151

It

was breakdown in the process of constitutionalism in the country.152

It is because of

certain mind set of a leadership of the country who has no respect for law and

institutions.

148 See Bogra Formula in Appendix II 149 Hamid Khan, Political and Constitutional History of Pakistan,(Oxford: Oxford University

Press,2001),p.169 150 Mushtaq Ahmed,1987,op.cit.,p. 15 151 Ibid.p.16 152 In Dawn it was reported that “There have indeed been times-such a that October right in 1954-when,

with a General to the right of him and a General to the left of him, a half mad Governor General imposed upon a captured Prime Minister the dissolution of the Constitute Assembly and the virtual setting up of a semi dictatorial executive. Editorial “Revolution”, Dawn, Karachi,11 August,1957.

75

One cannot find any example of such an illegal and unlawful act in the history

of constitution, government and law. He considered himself above the law of the land

and was not accountable to people of Pakistan. He had no authority and was not

authorized to take up such actions to decide country’s fate. On the other hand

Nazimuddin proved to be very weak person as Prime Minister. He was not aware of

even what was going on behind the scene and Ghulam Mohammad used those powers

which were not even used by Khawaja Nazimuddin during his tenure. The two were

quite contrary poles. Khawaja Nazimuddin was a sober and gentle but at the same

time he was also not the politician who could handle political intricacies with tactics.

He at the time of dissolution of Assembly shown his opinion that Governor General

should not intrude in the parliamentary functions because he used to perform and

illustrate such kind of behavior.153

Democracy slumped and led down by the steps taken by Ghulam Mohammad

after dissolution of Assembly.154Ghulam Mohammad, a bureaucrat was not a person

of representation rather a non elected body. He was belligerent and erratic personality.

According to Ghulam Mohammad Constitutional machinery broke down as people

lost their confidence on them.Maulvi Tameezuddin filed a petition in Sindh High

court and out rightly spoke about the unlawful action of Governor General.155 The

decision of the Court was in favor of Plaintiff and wrote that Governor General had

no authority to dissolve the Constituent Assembly. Final decision of the Federal court

came on May 10th 1955 in which they justified the very action of Governor

General.156

The ruling of the Federal Court was a great ailing for the smooth

functioning of political system of Pakistan.157

As Justice A.R Cornelius made a

dissenting note that it was not necessary for those laws which are approved by the

Constituent Assembly to be accepted by the Governor General for the their

implication.158He also made his version stronger by giving all justifications which

were part of Government of India Act, 1935 i.e. neither the Governor General, nor the

Britain had any authority to intervene in the ruling of the Constituent Assembly of

153 Riaz Ahmad,Constitutional and Political Development in Pakistan:1951-1954,(Karachi:Pak

American Commercial LTD,1981),p. 15 154 Birjees Nagi,The Land of the Betrayed,(Lahore:Froienter Publications, A),p.23 155 Lawrence Ziring, Pakistan in the 20th Century: A Political History, (Oxford: Oxford University

Press, 1997), p.170 156 Ibid.,p.73 157 Safdar Hassan Siddiqi,Real Politics,(Lahore:Ferozsons Pvt,LTD,2004),p.90 158 Ibid., p.90

76

Pakistan as they two were not the part of the Constituent Assembly.159

Dawn’s

editorial on what was happened at that time was very clear and straight that in

October 1954, a partly Governor General removed an elected person and dismissed

Constituent Assembly which, ultimately led towards establishment of partly severe

government.160

Unfortunately, the democracy was just left its feet due to the decision

made by the Federal Court which was a great setback for Pakistan’s polity. It also

created a huge gap between legislative and legal organs of the government as

Governor General declared ‘emergency power’ order in 1955.

It is indeed unfortunate that the people who used to work with Quaid-e-Azam

and Liaqat Ali Khan did learn nothing and did not prove to be national figures to

represent the nation in later years. When Governor General dismissed the Assembly

and the Prime Minister, country turned into bureaucratic state. These changes were

not for administrative purposes rather had across-the-board impact on the political

edifice of the society. By law Pakistan’s Constitution was in the process of

finalization and Governor General and federal legislature was not allowed to amend

the Constitution. At this time of point the dissolution of Constituent Assembly was a

great derision of constitutional government.161 The political leaders were unsuccessful

to set up democratic norms and institutions and could not prove to be able enough to

give the country an unyielding system.

Mir Khuda Baksh Marri, a former Chief Justice of the Baluchistan High Court,

wrote in his book ‘A Judge May Speak' with reference to Maulvi Tameezuddin

Khan's case that:“Note this ill fated judicial and executive engineering which was

perpetrated on the people of Pakistan. Had it been avoided our present Constitutional

wrangles and successive Martial Laws might not have been encouraged”.162

Unfortunately, the judgment made by Justice Munir created a constitutional

vacuum. And serious crises happened when the laws to elect new Constituent

Assembly were not found at that time. The impact of decision of the Federal Court

was so lasting that created impediments for future prospects of law making process.

The decisions and precedents set by the court have always been a source of direction

159 Safdar Hassan Siddiqi,2004,op.cit., p.90 160 Khalid Bin Sayeed,Autmn,1959,op.cit.,p.390 161 Mushtaq Ahmed,1987op.cit., p.19 162 Juctice(Retd)SharifHussainBukhari,Judgement-ChangingtheCourseof History,www.qlc.edu.pk,on

9-9-10

77

for every kind of rule which is necessary for the smooth running of the state affairs. It

can be validated by the words of Richard Nixon, President of the USA which were as

follows: “Our Chief Justices have probably had more profound and lasting influence

on their times and on the direction of the nation than most Presidents have had”163

Judiciary fully realized the implications of law of necessity that was

introduced to validate Governor General Laws in Maulvi Tameez ud din Khan Case

and Yusuf Patel Case164

. Justice Munir’s decision left negative impact on the future

course of Pakistan and also these constitutional cases established and founded the

grounds for making political system more unstable. It was also decided that Governor

General will call upon Constituent Assembly of 60 members on 10th May, 1955 which

will work for making of new constitution. 165Even after the dismissal of the

Constituent Assembly, Pakistan just passed through the non democratic era. “Cabinet

of Talent” was not ready to accept having another Constituent Assembly, but federal

Court decision left them with no other selection except forming Constituent

Assembly.166

3.2.Constitution Making and Leadership

Second Constituent Assembly worked for new constitution which was based

on compromises rather on principles At last, first Constitution was given to the nation

on 23rd March,1956. It was an Islamic Constitution. According to 1956 constitution,

Pakistan was declared democratic state and government which was limited in its

working. In 1956 Constitutions democratic principles were ensured at maximum

level. Fundamental base of democracy is protection of basic rights of people of the

country which, were adequately treated in the constitution of 1956.

Every aspect of the citizen, government and state was dealt in the constitution.

But at the same time there was a big challenge in front of government because not a

single political party had majority in Constituent Assembly. Core person behind the

formation of Constituent Assembly was Governor General, but now he was not in a

163 Ibid. 164 Details of Moulvi Tameezuudin Case Yousaf Patel Case can be seen in Hamid

Khan,2005,op.cit.,pp.85-89 165 Safdar Hussain Siddiqi,2004,op.cit.,p.92 166 Rafique Afzal, Pakistan:History and Politics 1947-1971,(Oxford: Oxford University

Press,2001),p.150

78

position to continue long due to his ill health which was unsound since that time when

he became Governor General of Pakistan. Issue of succession was resolved after

giving an unwritten convention and rule that head of the state and head of the

government will be from East and West Pakistan respectively. Iskander Mirza was a

candidate from East Pakistan with the staunch support of General Ayub Khan. On 6th

August, 1955 Iskander Mirza was appointed as acting Governor General of Pakistan

because Ghulam Mohammad went on leave for two months and now, after expiry of

two months Iskander Mirza became full-fledged Governor General of Pakistan.167

Besides this Pakistan Muslim League (PML) chose Ch.Mohammad Ali as its leader of

the Assembly. There were many conspiracies operational and shattering the smooth

functioning of the government. Leaders were involved in saving themselves and

wanted to get seats. They were not anxious about their images. In this context Hussain

Shaheed Suharwardy was a core person in the process of dissolution of the

Constituent Assembly of the Pakistan and behaved in undemocratic style. He even

mottled his character of stanch believer of democratic norms and democracy by

joining the “Cabinet of Talent”168.It was the time when coalitional government was

established and could be called as beginning of coalitional governments in the

country.

There were two dimensional implications of making coalitional governments

after dissolution of the Constituent Assembly of Pakistan i-e

First: Every party and its leaders wanted to enjoy authority of any kind either shared

or full. For getting power they never felt any hesitation to make compromises on their

independent stance on any issue or matter.

Second: To make and support coalitional government, direct military intervention

could be restricted which was practiced. But this was not long term and proved to be

an ineffective set up to stop military to come into politics because coalitions were

breaking due to personal clashes of various party leaders. Parties were also going to

be factionalized and splited.At that time Premier Ch. Mohammad Ali decided to

resign and Iskander Mirza invited Suharwardy to form his government.169Suharwardy

was a leader of his own stature and despite a carefree life believed on popular

167 Ibid., p.155 168 Ibid.,p.155 169 Ibid., p.178

79

judgments. In his words; “Pakistanis are literate or not but had strong common sense”

which will make them happy and keep them on right path.170

He also confronted with

various issues in which, consent and vote of National Assembly for policy of non

alignment, provincial autonomy, system of electorate and one unit were included. On

the other hand Iskander Mirza was very uneasy with Suharwardy’s increasing role in

administrative affairs and foreign policy, matters. President asked for resignation to

Suharwardy due to loss of vote of confidence among the members of the National

Assembly. Suharwardy suggested many alternatives to the president, but the president

wanted to see him out of government. When he resisted, choice was given that either

he would resign or Assembly would be dismissed. Now, he had no other choice but to

end up with his premiership on 11th October,1957.

Once again, democratic process broke down and was tarnished. It caused weak

political bases for political parties, their functions and leaders in the future politics.

Political system faced such a shocks and breakdowns in which great share was headed

by the political leaders and political parties. Now, Pakistan Muslim League (PML)

leader Ibrahim Ismail Chandrigar was called upon as premier due to his friendship

with President Iskander Mirza171

The political culture and behavior of leaders leading towards patronage and

favourtism.To save the interests of each other was at priority policy rather to work for

common people of Pakistan. On 8th October, 1957 II Chandrigar became Prime

Minister of Pakistan with the support of other coalitional parties. It was evident that

since 1947, there were no general elections in the country at national level. Only at

provincial level, election were managed and organized. In Punjab, elections were held

in March, 1951 and in November /December in NWFP; in Sindh they were held in the

year of 1953.In East Pakistan elections were held in March, 1954.During the period of

three years 1951-1954, Pakistan faced lot of changes which ultimately tainted the

whole political edifice of the country.

Most of the constitutional and political issues arose after East Pakistan

elections which ultimately led to dissolution of the Assembly.172Before of that, crises

occur between II Chandrigar and Iskander Mirza’s Republican Party on the very issue

170 Ibid., p.182 171 Ibid., p.199 172 Ibid., p.200

80

of Separate Electorate. While Republican was in favor of joint electorate, they started

using certain strategies. Republicans tried level best to convince PML on its previous

commitment. Pakistan Muslim league (PML) did not accept the proposal of

Republican and rejected to make any compromise on this issue.So; they were no more

with the government and II Chandrigar lost its majority in Assembly. He was asked to

form new government but he failed due to lack of support from members of the

Assembly. II Chandrigar handed over the government. Again, there was a political

vacuum in the country. Republican Parliamentary leader Firoz Khan Noon became

premier of Pakistan. Now other parties were looking at him for getting their shares in

ministries. It was looking irresistible for Noon government not to give response to

them which also seemed unfair behavior of a leader of the nation.

Now, it was openly said that parliamentary democracy was a failed experience

and to work under parliamentary system was not efficient. They anticipated with the

new idea of Controlled Democracy and introduced revised version of American style

government. They fully demanded to topple down the civilian government of Noon

and plan to take over the government.

3.3. Military Coup d'état and Martial Law in Pakistan

On October 7, 1958, country was plunged into massive chaotic conditions

politically. The moment, General Ayub Khan took over the government, he abrogated

the 1956 Constitution of Pakistan first and proclaimed martial law. Martial Law’s

arrival brought many defacto and illegal issues with it. More than six thousand (6000)

people from both provinces were declared disqualified till December 31 1966, by the

order of General Ayub Khan, which came under the Elective Bodies Disqualification

Order (EBDO).Under this order 75 leaders were disqualified for participating in

political activities for 8 years. Under the EBDO he targeted politicians from East

Pakistan but leaving the Muslim League untouched. What kind of army man he was.

His steps did harm to Pakistan’s democratic path with the help of civilian and

bureaucratic personnals.Democracy is ensured by rule of Law dispensation of justice

but unfortunately in Pakistan Judiciary had negative role in democratization of the

country rather created a room for injustice and ruthless attitude and culture. Judiciary

as an institution and leader of this institution which is a judge issued non serious

decisions on certain matters which ultimately damaged the political system of

81

Pakistan. Even there was a martial law regime but Ayub appointed a commission to

evaluate and analyze the factors that were involved in failure of parliamentary

democracy in Pakistan.

Moreover, at the same time we completely forgot the role of Ayub Khan as

military man which remained quite threatening. The commission came up with some

major causes of failure of parliamentary democracy;

a. Lack of proper Election at national level

b. Interference of Head of the State

c. Lack of organized Political Parties

d. Lack of qualified Politicians

It was noted that legislators/politicians did not show any regard for their

responsibilities.173 Rather they were busy in strengthening their personal interests and

motives. They put all efforts to gain support for their parties or buying people.

Commission also reached on a conclusion about political parties in the following

words: “Political parties are not meeting that criterion which makes them political

parties structurally in true sense. They were lacked in evolving that kind of political

culture which can help them to meet that level”.174

Ayub Khan was not willing to see

the role of political parties active as they are to be in Parliamentary system. He

provided new regulations for the formation of political parties in the country.175

When General Ayub Khan entered politics, he focused the major issue of

legitimacy. He could not erect a political foundation on which he could continue in

the country with popular support of the masses. Parallel to this, there was another

scholarly analysis made by S.P Huntington as “More than any other political leader in

a modernizing country after WW II, Ayub Khan came close to filling the role of

Solon or Lycurgus or great leader “on the Platonic or Rousseaunian model”176.Ayub

Khan was not a politician statesmen as he took stand on this point that politicians are

173 Safdar Hassan Siddiqi,2004,Op.Cit., p.101 174 Safdar Hassan Siddiqi,2004,Op.Cit., p.102 175 Ayub Khan gave Political Parties Act 1962 who was providing rules and regulations for the

formation of political parties so that they will work under the direct control of the President. For detail see Appendix III

176 Lawrence Ziring, The Ayub Khan Era:1958-1969, (Syracuse: Syracuse University Press, 1971),pp.1-2

82

highly irresponsible. And delay in constitution making was due to the role played by

such politicians. Ayub Khan had his own version of democracy and state of Pakistan.

Once he declared that “our ultimate aim and goal is to restore democracy but of that

type which would be understood by people.”177

He put all responsibility of instability

of Pakistan’s political system on parliamentary structure and now intended to make

arrangements for putting country on democratic road whether it was by the

introduction of presidential and Basic Democracies. The motive behind the Basic

Democracies was to make rural people involved in political process and improve their

conditions, socially and politically. And to mobilize rural people through aware and

trained class of leaders was the main objective of the system. It was five tiered

structure.178 In these five bodies members were directly elected by the votes of the

people, overall they were 80, 000, half were taken from East Pakistan and half were

from West Pakistan. The main theme behind the introduction of such a system of

Basic Democracies was to socialize people which could be ensured after mobilizing

and involving people in political processes which could only be done if political

parties and groups perform their function to do so. Ayub Khan banned political parties

so such objective could be achieved which ultimately impede the very idea of

democratic set up through Basic Democracies

In 1959, Basic Democracy elections were held in which low percentage of

voters’ turnout was recorded. Officially, it was declared that less than three quarter of

registered voters cast their votes in West Pakistan. It was 50% in East Pakistan179

.

Infact, political parties were out of whole political process which was took place in

the name of the Basic Democracies. But at the same time Ayub Khan felt opposition

of his Basic Democracies system.180

General Ayub Khan took certain other measures

i.e. The Constitution Commission, The Constitution of 1962, Settlement of the water

and boundary disputes and stances on the Foreign Policy.181Above mentioned tasks

were on the disposal of Ayub Khan which left great impact on socio-politico and

economic spheres of the country. All steps taken by Ayub Khan left a big question

mark regarding his motives, reply may be that martial law regime always needed its

legitimacy in the eyes of the masses. It was an irony of the politics of the country

177 Ibid.,p10 178 See the Basic Democracies Structure with Five tiers in Appendix IV 179 Lawrence Ziring, Ayub Khan Era, 1958-1969, Syracuse: Syracuse University Press, 1971), p.17 180 Ibid.,p.17 181 Rafique Afzal,2001op.cit, p.222

83

when leaders became so blunt after violating the supreme law of the land. When

General Ayub Khan declared Martial Law, he revealed in a press conference that “I

said to the president; are you going to act or are you not going to act? It is your

responsibility to bring about change if you don’t, which heaven forbid, we shall force

change”182

Countries like Pakistan, presidential system promotes dictatorial and

autocratic rule rather democratic one. Presidential system not only provides strong

hold of all levels of authority in the hands of president and at the same time lesser

their chances of its removal due to the working of the Basic Democracies system.

People of the country had already been rejected to perform any constructive role in

the political process of the country.183 Basic Democracies further deprived them and

made them inaccessible to the mainstream politics of the country.

It was also ensured that formation of political parties should be prevented

through Martial Law rules and regulations. General Ayub Khan legitimized his action

of making part of his political thinking on two of the following basis;

1. According to him all previous civilian rulers were responsible to make country

very weak.

2. He was the only person who could reform country politically and socially.”

By his point of view, country was plunged into corruption, smuggling and

other social evils and there is dire need to bring country out of it.184 Martial Law

regime brought some drastic changes in it. As the effort has been made by all regimes

to introduce Land Reforms but no one could fulfill its promise. But now, Ayub Khan

established a commission for land reforms.185 He took certain measures to prove his

legitimacy, on one side reforms were introduced and on the other he gave an order in

1959 to counter misconduct in the name of The Elective Bodies Disqualification

Order (EBDO). Through this order various office holders could be investigated that

were charged with corruption and misconduct. He also brought many changes and

tried to remove hurdles in the efficient implementation of polity by

182 Khalid Bin Sayeed,1959,op.,cit, p.401 183 Safdar Hassan Siddiqi, 2004,op.cit., p.104 184 See detailed account on the political situation of the country in Saeed Shafqat, 1997,op.cit.

p.21 185 Khalid Bin Saeed,1980,op.cit.,p. 93

84

administration.186

But very soon he realized that Pakistan’s problems were not merely

administrative and economic but political. He was also aware of the need of people’s

unity and national integration for the stability of the country.187

He had doubt on his

stay in politics due to the reason that his arrival in politics was not constitutional.

Even though he tried throughout his regime to legitimize his rule but he knew the

reality. His power was taken out of army and bureaucracy not political. There was

only one thing under which he could get shelter was the promise with masses to

restore the democracy in the country. His conception about political parties was based

on more fear then reality. He argued that political parties set apart and not unite

people which caused great impede in the way of national integration. Pakistan is

already heterogeneous society split into various small miniroties.With the introduction

of presidential system, the assurance was given that every organ of the government

will work separately. Ayub Khan himself realized the need of separation of three

organs of the government. Actually what he did with his own evolved system was

could be judged in better way when he gave new constitution of 1962. In Constitution

impeachment procedure was so complicated that if any member of the Assembly

wanted to do so he had to face consequences either in the form of leaving of his seat

and membership in Assembly.188

Constitutional distortions were prevailing in Pakistan

and damaging the political edifice of the society at large.

Since the dismissal of the first constituent Assembly of Pakistan, subversion of

Basic Law became common practice of Pakistan’s leaders.189

Such crises further

damaged the country which started with dissolution of the Assembly and

disintegration of the country into two parts.190

Ascendancy of the constitution was in

abeyance and in suspension while people were under great stress. Intolerance

increased which further hindered the flourishment of democratic norms in the country.

Now stage was set for new Constitution during Ayub period. New Constitution was

presented structural framework for the government of Pakistan which was altogether

different from the previous constitution of 1956.Present system was paved the way for

the head of the state to be more powerful with concentration of all authorities. Idea

186 Ibid., p 94 187 Ibid.,p .100 188 For detailed account of Impeachment of President in 1962 Constitution see Appendix V 189 Iqbal Hussain, Pakistan: A Proud Nation But Failing State,(Lahore:Miraj Printers,2007),p.120 190 The election results of 1970 generated an inevitable power for the division of the country in Feroz

Ahmed in Ethnicity and Politics in Pakistan,Karachi:Oxford University Press,1999),p.12

85

was borrowed from American Political system .For Pakistan and Pakistani people it

was completely a new experience in which executive was under the full authority and

influence of president. He was indirectly elected by 80,000 people of Basic

Democrats.

Soon after the opening of BDs he became dissatisfied with it and now twisted

toward civil bureaucracy bearing in mind political and economic matters of the

state191

. Due to this attitudinal pattern of the head of the state, bureaucracy became an

elite group and showed its elitism in every sphere of country s’ life. It was not only

the matter of its structuring but their behaviors also proved it.192During his reign civil

bureaucracy became more strengthened and converted into an instrument to bring

development in the country.He also realized that without political parties no political

system function smoothly. He also agenized that he almost lost his confidence among

masses by taking certain dictatorial steps.

Although, initially he was very hopeful and confident that the steps he had

taken were worth enough to be appreciated. As his land reforms, establishment of

constitution commission and implementation of Constitution; Basic Democracies;

winning the elections in 1964 etc. Parallel, he faced a lot of criticism on various

fronts. From 1947 to 1958, leaders did not try to hold and to talk about elections in

Pakistan even it should in the priority of the government to hold elections. No

national level elections were held in Pakistan till 1958.Provincially elections were to

be taken which later called a scam and jock because of its poor outcome. Punjab

elections were held on 10th march, 1951 for 197 seats. Seven political parties were

contesting the elections. About 10 lac voters were registered but turnout was very low

and alarming. In same year NWFP experienced with provincial elections on

8thDecember which were called rigged elections by those who lost the elections by

tradition and when Sindh Provincial Legislative elections were held in May, 1953

some noises of rigging was also heard. April, 1954 brought news for elections in East

Pakistan for its Legislative Assembly. In these elections Bengali nationalist feelings

were observed, Muslim league lost the Elections. 193In his first five years, Ayub Khan

191 Shahid Javed Burki,Pakistan:The Continuing search for Nationhood,(Boulder:Westview

Press,1991),p.46 192 Ibid.,p.47 193 Turnout of 1970 elections, see Appendix VI

86

focused on two things; first was concentration of power and second was frightening

the resistance.194

Definite measures were taken against politicians. People

Representatives Order of Disqualification Act (PRODA) and Elective Bodies

Disqualification Ordinance (EBDO) were promulgated to make previous politicians

answerable for their misconduct.Approximately,7,000 people came under EBDO.

Now most of the segments of the society were under strict monitoring i-e press, trade

organization, student unions and other unions. Even Imam of mosques encountered

hard line policy that they could not include any political version in their directives. It

was pragmatic to see BDs as “representational dictatorship” but Ayub Khan himself

expressed his attachment with this system is whizkid of the country.195The BDs aimed

at making common people able to participate in decision making. It also aimed at to

make the masses aware about governmental working and functioning after giving

them representation at their own door step. There was a bond developed between

people and Ayub Khan through which contact between them ensures and on the other

side it brought social change in the country. Actually Basic Democracies were to seek

legitimacy in the eyes of masses of Pakistan. Even though Ayub Khan had feared that

what world would take him as ruthless person who grabed all levels of authority. On

this occasion his advisor Manzoor Qadir suggested him to portray himself in such a

way where people and the world would have a high regard for him as Hindus worship

cows. At that time he did his best to gain popularity among masses and to hold

elections of Basic Democracies was one of these steps.

3.4.Economy and Ayub Khan’s Program to Reform Pakistan

With having all efforts to put country on modern and developed road, Ayub

Khan made an effort to bring progress and prosperity for the people of Pakistan.He,

initially, wanted to end feudalism for which he initiated land reforms. Land reforms

put upper limit of 150 acres on the land property of feudal lords. It was a bold step if

implemented in Pakistan, the economic situation of the country could have been in

more prosperous condition. He brought modernization in the field of agriculture and

industrial sector.196

Peasants and tenants got mechanization in fields on one hand and

194 Shahid Javed Burki,1991,op.cit.,p. 46 195 Lawrence Ziring,1971,op.cit.,p.18 196 Syed Sami Ahmed, History of Pakistan and the Role of the Army,(Karachi: Royal Book

Company,2004),p.353

87

industrial sector attained facilitities in buying modern technology and machinery on

the other hand which gave boost to economy of Pakistan.

Unfortunately, Ayub Khan regime could not control such velocity of industrial

progress and led towards inequality in the distribution of money.197

It was true to say

that Ayub’s stay in power with the help of military created distrust among various

identities in Pakistan. Most of the share of total wealth of Pakistan was in the hands of

22 families of West Pakistan. East Pakistan was not getting its due share and

considering it as exploitation which ultimately generated the feelings of alienation and

they got separated from rest of the Pakistan. One another negative development taken

place when corruption increased in almost every segment of the society.Hamoodur

Rehman Commission Report 1971 related to the political account of Pakistan from

1962-69 indicated Ayub’s rule as “Although Martial Law had avowedly come in to an

end corruption, it is paradoxical that during the Constitutional regime of Ayub Khan,

corruption increased at an alarming rate. The BDs.it was said, had spread corruption

into every nook and corner of the country. The government itself, it was further

alleged connived at, if not, actually encouraged their corruption for they formed the

Electoral College for the elections of the president himself. They openly sold their

votes to the highest bidder. The field Marshal’s policy of appeasement of the army by

giving them lands, increased pay and pension benefits and other venues of

employment after retirement also tended to create a feeling of resentment.”198

Furthermore, Third Five Year Plan of Pakistan’s economy had planned to develop and

modernize its poor farmers but unfortunately it strengthened upper and middle class

farmers. The social change which was expected through land reforms could not

achieve.199

3.5.Local System as Alternative to Fill the Gap

Ayub Khan considered local reforms as one of the important step of his rule.

Basic Democracies were key factor to keep his government strong and stable as Ayub

Khan had perceived. Elections of Basic Democracies were launched on 26th

197 Ibid.,p.353 198 The Report of the Hamoodur Rehman Commission of inquiry into the 1971Wa, p.49 as

Declassified by the Government of Pakistan. 199 Government of Pakistan, Planning Commission, The Mid Plan Review of the Third Five Year Plan

1965-1970,(Karachi:1968),p.1

88

December, 1959.Voter’s turnout was very low in two parts of Pakistan which shows

that people were no more happy with the new system .Moreover,80,000 elected BDs

took oath of their responsibilities and shown their confidence over Ayub when he

took oath from them on 17th February,1960.

200 He became first elected president of

the Pakistan. At the same time, parallarly Constitution making commission started its

working on new constitution under Justice Shahabuddin.During the whole process of

Constitution making, Ayub Khan focused on the one notion that he would put an end

to martial law the moment he would sign the new Constitution. With the promulgation

of the Constitution of 1962, he aimed at establishing democratic principles and culture

in the country. Democracy was taken as sole political system of Pakistan201. While

introducing constitution of 1962 General Ayub Khan said that “We have adopted the

presidential system as it is simpler to act, more akin to our genius and history and less

liable to lead to instability, a luxury that a developing country like ours cannot

afford”202 but political leaders were insisting on parliamentary system. In the words of

Ch.Mohammad Ali, former prime minister of Pakistan, “the presidential system

would create great deadlock in Pakistan, particularly over the budget”. 203Later on it

was witnessed that wealth was concentrated in few hands popularly known 22

families who captured giant share of economic growth of the country.204

Although, Basic Democracies ensured democratic set up as Ayub Khan

affirmed, Peoples’ participation and active involvement was assured in apt manner at

every level of the government through this system.205

Ayub Khan’s stance on

democratic environment was reflected on various occasions.

He introduced many reforms in diverse fields of the political system of the

country. He did his best to snub those groups with whom he had fear of any kind.

Among those groups, the biggest opposite group was feudal lords. Land reforms

commission was established in 1958 and it started working in 1959.Such reforms

were appreciated by East Pakistan and West Pakistan except feudal class. On the other

hand from 1959-1969, 4 million hectors of land was brought under the usage of public

200 Ibid.,p.18 201 Ibid.,p.28 202 G.W. Chaudhry, Democracy on Trial in Pakistan, Middle East Journal,Vol.17,No.1/2(Winter-

Spring,1963),p.6 203 Ibid., p.6 204 Ibid., p.8 205 See Basic Democracies Structure in Appendix IV

89

mainly sold to civil military officers which later on controlled the major portion of the

productive resources of the country.206

This was a completely new class of

agriculturalists and farmers in Pakistan but not for the benefits of tenets and peasants.

In 1955, several legal reforms were also introduced and in 1961, Legal Commission

issued the Family law Ordinance which was appreciated by the women folk of the

society. Although, it was not implemented as opposed by the religious leaders and

some other groups

Ayub Khan took another step to make and develop greater opportunities for

people. Economic development was now, bearing its fruits. It happened when he

introduced land reforms and consolidated the land holdings. Besides this, he went for

rural credit program and did a lot to improve the quality of seeds to make country self

sufficient in foodstuff and this whole activity ensured “Green Revolution”. His

attention was also on industry and he introduced the Export Bonus Voucher Scheme

1959. Tax concessions were given to investors in developing areas and such efforts

brought industry in Punjab.207Economic Survey of Pakistan presented increase in

percapita income from 381 in 1966-67 to 399 in 1967-68.208GDP growth rate was at

maximum height which was 6.8%.

About opposition he had his view point that it was not formed on true lines. Its

unity was symbolic rather than real. In the perception of Ayub Khan Opposition was

not working well as they were the people who misguided masses and provoke them

on those issues of which, solutions could not be easily found. He sought democracy

and stability in political system as it was well thought-out that political stability was

necessary tool to bring economic development of the country. It can be well judged

that he advocated mass participation and democratic norms on one hand but on the

other hand he worked as an authoritarian who paved to be capricious decision maker

and wanted to see blind following of masses.209

206 http://historypak.com/reforms-introduced-by-ayub-khan,Retrieve on 11-5-11. 207 Green Revolution refers those reforms which were brought by General Ayub Khan in Agriculture

Sector. Further detail of green revolution can be seen in Saeed Shafqat, Civil Military Relations,(Colorado: West view Press,1997),pp.40-41

208 Economic Survey Pakistan1967-1968,(Islamabad: Government of Pakistan, Finance Division, Economic Advisors Wing).

209 Ibid., p.186

90

Pakistan’s state and its people always needed the kind of leadership that would

have political voice. But Ayub Khan did not prove to be the leader of that stature. BD

system was basically evolve to ensure participation of the people of rural areas in

policy making but it failed to mobilize rural strata of the country. Ayub Khan had

realized that politics and organization of politics was a source to rule over people

without using coercive measures.210Ayub Khan became President of the Muslim

League Party on December 24th, 1963 after getting unanimous votes.211

In 1965, a number of developments took place which involved Presidential

elections and war with India. These two had immense upshot on Pakistan’s’

democratic progression and outlook. At that time BDs elections were held on non

party basis but not without any opposition. In later years demand for party system in

the country was heard. It was now, decided that National Assembly and Provincial

Assemblies elections would be held on party basis. Group intrigues within the parties

were a common practice which slowered the process of democracy212

A conflict between leaders themselves is a major characteristic of political

edifice of Pakistan. Leaders used politics for their own interest and democracy was

like a game of a child. It was not in use as formal movement which was an instrument

to attain the goals of peoples’ wellbeing and betterment. Leaders consider themselves

as real holders of the power of the land and employ all instruments to keep themselves

intact with influence. Ultimate goal was to get legitimate power for making their rule

possible. They think that to use state institutions for rule is justifiable.213

Leaders consider better to induce illusion to the nation rather than reality.

Bagehot said about democracy that, “it gives illusion somewhat to present an

actuality”. In case of Pakistan, this illusion of democracy was very beautifully

portrayed by the leaders to the people of the country. Leaders of the opposition

practiced with an unendurable and non accommodative conducts. They believed in

abhorrence, dissection and disagreement.Parallarlly, political parties were not formed

in the shape which was required to mobilize people in such a way where they could

play any constructive role in the polity. The configuration of political parties was not

210 Ibid., p.35 211 Ibid., p.35 212 Mohammad Siddique Qureshi, Political Culture in Pakistan,(Islamabad:Dost Publications,2002),p.4 213 Ibid.,p.5

91

based on set of laws rather they became factions that were divided into a variety of

groups. These groups were controlled by the people who were office seekers. The

standards, norms and environment which were responsible to develop political culture

in any country seemed to be missing. Because, they needed the kind of political

culture which could create and generate coherent and viable environment for

nourishing democracy and democratic set-up.214Even, when voices were raised for the

revival of Parliamentary System, Ayub Khan bluntly said as reported in one of the

leading news papers that, there would be a “bloody revolution” 215

He was earnestly attached with his new Constitution of Presidential nature and

called it as entirely an unmarked occurrence.216 It was the sole work of an army man

but at the same time Bhutto, who had already started progressing his political

functioning, started shaping and reshaping Pakistan’s polity by helping Ayub Khan217.

He was law graduate and excellent debater and arguer who later on taught

international and constitutional law in Muslim Law College of Karachi. Ayub relied

much on Bhutto for restructuring state of Pakistan as young blood. And Bhutto

actively launched presidential election campaign for Ayub Khan. Bhutto was in favor

of statecraft instead of state building like Ayub Khan. For statecraft, Ayub much

relied upon on the US than domestic allies. This attitude further aggravated the

situation. Opposition got annoyed with Ayub on the policy of non intervention in

disputed Kashmir as America had warned Pakistani President. It proved his inability

to take independent stance. It was difficult for him to reconcile with such opposition

when he already lost his credibility in the eyes of the people of Pakistan. Bhutto’s

stature as Foreign Minister was of imminence weight in the eyes of Ayub Khan and

he did his best to ensure public trust on Ayub and he put all his energies on the revival

of the image of Ayub Khan. At this point of time Bhutto’s stance on Ayub’s position

was diplomatic. He knew very well that if he was supporting Ayub, he will be gaining

score politically. Later on, it proved that it eventually happened.

Even, when, after 1965 war with India, Ayub khan signed Tashkent

Declaration in 1966 with India with the mediation of former Soviet Union, it was

considered as great betrayal of Pakistan by Pakistani political leader, Ayub Khan at

214 Ibid.,p.7 215 Dawn, 8 April,1962 216 Lawrence Ziring,1997,op.cit.,p.265 217 Ibid.,p.276

92

the time of signing of agreement. He botched to please nation and yet the failure of

political leadership at every level after eighteen years, could be seen. Democratic

tasks were yet not completed. He also could not provide a developmental framework

under which he could play any significant role in national integration of the country.

3.6.Ayub Khan’s Challenges

On economic and social facade, he gained but lost on political frontage which

was the backbone of the state domestically and internationally. Even though, he

achieved some objectives on international forums as he signed Indus Basin Water

Treaty with India with the help of World Bank. After war with India, he made an

agreement with India in 1966.He signed Tashkent Declaration in which Russia was

the mediator. It was a turning point for Pakistan to shake hand with Soviet Union

which was considered as a good friend of India. Having failed to gain any table

victory, Ayub Khan faced lot of criticism. He failed to satisfy the nation on this very

issue. Even, failure of leadership either civil or military could be seen after eighteen

years. Bhutto capitalized his position while saying that he was far-off from such

agreement.

During and till the time of Tashkent Agreement, Z A Bhutto had proved his

credibility in the eyes of Ayub Khan. He was the topnotch component of “Cabinet of

Talent”and he knew this reality that Ayub Khan could not work without him.218 He

became indispensible for Ayub khan. Bhutto capitalized his position after Ayub’s

return to country while saying that he was distant from such agreement. He became

successful to make people realize that Ayub’s signed agreement was just a great

damage, nothing els. He materialized his personal interests easily in the eyes of

masses of Pakistan being civilian mainly in the eyes of adolescence and students.219

Now, Bhutto was in position to maneuver the situation very well but Ayub Khan

realized the fact that Bhutto was damaging his image in the eyes of Pakistani people

to keep himself apart from whole development which had taken place at Tashkent.

Ayub Khan noticed the situation and removed Bhutto from the office of the

Foreign Minister and he was no more a member of Ayub’s Cabinet. It was at this

time, when country was on the brink of shocks and breakdowns, opposition started

218 Lawrence Ziring, Pakistan in the 20th Century,(Karachi: Oxford University Press,1997),p.305 219 Ibid.,p.306

93

making demand for the removal of Ayub Khan from his office of the president.

Among opposition fronts, Ch.Mohammad Ali and Maulana Madoodi were more

active because they were the staunch dissenters of Ayub’s Policy on Tashkent

Agreement.220

During that course of time National Conference was convened. It did

not bear the fruits what were expected by the various political parties. Rather numbers

of politicians were caught under the “Rule 32 of the Defense of Pakistan Rule,

1965”.221 This rule was implied on those who found in disturbing public order through

prejudice activities and due to this action of the government, opposition slower their

activities and functions which later on called political deficiency. At this crucial

moment of country’s journey, they all groups were not ready to bridge the gap

themselves.

During all these developments, Bhutto took advantage and found open space

to criticize Ayub’s regime and his policies as Bhutto criticized Ayub’s efforts for

democracy in the name of BDs. He said that from Plato’s time, democracy and

authoritarianism had remained separated not combined what Ayub tried to do in

Pakistan.222He made mockery with the people of Pakistan, Bhutto alleged Ayub. After

Tashkent Declaration of 1966, Ayub Khan faced hard-hitting time when students went

for campaigning and complaint against educational reforms introduced by him to ban

political activities among students.223

Ayub got upset when he had to alter his actions

on certain issues.

Situation became more critical and hostile and crises got impetus in late

1960s. Some students died which led to a more burning situation and military was

called to control the situation. In different parts of the country such as, Karachi,

Lahore, Peshawar, Dhau and Khulna (In East Pakistan) army spread. It shows that

now army was responsible to control any disturbance or commotion. When these

crises occurred, opposition formed Democratic Action Committee (DAC) which

constituted eight Political parties.224 Awami league of East Pakistan did not join DAC

under the headship of Sheikh Mujeeb ur Rehman. Ayub tried his best to make

compromise on various issues and proposals but DAC clearly said that their programs

220 Ibid., p 307 221 Ibid. 222 Z.A Bhutto, Awakening the People,(Lahore: Classic ,1994), p. 38 223 Hamid Khan, Constitutional and Political History in Pakistan, (Oxford: Oxford University

Press,2005),p.200 224 See detail in Lawrence Ziring,1971,op.cit.,3

94

were non negotiable. After that Ayub Khan decided to resign. He always had his own

stand point about politicians and their working to keep country weak and unstable. He

pointed out this reservation in his last address to the nation225

.He always condemned

the role of politicians and alleged them to of preserving their own self-seeking

interests. Due to this attitude of non reliability of Ayub Khan on politicians he wrote

to General Yehya Khan about the situation of Pakistan and to take the control of the

country.226

General Ayub Khan struck the politicians when in his last time span of power,

he transferred the authority to General Yehya Khan. He found himself incapable to

control the mutiny. It was the time when country was on the brink of its division into

two parts and things were not under control. Once again army took over the charge

due to which such prevailing conflicting situation was put to an end. Now, Ayub left

Pakistan in more disgruntled position as he found it from politicians.227 No doubt, he

was a modern leader who has developmental approach towards various aspects of

Pakistani people but he himself became victim of his own misevolved policies. His

acuity and involvement in the affairs of the country was not meeting that level of

leaders vision which is the must part of the leadership

He took advantage out of Ayub’s failure and being a popular personality in the

country, created his own political party in 1967. Very soon, Pakistan People’s Party

became popular in West Pakistan and proved to be the last stroke in the back of

Ayub.Hence; Ayub Khan was much worried about Mujeeb Ur Rehman’s Six Points in

East Pakistan.228

Now, Ayub Khan became more sensitive on certain issues. He put

allegations on Mujeeb to work against him and his government. In 1968,45 politicians

were arrested from PPP and NAP. Ayub accused them of destroying the coffin of the

country.229

It was the last nail in the office of Ayub’s autocratic government which finally

decided the fate of his rule. Ayub Khan himself was responsible to bring the country

on the brink of destruction and disintegration due to his policies under which the

225 See detail of address in Hamid Khan ,2005,op.cit.,p.204 226 Ibid.,p.205 227 Ibid.,p.205 228 Sheikh Mujeebur Rehman presented his Six Points Formula in its manifesto issued in 1966 in

Lahore. For detail see Appendix VII 229 Hamid Khan, 2005,op.cit.,p.199

95

generation of 22 families could have been possible. These families were holding the

foremost part of economic recourses of the country. It had unconstructive impacts on

the political development of two wings of Pakistan especially Eastern wing. His full

attention was on the issue of Awami League’s Six Points which were taken up by

Sheikh Mujeeb ur Rehman.

Although, he was not in a situation to manage any confrontation and

opposition from any quarter.230

His condition was gradually declining and General

Yehya Khan took the charge of Government. All uprisings, violent activities,

demonstrations and riots were wrecked at that time of point. Ayub Khan was

considered as modern leader and developmental. He wanted to keep country on

developmental track but he became victim of his own policies and wrong perception.

He tackled every matter of public welfare within the paradigm of economic

development and growth. No doubt, he was a modern and progressive leader but

lacked in vision. He misjudged the ground realities at certain time of points while

taking such steps. Muslim Family Laws Ordinance in 1961 was one of his most

progressive acts. But he could not foresee the reaction and responses of the religious

groups and parties of the country. He proved to be a leader of misperception about

various facts related to the people of Pakistan. During his regime his family members

got huge share in national economy and they become moneyed and industrialist

suddenly. His economic program proved to be failure because major part of national

wealth was concentrating in few hands.

Again, country was in turmoil when General Yehya Khan assumed control and

ended up with 1962 constitution.231

It seemed satisfying when he announced that “he

will be back to his barracks after maintaining law and order situation and installing a

new constitutional government”232

. Although, General Yehya Khan was a military

man but when he assumed the highest office of the country and became political

leader of the people of the Pakistan, he took various steps and policies to handle crises

conditions prevailing in the state. He came into contact with politicians and realized

that there was dire need to give Legal Frame Work to manage affairs of the country.

On 30th March, 1970 was the time when he introduced the Legal Frame Work. It was

230 Lawrence Ziring,1997,op.cit.,p.314 231 Ibid., p. 206 232 Ibid.

96

really a courageous step through which he announced to hold first General Elections

in the country at national and provincial level.233

It was a turning point in Pakistan’s

political system that led towards democratization in the country because elections

were announced. Fair and transparent elections are always considered best tool to

bring right kind of leadership.

In Legal Frame Work Order, the seats for National Assembly were 313; out of

which 13 seats were reserved for women. This development brought women

participation in the mainstream of the political system of the country. For keeping

country on democratic road gender development is one of the basic tool which was

correctly used by the General Yehya Khan. Further arrangement for distribution of

seats was given as below:

Areas Seats

East Pakistan 162

Punjab 82

Sindh 27

Baluchistan 04

North West Frontier Province 18

Tribal Areas 07234

When LFO was given, no parity principle was assured rather East Pakistan

was granted more representation than the other areas.LFO was politically

premeditated schema through which he himself wanted to be elected as the

constitutional president of Pakistan235

.Through allocation of more seats to East

Pakistan, Yehya Khan tried to get confidence of people of Pakistan especially, Sheikh

Mujeeb ur Rehman. It was his first step toward accommodation of opposite ideas and

people but Sheikh Mujeeb ur Rehman proved to be very stiff to mould according to

233 See detail in Safdar Mehmood,The Constitutional Foundations of Pakistan,(Lahore: Publishers

United LTD,1975),pp.623-642 234 Lawrence Ziring,1997,op.cit.,p.326 235 Syed Sami Ahmed,2004,op.cit.,p.357.Also see detailed account of new political arrangements made

by Yehya Khan in the name of Legal Frame Work Order,1970 (LFO) in Appendix No VIII

97

his plan. Situations were varying when first general elections were held in 1970 in

which 25 political parties contested the election. Results showed that not a single

political party proved to be a party of national stature.236

It was the time when

Bhutto’s dominance could be seen in Punjab and Sindh in West Pakistan.

Elections were held on 12th November, 1970.In East Pakistan, Awami League

got 167 seats out of 169.237

Awami League, a political party proved an effective party

which got majority in elections but only in eastern wing of the country. Other notable

political party was Pakistan Peoples Party who got reasonable and respectable number

of seats in National Assembly that was 81. This political party by its popularity, like

Awami league remained confined in other wing of Pakistan, West Pakistan. These

two political parties had nothing to do with either wing in terms of representing the

whole population of Pakistan irrespective of East Pakistan or West Pakistan. As

Hamid Khan used an expression for election results in two wings of Pakistan in his

book that “Old Guards were replaced by new and relatively young group”238

Now, the responsibility of General Yehya Khan became increased to settle the

issue of formation of government by majority winning party. He could not grasp the

circumstances under certain pressures by Bhutto who was now very popular and

authoritarian personality in West Pakistan. He had his own agenda to become ruler of

Pakistan as he was considering Awami League and Sheikh Mujeeb ur Rehman traitor

of Pakistan due to their Six Points.239General Yehya Khan was very practical as he

conducted elections in Pakistan but at the same time he lacked in contact with the

masses of Pakistan. Due to his failure to control the crises and conflict situations that

arose after election results, he did not invite Awami League to form Government

which further deteriorated the relationship between people and their rulers.

It was the time to see the vision and stand of political leaders of both wings of

Pakistan. Reconciliation and compromise was kept aside to get the reign of

government in their hands. The three political leaders did not show their interest for

the stability of the country either by transfer of power or to make compromise on

certain plans. At that time of point Yehya Khan wanted to have mid way solution of

236 Lawrence Ziring,1997,op.cit., p.329 237 Ibid.,p.333 238 Hamid Khan, 2005,op.cit.,p.217 239 See detailed report on Awami league Draft Proclamation, in, The Constitutional Foundations of

Pakistan by Safdar Mehmood,(Lahore:Publishers United LTD,1975),pp.928-942

98

this problem while talking with Bhutto. Great tragedy happened when Bhutto and

Sheikh Mujeeb ur Rehman turned down with their promises and became stick with

their stand points. Both leaders created nuisance in the country. Moreover, Yehya

Khan postponed the convening of National Assembly which annoyed the Awami

League more.

The most significant aspect of the political parties at the time of elections was

that they functioned as factions instead of mass oriented political parties. Problems

and crises became an impetus when political leaders failed to reach any agreement.

Awami League was stick with its six points program after getting majority in East

Pakistan and Pakistan Peoples Party(PPP) led by Z.A Bhutto on the other hand did not

want transfer of power to Bengalis. He took plea that the kind of proposals put

forward by Awami League, were not meeting the requirement of workable federation.

At the same time, when General Yahya Khan made an announcement for the

cancellation of calling National Assembly, it provoked Awami League.240 They went

for every kind of resentment and General Yehya Khan called army to maintain law

and order situation in East Pakistan without taking Mujibur Rehman into confidence.

Bhutto did try to keep himself separate from it and did not come forward to

help the situation. Z. A Bhutto had capability to influence the people and manipulate

the process which was going on at that time. He advised Yehya Khan to transfer of

Powers to Awami League in East Pakistan and to Pakistan People’s Party in West

Pakistan. He further stated that “Pakistan has at least been saved”241 This statement by

a political leader shows his impact factor in the process of democratization, which

later affected the whole polity of the state.

It was the time, when country was in the quagmire of havoc and out of the

hands of the political leaders of the two wings; Bhutto emerged as an articulating man

in West Pakistan. He proved to be popular leader who could not wait for long to hold

political authority.242

The notion being “protector of the people” failed in 1971, when

Mujib and Bhutto did not take risk to keep country integrated.Tir and Jasinski argued

that it is an alternative in the hands of the political leaders to go for domestic

240 See detail in Hamid Khan, 2005,op.cit.,p. 220 241 Hamid Khan,2005,op.cit.,p.228 242 Hamid Khan,2005,op.cit.,p.243

99

diversion instead of integration for their own interests.243

In 1971, separation of East

Pakistan witnessed the same.

In sum, it can be said that political leaders are taken as structural organs of the

political system of Pakistan since its inception. But ironically political leaders

remained very feeble and unreliable organ whenever political crises occurred. This

situation is very accurately portrayed by Khalid Bin Sayeed when he analyzed

political events of Pakistan under “Hobbes” notion of state of nature in which no one

can tolerate others are ready for shielding their own vested interests.244Hobbes’s

notion when applied on Pakistan might be exaggerated but nevertheless is true. Order

could not be maintained and institutions could not be established during this time.

Leaders of the party worked for themselves and for their families and never gave any

attention and contemplation to Pakistan as their homeland.

243

Tir, Jaroslav, and Michael Jasinski, Domestic-Level Diversionary Theory of War: Targeting Ethnic

Minorities, Journal of Conflict Resolution, (2008), pp. 641-664. 244 Khalid Bin Sayeed,1959,op.cit.,p.390

100

CHAPTER NO. 4

ZULFIQAR ALI BHUTTO:

POPULIST STYLE OF RULE

101

INTRODUCTION

The preceding analysis underlines that Pakistan’s political system encountered

shocks and break downs that led to the failure of political system. The performance of

various political leaders either from the army or the civil set up; made the country

more vulnerable in the context of protection of life and the wellbeing of its

stakeholders. Due to the frequent changing of Prime Ministers in the initial period as

well as military intervention created uncertainty for the sustainability of democracy in

Pakistan which lead to the failure and weaknesses of the political system.

The political culture, mores and environment remained intimidating for the

establishment of effective democracy and major cause was the nature of leadership

that Pakistan had found since its inception. Soon, Pakistan was on the brink of

dismemberment due to the civil discord between East and West Pakistan which was

not effectively handled by its political leadership firstly by the Presidents and later the

Prime Ministers. Pakistan faced the challenge of its survival and at the same time had

to portray its image as a democratic state. In these circumstances Bhutto started his

populist manner of rule which shaped and reshaped democracy in Pakistan.

This chapter examines the qualities and role of Z A Bhutto in upholding

democratic norms and making efforts to put country on the track of democratization.

It also highlights the role of Z A Bhutto in democratization which is determined by

various themes. Furthermore, it focuses on the transformation of Pakistani society by

the steps and strategies evolved by Z A Bhutto to address issues such as institution

building, traditionalism vs modernization, center provinces tension, opposition role,

power sharing between various institutions and most important was to prepare the first

unanimous agreed constitution for the country.

Under the new system, first general elections of Pakistan were held in 1970, as

announced by General Yehya Khan the then Martial Law Administrator. These

elections were held on the basis of ‘one man’ ‘one vote’ in either wing, East and West

Pakistan. Awami League won majority in East Pakistan and Pakistan People’s party

102

swept in West Pakistan. The results of 1970 general elections of Pakistan’s National

Assembly led Pakistan towards a new dimension.245

Bhutto became a prominent figure in the political process of Pakistan in West

Pakistan. Perhaps, when he became civilian Chief Martial Law Administrator, he was

a leader who fell in the category of unique leadership. Indian writer, Veena Kukreja

called Bhutto’s era as populist style of leadership.246

Supporting Kukreja’s stand

point, Arshad Sami Khan observes Bhutto’s rule as an era of democrats.247

In light of

these observations it appears that Bhutto knew the art to involve people in the political

process of the country but at the same time he wanted to keep all authority in his

hands. He gave the impression to the people that they were custodians of democracy

and active members of the Pakistani society. However, his close associates were not

allow to interfere in his unique way of administrative rule. Nevertheless, such

leadership was introduced for the first time in the political history of Pakistan when

masses and political leaders became more prominent then traditional elites and power

groups. This unusual arrangement was more based on hypocrisy than on general

consideration.

As for Pakistan, Bhutto believed that change should come and old ways and

norms should be replaced by the new ones. He mentioned this in his speech to the

journalists that what he had experienced in his family politics was totally different

from today’s politics. To deal with which, new methods and approaches are

required.248Bhutto believed that time had come when Pakistan needed a change and

that institutions had to be transformed. Bhutto started his political career giving way

to new ideas and managerial techniques. In this regard, on numerous occasions he

openly condemned traditional institutions and socio-cultural set up of Pakistan. He

also warned that revival of old and traditional political leaders will invite another

martial law in the country. In this regard, he took a firm stand on certain issues

uncompromisingly. He put stress on parliament and party system and criticized Ayub

Khan’s regime for banning of political parties.249 He believed that political parties are

245 For detail see Party Position 1970 Elections in Appendix No IX 246 .Veena Kukreja,Contemporary Pakistan :Political processes, Conflicts and Crises, New Delhi;

SAGE Publication,2003),p.35 247 Arshad Sami Khan, Three Presidents and an Aide,(New Delhi: Pentagon Press,2008),p.252. 248 Bhutto’s Speech at Dacca on 12th January 1971 while addressing with journalists in Zulfiqar Ali

Bhutto, Awakening the People,(Lahore: Classic Printers,1995),p.29 249 Ibid.,p.39

103

the best source to mobilize people and it is the responsibility of the leader to talk and

act accordingly.

In his early working period, Bhutto was considered as great ally of President

Ayub Khan. Bhutto himself called Ayub Khan as Attaturk, Stalin and Lincoln of

Pakistan. Bhutto did not agree with Ayub’s policies and resigned from his cabinet as

he wrote in his book “Awakening the People.”250

He gave one justification for his

resignation that “I belong to the people of Pakistan, because I am a conscious person

what I have learnt from the people of Pakistan”.251 Here, Bhutto misjudged his place

among the people of Pakistan because people of Pakistan were not well aware of their

political system. The down trodden masses of Pakistan could be patriotic but not

conscious enough to guide a person like Bhutto in any direction. However, in

Pakistan, leaders are the product of high social strata of the society and as they belong

to upper class of the society, how they can touch the ground level of masses.

Various writers and scholars confirmed the view that Pakistani society was

controlled by feudal system and biradaries being major criteria for political support.

Roedad Khan, who spent his life in civil bureaucracy and worked with Presidents and

Prime Minister’s offices, Mohammad Waseem,a prominent social scientist on the

other hand observed and found ground realities of Pakistan’s political system and its

leadership accurately. Their information is based on first-hand information.1970s

general election results proved it. Such results astonished most of the observers as

well as the people of Pakistan. Bhutto approached directly to the ousted biradaries

from the new political set-up. This Socialist approach was welcomed by the people.

Bhutto ruled over Pakistan and national politics of the country for five and

half years. During his stay in politics he worked as leader and ruler of the country. He

introduced a new form of politics for the country. Before him, politicians did not

consult the common masses, rather they preferred to sit in drawing rooms and discuss

people’s issues there in which bargaining and negotiations had remained very

prominent features. Bhutto’s political stance set him apart from his fellow politicians.

He was the only leader after Quaid-e-Azam who took large public under his influence

250 Ibid.,p.119 251 Ibid.,p.119

104

by his speaking style and speeches.252

One beauty could be seen in his personality that

he met all the levels of the class whom he was addressing whether educated people or

the mass-downtrodden people of the country. He was called the “unchallenged leader”

of national politics of the country who could take risks in life.253

In fact, Bhutto passed through the whole process of politics from the very time

of his youth. He got political training from his father in a very early age. Bhutto’s

father believed that politics demanded “Diverse Talent” which would generate a

different kind of style and look. He also held that entity with him due to which he

could transform the fortune of the masses. And he saw such personality in his son.

Pilloo Mody pointed out one personality characteristic of Bhutto that he was able

enough to use or manipulate people for achieving his own interests.254He spoke

impressively and he knew how to leave a profound impression. His informal talk and

discussion left very effective imprints on the minds of the people. Roedad Khan

appreciated Bhutto’s arrival in government in his book Pakistan:A Dream Gone

Sore,that “we thanked God that such a person was now the leader of the nation in the

depressing time of Pakistan’s political history”.255Bhutto, when he entered politics,

was liked by governmental officers because of his high spirit. He also wanted to get

support and cooperation from political leaders all over the country.256

His opponents were not out of nest when he was seeking cooperation. He

strove to give and create good gestures to his opponents or searching new Pakistan.

Bhutto’s entry in politics as Commerce Minister was made possible by Iskander

Mirza, the then president of Pakistan. He, due to his ability and well-liked personality

became very close to General Ayub Khan. He won the trust of Ayub Khan very soon

and became Foreign Minister after the death of Mohammad Ali Bogra.

For the time being, he transformed Pakistan into an Islamic Socialist state. He

became a populist leader. He firstly relied on people but later on started again

depending upon traditional elites: military, bureaucracy and feudal lords. He himself

belonged to landed aristocracy. He revealed his views reflecting this class which was

252 Lawrence Ziring, Pakistan in the 20th Century, (Karachi :Oxford university Press,1997), p.374 253 See detail in Stanley Wolpert, Zulfi, Bhutto of Pakistan,(Oxford Oxford University

Press,2007),p.353Also see Lawrence Ziring,1997,op.cit.,p.374 254 Stanley Walpert, Zulfi, Bhutto of Pakistan,2007,op.cit.,p.353 255 Roedad Khan, Pakistan: A Dream Gone Sour,(Karachi: Oxford University Press,1997), p.61 256 Ibid.,p.64

105

presenting his personality in such a way that could not match with his views. No

compatibility could be found in his thoughts and practices. Mainly it was due to his

feudal mentality which meant that he had set himself apart from the masses. This

process of clash could be seen in Pakistan politics as

Clash of Personality with Thought

Bhutto’s Personality

Bhutto’s Views

Clashes

Dissenting Approach

Feudal Background Mentality

Figure 4.1: Clash of Personality with Thought

Source: Prepared by the researcher

East Pakistan crises just occurred and Bhutto claimed to be the sole

representative of civilians of Pakistan. At this time of point he had one “pledge to

build Pakistan again on democratic ideas” and later years witnessed with an

amalgamation of achievements and losses.257 Initially, he was welcomed by various

segments of the society and political parties. As Mufti Mehmood received him as the

President of Pakistan; Air Marshall Nur Khan said that “Bhutto was man of Hour”

without which country’s stability could not be ensured.258Dawn highlighted the arrival

of Bhutto in politics of Pakistan in these words; “Civilian Government Today: Yehya

Quitting Bhutto Due” 259

It was a new beginning in Pakistan when civilian ruler was awaited. He gave

the gesture that he was not power hungry. While he was addressing the nation through

Radio Talk, he pointed out that his “opponents blamed him as power hungry, if I was

257 Surentheranath Kaushik, Political Leadership in Pakistan: Aspects of Bhutto’s Experiments, in

Pandav Nayak, Pakistan: Society and Politics, New (Delhi: South Asian Publishers Pvt,LTD,1984),p.167

258 Dawn,20 December,1971 259 Ibid.

106

power hungry; I would have compromised at Tashkent”260

. He stood with this notion

that “he had been in a struggle for democracy and it has not been an ordinary

struggle”261

After the very arrival of Bhutto in power he said that “Now we will move

to the constitution. We have to give country a new rule of law.” 262

Bhutto was a

person who took people along with him by his attitude, statements and expressions.

As Pakistan’s Social Scientists interviewed and were of the view that leaders should

use clarity of agenda and manifesto to mobilize the people of country.

Table No: 4.1 Method Used by Political Leaders to Mobilize People

Methods Number of Responses Percentage

Public gathering 16 23.5 %

Protest/Agitation 10 14.7%

Clarity of Agenda and Manifesto 42 61.8%

Interestingly, table 4.1 presents a vivid picture of methods used by the political

leaders to mobilize people of the country through agenda and having their

manifestos.61.8% Social Scientists are showing their concern in favor of manifesto

and agenda and 23.5% believe in public gatherings to keep people motivated and

mobilized. According to them, leaders are little inclining towards public gatherings

and protests. Interestingly, Parliamentarians of the country believed in direct meetings

and speeches to keep people mobilized. For this reason we can observe increase and

decrease in voter’s turnout in various elections held in Pakistan263.20th December,

1971 was the day when he addressed the nation to build a new Pakistan in following

words:“We are facing the worst crises in our country’s life, deadly crises; we have to

pick up the pieces, very small pieces, but we will have a new Pakistan, a prosperous

and progressive Pakistan, a Pakistan free from exploitation, a Pakistan for which the

Muslims of the subcontinent scarified their lives and their honor in order to build this

land. That Pakistan will come, it is bound to come. Every institution of Pakistan has

260 Ibid. 261 Ibid. 262 See Bhutto’s Address with the nation ,Text of his Radio Talk was published in Dawn,22 December

1971. 263 See Appendix VI on p.286

107

either been destroyed or threatened and that is why we face this state today, we have

to rebuild democratic institutions, we have to build confidence”264

It was observed by

the researcher that after becoming the President and later Prime Minister, he put all

his efforts to restore democracy and making people’s morale high. It was thorny

mission to be done by a person who got political position after very long military

hegemonic rule of Ayub Khan and Yehya Khan. Another issue arose at that point of

time that there was a huge gap between authoritarian rule and democratic set up which

had to be bridged. And to keep them in line with patterns of democracy, Bhutto had

strived hard to convene all actions.265

Political leadership was affected greatly by the long military rule because

General Ayub Khan and General Yehya Khan proved to be ineffective in mobilizing

people on the right path where they could be able to choose their representatives

according to their choice. Outcome of disintegration of Pakistan required a new

course and vision by its leaders. Except Bhutto, no other political leader had adequate

scheme and working experience in political system so well after the disintegration of

East Pakistan. Another important phenomenon to highlight is that leadership role is

determined by the environment and norms.

4.1. Z.A Bhutto: An Attractive Personality

It is true that Bhutto had very impressive personality with which he left great

imprints on the poor and downtrodden community of Pakistan. He was quite

confident about his own personality distinctiveness. He wanted to leave impression on

his opponents by characterizing himself as a great leader who possessed various

attributes and traits.266He was educated from abroad and a confident speaker. He was

competent and capable statesman. Belief in democracy was one of the most important

political tags with whom he was comfortable and loyal to the country.

An exploration of his personality traits in politics of Pakistan made him very

straight forward person who handled state affairs in his way. He did show his concern

for the people of Pakistan and try to be very close and sympathetic to the poor

community of the country. He was an audacious leader who could play any role in

264 Saeed Shafqat, Civil- Military Relations in Pakistan,(Colorado; West View Press,1997),p. 80 265 Ibid.,p.81 266 Anwar H.Syed, The Discourse And Politics of Zulfiqar Ali Bhutto,(London: Macmillan Press

LTD,1992),p.73

108

hard times such as during East Pakistan crises when he announced openly, that

Security Council had acted short sightedly.267

Among other characteristics, Bhutto was a great arguer and effective

conversationalist. He knew how to deal with various kinds of people at their levels. At

different plat forms, he expressed differently. People wanted to listen to him and see

him. He was considered as one of the best dressed leader of Pakistan at that time. He

perhaps wanted to present pliable picture of Pakistan in the eyes of world. 268

He was a

man of caliber and had great characteristics of leadership. He was courageous enough

to take bold steps as he took political authority from Yehya Khan. He started acting as

Civilian Chief Martial Law Administrator and President of Pakistan at the same

time.269 He used absolute powers in both capacities. He was now, in a position to

implement his policies and approaches on the people of Pakistan.

After assuming the office of Prime Minister, Bhutto tried to leave and break

the old traditional power structure of the state. He believed that there was dire need of

reforms in the country to bring social and economic justice. He talked about the end

of common man’s burden and do away with corruption which was running in the

veins of human body like blood.270

It is observed that, he found himself suitable to act according to the national

interests of the country. He had considered professionals, intellectuals and middleman

as the great aspiration for democracy to thrive in the country.271Farmers, students,

judges, industrialists, workers, landlords and lawyers, all were in the ideas of justice,

freedom, equality and participation in their respective fields as promised by Z A

Bhutto while addressing all of these segments of the society.272

Early in his political life, Bhutto believed in the socialist principles of equality

of mankind and at the same time he followed religion and did combine these two in

the name of Islamic Socialism. As Bhutto’s constitution of 1973 was federal in nature

and he included fiscal decentralization and devolved the possession of economic

267 See in detail Z.A Bhutto Security Council Speech,15, December 1971 268 Arshad Sami Karim,A.K Sharma,ed.,Three Presidents And An Aide,(New Delhi: Pentagon

Press,2008), p.253 269 Roedad Khan,1997,op.cit.,p. 61 270 Anwar H.Syed,1992,op.cit.,p.117 271 Ibid.,p.119 272 Ibid.,p.118

109

resources.273

In Islamic Socialism, the state had great responsibility to divide economic

resources adequately equally so that people will be in better position. On one

occasion, Z.A Bhutto remarked about 1973 Constitution in these words that “it is

people’s documents”274

Bhutto always valued democracy whenever he was building up the nation and

busy in management of public affairs but what he did with his people virtually was

autocratic stance.275

In contrast, another observation has been made about Bhutto that

he was purposeful and would not hesitate to use people for his goals and

interests.276In addition, one could highlight various factors to characterize Bhutto as a

ruler and leader of Pakistan i.e.

� His feudal mentality

� Social status and background

� Personal characteristics such as

� Over ambitious

� Over confident

� Knew to play with words

� Self-interest seeking

� Intolerant in various public related issues277

Due to such factors and characterization, Bhutto was called by the Pakistani

society a most repulsive person who, even did not care about the poor people of

Pakistan. 278He himself admitted that he was obliterated by his own created conflicts.

As he revealed his weaknesses in an interview with an Italian journalist Oriana Fallaci

in following words:“There are many conflicts in me. I am aware of that. I try to

reconcile them, overcome them, but I don’t succeed and I remain this strange mixture

273 Raza Rabbani,Pakistan Federalism,: Unity in Diversity,(Islamabad: Leo Books, N.A),p.12 274 See Speech of Z A Bhutto on the occasion of unanimous approval of the Constitution of 1973,

Dawn, 14th August, 1973. 275 Anwar H.Syed,1992,op.cit.,p.1 276 Birgees Nagy, Pakistan: The Land Of Betrayed,(Lahore; Frontier publications, ND),p.248 277 Ibid.,p 252 278 Ibid.

110

of Asia and Europe. I have a layman’s education and a Muslim’s upbringing. My

mind is Western and my soul Eastern.” 279

It left indelible impact on the nature and

direction of democratic process in the country. In this situation, Bhutto’s intentions

for mass welfare and common good through his Islamic socialism were challenged by

his feudal habits and mind set. He found out that solution of that problem was to grab

more powers in his own hands. In 1976, when Oriana Fallaci interviewed Bhutto, he

presented his thought, which was realistically depicting his political stance and

character a politician, ruler and leader which was: “Any way look, you don’t go into

politics just for the form of it. You go into it to take power in your hands and keep it.

Anyway, who says the opposite is a liar. Politicians are always trying to make you

believe that they are good and morally consistent. Don‘t ever fall in their trap as there

is no such thing, as a good, moral consistent politician. The rest is boy-scout stuff and

I have forgotten the boy-scout virtues ever since I went to school”280.

It is true to say that Bhutto’s personality was a blend of rational politics and

emotional reactiveness and this notion is favored by Max Weber. He argued that

political leader is always accountable for himself and future generation through

‘ethics of responsibility’281 which can be applied on Bhutto to a certain extent. It was

quite apparent that he could not afford havoc and issue such like East Pakistan.

4.2. Z.A Bhutto and the Making of the 1973 Constitution

In democratic process, one of the major components is the constitution. A

country should have its procedure of rules and conduct. In Pakistan, the process of

Constitution making became a method between fundamentalists and reformists282

after the demise of one major wing of Pakistan. To put country on developmental and

democratic road, Bhutto started working on the formulation of such a Constitution

under which Pakistan could secure its national and international prestige. It is stated

that 1973 Constitution was approved by all the parties of the country with consent.

But what he did with Constitution immediately after its implementation was the great

mistake and created upheaval in the political process of the country. He brought such

279 Khalid Bin Saeed, The Nature and Direction of Politics in Pakistan,(New York: Praefer

Publishers,1980),p.103 280 Ibid.,p.104 281 Ibid., 282 Esra Hatipoglu, The Democratic Process in Russia, Journal of International Affairs, Vol

3,No.2,(June-August, 1998)

111

amendments in constitution within very short extent of time which smashed the

essence of the constitution. He did not consult opposition and his fellow colleagues

about the changes in the constitution. It was the decision of one man, Bhutto which

invited lot of criticism.

Even though, Bhutto was tranquil after giving constitution which was

acclaimed to be democratic. He was cherished by all the quarters of the Pakistani

society for his national and nationalistic steps towards great political responsibility in

the name of Constitution. Bhutto, after his entry in national politics as president first

and later Prime Minister started showing his intention to obtain more power and

authority which was reflected in the Constitution in later period of his rule.

According to one observer, Bhutto had done a great deal in creating harmony

among various quarters of the society on new constitution. It was an accommodative

constitution as maximum rights were ensured for the federating units of Pakistan.

Islam was given a proper place in the constitution to satisfy religious leaders of

Pakistan had already been annoyed with Ayub Khan due to his modernization

policy283. Anwar H. Syeed is of the view that to develop democracy its roots in the

hearts and minds of the people of Pakistan, Bhutto felt the ominous need to address

such matters through people’s government which could be cause of great tension in

Pakistani society. Therefore, constitution of 1973 was focusing on three elements

more than any other issue, they were such as;

� To ensure provincial autonomy

� To give Islam a proper place in the rules of the conduct of the state

� Protection of democracy and democratic norms. 284

On these matters, Bhutto proved his capabilities when he got consent of the

opposition on the Constitution. For this, he went for talks with National Awami

Party(NAP) and Jamait Ulmai Islam(JUI)leadership and got the approval of these

parties. One of the opposition members, Wali Khan, on the promulgation of 1973

Constitution, loudly announced that they would show all kind of cooperation for rule

283 See Chapter third of the thesis in which the whole discussion has been arranged regarding Ayub’s

policies and steps towards modernization and changes. 284 Anwar H. Syeed,1992,op.cit.,p.172

112

of law.285

On the day of the imposition of new Constitution, Bhutto claimed that

disintegration of Pakistan could have been avoided if people of two wings cherished

with constitutional and democratic procedures in the country.286

It was a great

achievement by Bhutto to get a constitution through which social and political

development of the people could be assured.

Opposition member Wali Khan had asserted the notion of responsibility of the

political leaders for the good or bad of the country. He was of the opinion that

political leaders were unable to deliver on the demands of the people of the country

rather they shifted their authorities to military and bureaucracy which were also

incapable of doing good for the best interest of the masses of Pakistan. 287 Real

problem lies when leaders talk and give piercing expression in favor of democracy but

it has never been in the mind and practices of leaders themselves. Bhutto was

particular about the Constitutional functions even though, he tried to confine and limit

the working of various institutions within Constitutional boundaries.288It is observed

that, he himself did not give due consideration to the Constitution in the political

working of the state machinery. Lawrence Ziring observed his intention to enhance

the powers of Prime Minister on the very pattern of Ayub’s 1962 Constitution for

Presidential form.289 Moreover, the interests of the ruler were ensured in Constitution

as it was drafted in the principle of Parliamentary form of government.

Constitution of 1973 was not a short document rather long one comprising of

280 articles, 12 parts and 6 schedules. It covered almost all aspects of state,

government and citizens of Pakistan. It dealt with fundamental rights including

directive principles.290

It was of parliamentary nature. It also included president and

cabinet. It clearly determined the nature of federation of Pakistan and federal law

making body which was Parliament. Moreover, it discusses the matter related to

provincial governments and legislatures. Issue of distribution of power between centre

and provinces was given proper attention. Independence of Judiciary was taken under

consideration and more Islamic provisions were made part of the life of the citizen,

285 Dawn,13 August,1973 286 Dawn,14 August,1973 287 Wali Khan, Democracy’s Chances: An opposition Assessment, Dawn,14 August,1973 288 Saeed Shafqat,1997,op.cit., p.168 289 Lawrence Ziring,1997,op.cit., p.395 290 See detail in Hamid Khan, Constitutional and Political History of Pakistan,(Oxford, Oxford

University Press,2005),pp.276-278

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government and state of Pakistan. Bhutto was aware of the sentiments of religious

political parties of the country so he included more Islamic provisions in the

Constitution as compared to previous Constitutions of the country. Here comes the

point that either inclusion of Islamic provisions in Constitution made country

conservative or democratic. Bhutto called Islam as his faith and taken it as philosophy

to deal with every aspect of human life. He incorporated Islamic principles in the

constitution of Pakistan. His approach towards Islam created confusion in his thoughts

and practices at the same time because it led towards Islamic fundamentalism.

Moreover, his policies regarding Islam did not help him to stay in power for long.291

Above all, he could not save Constitution to the level where he could maintain

its sanctity in the eyes of the people at domestic and international level. He brought

amendments in his own made constitution which weakened the process of

democratization in country. First two amendments, according to Bhutto, were very

important to keep country stable and to avoid any further conflict and violence. 292

First amendment was related with the recognition of East Pakistan as Bangladesh as

an independent state. Second was to declare Ahmedis as non Muslims and Kafirs

under Clause 3 of Article 260.293He had done this on the continuous insistence of

religious segment of the society including political parties which in later period, left

indelible impacts on the future democratic process of the country.

It was negatively established with the declaration that Pakistan was meant for

religious segment of the society. Even though, Bhutto tried his best to calm every

sector of the society but at the same time was objected that he should stop his “double

talk”294

. He also wanted to keep matter open for rest of the time because if, once he

declared Ahmedis as non-Muslims, he could be labeled as rigid and conservatives in

his thought which was not acceptable for him. Nonetheless, if he would not listen to

religious leaders and religious political parties, he would be found as a non-believer

and a non-Muslim in the eye of most of the Pakistani people. His policy to keep

matter open was suitable at that time of point.

291 Abdul Sattar Ghazali, Hegemony of the Ruling Elites in Pakistan, (Eagle Enterprises,2000),

http://ghazali.net/book3/toc/toc.html. 292 Hamid Khan,2005, op.cit.,pp.294-295 293 Ibid. 294 Ibid.,p.297

114

4.3. Bhutto and Institution Building

Not surprisingly, Bhutto became more popular among the common men of

Pakistan after his clash with General Ayub Khan on Tashkent Agreement. This was

the time of parting of ways between Ayub Khan and Bhutto. In the beginning of

February, 1967, he started thinking on the line of establishing his own political

platform which could be used for the consolidation of the demands of poor and

downtrodden community of the country. It had another aim to encounter opinions

against Bhutto which were aroused by the members of the government.295 Bhutto

formed Pakistan Peoples Party (PPP) in December, 1967.In its ‘Foundation

Document’ Bhutto presented party’s program and his own thought which was based

on three principles; Islamism, liberalism and socialism. It is viewed by many that he

was staunch believer of socialism and gave preference to be called as socialist not

liberal.296True is that, Bhutto’s thoughts were refined under ‘Islamic Socialism’ and

he seemed to be attached with the conditions of poor people of Pakistan. He did try to

give equality to poor people under the fold of socialism where they could be dignified

being the part of democratic process.

To do the needful, he focused on the principles of his political party in his

speech in 1968. He declared democracy as the only best suited political system for the

people of Pakistan.297Bhutto’s rule under PPP proved to be personality dominated. In

this regard an empirical finding has collected from the Social Scientists of Pakistan

about the causes of failure of institutions in which political parties and political

culture are observed as foremost causes:

295 Anwar H. Syed,1992, op.cit.,pp.59-60 296 Ibid.,p60 297 Zulfiqar Ali Bhutto,1995, op.cit.,p.137,Butto made a speech at party meeting on 27,October,1968 in

Peshawar and said that new party is formed to Serve Pakistan.

115

Table No: 4.2 Causes of Failure of Political Institutions

Institutions Number of Responses Percentage

Political Culture and Political Parties 42 61.8 %

Military 20 29.4%

Economy 6 8.8%

Table 4.2 shows that political culture and political parties are the major

causes of failure of the institutions in Pakistan. Because of its frequency that is

doubled to military indicates the significance of viable political culture and also

highlight the role of political parties which should be more effective. Besides, it

is observed that military also becomes one of the major factors to make

political institutions weak. Economy, as we know that has linked with the

process of democratization and if meager and disgruntled cannot provide

strength to the working of institutions in the country.

Since its creation, Pakistan’s politics has revolved around personalities.

The personalities like Churchill, Roosvelt, Degaulle, Ghandi, Mao, Tito and

Jinnah established that political leadership is the game and an art of

personalities. 298It is assessed that Bhutto, after 1970 elections, became a

popular political leader by declaring his socialist ideas and he used PPP as an

instrument to bring social change in the country. Bhutto’s personality was

charismatic and his party proved that they had ability to mobilize people to

achieve greater objectives, even though; Bhutto always put himself above party

rules and politics.299 Personality’s characteristics and establishment of strong

institutions are correlated but vary from country to country. In developed

countries stability of political system has been associated with strong

298 James E. Philip, The Pakistan Peoples Party: Rise to Power,(Oxford:Oxford University

Press,2003),p.62 299 For a detailed account of the working of the PPP to mobilize people in 1970s elections see Anwar

H. Syed ,The Discourse And Politics of Zulfiqar Ali Bhutto,(London: MacMillan press LTD,1992),Chap,3,It also highlights the ability of PPP and Bhutto to bring about change in major urban and rural areas of the country.

116

institutions that are responsible to make and polish political leadership that is

political party. One observation is made on Pakistan’s political leadership that

they came out of the personality dominated sphere because tribal system,

feudalism and colonial set up which favored preeminence and dominion of a

person as a ruler who is imposed from top.300

Bhutto himself, however, was the product of wealthy Sindhi wadera system301.

He, in the beginning of his political career knew the political way to initiate dialogues

and negotiations with authorities. It could be derived from this fact that he received

advice from his father in his early age which made him aware of the political norms.

He had faced very comfortable environment in this regard as his father was used to

talk and discuss various political issues with him.

It is to be noted throughout the political rule of Bhutto that he was very much

inspired by the political thought and guideline of his father. He remembered his

father’s advices regarding the phenomenon of politics while working in a political

party. 302He tried to chase the following principles of his father’s political life:

� Always maintained balanced personality

� Always have confidence in the people

� Always be above family and contingent prejudices. 303

Keeping the above mentioned principles in his political life, Bhutto launched

his election campaign on the platform of PPP which altogether differed from the

previous approaches and techniques of contacts to the common man, now PPP under

the hold of Bhutto, made an effort to transform the old and traditional strategies of

contacting people into a new one. And the way, PPP presented itself in elections of

1970 was due to the role played by its leadership; Bhutto.

300 Ibid.,p.63 301 It is the landed class in Sindh. The ones with huge tracts of land where people are solely dependent

on the person who owns the land. The Zamidar uses this to his advantage to keep the people in slavery, bondage labor, without an education or any other forum or livelihood, other than that is dependent on the Land owner.

302 Ibid.,p.65 303 Ibid.,p67

117

At that time, changes were taking place in urban and rural areas of Pakistan

which shaped the country policy and people were more inclined towards active

participation. Social mobilization was started with the new modes of PPP working for

the poor of Pakistan.304

Bhutto’s leadership was derived from the notion of elitism

because he presented his personality in such a way through which he could gain

public support. 305He was able enough to manipulate opinion of people in his favor so

that he could make his stay long in power in the capacity of prime minister.

But what happened after that Bhutto started concentrating on personal

supremacy instead of making party strong and sustain.306In fact, PPP could not remain

strong organized political body. It had various groups inside, working for different

interests due to variation in class structure. Bhutto started using PPP as an instrument

for the patronage of the supporters and his allies.307

Unfortunately, Bhutto did not focus upon party building and its consolidation,

rather gave preference to state building.308Bhutto did try to influence the state

institutions to control opposition in four provinces of Pakistan. It is viewed that

Bhutto did not go through proper channels to curb his opponents in various provinces

rather relied on ancestral connection to do that. Due to this political culture what

Bhutto developed by his policies and actions completely lacked in democratic

principles. He was intolerant toward every kind of dissent either on the platform of

the PPP or elsewhere.309

Surprisingly, Bhutto’s position as populist, socialist democratic leader turned

into authoritarian and dictatorial personality. Many of the observers called Bhutto’s

policy of nationalization as a denial of the principle of free democratic exercise of

citizens of Pakistan. It becomes responsibility of a leader to cultivate feelings and

orientate people towards longer national interests and for this purpose political parties

304 Khalid Bin Sayeed,1980,op.cit.,p.84 305 Ibid.,p.84 306 Anwar H. Syed,1992, op.cit.,p.205 307 Veena Kukreja,Contemporary Pakistan ;Political Processes Conflicts and Crises,(New Delhi:

SAGE Publications,2003),p.40 308 Ibid.,p.41,Bhutto made various reforms in the whole socio-political and economic structures of

Pakistan to build strong state with his personal rule irrespective of what political party’s requirements and people’s demands..For a detailed account of the reforms see Anwar H. Syed Anwar H.Syed, The Discourse And Politics of Zulfiqar Ali Bhutto,(London: Macmillan press LTD,1992),Chapt 5.

309 Veena Kukreja,2003, op.cit.,p 41

118

are used as helping agents. But Bhutto bypassed PPP to use it as an important agent

for bringing development in the country. Even though Bhutto did a lot but failed to

tutor them for consciousness and vigilance and caution.

To envisage the establishment of democratic regime there is always need to

explore the compatibility between existing political culture and democratic set up of

the country.310

Mohammad Siddique Qureshi has discussed many features of

Pakistan’s political culture as the structural-functional weakness of political parties,

clashes of leaders with each other, authoritarianism, intolerance, lucrative motions,

horse trading, and irrelevance of citizens in political decisions, hold of landed

aristocracy, political bribery, corruption, ineffectual opposition and disenchanted

people.311Despite having such characteristics of political culture of Pakistan, every

leader made promise to the people of Pakistan for ensuring democratic norms and

shown their commitment to democratic rule in the country. Of course Bhutto was not

left behind of this promise but nothing was changed.

It is analyzed that in the beginning of his rule time Bhutto was a different man

but after winning the elections of 1970, he changed and on the same road which was

already used by his predecessors. Again, now, it was a centralized rule and he wanted

to show his authority by any way. As Khalid Bin Saeed wrote that Pakistan became

Bonapartist state after 1958 martial law but became stronger and centralized during

Bhutto’s time of rule. 312In addition, because of Bhutto’s peculiar attitude and policies

he was branded by his opponents as ‘fascist’. He was labeled as ‘fascist dictator’ due

to his centralized character and use of authority and less tilt towards compromise and

accommodation.313

It was evident when he ignored the call of Yehya Khan on 3rd

March 1971 for the making of National Assembly.314

He was practicing with

centralized behavior and policies due to which he tried his utmost to snub and curb

every kind of opposition, either it was free media in the form of print media or

electronic or what so ever it was. 315 It is stated by Outlook Editor I.H Burney, known

310 Esra Hatipoglu,The Democratization Process in Russia ,Journal of International Affairs, Vol.3, No.

2,(June-August,1998) 311 Mohammad Siddique Qureshi, Political Culture in Pakistan,(Islamabad, Dost

Publications,2002),pp.4-5 312 Khalid Bin Saeed,1980, op.cit.,p.84 313 See detail of Bhutto’s policies and behavioral pattern which portrayed him as dictator in Lawrence

Ziring, Pakistan in the 20th Century, Karachi :Oxford University Press,1997. p.380 314 Ibid. 315 Ibid.,p.381

119

for his free expression and outspoken style, that “Pakistan seems fated to coexist with

authoritarianism” 316

which was imposed by Bhutto. He remained very critical towards

Bhutto for his centralized rule. It was ironically observed by I, H Burney when he

noted the condition of democracy in Pakistan in following words:“In a society where

corruption prevails at every level and there is little legitimate redress of grievance, the

PPP’s gradual transformation from an Awami party to a party of peoples’ guards is

not condonable by any standard”. 317It was noted that Bhutto’s democracy was not

without violence and free society; this notion was supported by Anwar H.Syed in his

book that Bhutto himself admits that in certain situations and conditions it would have

been necessary to use force and terror as he established Federal Security Force which

was having excessive powers against any uprising.318

4.4. Relationship between Center and Provinces

It is generally believed that leaders are those who confront with challenges and

able enough to cope with diverse issues. Pakistan consists of small and big

nationalities that were creating challenges to central government of Pakistan. As it is

stated that democracy’s center of gravity is equality and competition.

Some observers are of the opinion that Bhutto‘s program was to establish his

paramouncy after promulgation of 1973 constitution. In constitution, center was more

powerful than provinces and Bhutto wanted to keep a strong hold over the center due

to disintegration of Pakistan in 1971. As a result of these elections, initially, he gave

positive gestures to the provinces where his party lost elections i-e NWFP and

Baluchistan. In NWFP, PPP got only three seats and not a single one in Baluchistan.

Bhutto did not reconcile with his defeat in these two important provinces of Pakistan

and maneuvered against their governments with the charges of anti Pakistani stance

with the collaboration of India and Afghanistan.319Therefore, he dismissed the

Governor of Baluchistan, Ghaus Bakhash Bizenjo and Nawab Akbar Bugti became

Governor of the province. In reaction to this, Mengal, Chief Minister of the province

316 Ibid. 317 Ibid.,p.382 318 Veena Kukreja,2003,op.cit.,p.38,Furthermore,it is analyzed that it was established to maintain law

and order situation while working with police and administration, It was known as Civil Task Force in 1972.

319 Ibid.,p.38

120

held a press conference and said that “the future of democracy in the country is in

danger”.320

Bhutto did not consider this warning and took it as “storm in tea cup”.

Furthermore, an analysis has been made that Bhutto not only exploited the

provisions of Provincial Autonomy which were related to empowering provinces to

run their affairs in respective areas rather he amended the Constitution for obtaining

more powers in his hands. He did not consider the essence of federal democracy to

share the powers between and among various units of the state on equal basis.

Bhutto’s refusal to accept the principle of provincial autonomy which was made part

of the constitution of 1973 by him was showing his autocratic style of rule.321He

turned to be an authoritarian ruler from popular leader as he emerged after 1971 East

Pakistan crises.

Besides, in this scenario, Bhutto failed to cope with the situation that was

hitting the fate of Baluchi people. He did nothing to put an end to the civil war in

Baluchistan. It was generally believed that Bhutto remained indifferent to what was

happening in that large and strategically important province of the

country.322Gradually, ethnic tensions got increased in Baluchistan due to the role

played by the political leader as he claimed himself that he was the man of people of

Pakistan.323

4.5. Bhutto and Opposition

Bhutto realized that no democratic constitutional arrangement could be

successful without the cooperation of opposition. He referred the role of opposition

after giving constitution, in such words that “opposition will hold huge responsibility

to rebuild Pakistan’s image while working in parliamentary democracy”324.He also

stressed that opposition’s work for the bringing changes in political setup would be

appreciated but not the efforts to topple down the government. Bhutto remained very

responsive to demands of the opposition and he knew how to control his opponents in

every political movement. For this purpose, even, he incorporated those demands of

320 Stanley Walpert,2007,op.cit.,p.211 321 Ibid.,p.39 322 Stanley Walpert, 2007, op.cit.,p.230 323 Ibid 324 Dawn,15 August,1973

121

the opposition in the Constitution which he had discarded five or six months back.325

Before that, Bhutto on 16th January 1972 stated that only those political parties who

would get majority in the elections would form the government under parliamentary

democracy.

Khan Wali Khan showed his resistance against Bhutto even before making of

Constitution when he argued that “Bhutto and Pakistan cannot coexist”326

and

Pakistan’s new Constitution will be no more democratic, federal and Islamic. He also

stated that NAP will act as an opposition in National Assembly.327He remained very

critical to Bhutto’s policies and style of rule. He was of the opinion that Bhutto knows

very well that how to have tight grip over chair instead of doing for the best interest of

the nation.328

Bhutto responded to opposition with his support and attachments from the

people of Pakistan although, after the imposition of new Constitution he had to face

many internal tragedies which also restricted the process of democratic set up in the

country. Some of the observers are of the view that he himself lacked in the qualities

of tolerance, patience and accommodation while treating opposition. He started

victimizing opposition and ignored basic principles of democracy while working at

central level. In addition to all this, Bhutto amended the constitution once again to cut

down the activities of the opposition. At that time of point, one can easily derive that

how Bhutto claimed all the time for democratization in the country when he himself

was not bearing with opposite ideas.329In connection with this issue of curtailment of

opposition by any way, he made another amendment through which he could clutch

the rights and powers of courts to sanction, release to political contenders.330

Unfortunately, this amendment was passed in the absence of opposition members in

National Assembly which was an undemocratic precedent set by a political leader of

the country. 331

At that point in time, poverty, feudal inequalities, provincial problems and

tribal conflicts and social imbalances were the issues and impediments in the working

325 Stanley Wolpert,2007,op.cit.,p.212 326 Ibid,p.214 327 Dawn,1 April,1973 328 Satish Kumar, The New Pakistan,(New Delhi: Vikas publishing House PVT LTD,1978), p.95 329 Hamid Khan,2007, op.cit.,p. 298 330 Ibid.,p.299 331 Ibid.,p.300

122

of democracy.332

He himself and his fellow colleagues were putting their efforts to

resolve these issues. Bhutto, not only tried to resolve these issues rather he took

initiative to establish first steel mills in Pakistan. Pakistan Steel Mill is a largest

industrial mega corporation complex built with the contribution of Soviet Union. It

was a great opportunity for the people especially poor and labor class of Pakistan to

get an employment. Bhutto was remembered as “man of crises”. During his stay in

power he confronted on various fronts such as language issue in Sindh, Anti Ahmadi

riots in Punjab and Baluchistan issue. The steps, which he had taken to resolve these

issues, were not efficiently implemented which, further aggravated the crises

situation.333

He visited Baluchistan and Baluchi people got confidence from Bhutto’s visit.

Bhutto also talked about the inclusion of reforms in his agenda which later on,

became ineffective due to personal interests of Z.A Bhutto.334 It is also very hard to

note that when East Pakistan issue happened, Bhutto addressed the people of Sindh

that no disruptionist strategy would be seen by the Sindhi people. He strictly

announced that there will be only one national language of Pakistan.

However, Pakistan is the country of marked difference of every kind. People

of Pakistan wandered and circled around two extremes. One was expectation and

other was frustration and rejection even high disappointment. And after placing

Bhutto as President first and then Prime Minister of Pakistan, he remained aside to be

with people at their level. Actually Bhutto wanted to have his control over authority

with full zeal. He was not bearing opposition and competition rather believed on

concentration of authority. He, himself took responsibility to provide with Pakistan an

efficient, effective and enlightened leadership.335

In his own tone, he was sharing his

332 Stanley Wolpert,2007,op.cit.,p. 223 333 See detail in Anwar H. Syeed, The Discourse and Politics of Zulfiqar Ali Bhutto,(Houndmills:

Macmillan Press,1992),pp.189-190,On the other hand Birjees Nagy, Birjees Nagy straight forwardly condemn the pronouncement of Bhutto being popular leader who failed to get solutions of their problems, see Birjees Nagy Pakistan: The Land of the Betrayed,(Lahore: Frontier Publication, n.d) ,pp.211-225.On the other hand Anwar H. Syeed quoted him as popular leader but inefficient ruler.

334 It is analyzed by Satish Kumar in his book “The New Pakistan” that Prime Minister Bhutto tried to meet the challenges with a purely administrative response, in a ‘law and order’ framework which made him autocratic.

335 Lawrence Ziring,1997,op.cit.,p380

123

willingness to talk with political parties with whom he had little conflict and no

respect, which, resulted in centralized rule.336

Infact, he always talked about democracy irrespective of that he practiced it or

not. He related Islam with democracy and democratic set up. Although, most of the

literature available on Islam and democratization denied any compatibility between

these two even then lot of work has been done to search the relationship between

Islam and democracy. There has been sufficient scholarly discussion and analysis has

been made on social and economic conditions, which are considered as pre requisites

for the sustainability of democratization337which are the basic tenants of Islam as

well.

Whereas, religion i.e. Islam could not be ignored by any way because it

developed great sense of nationalism among people of Pakistan. Muslims thinking

and sentiments are best expressed by Islam. Most of the Muslim world scholars

tended to open debate on democratization process and Islam due to its rise in 1970s

and 1980s. For example, in Pakistan Islam and secular forces/parties got together

under patronage of MRD (Movement for Restoration of Democracy). It was a blend

of modern, secular and religiously traditional parties who contested elections jointly,

which to certain extent was rejection of western thought regarding incompatibility of

democracy and Islam.338

At that time, Z.A Bhutto did the same when in Rawalpindi ‘Liaqat garden’, he

addressed the nation and said that:“Our second principle is democracy. In a

democracy the people rule. We insist on democracy, for it is provided in Islam and

socio-economic equality and musawat has been given the highest priority…..We shall

therefore bring about musawat; no power on earth can stop us”.339

Although Bhutto appeared to be an attractive personality for the people of

Pakistan but at that time some other issues arose followed by the elections of 1970

for example rigging in elections. In 1970 elections, Bhutto showed his potential only

336 Ibid., p.380 337 See detail in democratization and Islam by John l. Esposito and James P. Piscatori The Middle East

Journal,Vol.45,No.3(Summer,1991),p. 427 338 Ibid.,428 Further detail can be seen in Saeed Shafqat, Civil Military Relations in Pakistan,

Colorado: West view press,1997.Also in Lawrence Ziring, Pakistan in 20th Century, (Karachi :Oxford university Press,1997)

339 Stanley Wolpert,2007,op.cit.,p .137

124

in two provinces of Pakistan i.e. Punjab and Sindh. But not in all parts of the

country.He discovered some realities such as; Identity issue, legitimacy issue and

participation issue.340

He tried to overcome these hard realities by covering them under

the umbrella of reforms. These reforms were of various kinds and at different levels.

4.6. Bhutto: Democracy and Social Equality

Bhutto’s diverse nature of behavior; dimensions of his working, contacting

and handling with opposition impeded the process of democratization in the country

where self-motivated civil society could not thrive. Subsequently, the participation of

masses became lower which further slowered the political process in the country. One

of the observers said that Bhutto’s democracy was in fluctuating point because on one

hand he talked about liberal modern democracy and on the other hand Socialism.

Being a believer of democratic set up he showed variations and contradictions in his

thinking and practices as he set himself apart from the general masses of the

country341

. Justify this reference as it has already been mentioned that unity and

conformity of Pakistan could be ensured only if political rights were protected. He

wanted to put an end to the abuse of people by any means; he raised his slogan and

claimed that

“Islam is our faith”

“Democracy is our polity”

“Socialism is our economy”

“All powers to the people”342

To come up with the expectations of the masses he voiced for Socialism. He

said that, he handed over all powers to the people and now exploitation would be

ended with the introduction of Islamic Socialism. And this was the only way to follow

Islamic principles to avoid tensions and problems created due to mistreatment of

people and which are making country weaker.

340 See detail in Saeed Shafqat, 1997, op.cit,p.81,As these three issues falls in personal, ideological and

regional categories. 341 Lawrence Ziring,1997,op.cit.,p.379 342 Zulfiqar Ali Bhutto,ed.,1995, op.cit.,p.97

125

In the process of democratization people should be economically empowered.

Democracy can only be having its place when countries are economically thriving and

their growth could be seen in the form of peoples’ progress and involvement in

political process which lead towards stable political system such as democracy.

Relationship between Economy and Democracy

Figure: 4:2 Relationship between Economy and Democracy

Source: Prepared by the researcher

Above mentioned figure indicates the strong relationship between economy

and democracy. There are various theories regarding the relationship between

democracy and economic growth which were derived from the notion and work of

Seymour Martin Lipset on socio-economic rudiments for democracy. According to

his work, economic development lead towards social mobilization which ultimately

changes the regime from authoritarian to democratic.343 It was also confirmed by

Barro, a professor of Harvard University in these words that “improvement in the

standard of living predicts increase in democracy, as measured by a subjective

343 Many writers and scholars developed the relationship between democracy and economy in which

these two are pre-requisites of each other, Lipset thesis on such relationship to bring change and modernization considered as base of many political ideas. Further detail ca seen in, Julian Wucherpfennig, Modernization and Democracy: Theories and Evidence Revisited http://democracy.livingreviews.org/index.php/lrd/article/viewArticle/lrd-2009-4/13

126

indicator of electoral rights.”344

Per Capita income, natural resources, urbanization and

primary education are other features of the study of determinants of democracy. As

economic survey 1970-171 shows that per capita income was low and 3.7% at that

time and social sector was not given priority in the initial years of Bhutto’s rule.

Bhutto tried to evolve a political set up in which such characteristics could be

incorporated.

4.7.Bhutto, Transformation and Social Change

Bhutto realized that democracy could be maintained and sustained with social,

political and economic development as they are the essentials of democracy. He had

his own stance while he started reforming society. He brought various changes in

almost every field of human activity. Bhutto took such reforms as a “national

necessity”.345

The notion of change and progress is mandatory for a country to become

democratic as said by Lipset.346

Bhutto tried to change Pakistani society by following

the parameters of conventional politics in existing system.347

Bhutto wanted to bring

changes but with autocratic mind set. He had his own role models to run the country.

Prince Clement Metternich, Charles Talleyrand, Otto Bismarck and Napoleon

Bonaparte were his source of stimulation in Politics of Pakistan being

‘realist.’348Bhutto himself was a big centralist who wanted to keep control over the

minds of the people as well as strings of powers.349

4.8.Policy of Nationalization

It is generally believed that developed economy has great linkage with

democracy. Sustainable economy gives people satisfaction and they become

mobilized towards their political system. Economic inequality make system’s working

slower and created feelings of deprivations among people, which, sometimes lead to

344 Barro J. Robert, Determinants of Democracy, The Journal of Political

Economy,Vol.107,No.(Dec,1999) 345 Iftikhar H. Malik, State and Civil Society in Pakistan,(UK: Macmillan Press LTD,1997), p.92 346 Julia Wucherpfennig, Modernization and Theory: theories and evidence revisited,

http://democracy.livingreviews.org/index.php/lrd/article/viewArticle/lrd-2009-4/13

347 Brian Martin, Paths to Social Change; Conventional Politics, Violence and Non violence,(Oxford: Eolss Publishers,2006)

348 Anwar H. Syed,1992,op.cit.,p.12 349 Ibid,.p.12

127

an aggressive behavior to the political system rather become true participant.350

Bhutto had realization to give importance to economy for effective democratic set up

for the country.

Keeping in mind the need and importance of vibrant economy for stable

democracy, he brought various reforms and changes in every segment of the society

from December 1971 to May1972. These reforms included; labour reforms, land

reforms law reforms, procedural reforms, police reforms and nationalization of

industries.

Many of the changes and reforms had political implications. When he took

measures to transform the society of Pakistan, actually he was strengthening his place

into various organs of political and economic body.351Due to such arrangements and

his direct involvement which was increasing day by day, his supporters and followers

got benefits by his policies. The reason behind adoption of the policy of

nationalization of industries was Ayub’s 22 families who concentrated the national

economic resources in their hands. Bhutto was the staunch believer of people’s role

and peoples’ welfare at any cost. That is why he wanted to see the spread of wealth in

many instead of a few and some ruling magnates. To implement this policy he

declared many industries to be managed by the public so that maximum turnover

would be reached to the mass of the country.

The subsequent policy introduced by Bhutto, aimed at empowering poor

people of Pakistan and on 2nd January, 1972 he declared many industries under public

management and control.352It was, of course, a great step and development to give

350 Bruce Russett, Harvy Starr, World Politics: Manu for Choice,(New York: WH Freeman and

Company,1996),p.356 351 Anwar H.Syed,1992,op.cit.,p.119 352Ibid. Anwar H Syed discussed in detail the nationalization policy of Bhutto and provides au data

about nationalized industries which are as follows: � Iron and Steel � Basic Metal � Heavy Engineering � Heavy Electrical Industry � Assembly and manufacture of motor vehicles � Assembly and manufacture of Tractors � Heavy and Basic Chemical � Petro chemical Industry � Cement � Public Utilities � Gas and Oil Refineries

128

boom to economy as well as was aimed at public good and welfare. These reforms

were limited to some industries of public and social benefits. Remaining industries

were taken under government because Bhutto planned to amalgamate private and

public sector industries so that more economic output could be achieved.353

He also

wanted to maintain the prestige of workers in public sector industries. In the

beginning, it seemed very impressive policy in the interest of public but later on due

to some uncertain developments, the growth and production decreased. The following

factors were considered as major causes of decrease of sale generated by public

industry:

� Bureaucratization

� Managers were not trained enough

� Over employment

It appeared that there was lack of planning and management to imply these

reforms. During change and transformation, many uncontrolled events and situations

evolved. Unfortunately, when Bhutto came up with these reforms and changes he

could not have control over those consequences that left great impacts on the people

of Pakistan.

4.9.Land Reforms : Another Dimension

Bhutto presented logic and rationale to bring land reforms in Pakistan. He

took plea under unjust distribution of land and pest of feudalism.354

Apparently; it

looks very attractive that he wanted to provide dignity and respect to the masses of

Pakistan who were destitute from their wants for centuries. He was very much assured

about the changes that his transformation in agriculture sector would bring in the lives

of the poor people of agrarian part of the country. He believed that his reforms would

bring social and economic justice in the Pakistani society which is the basic tenants of

democracy in the world. Also through socio-economic justice, the evil of feudalism

could be rooted out which has remained a great impediment in the way of

democratization.355Bhutto’s land reforms were taken as erosion of feudal structure but

353 It is analyzed by Anwar H. Syed in detail in his sighted work on, Bhutto,1992,op.cit.,p.120 354 Ibid., p.126 355 Ibid.,p.127

129

it was merely an illusion because he put all his energies in telling people the

difference between good and bad feudal.

At the same time, crises occurred in NWFP between landowners and peasants

on the issue of land distribution. It was not merely an issue of distribution of land

rather a promise of a leader which had to be fulfilled. It goes back to the day when,

PPP, during election campaign, announced its program in which it raised its motto

like “land for the peasant” and “mills for the laborers.” 356

It was not implemented

through certain policy process therefore clashes and confrontations got heightened

which disrupted the whole political edifice of the province. It was analyzed that what

Bhutto promised was not fulfilled which caused disastrous situation. Why did he not

go for that policy, possibly, he had his interests in Sindh and Punjab which restricted

him to fulfill his promise.357 Other wise, he could not continue with such attitude for

long. M.G Weinbaum wrote in his article that although Bhutto gave agricultural

income tax system and also promised to give cultivable land to poor farmers out of

waste governmental cultivable land but unfortunately just 1% land was given to very

small number of peasants which was not healthy outcome of that policy.358

Bhutto not only introduced land reforms but also worked for administrative

sector of the country. The changes he brought in civil services of Pakistan were of

international standard based on merit and specialization. He tried to staffing the

vacant seats and positions according to their abilities so that they could contend the

challenges of modern time.359

4.10.Transformation of Administration: A New Dimension

Bhutto focused on party organization and functioning through which public

opinion could be formed and mobilization of people be ensured. In case of PPP there

was friction between its organizers and leader as Bhutto’s360 aim to lead party was

contradicting the goals of the runners of the party. In fact he wanted to be more

dominant on political scene of the country and to see others immobilized. It is,

356 Satish Kumar,1978,op.cit.,p.143 357 Ibid.,p.144 358 The number of farmers who got piece of land from government they were

1,30,000,in,.M.G.Weinbaun,The March 1977 Elections in Pakistan: Where everyone Lost, Asian Survey, Vol xxII,No.7(July 1977),p.604

359 Ibid.,p.127 360 Lawrence Ziring,1997,op.cit.,p.397

130

therefore, professed that he used every means to keep himself in power and to possess

power, he knew to play and use words but less in finishing tasks.361

In a democratic set up, policies are executed and implemented by the

bureaucrats and civil officers. Policies are made by the legislators and enforced by the

bureaucrats on the whim of the politicians. Bureaucracies worked as correspondent at

various stages of political development due to uncertainty on the policies which are

formulated by a leader. The academic researchers reached on one inference, after long

discussions and work on developing countries that, bureaucracy is an agent of change

and tool of progress.362Bhutto rightly used bureaucracy as an instrument to transform

Pakistani society from traditional to modern polity. It seems more accurate to analyze

that Bhutto brought social change through conventional politics which includes the

use of all authority allotted to a government and its various components i-e

bureaucracy.363

Countries like Pakistan, where the structure of bureaucracy has been

established and constructed on the very foundation of British colonial set up, did not

prove to be more affective in the perspective of people’s welfare after independence.

In Pakistan, bureaucracy did not only implement the laws but made laws. Real shots

were called by bureaucracy instead of politicians.364 Politician’s attitudes, working,

orientation and hesitation in taking steps toward mobilization of people let

bureaucracy to hold political authority over political men.

Although, Pakistan lags behind such democratic norms and values which are

the part of modern democratic countries but during Bhutto‘s rule, one very significant

development took place that was to carry innovative changes in administrative sector

of Pakistan. It was harsh reality that, since its inception, Pakistan was been used by

this institution but Bhutto changed the scenario. He adapted certain rules related to

civil services, their working and their removal. These reforms were for increasing the

efficiency of civil servants to employ the government’s plans.

361 Birjees Nagy,op.cit.,p.244 362 Saeed Shafqat, Pakistani Bureaucracy: Crises of Governance and Prospects of Reforms, The

Pakistan Development Review, Part II(Winter 1999),p.995 363 Brian Martin, 2006, op.cit. 364 Abdul Sattar Ghazali, 2000, op.cit.

131

Another step which, Bhutto had taken to transform the society into democratic

look was the use of ideology.365

Ideology is a phenomenon of combination of ideas

and beliefs which people and groups use to describe their actions and policies in

compact form. Political leaders try to use and apply ideology in most of the countries

of the world. It also works as a tool to bring change in a society. Societies are

reformed and transformed with the infusion of ideology presented by their leaders.

Ideological differences and regional issues led towards mistrust between national

government and provincial government of Pakistan. Feudal mentality and mind set of

ruling elites of centre and provinces also played destructive role in consolidating

democratic institutions.366

Bhutto himself, as quoted by Stanley Wolpert in his work that, great lover of

Quaid-e- Azam for his principles and dialogical fever what he achieved in the name of

Pakistan at last.367 He always intended to put Pakistan in the lines of Quid’s principles

of justice and equality. At the same time he was a staunch believer of Islam as a

complete philosophy of life. Now he wanted to use it with modern techniques and

lines. Bhutto’s orientation towards Islamic connotation is referred in his speeches and

talks again and again. In one of his speeches he openly said that “Quaid-e-Azam

endorsed Islamic Socialism. He always supported it before and after the making of

Pakistan. Our opponents cannot deny that. That is why they opposed the Quaid-e-

Azam because he wanted Islamic Socialism, because there was to be equality in

Pakistan and these people did not want equality”368

He was of the view that we should

put our energies to maintain equality because it is a must requirement of democratic

set up and the philosophy of equality cannot be unsuccessful.369

He added more and

stressed that Islam is our belief and it is a basis of the making of Pakistan as an

independent Islamic state. According to Bhutto, there was no point of contradiction

between Islam and Socialism370.In the light of above relationship between leadership

and democratization following policy impacts are inferred:

365 Saeed Shafqat,1997 op.cit.,p.86 366 Ibid.,p.106 367 Stanley Walport in his work on Zulfi; Bhutto, mentioned his qualities as popular leader and also

shed light on the character, qualities and working pattern of Bhutto as political leader of Pakistan. 368 See Bhutto’s speech at Jinnah Park, Peshawar on 18 January ,1970 in Zulfiqar Ali Bhutto,

Marching Towards Democracy, (Lahore: Nafees Printers),p.21 369 See Bhutto’s speech while addressing to PPP Women Workers, Lahore on January 29,1968 in

Zulfiqar Ali Bhutto Shaheed, Awakening the People,(Lahore: Nafees Printers),p.53 370 Ibid.,p.53

132

Table No 4.3: Bhutto’s Policy Approaches and their Impacts

Policy Approach Pattern and Impact

Being Popular Popular among people of downtrodden class

of the society.

Islamic Socialism Poor class became more active in the political

system and started feeling equal among

others.

Reforms(Socio- political, Economic and

administrative)

They were more with theoretical less with

practical applications.

Constitution of 1973 Amended the constitution change the

structure of the country, inclusion of more

Islamic provisions which strengthened the

religious factions in the country.

Nationalization of Industries People lost their faith on government and

were not interested in investment any more.

Dismissal of Provincial Governments

Distrust was created between centre and

provinces which further aggravated the

relationship between centre and provinces.

Control over Political Party(PPP) Pakistan Peoples Party was not

democratizing internally.Intra party elections

were not conducted ever for various positions

of the party.

Treatment with Opposition Created a sense of autocratic rule in country.

Source: Prepared by the researcher

Despite having the fact that he was a not only the believer of Islam but took it

as the foundation of his party’s agenda. But fundamentalists were talking and

133

responding him in other way round when he was alleged to destroy the Islamic

fundamentals and causing disintegration of East Pakistan. Bhutto was sensible enough

and reformer in true sense when he tried to accommodate opposite point of view and

faced challenges created by various segments of Islamists parties and groups by

incorporating more Islamic provisions and principles in the constitution of

1973.371But at the same time he became too harsh while banning their publications

and papers. Bhutto handled all kinds of conflicts, either regional, political, ideological

by his personal rule. At the same time he became reformist with bringing changes in

socio-politico and economic spheres of the Pakistani society.

Meanwhile, in 1977 he announced elections in the country. Major sections of

the society remained aside due to policies of Bhutto throughout his regime. PNA was

formed as opposition alliance comprising nine political parties372 which was

frightened to see Bhutto again in power if elections were going to be held. PNA

launched its campaign at larger extent to counter Bhutto. Bhutto was still popular

among people of Pakistan and considered as the only suitable candidate to run the

affairs of the country in the eyes of the people. But it was the time when his party was

not so active to mobilize people because party building was not preferred by Bhutto

during his stay in government and PNA took advantage from this weakness of PPP

Elections were held in March, 1977 but massively rigged as reported. Zia ul Haq

government, later on, published a White paper in which it is documented that Bhutto

made elections rigged.373

Here comes the fact that democracy is not only to conduct

elections only rather form an accountable and responsible government through

elections which can cater the needs of their people.374

This principle was just ignored

by the elected representatives.

After elections, PNA started its protest against election results and Bhutto’s

victory. Situation became more aggravated and Bhutto imposed partial martial law on

country on April, 21st 1977 to control the activities of the opposition. Initially military

was called by a civilian government to help it but later opposition goaded military to

oust Bhutto from the government and military did it on July,5th 1977.Military

371 Saeed Shafqat,1997, op.cit., p.90 372. PNA was an Alliance formed by nine political parties against Bhutto’s rule and for having the

purpose to ousted Bhutto, PNA includes: ANP, TI, CPP, PML, JI, BRP, BNP, JSQM and SNF. 373. Anwar H.Syed,1992,op.cit.,p.226 374. http://alaiwah.wordpress.com/2012/06/09/pakistan-is-controlled-and-ruled-by-the-elites,Retrieved

on 26-2-13/

134

intervened in civilian government which was unconstitutional but more disappointing

fact was to be highlighted that it was called and backed by the civilians themselves,

PNA an opposition alliance. PNA’s short and hasty dispute with Bhutto came to end

with the toppling down of Bhutto’s government. Bhutto alleged PNA and army’s join

hands to remove him from his office of Prime Minister and wrote that “since February

1977, the PNA and the Chief Martial Law Administrator had been in league with each

other. The agitation was a common affair. Jawans [Soldiers] dressed in civilian

clothes or muftis were sent to demonstration to swell the crowd and incite public

provocation”.375 These charges were refused by the army ruler in White Papers which

were published during that time period. Once again, the disruption in democratic

process was featured with non civilians; military which established its rule for more

eleven years.

4.11. Conclusion:

In summing up, Bhutto’s leadership left great imprints on Pakistan’s society.

Unfortunately, Bhutto’s remarkable achievements being Prime Minister of the country

after 1972 could not save him from his decay. Although, he remained a popular ruler

and leader but could not give a strong footings to his party and on the other hand

institutionalization remained very weak due to which he was not in a position to

counter opposition and military.

Bhutto’s instead of relying upon mass mobilization and support, he tended to

consolidate his powers through autocratic style and patterns. Bhutto’s precluded the

institution of democracy invites military in power.

375 Zulfiqar Ali Bhutto, If, I am Assassinated, (New Delhi: Vikas Publishing,1979),p.145

135

CHAPTER NO. 5

ISLAMIC DEMOCRACY OF ZIA-UL-HAQ

136

INTRODUCTION

The political system of Pakistan exposed by the foregoing study as since

inception, Pakistan has been shaped and reshaped by three of the major components

of state; political leaders, bureaucracy and army. Conglomeration of these three gave

Pakistan a unique political setup, which led towards the development of a

collaborative relationship among three of them. After Z.A. Bhutto, the strings of

political power were shifted to Zia-ul-Haq on July, 5th 1977, who was the then

Commander in Chief of Pakistan’s armed forces. It seems strange that a military man,

who came into power through unconstitutional ways, was talking about democracy

and holding of elections in the country. A man who himself violated the very

principle of democracy was making promises to restore democracy and democratic

process. Zia was the fourth Chief Martial Law Administrator and Sixth President of

Pakistan. From 1978-1988, he remained President of Pakistan

This chapter is related with the indicative approach to seek out the role of Zia -

ul-Haq in establishing state institutions on democratic lines in harmony with his

personal qualities, political attitudes and policies during his 11 years long rule. It is an

attempt to create a relationship between leadership and democratization. When

General Zia-ul-Haq intervened in politics, he used Islamic tool to justify his rule

through the framework of Islamization. There was another very important

phenomenon which started working in Pakistan’s politics; that was Islamism.

Although, before Zia’s entry into politics, Pakistan’s political system experienced

with Islamist forces and their placement in political set up. But after Zia’s arrival in

politics, Islamist groups and forces got stronger and developed varying kind of

relationship with state and government. Since its inception, three following issues

have been central to Pakistan’s polity:

� Democratization

� Civil Military Relationship

� Effective Leadership376

376 Lawrence Ziring, Pakistan: At the Cross Current of History, (Lahore: Vanguard Book Pvt Ltd.

2004),p.60

137

Zia-ul-Haq strived to find out his legitimacy under the framework of Islamism.

Religion was used as a tool to make his position justifiable and legitimate in the eyes

of common people of Pakistan. The complexity between religion Islam and

democratic process was not handled appropriately by Zia. It was also observed that

during Zia period, Islam was used as one of the tools to bring democratization in

country. He wanted to develop his relation as political leader with the state

authority377.The details of methodology applied by General Zia-ul-Haq when he used

religion to enhance his rule is discussed in this chapter. It is true to say that leaders are

the product of situation and Zia ul Haq appeared on national political scene due to the

situations created by the previous democratic set up of the country.

Such developments and events put him into political office without

background question and process.378 He took advantage from the situation and ruled

Pakistan for eleven years. When Zia-ul-Haq entered into politics and possessed

political office by force, he announced to hold elections in the country within 90 days.

He tried his best to justify his actions in the eyes of the people in the name of “Let the

People Decide”379in which he stated that “God has been kind and I bow may head in

gratitude to Him for helping us in restoring peace and tranquility in the land and

saving the country from disintegration and destruction. The credit for this does not go

to an individual or a class but to the whole nation, because without the co-operation of

the people, the Armed Forces could not have achieved these results”.380

5.1. Zia Constitution of 1973 and 8th Amendment:

General Zia did not abrogate the Constitution. Some people believes that he

might have something in his mind regarding this action but in reality, the 1973

Constitution was unanimously passed by the people of the country while other two

were not due to which he restrained from such action. (1956 and 1962

Constitutions).It is generally believed that he did so for these following reasons:

� He had to legitimate himself in the eyes of the people of Pakistan.

377 Ibid.,pp.63-64

378 Ibid.,p.164 379 Zia addressed after take over to seek approval of his action in the eyes of the people of Pakistan, For

detailed account see Appendix No X 380 For detailed account of his Speech in Appendix No XI.

138

� He could justify his action with documentary proof.

Zia was a different general with different kind of army at his command. He

countered with “Hobson’s choice” through which he took decision to impose and

prolong martial law surely. It was generally believed that democratization process

needs to cater people’s needs and their requirements. A good leader is the one who

creates ease for his people rather than creating hardships for them.381

Hence, it is

viewed that one thing was very beautifully portrayed by Zia-ul-Haq that he made

people assured about his attachment and concern with people of the country. General

Zia took plea to come into politics and hold political authority due to Bhutto and his

autocratic style of rule. To do the needful and justify his position, on 28th, April

1977,a joint statement was released by the Pakistan Army including Zia-ul-Haq that

was “While the military code prohibits the soldiers, sailors and army man not to have

anything to do with politics, the armed forces that belong to the nation have to remain

on call to safeguard the country’s integrity when threatened on account of central

aggression or internal subversion, we wish to make it absolutely clear that the

Pakistan Army, Navy and Air force are totally united to discharge their constitutional

obligations to support the present legally constituted government”.382

This note made clear what intensions army had to come and to hold political

authority after ousting Bhutto from his seat. General Zia put his image as dual

personality. On one hand Zia pretended to be reluctant to control political office as

political leader of the country. At the same time Zia-ul-Haq proved to be very humane

and accommodative to everyone383

. He wanted to maintain his good will in the eyes

of the public of Pakistan; therefore Zia took shelter under the umbrella of following

reasoned formula:

1. According to him country’s political situation was going to be worsening and

Bhutto completely failed to accommodate all ethnic diversities in Pakistan. He

could not control various uprisings in the country and it was very near at the

381 Roadad, Khan, Pakistan: A Dream Come Sour,( Karachi: Oxford University Press: 1997), p.80

382 Ibid.,p.82.Also see Appendix No XII

383 Saeed Shafqat, Civil Military Relation in Pakistan, (Colardo West View Press, 1997), p.189

139

brink of Civil War thats why, it became need of the time to come and hold

political office of the state.

2. According to Zia, Bhutto did not pay any attention to religion is Islam which

was the main factor of creation, of Pakistan and not to be forgotten by anyone.

Zia justified his entry on the basis of Islam which, was not previously

incorporated in Pakistan’s political and other spheres of life. He took

responsibility to apply Islamic ideology on Pakistan and that is why he showed

his loyalty with PNA which raised voice for Nifaz -e-Mustafa.384

Zia was a military man and not aware of politics on practical argument.

Actually, General Zia neither bothered democratic institution nor had regard for

Islamic polity and set up. Therefore, he did not come out of the framework of

Constitution of 1973 he when started working under political framework of 1984

which was required for the restoration of democracy in the country. 385Zia wanted to

bring changes in the country. It is observed that political leaders either military men

or civilians always tried to bring about change in society with their powers. Change

can be of various types. Maria Dasko and Sheila Sheinberg are of the view in a report

that only leaders with new knowledge can lead the transformation about three kinds of

changes.

� Traditional

� Transitional

� Transformational

Zia brought traditional change in Pakistani society as traditional changes

include, motivation, aim for change, level of change, thinking pattern, actions and

steps, outcome and its requirements and final result. In this regard Zia’s motivation

was to convert Pakistan’s image into an Islamic state with main aim of establishing a

system through which he could keep all control over strings of power and

384 Ibid.,p.189,Also See detail in Saeed Shafqat,1997,op.cit.,pp.190-191,For excellent analysis of

reform introduced by Zia-ul-Haq, see K. Arif, Working with Zia, (Karachi: Oxford University

Press,1995),pp.-250-275.

385 Mushtaq Ahmed, Pakistan at the cross roads, (Karachi: Royal Book Company, 1993), p.68

140

authority.386

In the perspective of political leadership, Zia went for traditional change.

But in the perspective of democratic process Pakistan experienced with transition.

This transition was abrupt and very frequent in Pakistan.387

Moreover, when General

Zia came and ousted Bhutto from his office, it was the time to analyze the nature of

relationship between military and democratic set up of the country.388

There are various propositions presented by numerous writers and scholars

about the content, nature and reality of the role of political leadership in bringing

democratization in the country. They took certain variables and factors responsible to

ensure or prevent democratic process in the country. As Anwar Sayed mentioned that

“viceregal system” was root of Pakistan’s weak democracy Allan McGrath talked

about judicial institution as one of the major factors to determine the role of political

leaders to strengthen institutions in Pakistan. Political leaders had to control variations

and diversities for the smooth functioning of the country so that democracy could

flourish. It was manifested that Pakistan’s political system was managed by military-

bureaucratic oligarchy since its inception. Polity has remained caught by troika;

military, bureaucracy and politicians. At the same time, a large opinion is related to

the natural characters, working and vision of political leaders. It became very

interesting phenomena in Pakistan’s political system that military always came up

with its own made augmented definition of democracy.389

Zia-ul-Haq promised to hold elections within ninety days but did not imply

and fulfill his promise. Although, General Zia was very much aware of the reality that

his step into politics is an “act of treason” 390

but, he took shelter under the umbrella

of Islamization because through this way his legitimacy could be ensured. General

Zia’s first step to make constitution non-functional and to keep opposition under

certain limits pushed country into disarray. Rousseau said that, the main imperative of

all laws and rules “which is not graven on tablets of marble or brass, but on the hearts

386 Ibid.,p.68

387 Riaz Ahmad Sheikh, A State of Transition: Authoritarianism and Democratization in Pakistan, Asia

Journal of Global Studies Vol. 3, No. 1,(2009),p.4

388 Ibid.,p.4 389 Ibid.,p.9

390 Saeed Shafqat, 1997,op.cit.,p.18

141

of the citizens”391

is incarnate in what he claimed as “real constitution”. Constitution

is the procedure to hold down the governmental authorities and sign of coalesce

strength while implied on state, government and citizen’s lives.392

When Zia-ul-Haq assumed the office of the head of the state and government

being military dictator, it was noted that he had no respect for the Constitution rather

he made constitution as document of no use and he suspended it. It was evident when

in a press conference at Tehran, he commented on constitution in these words that

“What is the Constitution? It is a booklet with ten or twelve pages. I can tear them up

and say that from tomorrow we shall live under a different system. Is there anybody to

stop me? Today, the people will follow wherever I lead. All the politicians including

the once mighty Mr. Bhutto will follow me with their trial wagging”.393It was viewed

that Zia had no intention to follow any procedure and pattern of constitutional

government. He was of the view that 1973 Constitution was dead document and there

was dire need to bury it by any way. He tried to do that with certain changes and

reshaping of the Constitution. The 8th amendment in the Constitution of 1973 brought

by Zia altogether changed the whole political edifies of the country.394

Furthermore, according to 1973 Constitution, Prime Minister and his cabinet

are real executive and President is titular head of the State. But Zia wanted to

consolidate authority and powers in his sole hands. That’s why he changed the whole

gamut of 1973 Constitution after bringing 8th amendment in the 1973

Constitution.395The most critical part of this development was that it was common and

small thing to change and reshape the Constitution by rulers but nations generally

cannot afford such developments every now and then which lead towards chaos and

confrontation between institutions. Actually, Zia undermined the fundamental law of

the land.396

391 Carl J. Friedrich, eds, The Constitution as a Political Force, in Harry Eckstien and David E.Apter,

Comparative Politics,(London: The Free Press of Glencoe,1963),p.133 392 Ibid.,p.139 393 Khalid Mehmodd Arif,1995,op.cit.,p.148.Also see detail in “Kayhar International” Tehran,18

September ,1977

394 Mushtaq Ahmad,1993,op.cit.,p.78

395 For detailed Constitution,(Eighth Amendment)Act,1985,see Appendix No XIII 396 Mushtaq Ahmad,1993,op.cit., p.78

142

Viewed in this context, Pakistan is perhaps a unique country where the issue

of Constitution implications and misuse has remained a feature of political system of

the country. Frequent changes or modifications, shaping and reshaping of the

Constitution showed preferences and bringing into question our concern for

fundamental and supreme law of the land. The question arises that why Zia intervened

in politics and what factors remained involved for pushing a military man to take

charge of the country.

The foregoing analysis draws various inferences about such development and

also highlighted the failure of Bhutto as an effective political leader to fulfill the needs

of the country. K. Arif made an analysis of Bhutto’s abilities before Zia‘s intervention

in politics of the country and admitted that in prevailing scenario Bhutto had done

enough to fight political war. Once Bhutto said that “politicians have to avoid

elections as much as generals have to avoid wars, but political battles have to be

fought. I hope coming elections will be clear and fair”. 397Unfortunately, it was not

happened as he thought.

On 5th July 1977, General Zia ousted Bhutto from his political office and took

hold of it. Civilian government could retain political office if it could hold

accountable about his political policies and actions. In true democratic set-up civilian

can retain with their authority, power and office with the process of accountability

which lacked during Bhutto era.398 The trend and practice of not to be held

accountable gave opportunity to military to come into politics.399 General Zia made

his point very clear after holding over political authority in these words “Although, I

was inclined to agree with the demand for prior accountability I was hesitant to accept

it because the process of accountability could be completed within a day or even a

week. Indeed, the process involved completion of all legal procedures through the

courts including affording a full opportunity to the accused for defense.400

Without any

gainsaying, Pakistan is a unique case where unstable and feeble democratic set up was

397 Khalid Mahmood Arif,1995,op.cit.,p.61 398Ibid.,p.16 399 Ibid.,p.16.Further detail can be seen in Lawrence Ziring, Pakistan: At the Crosscurrent of

History,(Lahore: Vanguard Books,2004),pp.165-166.Also see K Arif, Working with

Zia,1995,op.cit.,pp.190-191 and in Lawrence Ziring’s work, Pakistan in 20th Century, (Karachi: Oxford University Press,1997),pp.423-424

400 Gen. Mohammad Zia-ul-Haq’s Radio/TV address, October 1, 1977.For detail account on “Accountability First”, see Appendix No XIV

143

matched with military institution. In Pakistan, since its inception, politicians and civil

leaders gave place to army to come and search out its legitimacy.

It is interesting to note that military always thinks that they are responsible to

make things right if situation worsens. There are various questions that arise; why is

military always ready and willing to come in politics and use political authority. Many

of the scholars and observers came up with diverse hypotheses that either they have

lust for power or they are ambitious leaders who seek opportunities all the time or

they are in the framework for glorification of their institution. 401Another assumption

made by historians who wrote on military’s role in Pakistan is that the role of political

leaders throws military into political and Constitutional predicament always. In the

given scenario, the case of Zia’s entry in politics after ousting Bhutto from his office

presented some kind of logic and reasoning. General Zia took plea under the umbrella

of Islamization to justify his rule and authority. After dismemberment, Pakistan was

regenerated but Bhutto’s personalized powers and dictatorship led country more in

havoc and chaotic situation. And now, Zia did not want to have mass oriented

government in Pakistan.402

The downfall of democratic institution started when General Tikka Khan

retired on 29th February, 1976 and General Zia-ul-Haq replaced him, which was very

eccentric step of Bhutto. The appointment of General Zia as (COAS) was done after

superseding some of his seniors. It was a violation of merit and justice. This question

is still in the minds of people of Pakistan that what factors pushed Bhutto to have such

kind of action which ultimately turned against him and subverted his political office.

403

In addition, the rivalry between and among various politicians enticed army to

come and take charge of the government. When there was chaotic situation prevailing

in Pakistan after 1970’s elections, all were fearful of each other; all were cheating

each other, not a single politician shown any kind of trust on the other. Bhutto’s

Government was going to be expired on 14th August 1977; he made an announcement

for election on 7th January, 1977. The date fixed for elections of National Assembly

was fix, that was 7th March and for Provincial Assemblies, it was 10th of March,

401 Ibid.,p.17 402 Lawrence Ziring,2004,op.cit.,p.164 403 Khalid Mahmood Arif, 1995,op.cit.,p.43

144

1977. Elections were held but were alleged to be rigged. In July, 1978, Zia-ul-Haq

government issued a “white paper on the conduct of the elections of 1977”, which

highlighted that manipulation of votes was done at large scale in the country.

Elections rules laws and regulations were denied in every respect, either it was related

to opposition or election commission. Misuse of intelligence services was very

prominent.404The remarkable majority was won by Bhutto’s party PPP on the 7th of

March when elections were held. It was observed that thirty million voters used their

right to choose any one of their liked party or individual as their representatives.405

Results came and PPP got majority with 155 seats in the elections, on the other hand

Pakistan National Alliance (PNA) got only 36 seats. 406

The escalation of tension could be seen when PNA never accepted the results

rather demanded removal of Bhutto and Election Commissioner to hold new elections

under the supervision of army and judicial institutions. It put Bhutto in an awkward

position because he, himself was not assure about that sweeping victory in elections.

In the wake of this situation he addressed senior civil servants in the Prime Minister’s

house and said “why have you done these to me”.407The reservation was made that

election results were manufactured and it was a great joke with the people of Pakistan

which was tantamount to depriving them of their voting right. PNA could not be

pacified all along when issues were in court and finally they went for long march.

Situation was worsening and eventually they tried to reach on some reconciliatory

points.408

PNA and government’s pursuit of reconciliation was damaged as Professor

Ghafoor Ahmad, in his book, “Phir Martial Law Aa Gaya” highlighted that some

PNA leaders had shown their mistrust on Bhutto and doubted Bhutto’s sincerity to

conclude something beneficial for Bhutto and opposition at that time.

These issues created further commotions when leadership of Pakistan was

entangled with hatred, mistrust and doubts, which hardened the process of

democratization in the country. In democracy and democratization process, tolerance

and accommodation are a must which have hardly been seen and observed in

404 Ibid.,p.61 405 Ibid.,p.64 406 See detail of seats won by the political parties in 1977 Elections, Appendix No XV. PNA was nine

part alliance who were together against Bhutto and which later on became cause to invite military in politics.PNA include: ANP,TI,CPP,PML,JI,BRP,BNP,JSQM and SNF.

407 Khalid Mehmood Arif,1995,op.cit.,p.64 408 Ibid.,p.84

145

Pakistan’s political leadership. It became behavioral pattern of the ruling party to

suppress the institution of opposition by blackmailing, arresting, executing. PNA and

PPP could not reach on any final agreement to resolve the problem. Two sides were

combating with no confidence on each other.

Furthermore, Mrs Nasim Wali Khan warned Maulana Mufti Mehmood not to

sign any agreement with Bhutto because he, in her eyes, was unworthy to hold new

elections. Here comes the dual attitude of a politician could be analyzed when she was

not hesitant to invite military and favored martial law imposition until election could

not be held. Air Marshall Asghar Khan has the same view point about the imposition

of martial law. As quoted by K. Arif that “the PNA leaders slept on the nights

between 4th and 5th July, 1977 with a firm conviction that the accord had not been

finalized. This was the end of democracy, given the kiss of death by the disputed

political leadership”. It is well analyzed that opposition was not leaving any room for

compromise with Bhutto and they put democracy at stake in their personal clashes.409

Hence General Zia presented his justification about imposition of martial law in these

words: “I am the only man who took this decision and I did it so at 1700 hours on 4th

July after hearing the press statement which indicated that talks between Mr. Bhutto

and opposition had broken down. Had an agreement been reached between them, I

would certainly never have done what I did”.410

It was a common notion by a military

man to put himself as an innocent responsible.

It was the period of immense pandemonium in the country from March to July

1977 due to the confrontations between opposition and government and ironically

during this tensed time period, the President, Fazal Elahi Ch. did nothing. By

constitution he was to act on the advice of Prime Minister so he remained silent figure

during national crises and this uncovered the loophole in the Constitution of 1973 of

Pakistan. The division of powers between Prime Ministers and President was not

accurately done. For smooth democratic process, division of powers is an important

device. Constitution is that institution that implies and uses that device to get

maximum benefits and effective results. In case of Pakistan, this could not prove an

effective instrument because country was plunged into crises and Constitution was

supporting the device of division of powers between President and Prime Minister to

409 Ibid.,p.85 410 Ibid.,p.88

146

come out such crises. True to say that Pakistan experiencing with parliamentary

system in which prime minister is real executive of the country and the president is

titular head of the state. This division could not handle and control the chaotic

conditions of the country. It was evident that president was rather hushed during the

whole national crises. Thus, Zia took advantage of it while saying that “the

government and the PNA have agreed to disagree”. Furthermore he stated that there is

no eight at the end of the negotiating tunnel”411

As a result of this, now was the time for “Operation Fairplay”412which was

implemented the very night of 5th of July, 1977.This operation was done and

completed without any bloodshed. After this, many were arrested from PPP, PNA and

bureaucracy.413After taking leader of ruling party, opposition and administration

under arrest, Zia renounced any political ambition and agenda. He was concerned

with his personal image to be portrayed by media and press at that time. He was of the

view that he had no intention to disparage, persecute and stalk the opposition. He also

promised to hold elections with 90 days and not to change the constitution what he

did in later period. He also said that he would strengthen the government and will be

cooperative with opposition.

It was interesting to note that initially he admired Bhutto and called him “a

very tenacious combatant and a great politician is a man with a great sense of

history.”414 On the other side, Bhutto himself had done a lot which was pathetic and

repulsive to Pakistan political set up. Beside this, Bhutto had authoritarian nature and

he did not forgive anybody on his or her blunder. He had habit of revenge at any cost.

Many truths were kept under the carpet in the name of state security.415

Such

behavioral patterns were perceived as a threat to the state and government. Bhutto’s

policies of suppression, oppression and misuse of authority had remained the features

of his polity. Bhutto’s democracy was not as he claimed rather it was pathetic, ugly,

and grim and fake which endorsed the real picture of politician and political leaders of

411 Ibid.,p.93 412 See details of “Operation Fairplay” in Appendix No XVI

413 See Reference detail in K. Arif,1995,op.cit., p.95,Name of important personalities and leaders

which were arrested after ‘Operation Fairplay’

414 Ibid.,p.112 415 Ibid.,p.122

147

Pakistan. Leaders did use same tactics of violence and terror to keep their powers and

authority intact.416

After seeing the acts of previous government led by Bhutto,

General Zia started thinking in different manner which included the event when

Bhutto was allegedly involved in Mohammad Nawab Ahmed Khan’s murder case.417

Due to this allegation, on September 3rd

, 1977, Bhutto was arrested which was

very catastrophic. Not only his arrest but his trial also was shameful for the country

and the nation. This event invited agitation and his wife and daughter had been very

active and vocal against the trial. Benazir Bhutto once declared while addressing a

party rally on 29thSeptember, 1977 that” the five rivers will flow with blood if Mr.

Bhutto is hanged”.418.

On the other side, Zia wanted to complete Bhutto’s trial before elections in

October, 1977. General Zia had his own fears. He knew the personality of Bhutto and

his personal nature to keep internal grudge against his opponent. Therefore, he wanted

to resolve Bhutto’s case through courts. Simultaneously he changed his stance to hold

elections. On 1st October, 1977, he announced the cancellation of elections.

According to his justification, circumstances and prevalent situation at that time was

not allowing him to invite more intense situation.

In that given environment, the announcement made by Zia pushed country

back into political quagmire. Democratic process was derailed and no one was agreed

to keep country’s institutions at their places either they were elections. It was viewed

that Zia’s approach towards postponement of elections was not only Bhutto’s dread,

but also his personal motives. It was observed that what Zia did with the institution of

elections for his personal interest to retain authority and power more in his hands was

not a democratic attitude. He was deviating from his own stance as a leaders and ruler

in the name of President. President is also a person who could not be elected by the

votes of the mass of the country. So, then, how president, could execute the norm to

become leader of an Islamic state. The postponement of elections had deep negative

impact on national polity and democratic process of the country. It also reflected gap

416There were some acts of violence and terror performed by the administration of Bhutto which

include; The Delhi Camp issue, Liaqat Bagh Case, The Death of Six Hins, Dossiers and The Witch-hunt in Khalid Mehmood Arif,1995,op.cit.,pp.122-123

417 See detail of this event in Hamid Khan,2005,op.cit., p.342.,Also ,see Appendix No XVII 418 Ibid.,p.132

148

between the saying and practice of Zia. In ‘Constitutional expressions’ it can be called

as “gap between theory and practice”. Later on he proved to be an unreluctant kind of

ruler who did not bother and consider even constitution of the country. Meanwhile he

started talking about Islam and Islamic rule in Pakistan. While heading towards that

end he expressed “as a nation we will have to evolve a political system that suits us.

The Muslims have one God, one Prophet one Book; how can you have two hundred

leaders is ruling you? You have go to have an‘Ameer’ [ruler] In my humble opinion,

for Pakistan the presidential form, which is closer to the Islamic ideology is the most

suited one”419

Compared to Bhutto, Zia took Islamic Socialism as unjust economic system

which led inequality and class distinction. It developed affluent classes at the cost of

impoverished. Even though, Zia brought social, political and economic changes in

Pakistan.420 Some of the other steps and promises of Zia made him authoritarian ruler

of Pakistan. Zia tried to consolidate Islamic democracy. Political parties were moving

up their voices for restitution of parliamentary democracy according to 1973

Constitution. Alliance of various political parties was formed in the name of

(Movement for restoration of Democracy) MRD. On February 6th, 1981 to counter

MRD Zia introduced PCO (Provisional Constitutional Order) on March 24th 1981.

This order made government more strong and empowered the government with

various powers. It was concentrating powers in the hands of President more unlike

parliamentary democratic setup.421

Thus, MRD did not like provisions and powers

used by president under PCO. But leadership at the helm of national affairs rejected it

and said that such kind of pro-democracy alliance formation had no place in Islamic

democracy. It also announced a new date of general elections on non party basis by

March 1985.422

Zia’s goal to become life time President of Pakistan was somewhat achieved

after 1985 elections. He had his own political leadership in National Assembly and he

had trust on them to do what he wanted to get from them and at last he brought 8th

419 Ibid.,p.133

420 See detail in Chengappu M. Bidnadai, Pakistan Islamisation Army and Foreign Policy,( New

Delhi A.P. Publishing Corporation 2004), pp.11-12

421 Ibid.,p13 422 Ibid.,p.14

149

amendment423

in the 1973 Constitution of Pakistan according to his own desires.

Although they were non party based elections but most of the members were now,

demanding for protection of civil liberties, lifting the martial law and to restoration of

1973 Constitution in its actual form. These elections were not reprete with loop holes

and political flaws but Zia succeeded in legitimizing his position after establishing so

called electoral government. After installing government, on 2nd March, 1985. Zia

made an amendment in constitution of 1973 called 8th amendment under Article

58(2) (b). Several changes were made under this amendment. The most significant

result of 8th amendment was that the President became more powerful and Prime

Minister was to be chosen by the President not by the Parliament. 424

The 8th amendment was a turning point of Pakistan’s Constitutional history

which left negative impacts on the political edifice of the country. At the same time it

undermined the sanctity of parliamentary form of government.425Saeed Shafqat called

President Zia as an individual who was in many respects, a typical third world dictator

who wanted to keep the strings of authority in his hands”. 426Some of the observers

took this situation very interesting and unique. After elections Mohammad Khan

Junejo started working as prime minister. He was Sindhi landlord. It was very

inimitable form of government and leadership after this election because assembly

was functional under martial law.427

Although, the martial law was lifted on 1st January,1986 and it was not so

pleasing for the people of Pakistan because it took eight and half years to be finished

with Zia. 1973 constitution got affected very badly by the regime that had no

constitutional right and legitimate place to modify and change the Constitution. On

the other hand this assembly comprised of civilians but still under the control of

military. It was militarization of civilian rule. This assembly could not bring drastic

changes and even minor changes to deviate from the dictation of Zia due to their

423 For detailed account, see Appendix No XVIII 424 Afzal Iqbal, Islamization of Pakistan,(Lahore: Vanguard Books Pvt LTD,1986),pp.134-135.Also see

Mohammad Waseem, Politics and State in Pakistan, Islamabad: National Institute of Historical and Cultural Reseach,1994,pp.376-377-378.Waseem discussed Zia’s Islamic program into three catagories; Punitive Measures, Reconstruction of Islamic System and General Islamization morales, science and education.

425 See detail account of 8th Amendment in Hamid Khan,2005,op.cit.,pp.384-385.Also see Saeed Sghafqat,1997,op.cit.,pp. 213-218

426 Saeed Shafqat,1997,op.cit.,p.212 427 Ibid.,p.139

150

traditional mind set and outlook. New representatives in Assembly were

competitively younger and educated from their elders but in orientation they were of

same kind of individuals.428

It was observed that such leadership followed old and

traditional political style to keep intact with their biradaries to get support of any kind.

And later on they proved to be helping instruments and key actors to imply those

policies which were given by military authority. This way, Pakistan could not be

democratized when political structures were subordinate to military dictatorship

where people’s right and authority in selection of their representatives was dictated. In

this period, Pakistan was passing through very crucial stages. Military played very

interesting game in Pakistan’s political system. In three provinces military supported

and established feudal rule but in Punjab Mian Mohammad Nawaz Sharif came to

rule who was an industrialist, a young man who believes in commercial industry.429

5.2. Referendum

Zia wanted himself constitutionally secured and for this purpose he arranged a

referendum for Presidentship on 19th December, 1984. Zia never trusted political

parties, their leadership and followers. This referendum provided a full-fledged

legitimate tenure to general Zia as President of the country for five years. The

question he raised in referendum was against the norm and pattern of democracy what

Voters were given a question that whether they would cast their votes for Islam or

against Islam”. 430

It proved to be a doctorial policy and action led by Zia through which

successfully converted his rule from de facto to de jure. The victory he earned put

country under great turmoil and set back. Zia tried to hit democracy with the Islamic

notion which was a mockery to the political fortune of the country. Zia benefited

through referendum, better evaluated by ‘The Guardian’ daily newspaper, in

following words: “Few can have expected otherwise. To invite Pakistanis to vote

against Islam is like inviting Midwesterners to vote against motherhood and apple pie.

That of course, was why President Zia announced that he would take a ‘yes’ vote on

428 Saeed Shafqat,1997,op.cit.,p.215 429 See detail account of Nawaz Sharif’s arrival in politics being a successful businessmen in Mushtaq

Ahmed ,Nawaz Sharif, Politics of Business,(Karachi: Royal Book Company,2001).Also see Saeed Shafqat,1997,op.cit.,pp.236-237

430 Ibid.

151

Islamization as an endorsement of his rule for the next five years, as well. Even so,

according to independent sources it is clear that, despite the ban on political parties

and organized campaigning against the referendum, despite the relentless government

pressure to crowd the polls, a clear majority of the electorates sat things out. Of

course, they were not prepared to vote against Islam but they were in no mood to give

their blessings to the military man. In a sense, therefore, Zia has finally ‘legitimized’

his transition to the presidency. But he has done so with a piece of theatrical

manipulation”. 431

Unfortunately, Zia himself played joke with the country when he gave dates

for general elections time by time which were not to be held. First announcement of

elections was made in October 1977 and second was in October 1979 but finally

elections were held in 1985 on non party basis. He had his own agenda and policy

behind it.432 It was true as quoted by Benjamin Disraeli that” To be conscious that you

are ignorant of facts is a great step to knowledge”433.Actually, Zia disdained with the

status of a political leader at one time through referendum and on second time through

conducting elections on non party basis. It is really interesting to see the role of army

and its intervention at that time of point when PPP and PNA were about to reach an

accord.434 But it declared invalid by Bidanda M. Chengappa when he said that these

two parties were fail to reach an agreement for the stable future of Pakistan. 435

Lucian, W. Pye’s notion of army in developing states is not applied on

Pakistan because according to his thoughts “armies always stand at some distance

from their civilian societies”.436

Ironically in order to maintain its importance and

realizing the notion that it works as savior, military has adopted various kinds of

431 The Guardian,22 December,1984 432 See detail in Khalid Mehmood Arif, Working with Zia, further detail could be seen in Praveen

Shaukat Ali, Politics of Conviction,(London: The London centre for Pakistan Studies,1997),p

433 Aziz Beg, Battle of Ballot or was of Attrition, (Islamabad: Babur & Ameer Publication, 1978)

434 Saeed Shafqat, Political System of Pakistan and Public Policy (Lahore: Progressive Publishers,1989), p.43

435 See detail in Bidanda M. Chengappa, Pakistan Islamization Army and Foreign Policy,(New Delhi A.P. Publishing Corporation 2004)

436 Lucian W. Pye, Armies, Process of Political Modernization, Jason L. Finkle, Richard W. Gable, Political Development and Social Change, London: John Wiley Sons,1968,p.383

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strategies to put its feet in Pakistan’s politics. These strategies were of following

kinds:

� It placed more army personnel in administration.

� Bureaucracy was very much entertained and invited to play an important role .

� Judiciary was under pressure and rule making bodies were trying to influence

judicial set up.437

As has been noted and compared with other military regime of Ayub Khan,

during Zia period, heavy recruitment of military personnel was done in various

administrative posts when turned into a military bureaucratic state. Pakistan

International Airline(PIA) Water and Power Development Authority(WAPDA)

PASSCO, NTRC, NLC, were handled by various army men in bureaucratic

positions.438

Fauji Foundation also grew large and became a giant economic venture.

Zia tried to have his control over civilian departments through military men which

debilitated the soul of democracy in the country.439

To acknowledge the fact, it is

analyzed that dynamics of civil-military relations have affected the process of

democratization in Pakistan and in these relations; Islamism is one of major dynamics

that turned the nature of the working of Pakistan’s political system.

In addition, during Zia’s rule, the role of judiciary was also curtailed. Through

PCO March 1981, Judiciary was restricted not to handle political executive orders. It

also limited its powers not to order bail before arrest which was great impediment in

the working of judiciary independently. It is stated that: “The PCO effectively

extinguished important constitutional role of judiciary facing it to confine its attention

to purely criminal and civil cases not involving issues of political substances”.440

5.3. Zia and Political Parties:

Political parties are the main spirit of any democratic polity. Political parties

articulate and aggregate conflicting demands of the people. As Lord Bryce said that

“they bring order out of the chaos of multitude of voters” is true notion. Political

437 Saeed Shafqat,1989,op.,cit. p.48 438 Ibid.,p.49 439 Ibid.,p.49 440 Ibid.,p.50

153

parties are responsible to give birth to a mass oriented system and organize people.

They also develop relation between government and peoples’ say. In addition,

democratic function of the political party is to select the leader for the

country441

.When General Zia intervened in politics he tried his best to demoralize

political parties and weaken them. Even, when he announced local bodies elections

they were on non party basis.442 According to his view point, political parties are not

necessary for running the affairs of the state and government. During his rule he

passed various executive orders to press and curtail the position of political

parties.443In addition, political parties were not of national stature parties. One healthy

trend was set by Zia to hold local bodies elections for three times, 1979, 1983, 1987.

People became more active and aware of politics of the country and especially for

their respective localities. They became participant and started taking part in

provincial politics. Consequently, such development made people aware and leaders

of various localities started talking and promoting their local issues and interests.

Beside this, from 1977 to 1985, Zia worked under dictatorial and authoritarian

style. But before that in 1983 MRD was formed by opposition parties. Later

developments indicated that MRD did not prove an effective and strong instrument to

curtail the powers of authoritarian rule. Zia regime handled MRD very tactfully so

that movement could not gain popularity specifically in Punjab.444

Under the

supremacy of military, 1985 elections were held but resistance was shown by various

political parties and groups and they did not accept it. Therefore, the legitimacy of

these elections and actions of Zia were not getting their adequate place. One

interesting development took place during 1985 elections that was its turnout, which

was 52.93%. It was looking vigorous because this turnout was close to the turnout of

1970 general elections which was 57.96%. 445 Transfer of power from military to

civilian rule was not an easy task but it was done. It may be for one reason that

441 Harry Eckstein& David E. Apter, Comparative Politics,(London: The Free Press of

GLENCOE),pp.352-353 442 Saeed Shafqat,1989,op.cit.,p.53 443 Saeed Shafqat, 1997,op.cit.,p.211.Also see Political Parties Act 1986.in Appendix No XIX

444 See detail account of strategies and methods adopted by Zia to condemn MRD in Saeed Shafqat,

Political System Public Policy, (Lahore: Progressive Publishers,1989),pp. 55-56

445 Mahmood Monshiponi, Arnyad and Samuel, Development and Democracy in Pakistan, ( 1995),

p.979

154

February, 1985 elections were on non-party basis and Zia had not any challenge from

any political party. When government was formed, Zia pushed them to revise and

modify the Constitution of 1973.

One very central review was brought in 1973 Constitution with 8th amendment

in 1985 which gave more powers to the president instead of prime minister.446

This

58(2) b changed the face of 1973 Constitution altogether. Now, Constitution was no

more parliamentary in its nature rather converted into presidential form of set up.

President wanted to consolidate and concentrate powers in his hands by any way,

either bringing amendment or using elected person for his own interest. Zia kept

himself attached with the elected government which ultimately resulted in his

downfall.

5.4.Registration of Parties:

Beside all these developments, there was contradiction between political

parties working under MRD because some parties from MRD agreed to work under

the conditions of the government, but PPP refused it. This fact related to the weakness

of MRD remained evident throughout the period of newly elected assembly. It did not

give strong gesture and shown opposition to the Assembly.447

PPP was not ready to

work under the conditions of the puppet assembly and made certain demands for the

revival of party system.

For this reason in the year of 1986, government made an announcement for

political parties to get registered with the election commission. It was a reluctant order

and step because Zia still, was not in a mood to restore political parties system in the

country as he considered them useless organizations in the country like Pakistan.

Nevertheless, this was made evident that parties would remain confine within the

ideology and national unity of the country. He also introduced Revival of

446 Marvin G. By Weinbaum, Civic Culture and Democracy in Pakistan, Asian Survey, University of

California Press,Vol.36,No.7,(July,1996),p.643- 644,Also see detail in Afzal Iqbal, Islamization of Pakistan, amid Khan, Constitutional and Political History in Pakistan, Lawrence Ziring, Pakistan in the Tweinth Century,1997,op.cit.,pp 472-473

447 See detail in Lawrence Ziring, Pakistan in the Tweinth Century, (Karachi: Oxford University Press,1997), p.485

155

Constitutional Order (RCO). According to Zia, he put country on democratic road

after implying RCO.448

5.5.Islamic Democratization: Zia’s Version

It was evident with the arrival of Zia-ul-Haq in politics that he would seek his

legitimacy in the eyes of common people due to his invasion in political set up

unconstitutionally. Throughout 11 years of his rule, Zia operated Islam to consolidate

his rule over masses of the country. Zia, very insightfully used Islam for getting

peoples’ support because he knew the emotional attachment of the Pakistan people

with their religion, Islam.449For democracy he presented his own interpretations. He

considered Islam as one of the ways of human life and in this process political parties

and governmental organs were not having compatibility with Islam.450

It was also

viewed that Zia’s attitude and the way he incorporated Islam in politics of the country

led militant attitude which was witnessed in subsequent years of Pakistan’s politics.

Iftikhar Malik was of the opinion that Zia had introduced new measurement of

Islamic connotations such in the regard of women’s position and status in the

society.451

Saeed Shafqat considered that Zia’s injunction of Islamic principles in

every sphere of Pakistani society was like “Ideological Cleansing”.452

He tried to

transform the actual structure of Islam into his own paradigm. He introduced Shariah

Courts parallel to regular courts of the country which had responsibility to ensure the

law making in accordance with Islam. It generated many issues related to the

“standing of 1973 Constitution, Muslim Personal Law and system of levying taxes”

but amazingly one of the religious party leaders called this development as “landmark

448 See Saeed Shafqat, Civil Military Relations in Pakistan,(Colorado, West view

Press,1997),p.216.Also refer Hamid Khan,2005,op.cit.,p.378 449 Veena Kukreeja,2003,op.cit.,p.169 450 It is interesting to note that Zia assigned to Council for Islamic Ideology (CII) in 1982 to provide a

guideline on the future political set up of the state. that commission came up with its report that elections and party system is consistent with Islam. Zia rejected these points and said that he already appointed two other institutions for this task and he has to wait for their reports. See Nawa-i- Waqat,Lahore,4 August 1982.Also see an important discussion in Veena Kukreja,Contemporary Pakistan,( New Delhi: SAGE Publications,2003),pp.169-170

451 Detail account of women’s status under Islamization policy could be seen in Iftikhar Malik, State

and Civil Society in Pakistan,(Houndsmill: Macmillan Press,1997,)p.147,More detail is available in Saeed Shafqat, Civil Military Relations in pakistan, Boulder: West View press,1997,pp.198-199.Also refer Waylen, Georgina, Women and Democratization: Conceptualizing gender Relations in Transition Politics, World Politics,,Vol.46,No.3,(Apr.,1994),327-354

452 Saeed Shafqat, Civil Military Relations in Pakistan,(Boulder: West View press,1997),pp.198-199.

156

in the history of the country”.453

He brought some other structural adjustments in

Pakistani society related to punishments, prayers and alcohol.

5.6.Islamic Economy and Democracy

In economic sector he initiated ‘interest free economy’ and tried to Islamize

economy of the country to counter economic problems which were outcome of the

Nationalization policy of Bhutto. This program was launched in 1979 and Zakat and

Usher made mandatory for Muslims according to ‘shariah law’. Apparently this

program got attraction among masses but in real it could not meet the standard of

world commercial banking system, contract and profits failed. Ironically, GDP

increased from 6.2% to 7.5% during Zia regime which had one reason to get aid from

America for its services and fighting proxy war against Russia in Afghanistan. Price

Stability was also observed. But on the other hand such aid left negative development

on the economy of the country because it undermined the taxation system. In

extension of this, new government was not able to handle the economic situations

which were created by the Zia regime. In nut shell Zia‘s Islamization process

generated some religious fundamentalist groups in the country because social

orientations were in the hands of these groups now. 454Lawlessness, drugs,

unemployment, corruption and religious extremism were the products of Zia era,

which left indelible impacts on Pakistan politics. 455

5.7.Gender and Democratization:

Man and women are the major pillars of any society and play a significant role

in development of a country i.e. political, economic and social. Women comprise half

of the population across the world. In case of Pakistan where women comprise 50%

total population of the state, were highly discriminated during Zia period when he

brought certain policies regarding women under Islamization campaign.456

This

453 Saeed Shafqat, Political System of Pakistan and Public Policy,(Lahore: Progressive

Publishers,1989),p.103 454 Such as Nizam -e- Salat campaign was started in 1984 and appointed 100,000 prayers wardens for

urban and villages sectors. 455 Mohammad Siddique Qureshi, Political Culture in Pakistan,(Islamabad: Dost

Publications,2002),p.372

456 See detail account in Lawrence Ziring, Pakistan: At the Crosscurrent of History,(Lahore; Vanguard Books,2004),pp.163-202

157

discriminatory policy is criticized by every educated person of Pakistan especially

women active groups.

Noman Omar, a prominent Pakistani writer gave his opinion that “the 84

legislation is, perhaps the only instance in contemporary world where the state has

initiated reforms which have taken away women’s constitutional rights”.457

It was

generally assumed that Zia tried to lock up women in Pakistan in the name of certain

reforms but there was another group who justified and favored Zia for his stand point

regarding reforms related to women.458According to them, Zia was not against

women’s education and their decent career but at the same time he did not want to see

any western influence on Pakistani women so that no social harm could take place.

On one occasion of Federation of Business and Professional Women’s seminar, he

elaborated his view point about women’s rights and position in following words: “I

assure you my support in the steps you have taken to spread knowledge, get jobs and

make efforts for your rights do whatever you like, but do not transgress the limits laid

down by Islam”.459This notion of the president was moderate and open which was

interpreted by various writers and scholars in different ways. One effort made by Zia

to introduce an ordinance comprising some necessities for women qazis had shown

his good and positive gestures towards women.

It also revealed that he had deep concern with socio political and economic

conditions of the society and he introduced structural changes which had great

implications for Pakistan’s political system.460 Establishment of Majlis-i-Shoora,

Hadood Ordinance, Shariat Courts and Islamic Economy under Islamization policy

opened criticism in Pakistan’s various sections either liberal or conservatives because

such matters and issues had already become part of the 1973 Constitution.461

It is

viewed that it was just an effort to make his position strong and legitimate in the eyes

of the people capitalizing Islamic Ideology. Subsequently, this process strengthened

some religious extremist groups who intended to bring change for controlling society

but not for any ideological consolidation of the people of the country.462 Macus Cato,

457 Ibid.,p.53 458 Parveen Shaukat Ali,1997,op.cit.,p.95 459 Ibid.,p.93 460 Ibid.,p.119 461 See detailed account of such issues under Islamization Policy in Lawrence

Ziring,1997,op.cit.,pp.462-470 462 Saeed Shafqat, Civil Military Relations in Pakistan, (Colorado:West View Press,1997),p.200

158

a military officer has discussed that, “no ruler should stick to power but should leave

power after some time, so that people can elect others as rulers. Those who remain

stuck with power are those who don’t know the way where they have to go”.

Furthermore, he was of the opinion that same kind of rulers should not be preferred

again and again.463

As General Zia postponed elections time and again, were not

without any doubt. Justice Muhammad Munir analyzed Zia’s postponment of

elections and commented that If the elections were held in a free and impartial

manner, PPP might return to power”.464

Besides these steps, General Zia did everything to prolong his stay in politics.

Even to get political legitimacy in the eyes of people of Pakistan he spread Islamic

thoughts in Pakistan’s society. It was not a justification in the name of the people of

Pakistan. Because most prominent religious political parties never got people’s

confidence and votes in previous elections and could not form government after using

Islam and Islamic ideology.465 In 1985, Pakistan experienced with guided democracy.

This gaudiness was provided by military. It was evident that limited participation was

given as per directions of military. These elections did not get support and

legitimation from political parties and groups who were out of whole political

activity. It was a great joke with democracy because without political parties and their

active participation, free, fair and transparent elections could not be possible466

.

Pakistan has remained faced with the dilemma that elections could not prove

to be an instrument to get an effective leadership rather leadership was selected and

nominated by certain agencies and institutions i.e. military and bureaucracy. As in the

case of non party basis elections in 1985, Mohammad, Khan Junejo was appointed as

prime minister by military man, Zia-ul-Haq. Mohammad Khan Junejo, a Sindhi

modest kind of feudal and elected as leader of Muslim League. Rest of the members

of Assembly was directed to join Muslim League to promote Muslim League as sole

463 Mohammad Yousaf Khan,Jamhuriat bamuqabla Aamriat,(NA)

464 Kalim Bahader, Problems in the Evolution of a Constitutional Framework for Pakistan, Pandav Nayak,eds.,Pakistan, Society and Politics, (New Delhi, South Asian Publishers Pvt. LTD,1984),p.38

465 Dennis Kux, Pakistan Chronic Political Instability, Safdar Mahmood,Current Affairs Digest.

p.7.Also see Kalim Buhadr’1984,op.cit.,p.37

466 Kalim Bahader, 1984,op.cit.,p.57

159

political party of Pakistan. Pakistan Muslim League was not a mass oriented political

party rather elite formed political faction, which comprised of military, bureaucracy,

Industrial and commercial groups. These groups were major partners of ruling cluster.

One thing was new in these elections and ruling coalition that old generation of

political elites was replaced with new and relatively younger generation. But problem

remained same that they were also not supporting mass participation. They were also

falling in the category of traditional elites and leadership based on landed aristocracy

was not letting masses to speak and participate in political matters of the country.467

Civilian government started accepting the agenda and program of military as it was

dictated by it. Analysists declared this attitude and pattern of working of civilian

government a major impediment in the process of democratic set up.

Some of the observers believe that what Zia did with Pakistan in the name of

Islam, was making scorn with the people and system of Pakistan. And for this, soon

after the introduction of various steps and changes in constitution of Pakistan, he tried

to seek his legitimacy.468 On the other hand he faced strong opposition by the

coalition of various political parties. In 1981, various political parties of left, right and

centre formed a (MRD) Movement for Restoration of Democracy. It comprised 12

political parties.469 Irrespective of small or long in size, these parties had one demand

to abolish military rule and government.

General Zia used every means to curb the activities of MRD. On the other

hand it started working on new plan. Some of the ally of general Zia wanted to have

referendum for Presidentship of Zia. Some were not agreed. Those, who were not

agreed, they were stressing on the holding of general elections in the country.470

It

was also under discussion that either election would be held on party basis or non

party basis. Later on it was decided that firstly referendum would be held which will

lead to general elections. It was the scheme of Zia which slowed the process of

467 Ibid.,p.58 468 Khalid Mehmood Arif,1995,op.cit.,p.218

469 MRD was an alliance of various political parties of rights and leftist wing including PPP ,Majilis-e-

Ahrare-e-Islam, NDP National Democratic Party, Sindh Awami Tehrik, Awami Natural Party, Therik Istiqlal, Pakistan Muslim League Qami Mahaz-e-Azadi, Pakistan Mazdoor Kissan Party Jamiat Ullema-e-Islam Pakhtunkhawa,wkipedia.org./wiki/movement for the Restoration of Democracy.

470 Khalid Mehmood Arir,op.cit.,1995,p.227

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democratic process in country. In these state of affairs, the question arose that what

was the need to hold referendum. It may be deduced that it had only one goal to make

general Zia as president of the country for more five more years. Through

referendum, Zia could have chance to prolong his stay in government as one man rule.

So referendum was held on 19th of December, 1984 and Zia got majority of votes

from people. It was noted that military always tried to keep its footings in civil

matters in one way or the other. It might be coup d’état or referendum because of

minimum level political and social training.

Out of many observers, Mumtaz Ahmed took military institution as politically

untrained body which is lacked in political erudition and authority. He referred

Janowitz who talked and referred various characteristics of an army man as political

leader. Military has following lines:

� Command structure

� Organizational characteristics

� Pattern of training and orientation

� Socialization pattern471

which varies from civilian leaders and politicians.

General Zia’s regime was no different from such qualities in which

accommodation compromise, bargaining, political conversation, negotiations were

lacked rather he remained coercive and disciplinary. Zia knew his skills and training

expertise to control the civil society of Pakistan in shroud manners. Nevertheless, rule

of army in Pakistan is thought to be ‘inherently unstable’ arena because it could not

cater the needs, requirements and aspirations of common people and civil society of

Pakistan. 472Army’s approach is something difficult to handle the civilians. It is lacked

in “mass appeal”. Further, Zia legitimized all his actions through ‘The Martial law

order, 1985’ which gave him enormous powers to decide rule and regulations.473

471 Mumtaz Ahmed, The Crescent and the Sword: Islam, The Military and Political Legitimacy in

Pakistan, The Middle East Journal, Vol. 50, No. 3 (Summer 1996),p.373

472 Ibid.,p.373 473 Details of Pending Proceedings under The Martial Law Order are available in Appendix No XX

161

In the wake of non-party basis elections in 1985, there was elected civilian

government under military domination which reshaped the political system of

Pakistan. Some thinkers took elections as one of the ‘qualitative change’ in the

political edifice of the country. It generated the feeling among masses to see the future

of democracy at certain extent.474

Ironically, at the same time similarities could be

observed in assemblies formed under military control or non-military leadership. For

instance, most of the members of National Assembly were having background of

feudal system. Along with this reality, feudal lords had been rejected in 1970s

elections with the arrival of new kind of leadership of middle class.475 Most of the

times, elections in Pakistan revolve around some families and groups which strike the

competition on merit.

Table No: 5.1 Election a Way to Recruit a Leader on Merit

Recruitment of a leader on merit Number of Responses Percentage

Totally 8 11.8%

Partially 38 55.9%

Not at All 22 32.4%

Source: Prepared by the researcher.

Table no 5.1 reveals the fact that 55.9% respondents consider elections

are not the best source and method to recruit leaders in

Pakistan.Ironically,32.4% don’t believe in the notion of elections as one of the

important tools to bring leadership on merit in the countries like Pakistan. This

data presents an alarming sign for representative and elected leadership in

Pakistan.

In 1985 National Assembly, one hundred and seventeen members (117) were

having background of landlordism. Even though elections were held on non party

basis but they had attachment with one or the other party. Muslim League and PPP

474Rasul Bakhash Rais, Pakistan in 1987:Transition to Democracy, Asian Survey

Vol.28,No.2(Feb,1988),pp.126-136 475 Afzal Iqbal, Islamization of Pakistan, (Lahore; Vanguard Books,LTD,1986),p.132

162

were the parties that got place in parliament. This was a great indication that people in

Pakistan or voters were inclined towards political processes thats why they favored

parties nominees and candidates. 476

About elections and its results British newspaper

“The Sun” in its issue, published on 28th February, 1985 gave its opinion “This was

hardly a vote of confidence in President Zia. If he uses the election merely to

consolidate his own position he will not get the domestic stability he seeks. His wiser

course would be to lift martial law, allow his political opponents to operate and begin

moving toward the more democratic system the voters have endorsed”.477 It was

healthy sign to conduct elections because most of the citizens of Pakistan were happy

to be mobilized through elections and to be the part of the process of choosing their

representatives, even though they were rigged elections but people were happy to see

elections to be held after long time.

Gradually, it was observed that Zia did not like the working pattern of Junejo

when he started denying the authority of military. It was the height of tension between

prime ministers and president on various rather all issues and matters from political to

military affairs. The problems between Prime Minister and President were increasing

day by day which aggravated political situation in the country. Before, Prime

Ministers took any free decision and do something for rehabilitation of people’s

confidence in every respect, Zia derailed the political system which was called so

democratic set up. Besides Zia’s treatment with Mohammad Khan Junejo, it was true

to say that his government was not representing the true parliamentary form of

government. On the other hand Zia, with the introduction of PCO 1981 and RCO

1985, damaged the whole political structure of the country and society and also

maintained his supremacy till the day when Junejo’s government was dissolved.

It has often been said that this was changing time for Pakistan when PPP

leaders, Benazir Bhutto and Nusrat Bhutto returned from exile after the ending of

martial law in 1985. On 10th April, 1986, she reached Pakistan and welcomed by

thousands of Bhutto’s followers. She became confident and she got courage from the

huge crowed when she was received. But it was not enough and sufficient to kick out

the government under the patronage of military. On the other hand Zia made it very

clear to the government of Junejo that this was not transfers of powers rather sharing

476 Ibid. 477 Ibid.

163

of powers. Junejo tried to manage political office according to peoples’ mandate but

Zia was feared from this. Meanwhile, the bitterness between Prime Minister and

President was heightened when doubts and suspicion increased on certain political

matters.

Zia was doubtful about his standing and position in the presence of civilian

government and its working. Zia, still was relying upon his military strength and

generals for his security. He was not prepared to could not let politicians and others

curtail the authority of military. So Zia went for pre-emptive action against Junejo. He

dismissed Junejo and dissolved National Assembly on May 29, 1988. Provincial

Assemblies were also dismissed. Once again country was back to the square one.

Democracy, which is a process to filter awful and grimy elements of political system,

could not work properly rather; in Pakistan it generated poison in the minds of people.

Zia made so many allegations on Junejo and his government. 478

In later years it was proved that they were merely allegations Junejo although

appointee of Zia, was very polite and honest kind of political leader. He worked for

the restoration of fundamental rights of the people of Pakistan. He went for

developmental projects as well. Zia, after dismissal of Junejo’s government formed

caretaker cabinet. This was a unique arrangement to describe that a cabinet was

formed without prime minister as no caretaker Prime Minister was nominated.

Along with Junejo, Zia was the political personality who hardly cared and

bothered about constitution due to his established behavior. Zia made an other blunder

when, after the dismissal of Junejo’s government, he needed to justify his position as

President of Pakistan. For this, he introduced Shariah Ordinance in 1988.479This

Shariah Ordinance was covering almost every aspect of life; economy constitution;

family laws; fiscal law, tax laws, banking, insurances laws etc. He dismissed the

government of Junejo while using 58(2) B, with the authority he had grabbed after

bringing 8th amendment in the constitution of 1973. It was critical time from 1985 to

478 See detail account in Hamid Khan, 2005,op.cit.,p.394 479 Ibid., pp. 396-397

164

1988, Pakistan experienced with military oriented democracy which actually

restrained the democratic forces.480

All these steps which he had taken during his dictatorial regime, became

ineffective when he died in an air crash on August 17th, 1988. He was the most under

estimated figure in Pakistan’s political history. His friends and foes even did not

recognize him. He followed two kinds of facets or dimensions in his personality. 1st

was related with his private and personal life. 2nd

was related to his interaction with

political sphere as political man. There were some other developments which were

taking place around the globe specifically in Middle East and Arab world. It was

noted that during 1970s and 1980s, Islamic Fundamentalism got height in Arab

countries, which were challenging modern and secular nations and ideologies.481

Zia was considered as transformer, who transformed Pakistan from military to

so called democratic era. And when Zia died two main trends and features of Pakistan

polity emerged on political scene: they were as follows:

� Pakistan’s polity was divided not integrated.

� Military became indispensible institution of Pakistan’s Political System.482

It is undeniable fact that army has very significant place in politics of Pakistan.

In keeping with the needs of modern democracy, Zia reluctantly agreed to give people

participation that was obviously limited participation as manifested in 1985 elections

on non party basis. The main fact behind limited participation was military clasp,

which wanted to have guided democracy in the country which suited it.483 Democracy

got its footings in Pakistan by chance and it was matter of opportunity rather a process

in which masses were involved. The democracy which lost its true shape during Zia

regime again restructured after Zia’s death in 1988. It seemed that it was the time of

reinstate democratization process in the country.484 Zia Badly affected country’s

480 Vali Nasr, “Military Rule, Islamism and Democracy in Pakistan”, Middle East Journal Vol.58,No.2

(Spring,2004),p.195

481 John L. Esposito and James P. Esposito, Democratization and Islam , The Middle East Journal,

Vol. 45, No. 3 (Summer 1991) pp.-427-440

482 Seed Shafqat,1997,op.cit.,p.219 483 Ibid.,p.225 484 .Ibid.,

165

integration. His personalization of authority pushed country to regain its lost prestige

and honor. He divided the country into various groups and sects. He went for

exploitation of religious believers of different groups and used them against

minorities

As Zulfiqar Khalid Mulaka stated in Lawrence Ziring’s work that “There is

consensus among political scientists that Zia employed the civil and military

intelligence agencies to create and arm ethno-cultural and communal groups and

entangle them in confrontation with other sections of society which were reluctant to

yield to his rigid rule. While deliberately generating the Klashunkof and Heroin

culture, Zia completely neglected socio-economic development and thoroughly

corrupted all aspects of national politics.485 In view of the above discussed

developments and role of Zia-ul-Haq, following deductions are made:

Table No 5.2: Zia’s Policy Approaches and their Impacts

Policy Approach Pattern and Impact

Military Take over Pakistan again became hostage to one man’s

rule instead of people’s rule. Although at the

time of removal of Bhutto he announced that

“let the people decide” about their fate.

Unfortunately Pakistani people remained

under his control for a long period of 11

years.

Islamization It was his legitimacy fold under which he

could survive. It left negative impacts on

every sphere of Pakistani society. Damaged

the image of Pakistan as democratic liberal

modern state.

Referendum He played with sentiments of the people of

Pakistan while becoming President of the

country.

485 .Lawrence Ziring,1997,op.cit.,p.504

166

8th Amendment in the Constitution of 1973 It changed the whole political edifice of the

parliamentary government. This amendment

made president more powerful in Parliament

as he had right to dissolve Assembly

according to his own discretion.

Ban on political parties Political Parties Rules, 1986, Political parties

started forming Alliances.

Elections on non part basis Veteran political leaders came in Assembly

again. Junejo formed government under the

patronage of military man i-e Zia-ul- Haq.

Formation of MQM

Ethnic tension got momentum in Sind

province.

Control over Parliament It was a puppet government in the hands of

Zia and ultimately dissolved by the Zia using

the powers under 8th amendment.

Source: Prepared by the researcher by using various sources

5.8. Conclusion:

It was evident that Zia’s entry in politics was a situational phenomenon. The

conditions prevailed over the country at that time gave him place in politics. Zia

justified his position under the principle of law of necessity which later on did nothing

for the people of Pakistan. He was not having charisma rather an ordinary person who

destroyed Pakistan’s image internally and externally.486 Zia conducted elections,

referendum, local bodies elections, introduced Islamization, economic development

but all in vain, which lessened the smooth working of democracy as it lacked

institution building and developing sense among people to be active participant in

whole democratic process. During Zia’s regime, Pakistan witnessed not only threats

to democracy but real chaos in the name of ethnic conflict (sectarianism based on

486 Ibid.,p.510

167

religion), poor economy and inefficient leadership which pushed country into

quagmire of instability. He ruled over Pakistan for 11 years. During his reign he used

Islamic principles as one of the tools of strengthening his rule. Suppression,

oppression and repression remained the main features of his verdict of converting

Pakistan into an Islamic society.487

487 Mohammad Siddique Qureshi, Political Culture in Pakistan,(Islamabad: Dost

Publications,2002),p.371

168

CHAPTER NO. 6

Benazir Bhutto: A Legacy of Bhutto Family

(1988 to 1990:1993 to 1996)

169

INTRODUCTION

As observed in 5th chapter,

Zia’s period and his efforts to provide legitimacy to

his dictatorial rule was quasi democracy witnessed with divisions, intolerance and

ethnic conflicts, which undermined the real aspirations of the people of Pakistan. In

his 11 years rule he took number of steps to alter the political structure of Pakistan by

making numerous constitutional amendments distorting real spirit of the constitution.

This transformation of Pakistan’s society from modern secular polity to religious

polity did not go well with the requirements of a healthy transformation of the society,

but created numerous contradictions with long lasting consequences for Pakistan and

its people.

This chapter applies analytical approach to seek and dig out the reality of

Benazir Bhutto’s role along with her personality traits, background, political

orientations, behavior with other insinuations and policy matters in bringing

democratization in Pakistan during her two tenures. Effort has been made to correlate

leadership variable with democratization variables

To convolute this part of the thesis emphasis is on Pakistan’s revisited

democracy and cure of democratic setup and role of Benazir Bhutto that came after

long dictatorial rule of General Zia. Many writers and observers presented their point

of views about the role, placement and political character of Benazir Bhutto. She

herself was victim of dictatorial and authoritarian rule of Zia. She was castouted or

detained and faced hard time by Zia but consolidated herself in such a way where she

could challenge many of the traditional and old patterned political leaders in the

country. Her arrival in government was a matter of President’s preference. When

Islami Jamhuri Itehad(IJI) and Pakistan Peoples Party (PPP) could not get sufficient

majority required to form government, she was asked by the president to form

government being leader of the majority party as compared to other political parties

and groups. There were total 207 seats of National Assembly. PPP got 93 seats and IJI

remained second with 55 seats.488 When Benazir Bhutto was called to form

government, she was a young lady of thirty six. After assuming office of the Prime

488 Saeed Shafqat, Pakistan Under Benazir Bhutto, Asia Survey,Vol.36,No.7,(July,1996),Also see

Christina Lamb, Waiting for Allah,(New Delhi:Viking,199),pp.6-7.Resiultsof 1988 election see Appendix XXI

170

Minister she was became first Muslim lady to head a government in all Muslim

worlds in modern political history. 489

Before elections, Benazir Bhutto said that:

“Whether the PPP wins or loses the elections, we have won the possibility, at least, of

the return to democracy to Pakistan”.490

She further added that it was at the cost of the

blood of Bhutto family.

A close inquiry of the political situation of the country created by Zia’s

military rule, made Benazir feel proud to be called as a generation of politicians who

Gave their lives for the development, progress and stability of Pakistan.491 In 1988

elections, she portrayed her image as transformational leader and from 1986-1996,

remained very active in political sphere of the country. The greatest advantage

Benazir had was that in her early age she got political training from her father, the

way her father Bhutto was trained by his father Sir Shahnawaz Bhutto. She was a

renowned personality in Pakistan’s politics. A modern young and foreign educated

lady having in to contradictions i.e. one was her origin by birth a Sindhi feudal and

second her training and education in western style who believed in modern norms and

values.

With a rural and feudal background she was groomed in liberal modern

environment and it was difficult for her to cope with situation but she managed. After

seeing her father’s execution by General Zia, she became a daring person with high

endurance. 492She was the youngest female Prime Minister of any Asian country ever

in known political history. She became Prime Minister of Pakistan twice, but failed to

deliver, as expected by Pakistani society. Her role as political leader remained less

effective but more assertive throughout her rule. Even though, it is not a new

phenomenon to see the active role of women in “stimulating” democratic process by

their dynamic positions in political and social activities which has been extended493

uptill now.

489 Lawrence Ziring, Pakistan in the Tweinth Century,(Oxford: Oxford University press,1997),p.510

490Benazir Bhutto, Daughter of the East: An Autobiography, (Mondrian Paperback,1988) ,p. 390

491 Ibid. 492Christina Lamb,1991,op.cit.,pp.6-7 493 Mark R. Thompson, “Female Leadership of Democratic Transitions in Asia”, Pacific Affairs, Vol.

75, No. 4 (Winter, 2002-2003),pp. 535-555

171

Benazir’s appearance as political leader was not based on one element rather it

involved various factors. Saeed Shafqat pointed out different factors and elements that

were responsible to make her a political leader. These factors and variables played

significant role in formation of Benazir Bhutto as a political leader of 20th century.

They included; her family background, execution of Bhutto by Zia, her personal

acquaintance , her education at Red Cliff and Oxford , Zia’s Islamization process,

politics of electoral competition and behavior.494

Generally, in Pakistan and most of the third world countries similar factors

and variables are involved to make a person a leader. Pakistan is an elite based society

with elite politics. All development and transformation happens according to the

perception and pattern of these elites. Benazir Bhutto was one of those elites who got

her place as her right from upper structure of the society. Mostly, elites are foreign

educated, rich, wealthy, strong family background and Benazir had all this with her.

But one difference lies between Benazir and other leaders that she remained very

active and publically in touch with political affairs of the country since her

childhood.495Unfortunately, her stay in politics as prime minister disappointed the

people of Pakistan what they were expecting from her as public liked figure.

Although, Benazir Bhutto had great experience of politics since her childhood,

however, but she ignored some significant policy matters related to political parties

which were necessary for workable democracy. She used the platform of Pakistan

People’s Party as heir of Z.A. Bhutto who was the founder of PPP but she never put

PPP on democratic lines. There were no intra- party elections. Party’s structure and

organization was not formed on democratic lines. She removed many of the seniors of

PPP and recruited her new friends; relatively young, like Jahangir Badar, Aitzaz

Ahsan etc. Benazir’s attitude towards PPP as leader was not eager rather party’s

structure started getting weak due to behavioral pattern of its leader.

494 Saeed Shafqat, Pakistan Under Benazir Bhutto, Asia Survey,,Vol.36,No.7,July,1996.Also see

Christina Lamb, Waiting for Allah,(New Delhi:Viking,1991),pp.6-7

495 Lawrence Ziring, Benazir Bhutto: A Political Portrait, Asian Affairs, Vol. 18, No.3, (Fall, 1991)

172

6.1.MRD and Benazir Bhutto: A Struggle for Democratization

After execution of Z.A Bhutto by Zia from 1979 to 1981 Benazir remained

under detention. It was very hard time for her to live in confinement and tolerate her

father’s death which was not so simple to reconcile even for a common man of

Pakistan. Benazir was his beloved daughter among all children of Bhutto. She tried to

organize PPP and herself in such a way where she could throw out Zia as dictator and

redemocratize the country once again. She started working on rehabilitation of

democratic setup and for this purpose; PPP formed an alliance in the name of,

Movement for Restoration of Democracy (MRD). MRD was composed of 11 political

parties of rightist and leftist side.496

The political parties who were against Bhutto’s rule now rallied with PPP

under the banner of MRD as they had got fed up with the rule of military dictator

whose legitimacy was doubted by the constitution of 1973. This unity could not

sustain for long after the formation of Benazir’s government. MQM and ANP left the

support of PPP. It was observed that PPP started concentrating on its hold over

authority and power and its political leaders were not prepared to share powers with

members of other political parties which was a negative attitude.497

Justifying the working and actions of her government, Benazir came up with

such policies which further harmed and aggravated political situation in the country.

Once again democracy was wavering, even after getting elected people. Benazir’s

arrival in politics was the result of Bhutto’s charisma and she was aware how to

materialize and capitalize it. Somehow, she got success in it.

6.2. Benazir’s Opposition

Benazir became first woman Prime Minister of Pakistan. Her position and

status as a woman was not liked by certain orthodox elements in the society who

continued to oppose her in various forms. Some fundamentalist groups were against

Benazir Bhutto just for one reason that she was a woman and woman had no right to

496 The names of the Political Parties joined MRD were enlisted in previous Chapter 5th on ,p.156 497Saeed Shafqat, “Pakistan Under Benazir Bhutto”, Asia Survey,Vol.36,No.7,(July,1996)Also see

Christina Lamb, Waiting for Allah,(New Delhi:Viking,1991),pp.6-7.Also See detail account in Safdar Hassan Siddique, Real Politics,(Lahore: Ferozsons Pvt, LTD),pp.142-143.

173

be the head of government. 498

Besides, her opposition came from secular chief

contender like Nawaz Sharif. Such kind of attitude and gestures created problems for

her which culminated in her assassination by such religious fundamentalists in the

year 2007.

It merits attention that Benazir’s failure to understand and cope with the

political culture’s diversities in Pakistan led to failure of her government and weak

relations with other institutions. She was not in a position to control opposition’s

intricacies and conspiracies against her. It was noted by the scholars that when

Benazir assumed office of the Prime Minister, suspicion and opposition already

subsisted between the army and hers. It was due to misunderstanding and

misperception about Benazir that she was not loyal to the state and army of

Pakistan.499 She realized this fact so after her arrival in government, she tried to

develop normal relations with the military. The then chief of the army, General Mirza

Aslam Beg declared military’s neutrality and that if military interfered in political

affairs, surely it would impede the process of modernization in the country.500

Keeping democracy intact with the societies like Pakistan was a difficult task

which required lot of energy, efficiency, consciousness and vigilance. There were

certain areas in which conflicts arouse between Prime Minister and President.

Appointments of judges or appointments of military Officers caused big tension and

contradiction of policy that either the Prime Minister would do this or it fell down

under the domain of the President.501It became responsibility of Benazir to remove

such confusions in the Constitution.

It is pertinent to observe that either the fault lies with the Constitutional

provisions structurally or with the intentions of the people at the helm of the affairs.

They brought changes in Constitution for protection of their selfish interests. Z A

Bhutto himself brought changes in his own made Constitution because he was feeling

498 Some religious parties made an alliance in the name of IDA that includes, Pakistan Muslim League,

and some smaller parties such as MQM, Awami National Party and JUP. They had an aim to control PP’s victory in elections.

499 Saeed Shafqat, Civil Military Relations in Pakistan,(Colorado: Westview Press,1997),p.228

500 Lawrence, Ziring, “Benazir Bhutto: A Political Portrait”, Asian Affairs, Vol. 18, No.3 (Fall,

1991),p.185

501 Hamid Khan, Constitutional and Political History of Pakistan, (Oxford: Oxford University Press,2005),p.412

174

insecure from certain quarters and institutions of the political system. Again there was

debate and conflict on power sharing between the Prime Ministers and the Presidents.

It was because of 8th amendment which was still active and part of the Constitution

through which president got more powers than prime minister. It also changed the

whole face of parliamentary democracy in the country.

It has been observed in foregoing chapters that, all the civilian governments

promised to protect regional governments and identities giving them due authorities in

the name of provincial autonomy and decentralization. When MRD was formed, all

parties demanded provincial autonomy including PPP. Soon after assuming power at

centre, PPP just ignored that demand and commitment. Even though, Benazir was

giving gestures of compromise, agreement and accommodation but practically what

she did with various provincial governments especially Punjab was not a hidden story.

502

Paradoxically, Benazir’s government was in favor of autonomy of provinces

while having strong control of centre. Centre province relations remained strained and

tensed. Punjab being largest province and representative of majority of the people of

Pakistan always stood as deciding factor in the victory or defeat of any political party.

Surprisingly, in that time of point, PPP could not form its government in Punjab.

Notwithstanding, a political norm that a political party that forms its government in

centre obviously came into power in Punjab but for this time situation was opposite

and not easily reconciled by Benazir Bhutto.503

Benazir had little compromise with Nawaz government in Punjab and Nawaz

Sharif himself was not promising with good gestures with Benazir Bhutto.

Environment was hostile and not suitable for democracy. Strange and dirty politics

started when Benazir, on the advice of her party members and leaders launched no

confidence movement against Nawaz Sharif in the province of Punjab. The purpose

was to weaken the hold of Nawaz Sharif in the biggest province of Pakistan. The

relationship between the centre and provinces was affected badly which further

destroyed the principles of democracy and democratic norms. This situation gave way

to military and President to work for removal of Benazir’s government. It was

502 Saeed Shafqat, “Pakistan Under Benazir Bhutto”, Asia Survey, Vol. 36, No.7, (July,1996),p.659. 503 Ibid.,p.664

175

analyzed that on the political front as well as on other fronts Benazir government and

leaders proved inefficient and non accommodative which harmed the smooth process

of democracy.

6.3.Leader’s own Rivalry and Democracy: Lack of Tolerance

It is believed that a leader resolves conflict and ensures democracy to live

with difference of opinion. Two political leaders one in the center and the other in

provinces were not ready to give respect to each other’s opinion rather no clemency to

each other. It harmed the process of democratization in country. It was analyzed that

Benazir completely forgot the tussle between Liaqat Ali Khan at the centre and Mian

Mumtaz Doultana in Punjab, which left negative impact on the political process of the

country. It also destroyed the democratic setup and institution. It is evaluated that a

leader who does not take into account historical events cannot take right and dare

decisions; it was evident that she learnt nothing from the past experience.504

As it is noted that an effective leader is the one who learns enough from past

experience and doesn’t repeat his or her mistakes but Benazir had done enormous

blunders which led to her downfall. Once she was in power and her attitude towards

Punjab after losing elections in one of the biggest province of Pakistan, made situation

more worse and against her. Confrontational policies between two leaders of Pakistan

i..e Benazir Bhutto and Nawaz Sharif alerted the President. She was not familiar with

Pakistan’s political culture rather she was more politically, socially and culturally

orientated towards Wes, Western norms and values. Her inability to cope with the

behavioral pattern of the polity of Pakistan made her ousted from her office. Such

interactional pattern of both leaders compelled President to come forward and use his

discretionary powers.

President used his powers gained from amended Constitution of 1973 under

Article 58(2) b which had already spoiled the democratic set up of the country. It was

her statement and loud voice for democracy but nor development neither democracy

flourished in Pakistan during her rule where she could change the fate of the people of

Pakistan.

504 Lawrence Ziring,1997,op.cit.,p.513

176

Foregoing facts reveal that she did nothing effective for the working of fine

democracy in Pakistan. She remained indulged in promotion of her personality and

personal domination with no effort towards party’s development and restructuring.505

Her attitude towards political system i-e political parties, economy, and opposition

added to the crumbling political culture because it did not leave positive impacts on

common people of Pakistan. Democracy demanded delivering of the results and

outcomes of the formulated policy by the government, which Benazir government

failed in.

Throughout her tenure she insisted on democracy as her first and foremost

goal and objective. She did not accept the rule of IJI in Punjab which was negation of

one of the principles of democracy that is tolerance and accommodation. Pakistan is a

place of diverse identities where various kinds of small nationalities form a nation. To

live with these diversities and variations with harmony, compromise and unity is the

test of democracy. It does not mean that unity would be ensured through force but can

be achieved with respect. Democracy has an aim to end with tyrannical rule not to

spread it. Unfortunately, during military rule of Zia and civilian rule of Benazir,

terrorism, law and order situation, ethnic rivalries emerged in the country.

It is established that Benazir had failed to deliver during her first term. She

also could not develop her relation with citizens of Pakistan with confidence. It is

evident that democratization has a lot of with citizenry of any country that at what

extent a leader creates an ease and accommodation for citizens. Charles Tilly relates

democratization process with extensive citizenship in which citizen are boosted and

promoted towards positive direction, which can be possible by the role played by

leaders.506

It was pitiable during Benazir’s rule that people came out on roads for

strikes including women; children and opposition parties, MQM in Sindh province

were part of the gatherings which demanded her resignation.507

It was justified because

mass trust was shattered by Benazir’s policies related to economy and political affairs.

Benazir’s government was dissolved by President Ghulam Ishaq Khan on 6th

August 1990. She was ousted from her office and lost her political authority. She

505 Saeed Shafqat, Pakistan Under Benazir Bhutto, Asia Survey,Vol.36,No.7,(July,1996),p.665 506

Tilly, Charles, Process and Mechanism of Democratization, Sociological

Theory,Vol.18,Bo.1(March, 2000) 507 Lawrence Ziring, “Pakistan in 1990: The fall of Benazir Bhutto”,, Asian Survey, Vol. 31, No. 2,

(Feb, 1991),pp.113-124

177

condemned President’s action and took it as a smack on smooth democratic process of

the country. It was not a happy movement for Benazir. Her rule was alleged with

nepotism and corruption by the President. 508

During her regime the tension between her and opposition mounted. She was

targeted by the opposition on account of the place and role of her husband, Asif Ali

Zardari. She faced crises and pressures on almost all fronts. On ethnic side, she could

not attend ethnic issues and conflicts properly so that unity could be assured. It was

observed that when Benazir Bhutto came into power, she lacked vision and clear

strategy for the promotion of democracy. She was more depending on her father’s

inheritance in the form of mere rhetoric about democracy. Analysists highlighted the

role of her husband in her political life in following words: “Her Husband Asif Ali

Zardari had great influence over her and her politics. He made her clear and agreed

that she should use the strategy of Machiavelli not John Lock to be attached with

authority”.509

Furthermore, ethnic tension got momentum especially in the province of Sindh

during her rule. She failed to control that crisis. Violence and terror were used by her

government to keep such groups under control but they burst more510 Due to above

mentioned issues; Benazir could remain in power and assume her office just for

seventeen months.511 President Ghulam Ishaq Khan dissolved Assembly and caretaker

government was installed under the interim premiership of Ghulam Mustafa Jatoi.

New elections were held on October 24th, 1990 and IJI won 105 seats in

National Assembly and 50 more seats were added up by various political parties in its

position. PPP got only 45 seats. PPP faced major defeat in these elections. One can

508 Meanwhile her husband, Asif Ali Zardari was alleged to found in kidnapping of a British Citizen

but a Pakistani born Citizen in kidnapping case, in, Lawrence Ziring, Pakistan in 1990: The fall of Benazir Bhutto, in, Asian Survey, Vol. 31, No. 2 (Feb, 1991)pp.113-124

509 Lawrence Ziring, Pakistan: At the Crosscurrent of History,(Lahore: Vanguard Books, 2004),p.215

510 In February, 1990, in Karachi, ethnic riots were started and she gave an order to open fire without

any sympathy on killers and destroyers of the property, See detail in Lawrence

Ziring,2004,op.cit.,p.215

511 Khalid Bin Sayeed, Some Reflections on the Democratization Process, in, Rasul Bakhash Rais, State

and Civil Society in Pakistan, (Karachi: Oxford University Press,1997),p.27

178

easily analyze that election results were a complete rejection of Benazir Bhutto’s

place in politics and government of the country.

Her personal clashes and issues with various institutions of the state became a

major cause of dismissal of her government which was related with Nawaz Sharif and

President of Pakistan, Ghulam Ishaq Khan.512

Even though she got a marginal vote of

confidence from the house but not sufficient to sustain her rule for five years.

6.4.Benazir’s Inability to Deal with Economy

Economy plays significant role in the promotion and sustainability of

democratization of a polity. Lipset, a political scientist, presented correlation between

democracy and economic growth. It is not only Lipset who theorized this relation but

many others followed Lipset while saying that “Static societies tend to be rent-seeking

in which there are strong pressures placed upon government to redistribute income

towards politically powerful groups. To the extent that rapid growth allows the

dynamic elements in the society to achieve status and income independently of the

government, one could argue that economic growth and political freedom will be

positively correlated.” 513

It is obvious that the two are correlated with each other in

such a manner where it may lead to prosperity of human being.

During Benazir’s government economy presented gloomy picture. She could

not manage economy for welfare of common people of the country. She did not have

any concrete economic policy through which she could increase GDP, GNP lesser

dependence on foreign aid; generate employment opportunities and raise living

standard of common man of Pakistan.514 She tried to revive industrial sector through

Pakistan Industrial Development Corporation (PIDC) for improving privatization and

decentralization whose benefits were reach common man of Pakistan but it could not

succeed. Another step she took was the introduction of easy way for private investors

to get funds from governmental controlled banks, lost the confidence of investors.

Later on it proved to be an ineffective economic policy because she received huge

512 Ibid.,p.27 513 UK Heo and Alexander C.Tan, Democracy and Economic Growth: A causal Analysis, Comparative

Politics,Vol.33,No.4 (July2001),p.464 514Rasul Bakhash Rais, Pakistan in 1987:Transition to Democracy, ,Asian Survey,Vol.28

No.2,(1988),Also see in Saeed Shafqat, Pakistan Under Benazir Bhutto, Asia

Survey,Vol.36,No.7,J(uly,1996),p.659

179

blame to favor her friends and supporters. 515

All economic decisions were coming out

of single hand and that was Benazir.

Thus, economic policy was ignored and politics of favoritism and nepotism

was at its peak. Instead of employing effective policies, government remained

involved in patronage of PPP affiliates and associates which destroyed the system of

merit. Foreign aid from IMF and consortium led to more dependence on aid which

was becoming a trap for Pakistan. Also it was not meeting the requirement of foreign

debt return. On the other hand, Economic Survey of Pakistan declared that the year of

1989-1990 was a year of economic stability with having 5.2% GDP growth rate 516

The attitude of centralized authority and patronage was not something which

occurred in airs. It has certain place which is called political culture. Political culture

of any country can be well understood by the performance, organization structure and

function of its political party, procedure of the selection of their leaders that either

recruiting through merit or not.517 Although, Benazir was aware of the importance and

need of political culture, while addresses at the National Defense Colleges Benazir

said that “Pakistan’ should evolve a political cultural where traditions, public

institutions collective reasoning of the people and the leadership style made a

meaningful whole”518. She also said that “we have failed to evolve a political culture

which is able to strengthen and protect and sustain the institutions of state”519.It is a

fact that political environment of the country has remained hostile towards

development of viable political culture.

When she entered into politics, democracy was not visible anywhere in

Pakistan rather established in emotions of the people of Pakistan. On her arrival in

National Assembly, she faced opposition with harsh gestures. It was not easy for her

to continue and work under her own policy formula, even though, she was committed

515 Veena Kukreja,Contemporary Pakistan(,New Delhi: SAGE Publications PVT LTD,2003),p.234 516 Economic Survey, 1989-1990, Islamabad: Government of Pakistan Finance Division.

517 Inayatullah, Pakistan Politics: A Personal view, (Rawalpindi: Ferozsons

Pvt. Ltd, 1993),p.7

518 Ibid.,p.6 519 Ibid.

180

to have cordial, accommodative relations with her opponents.520

She started objecting

the government of Punjab and Chief Minister Nawaz Sharif. She called Nawaz Sharif

as “G.M. Syed of the Punjab” who worked with separatist attitude.521

The point was

that various tactics were adopted by Benazir to have control over the largest province

of Pakistan by hitting its Chief Minister Nawaz Sharif. It was seen that no

reconciliation and tolerance was shown by the Prime Minister.522

6.5.Benazir’s Second Tenure: 1993-1996

During her second tenure in October 19th 1993, in National Assembly polls;

she came with a new approach, enthusiasm and vision towards a new Pakistan. She

wrote in her autobiography, that she turned to be a woman from a young girl when

Zia kept her under confinement.523

Throughout, her rule from 1988 to 1990 Benazir

Bhutto failed to have political and cultural sensibilities rather IJI proved to be an

effective party to be followed. Benazir did not realize people’s attitude towards

America rather continuously supported America and considered America as last

option for the development of Pakistan. It was noted that she could not understand the

ground realities of politics of Pakistan and ignored aspirations of the people. On her

removal through vote of no confidence, she contacted President Bush of America and

tried to have pressure on president Ghulam Ishaq Khan, not to dissolve her

government. This time, she was audacious to take certain steps of her own choice.

According to her, it was necessary for the people of Pakistan to look outside of

Pakistan for their betterment. It was the year of 1989, 1 February when she addressed

the students of Liaqat Medical College Jamsharo and said that “we don’t here aim to

change our country into “grave yard silence”.524

On another occasion in 1994, while she was addressing in International

Conference for population and development said that “I dream for such Pakistan

520 Lawrence Ziring, Pakistan: In the Tweinth Century,(Oxford; Oxford University Press,1997),p.511 521 Ibid.,p.511 522 See detail in Hamid Khan, Constitutional and Political History of Pakistan, (Oxford: Oxford

University Press, 2005), Also for some useful insights on this point see Christina Lamb, Waiting for Allah, (New Delhi: Viking, 1991)

523 Benazir, Bhutto, Reconciliation, Islam, democracy and the West,(West London: Simmon and

Schuster, 2008), p.7

524 Nawa-e-Waqat, 27 December, 2010

181

where we can spend our social and economic resources for the welfare and

development of Pakistan.525

She was, at the same time, fighter and reconciliatory. She

never bent upon her opponents on any issue. She knew the ways and tactics to indulge

others on various issues. In her autobiography “Daughter of East” she penned down

thoughts and political approach of her father Z.A. Bhutto, she clearly stated that” I

have followed the mission of Shaheed Bhutto”.526During Benazir’s first term, the

major threat to democracy was mismanagement and poor governance. Benazir failed

to construct and develop institution on organizational basis. She could not reorganize

PPP through which it could maintain its vote bank in forthcoming elections; rather

PPP proved to be weak and instable.527

6.6. Benazir’s Relations With Opposition

Opposition is a must part of true democratic set up and she faced great

opposition tactics from various quarters. She did not like and never tried to build

consensus on matters of national interest and security with opposition. When she

became opposition leader in subsequent elections she faced the same attitude from

ruling party. Nawaz government was dissolved by the President and caretaker

government was installed. New elections were held in 1993.This time she remained

sensible in conducting governmental affairs at central as well provincial level initially.

In the beginning of her tenure she put forth a step towards cooperation and

accommodation between government and opposition.528

There was lack of working relation between Benazir and opposition led by

Nawaz Sharif, which affected the process of democratization in the country. It was

observed that when Benazir returned back to power, Nawaz Sharif being opposition

leader offered unconditional cooperation and support to prime minister. 529 She, not

only, learnt so many things from her previous tenure but also tried for this time to

525 Nawa-e-Waqat, 27 December, 2010

526 Daily Jang, 21 June,2010

527 For detailed study see discussion in Syeed Vali Raza Nasr, Democracy and the Issues of

Governability Pakistan, Asian Survey, Vol. 32, No. 6 (June, 1992),p.524

528She made overture towards the PM (N) and Nawaz Sharif to develop a working relationship

between government and opposition.

529 The Pakistan Times, 20 October 1993

182

bring fiscal stability and development in economic affairs.530

On 12th November, 1993,

opposition leader Nawaz Sharif announced and declared that opposition had no

intension to destabilize Benazir government, if it worked democratically, because in

his own point of view he had great respect, believe in democracy and rule of law. It

seemed positive and developmental gesture at that point in time when Benazir herself

invited Nawaz Sharif for discussion and dialogue, in return Nawaz Sharif’s response

was healthy and of good will.

These beliefs appeared very attractive and this was the time when she wanted

to bring change in Pakistan’s political culture and people’s behavior. She initially, by

applying her personality traits wanted to creates a vision for change of the beliefs,

pattern and working paradigm. But this change could not be sustained due to lack of

vision and discontinuity of the policy of change. The reason behind was opposition’s

character of no response and non accommodation which led towards previous

traditional handling of opponents. It had bad effect one smooth working of the

government. It remained a fact of Pakistan’s democracy that neither politicians nor

military men followed same action against their opponents. For Benazir, to control

Nawaz Sharif’s activities and attitude against her was not different what Nawaz Shari

did with her. It was not a new policy followed by Benazir but remained reality of

Pakistan’s political history that during Nawaz government same happened with

Benazir Bhutto being national leaders, now she tried to keep herself attached with

various institutions of the country so that her role and character could be normalized.

She made a speech in National Assembly and said that “we accept opposition leader

as opposition leader.531

Whereas, initially when she won the elections and had intention not to go for

creating tensions with her opponents had little background. She was fully determined

that she had to hold power again and for this purpose, she followed the advice of

British Prime Minister the then Margaret Thatcher, “not to fight with other rather let

her enemies to quarrel with each other.”532 She understood the sensitivity of the

530 The Pakistan Times, 7 November 1993 531 Benazir Bhutto’s speech retrieve from www.YouTube.com.

532This analysis is made by Mustafa Akmal in Research Paper “Did Benazir Bhutto Hold Great

Leadership Qualities” pp.102-69

183

situation which was prevailing over the country after facing removal of two elected

civil governments by unlimited powers of the President.

Benazir Bhutto saddled with ethnic conflicts in Sindh Province which was her

native area. She got majority in Sindh but Karachi, which was largest, much

developed and commercial zone of the country was represented by MQM. Due to

tensions between her government and MQM on management of affairs of the

province and non accommodative behavior of MQM, she called MQM as “Terrorist”

organization and denied its representative states for whole of Mohajirs community of

Sindh.533 Benazir condemned the placement and activities of MQM. This policy of

Benazir exposed the character and role of MQM in front of people of Pakistan but had

negative implications as well. The whole civic, cultural social and economic activities

of the people of Sindh especially Karachi had been affected badly.

Besides all these tensions, Benazir Bhutto failed in delivering economically

and administratively, as riots started in Karachi and MQM became more violent in

Karachi. Corruption, price hiking, inflation and poor management of economic

resources and giving less concessions to the people which made Benazir’s

government weak but not stable and to be continued.534

Main problem which confronts Pakistan since its inception is that leaders

could not evolve a viable political culture and process which reflected their inability

to construct institutions in such a way where they could cope with people’s

needs.535The stimulation of political culture for the process of democratization is a

responsibility of leaders, intellectuals and political parties but more with leaders as

following table shows the data which is collected from the Parliamentarians and

Social Scientists of Pakistan.

533 Ibid.,p.670 534 Ibid.,p.672

535 Lawrence Ziring, Benazir Bhutto: A Political Portrait, Asian Affairs, Vol.18, No.3 (Fall,

1991),p.188

184

Table No: 6.1 Inculcation of Political Culture among People of

Pakistan

Responsible to Inculcate Political

Culture

Number of

Responses

Percentage

Leaders 26 38.2%

Political Parties 20 29.4%

Intellectuals 20 34.9%

No Response 2 4.8%

Table No 6.1 specifies the responsibility of the leaders to induce political

culture among people of Pakistan. We know that political culture engaged beliefs,

attitudes and orientations for political system at various levels. Political culture has

four types; Parochial, Subject, Participant and Civic. Social Scientists of Pakistan

made leaders liable to determine the norms, ethos and behavioral pattern of

individuals towards political system at any level which further can be categorized on

the basis of their features. Political Parties, on the other hand has significant role in

shaping and reshaping the behavior of an individual in a given polity. Political parties

have share of 30% in impacting political culture of the country which is not different

from the role of leaders. Also it becomes responsibility of intellectuals with their ideas

and thoughts to orientate people’s thinking towards the working of political system.

Intellectual’s role is equally signified with leaders and political parties where they

become one of the major source of development and modernization of the country.

In this context, the fact is that Benazir’s first government was dismissed by the

Presidential order and it could not be finalized that Benazir Bhutto’s arrival and ouster

in government was a parameter to perceive democracy’s presence in the country.

Rather, it is blatantly an error to think like this. Her role as mediator between and

among various issues, conflicts, establishing institution and her performance were the

levels to measure democracy. 536

During Benazir’s rule ethnic tension got momentum

536

Veli Raza Nasr, “Democracy and the Crises of Governability in Pakistan”, Asian Survey,

Vol.32,No.6,(June,1992),p.537

185

in Sindh. Leaders are supposed to ensure economic resource distribution equally and

adequately among all identities. Representation of all diverse identities in political

sphere is also done by leaders. Leader’s attitude and behavior determine their

placement in any society where they live together with tolerance and accommodation.

But it was not to be true in Benazir’s rule. She even, did not spare her brother and

mother when they tried to hold PPP. 537

6.7.Benazir Bhutto and Political Parties

Role of political leaders depend on political parties and their functions.

Democratization process is affected by structural functional efficiency of the political

party.538

Benazir spoke about two party systems in the country and brought various

changes in party structure and its functions during her second term. Meanwhile, her

brother, Mir Murtaza Bhutto was assassinated in Karachi in a police operation on 20th

September, 1996. It was an attempt to sabotage the process of smooth working of

government and one more thing which struck Benazir’s rule was that her mother

alleged Benazir for her son’s killing. According to her Benazir and her husband Asif

Ali Zardari both were responsible for his death. It was a matter which remains

unresolved. Certain quarters interpreted it as a conspiracy against Benazir and some

were of the view that it had conflict background when Murtaza Bhutto wanted to run

PPP replacing Benazir as real heir of Z.A Bhutto, but it was not acceptable for

Benazir and her husband.

It becomes true to say that PPP’s structural and functional weaknesses were

responsible for such a conflict over the chairmanship of the party. Ironically said

when there is no body to make you accountable for your misdeeds and misconduct,

there is no use of telling lie and this practice may prevail in democracy but not in

dictatorship which was evident during Benazir’s rule.539 PPP was a personality

dominated political party whose following was based on Z A Bhutto’s charisma and

537

This analysis is made by Mustafa Akmal in Research Paper “Did Benazir Bhutto Hold Great

Leadership Qualities” pp.102-69

538Leo E. Rose, Political Parties and the Democratization Process, Rasul Bakhash

Rais,1997,op.cit,.p220

539Emma Duncan, Breaking the Curfew: A Political Journey through Pakistan,(London: Arrow Books

LTD, 1989) ,p.289

186

most of the political parties are formed in Pakistan in these lines. Question remains in

the mind of the researcher that what kind of political parties suit Pakistan’s political

system either ideological, personality dominated or parochial nature. For this, answers

are collected by Parliamentarians and Social Scientists which are as follows:

Table No: 6.2 Political Parties Suit Pakistan’s Political System

Kinds of Political Parties that suit

Pakistan

Number of

Responses

Percentage

Ideological 44 64.7%

Personality Oriented 16 23.5%

Parochial 4 5.9%

No Response 4 5.9%

Table No 6.2 shows that 64.7% Social Scientists clearly said that ideological

parties suit Pakistan’s political system. Other political parties are not so effective to

mobilize and orientate people in such a way where they would be recruited as

representatives of the country.23.5% are in favor of personality dominated political

parties. They are of the view that one charismatic leader should lead a political party

so that power and authority cannot be misused. Interestingly,5.9% favored parochial

parties because such parties can socialize people at their door steps. In this regard,

Benazir Bhutto became popular among PPP’s members and workers due to which

PPP remained as personality dominated political party of the country.

Benazir Bhutto tried to develop and continue healthy relations with other

political parties and political leaders. It was a coalitional government but successful in

continuing and having confidence over Benazir, which made her confident enough in

launching policies of her own choice. Relationship between Benazir and opposition

remained hostile when Benazir realized that Nawaz Sharif no longer wanted to enter

in dialogue and negotiations, she formed a plan to cut down the place and role of

Nawaz Sharif and his party members among them some were very prominent in PML

187

(N) and Pakistan Politics.540

It was retrospective policy led by Benazir because Nawaz

Sharif did the same with Benazir during his rule. It presented a dark side of

democracy because no tolerance, accommodation and reconciliation could be

displayed by Benazir Bhutto.

6.8Relations with Military

Benazir, unlike her first tenure, remained very calm and cooperative towards

army. She did not interfere in military affairs as it remained a tradition of Pakistan’s

civil-military relations. Benazir also supported “Operation Clean Up” in Sindh in

November 1994. It goes in the benefit of Benazir Bhutto’s rule. Democracy is the

process in which one gives respect to others powers and place and that is what

Benazir had done with military when she adopted the behavior of non intervention in

military affairs. Military, on the other hand, gave encouraging gesture and this mutual

confidence not to interfere in each other’s sphere was a healthy omen for smooth

democratic process.

Similar to her first regime, in her second tenure, she faced crises situation in

Karachi, a modern, developed city of Sindh province. It was analyzed by scholars and

observes that her first government was dismissed due to improper handling of this

issue which became great cause of tension between Benazir and Mohajir Quomi

Movement (MQM) on ethnic bases.541 MQM was the party about which Benazir had

openly declared that, it was a terrorist group and great threat to state security. Benazir

failed to reach any reconciliatory point through which she could stop gorilla activities

of MQM.542 Such conflicts created and evolved a situation where everyone talked

about government’s legitimacy and Benazir’s position as a political leader who failed

in developing consensus on certain issues in Sindh related to Mohajirs-Sindhi

conflicts.

540. Saeed Shafqat, Civil Military Relations in Pakistan,(Colorado: Westview Press,1997),p.241

541See detail Benazir’s relations with military during her second tenure which left positive effect on Benazir government, in, Saeed Shafqat, 1997, op.cit., p.242,and MQM stands for Mohajir Quomi Movement. It was a political party formed under the patronage of General Zia ul Haq to curtail

Bhutto and in Sindh in 1984. It became acknowledged fact that Zia promoted MQM.

542 Ibid.,p.243

188

6.9.Benazir’s Economy vs. Democracy

Benazir tried to develop economy and generated sources for people’s

employment and induction in various industries. She wanted to have

� FDI in various projects

� Privatization

� Structural Adjustment with IMF

Three positive developments took place when foreign exchange and foreign

investment increased a little. World Bank, IMF, and IDB gave loan and grants to the

government of Pakistan. America also loosened the sanctions on Pakistan. But all

these gestures couldn’t overcome the issues and problems of Pakistan’s

economy.543Benazir, unlike her father preferred privatization. It is somehow,

confirmed by the opinions of the Social Scientists.

543Lawrence Ziring, Pakistan at the Crosscurrent of History,(Lahore:Vangurd Books Pvt LTD,2004)

p.238

189

Table No: 6.3 Measures to Manage Economy

Steps to manage economy Number of Responses Percentage

Through Privatization 34 50.0%

Through Nationalization 10 17.7%

Through FDI 18 26.5%

No Response 6 8.8%

When it was requested from the Social Scientists that what economic measure

have taken by the political leaders to manage Pakistan’s economy then majority were

in favor of privatization policy with 50% as table no 6.3 reveals, while a large number

of Social Scientists after Privatization measure, believes in FDI as one of the effective

measures to manage economy of the country. As there is a connection between

democracy and economic development when Lipset and Huntington came up with

views that well the nation with economy is well to do in the world. It is not a new

phenomenon that economy directly influences the political development of the

country. On the other hand 17.7% support the policy of Nationalization and 8.8% did

not show any kind of response.

Democracy could be ensured through strong stable economy, people’s

participations and mobilization, fair and transparent elections and strong structural

pattern of political parties. Benazir failed in most of the fields to give benefits to

people of Pakistan. Nepotism was also one of the major hurdles in the way of the

democracy. Benazir’s husband, Asif Ali Zardari was alleged with corruption cases but

Benazir was quite on that issue.544

It was ironically stated by Birjees Nagy in his work

that “Benazir made frequent visits to abroad on state expense. She was not doing so in

the interest or promotion of the nation rather for promotion of her own image, she was

not taking and considering states purse rather larceny herself with lot of offerings

from abroad”. 545

544 Saeed Shafqat,1997,op.cit.,p.246 545 Birjees Nagy, Pakistan: A Land of the Betrayed, (Lahore, The Frontier Publications, ND),p.389

190

Benazir’s government suffered particularly due to economic policies of

previous government, Nawaz Sharif, who was unable to calculate cost and affect of

any project launched by him. She had to face very critical time due the opposition

leader Nawaz Sharif and by her mother and brother. Benazir also had problem with

other government institutions i.e. ISI and military. She wanted to keep them under

strict control so as to prevent her ouster. During Benazir rule it was difficult to say

that Pakistan became a place where democracy could flourish, norms and values

could be evolved. Not a single policy and step led towards ensuring and stabilizing

democracy and democratic calisthenics. Rule of law, as one of the major tenant of

democratization was really troubled in her period. Her attitude and role towards

judiciary made it clear that she had no respect for rule of law rather she believed on

manipulations and intricacies for strengthening her rule and government at any

cost.546 She did not hesitate to interfere in matters which were not falling in her

domain. The issue, on which Benazir’s interference could be observed, included;

� Separation of judiciary from executive

� Local bodies Case

� Clashes with the judiciary547

Benazir considered all decisions made by judiciary against of her because all

appointment of judges of the high court on her recommendation were declared null

and void and presented for review. It was not healthy sign to be highlighted on

political scene of Pakistan’s political system that executive and judiciary had worst

kind of interaction which sabotaged the process of democratization. 548It was also

analyzed that judiciary had its independent stance on various issues. Among them,

Judge’s judgment was a remarkable step to ensure independence of judiciary and

significant for one another reason that is people’s right protection.

In the context of independence of judiciary, separation of powers between

executive and judiciary ensures protection of people’s right from any threat. If every

organ works within its boundary, lesser are the chances of exploitation and

546 Ibid.,p.239

547Hamid Khan, 2005.op.cit.,pp. 440-450

548 Ibid.,p.449

191

manipulation. Many a times she spoke about the role of her father and herself in

bringing democracy. Once she addressed members of the National Assembly and said

that “My father preferred to stay at district jail Rawalpindi. Myself preferred to stay at

southern jail without lawyers, visitors and we fought for democracy, restoration of

constitution, rule of law and for emancipation of the people of Pakistan.549

She talked

about, democracy, human rights, free media and transparent government. In this

address she emphasized that she will run country with reconciliation, peace, civil rule,

ending militancy and poverty, building institutions, and democratic set up to provide

education and hope to the masses of Pakistan. 550

6.10.Benazir and Misgovernance

Despite the fact that Benazir Bhutto played a significant role in rehabilitation

of democracy, yet she failed in translating her vision into reality for the sake of their

people and the country. To take issue of clash on judges judgment between Benazir

and President tensed the situation.551

It prolonged and President registered a reference

against her on September 21, 1996. 552

There were certain other factors involved in

removal of Benazir from her office. They were of political economic, social as well as

constitutional nature. They were such as:

� Misgovernance

� Devaluation of Rupee

� Poor Balance of payment

� Taxes increase

� To topple down the government of Punjab by maneuvering the political

situation

� Opposition stance on Benazir’s administration.

549 Benazir Bhutto ‘s Speech retrieve from www.Youtube.com

550www.benazirbhutto.com/speeches interviews/htm/in an interview with India today Editor Prabu

Chawla for AajTak retrieve on 10th October,2012

551 See details of Judges Judgment in Appendix No XXII 552 See detail discussion in Hamid Khan, 2005,op.cit, p.450

192

All these factors became the cause of her ouster from political power.

Furthermore, President Farooq Ahmad Khan Leghari dismissed her government on

4th November, 1996 with the usage of Article 58 (2) B. In dissolution order, numbers

of charges were put on Benazir including; killing in Karachi, failure in maintaining

law and order situation, confrontation with judiciary, interference in judicial sphere,

exploitation of basic rights corruption, violation of constitutional requirements.553Law

and order was the main thing to be established in which Benazir completely failed. It

was evident in Karachi where thousands of innocent people were killed brutally.

Horse trading was another feature of her rule. Judiciary, economy and her family, all

became vital factors in shaping the fate of Benazir’s rule. Her rule was not in line with

the vision what she had shown in various speeches of her.

Paradoxically, it was stated by Christina Lamb in her work “Waiting for

Allah” that Pakistan is that country which is killing its future.554 Benazir’s

maneuvering to oust Chief Minister of Punjab who at the same time happened to be

opposition leader was against her own stated objectives. It was a denial of her address

to the nation at the time of being Prime Minister of the country where she said that

“Whole generation is prepared to put its energies to protection of the country, hunger,

poverty, humiliation would be ended and shelters would be given to everyone who is

without shelter.555

Gradually things were becoming worse to the level when it was

written on Karachi wall that:“We apologize for this temporary democratic

interruption. Normal martial law will be resumed shortly”.556

It was a taunt on Civilian

democratic government that no stone was left unturned to create an environment and

situation where military could easily come in politics and justify its entrance in

political system.

Christina Lamb evaluated the situation of Pakistan and quoted an example of

pre-partition that Allama Iqbal in his last letter to Mohammad Ali Jinnah wrote that

Pakistan was to be achieved to feed Muslim masses and people but it proved to be

opposite of it. After making of Pakistan every leader tried to fraud masses in the name

of bread, shelter and cloth. To talk about democracy and living for the cause and

promotion of democracy is just a drama to keep elites and leaders intact with power,

553 Ibid.,pp.452-453 554 Christina Lamb,1991,op.cit.,p.19 555 Ibid.,p.111 556 Ibid.,p.276

193

even at the cost of masses of the country. Otherwise in the words of Bertrand Russell

“At what stage does a man prefer a bag of grain to the vote” which has remained the

main feature of Pakistan political system after the demise of the Quid-e -Azam.557

There was another issue raised during Benazir’s second term. She used to talk

and speak about democracy. What she did herself in the name of democracy was very

evident when she curtailed the term and donation of local bodies office and elected

representatives were replaced by bureaucracy. It is an acknowledged fact universally,

that local bodies played pivotal role in brining and ensuring democracy in any country

of the world. They played role as nurseries to groom future leadership and for leaders

masses became great support. Opposition leaders were the product of the same system

and gained widespread support from masses which was hard to reconcile by Benazir

Bhutto. Therefore she went for minimizing and decreasing the level of support of

people for opposition. 558This policy of Benazir not only harmed her image as

democratic leader but also democratic process in the country. Benazir’s regime had

two aspects related to working for and under democracy. Firstly it was a rule though

elections according to people’s aspiration, peoples representatives came into power

and Secondly, it minimized the efficiency of political institutions due to which ethnic

conflicts arose, economy was presenting gloomy picture and social fabric got torn

apart.559

While taking into account the policies and role of Benazir as national leader of

Pakistan, it was correctly evolved by “Vali Raza Nasr” when he correlated these

deficiencies with democratization process that such issues would be encountered by

the polity whenever it is passé through democratization. He argued on his point while

seeking defacto rule of military man and at certain point in time low level of

legitimacy of political leaders and politicians.560

Veena Kukreeja took Benazir’s policy of making compromises and

accommodation as “Troika System” through which powers were equally shared by

political leaders army and bureaucracy. But it does not sustain throughout Benazir’s

557 Ibid.,p.167 558 Safdar Hassan Siddique,2004,op.cit.,p.153 559 Veena Kukreja,2003,op.cit.,p.255 560 Ibid.,p.225

194

rule. It was obvious for scholars and observers to evacuate the nature of relationship

among these three which later on deteriorated. The issues of triangular were as under:

� IJI and PPP tussle (In first term)

� Conflict between centre and Province Punjab.

� Clash between President and Prime Ministers.561

Along with above mentioned conflicting matters the issue of separation of

powers has polluted the whole political environment. Workable democracy could not

flourish rather decaying. Poverty, ignorance, destitution, diseases and all kind of ills

and weaknesses were big questions in front of making democracy successful in

Pakistan. Socio-economic conditions were the major factors to determine the place of

democracy either to flourish or deteriorate. It is well evaluated by Mushtaq Ahmad

that “if cabinet, prime minister, president, judicial institution are not working for the

masses and not giving meanings to deprived is useless”. 562

.

Benazir Bhutto, in her initial period was conscious about the rule and her

defeat but gradually when she established her rule on strong footing, she altogether

changed her temperament and working pattern. She appeared to be more authoritarian

and feudalistic in nature. According to Birjees Nagy, Benazir’s whole second term in

power revolves around two things.

� To set her own interest

� To imply American mandate over Pakistan’s People.563

In the pursuit of the promotion of her self interest she tried to develop her

relations with military to seek stamp on her stay in politics of Pakistan. It was

observed that not a single leader, except Quaid-e-Azam and after that Z.A Bhutto,

made an effort to build institutions on stable footings. Throughout the political history

of Pakistan, political institutions and structures have remained unstable. Principles of

separation of power and balance of power were sabotaged and misused. Horse trading

became feature of the house instead of talking and discussing about crucial social and

561 Ibid.,p.229 562 Mushtaq Ahmed, Benazir: Politics of Power, (Karachi: Royal Book Company,2005) ,p.305 563 Birjees Nagy,op.cit.,p.391

195

economic problems of the country.564

Two mainstream political parties, PPP and PML

(N) were not organized on structural functional basis rather remained personality

dominated parties. The personalities were not coming out of common people rather

imposed from top which denied democratic culture within parties. Another problem

could be seen that parties were going to be splited. PPP was also splited. Both Nawaz

Sharif and Benazir were sharing same agenda and walking on same road. One was

revengeful and other was agitational. PPP and PML (N) used same tactics and

strategies to curtail each other’s rule and authority.

They fought personal war with each other not on national issues and schema

rather for individual benefits. They did not get anything out of such rivalry except

hitting the democratic process. If they wanted to do something against or for each

other, it should have been under democratic norms and values.

Table No 6.4: Benazir’s Policy Approaches and their Impacts

Policy Approach Pattern and Impact

Bhutto Legacy Popular among people of Pakistan won the

elections of 1988.She used vote bank of her

father.

Confrontational Politics Conflict between President, Prime Minister,

Opposition, Judiciary and Army got high.

Institutions became weak functionaly.

Privatization and Structural Adjustments Short term benefits, employment got

increased a little. GDP became 5.2%, during

her second tenure. GDP increased to 6.1%.

Modern and liberal women as prime minister Fundamentalist and rigid groups got space in

politics and society of Pakistan.

Source: Prepared by the researcher by using various sources

564 Ibid.,p.245

196

6.11.Conclusion:

In conclusion, socio, politico and economic conditions weakened the country.

Benazir’s power game was coming to an end. Situation worsened when her brother

was killed and her husband was alleged for his murder .It damaged the credibility of

Benazir. Soon after, the death of her brother, Benazir alleged President Farooq

Ahmad Laghari for the killing of her brother which further aggravated the situation

and polluted the political environment of the country. It also indicated that counting of

Benazir’s rule’s days was over now and her government was finally dismissed by the

President on 5th November 1996, when he released a ‘Dissolution Order.’ Her rule

presented a setback for the smooth flow of democratic process in the country. Despite

all weaknesses, she was able to have sizable following for herself and for her party.

Now she was less on Bhutto’s legacy but more on herself.

197

CHAPTER NO. 7

Nawaz Sharif: The Chosen Leader Transformed

into Politician

(1990-1992:1996-1999)

198

INTRODUCTION:

The foregoing analysis and observation pointed out that Benazir Bhutto’s stay

in government being Prime Minister of Pakistan for two times made Pakistan more

vulnerable towards achieving the level and standard of modern and liberal

democracy.In this chapter, the correlation has been developed between the qualities

and role of political leadership of Mian Nawaz Sharif in bringing democracy in

Pakistan.

This chapter is going to put emphasis on shifting of political office of Prime

Minister Benazir Bhutto to Nawaz Sharif. It deals with the steps of policy approaches,

personal traits and his background (economic, social and political).In this chapter

numerous factors and variables have been discussed which caused democratic

uncertainty in Pakistan and dismissal of his government. It is worth noting that Nawaz

Sharif’s government failed to capacitate Pakistan’s people to be a part of the process

of democratization. Many scholars had an opinion about Nawaz Sharif that he was not

the promoter of democracy rather exploiter of democracy in the country. It also

throws light on the working of Nawaz Sharif as an elected representative of common

people of Pakistan.565

This chapter is an effort to highlight and focus on the role played by political

leadership of Nawaz Sharif in establishing and sustaining democratic order in the

country where one previous elected and democratic government has been dismissed

by the sole order of the President of the country. The democracy and democratic arena

since the inception of Pakistan has remained under strain and distorted by various

factors such as political culture, super structures of state, institution and most

prominently, political leadership.

In this chapter, the major themes of democratization will be discussed keeping

in view the role and performance of Nawaz Sharif. These themes include elections,

people’s participation, economy, rule of law, institutional building, and constitutional

565Abdul Sattar Ghazali, Hegemony of the Ruling Elites in Pakistan, (Eagle

Enterprises,2000),http//.ghazali.net/book3/toc.html.

199

sustainability. Therefore this chapter will not focus on previous government but on

Nawaz Sharif’s contribution as political leader to ensure democracy.

Nawaz Sharif was one of the prominent political figures of Pakistan’s politics.

He has great influence over Punjab that is biggest province of Pakistan in every

respect i.e. population, economic resources, manpower resources etc. His first term

started on 1st November,1990 and ended on 18

th July, 1993. Nawaz Sharif on the

platform of Islami Jumhuri Ithad (IJI) won majority and formed government in center

but at the same time he did not lose his position in the Punjab the biggest province of

the country. Besides, he controlled (Sindh) Karachi through Muhajir Quomi

Movement (MQM).He was an elected premier but was also representative of the

business class. He was the joint owner of his industrial group, which as built on an

iron business. He developed his relations and ties with various people and groups who

flourished during General Zia’s period and remained under the patronage of Zia-ul-

Haq. Within a few years, these groups grew into different modes when they entered in

various amalgamations i.e. marriages, business and politics.566

He got an opportunity to get himself into politics of Pakistan under Zia-ul-

Haq’s regime. He started his political career as finance minister in the province of

Punjab with the help and support of the army. It is evident that he got his first entry in

political arena of the country under military rule. Later on, he served as Chief

Minister of Province of the Punjab during Benazir’s government in centre. Gradually,

he got prominence in political spheres of Pakistan being Punjabi and then he retained

his position in Lahore which was his native city for electoral victory. He gave tough

time to Benazir Bhutto’s government in centre being an opposition member and the

Chief Minister of the biggest province of Pakistan. When Benazir’s first government

was removed by a presidential order, it was a great shock for Benazir but a moment

and a chance for IJI leader Nawaz Sharif to hold the position of premiership. Grounds

were prepared for the electoral victory of Nawaz Sharif, a leader of coalitional parties

under IJI. Before 1990 elections, in an interview with New York times on 24th

September,1990 caretaker Prime Minister Ghulam Mustafa Jatoi clearly said that

566Saeed Shafqat, Civil Military Relations in Pakistan,(Colorado: West View Press,1997),p.236

200

“1990 election is going to revolve around only one point that is the justification of

Benazir’s dismissal”. 567

Regretfully, Prime Minister Jatoi in his interview on PTV and Radio channels

dictated people of Pakistan in favor of IJI. He orientated the masses to use their votes

for IJI because that was Democratic Party and believed on democratic norms. One can

evaluate how it could be a democratic when lacked in tolerance against its opponents

and how it could be a believer of democratic set up while dictating people what to do

or not which ultimately will benefit them.568

Furthermore, IJI criticized PPP and Benazir for being rulers of family

hierarchal based set up and claimed itself a democratic alliance. Blame game was

started before 1990 elections. Benazir Bhutto was alleged numerous charges. Some

very serious allegations were put on Benazir’s Bhutto as a “great danger to Pakistan’s

security”.569 When Nawaz Sharif got elected as Prime Minister of Pakistan for the

first time in 1990 elections. With having 105 National Assembly seats was valuable

position already. Saeed Shafqat has discussed Nawaz Sharif’s position in Pakistan’s

politics in detail and in analytical perspective.570 Nawaz Sharif as a businessman was

the first Prime Minister of Pakistan who belonged to urban based business

background. It was a great change to have person at the helm of the affairs who was

not from landed aristocracy. 571When Nawaz Sharif got elected as premier of the

country, it was assumed that he will follow the orders of the high commands i.e.

military and President etc. But in contrast of this, he proved to be so strong,

independent and firm in his decisions and actions. He took certain steps in which

President got annoyed with Prime Minister. He announced to end up with the posts of

commissioners and Inspector General Police for Islamabad by saying that there was

no need of these positions for such a small population. This act was not appreciated

by the President. It was the beginning of mistrust among political leaders. Infact,

567 New York Times, 24 September,1990 568 Ibid. 569 Ibid.

570 According to Mushtaq Ahmed,in1990, November elections, the attitude of Political Parties was so antagonistic towards each other which harmed country more.

571 See detail of results, positions and seats of majority parties in elections of in Lawrence Ziring, The Fall of Benazir Bhutto, Asian Survey,Vol.31,No.2,(Feb.,1991)Also see Appendix XXIII

201

Pakistan plunged into a dilemma when clashes and contradictions arose among

personalities on the issue of separation of power.572

It remained an issue in Pakistan’s

political set up to challenge each other’s authority either is a matter of authority of

president and prime minister or relation between government and opposition.

7.1.Nawaz Sharif and Opposition:

When Nawaz Sharif came into power, he had one thing in his mind to counter

Pakistan Peoples Party (PPP) and maintained its position as dormant political party in

the country. Even before elections of 1990, his party started hitting Peoples Party and

got support of various institutions to go ahead. Nawaz Sharif filed numerous cases

against PPP officials, Benazir Bhutto and her husband, Asif Ali Zardari. In these

cases, most of the allegations were launched during care taker government of Ghulam

Mustafa Jatoi which doubted the whole process of acting and running the government

of Pakistan. On the other hand, Benazir Bhutto showed her resistance to accept the

election results as they were rigged, she claimed. Nawaz Sharif government accepted

the challenge under one plea that PPP had lost its connection with the masses of

Pakistan that’s why it did not get majority of votes in elections.

Lawrence Ziring made an observation on elections results of 1990 and said

that PPP and IJI, the two parties were different from each other on the basis of their

norms of political culture which were the main reasons to portray and project their

agenda and programs.573 Pakistan Peoples Party projected its agenda on the basis of

feudal mentality and pattern where IJI was led by urban oriented and business

community either from military, industry or bureaucracy.574

Interestingly, IJI won majority in all provinces of Pakistan and formed its

government in centre. Very healthy and positive gestures were shown by Nawaz

Sharif when he took oath and announced that he will work with opposition and in

return opposition replied that PPP will be cooperating with the governments, if it will

take care of people.575At this time of point it seems that two parties were functional on

572 Saeed Shafqat, 1997, op.cit.,p.237

573 Lawrence Ziring,1991,op.cit.,p.119

574 Ibid.,p.121

575 Ibid.

202

national political scenario of the country. PPP and Muslim League Nawaz (MLN)

emerged as a competitors political parties. It was a healthy sign because competition

between parties is one of the attribute of modern liberal democracy or democratic set

up. From 1988 to 1999 Pakistan witnessed with two party systems which at certain

extent left indelible impact on the politics of Pakistan.

Although, political parties in the countries like Pakistan come into confront

with one another, lacked in patience, societal harmony and compassionate individuals

that ensure democratic set up.576 As Leo rose highlighted the importance of political

parties for establishing democratic set up in the country. In new emerging

democracies such as in Pakistan, stable and strong party system is required for liberal

democracy based on competition, liberty, transparency and participation. Political

roles of these political parties are undermined by their leaders in these policies. As it

was evident during Ayub Khan era when he banned the political parties and then Zia

gave an Act on political parties to have control over them.577

It is true to say that existent and strong political parties are an important tool to

listen people’s dissented attitude and voices for mass oriented polity which is one of

the basics of democratization. If parties are strong, diversifications can be maintained

though discipline but unstructured and poorly functioned political parties cannot

control diversity and may promote ethnicity, class gap and ideological differences.578

It is generally believed that two party system increases healthy opposition. It is also

confirmed by the Parliamentarians and Social Scientists of Pakistan when they are

asked about this development during civilian decade from 1988 to 1999.

576 Michael Johnston, “Political Parties and Democracy in Theoretical and Practical Perspective”, National Democratic institute for International Affairs, (Washington DC: 2003)

577 Again see details on Political Parties Act,1962 by Ayub Khan in Appendix No III and 1986 by Zia-ul-Haq in Appendix No XIX

578 Johnston,2003,op.cit.,p.7

203

Table No: 7.1 Two Party System Increase Healthy Opposition

Two Party System Number of Responses Percentage

Yes 48 70.6 %

No 20 29.4%

No Opinion 0 0%

Table no 7.1 reveals the fact and importance of two party system for seeking

healthy opposition. Unfortunately, Pakistan could not evolve such a political culture

which would be helpful to orientate the people and representatives of the country on

developmental lines.70.6% believes in two party system for seeking effective political

system whereas, 30% of the data collected from the Social Scientists shows that they

don’t believe in two party systems for active and vigorous opposition which is the one

of the requirements of the democratic polity. According to them multi-party system is

more democratic than two party system.

In the context of Pakistan, Nawaz Sharif tried to overcome such issue of ethnic

tension which got hyperness during Benazir Bhutto in Karachi. Nawaz Sharif

collaborated with Muthida Quomi Movement (MQM) a prominent political faction in

Karachi to have strong influence in Sindhi politics. As mobilization, accountability;

organization competitions are public qualities and make democracy more reliable

system of government by political parties. It is not witnessed in Pakistan politics. It is

noted that when Nawaz Sharif took strings of authority in his hands on the platform of

IJI, he tried to mobilize people all over Pakistan. It was witnessed that his government

took majority of votes as compare to previous government.579

On the basis of such

majority Punjab, a big province remained under the control of IJI and in Karachi; it

effectively maintained its rule with the help of Muthida Quomi Movement (MQM)

which created lot of trouble for previous rule of Benazir Bhutto. At this point, it is

worth mentioning to note that the role of Benazir Bhutto to consolidate and integrate

various ethnic tensions in Sindh province to strengthen PPP, proved ineffective. The

functional capacity of PPP remained weak which could not handle crisis situation in

one of the major provinces of Pakistan. Benazir could not organize party in such a

579 See turnout of votes in 1990 elections in Appendix no XXIV

204

way which called for control the outburst of various ethnic groups in Sindh provinces

but Nawaz Sharif became successful in that. On his arrival in politics and

government, he made a lot of announcements regarding economic development,

health, employment, peace, security and fundamental right for all in the country,

which in subsequent years, proved ineffective and real impediment in the working of

the democratic set up. The foregoing observation made it clear that Nawaz Sharif’s

efforts to improve economy, coalition with MQM and ANP to get solutions of certain

federal issues did not have impact on political system of the country. They all could

not develop an environment of consensus and tolerance among parties and leaders of

parties which can lead towards democratization.

7.2.Economy Development and Democracy

There are various theories presents by thinkers and philosophers who

established the relationship between economic development and sustainability of

democracy. Lipset conditioned democracy with economy.580

On the other hand

Przeworski considered it as one of the important factors to sustain democracy in any

country581.To keep this notion of relationship between democracy and economy

Nawaz Sharif went for economic development and where Pakistan could be called a

welfare state. Abdus Samad, an economist, has discussed the economic steps of

Nawaz Sharif and deduced that in his initial years, Nawaz Sharif lacked in economic

vision through which he could overcome some very important economic problems of

Pakistan such as unemployment, poverty, lack of investment etc. 582 In the given

scenario, even though he gave priority to the policy of economic development but due

to the lack of vision to employ those policies on right track was great set back of

Nawaz rule. All political leader since the time of Ayub Khan made announcements

and declared their economic reforms with the ultimate end of people’s welfare but all

was in vain, no absolute policy mechanisms had been evolved through which such

welfare could be ensured. It was merely a lip service.

580`Julian Wucherpfennig, Franziska Deutsch, Modernization and Democracy: Theories and Evidence

Revisited, http://democracy.livingreviews.org/index.php/lrd/article/viewArticle/lrd-2009-4/13 581 Ibid. 582 Abdus Samad The Economic Policies of the first Nawaz Sharif Government 1990-93, retrieve from

/http://users. erols.com/ziqbal/nh8.htm on 21-9-2012.

205

Nawaz Sharif formed a commission on privatization after its government’s

two months which accomplished a good task in the eyes of Nawaz Sharif when it

privatized 50 units of public sector. It was taken as a great achievement of Nawaz

government. How far reaching the impact of this privatization could be analyzed

through the nature and kind of the government of Nawaz Sharif. It was analyzed in

one article written on ‘Privatization and Democracy’ when, researchers searched out

the relationship between democracy and privatization process with the set data of 76

developing countries from 1987-1994. They deduced that democracies go for more

privatization than dictatorial rules. And study reveals that most of privatization has

taken place in those developing countries which are little rich as compare to others.583

Nawaz Sharif had business background and he was sharp enough to use tactics

to deregulate Pakistan’s economy so that privatization could be promoted. He up

lifted various conditions and restraints which were imposed on private section.584 But

analysis reveals that privatization needs competitive and open market which was not

ensured by Nawaz Sharif. It was limited market to be operated for deregulation and

privatization in the country which could not produce adequate benefits.

Moreover, he initiated two mega projects for obtaining economic and political

stability and development. It invited objections and reservations from the President as

according to the President, Nawaz Sharif did not follow legal and normal way to carry

these projects.585These two projects were named as Motor Way and Yellow Cab

Scheme. According to the President Ghulam Ishaq Khan, (who himself remained in

charge of Pakistan’s economy during Zia period) a traditional economist, was not in

line with procedures and regulations of privatization, these projects were attractive but

at the same time he highlighted various flaws of Nawaz economic projects. President

was uncertain about the success of these steps. Subsequent years proved that one of

these two projects, not only achieved height of appreciation but a major shareholder

583 Glen Biglaiser, Michelle A. Danis,”Privatization and Democracy the Effects of Regime Type in the Developing World”http://cps.sagepub.com/content/35/1/83.abstract.

584 Abdus Samad and Saeed Shafqat, both discussed numerous restriction on private sector such as need

to register technical and foreign loan agreement obtain work permit for foreign technical personnel

which slower the economic growth in Industrial Sector.

585 Saeed Shafqat, 1997,op.cit., p.238

206

of economy of Pakistan. It had aim to develop connection among various parts of the

country to achieve the goal of economic progress, trade with Iran, Turkey and CARs.

It is evident that healthy economy is one of the major components of effective

democracy. As the whole economic activity revolves around and aimed at prosper the

poor and upgrade their lives in a given polity then they can better participate in

political affair of the state and government. It can be truly said that the more

contended, the more politically aware but this notion in present time has changed little

bit where stable economies did not help to promote and sustain democracies.586

Despite of the fact that Nawaz Sharif took two another steps for the resolution of

economic issues of the country either related with feudal government or provinces. He

did try to bridge the gap between centre and provinces and among provinces through

his integrative behavior as integration is also one of the hallmarks of democratization.

His government presented National Finance Commission (NFC) which resolved the

matter of division of finances and revenue between national government and

federating units. Another development took place when water Apportionment Accord

was signed to solve the matter of water resources and their distribution among

provinces. These two were commendable achievements on the part of Nawaz Sharif.

Although, execution of these two plans in its real sense could not be seen in later

years but it showed the intension and effort of Nawaz Sharif to get solution of such

issues.

Nawaz Sharif’s 3-D program, democratization disinvestment and deregulation

implementation have its significance for economic growth of Pakistan. But in

implantation was so quick which created fear among industrialists. Najam Sethi

analyzed and stated that indigenous investors and industrialist were not agreed to

invest in new programs, which doubted the credibility of these steps of Nawaz

government. 587

Pakistan National Development Report 2003 indicated that in 1998,

Human Development Index (HDI) was 0.541 and Gross Domestic Product (GDP) was

4.17% with employment growth rate 2.4% was depicting the ratio of economic

586 Abdus Samad,2003, op.cit.

587.New York Times, 30 June, 1991.

207

development during Nawaz Era.588

Sadly, poverty got increased during 1990s as

compare to 1970s because of corruption.

Critics highlighted that Nawaz Sharif has done the same thing when he

appointed his brother Shahbaz Sharif as Chief Minister of Punjab as Benazir did in

her regime with her husband when she appointed him as investment minister.

Question arises that where the difference of attitude of political leaders and elites

could be seen? Nowhere in Pakistan.589

7.3.Army and Nawaz Sharif

Confrontation and clash with military is not a new phenomenon in Pakistan to

be discussed. Its intervention in politics is also a phenomenon of huge debate. Since

its creation, Pakistan witnessed the crucial role of military in political affairs of the

state. As we all know this fact that military has shown interventions in developing

countries or where there is low level of development is taking place. It is therefore,

significant to know the working pattern of armies so that their intervention can be

stopped in future. It was the army due to which the tension occurred between

president and prime minister. It also aggravated on the appointment of new Chief of

Army Staff (COAS) after the death of General Asif Nawaz. Now, President wanted

name of new COAS without consulting Nawaz Sharif. He was of the view that

country is already plunged into various kinds of crises; therefore, it cannot bear

another burden of clash between president and prime minister. Meanwhile, conflict

happened and General Abdul Waheed Kakar became COAS. Nawaz Sharif showed

his unwillingness over it. He was not happy with the way through which that

appointment came into force.

Inferring from this attitude of President, Nawaz Sharif have talked about that

such kind of policies and steps sabotaged the working of democratic parliamentary

system. Parliament should not be ignored while taking such an important step. Nawaz

Sharif gave uneasy gesture to president and on the other hand President justified his

step under the fold of saving the existing system and country. It was the time when

both Benazir and Nawaz Sharif, were not working or leaving any stone unturned in

blaming and convicting each other. Nawaz Sharif used parliament and its supremacy

588 Pakistan:National Development Report 2003,UNDP,(Karachi: New Sketch Graphics,2003) 589 The Economist, 6 March, 1997

208

and had great tension with Benazir (Late) while Benazir was still raising voice for the

fake arrival of Nawaz Sharif in government through 1990 elections. It is really

interesting as well as strange to note about that act through which her government

was dissolved by president’s powers, now she was compelling president to use same

powers against Nawaz Sharif. It highlighted the nature and quality of a political leader

to maintain or destruct democratic process in the country.590

It is analyzed that situation was becoming more serious when Benazir being

opposition leader made request to president Ghulam Ishaq Khan to dismiss National

Assembly and announce elections. It was done. Nawaz Sharif refused to resign.591 On

this act he was charged with corruption, economic policies victimized opposition and

on 18th April, 1993, Nawaz government was dismissed by the powers of the President

which he got from 8th amendment.592 In this scenario, Nawaz Sharif differed on the

order of the President and declared it non constitutional. He went for plea in Supreme

Court against the order of the president. After 45 days, Supreme Court declared the

order of president null and void and unconstitutional. It also declared that Nawaz

Sharif government would be restored and he will act as head of the government of

Pakistan. This all scenario gave strange depiction of Pakistan’s democracy and role of

their leader either in power or in opposition.

Here came the role of judicial institution which gave ruling in favor of Prime

Minister instead of Presidents. The tussle and confrontation between Prime Minister

and President impeded the working of federation under one constitutional

arrangement. This situation created uncertain political environment in the country. It

also created a fear among citizens that their rights might be exploited by the rivalry

and conflict of two political pillars of the government i-e Prime Minister and

President. The social Scientists of Pakistan formed their opinion that judiciary follows

the principle of ‘Separation of Power’ in its jurisdiction as compare to other

institutions of the state and government. An empirical finding shows that

590 Lawrence, Ziring, Pakistan in the Tweinth Century (Oxford: Oxford University Press), p.541. 591 See detail in Roedad Khan, Pakistan Dream Gone Sour (Karachi: Oxford University Press1997),

pp.127-128 592 See detail account of the powers of the President after bringing 8th amendment by Zia in 5th chapter

of this thesis.

209

Table No: 7.2 Principle of Separation of Power

Principle of Separation of Power is more

used by

Number of

Responses

Percentage

Prime Minister 10 14.7%

Judiciary 38 55.9%

President 12 17.6%

No Response 8 11.8%

Table no 7.2 illustrates that Judiciary with having 55.9% contributes to follow

the principle of separation of power through which people’s rights can be protected. It

is believed under constitutional framework that democracy can be its paramount when

it protects the rights and liberty of people. This protection and security is ensured by

using the principle of separation of powers as judiciary has done it in Pakistan as

compare to other organs of the government.17.6% are of the view that president use

this principle as compare to Prime Minister with having 14.7% and interestingly

11.8% did not show any interest to respond over this issue.

This negative development undermined the democratic process in the country.

Many questions arose, what factors pushed Prime Minister and President to show

such gesture to each other due to which people lost their trust over political

institutions of their political system. On July 18, 1993, the drama between prime

minister and president was ended. They both left the government of Pakistan.

Observers are of the view that situation became worsened due to the mishandling and

incompetency of Prime Minister Nawaz Sharif on various matters.593

It was evident that various elements and factors involved in the performance

of Nawaz Sharif as minister, chief minister and lastly prime minister especially in

bringing democracy in Pakistan in which, he somehow failed. He could not develop

an environment of consensus building, compromise, accommodation corruption free

politics rather he proved to be exploiter of democratic norms. He promoted his self

593 Hamid Khan, Constitutional and Political History of Pakistan (Karachi: Oxford University

Press,2004), p.435

210

interest on the cost of national interest which was alarming sign for the stability and

development of the country.594

Nawaz Sharif, during his rule had faced socio-economic decay in the society

and now was ready to bring changes in them. He went for modernization with

determination which invited criticism at the same time even from his own alliance.

Any change brought by a civilian leader either in economic, political and social

sphere is always threatening for military and bureaucracy which are the strongest state

institutions.595 Nawaz Sharif knew the fact that Pakistan’s problems could only be

resolved if there would be a complete pack of agenda of change with its

consequences. He took another drastic change while introducing NGO’s in Pakistan

for ready people of country, As a matter of fact, that government is considered good

government while in line with democratic principles if it works for the welfare of the

people. He introduced NGOs in education and health sectors so that people could rise

and live their lives with grace and privilege.

On the dismissal of his government by president, he declared that distribution

of powers between prime minister and present did not work according to plan given

by constitution rather it is imbalance ratio because president is not elected by the

direct votes of the people but Prime Minister. When his government was finished, a

caretaker government under Moeeen Qureshi was formed and new elections were

held on October 6, 1993. In these elections Benazir’s PPP won the elections and got

majority.596 On 4th November, 1996, president Leghari again used 58(2)B and

dismiss the Benazir government on the charges of corruption and incompetence to run

the matters of the state. Malik Miraj Khalid became caretaker prime minister and

announced the date of new elections in the country. On 3rd

February, 1997, elections

were held and PML(N )got majority of seats in these elections. PPP got stuck with

only 19 seats in National Assembly.597

It was for the second time for Nawaz Sharif to run the government of Pakistan

as an elected representative government. He was placed in National Assembly with

594 Ibid.,p.436

595Barbarian Crossotte, Pakistan’s Gamble with Quick Reforms (New York Times: 30 June, 1991)

596 See results of 1993 elections in Appendix XXV 597 See results of 1997 elections in Appendix XXVI

211

2/3 majority. He got the vote of confidence from the house and coalition government

was formed with the support of ANP and MQM. This fact prevailed over political

scene of the country that all strings of powers were in the hands of President and on

his discretionary power, Prime Minister could stay in Assembly. As in the case of 1st

Benazir’s government, Ghulam Ishaq Khan used 58(2)B and dissolved the assembly

and where Nawaz Sharif came into power after few years if his tenure, his

government was dissolved by Ghulam Ishaq Khan with same authority of 58(2)B.

After this, Benazir came back to power in 1993 and formed her government and took

Farooq Ahmed Khan Laghari as President of Pakistan whom she called her brother,

dismissed her government again with the implication of 58(2)B.

It was like a sword hanging on the heads of the premiers. President became

more powerful to use such authority and wanted to cut down this authority being

people representatives. After elections of 1997, Farooq Laghari appeared to be the

most powerful person of national polity on the other hand Nawaz Sharif also

considered himself very strong with having 2/3 majority in National Assembly. What

Nawaz did, he brought constitutional amendments called thirteenth amendment in

constitution to curtail the power of President.598 Even though, he did not follow the

regular procedure of bringing amendment in Constitution which put him under lot of

criticism because an elected political leader was violating the democratic norms.

Some analysts are of the view that he may be, being prime minister, wanted to release

the pressure and constraint to be removed and dismissed by the president. Even in this

process, he ignored other Clauses related to women and minority. He brought 13th

amendment to end 8th amendment 58(2)B and now situation was changed. After this

amendment, President would act on the advice of the Prime Minister. Because before

of this, completion of 5 years term remained under the constraint of president’s

discretionary powers and damage the sanctity of national politics. It also impeded the

democratic process in the country. Now such trend has been cut down.

To play with the Constitution had remained a major negative attribute of

political leaders of the country. What Zia wanted to strengthen him, he made 8th

amendment in constitution through which he got enormous power over prime

minister. On the other hand, what Nawaz Sharif had done in the name of 13th

598 See 13th amendment in Appendix XXVII

212

amendment within a day to cut the powers of the president, just 58(8)B was removed

but other matters of rights of women and minority representation were not touched.

The only inference can be drawn that all political leaders think of their own interests

not at people. It was also one of the reasons of slow down the democracy in Pakistan.

Moreover, he went for another step which he had taken under fourteenth

amendment.599 In this amendment the issue of defection in political parties was

addressed. Horse-trading prevailed over Pakistan political scene which hampered the

democratic process of the country. A person who cannot remain loyal to its party, how

he or she can loyal to the people whom with the votes they got elected and sat in

offices. Notably, it was done on same pattern as thirteenth amendment had taken

place at midnight.

It created doubt on the sincere working of the prime minister to bring such

major change in political practices of the government in hurry.600 It was showing the

concentration of power which could be justified with another step taken by the prime

minister when he gave the consent to establish Ehtesab Cell. It by passed the Chief

Ehtesab Commission in regard of authorities. Now all matters were directly looked

after by this cell.601It restricted the process of democratization because nepotism and

patronage were core hazards for establishing this institution. It was also proved that a

close friend of Nawaz Sharif appointed as head of this cell.602

It became a very interesting and strange phenomenon in Pakistan that the

people who are friends first but after coming into power become foes. Being

researcher I can analyze that once their interests are the same they cooperate with

each other but the moment any one of them gets chance to get power, he or she may

try to put aside their relations so that their secrets and plans will not be revealed. In

fact, they feel fear from each other. Here comes the point once they are in line with

their party agenda and sincere with people than no need of such attitude and

behavior.603

599 See 14th amendment in Appendix No XXVIII 600 Hamid Khan , 2005,op.cit., p.405 601 See detailed account of Ehtesab Act of 1997 with amendment in 1998, in the work of Hamid

Khan,2004,op.cit.,pp.Also see Safdar Hassan Siddiqi,2004,op.cit.,p.164 602 Hamid Khan,2004,op.cit.,p.466

603 Ghazali made analysis of 13th and 14th amendment in the Constitution and where Nawaz Sharif relaxed and by passed the normal procedure to bring these amendments.

213

7.4.Rule of Law

It is evident from Pakistan’s political history that, leaders did not respect the

country’s law. Subversion of “basic law” means ‘constitution’ has remained a

common feature of all political leaders, whether they got elected by the votes of the

people or came through any intervention. Judiciary has pivotal role in consolidating

democracy in any country. Concerning to the orders and notices issued by high courts

to make things right and in line with constitution, judiciary became one of the

important organs of the governmental machinery. Unfortunately, Pakistan, since its

inception observed no respect of law by its leaders on various occasions.

Table No: 7.3 Leaders Believe in Rule of Law

Believe in Rule of Law Number of Responses Percentage

Totally 2 3.9 %

Partially 42 61.8%

Not at All 24 34.9%

Table no 7.3 reveals that political leaders partially believe in “Rule of Law”.

And there is sufficient number of leaders who don’t believe in this notion at all that is

really alarming. It is one of the setbacks of smooth democratic functioning. It shows

that leaders subvert the laws in different forms.61.8% Social Scientists are of the view

that leaders believe in ‘Rule of Law’ partially. It shows that where they think to

follow the law they obey it. When they used their position and status then don’t show

any regard for the law.34.9% have considered that leaders do not believe in ‘Rule of

Law’ at all that is a serious issue and behavior of a person who is called a leader.

Unfortunately, Pakistan’s experienced with dependent judiciary on executive.

It has worked on the disposal of the politicians and army and has been used against

the interests of the citizens of the country except 2007 judicial activism which was

launched against state authorities and demanded for its independence. In this context,

Nawaz did not remain different from other previous leaders. Nawaz government was

214

in shaken position when he was alleged with the charge of contempt of court in

November 1997.604

In late 1997, Nawaz Sharif switched the whole situation in which three of the

organs of the government were conflicting with one another. Not surprisingly, Nawaz

Sharif won the situation by having resignation of President Farooq Ahmed Laghari

and removal of chief justice Sajjad Ali Shah. It is analyzed that the way and tactic

adopted by the Nawaz to overcome that conflicting situation was completely

undemocratic. Because he himself did not bother any rule of conduct rather during

this time PML (N) supporters and workers attacked Supreme Court. His emphasis was

on stabilizing his own rule and weakening democratic institutions and norms.605It was

viewed that negative developments such as insult and degradation of Supreme Court

and resignation of president portrayed Nawaz Sharif as “despotic democratic ruler”.

He was establishing bonapartist state while concentrating authorities in his hands. In

addition, when Nawaz Sharif nominated Rafique Tarar as president, it created

disappointment among the leaders and members of PML (N). But Nawaz Sharif, in

longed for power in his hands, wanted the state of Pakistan as his property. What

political culture evolved by Nawaz Sharif was too narrow. He never relied on

members of the Parliament. He was not giving weightage to cabinet advices but met

with kitchen cabinet only which was comprising of his father and brother. 606

Such political culture, trend and approach of Nawaz Sharif put country on

undemocratic road. He weekend democratic institutions by undermining them. In this

perspective, Tariq Ali, a known scholar well analyzed that being, businessman and

believer of globalization and liberal and free market, Nawaz Sharif thinks that

everything including political, judges and army men are for sale. It was really

surprising to behave in such a way as you are in market. Market and polity, they two

have their own requirements. He just ignored this reality. Confucius rightly stated that

“a person that has lost faith in its ruler is lost indeed”.607

It was further noted that PML (N) got splited after its reign for second time.

Many of the seniors left party due to being ignored. Even gulf was widened between

604 Veena Kukreja, 2003,op.cit., p.252 605 Ibid. 606 Ibid.,p.253 607 http://www.searchquotes.com/search/Confucius_Leadership/2/.

215

other PML (N) legislators and cabinet members. Situation got worsened. It looked

undemocratic attitude presented by Nawaz Sharif. In this scenario, the trust of allies

and members working got disturbed. Nawaz Sharif’s focus on concentration of power

was keeping him far away from real tensions and issues of the country. The leader

who is ignorant of major issues and strive related to various entities or nationalities

cannot rule for long.

To keep integrated and united to these identities, sensible policies and

justifiable sharing of economic and political resources were must but Nawaz Sharif

ignored these principles. Ethnic tension in Sindh gained momentum. Sectarian

conflicts got intensed and were not controlled by the civilian government of Nawaz

Sharif. There was another factor involved, as many observed that MQM and PML (N)

came into conflict with each other on the issue of agreement of cooperation which

was signed by these two parties in February, 1997 and MQM had another issue that

Nawaz government is not giving weightage to make MQM as part of policy

making608.It was also highlighted the one of the major issues regarding ethic identities

fear from strong centre dominated by Punjabis. Nawaz Sharif had to satisfy every

group and province its due share as protected by the constitution.609

7.5.Elections and Nawaz Sharif’s Second Term

November, 5th 1996 was the day when National Assembly was dismissed.

Benazir’s government was ended up with the order of the President under 58(2) B.

Elections were announced in 1997. The results of election clearly presented the fact

that PPP lost its trust among Pakistani people.610 On the other hand PML (N)

improved its rating in the context of its behavioral pattern, policies and management

of economic resources in the eyes of the people of Pakistan.611These elections were

considered to be fair and of international standard as maintained by the European

Union group members who were deputed as observers of the elections.612

608 Veena Kukeja,2003,op.cit., p.254 609 The Economist,8 January,1998 610 See the results of 1997 elections in Appendix No

611Craig Baxter,ed., Pakistan 1997, American Institute of Pakistan Studies(Colorado: Westview Press,1998),p.4

612 Ibid.,p.10

216

Furthermore, in these elections, voting turnout was 35.92% which was the lowest

percentage as compare to other elections held within ten years.

Hence, democratic down slide could be viewed by the percentage of turnout of

voters. The decrease of voter’s interests to go to polls was a big indicator of the kind

and nature of political culture of the country which was evolved by the political

parties and political leaders. In 1970 elections, high percentage of voter’s turnout was

recorded that was 54% and considered the highest percentage of people’s

participation in choosing their representatives and 1997 elections were the lowest.

There may be certain factors involved in it which shaped and reshaped the election

results and affected them. It is viewed that overall results of 1997, either at national

level or provincial level declared Nawaz Sharif the winner and proved him the sole

representative of whole Pakistan.613

It is analyzed that 1997 elections results were no more different from older

ways, pattern and the methods of mobilizing people. Yet there were certain trends

which were out now i.e. PPP lost elections on the basis of lost its base among rural

oriented groups. What PPP got support with the use of Charisma of Bhutto was in

1988 elections was no more with it in 1997 elections.614At that time of point, one

more development occurred when civil-military relations got space for cooperation

with each other and paved the way for democracy stayed in country. It was analyzed

that throughout the decade, three trends remained present over political edifice of the

country.

� Public and people support only those who have done for public good and

welfare.

� Ideology was disappeared.

� Ethnic groups got strength to work under strong centre hold by Punjab

province

Above mentioned trends were greatly responsible to shape the electoral results which

were ultimately deciding the democratic set up in the country. Another movement

613 See results of Provincial Assemblies and National Assembly 1997 elections in Appendix XXVI 614 Craig Baxter, 1998,op.cit., pp.14-15

217

surfaced the politics of Pakistan that was the emergence of two party system which

has to certain extent, unwavering position to come across the people of the country.615

In fact, Nawaz Sharif became more powerful when he sought army’s

neutrality on certain decisions and policies of Nawaz Sharif i.e. prevent the Supreme

Court contempt order, Legahri’s resignation and ousted of Chief justice Sajjad Ali

Shah. These made Nawaz Sharif more confident to rely upon his own ability. It was

observed that Nawaz Sharif got his political career under Zia ul Haq who was a

person of orthodox Islamic believes who put country on extremist lines. Now, Nawaz

Sharif was again repeating the same. He wanted to be sole leader of Islamic thoughts,

laws and principle in the country and for which he thought to circumvent parliament

in various constitutional issues which made his intentions doubtful. Like Zia-ul-Haq

he sought his legitimacy in Islamic fold and for this, he went for fifteenth

amendment.616 He presented Sharia bill without the consultation and consent of his

party which created, somehow anger, among the members of the parliament.617 On

August 28th , 1998, fifteenth amendment was introduced in the constitution. It had aim

to maintain his dictatorial rule over country. Now, Prime Minister will be having

powers to declare any law and principle as Islamic or non Islamic.618 Through this

amendment, executive became supreme over constitution because all directions and

decisions were flowing out of executive, not whole executive body but Prime Minister

only was involved.

It was observed that such attempt of Nawaz Sharif being civilian and elected

representative of Pakistan did affect the process of democratization. In democracy,

such behavior and policies are not taken by a single individual rather with consent of

majority and this principle was ignored by Nawaz Sharif. His strategy to search out

his legitimacy through such action was not appreciated by all sections of the society.

615Lawrence Ziring, Pakistan at the Crosscurrent of History, (Lahore: Vanguard Books Ltd Pvt,2004)

p. 244

616.See 15th Amendment in Appendix No XXIX 617 Veena Kukreeja,2003,op.cit., p253 618 Hamid Khan, 2004,op.cit., p.484

218

He faced criticism from opposition and it was witnessed within his own party, there

was little agitation and uprising against his action.619

Moreover, Lawrence Ziring called Nawaz Sharif’s this act as to convert

Pakistan into an Islamic based state which was on the same pattern as of Afghanistan

under Taliban.620

It further created tensions in the peoples’ mind who were already

suffering from the working of their political leaders. In reaction of such centralization

of every affairs of the country by Nawaz Sharif, a Punjabi prime minister, various

ethnic groups located in Sindh, NWFP and Baluchistan started demanding their

authority for their respective provinces under 1973 constitution.621 Almost twenty

eight (28) organizations based on ethnic aspirations emerged together as a single

platform named as Pakistan Oppressed National Movement (PONM). It was against

the established dictatorial rule of Nawaz Sharif and PPP being opposition, supported

PONM to curtail and limit Nawaz Sharif’s powers. In addition, the rights of

minorities were violated. Things were changed now due to the changing

circumstances after fifteenth amendment. Fundamental rights were violated as

reported and listed by the Supreme Court.622It is not wrong to say that Nawaz Sharif

made a mockery of democracy. When Rafiq Tarar took the office of the President of

Pakistan on June 1, 1998 it made Nawaz Sharif freer from any check and gave him

free hand to use authority of his own and by his own style which further made him

powerful and autocratic.623

It is observed that democracy was nowhere in Pakistan when all powers,

authorities, decisions, rules and laws were revolving around one individual that was

Nawaz Sharif. Lawrence Ziring called it or symbolized it with Mughal rule and

court.624

It was already noticed that, Nawaz Sharif just consulted his family member

but not cabinet which made him more authoritarian. He had no fear to be accountable

and answerable to the people of Pakistan. It was unique type of democracy in which

619 Ibid.,p.254 620 Lawrence Ziring,2004,op.cit.,p.247 621 Ibid, 622 Detail account of the order of the Supreme Court regarding the violation of the fundamental rights

during Nawaz Sharif rule is available in Hamid Khan, Constitutional and Political History of Pakistan, (Oxford: Oxford University press,2004),pp.466-467 and in Lawrence Ziring, Pakistan in the Twentieth Century,(Karachi: Oxford University Press,1997), p.249

623 Lawrence Ziring,1997,op.cit.,p.249 624 Ibid., p.251

219

no weightage to people’s opinion has been given and no consultation was sought from

party members and parliamentarians.

Now, the situation was becoming more aggravating when in Sindh Governor

Raj was imposed in October 1998 and also established military courts to see the

people who were found guilty in any kind of violence and damaging the peace and

security of the province. 625

In 1999, these courts were finished because military

courts announced death sentences for two individuals and matter was brought under

the notice of Supreme Court which declared these courts unconstitutional. It was great

upheaval in the political process of the Sindh. Moreover, Nawaz Sharif started having

his control over province of Sindh through indirect sources which impeded the

provincial autonomy for its people.

Overall situation was presenting gloomy picture of democratic functioning and

democratically elected government. No institution, no party and no leader could stop

autocratic rule of Nawaz Sharif. Even PPP members started saying that only army

would have ability to control the situation and kick out Nawaz Sharif from political

scene of the country. It was to be noted that before this development in Sindh, Chief

of Army Staff, Jahangir Karamat made announcements regarding serious situations

which did not come into limelight due to the single handed decisions and policies.

626He just warned the government about poor economic results, violence and terrorism

in Sindh province which ultimately would have to leave indelible impacts on the rule

of Nawaz Sharif. Nawaz Sharif’s response was not positive rather he showed his

anger on the statement of Jahangir Karamat what Nawaz Sharif wanted to see

Karamat withdrew from his statement. He refused it and left the office. General

Mushrraf sat in office of COAS. His appointment was not on merit because he

sidesteps two senior generals. The relationship between premier and COAS

Musharraf first got strained over the issue of Kargil conflict with India.627

Notably, Prime Minister blamed army for such misadventure which destroyed

the image of the country. Because Nawaz Sharif had already signed a concord with

USA to give respect to ‘line of Control’ (LOC) and call his forces back which left

country in humiliating situation. It was so insulting for the people and all forces of

625 Ibid.,p.254 626 Veena Kukreeja, 2003,op.cit.,p256 627 Ibid.,p.256

220

Pakistan to withdraw from Kargil heights.628

The wrong decisions and unilateral

decisions pushed country into great chaos which did not suit the democratic

government. After this incident, Nawaz wanted to remove Pervez Musharraf but

Musharraf had his own network to collect the information and to know the prime

minister actions against him. A big mistake was committed by Nawaz when he

announced General Zia-ud-din as new army chief. On his this action, military stepped

in Prime Minister House and topple down the government of Nawaz Sharif. The

political leader who had no vision what he was doing let country into disarray. His

politics and authoritarian style of working in the name of democracy left damaging

and devastating effects on people and country.

Veena Kukreeja well evaluated that democracy is not the name of only

majority in Parliament, supporters at the major positions and bringing amendments in

constitution. It is more than these traps and tactics.629It could be observed that

democracy is not the name of mandate only but to give respect to that mandate and

make decisions according to this was actually a democratic practice which was lacked

in Nawaz Sharif’s leadership. He also did not give respect to judiciary and rule of law

as evident in the case of removal of Chief Justice Sajjad Ali Shah and raid on

Supreme Court after the contempt of court. 630

Furthermore, economic policies, failure in counter terrorism, sectarian

violence in Sindh, increasing ethnic tensions, concentration of powers in single hands

mismanagement of resources, no respect of rule of law, smaller ethic group’s

alienation harmed and destroyed the efforts of integration and unity in the country.

Good, sharp and vigilant citizenship is necessary part of the time and for effective

democracy. ‘Political society’ can be ensured through ‘Civil Society ‘but Nawaz

Sharif failed in evolving such political culture in the society of Pakistan.

Analysts have raised some point about the role and performance of Nawaz

Sharif in his two eras. It was also discussed that he always talked and stressed on the

need and significance of democracy but inwardly he kept himself an authoritarian

person. One argument is presented that democratic set up could not get strong roots in

Pakistan due to the contradictory, conflicting behavioral pattern and attitude of

628 Hamid Khan,2004, op.cit.,pp.486-487 629 Veena Kukreeja,2003,op.cit.,p.257 630 Hamid Khan,2004, op.cit.,pp.486-487

221

political leadership. There is no gain saying that democracy in Pakistan weakened due

to weak structural basis of institutions and leaders behaviors.631

The Economist

quoted that “Nawaz Sharif used his majority authority for bad purposes and used it

badly in two” means his in both eras.632

It was also evaluated that ‘Nawaz Sharif was

more than happy’ to see Rafique Tarar as President of Pakistan.’633

President was not

interfering the matters of the Prime Minister that’s why he was liked by Nawaz Sharif

more.

There was another pertaining to the sharp difference between the rich and the

poor in Pakistan. Economist gave the information that Nawaz Sharif constructed 362

apartments for MPA and they were luxuriously built. At the same time, in Karachi

poor people were fired when they were protesting against blockade of water supply to

their areas for two days. It shows the working and efficiency of a government and

leader whose priorities to please rich but not to do anything for poor. How a leader

will be effective if he or she does not realize the needs of their people especially those

who are already deprived.634

Nawaz Rule was well analyzed by Economist when it wrote that “Not all the

elected one democrats and not all generals are villains”. It also said that exodus of

Nawaz Sharif was may be providential for Pakistan when it was tumbled by the army,

country was facing a mess and doomed.635Nawaz Sharif got majority of votes as

compare to other parties and leaders but he used power of majority in negative ways.

Corruption reached at peak due to which politics and economy, they both got affected

badly and when Musharraf took over the government he said that” Despite of all my

advice they tried to interfere with the armed forces, the last remaining viable

631 Saeed Shafqat, “Democracy in Pakistan: Value Change and Challenges of Institution Building”, Pakistan Development Review, ( winter 1998), pp. 281-298

632 The Economist,October,1999

633 The Economist, 8 January, 1998

634 Ibid.

635 The Economist, October 14, 1999

222

institution in which all of you take so much pride and look up to at all times for

stability, unity and integrity of your beloved country”.636

After cramming the role and qualities of political leadership of Nawaz Sharif

the following inferences are drawn in the form of policies and their impacts:

Table No 7.4: Nawaz Sharif’s Policy Approaches and their Impacts

Policy Approach Pattern and Impact

Contest the election in 1985 A businessman transformed into politician.

Amendments in the Constitution of 1973 Brought 13th Amendment in a night and

hurry, now tilt of power was again toward

Prime Minister, he became civilian autocratic

ruler.

Privatization and 3Ds economic initiatives 50 units of Pakistan’s economy were

privatized. Economy got setback, GDP

decreased in the fiscal year of 1992-93 that

was 2.3%.

Sharia Law 15th amendment created a sense of fear

among various identities of the country.

Diversification became more surfaced on

political sphere of the country.

Confrontational Politics No respect for any institution in the country,

Parliamentary spirit of a system disappeared.

Judiciary was targeted and undermined.

Source: Prepared by the researcher

Aitzaz Ahsan claimed that Pakistan’s political system is not recognized as

dictatorship, democracy, conservative, fundamentalist, civilian, liberal or mixed type

of system or Pakistan has weird kind of political system with its elected representative

636 The Economist, October14 , 1999

223

which converted into dictatorial rulers or quasi democratic set up.637

It is true to say

that leadership is very important element of democratic polity with having its

qualities, performance and role.638

Especially, when Nawaz Sharif introduced the

thirteenth amendment in the Constitution he became more powerful in using his

authorities for self-survival.

7.6. Conclusion

Beside all these matters, it remained a fact that Nawaz Sharif government

faced various pressures and constraints which put him in critical situation internally

and externally. It was not out of place to analyze that Nawaz Sharif government could

not sustain with democracy in country even after getting authority for two times.

In view of this situation, it has been remained a feature Pakistan polity to keep

such qualified political leaders. Nawaz Sharif’s government was unique in the sense

that although elected by the votes of the people but after coming into power,

centralized all authority in his hands which made him an autocratic ruler. As Nawaz

Sharif was called by observers that what he has done in the capacity of Prime Minister

no other individual of that caliber could do in Pakistan. On one side he claimed to be a

democrat and on the other hand exploitation of fundamental rights, state institutions,

subversion of basic law has remained prominent features of his rule.

637 Meghnad Desai, Aitzaz Ahsan,ed., Divided by Democracy,(New Delhi:Roli Books,2005),p. 75 638 Renshon, Stanley, Political Leadership as Social Capital: Governing in a Divided National

Culture, Political Psychology,Vol.21,No.1(2000)

224

CHAPTER NO. 8

Musharraf Undermines the Democratic Culture

225

INTRODUCTION:

There was disruption in democratic process again when General Pervez

Musharraf Chief Of Army Staff (COAS) staged the military coup on 12th October

1999.The dispute has augmented between Prime Minister and his General over

initiation of Kargil conflict with India. Nawaz Sharif claimed that he was informed by

Musharraf when this step has been taken already by him. On the other hand, General

Pervez Musharraf insisted that he had informed Prime Minister.639 It was military

coup d’etat through which army toppled down the civilian rule of Nawaz Sharif. It

seems true that Pakistan’s political culture and political norms are responsible to let

army to come in politics. Military always paved itself as one of the major pillar of

power configuration.

Beside this fact, there was another point that civilian government always try to

interfere in military affairs of national security and survival. Pakistan army’s

engagement at Kargil heights was a big challenge to Indian superiority which was

criticized by the world as well as Nawaz Sharif. At that time Nawaz Sharif did not

take any responsibility of military’s step and operation.640

Even he blamed army and

said that he himself was not informed about the operation and put all responsibility on

Pervez Musharraf. It was paving the way for more crises intrusion in politics and

democratic process. Kargil incident left many questions in the minds of the

researcher, scholars, writers and citizens of Pakistan. Some were eye-browed on

Musharraf’s operation against Indian army without informing prime minister of the

country which was not justifiable. On the other hand some observers put question on

the role of Nawaz Sharif during whole crises and when he denied his approval to

launch a war against Indian forces at Kargil. It was very embarrassing time for

Pakistan where two institutions were fighting with each other while blaming each

other and no one was ready to take responsibility of the incident and put country in

critical situation.

The present chapter highlights the causes of military’s entry in politics after

Kargil incident. It also focuses on how political ethos and conflicts between

639 Pervez Musharraf, In The Line of Fire,New York:Free Press,2006),pp.95-96 640 Lawrence Ziring, Pakistan at the Crosscurrent of History,( Lahore: Vanguard Books Ltd, 2004), p.

255

226

institutions lead towards military’s intervention. An attempt is made to seek the

realities of Musharraf’s arrival and after assuming office of Chief Executive of

Pakistan, what he had done to bring democratization in country.

This chapter also focuses into account the features of Musharraf’s efforts to

bring democracy to make country modern and developed. Also effort has been made

to evaluate those policy matters through which he did try to legitimize his rule in

Pakistan after dismissal of elected government. Alongside military’s intervention, the

politicians, civilian leader also gave incentives to military to come in politics due to

their inability to resist such situation. As president Musharraf declared himself a big

democrat while speaking to the large community in Sialkot on 11th April 2007 and

called on

Though I am in uniform, I have introduced real democracy in the country. Those who were in

civil dress did nothing for democracy. My government worked for women (sic.) rights and gave them

authority. While in the past even a female prime minister did nothing for the betterment of women. I

have introduced local government system so that people’s problems can be solved at their doorstep.641

It was not a new phenomenon to seek military intervention in Pakistan. It had

been continued for last fifty years. In fact, army and politics played musical game

with each other throughout Pakistan’s history.642In this situation, judiciary came

forward as it showed its verdicts in previous military takeovers in the country. Again

for this time in 1999, when Musharraf took over the charge of the government and

suspended the Constitution and imposed its authority which was to be decided by the

Supreme Court of the Pakistan. As previous decisions, now, for this time again,

judiciary made decision in the favor of Army when it was said that military takeover

is justified and to suspend the supreme law (Constitution) is valid.643

Observes

analyzed that such judgments left indelible impact on the working of political system

of the country. This judgment of Supreme Court strengthens the military institution

over civilian institutions which undermine the working efficiency of various political

and democratic foundations.644

When Musharraf came into power through topple

641 S Akbar Zaidi, Military,Civil Society and Democratization in Pakistan,(Lahore:Vanguard Books Pvt

Ltd,2011), p.184

642 Aitzaz Ahsan, Magnad Desai, Divided by Democracy, (New Delhi: Rohi Books 2005), p.106

643 Ibid.,p.121 644 Ibid.,p.122

227

down the government of Nawaz Sharif he presented himself as modern person. But at

the same time he very well knew about the norms of political culture of Pakistan’s

society and sentiments of common men. For this purpose he talked about Islam in his

first policy speech in these following words “And now for a few words on

exploitation of religion, Islam teaches tolerance not hatred; universal brotherhood and

not enmity, peace and not violence; progress and not bigotry. I have great respect for

the Ullemas and expect them to came forth and present Islam in its lime light. I urge

them to curb elements which are exploiting religion for vested interests and bring bad

name to our faith.”645 In later years it could be analyzed that Musharraf patronaged

Islamic Parties in 2002 elections in the name of Muthida Majlis-e-Amal (MMA).

8.1.Background of Civil-Military Tension

On Musharraf’s arrival in politics, ironically, the removal of Nawaz

government got favor from various quarters internally and externally. Benazir alleged

Nawaz Sharif that he himself was responsible to call army in politics because he was

so autocratic in his rule. Benazir also justified the intervention of army with hope that

army will allow her to came back to home. Unfortunately, it was not happened as she

thought.646

Moreover, various political parties, the leftist and the rightist somehow

condemned the role of Nawaz Sharif and welcomed Musharraf. US President and UN

Secretary General also did not favor Musharraf’s take over which was also

conditioned with reinstatement of democracy in the country.647 Even Laskar-e-Taiba’s

representative appreciated Musharraf coup and said that it is a good thing” as

Parliament was an un-Islamic body.648When Musharraf controlled the government

and with have no difference from previous military coups in Pakistan showed his

sincerity and justification for his entrance in government. He addressed on TV and

radio on 13th October, 1999 and said that “I wish to inform you that the armed forces

have moved in as a last resort to prevent any further destabilization”. 649

645 Ower Bennet Jones, Pakistan: Eye of the Strom,( London: Yale Umire Press,2002), p.19

646 Veena Kukreeja,2003,op.cit., p.205 647 Ibid.,p.267 648 Own Bennet Jones,2002,op.cit.,p.223 649 Ibid.,p.270

228

It is interesting to note that all four military leaders had same kind of stance

for and in favor of democracy. Ayub Khan tried to introduce Basic Democracies;

Yehya Khan conducted first free general elections in the country, Zia-ul-Haq Islamize

the country and held non party basis elections to save himself. Last but not the least,

Pervez Musharraf, who did not only announce to democratize the country, but also

hold elections in 2002. He also introduced devolution plan. Surprisingly, he promised

with the nation not to remain stuck with authority like other previous military leaders.

He also stressed that he will not perpetuate himself. Interestingly in a year later he

further added and stated that he would obey Supreme Court and stay in power for

three years. But what was his plan when lastly in 2002, he announced to hold

referendum in which he got power to being President of the country for five years. It

is analyzed that how the journey of Musharraf’s political career was started.650In his

initial rule, he did various changes in judiciary and army to make him recognizable to

politics.

8.2.Musharraf Referendum

Referendum was held on the 30th April, 2002.In the referendum results,

Election Commission showed 70% turnout. This turnout was enough to provide the

basis for giving service to Pakistan’s state. He became President of Pakistan for five

years Referendum was not taken as democratic exercise and action.651 Referendum

was not taken whole heartedly by the people of the country because it was clear that

future of democracy in Pakistan would be no more than guided democracy or

controlled set up. Musharraf declared himself as democratic after becoming President

through referendum even that step was not favored by any segment of the society. He

stressed that he will refuse the democracy. He became so confident while saying that

there is no best alternative of that chaotic situation which is created by Nawaz and

Benazir except to remain in power till the time when institutions start working in best

interest of the people.

650 Iftikhar Malik,ed.,Pakistan: Democracy, Terror and the Building of a Nation,(UK,New Holland Publishers,2010),p.38

651 Lawrence Ziring, 2004,op.cit., p.334

229

8.3.Plan of Devolution 2001

It is interesting to note that military always strove to develop its own political

base while introducing and implementing local government system. Like previous

military rulers in Pakistan, (General Ayub’s Basic Democracies 1959 and General

Zia’s local government elections in 1979). Musharraf also charted out a new plan to

recruited people’s leader at their door step called “devolution plan” Arif Hassan is of

the view that people at union level prefer Musharraf system of devolution plan as

compared to old systems introduced by Ayub Khan and Zia-ul-Haq. More work could

be seen in physical infrastructural development at local level.652

But one issue was

there that at local level commercial class started emerging which has no voice in

politics.

It remained very interesting phenomenon in Pakistan’s political history that,

non-representative central government and authority always talked about

representation of people at local level. It may be analyzed that, somehow, they try to

justify their place in the eyes of the common man of the country. It was facing another

criticism which was coming outside of the country that was to reinstate democracy in

the country. It was always remained fact that whenever military came into power they

tried to introduce a new political set up for their own support. It seems that they

wanted to ousted old and veteran leaders and loyalties and generated new one.

Observers analyzed that “Devolution Plan” or decentralization of authority actually

was making central government more strong and stable on the cost of the authorities

of provinces. 653

Further, Veena Kukreeja is of the opinion that devolution plan was meant

destruction of political process of the country.654 Hamid Khan stated that this system

kicked out whole district set up in dismay. Most of the observers including political

parties took this plan as “old whine in new bottle” which established rule of few who

are rich and have control over state machinery.655 In sum devolution plan received a

lot of criticism by political parties and political leaders of the country. In fact,

652Arif Hassan, in his article Local Government Reforms in Pakistan, discussed some issues related to

the devolution plan introduced by the Musharraf in Express Tribune,16 November 2012. 653 Ibid. 654 Veena Kukreeja, 2003,op.cit.,p.278 655 Ibid.

230

Devolution plan was implemented without involvement of political parties which

further strengthen the hold of non-political objects in the political process.656

Furthermore, Musharraf started combining central authority with people’s

participation in “devolution plan”. It was a unique combination of authoritarianism at

centre and democratic set up at local level. It was also understood that it increased

common people’s participation including peasants and women. But one flaw

remained there when political parties were not taken as major partner of power

sharing and use. This system was not on the basis of party system and parties were not

orientating the common people in various parts of the Pakistan. 657Ali Cheema has

inferred that local government system went for more fragmentation than integration of

political matters and leading to the system of patronage ultimately.658 It was not

without criticism that democratic efforts in the name of devolution plan were formed

and implemented to secure the purposes of military to stay in power. This notion is

also supported by Hamid Khan that, they people were not trained enough to

understand and execute polices in the best interests of the masses. 659Ian Talbot has

discussed the year of 2002 with two or three developments i.e. search for democracy,

new elections and political parties restructuring and reformation which shaped the

political structure of the country.660

8.4.Legal Framework Order 2002

At this time of point, there were some other developments were taking place

when Musharraf shown his intension to make himself strong and authorized of whole

political set up after having changes in the Constitution of 1973. 29 Constitutional

amendments were suggested.Major and pivotal change was to restore and reintegrated

656 See detailed discussion on local government reforms given by Musharraf in 2001,in,Ali Cheema, Asim Khawaja and Adnan Qadir,Local Government Reforms in Pakistan Contents, and

Causes,in,P.Bardhan and D. Mookerjee,eds.,MIT Press,Massachusetts,2006

657 Ali Cheema,Adnan Qadir and Roger B.Myerson ,Breaking the Counter Cyclical Pattern of Local

Democracy in Pakistan,http://home.uchicago.edu/rmyerson/research/pakdemoc.pdf.

658 Ali Cheema, 2006,op.cit. 659 Hamid Khan,2004,op.cit., pp.496-497

660 Ian Talbot, “Pakistan in 2002: Democracy, Terrorism and Brinkmenship”,Asian Survey Vol. 3, No.1,( Jan-Feb 2003)

231

58(2)(b) through which President could be more powerful than Prime Minister and

could dissolve assembly and cabinet. Unfortunately, such changes were not seeking

any stability in the political process of the country. There was another step taken by

Musharraf to declare graduate degree for the members of the assemblies either

National or Provincial Assemblies. It was opening a new debate and criticism among

various groups and sections of the society and especially in opposition who

completely rejected the university degree as criteria to have good and effective

leadership in Assemblies. It was also anticipated that National Security Council would

be formed who will not any look into the matters of nation’s security but democracy,

provinces related matters and governance issues would also be under its fold.

After referendum, Musharraf went for another political development to keep

him in power more strongly. This was the time to remove all checks on the power and

position of the President to use his authoritarian rule. As it is the part of the

Constitution of Pakistan 1973 that, President would be a nominal head of the State

and actual powers lie with Prime Minister. But it remained a dilemma of Pakistan’s

political history that it spends its most of the time under military rule and military

man is always in a position of command. Therefore, whenever they capture political

authority by coercive force, two major purposes will be in front of them always; 1st is

to seek his strength through the use of force and 2nd

is to introduce such policies such

steps through which they could secure themselves. Musharraf got support and loyalty

of people / masses after introducing LFO and local government system.661

For this, Musharraf obligated Legal Framework Order on 21 August, 2002. It

had some features among them two main features were as:

� Related with ensuring democracy.

� Strengthening institutions in the country. 662

661 Charles H. Kennedy, “Pakistan in 2005, Surveying Domestic and International Tremors”, Asian

Survey, Vol. 46, No. 1 (Jan, Feb, 2006)

662 See detail account on LFO, Ian Talbot, “Pakistan in 2003,Political Deadlock and Continuing Uncertainties”,Asian Survey,Vol.44,No.1(Jan-Feb 2004),pp.36-42.Also see in Hamid

Khan,2004,op.cit., pp. 497-499.

232

In LFO seats of National Assembly and Provincial Assemblies were increased.

Women representation was also increased. 33% seats were reserved for them. Age of

voters was reduced from 21years to 18years. LFO got criticism due to Musharraf’s

denial of democracy with having two positions at same time, one was President and

other was Chief of Army Staff. Furthermore, his position as President already under

objection when he became president through referendum held on 30th April, 2002.

When Musharraf presented 17th amendment in Constitution on 26

th December

2003, it was passed by the National Assembly on 29th December, 2003 despite having

the fact that ARD and other political parties boycotted it. Still it was controversial that

LFO was not presented to the Parliament even when it had to be the part of the

constitution. These all steps and policies were against the norms and established

principles of Rule of Law. The man who was giving that document and it would have

to be implementing without following any law of the land which was highly pitiable.

8.5.Election of 2002

Although, LFO was promulgated on 21st August 2002, and as the part of the

LFO, general elections were held in October 2002. Military at this time of point

materialize its own interests and objectives. Condition of Graduation was made

mandatory for the members to be elected. PPP and PML (N) were taking benefits out

of it rather considering it as strategy by Musharraf to keep old and traditional landed

aristocracy and power holders out of power fold. It was also considering as disgrace

of old experienced persons.

According to Musharraf and framers of LFO, through graduate assembly, the

quality of representation can increase which can compete with other representative

bodies of the world. Furthermore, Musharraf gave an order to hold public office

related to the qualification663.Might be, Musharraf was inspired by the Plato’s thought

on leadership who stressed that “education is the only criterion by which leadership

can be developed in a society.”664But on the other hand, contrast of his thinking could

be well judged when Ijazahs was acknowledged as higher degree for elections which

further undermined the position of PML (N) and PPP and Islamist parties got

663 For detailed account see Appendix XXX 664 George, H. Sabine, A History of Political Theory, (London: George. G. Harper, 1966)

233

advantage from this condition. Musharraf planned to make country on modern road

and modern enlightenment was his one of the major themes of agenda.665

During these

elections, Islamist parties formed MMA.666

In 2002 elections, MMA got 11% of total

votes which was not different from its previous position. Only in the province of

NWFP, MMA got 82% of seats of total seats of Provincial Assembly.667

It seems that

what Musharraf introduced in LFO for general elections, it had aimed not full

democracy rather quasi-democracy.668 Military, by tradition was not willing to share

power fully with people representatives but try to keep control on it in one way and

the other.669

Khalid Ahmed analyses in his article that Musharraf had two faces and dual

approach to remain in power. He criticizes Musharraf as to why he claims to be liberal

when he supported religious conservative alliance in 2002 elections.670 It can be

interpreted like that what suits him, he was claiming on it, either becoming liberal

person or remaining upon Conservatives. However, he introduced many political steps

to make himself strengthen in political scene of the country. Provincial Constitution

Order (PCO), National Accountability Bureau Ordinance (NABO), Legal Frame work

Order (LFO), National Security Council (NSC), Anti Terrorist Measures (ATM),

National Reconstruction Bureau (NRB), and Devolution Plan, were the part of these

steps.671

He took certain steps against political parties and their leaders were made

accountable under accountability mechanism. Furthermore he went for introducing

such political bodies and institutions through which he could be called as legitimate

665 Vali Nasr Military, “Islamism and Democracy in Pakistan”, Middle East Journal Vol. 58, No. 2

)Spring, (2004. 666 MMA was formed under the patronage of Musharraf, It was comprising of JUI, Jama’at, JUP Ulama

and Shi’i parties.For detail account of MMA formation and position see Vali Reza Nasr Military, Islamism and Democracy in Pakistan, Middle East Journal vol. 58, No. 2 Spring, 2004

667 See results of 2002 elections in Appendix No XXXI ,MMA position,results and other related detail can be seen in Vali Reza Nasr Military, Islamism and Democracy in Pakistan, Middle East Journal Vol. 58, No. 2 (Spring, 2004)

668 Quasi democracy is defined as pertaining to or of nature of democracy, its like a resemblance with actual phenomenon of democracy.

669 Veena Kukreeja, 2003,op.cit., p.280

670 Khaled Ahmad, Political Developments in Pakistan:1998-2008, (Lahore: Vanguard Books, 2010),

p.288.

671 See detail account of such steps in Craig Baxter, Pakistan on the Brink: Politics Economic and Society, (Oxford: Oxford University Press, 2004)

234

ruler of Pakistan.672

Elections are considered as an instrument to get the right people

as representatives of the people but it is not so true. It is due to one reason that rigging

and corruption always remained features of Pakistan’s elections. European Union

Election observation Mission (EUEOM) also presented a report on the pre-polled

rigging in 2002-2005 elections. Similarly, a qualification criterion was also one of the

main features of 2002 general elections which targeted the main political parties’

members so that they could not contest the elections.

8.6.Elections and PML (Q)

When new elections of October, 2002 were announced, military formed a

political party consisting of those people who were not happy to stay with PML (N)

and PPP any more. 673

It may be that section of the politicians who were not sincere

with the people even with their bosses and obviously, at that time, it was military who

formed a separate party for such members. That party was PML (Q). The members

who joined Kings Party, PML (Q) got advantages in many ways (see detail in Hamid

Khan P.500). Musharraf formed MMA and PML Q to capitalize his interests because

due to the gap between presence of political parties and representatives that ultimately

called non representative of the people. Turnout of the votes was 40.69% in 2002

elections. What it shows that rest of the population did not show up in elections and

without representation. It was a matter of high attention but no institution paid

attention towards it.674 PML (Q) won the elections in suspicious manners as Hamid

Khan discussed.675On November, 24th 2002, Zafarrullah Khan Jamali got elected as

Prime Minister, a Baluchi from Baluchistan most disadvantage province of Pakistan.

He proved to be highly ineffective Prime Minister and of no use of military authority.

Therefore, after less than two years of his rule, he was forced to resign. He did so and

Chaudhry Shujaat Hussain became Prime Minister of Pakistan for one and a half

month. He was the leader of PML (Q) a ruling party in Assembly. When he was

nominated as Prime Minister his successor was also declared that was Shaukat Aziz.

Even he was not the member of the National Assembly. Later he got elected after

672 Khalid Ahmed,2010,op.cit.,p.288 673 Hamid Khan, Constitutional and Political History of Pakistan,(Oxford: Oxford University

Press,2007),p.500 674 Institutions here means that political parties, leaders and various pressure groups. 675 Hamid Khan,2007,op.cit.,p.500

235

contesting elections from two constituencies and declared as Prime Minister of the

country in 2004.

Above mentioned situation was clearly depicting that changing of Prime

Ministers was on the discretion of the military man and civilians were under the

control of military. Situation was no more different from the early time period of

Pakistan’s democratic flaw.

8.7. Musharraf and Political Parties:

Veena Kukreeja, an Indian writer is of the view that when Musharraf treated

members of various political parties, it reminds the Machiavelli’s strategies to

manipulate the politicians for his own interest.676 Yet, Musharraf brought changes in

Political Parties Act on 9th August, 2002 which targeted political parties and their

leaders. Corruption charges were put on individual leaders and filed cases against

Nawaz Sharif. It was to be rated that military man did try all his efforts to keep

civilian leader ousted from the politics. At that time two national leaders were in

prison and Musharraf was fully in a position to manipulate the situation and to

maintain his authority. Military, being single major political figure had to use many

ways and tactics to remain in power and legitimize its position.677

In this connection,Ifitkhar H.Malik made his opinion about military man’s rule

that army man cannot resolve the issues and problems of Pakistan due to lack of

knowledge about such political issues and for making compensation of it they always

tried to introduce reforms.678 Moreover the elections results of 2002 under military

control alarmed the whole Pakistan and the world. Surprisingly everybody knows and

understood the fact that Musharraf is the person who brought such fundamentalists in

power again.679 Election results of 2002 were stunning for everyone, but Musharraf

was silent on this great change that occurred in the country. Political system of the

country was in turmoil. During these elections, Pakistan again on the cross road where

676 Veena Kukreeja,2003,op.cit.,p269 677 Vali Reza Nasr, 2004,op.cit. 678 Ifitkhar, Malik, “Reconstructing Pakistan: The Way Ahead”, Economic and Political Weekly,Vol.

34, No. 46/47 (November, 1999).

679 Zafar Altaf,ed., “Time for Musharraf to resign like two share Democrats”, Working with Benazir Nawaz and Musharraf,(2003), p. 80

236

political parties got advantages out of the prevailing political situations of the

country.680

On the other hand, while seeing PML (Q) one can called its members the

people of ‘all seasons’ and getting political positions on the basis of undemocratic

rules instead of democratic rules. John F. Kennedy was right when he said: “The

essence of democracy forth in the wisdom of the people and their views no matter

how poor that wisdom is better than all the wisdom that a non-representative’s ruler

arrogates to himself”. 681

Though military is a non-representative body but clearly, it is a vital

component of the political system of Pakistan. And what military man took a step to

hold elections and called it democracy is not whole matter. Democracy is more than

election results. Interestingly, it was not noted in 2002 elections that in NWFP, MMA

got majority of votes and in National Assembly it got 55 seats which indicated that

religious political parties have to play a significant role in national politics of the

country. It all could have been possible under the leadership of the Musharraf.

Musharraf believed that democracy and democratic set up should be according

to the peculiar features of the country and its environment. 682It is analyzed that he

tried to establish true democratic set up while introducing devolution plan, through

which he could empower people. But actually what he made mockery with democracy

after splitting parties, charging their leaders with corruption, buying of loyalties from

one party to another. He patronage those politicians who wanted to settled their score

in power game and don’t want to lose its place in political arena of the country.

It was observed that Musharraf, himself, talked about democracy at

great deal. He also stressed on the importance of elections and regular elections after

specified interval. He admits that Pakistan has been failed to evolve a viable

democratic set up in the country since its creation and especially after the demise of

Quaid-e-Azam.683

His words were showing his autocratic style when he said that he

needs a new political party to imply his agenda and course. He also realized that he

has to indulge himself more in politics more. He also intended to go for more political

680 Ibid.,p124

681 Ibid.,p.223

682 Pervez Musharraf, In the line of Fire, (New York: Free Press,2006),p. 154 683 Ibid.,p.166

237

reforms for Pakistan in future. And he, in later years done that while bringing certain

changes in Constitution.

Social variable is also an important criterion to judge and analyze the qualities

of a leader. It is also searched that educational system and its characteristics has lot of

with the development of any country and its process of democratization. Various

observers have highlighted the role of education at different level in bringing

democracy. 684

There is relationship between an individual, education extension and

democratization. Education inculcates various capacities in citizens of any polity.

Citizens will be acquiring new knowledge, dexterity, modern viewpoint and

participative.

For this,Pervez Musharraf showed a great concern to the education sector. He

had spread Education over the whole country. He also put focus on the education of

girls. He also established a new setup for the promotion of higher education in

country and for this purpose he generated Higher Education Commission (HEC) of

Pakistan.685 Though, this way certain changes took place in education sector. With

having the condition of education for representatives at graduation level may be a

progressive step and till that time Musharraf was inspired to go for introducing

reforms in education for strengthening the nation. It was proved that in Korea and

Taiwan these two factors played a vital role in bringing country’s stability through

education and land reforms. Musharraf took incentive from this notion and stressed on

HEC and more research in Pakistan. The increase attention in education field

especially, in higher sector could be analyzed that before 2001 the total number of

PhD’s were three thousand but after establishing HEC and focusing on education and

higher studies, PhD’s were 8,142 in total.686

Literacy rate in 2004 for male was

66.25% and for female literacy was 42% and total literacy rate was 54% in 2004.

It is interesting to note that in Pakistan, all social groups are already part of

democratic process of the country either run by military authoritarian set up. Pervez

Musharraf had ability to carry out with such social groups of the country who were

684 Aaron Benavot ,”Education and Political Democratization: Cross-National and Longitudinal

Findings”, in Comparative Education, Review, Vol. 40, No. 4 (Nov,1996) 685 Ibid.,p.310

686 Shahrukh Rafi Khan, Pakistan Under Musharraf 1999-2002: Economic Reforms and Political Change, (Lahore: Vanguard Book Ltd, 2004),p.5

238

considering themselves as modern and liberal. They were middle classes.687

When

Pakistan’s experienced with 1990s democratic era, it seems that Pakistan kicked out

military from politics forever but it was an illusion. Because military always claimed

itself as sole configuration of Pakistan who could do well for the stability of the

people. Musharraf’s role as President of Pakistan in uniform and placement of

National Security Council in politics presented dual policy of Musharraf to promote

democracy. Meanwhile, on 27th December, 2007, Benazir was assassinated. Nawaz

Sharif, an opposition leader in an interview with SPIEGEL on 31st December, 2007

blamed that Pervez Musharraf is a complete failure.

Wilson John has stated that “Democracy is the only way and suits in a country

where culture and environment is ready to adopt it”. In Pakistan, democracy could

not flourish which has three reasons; lack of development; instability and

Islamism.688A close observation of the event that were taken by Musharraf, indicated

that he made noise for democracy but actually it was a dictatorial regime where army

man was a sole decision maker. It was not less than of interesting phenomenon that he

recruit and implied army man in civilian institutions i.e. administration.689

8.8.Seventeenth Amendment 2003690

In a democratic set up, to bring changes in the Constitution to meet the

requirements of the polity is vital. In the world, most of the constitutions are having

place to be amended so that it could compete the challenges of the time. Constitution

itself directs and gives process to bring amendment in Constitution. Unfortunately,

Pakistan faced shocks while bringing changes. It was evident that most of

amendments among eighteenth amendments of the constitution were brought by the

national leaders to protect themselves and their interests.691

It was not the changed scenario when Musharraf brought another amendment.

On 31st December, 2003 seventeenth amendment was passed. MMA was great 687 S. Akber Zaid, State, “Military and Social Transition: Improbable future of democracy in Pakistan”,

Economic and Political Weekly, Vol. 40, No. 49,(December, 2005)

688 John,Wilson,eds.,Pakistan: The Struggle within,(Delhi:PEARSON,2009),p.2

689 Ibid.,p.12 690 See detailed account of 17th Amendment brought by Musharraf in Appendix No XXXII

691 Pildat Briefing Paper: For Pakistani Parliamentarians, (August, 2004),p.23

239

supporter of this amendment. Through this amendment Musharraf got powers to

dissolve the assemblies. Seventeenth Amendment was brought to legitimize LFO

given by Musharraf in 2002.692

Seventeenth Amendment changed the whole structure

of the Constitution. Most of the amendment did not follow the procedure which is

written in constitution itself. Seventeenth Amendment was passed in hasten to present

a reason of conduction of SAARC conference in the beginning of January 2004.

Rulers and leaders did not develop a habit for debates. Political culture yet has to

develop for workable democracy.693 In 2004, he broke his promise to remove uniform

and leave the office of (COAS). Ron Moreau, a journalist of Newsweek has

commented on Musharraf‘s stance on denying of leaving of his both positions i.e.

presidency and COAS “Musharraf did not have confidence in the political system or

in his ability as a politician to keep the power he would give up by leaving the COAS

post”.694

He made that promise to get support from opposition and others for getting

17th amendment passed. Interestingly, he took plea under the notion of stability. He

himself announced that he had to remain in two offices because it is the need of the

country’s stability.695Zahid Hussain gave his comment in Newsweek that “Musharraf

was a typical army man and that was the reason for his downfall. He could not read

the mind of the people. He always thought that he could control the situation. He

misjudged the political situation badly. It came back to haunt him.”696

Shuja Nawaz

also came forward with his account about Musharraf’s program to say in both offices

that

Musharraf simply did not trust democracy with all his noise and confusion. He strongly felt

that whenever he left the office, particularly once he shed his military rank, the country would revert to

its Hobbesian state of political anarchy and would need to begin a new the passage to democratic

norms.697

692Charles H. Kennedy, “Pakistan in 2004: Running very Fast to Stay in the Same Place”, Asian

Survey,Vol. 45, No.1( Jan-Feb 2005)

693 Pildate,2004,op.,cit,p.23 694James,P.Farwell, The Pakistan Cauldron,(New Delhi: Pentagon press,2011),p.98 695 Yunas Sammad ,2011,op.cit,p.199 696 Ibid. 697 Ibid.

240

With having such ideas, Musharraf paid the cost of his actions politically later

on. In 2007, All Parties Democratic Movement (APDM) was formed to contest 2007

upcoming elections. It was composed of 32 parties.698

8.9.Musharraf and Economy:

Amazingly, after coming into power, Musharraf talked about restoration of

economy of the country. One observation of economic steps of Musharraf was that he

had intention to clean up the economic mess and improve it after having certain steps.

Although, it was an uphill task but Musharraf did and tried to catch these people who

always got benefits on the cost of poor. In those initial years, Musharraf realized to

launch a solid and comprehensive economic plan based on collection of taxes from

rich so that near dead economy could be restored and new breath would be installed.

Revival of economy and economic setup of the country was the part of Musharraf

seven-point agenda:

� Rebinding of national confidence and morale

� Strengthening of the federation by removal of inter provincial disharmony and

restoration of national cohesion.

� Revival of economy and restoration of investors’ confidence.

� Ensuring law and order and dispensing speedy justice.

� De-politicization of state institutions.

� Devolution of power from grass root level and

� Ensuring swift and across the board accountability.699

It is to be noted that above mentioned points directly or indirectly affect the

process of democratization of the country. In the presence of such agendas no other

step was required to establish democratic institution in the country but in later years

698 APDM was a political alliance formed against the military rule of Musharraf. Its members include;

Pakistan Tehreek –e-Insaf,National Workers Party,Pakistan Muslim League (N),Pakhtun-Khaw mili Awami Party,Muttahida majlis e Amal and Awami National Party.

699 Safdar Hassan Siddique,2004,op.cit.,pp.201-202

241

things were altogether changed. In this agenda, Musharraf took drastic steps against

corrupt politicians and went for upturn of loans which were not paid in time. He also

put efforts to launch a measure against tax eluders. It was not only against Nawaz

Sharif and Benazir Bhutto but all top illustrious people and strata of the society who

were not paying taxes and always in habit of not to pay loans back.700

Thus, Lawrence

Ziring discussed that at that time economy was presenting gloomy picture and huge

debts affected GDP very badly. Unfortunately, it was the time when Pakistan got

economic sanctions due to her nuclear test. It further aggravated the economic

situation in the country.701 There was little relaxation given by IMF when Musharraf

promised to pay little portion of debt back in 2000.702 In spite of this, financial

conditions were not in improved form and Pakistan remained dependent on its

friendly countries like Saudi Arabia but it was not sufficient for the recovery of whole

economic set up of the country.

In this scenario when country was having sufficient finances to repay loans

and control the inflation and improve GDP, Musharraf took a plan to curb all the

corrupt Janta to make country more strong and clean. Interestingly, this phenomenon

is commonly used by all political leaders who come from the military to “Cleansing

the System”. 703 It may be one of the justifications presented by a military man to be

in politics and to hold government. According to this, with the introduction of

economic reforms which would be on structural basis, Pakistan could be in a position

to cover and come up with the solutions of this economic crunch. Economy has one

hard reality since Pakistan’s inception that people are tax evaders not tax payers

which push country into economic stagnation rather upward development and

boost.704

Although, many policy options were given by previous governments to

remove and reduce poverty and generate economic resources and employment

opportunities but reality was contrast of the slogans and sayings. It is estimated that in

2003, there were 1.5 million out of the 140 million population who were paying taxes.

Very small number and portion of population is in habit to pay tax but most of them

700 Veena Kukreeja,2003,op.cit.,p.275 701 Lawarence Ziring, 2004,op.cit.,p.272 702 Ibid.,p.273 703 Veena Kukreeja,2003,op.cit., p.275 704 Ibid.,p.276

242

were tax evaders. About 23.9% was recorded poverty in Pakistan in the year of 2006.

They were those people who were living below poverty line. And national statistics

showed less poverty ratio in the country during the fiscal year of 2007-2008 which

was 17.2%. It was healthy sign that poverty was going to be reduced. But pathetically,

government’s own calculations were not in favor of those statistics when it was

showed that 44 million people were living below poverty time.705 It was to be noted

that during Nawaz government poverty reached to 35.20% which was indicating bad

economy.

Hence, there was another absurd situation which occurred when war on

terrorism was launched by America with the support of America. It was taken as

advantage for Pakistan that Pakistan will be in position to materialize and capitalize

the situation but it was merely a perception because Pakistan could not handle and use

Usama Bin Laden on the cost of its economy. Pakistan got very little advantage out of

it. In 2001, American provided aid to Pakistan $10 billion which was huge aid.706

Foreign Aid can add to democratization process in some manners: (a) by

conditionality (b) by increasing level of education (c) by technical support on

elections, to keep check on executive while strengthen-ing legislative bodies and

judicial institutions and to progress civil society with a free media.707Most of the

donor countries gave aid to have aim for the promotion of democracy in the recipient

country. Unfortunately, Pakistan did not use foreign aid for the promotion rather

decaying of democratic institutions.

In reality, U.S Agency for International Development USAID correctly claims

for the increase of democracy in the various parts of the world and got success in this

regard. “There were 58 democratic nations in 1980. By 1995, this number had jumped

to 115 nations. USAID provided democracy and governance assistance to 36 of the 57

nations that successfully made the transition to democratic governments during this

705 Ibid.,o.277

706Bhawan,Thapaliya,”Democracy:ThebigTopicof

Discussion”(Pakistan,www.globalpoliticians.com/speed=2926)

707Stephen Knack Source, “Does Foreign Aid Promote Democracy?”, International Studies Quarterly, Blackwell Publishing, Vol. 48, No.1,(Mar., 2004)

243

period.”708

Somehow it becomes true but in later times this hypothesis does not have

approval with the inclusion of other strong variables for the success of democracy.

But it does not mean that the relationship between aid and democracy should be

condensed.

While considering this notion of aid, Pakistan’s economy was growing during

that period and ‘Economist’ reported that it might be 7% that year. Moreover, foreign

reserved and foreign investments also increased. As Lipset in his work ‘Political Man’

substantiates that democracy is highly related with the echelon economic development

of the country.709But the fact remained very hard that instability and chaos at home

and at abroad due to war on terror could not improve Pakistan’s economy.710The

argument presented by Lipset’s and his stance on the relationship between strong

economy and democratization process is also favored by Robert Looney when he said

that it is the economy which gives strength to any democracy.711 During Musharraf

era Pakistan’s economic growth rate was 7.0% per annum.

� Per capita income got doubled

� Pakistan was included and transferred herself into four rapid growth

economies of Asia.

� Size of economy got doubled.712.

It is well analyzed by Robert Looney that major factor of losing elections of

2008 by Musharraf was economy. Surprisingly, economy was in good position but

actually not feeding poor of Pakistan. Even he came up with economic plan for

keeping national interest at peak. That economy based plan was having its own

708 Ibid., 709 Uk Heo and Alexander C. Tan,”Democracy and Economic Growth: A Causal Analysis

“,Comparative Politics, Vol. 33, No. 4 (Jul., 2001), p. 464 710 Lawrance Ziring,2004,op.cit.,p.332

711 Robert looney, “The Musharaf Paradox, The Fortune of an Economic Success Story” The Open Area Studies Journal (2008)

712 Apmlus.org/economic –growth- under –Pervez Musharraf, In the field of investments, unemployment, poverty, inflation, deficit and debt, external sect of economy, Input-Export, Exchange rate, Remittances Crimpy marketing and in stock market, Musharraf ‘s performance could be seen and well analyzed.

244

impact.713

But the most crucial issue has remained under the observation of people of

Pakistan is (atta) flour and they wanted to fulfill their basic needs. They demanded

such a person who can resolve these issues of people of Pakistan. But surprisingly,

Musharraf and his fellow colleagues considered that they were putting Pakistan in

take-off position.714

Musharraf’s administration got failed to manage and sustain

economic growth due to the failure in growth increasing institutions. It affects the

process of democratization in the country because public access and public interests

were not properly entertained. It was well judged by Shahid Javed Burki that

Pakistan’s economic situation got negative curve due to certain factors and among

these factors, non-availability of any national level economist who could do for the

improvement of the country’s economy.715

In his initial years, it was evaluated that “a non-democratic government can

create democratic conditions for decentralization and economic climate for revival

Najam Sethi said.716When Musharraf took over political power, it was need of the

time to clean and clear corruption in the country. Because for democracy, honesty is

must requirement. 717 It was also discussed in a conference paper in 2007 that all

problems of Pakistan are found in one paradigm that is military hegemonic rule which

dominates or controls every sphere of the country’s life.718 It is worth noting to

analyze that transformation of this institution of military should be taken place so that

other institutions would be transited for development. But it’s the fact that military

has been playing vital role in the politics as well as in the economy of the country. It

brought political and economic development in the country. It always claimed to be

the sole responsible to take radical steps to improve economy. Ayesha Saddiqa

presented her argument regarding military’s position in the major pillar of the state

that is economy and said that military has built its stakes in all sections of the

713 That plan was of four folded includes; to get macroeconomic stability, to discard micro economic

fallacies after having structural changes, to sustain with economic governance, to decrease poverty. They all forms could be taken together so that economy could be put on developmental road, by Pervez Musharraf, In the Line of Fire,(New York:Free Press,2006),p.182

714 For detailed account of economic performance of Musharraf,see Data Sheet Appendix in Robert Looney,2008,op.cit.,p.6

715 Shahid Javed Burki, Changing Perceptions, Altered Reality. Pakistan’s Economy under Musharraf, 1999-2006, (Karachi: Oxford University Press 2007), p.373

716 The Economist, Pakistan’s new Old Rulers, October 14, 1999. 717 Ibid. 718Christian Frohlic, “Pakistan in Permanent crises: is there a way forward”, Conference Paper for the

Heinrich Ball Foundation, Barim Germany, (October, 22/23, 2007)

245

economy and now its role has moved from traditional claiming to liberal role.719

However, military’s position in politics is not liked by many and its interference in the

political process of the country is dire enough.

Furthermore, Vali Reza Nasr made an analysis of military’s intensions to

come into power. Musharraf had his own style of working. His vision was moving

beyond of Zia and Ayub and he sought collaboration between army and middle liberal

class of the country which put country into difficult situation.720

It was analyzed

that very few people who were living in country got benefit from every kind of

economic growth. But poor and middle classes remained under economic constraints

to fulfill their daily based needs.721Data presented a gloomy picture that in 2002, the

share of rich class in the benefits of increased and growing economy was $64 billion

but reached to the $160 billion in 2007 which was presenting imbalance economy of

the country. Some basic needs issues were not properly managed by the Musharraf

government. Sugar, wheat, electricity, health, education, corruption were the main

problems and causes of the demise of government of Musharraf.722

Economy was presenting a sullen picture at the time of Nawaz Sharif’s

dismissal but after Pakistan’s entry into “War on Terrorism” the scenario changed.

IMF gave reliefs to Pakistan in debts, loans and soft loans.723 He, therefore, focused

on the good governance and development of economy in stable politics. Economy, as

claimed by economist of Pakistan that got stability and strength with loans and help

from Pakistan’s friend’s countries and IMF. On the other hand Commonwealth did

not accommodate Pakistan to get assistance from it. Besides economic development,

some observers are of the view that also he had to do such steps through which he

could secure himself politically because grabbing power is easy but difficult to

maintain it.

Land reforms were also introduced as previous leaders have done with having

no appropriate fruits. It was to be noted that Musharraf had to look into the changed

719 Ayesha Saddiqa, Military Inc:Inside Military Economy,(London: Pluto press,2007),p.24

720 Vali Nasr, “Military Rule, Islamism and Democracy in Pakistan”, Middle East Journal, Vol. 58, No. 2 (Spring 2004), p.201

721 Burhanuddin Hasan, Breaking Point,(Karachi; Royal Book Company,2009), p.253 722 Ibid.,p.260 723 Yunas Samad,2011,op.cit.,p.197

246

policy and program for farmers where they could be benefited in consolidation of

land, tenant’s contract support for extension to improve output from farms.

8.10.On Edge with Baluchistan

Despite of this fact that Pakistan’s economy got stability at certain extent but

at the same time Pakistan faced crises between center and provinces. At that time

Baluchistan, became violent due to ethnic tensions; the face of Baluchistan presented

a chaotic situation in the country. It was also becoming a threat to the national

integration of the country. It is viewed that leader fails to manage such ethnic

diversities in Pakistan. Empirical findings which derived from the opinions of Social

Scientist of the country show that there is lesser tendency among leaders to minimize

ethnic tensions.

Table No: 8.1 Leaders Successful in Managing Diversity

Leaders Success Number of Responses Percentage

Larger Extent 6 8.8 %

Lesser Extant 36 52.9.%

Certain Extent 26 38.2%

Table no 8.1 shows that our political leaders failed to keep country integrated

and also could not minimize the ethnic diversities and their issues through taking

effective policy measures. A large number of Social Scientists that is 52.9% believe

that the role and efforts of political leaders are at minimal level to manage and

accommodate the grievances and issues of such identities. Only 38.2% considers that

leaders gave policies and took some steps to control the ethnic conflicts.

It is to be noted that Baluchistan’s issue due to its demands gained attention in

the eyes of every Pakistani. Demands such as provincial autonomy, adequate

distribution of economic resources and ouster of military and military operations in

the province were not entertained by the center since its inception. However, it got

momentum during Musharraf rule, a military man who believed in use of force. He

preferred the use of military force instead of political dialogue. He, according to the

247

report of international crises group, Musharraf is responsible to aggravate the ethnic

issue in Baluchistan.724

Furthermore, Musharraf policy to curb Taliban in South

Waziristan with military operation in 2004 provoked local people and their resistance

increased.

8.11.Crackdown on Higher Judiciary

Military in start, claimed for the independence of judiciary but various

petitions were filed in highest courts of the land and being an independent organ, it

had to listen and entertained these petitions who made military government and

military man irritated. Military also had a fear that, Supreme Court might restore

Nawaz Government which was not acceptable for military man. Crises occurred when

Musharraf passed ‘oath of office order 2000 and it was imposed. All judges were

obligated to take oath under this order but many refused it and some took the oath.725

It created a serious state of affairs in judicial department. Such development further

intensified the judicial crises and problems in years to come. However, Government

was permitted to work for 3 years to accomplish its 7 points agenda even it was not

possible for president to work with such huge agenda in a very short time.

Furthermore, Musharraf put the country in chaos with the sacking of Chief

Justice of Supreme Court. It invited agitation and violence within the state and

outside of the country. It also put a question of legitimacy of a military man. He

suspended Chief Justice of Supreme Court Iftikhar Mohammad Chaudhry for his

misconduct as said by Musharraf. Chief Justice went for ruling on Steel Mill’s

privatization and disappearance cases of people in Baluchistan. This action of

Musharraf to suspend the Chief Justice was criticized at huge level. It was raising the

question that either President had authority to dismiss Chief Justice or not.

On July 20th , 2007, Chief Justice was reinstated and he again started his

working to embarrass the government on certain matters. Democratization process

was derailed again but with the promise of instatement of judges in March 2008

opened a new way of seeking people’s opinion and role in the working of workable

724 Adeel Khan, “Pakistan in 2006: Safe Centre, dangerous periphery”, Asian Survey, Vol.47,

No.1(January 2007)

725 Ibid.,p.204

248

polity. October 6th, 2007 amazingly president got elected again, when Supreme Court

was going to decide about the position of Musharraf. But he reelected to be the

President of the country. Musharraf imposed emergency in the country on 3rd

November 2007. It was like Martial law. It was observed by the observers that it was

the time when country plunged into law and order situation. There was no respect of

the law of the land and Musharraf suspended the some of the parts / sections of the

Constitution related to basic / fundamental rights. Musharraf’s action pave the way for

his ousted from his office because protest, launched by the almost every segment of

the society against Martial Law.726Some data shows that 3500 people were arrested

during emergency. Prominent leaders of the opposition, lawyers and commentators

were in the hit list of the government. International media channels like CNN and

BBC and their reporters were also dismissed.727Till 2007, Musharraf’s democratic

efforts were badly affected due to his policy actions on certain issues.

It was looking evident that Musharraf government is going to be ended now.

And it was happened when he left his office of COAS on 28 November, 2007 and

announced new general elections in the beginning of New Year, 2008. All Pakistan

Democratic Moment (APDM) was threatened by the army not to take part in elections

but PPP and PML (N) were not trapped and contested the elections. It was also

important to mention that emergency was lifted up in December but a very tragic

incident took place in late December 2007, when PPP Chairperson Benazir Bhutto

was assassinated in Rawalpindi and it was resulted in postponement of election to 18th

February, 2008.Elections were held but not transparent. Legislative observers had

doubts on the management of election campaign and results.

Musharraf did try to influence elections in one way and the other. It was

highlighted that he tried to manipulate state institutions.728

It is also noted that some

candidates used and misused state resources for their personal benefits. In elections,

PPP won with 126 in National Assembly, PML (N) got 90 seats and PML (Q) won 53

seats.729 Turnout in 2008 elections was 44.5%. Interestingly, in these elections, more

people participated because in previous election of 2002 turnout was 41% which was

726 Yunas Samad,2011op.cit., p. 201 727 Burhannudin Hasan,2009,op.cit.,p.251 728 Ibid. 729 For results of elections 2008,see Appendix No XXXIII

249

3% less than of 2008 elections. It was also due to the media’s role which became

more open, free and diverse in 2007 and in 2008 elections. 730

8.12. Red Mosque Incident:

In capital city of Islamabad, in Red Mosque and Madrassa, some religious

fanatics were living there and converted it as a place of orthodox.731It had aim to

impose Shariah as its students were found in various violent and militant actions

against people and institutions for ensuring it according to their own set patterns. The

story of Lal Masjid took turn into state conflict when Musharraf, in initial years of his

rule, did not take strong steps to curtail activities of such groups with having large

account of arms and ammunition in Masjid and Madrassa. Lal Masjid incident

damaged the image of Pakistan in international arena. It was encountered by army and

rangers. Furthermore, many students including male and female got killed in that

attack. Musharraf clearly stated in his address on Pakistan Television (PTV) that

Pakistan is in crises where it is facing a confrontation of “moderates and extremists”

and further said that:

We Have been up against our people…they had strayed from the right path and become

susceptible to terrorism.What do we as a nation want?What kind of Islam do these people represent?In

the garb of Islamic teaching they have been training for terrorism…they prepared the madrassa as a

fortress for war and a housed other terrorists there.I will not allow any madrassa to be used for

extresim.732

Some observers are of the opinion that if Musharraf could not handle the

situations within the country to curtail terrorism, how he could protect Pakistan’s

borders with Afghanistan on terrorism issue. It also damaged the efforts of Pakistan to

portray its image as a true democratic polity.733

Red Mosque issue went against

Musharraf as Aysha Jalal stated. It was also analyzed that his conflict with judiciary

on dismissal of Chief Justice harmed him politically.734

Red Mosque and judicial

crises undermined his position and credibility in politics. In 2007, he made a lot of

mistakes which not only hit his personality as a leader of Pakistan but also process of

730 Yunas Samad,2011,op.cit.,p.202 731 James P.Farwell,2012,op.cit.,p.111 732 Ibid., pp.111-112

733 Burhanuddin Hassan,2009,op.cit.,p.251

734 Aysha Saddiqa,Military Inc,2007,op.cit.,p.114

250

the democratization in country such as in March 2007, he dismissed the Chief Justice

and on 3rd

November, he promulgated the emergency in country. When Lal Masjid

incident took place and military forces attacked Lal Masjid on 7th July, 2007 with full

operation he failed. He could not get enough support from the public on the issue

because he botched to mobilize the people of Pakistan in his favor.735

Meanwhile

Lawyers Movement got momentum for the reinstatement of the Chief Justice and he

had to admit this reality that he could save himself only if he accepts the revival of

chief justice as analyzed by the Khalid Ahmed.736

8.13.National Reconciliation Ordinance (NRO): A Musharraf‘s effort

being democrate

Pakistan Peoples Party (PPP) and Musharraf entered into National

Reconciliation Ordinance (NRO) on October 5, 2007. Musharraf went for NRO for

political factors and arrangement and it had one aim to transform dictatorial rule to

civilian set up. He wanted to give civilian face to his military rule. It was ‘Devious

Deal’ between Musharraf and Benazir Bhutto. Regretfully, it was not a practice in the

world’s democratic countries to condone corrupt people, bureaucrats, and politicians

in the interest of reconciliation at national level. NRO stated that “Notwithstanding

anything to the contrary in sub-section (1) the Federal Government or a Provincial

Government may before the judgment is pronounced by a trial court, withdraw from

the prosecution of any person including an absconding accused who is found to be

falsely involved for political reasons or through political victimization in any case

initiated between 1st day of January, 1986 to 12th day of October, 1999 and upon

such withdrawal clause (a) and clause (b) of sub-section (1) shall apply.”737

NRO provides reprieve to many officials in Pakistan which includes

bureaucrats and politicians who were charged with fraud, illegal money, corruption,

terrorist activities and murder from the time period of January 1, 1986 to October 12,

735 James P. Farewell,2012,op.cit.,p.112 736 Khalid Ahmed,2010,op.cit, pp.341-342. 737 Www.pildat.org/publications/elections/nropaper.pdf.November ,2007.

251

1999.This ordinance was protecting the politicians and bureaucrats from all kinds of

legal proceedings which could ultimately put them behind the bars. According to

Musharraf, NRO was need of the time to develop reconciliation among various

groups in politics of the country. He further stated that it will create an environment of

cooperation and reconciliation which smoothens the functioning of polity of the

country. It was height of corruption when looters of the state were going to be

released with having such action of Musharraf in the name of NRO. It left negative

impacts on the political arena of the country. Later on, Supreme Court declared this

ordinance null and void and non-constitutional on 16th December, 2009 which opened

a new debate in political sphere of the country.

Keeping in view all the themes which ensured democratization by Musharraf

or not, researcher has to draw some inferences about his strategies evolved by him to

make country democratized:

Table No 8.2: Musharraf’s Policy Approaches and their Impacts

Policy Approach Pattern and Impact

Modern Enlightment /Islamic Moderation People became more fundamentalist. Such

groups got strengthened while contesting the

elections such as MMA. Probably 246

religious organizations are working in

Pakistan out of which 20 are of militant

nature.738

Devolution Plan An effort to consolidate democratic

institutions but all controlled by the central

authority.

Women Representation Increased Started politics of patronage /Hold of

baradaris in politics again got strengthen.

Increase in Higher Education Produced number of Ph.Ds in the country,

Opening of Universities to conduct research.

738 Mohammad Amir Rana,Financial sources of Pakistan Militant and Religious Organizations,Conflict

and Peace Studies,Vol,2(July September,2009)

252

Formation of new Political Parties and

Alliances

Non representative political faction started

emerging on political scene of the country,

changing of loyalties commonly found.

Limited Corporations were formed in the

name of political parties.

Elections of 2002 Completely rigged elections, Delimitation of

constituency of a previous leader.

To counter terrorism while using Pakistan’s

land

Military Operations

People lost their faith on leadership of the

country, violent behavior upsurge. Target

Killings and Suicide Attacks were the results

Attack on Judiciary and other institutions

(Lal Mosque, Baluchistan Operation and

murder of Nawab Akbar Bugti)

Subversion of Basic Law. Also it united

various segments of the society.

Free Media Civil society became more vibrant as

compare to previous times

Source: Prepared by the researcher by using various sources

After coming into power, Musharraf proved to be a typical army man who

searched his legitimate place in polity through referendum, elections, devolution plan

and some times in the name of enlightened moderation. Newsweek quoted that with

all his doings, Musharraf did not trust polity and his position being politician. If he

got rid from uniform than he could not save himself and this feeling ultimately pushed

him to continue two positions.739

It is also seconded by Shuja Nawaz while saying

that Musharraf has no confidence and did not trust democracy. Even he made lot of

noise for it but with confusion.740

He tried to be a liberal and modern leader but of

autocratic nature in real.

739 James P.Farwell,2012,op.cit.,p.98 740 Ibid.,p.98

253

8.14. Conclusion

For the most part, in the context of this chapter, much of the work have been

done on Musharraf’s leadership performance and its role in shaping and reshaping of

democratic framework for the people of Pakistan. The present study deals with the

time period of 1971 to 2008; therefore, the research work would be confined before

holding the new elections of 2008, February. Elections of 2008 brought new

leadership in country. Yousaf Raza Gillani became Prime Minister on 18th August.

Asif Ali Zardari became President of Pakistan in elections which were held on

September 9, 2008 with having 481 votes out of 702 votes. It seemed that Pakistan

moved towards the democracy now where people representative Parliament will be

sovereign and supreme. When Pakistan People’s Party got majority of votes in

elections, it was commonly said that were sympathy votes to PPP due to the malicious

assassination of Benazir Bhutto on 27th December, 2007.People of Pakistan were

expecting a lot from PPP’s government after the arduous period of Musharraf rule.

They thought that PPPs rule will change the existing situation of fear, corruption, loot,

terror and dearness with peace, security, justice and harmony in the country. But

within a year it was clear that they have nothing to do with their positive and effective

role in bringing true democracy for the people of the country.

In this regard, an additional work has been done on the National Assembly of

Pakistan 2008 and some empirical findings have been collected. 1/3of total members

of the National Assembly were taken as sample. To know about their personality traits

and policy approaches, some were interviewed and on the other hand questionnaire

was filled in by some members of National Assembly. Due to the constraint of time

and requirement of the thesis such data is not becoming the part of mainstream

research work. To collect such information regarding the role of political leadership in

the process of democratization of Pakistan, different variables have been evolved.

These variables include; political, economic and social. For having little insight into

it, it becomes interesting for readers to find similarities and differences between

previous leadership role and present Assembly of the 2008. This information is

available in appendix.741

741 See appendix XXXIV

254

CHAPTER NO. 9

CONCLUSION

255

This research discussed the role of political leadership of Pakistan that

whether leaders have provided energy to democratize the country or their

performance has discouraged such developments. The study revolves around the role,

impact, qualities and policies of leadership that are associated with the process of

democratization. In the context of democratization the role and quality of leadership

gains prominent position and therefore we dealt with political policies that are related

to certain political leadership. Data was collected through numerous approaches;

politicians, officials, social scientists and the work of scholars. This research includes

literature review and conceptual framework which gave directions to the researcher to

dig out the realities of a role played by the political leaders in Pakistan. It also

revolved around explanations of various variables for seeking the role and placement

of leadership, in the process of democratization.

Political leadership played a significant role in shaping and reshaping of

Pakistan’s political system. That political system was a mixture of authoritarian,

dictatorial, democratic, autocratic, federal, parliamentary, presidential or unitary.

Nature of political system was determined by the kinds of political leadership,

whether civilian or military. Political system named as “democratic system” is the

need of the time because it is beneficial for the society.

Leadership, whether elected, charismatic, situational, qualitative, or visionary

has significant influence over the process of country’s transition from one phase to

another, which would be ultimately good for the large number of people of any given

polity. When Pakistan came into being, it was declared a modern democratic state. A

political leadership consists of either individuals that possess authority through a

formal position on a high level in a society, or individual considered leaders, even in

the absence of legally assembled positions in society. Thus informal leaders gain their

authority by virtue of sources of legitimacy other than legal. It is true that political

leaders and their selection condition the form of democracy. Pace of democratization

can be slow or speedy due to the role played by the leaders or the way they rule the

people on their behalf.742

742 Khinmamayo, Strong leaders and Representative Democracy, www.scribed.com,retrieve on

17.12.12

256

People’s aspirations and views could be better understood, engorged and

purified through the nature of leaderships. As we know that democracy is the rule and

power of people. However, it maintains balance among various structural functioning.

It is also a creation of balanced level of working of leaders and people’s participation.

Without participation leader cannot do well. Participation means political culture

including voting behavior, rule in administration and jury system etc. Schumpeter is

of the view about few conditions of the satisfactory working of democracy in which

he focused on the caliber of the politicians that it should be high.743According to

Schumpeter, leadership function of the superior few and it become true for Pakistan.

In Pakistan democracy provide the way for superiors to come up and rule over

masses. Nicholo Machiavelli focuses on the concept of “necessity” and considers it

must for strong leadership. This notion was use to establish its legitimacy on other

country. But in Pakistan ‘necessity’ is commonly used by leaders to make themselves

legitimate and they try to justify their rule within country.

In the eyes of James Mill the connection between leadership role and

democratization could be analyzed as “each representative may be considered in two

capacities, in his capacity of representative, in which he has to exercise of power over

others and in his capacity of member of the country, in which others have to exercise

of power over him”.744

The question as to whether political leaders consolidated

democracy in Pakistan or not. This question can be resolved through many ways.

These ways and dimensions may be descriptive in nature, qualitative or

experimentary. It is also highlighting some very obvious facts such as military which

remained in power for ruling which was one of the biggest causes of failures and

weak democracy:

� Inherent instability

� Stranglehold of political and religious parties.

� Lack of development, which is one of the biggest factor for the failure of

democracy in Pakistan.745

743 Schumpeter,Capitalism,Socialism and Democracy,(London: Allen and Unwin,1976), p. 250 744 Ibid. 745 Wilson John, Pakistan: The Struggle Within,(New Delhi: Pearson Education,2009)

257

As explained in the various chapters, Pakistan, experienced formal democracy

but not real democracy. With the arrival of every political leader, democracy took

different shapes in the country. Interestingly leaders showed same behavior towards

the components/elements of democratization. As demonstrated in the research, it is

not wrong to say that Pakistan has remained politically fragile and unstable as

analysis reveals. Most of the times since its creation, it presented pessimistic face

even social class differences widened from time to time owing to inappropriate

economic policy mechanism.746On the other hand, democratization has its own

components; elections, political parties, independent judiciary, rule of law,

participation and mobilization and strong economy etc. The nature of the role

performed by political leaders determines the process of democratization in any

country.

For the last 65 years of history of Pakistan’s politics, the country faced

challenges of failure of democracy and dearth of effective leadership who can sustain

democracy and move for democratization. My research found out that Pakistan, since

its inception, has made an effort to find out the relationship between leadership and

democratization. Moreover, it searched that what are those factors and variables

involved in ensuring democracy by leaders or vice versa. It is acknowledged by the

observers that more than one variable involved in bringing democratization by leaders

in Pakistan. And political culture is the main reason behind the slow the process of

democratization. In this, role of leader to inculcate the norms and ethos among people

is not up to that level which is necessary for workable democracy.

The foregoing study reveals that since its inception, Pakistan has remained

under various pressures and caught in numerous issues. Pakistan had to consolidate

itself first then to secure itself from territorial and economic endangers. Therefore, the

need of effective and true leadership was seeking at that time. Unfortunately, after the

demise of Quaid e Azam,soon after the first Prime Minister and a founding father was

assassinated. With this vacuum it became a dilemma for Pakistan’s political culture,

which was not nurtured and groomed well. Pakistan, after Quaid e Azam and Liaqat

Ali Khan could not get effective and sincere leadership. Conditions such as poor

literacy rate, health, transportation opportunities, and unemployment made Pakistan’s

746 James, P. Farewell ,The Pakistan Cauldron, (New Delhi:Pentagon Press,2012),p.227

258

political system weak and democracy could not flourish in its true sense. Therefore,

many people have taken democratization process as miracle in Pakistan within such

constraints.

The questions, which are highlighted in the introduction, have been properly

dealt by descriptive analytical based analysis along with some empirical findings. An

in depth study has been conducted for drawing on certain inferences. The argument

maintains that, in Pakistan leadership role in democratization of the country restrained

due to weak political culture. Elections prevailed in Pakistan’s politics since 1970,

when Pakistan got its first general elections, Pakistan experienced with the rule of

feudal and landed aristocracy. The leaders who came with their vote bank belong to

rich families. Mostly they are from upper strata of the society called elites. Political

actions and use of power cannot be reasoned without legitimacy whether, moral or

constitutional.747 In Pakistan, political leadership came from military and civilian

sectors but both have to determine their legitimacy in the eyes of the masses in a

rational legitimate way. Sometimes they used judiciary and manipulated the situation

and sometimes brought changes in the constitution thus changing the whole scene of

the polity.

Foregoing analysis reveals that democracy is affected badly by a number of

contributing factors. In includes, most importantly, political culture. Role of

leadership is determent by the nature of political culture either parochial, traditional,

participation and civic culture. Overall results of the research are that political culture

did not remain viable in which democratic norms could be nurtured. Process of

democratization is always taken as a sign of hope for people of the country. People’s

participation and institutionalization of people’s power can be best ensured through

democratic processes. Along with this, people’s participation economic wellbeing,

development of humanity are also very important, which always remained a point of

focus for human beings survival. But all these developmental aspects and aspiration

can be achieved through the performance and role of political leaders and elites of the

country.

747 Iqbal S. Husain, Pakistan: A Proved Nation, But Failing State, (Lahore, Humanity International

2007), p. 125

259

This reason has focused on the question that is to analyze the role of political

leader in the process of democratization in the presence of non developed political

culture. In these chapters, theoretical, empirical and methodological input of the

research has been concluded and analyzed. Through this research some findings are

drawn. It also concentrates on the variables of democratization in which role of

political leaders is judged. It is suggested that how political leaders affected the

process of democratization. Process of democratization is associated with the

performance of leaders. So far, the whole data collected in political leadership and

democratization process indicated that political leaders either military non military or

civilian elected people are responsible to shape or reshape the democratization

process of the country.

Since independence, Pakistan has been searching for an effective leadership

that can strengthen democratic institutions and norms. Z A Bhutto emerged on the

political scene of the country after great crisis; disintegration of East Pakistan.

Undoubtedly, he was a popular leader of Pakistan who came up with a new

combination of Islamic socialism to maintain equality among people and to accord

dignity to the poor. He was the leader who gave a unanimous and more workable

Constitution to the country. Some called him as “reformist” and some took him as a

“power brokers” Unfortunately, he could not sustain with his political qualities and

promises but indulged in strengthening his chair. On this basis Gerald A.Heeger

called his regime as “fascist dictatorship”.748

He, instead of strengthening party

structure was busy in building of his rule on strong footings. His populist style of

working changed with autocratic rule which ultimately pushed him out of political

power. After having sufficient review of the literature one can infer about the role of

Bhutto on two bases: first one was his background as feudal lord and second was to

misjudge his abilities to deal with the problems of the country. He was hanged to the

death by a military general who came into power though establishing Martial Law in

the country.

Zia-ul-Haq was a rigid conservative Muslim who tried to put country on

Islamic road which was determined by him. He was the person who damaged the

image of Pakistan as modern democratic state of the world. His Islamization program

748 Anwar H. Syed,The Discourse and Politics of Zulfikar Ali Bhutto,(Houndmills Macmillan Press,1992),p.249

260

related to every sphere of the society undermined the perspectives of democracy in

general and particularly in Pakistan. He promoted religious groups as political

identities which later performed as parties. He was the person who brought Pakistan

to the brink of huge catastrophe politically, economically and socially. He formed

MQM and responsible for creating sectarian tensions in the country which further

weakened Pakistan. During his regime economy got suffered a lot due to its non-

compatibility with world economic system. External and internal debts increased and

become a huge burden on the national Budget.

After the death of Zia-ul-Haq, Benazir Bhutto became prime minister of the

country and stood as the first female head of the government in Asia. She relied upon

her father’s popular support which she used for her standing in politics. However, she

created problems for herself with corruption and mis-governance and economy

worsened. In this way, GDP growth rate has decreased and corruption increased.

Economic Survey of Pakistan indicated slow economic development in the

country.749Moreover, political parties did not perform well. They formed factions and

split. By and large, these political parties were under the control of one family and

turned out to be as ‘limited corporations’, in which they are not in a position to

convey their messages to the masses.750Benazir Bhutto lost her stature as one of the

dynamic leaders of Pakistan which was based on dynastic set up.

As a result, Nawaz Sharif got the chance to rule over Pakistan as Prime

Minister of the country. He had already served the Province of Punjab, the biggest

federating unit of Pakistan, as Chief Minister during Benazir’s rule. Nawaz Sharif, no

doubt belonging to an industrialist family which in later years picked as a political

man (Politician).He joined Zia’s regime and started his political career. It was his

great fortune to be the part of Zia’s administration in which he got his nationalized

company back. He was a chosen person on the basis of its position in economic sector

of Pakistan and who himself had some material interests to be the part of politics. He

was also one of among few rich people of the country who were not in a habit to pay

749 See detailed account on economic developments which were taken place during the fiscal year of

1993-1994, in, Economic Survey Pakistan1993-1994,Government of Pakistan, Finance Division Economic Advisor’s Wing, Islamabad, Pakistan.

750 This term has coined by the researcher after evaluating the role of political parties and their structural functional attributes in Pakistan. It created the meaning that a political party is not coming out of masses rather generated by the one man and later would revolve around its family members and friends but not for common people.

261

taxes on their huge assets.751

He proved to be a traditional politician who believed in

using tactics to get and sustain power. It is witnessed that during his two eras,

Pakistan could not achieve its goal being democratic polity.

Paradoxically, it appeared that transfer of government from Benazir to Nawaz

Sharif will increase the chances of stable democracy but unfortunately it was shoddier

than the previous rule. Nawaz rule was not facilitating rather displeasing for the

masses of the country. His 15th amendment (Introducing Shariah law) created

commotion in the relationship between national government and provinces of the

country comprising of various identities. He made his rule more autocratic while

making institutions more disordered. Political parties, judiciary, economy and army

were presenting gloomy picture in the country who was already confronting with

various challenges. As it was evident that GDP growth rate has decreased to 2.5% in

1998 and more decreased to 2.3% in 1999752, which was awful for the assurance of

democratic stability in the country. Political leadership of Nawaz Sharif could not

create a real democratic regime rather centralized the authority. The real issue related

with the elected leaders of Pakistan is that democracy has not remained their priority

such as true for Nawaz Sharif.

Non conducive and non-democratic environment paved the way again for

military takeover. For this time, the then Chief of Army Staff, Pervez Musharraf took

over the charge of the country and called Chief Executive. Interestingly, he was not

different from his predecessors. His search for legitimacy, holding of elections,

enlightened moderation, formation of party alliances, support of religious parties

(MMM), giving devolution plan, sacking Judges, Baluchistan operation, NRO and

Red Mosque incident were the developments which confirmed him a typical army

man who had no idea to handle the above mentioned problems. Musharraf harmed

democracy more than any other political leader of the country. It is evident that 2002

elections were completely pre-prepared and rigged by the ISI and various bureaucratic

offices. In an interview with one of the ISI officers it became apparent that2002

elections were controlled by one of the army General. They established field offices

with the help of various agents so that results would be in his favor. The all election of

751 Details of Nawaz’s business, money sources, taxes and assets are available in Owen Bennet Jones,

Pakistan: Eye of the Storm,(New Haven: Yale University Press,2003),pp,234-235 752 Economic Survey Pakistan 1998-1999

262

2002 was held on same lines. Owen Bennett Jones also believed on the interfering

role of ISI in planting the election results in the favor of one party and the other.

MMA’s victory over other rightist and leftist political parties transformed the political

edifice of the polity into a religion based state and subsequent years are witnessed that

Pakistan entangled with some militant and religious extremist groups which created

the hazards in the way of democratization in the country. It is also observed that

Musharraf did not grow into a national stature leader where he would be clearer about

his policies related to any issue. Lt.Gen Talat Masood commented while saying that

“Musharraf’s whole mind is oriented militarily” which lacked vision.753

It is true to say that Pakistan’s democracy is like a game in the hands of army,

intelligence agencies, bureaucratic institutions and judiciary but more politicians

either elected or not. Besides, democratic weaknesses and downslide in Pakistan are

due to the changing pattern of socio-politico and economic forces which are

determined by the role of political leaders in one way and the other.

Pakistan turned out some extraordinary political leaders including, Jinnah Z.A

Bhutto and Benazir Bhutto. Despite such political leadership, Pakistan has remained

politically very weak. Confidence identity, optimism is not found in the people of

Pakistan at that level which is required for a workable democracy. It is the subject of

political culture which is not incorporated among masses of the country. The set

principles which are found in the Western liberal democracies are prevailing over

Pakistan since its inception but despite having this reality, it could not produce better

and workable environment for true functioning of democracy. Main reasons behind

this the lack of orientation of people politically towards political system. It is

presenting very thoughtful relationship between democratization process with

structures and agencies.754

Democratization could be analyzed and seen under the paradigm of structural

attributes and placement. Structural development is must for democratization.

According to his point of view structures are more important than elites and leaders.

But it is not justifiable to say because structural attributes and their placement in any

society and system is always determinant by leaders. Leaders influences over the

753 James P. Farewell,2012,op.cit.,p.141 754 YunasSamad,The Pakistan-US conundrum, (London: Hursts Company, 2011),p.194

263

functions of the structures. One structure, economy got rise during Musharraf era and

developed. In the year of 2005, GDP was at highest rate and it reached to 8.45% up

since the last 25 years. And this increase was in three sections of the economy of

Pakistan, Agriculture, services and industrial sector.755

Unfortunately, its benefits

could not reach to the poor people of the country as poverty increased during

Musharraf era.

After the death of Quaid-i-Azam Mohammad Ali Jinnah, Pakistan could not

get an effective leadership who could plant the seeds of true democracy in Pakistan.

Political leaders either got chance or with their efforts were in a position to run the

affairs of the state but in autocratic style. Although, they got mandate of the people

either at larger extent or not and rule the state politics. After examining the role of

political leaders in democratizing the country after implying its various rudiments

since 1971 to 2008, following inferences are drawn from the thesis:

� Mostly political leaders have strong back ground and its nature is dynastic

based.

� Political Parties are orientating people of Pakistan in one way and the other

but lacked in internal democracy.

� Political culture is not viable for nurturing democracy in the country. It is not

leading to an effective polity which ultimately ensures the welfare of the

people.

� Democracy in Pakistan has been affected by the role played by political

leadership.

� Political leaders always confronted with legitimacy phenomena and tried to

seek their legitimacy in one way and the other.

� Main tenets of democracy were exploited by the political leaders for their

vested interests.

� Every political leader used at least one schema to prolong his or her rule but

not for the sustainability of the democratic set up rather to establish autocracy.

755 Ibid.,p.196

264

� Despite the fact, democracy remained intact in Pakistan either fragile or

sturdy.

� Level of people’s participation and mobilization remained very low which

could be analyzed in the perspective of voting turn out, literacy rate, economic

conditions etc.

� Non civic political culture became cause of the failure of democratization in

its true sense.Transition from authoritarian and autocratic rule to people

representative’s command was not taking place as it should be done.

� It was also observed that political leaders did not show any concern for their

functional boundaries which created most of the times chaos and legality of

their actions.

� Leadership is not politically characterized which is the one of the requirements

for democracy. Political socialization is very little that becomes cause of

mishandling of democracy.

� All political leaders were different in using and employing power from time to

time. Perhapes, it can be argued that one political leader may be little stronger

or weaker from the previous one.

� Politics of alliance, co-optation and conciliation remained a prominent feature

of Pakistan’s polity.

It is commonly believed in Pakistan that democratization could not be possible

due to its non compatibility with the behavioral pattern of the masses of the country.

The relationship between leadership role and pace of democratization is heavily

dependent on the nature and kind of political culture of the country. Every political

leader tried to perform in such a manner which could lead towards democratization

either deludes or real. Democracy, since its inception faced ups and downs. Every

political leader either from military or civilian side played with democracy and

reshaped it according to its own plan. They were coloring democracy with their own

favorite colors which covered the real face of democracy and people could not

recognize it.

265

As some data has collected from the members of National Assembly and also

it is observed that majority of the members of National Assembly are appeared

disorders, irconcibile, indecent, non cooperative and intolerable.756

Along with it, they

used to telling lie on little things. They don’t reveal the true information regarding

their money sources and expenditures.757

Among the qualities of a leader, being

truthful is one of the best qualities but unfortunately Pakistan is suffering with lierness

of their leaders regarding every affair of the country. Leaders are supposedly be a

right, truthful, judicious and courageous person. Such qualities are not found among

political leaders of the country rather corruption, lie and intolerance destroyed the

very image of leader. It can be truly said that they are rulers not leaders in true sense.

Most of the members are not in habit to attend assembly session on regular basis.758

Social Scientists of Pakistan identify that the selection of leaders is not on

merit rather it is partially on merit and some are of the view that they are recruited by

using of some other means (rigging in elections) or nominated as in the case of

reserved women seats.

9.1.Recommendations

a. To enhance the effectiveness of the role of political leaders, orientation and

training programs should be launched.

b. There is dire need to strengthen state and the governmental institutions so that

no one can damage its functional boundaries.

c. Leadership should be oriented and educated before taking oath in one of the

prominent institution about various themes of democratization(rule of law,

need of people’s participation, maintain people’s dignity, emphasis on

elections and merit policies etc).

d. Leadership should be made accountable for their political and legislative

conduc.

756 Observed during attending the session of Assembly 757 Derived from the interview and while filling the questionnaire 758 Observed during attending the budget session of the National Assembly.

266

e. Accountability mechanism for leadership efforts for democratization should be

arranged. It may be in various forms such as time spent in Assembly;

participation in law making, follow merit or not and role in policy formulation.

f. There should be an arrangement for people’s direct contact to their

representatives when Assembly session is going on.

g. Leaders should be at least, familiar with the meaning and translation of the

holy book Quran so that they can be more truthful than being dishonest. (In

Pakistan’s Constitution of 1973,the President and Prime Minister of the

country would be Muslims)

h. Masses of the country should be educated and politically oriented so that they

can check the performance of leaders.

i. There is dire need to focus on human resource development and its

sustainability for the country to overcome the problem of nondemocratic

attitudes.

j. Inculcation of people’s opinion and participation in taking of various steps of

general welfare by leaders which will lead towards a viable political culture.

k. Leadership role is determined and affected by numerous other factors. In the

regard of Pakistani leadership, leaders are supposed to see their geographical

constraints, their past that was colonial background, economic limitations and

some compulsions at external level. With keeping all these notions of

limitations and constraints leaders should be trained and recruited under

specific paradigm which would be set by the Constitution.

l. There is need to establish a separate chamber (cell) in every educational

institution of the country that would provide sufficient training and awareness

among youth about the ongoing political developments of the country.

m. There should be harmony between leaders’ agenda and people’s needs. For

this purpose such interactions should be made possible in the form of

conducting seminars and workshops.

267

n. Leaders should visit other countries that successfully have transited from

authoritarian pattern to more democratic set ups in the world.

o. Effective Local Bodies has remained a missing link in case of Pakistan. It is an

established fact that local bodies are nurseries for emergence of leadership at

gross-root level. So, there is a dire need to strengthen local bodies from where

genuine and people oriented leadership would emerge.

p. Quality Education should be arranged so that awareness among citizens on

national issues can be raised. It ultimately creates viable civic political culture.

Such education can be provided through free media, platforms for discussions,

TV Talk Shows and Newspaper reading.

q. Circulation of Elites is witnessed in Pakistan due to which free will of an

individual is not exercised. Therefore this practice should be curtailed.

r. Voters don’t know how to use their votes. For this liberation of voters should

be ensured and freed them from blackmailing.

s. Most of the voter’s attitudes and issues are influenced by the institutional

working. In Pakistan, institutions face breakdowns many a time which cause

dysfuntionality of the system and political culture. There is a dire need to

make institutions (Like police, Magistrates) more workable without any

influence and manipulation.

t. In Pakistan, it is observed that political loyalties are not found in most of the

members of various political parties, Horse-trading, therefore should not be

allowed.

u. Genuine party elections would bring out national democratic leadership from

grass root level. Appointed office bearers within the parties are remain slaves

of party leadership and can be easily removed as per wishes of the dynastic

leadership. Whereas, in elected parties accountability of leadership is

streamlined and party heads are to be subservient and accountable to the party

workers. Tony Blair of Labor Party and Margret Thatcher of Conservative

Party could not be defeated by other parties but were thrown out by their own

268

parties. Democratic parties are the biggest source of accountability of

leadership. Democratization of parties will change Pakistan.

v. Article 62 of the Constitution of Pakistan, 1973 reveals that a leader should be

righteous and honest. To ensure all these qualities in political leaders of

Pakistan, Article 62 with Article 63 should be implemented in its true spirit.

Independent Election Commission of Pakistan can take care of this matter.

269

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APPENDICIES

294

APPENDIX I

LIST OF CHIEF EXECUTIVES, 1947-PRESENT

Name Title Dates

Liaquat Ali Khan Prime Minister Aug. 1947-Oct. 1951

Khwaja Nazimudding Prime Minister Oct. 1951-Apr. 1953

Mohammed Ali Bogra Prime Minister Apr. 1953-Aug. 1955

Chaudhri Mohammed Ali Prime Minister Aug. 1955-Sept. 1956

H. S. Suhrawardy Prime Minister Sept. 1956-Oct. 1957

I. I. Chundrigar Prime Minister Oct. 1957-Dec. 1957

Firoz Khan Noon Prime Minister Dec. 1957-Oct. 1958

Zulfikar Ali Bhutto Prime Minister Aug. 1973-July 1977

Mohammed Khan Junejo Prime Minister Mar.1985-May. 1988

Benazir Bhutto Prime Minister Aug. 1988-Aug. 1990

Ghulam Mustafa Jatoi Caretaker PM Aug. 1990-Oct. 1990

Nawaz Sharif Prime Minister Oct. 1990-Apr. 1993

Balkh Sher Mazari Caretaker PM Apr. 1993-May 1993

Nawaz Sharif Prime Minister May 1993-July 1993

Moeen Quereshi Caretaker PM July 1993-Oct. 1993

Benazir Bhutto Prime Minister Oct. 1993-Nov. 1996

Meraj Khalid Caretaker PM Nov. 1996-Feb. 1997

Nawaz Sharif Prime Minister Feb. 1997-Oct. 1999

Yousaf Raza Gailani Prime Minister Mar,2008-26 Apr.2012

295

APPENDIX II

BOGRA’S FORMULA

These are some basic features of this formula,

It distributed equal powers between upper and lower houses.

It proposed to call a joint session of both houses to elect the president or move

a no-confidence movement against the government.

In case of a conflict between both houses, the problem was to be resolved in a

joint session of both houses. In such case, a simple majority could resolve the

problem. However, this simple majority consisted of 30% vote from each wing.

This formula retained the parity rule but the total number of seats was reduced

to 50 in upper house and 300 in the lower house.

The Upper House

East Pakistan 10

Punjab 10

Sindh & Kahirpur 10

Bahawalpur 4

Baluchistan & States 3

NWFP & Tribal Areas 10

Federal Capital 3

Total 50

The Lower House

East Pakistan 165

Punjab 75

Sindh 19

Bahawalpur 7

Baluchistan 3

Baluch States 2

N.W.F.P. 13

Tribal Areas 11

296

Khairpur 1

Federal Capital 4

Total 300

297

APPENDIX III

THE POLITICAL PARTIES ACT, 1962

1 ACT NO. III OF 1962

(15th July, 1962)

An Act to provide for the formation and regulation of political Parties

Whereas Article 173 of the Constitution provides that no person shall hold himself out at an election as a member of political party unless permitted by Act of the Central Legislature.

And Whereas it is expedient to provide for the formation of political parties to permit persons to hold themselves out at elections as members of political parties:

And Whereas the national interest of Pakistan in relation to the achievement of uniformity within the meaning of clause (2) of Article 131 of the Constitution requites Central legislation in the matter:

It is hereby ejected as follows:-

1. Short title and commencement (1) This Act may be called the political Parties Act, 1962.

2. It shall come into force at one.

3. Definitions – In this Act, unless there is anything repugnant in the subject or context,-

(a) “Constitution” means the Constitution of the Islamic Republic of Pakistan.

(b) … … … …. )

(c) “Political Party” includes a group or combination of persons who are operating for the purpose of propagating any political opinion or indulging in any other political activity.

Formation of certain political parties prohibited – No political party shall be formed with the object of propagating any opinion or acting in any manner prejudicial to the Islamic ideology, or the sovereignty, integrity or security of Pakistan or morality, or

the maintenance of public order.

No parson shall form, organize, set up or convene a fore4ign-aided party or is any way be associated with any such party.

Explanation—In subsection foreign aided party means a political party which:--

a has been formed or organized at the instance of any Government or political party of a foreign country: or

298

b is affiliated to or associated with any Government or political party of a foreign county: or

c receives any aid, financial or otherwise, from any Government or political party of a foreign country or any portion of its founds from foreign nations.

(3.A Political Parties to Submit Accounts, etc. – every political party shall in such manner and form and at such times as may be provided by rules made by the Federal Government, account for the source of its funds to, and submit its finance and accounts to audit by, an officer or authority authorities by the Election Commission in this behalf.

Provided that every political party is existegce the commencement of the Political Parites (Amendment) Ordinance, 1979, shall account for the sources of its funds, and submit its finances and accounts to audit within 15 days of the publication

of the rules made under this section.

[ … … …]

[3. B Registration of political party. .. 1 (Every political party in existence at the commencement of the Political parties (Amendment) Ordinance, 1979 shall, within one month of such commcement and every political party formed after such commenencement shall, within one month of its being formed, apply to the Election Commission for registration.

(2) An application under sub-section (1) shall be made on behalf of a political party by such person and in such form, and shall be accompanied by such documents besides a copy of its constitution, a list of the names of its office bearers at the national level and a statement of its total membership in each Province as the Election Commission may by notification in the official gazette, specify.

(3) The Election Commission shall register a political party applying for registration in accordance with sub-section (2) if the Commission is satisfied that the political party …

(a) has published of formal manifesto, that is to say the party’s foundation document or constitution giving its aims and objectives and provided therein for elections of its office bearers being held (periodically).

(b) bas undertaken to publish any amendment to any document referred to in clauses (a) as and when such amendment is made; and

(c) believes in the Ideology of Pakistan and the integrity and sovereignty of Pakistan.

(d) has submitted its accounts as required by section 3. A]

(4) If a political party which has been registered under sub-section

(a) fails [or has failed] to submit its accounts within the period specified in Section 3.A or the rules made there under;

(b) fails to hold election of any of its office bearer within the time allowed by and in accordance with its constitution and rules;

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(c) propagates any opinion of acts in any manner, prejudicial to the ideology of Pakistan or the sovereignty, integrity and security of Pakistan or morality or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan.

(d) receives any aid, financial or otherwise, from the Government or any political

party of a foreign county, or any portion of its funds from foreign nationals; or

(e) does or omits to do any such act or thing as would have resulted in registration being refused to it in the first instance.

Than without prejudice to any action that may be taken in respect of the political party under Section 6, the Election Commission may after giving the political party an opportunity of showing cause against the action proposed, be taken to cancel its

registration.

(5) The cancellation of the registration of a political party under sub-section (4) shall be notified by the Election Commission in the official gazette.

(6) A political party which has not been registered under sub-section (3) or the registration of which has been cancelled under sub-section (4) shall not be eligible to participate in an election to a seat in a House of Parliament or a Provincial Assembly or to nominate or put up a candidate at any such election.

(3-C. Certain political parties to be eligible to participate in forthcoming election (1) The provisions of this section shall have effect notwithstanding any thing contained in Section 3-B.

(2) The Election Commission shall, by notification in the official gazette, call upon the political party which had implied with the provisions of Section 3-A but had not applied for registration under Section 3-B to furnish to the Commission, within such time as may be specified in the notification, answers to a questionnaire published therewith.

(3) Answers to questionnaire referred to in sub-section (2) shall be furnished on behalf of a political party by such person, and shall be accompanied by such documents, beside a copy of its constitution and manifesto, a list of the names of its office bearers at the national level and a statement of its total membership in each province, as may be specified in the notification published under the said sub-section.

(4) If, after giving a political party, which has furnished answers to the questionnaire as required by sub-section (2) an opportunity of being heard, the Election Commission is satisfied that the party has fulfilled the requirements of sub-section (3) of Section 3-B, the Election Commission shall declare the political party, by notification in the official gazette, to be eligible to participate in an election to a seat in a House of Parliament or a Provincial Assembly and to nominate or put up a candidate at any such election].

4. Lawful political activities Subject to the provisions of section 3, it shall be lawful…

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(1) for any body of individuals or association of persons to form, organize or act up a political party ; or

(2) for any person, not being in the service of Pakistan

(a) to be a member or office bearer of or be otherwise associated with, a political party ; or

(b) for the purpose of an election to be held under the Constitution, to hold himself out or say other person, not being a person in the service of Pakistan, as a member or to have the support of a political party the information, organization or

setting up of which is not prohibited by this Act].

[5 x x x x ]

[6 Dissolution of political parties (1) Where the Federal Government is satisfied that a political party [is a foreign – aided party or] has been formed or is operating in a manner prejudicial to the [Islamic ideology or the ] soveaignty of integrity or Pakistan [or morality or maintenance of public order] [ or has contravened the provisions of section 3-A] it shall make such a declaration and publish the same in the official Gazette and upon such publication, the political party concerned shall, subject to the provisions of sub-section (2) stand dissolved and all its properties and funds shall be forfeited to the Federal Government.

(2) Within fifteen days of making a declaration under sub-section (1) , the Federal Government shall refer the matter to the Supreme Court whose decision on such reference shall be final].

[Omitted].

[ Penalty. (1) x x x]

(2) Any person when, after the dissolution of a political party under section 6, holds himself out as a member or office bearer of that party or acts for, or otherwise associates himself with, that party, shall be punishable with imprisonment for a term

which may extend to [three] years, or with fine, or with both.

(2.A) If any person who was an office bearer of a political party at the time of its dissolution under section (2) of Section 6 indulges or takes part in any political activity within seven years of its dissolution, he shall be punishable with imprisonment for a term which may extend to three years or with fine, or with both],

[3] x x x

[8 Certain disqualifications for being a member of Parliament or a Provincial Assembly ... (1) A person when has. ..

(a) at any time on or after the twentieth day of December, 1971, been an office. Bearer of a political party dissolved under subsection (2) such party is made under sub section (1) of that section, resigned from, or publicly announced his disassociation with , such party; or

(b) been convicted under section 7;]

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Shall be disqualified from being a Member of Parliament or a Provincial Assembly [or a local body] and from being elected or chosen as such a member for a period of [twelve years] from the date of such dissolution or conviction, as the cage may be;

[Omitted]

Explanation.. In this section ‘office--- bearer of a political party’ means an office bearer at the National or Provincial act up of the party otherwise than as a mere member of the Working. Center Provincial other Committee of the party]

(2) A person who has any time on or after the fifth day of July, 1977 been a member of a political party dissolved under sub-section (2) of Section 6 and convicted for an offence committed before such dissolution and punishable with imprisonment fat a term which is not less them two years shall be disqualified from being a member of Parliament or a Provincial Assembly or a local body and from being elected or chosen as such a member for a period of seven years from date of such dissolution]

(3) A person who has, at any time after the first day of December, 1971, been an office, bearer or member of the executive committee at the national or provincial set up, by whenever name called of a political party which was neither registered with the Election Commission nor declared by the Commission, by the eleventh day of October, 1979, to be eligible to participate in elections, shall not be qualified for a period of seven year to be elected or chosen as a member of parliament or provincial assembly:

Provided that the disqualification in this sub-section shall not apply to a person who has at any time since the fifth day of July 1977, been a member of the Federal Councial (Majlis-e-Shoora) or a provincial council or a Federal Minister, a Minister

of State, an Adviser or a provincial Minister.

(4) A person who has at any time after the first day of December, 1971, and before the fifty day of July 1977, been a Federal Minister, a Minister of State, an Advister or a Provincial Minister shall not be qualified for a period of seven years to be elected or chosen as a member of Parliament or provincial assembly.

(5) The President may, at any time either of his own motion or on the application of any person who is disqualified under sub-section (3) or sub-section (4) by order in writing, remove the disqualification]

[8-B Disqualification on ground of defection, etc.—(1) If a member

of a House.

(a) having been elected as such as a candidate or nominee of a political party, or

(b) having been elected as such otherwise than a candidate or nominee of a political party and having become a member of a political party after such election.

Defects or withdraws himself from the political party he shall, from the date of such defection or withdrawal, be disqualified from being a member of the House for the unexpired period of his term as such member unless he has been re-elected at a bye-election half after his disqualification.

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(2) If any question arises whether a member of a House has become disqualified under sub-section (1) from being a member, the question shall, on a reference by the Leader of the Parliamentary party concerned, be determined by the Election

Commission.

(3) An appeal against a decision of the Election Commission under sub-section (2) shall lie to the Supreme Court, within thirty days of the decision.

Explanation. ---- In this section, “House” means a House of the Majlis-e-Shoora (Parliament) and includes a Provincial Assembly.)

9. Sanction for prosecution, --- No prosecution under the Act shall be instituted against any person without the previous sanction in writing of the [Federal Government]

10. Repeal. The Political Organizations (Prohibition of Unregulated Activity) Ordinance, 1962, is hereby repealed.

[11. Exercise of powers, etc. of Election Commission During the period when an Election Commission does not stand constitution, the Election Commission constituted under Article 218 of the Constitution or under the Election Commission Order, 1977 [P. (P.P) O. no. 4 of 19771]. For the purpose of a general election to the National Assembly and to a Provincial Assembly shall continue to exercise the powers and perform the functions conferred upon Election Commission under this Act until the constitution of an Election Commission for purpose of the succeeding general election to the National Assembly and to a Provincial Assembly.

12. Power to make rules … The Federal Government may, by notification in the official Gazette, make for carrying out the purposes of this Act.]

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APPENDIX IV

APPENDIX BBASIC DEMOCRACIES STRUCTURE

DIVISIONAL COUNCIL (16)

Chairman: Commissioner

Members: half or more elected, remainder officials

DISTRICT COUNCIL (78)

Chairman: Deputy Commissioner

Members: half or more elected, remainder officials

I N R U R A L A R E

A S

I N U R B A N A R E A S

TEHSIL OR THANA

COUNCIL (630)

Chairman: Subdivision Officer, Tehsildar or Circle

Officer

Members: half or more chairman of union councils,

remainder officials

CANTONMENT

BOARD (29)

Chairman: Official

Members: half chairman of union committees, half officials

MUNICIPAL

COMMITTEE (108)

Chairman: Official

Members: half chairmen of union committees, half officials

UNION COUNCIL (7, 614)

OR TOWN COMMITTEE (220)

Chairman: elected

Members: 10 to 15 elected

UNION COMMITTEE (888)

Chairman: elected

Members: elected

W A R D S

NOTE: The municipal corporations of Karachi and Lahore are also represented at the divisional level and are administratively subordinate to the West Pakistan Department of Basic democracies and Local Government. These two

corporations have component union committees.

SOURCE: Guthrie S. Birkhead, ed., Administrative Problems in Pakistan (Syracuse: Syracuse University Press, 1966), P. 32

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APPENDIX V

Article: 47 REMOVAL OR IMPEACHMENT OF PRESIDENT

1[47, Removal 2[or impeachment] or President.

(1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the

Constitution or gross misconduct.

(2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case my be the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.

(3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker.

(4) The Speaker shall, within three days of the receipt of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President.

(5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier

than seven days and not later than fourteen days after the receipt of the notice by him.

(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.

(7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting.

(8) If, after consideration of the result of the investigation, if any a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of [Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

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APPENDIX VI

VOTING TURNOUT IN ELECTIONS OF PAKISTAN

Years Voting Percentage

1970 Elections 63%

1977 Elections 55.02%

1985 Elections 52.93%

1988 Elections 47.07%

1990 Elections 45.46%

1993 Elections 40.28%

1996 Elections 35% 17%

2002 Elections 41% 80%

2008 Elections 44.55%

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APPENDIX VII

THE TEXT OF THE SIX-POINT FORMULA AS ORIGINALLY PUBLISHED,

AND SUBSEQUENTLY AMENDED, IN THE AWAMI LEAGUE’S

MANIFESTO

Point No. 1

Original. The Constitution should provide for a Federation of Pakistan in its true sense on the basis of the Lahore Resolution, and Parliamentary form of Government with supremacy of Legislature directly elected on the basis of universal adult franchise.

Amended. The character of the government shall be federal and parliamentary, in which the election to the federal legislature and to the legislatures of the federating units shall be direct and on the basis of universal adult franchise. The representation

in the federal legislature shall be on the basis of population.

Point No. 2

Original. Federal government shall deal with only two subjects, viz. Defence and Foreign Affairs, and all other residuary subjects shall vest in the federating states.

Amended. The federal government shall be responsible only for defence and foreign affaire and, subject to the conditions provided in (3) below, currency.

Point No.3

Original. A. Two separate but freely convertible currencies for two wings may

be introduced, or

B. One currency for the whole country may be maintained. In this case effective constitutional provisions are to be made to stop flight of capital from East to West Pakistan. Separate Banking Reserve is to be made and separate fiscal and monetary policy to be adopted for East Pakistan.

Amended. There shall be two separate currencies mutually or freely convertible in each wing for each region, or in the alternative a single currency, subject to the establishment of a federal reserves system in which there will be regional federal reserve bands which shall devise measures to prevent the transfer of

resources and flight of capital from one region to another.

Point No. 4

Original. The power of taxation and revenue collection shall vest in the federating units and that the Federal Center will have no such power. The Federation will have a share in the state taxes for meeting their required expenditure. The Consolidated Federal Fund shall come out of a levy of certain percentage of all state

taxes.

Amended. Fiscal policy shall be the responsibility of the federating units. The federal government shall be provided with requisite revenue resources for meeting the requirements of defence and foreign affaires, which revenue resources would be automatically appropriable by the federal government in the manner provided and on

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the basis of the ratio to be determined by the procedure laid down in the Constitution. Such constitutional provisions would ensure that the federal government’s revenue requirements are met consistently with the objective of ensuring control over the

fiscal policy by the governments of the federating units.

Point No. 5

Original. (1) There shall be two separate accounts for foreign exchange earnings of the two wings,

(2) earnings of East Pakistan shall be under the control of East Pakistan Government and that of West Pakistan under the control of West Pakistan Government,

(3) foreign exchange requirement of the Federal Government shall be met by

the two wings either equally or in a ratio to be fixed,

(4) indigenous products shall move free of duty between two wings,

(5) the Constitution shall empower the unit Governments to establish trade and commercial relations with, set upon trade missions in and enter into agreements with, foreign countries.

Amended. Constitutional provisions shall be made to enable separate accounts to be maintained of the foreign exchange earnings of each of the federating units, under the control of the respective governments of the federating units. The foreign exchange requirements of the federal government shall be met by the governments of the federating units on the basis of a ratio to be determined in accordance with the procedure laid down in the Constitution. The Regional Governments shall have power under the Constitution to negotiate foreign trade and aid within the framework of the foreign policy of the country, which shall be the responsibility of the federal government.

Point No. 6

Original. The setting up of a militia or a para-military force for East Pakistan.

Amended. The governments of the federating units shall be empowered to maintain a militia or para-military force in order to contribute effectively towards

national security.

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APPENDIX VIII

THE CONSTITUTIONAL FOUNDATION OF PAKISTAN OF

PAKISTAN

THE LEGAL FRAMEWORK ORDER, 1970

President’s Order No. 2 of 1970

Whereas in his first address to the nation on the 26th March, 1969, the President and Chief Martial Law Administrator pledged himself to strive to restore democratic institutions in the country:

And Whereas in his address to the nation on the 28th November, 1969, he reaffirmed that pledge and announced that polling for a general election to a National Assembly of Pakistan will commence on the 5th October, 1970:

And whereas in has since decided that polling for elections to the Provincial

Assemblies shall commence not later than the 22nd

October, 1970:

And whereas provision has already been made by the Electoral Rolls Order, representatives of the people on the basis of adult franchise ;

And whereas it is necessary to provide for the constitution of National Assembly of Pakistan for the purpose of making provision as the Constitution of Pakistan in accordance with this Order and a Provincial Assembly for each Province;

Now, therefore in pursuance of the Proclamation of the 25th of March, 1969,

and in exercise of all powers enabling him in that behalf, the President and Chief Martial Law Administrator is pleased to make the following Order:

Short Title and Commencement

1. – (1) This Order may be called the Legal Framework Order, 1970.

2. It shall come into force on such date as the President may, by notification in the official Gazette, appoint in this behalf.

Order to Override Other Laws

This Order shall have effect notwithstanding anything to the contrary contained in the Provincial Constitution Order, the Constitution of 1962 of the Islamic Republic of Pakistan or any other law for the time being in force.

Definitions

3. (1) In this Order, unless there is anything repugnant in the subject or context,

(i) “Assembly” means the National Assembly of Pakistan or a

Provincial Assembly for a Province provided for in this Order;

(ii) “Commission” means the Election Commission constituted under Article 8;

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(iii) “Commissioner” means the Chief Election Commissioner appointed or deemed to be appointed under the Electoral Rolls Order, 1969 (P.O. No. 6 of 1969)

(iv) “Electoral Roll” means the electoral roll prepared under the Electoral Rolls Order, 1969 (P.O. No. 6 of 1969)

(v) “Member” means member of an Assembly;

(vi) “Speaker” means the Speaker of the National Assembly ; and

(vii) “Centrally Administered Tribal Areas” has the same meaning as in the Province of West Pakistan (Dissolutions) Order, 1970.

(2) In relation to the territories included at the commencement of this Order in the

Province of West Pakistan, references to a Province and a Provincial Assembly Province of West Pakistan (Dissolution) Order, 1970, and the Provincial Assembly for such Province.

Composition of the National Assembly

4. (1) There shall be a National Assembly of Pakistan consisting of three hundred and thirteen members of whom three hundred shall be elected to fill general seats and

thirteen to fill seats reserved for women.

(2) In conformity with the population figures appearing in the Census of 1961, the number of seats in the National Assembly shall be distributed amongst the Provinces and the Centrally Administered Tribal Areas, as set out in Schedule.

(3) Clause (1) shall not be construed as preventing a women from

being elected to a general seat.

Composition of the Provincial Assemblies

5. (1) There shall be a Provincial Assembly for each Province consisting of the number of members elected to fill general seats and to fill seats reserved for women, as set out in Schedule II in relation to such Province.

(2) Clause (1) shall not be construed as preventing a women from being elected to a general seat.

Principle of Election

6. (1) Except as provided in clause (2) the members shall be elected to the general seats from territorial constituencies by direct election on the basis of adult franchise in accordance with law.

(2) The President may, by regulation, make separate provision for election of members from the Centrally Administered Tribal Areas.

(3) As soon as practicable after the general election of members of the National Assembly, the members from a Province for the seats reserved for

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women in that Assembly shall be elected by persons elected to the general seats from that Province in accordance with law.

(4) The members for the seats reserved for women in a Provincial Assembly shall be elected by persons elected to the general seats in that Assembly in accordance with law.

Casual Vacancy

7. Where a seat in the National Assembly has become vacant, an election to fill the vacancy shall be held within three weeks from the occurrence of the vacancy.

Election Commission for Conduct of Election

8. For the purposes of election of the members of an Assembly and matters connected therewith the President shall constitute an Election Commission consisting

of the following members, namely:

(a) the Commissioner, who shall be the Chairman of the Commission; and

(b) two other members, each being a person who is a permanent Judge of a High Court.

Qualifications and Disqualifications for being a Member

9. --- (1) A person shall subject to the provisions of Clause (2) , be qualified to be elected as, and to be, a member if

(a) he is a citizen of Pakistan;

(b) he has attained the age of twenty-five years; and

(c) his name appears on the electoral roll for any constituency in Province or Centrally Administered Tribal Areas from which he seeks election.

(2) A person shall be disqualified from being elected as, and from

being, a member if

(a) he is of unsound mind and stands to declared by a competent court; or

(b) he is an undercharged insolvent, unless a period of a ten years has elapsed since his being adjudged as insolvent; or

(c) he has been, on conviction for any offence, sentenced to transportation for any term or to imprisonment for a term of not less than two years, unless a period of five years, or such less period as the President may allow in any particular case, has elapsed since his release ; or

(d) he has been a member of the President’s Council of Ministers at any time following the 1st August, 1969, unless a period of two years, or such less period as the President may allow in any particular case, has elapsed since he ceased to be a

Minister ; or

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(e) he holds any office in the service of Pakistan other than an office which is not a whole-time office remunerated either by salary or by fee ; or

(f) he has been dismissed for misconduct from the service of Pakistan, unless a period of fie years, or such less period as the President may allow in any particular case, has elapsed since his dismissal ; or

(g) such person is the spouse of a person in the service of Pakistan ; or

(h) he, whether by himself or by any person or body of persons in truest for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share of interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or the performance of any services undertaken by Government:

Provided that the disqualification under sub-clause (h) shall not apply to a person

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him or such longer period as the President may, in any particular case, allow ; or

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1913 (VIII of 1913), of which he is a share-holder but is neither a director holding an office of profit under the company nor a managing agent; or

(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest.

(3) For the avoidance of doubt, it hereby declared that a Judge of a Supreme Court or a High Court, and Comptroller and Auditor-General of Pakistan, the Attorney-General of Pakistan and an Advocate-General of a Province are persons holding office in the service of Pakistan

(4) If any question arises whether a member has, after his election, become subject to any disqualification the Commissioner shall place the question before the Election Commission and, if the opinion of the Commission be that the member has become so subject, his seat shall become vacant.

Bar Against Candidature in Certain Cases

10. --- (1) No person shall at the same time be a member of more than one Assembly or a member of the same Assembly for more than one constituency.

(2) Nothing in clause (1) shall prevent a person from being at the same time a candidate for election from two or more constituencies, but if a person has been elected as a member for two or more constituencies and does not, within fifteen days of the notification of his election by the constituency by which he has been elected last, make a declaration in writing under his hand addressed to the Commissioner specifying the constituency which he wishes to represent, all his seats

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shall become vacant, but so long as he is a member for two or more constituencies he shall not sit or vote in an Assembly.

Resignation etc.

11.---- (1) A member may resign his seat by notice in writing under his hand addressed to the Speaker.

(2) If a member is absent from the Assembly without leave of the Speaker for fifteen consecutive sitting days, his seat shall become vacant.

(3) If a member fails to take and subscribe an oath in accordance with Article 12 within a period of seven days from the date of the first meeting of the Assembly after his election, his seat shall become vacant:

Provided that the Speaker or, if the Speaker has not been elected, the Commissioner, may, before the expiration of the said period, for good cause shown, extend the period.

Oath of Members of Assembly

12. ----A person elected as a member of an Assembly shall, before entering upon the office, take and subscribe, before a person presiding at a meeting of the Assembly, an oath or affirmation in the following form, namely: ----

“I…………………… do solemnly swear (or affirm) that I will bear true faith and allegiance to Pakistan and that I will discharge the duties upon which I am about to enter honestly, to the best of my ability, faithfully in accordance with the provisions of the Legal Framework Order, 1970, the law and rules of the Assembly set out in that Order, and always in the interest of the solidarity, integrity, well-being and prosperity of Pakistan”.

Date of Polling

13. Polling for election to the National Assembly shall commence on the 5th October, 1970, and polling for election to the Provincial Assemblies shall commence on a date not later than the 22

nd October, 1970.

Summoning of National Assembly etc.

14.---(1) After the close of the general election of members of the National Assembly, the President shall, for the purpose of framing a Constitution for Pakistan, summon the National Assembly to meet on such day and at such time and place as he may think fit; and the National Assembly so summoned shall stand constituted on the day of its first meeting:

Provided that nothing in this clause shall be construed as preventing the President from summoning the National Assembly on the ground that all the seats of the members have not been filled.

(2) After meeting as convened under clause (1), the National

Assembly shall meet at such times and places as the Speaker may decide.

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(3) The National Assembly shall, subject to reasonable adjournments, meet from day to day transact its business.

Right of Address etc. of President

15.--- The President may address the National Assembly and send a message or messages to the Assembly.

Speaker and Deputy Speaker

16. -- (1) The National Assembly shall, as soon as may be, elect two of its members to be respectively the Speaker and Deputy Speaker thereof and shall, so often as the office of Speaker or Deputy Speaker becomes vacant, elect another member to be the Speaker, or, as the case may be, deputy Speaker.

(2) Until the Speaker and Deputy Speaker are elected, the Commissioner shall preside at the meetings of the National Assembly and perform the functions of Speaker.

(3) Where the Office of the Speaker is vacant, the Deputy Speaker, or, if the Office of the Deputy Speaker is also vacant, the Commissioner, shall perform the functions of Speaker.

(4) During the absence of the Speaker from any meeting of the National Assembly, the Deputy Speaker or, if the Deputy Speaker is also absent, such member as may be determined by the rules of procedure of the Assembly shall perform the functions of Speaker.

(5) A member holding office as Speaker or Deputy Speaker shall cease to hold that office----

(a) if he ceases to be a member of the National Assembly;

(b) if he resigns his office by writing under his hand addressed to

the President; or

(c) if a resolution expressing want of confidence in him is moved in the Assembly after not less than fourteen days’ notice of the intention to move it and passed by the votes of not less than two-thirds of the total number of members of the National Assembly.

Quorum and Rules of Procedure

17. (1) If, at any time during a meeting of the National Assembly, the attention of the

person presiding at the meeting is drawn to the fact that the number of persons present is less than one hundred, the person presiding shall either suspend the meeting until the number of members present is not less than one hundred or adjourn the meeting.

(2) The procedure of the National Assembly shall be regulated by the rules of procedure set out in Schedule III; in particular the National Assembly shall decide how a decision relating to the Constitution Bill is to be taken.

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(3) The National Assembly may act notwithstanding any vacancy in the seat of a member and no proceedings in the Assembly shall be invalid by reason that some members whose election is subsequently held to have been void, or who, after election, had incurred a disqualification for membership voted or otherwise took part in the proceedings.

Privileges etc. of the National Assembly

18. -- (1) The validity of any proceedings in the National Assembly shall not be called in question in any court.

(2) A member or person entitled to speak in the National Assembly shall not be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or in any committee thereof.

(3) The exercise by an officer of the National Assembly of the powers vested in him for the regulation of procedure, the conduct of business or the maintenance of order, in or in relation to any proceeding in the Assembly shall not be subject to the jurisdiction of any court.

(4) A person shall not be liable to any proceedings in any court in respect of the publication by, or under the authority of, the National Assembly of any report, paper, vote or proceedings.

(5) No process issued by a court or other authority shall, except with the leave of the Speaker, be served or executed within the precincts of the place where a meeting of the National Assembly or of Committee thereof is being held.

Allowances and Privileges of Members

19. --- The Speaker, the Deputy Speaker and the other members shall be entitled to

such allowances and privileges as the President may, by order, prescribe.

Fundamental Principles of the Constitution

20. --- The Constitution shall be so framed as to embody the following fundamental principles:---

(1) Pakistan shall be Federal Republic to be known as the Islamic Republic of Pakistan in which the Provinces and other territories which are now and may hereinafter be included in Pakistan shall be so united in a Federation that the independence, the territorial integrity and the national solidarity of Pakistan are ensured and that the unity of the Federation is not in any manner impaired.

(2) (a) Islamic ideology which is the basis for the creation of Pakistan shall be preserved; and

(b) the Head of the State shall be a Muslim.

(3) (a) Adherence to fundamental principle of democracy shall be ensured by providing direct and free periodical elections to the Federal and the

Provincial legislatures on the basis of population and adult franchise ;

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(b) the Fundamental Rights of the citizens shall be laid down and guaranteed ;

© the independence of the judiciary in the matter of dispensation of justice and enforcement of the fundamental rights shall be secured.

(4) All powers including legislative, administrative and financial, shall be so distributed between the Federal Government and Provinces that the Provinces shall have maximum autonomy, that is to say maximum legislative, administrative and financial powers but the Federal Government shall also have adequate powers including legislative, administrative, and financial powers, to discharge its responsibilities in relation to external and internal affaires and to preserve the independence and territorial integrity of the country.

(5) It shall be ensured that-----

(a) the people of all areas in Pakistan shall be enabled to participate fully in all forms of national activities; and

(b) within a specified period, economic and all other disparities between the Provinces and between different areas in a Province are removed by the adoption of statutory and other measures.

Preamble of the Constitution

21. --- The Constitution shall contain, in its preamble, an affirmation that----

(1) the Muslims of Pakistan shall be enabled, individually and collectively, to order their lives in accordance with the teachings of Islam as set out in the Holy Quran and Sunnah ; and

(2) the minorities shall be enabled to profess and practice their religions freely and to enjoy all rights, privileges and protection due to them as citizens of Pakistan.

Directive Principles

22. --- The Constitution shall set out directive principles of State Policy by which the State shall be guided in the matter of :

(1) prompting Islamic way of life;

(2) observance of Islamic moral standards;

(3) providing facilities for the teaching of Holy Quran and Islamiat to the Muslims of Pakistan ; and

(4) enjoining that no law repugnant to the teachings and requirements of Islam, as set out in the Holy Quran and Sunnah, is made.

National and Provincial Assemblies to the First Legislatures

23.--- The Constitution shall provide that ----

(1) the National Assembly, constituted under this Order, shall ----

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(a) be the first legislature of the Federation for the full term if the legislature of the Federation consists of one House, and

(b) be the first lower House of the legislature of the Federation of two Houses.

(2) The Provincial Assemblies elected in accordance with this Order shall be the

first legislatures of the respective Provinces for the full term.

Time for Framing the Constitution

24.--- The National Assembly shall frame the Constitution in the form of a Bill to be

called the Constitution Bill within a period of one hundred and twenty days from the

date of its first meeting and on its failure to do so shall stand dissolved.

Authentication of the Constitution

25. ---- The Constitution Bill, as passed by the National Assembly, shall be presented to the President for authentication. The National Assembly shall stand dissolved in the event that authentication is refused.

Purpose for which Assembly May Meet

26. --- (1) Save as provided in this Order for the purpose of framing a Constitution for Pakistan, the National Assembly shall not meet in that capacity, until the Constitution Bill passed by the Assembly and authenticated by the President, has

come into force.

(2) A Provincial Assembly shall not be summoned to meet until after the Constitution Bill passed by the National Assembly has been authenticated by the President, and has come into force.

Interpretation and Amendment of Order etc.

27. --- (1) Any question or doubt as to the interpretation of any provision of this Order shall be resolved by a decision of the President, and such decision shall be final and not liable to be questioned in any court.

(2) The President and not the National Assembly shall have the power to make any amendment in this Order.

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SCHEDULE I

[Art. 4 (2)]

NATIONAL ASSEMBLY OF PAKISTAN

General Women

East Pakistan 162 7

The Punjab 82 3

Sind 27 1

Baluchistan 4 1

The North-West Frontier Province 18 --

Centrally Administered Tribal Areas 7 1

Total 300 13

SCHEDULE II

[Art. 5 (1)]

PROVINCIAL ASSEMBLIES

General Women

East Pakistan 300 10

The Punjab 180 6

Sind 60 2

Baluchistan 20 1

The North-West Frontier Province 40 2

SCHEDULE III

[Art. 17 (2)]

RULES OF PROCEDURE

Short Title

1. These rules may be called the National Assembly Rules of Procedure, 1970.

Definitions

2. In these rules, unless there is anything repugnant in the subject or context:..

(a) “Assembly” means the National Assembly of Pakistan;

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(b) “Bill” means a Bill seeking to frame a Constitution for Pakistan ;

(c) “Commissioner” means the Chief Election Commissioner appointed or deemed to be appointed under the Electoral Rolls Order, 1969, (P.O. No. 6 of 1969) ;

(d) “Committee” means a Committee, including a Select Committee, appointed by the Assembly ;

(e) “Member in charge” in relation to a Bill, means the member by whom the Bill has been introduced, and includes any other member permitted by the Speaker to do in relation to the Bill anything which the member in charge can do ;

(f) “Secretary” means the Secretary of the Assembly ;

(g) “Speaker” means the Speaker of the Assembly.

Function of the Assembly

3. (1) The function of the Assembly shall be to frame a Constitution for Pakistan.

(2) The Constitution shall be drawn up and passed by the Assembly in the form of

a Bill.

Election of Speaker and Deputy Speaker

4. (1) At eh first meeting of the Assembly, the Commissioner shall, after the members have taken the oath, call upon the members to elect a Speaker and a Deputy Speaker.

(2) Any member may propose another member with his consent for election as Speaker or as Deputy Speaker by communication to the Secretary in writing the name of member he proposes.

(3) No member shall propose more than one member for election as Speaker or as Deputy Speaker.

(4) The Secretary shall read out separately the names of the members

nominated for election as Speaker and as Deputy Speaker.

(5) Immediately after the names have been read our by the Secretary, and member who has been nominated for election may withdraw his candidature.

(6) Where, after withdrawals, if any, only one person is left as the candidate for election as Speaker or as Deputy Speaker, the Commissioner shall declare such candidate to have been elected as Speaker or, as the case may be, Deputy Speaker.

(7) Where there are more candidates than one for election as Speaker or as Deputy Speaker, the Secretary shall read out to the Assembly the names of such candidates, and the Assembly shall then proceed to elect the Speaker and Deputy Speaker by secret ballot which shall be held in such manner as the Commissioner may direct.

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(8) Where there is equality of votes between two or more candidates and the addition of one vote for one such candidate would entitle him to be declared elected, one on whom the lot falls shall be declared to have been elected as Speaker or, as the

case may be, Deputy Speaker.

Speaker to Preside Over Deliberations

5. (1) Deliberations of the National Assembly shall be presided over by the Speaker and, in his absence, by the Deputy Speaker and, in the absence of both the Speaker and the Deputy Speaker, by the person whose name is highest on the panel of Chairmen from amongst those present at the sitting.

(2) If at any time at a sitting of the Assembly neither the Speaker nor the Deputy Speaker nor any person on the Panel of Chairmen is present, the Secretary shall inform the Assembly of the fact and the Assembly shall, by a motion, elect one

of its members present to preside.

Powers of Speaker

6. (1) The Speaker may, subject to the provisions of this Order, adjourn a meeting of the Assembly and call a meeting or the Assembly after adjournment.

(2) The Speaker shall.---

(a) call a meeting of the Assembly to order;

(b) preserve order and decorum and, in the case of disturbance or disorder in the galleries, may cause them to be cleared; and

(c) decide all points of order.

(3) The Speaker shall have all powers necessary for the purposes of enforcing

his decisions.

Panel of Chairmen

7. The Speaker shall nominate from amongst members of the Assembly a panel of not more than four Chairmen and arrange their names in an order of precedence.

Power of the Person Presiding

8. The person presiding over a meeting of the Assembly shall have the same powers as the Speaker while presiding over such meeting ; and all references in these rules to the Speaker as presiding officer shall be deemed to include a reference to such

person.

Conduct of Business in the Assembly

9. The business of the Assembly shall be brought before it by means of -----

(a) A motion ;

(b) amendment of a motion or an amendment to an amendment ; and

(c) report of a Committee.

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Time for Meetings

10. The meetings of the Assembly shall commence at 9 A.M. unless otherwise

resolved by the Assembly or directed by the Speaker.

Arrangement of Business

11. (1) A list of business for the day shall be prepared by the Secretary and, after it has been approved by the Speaker, a copy thereof shall be supplied for the use of every member before the commencement of the business of the day. The list thus prepared shall be called the “Orders of the Day”.

(2) Save as otherwise provided in these rules, no business not included in the Orders of the Day, shall be transacted on any day at any meeting without the leave of the Speaker.

(3) All business appointed for any day and not disposed of on that day shall stand over until the next working day, unless the Speaker otherwise directs.

Notice of Motion

12. (1) Unless otherwise directed by the Speaker, notice of every motion, accompanied by a copy of the motion, shall be given not later than the day preceding the day on which the motion is to be move.

(2) Every motion required by these rules shall be in writing addressed to the Secretary and signed by the member giving notice and shall be left at the Notice Office of the Assembly.

(3) Notice left at the Notice Office when it is closed shall be treated as given on the next open day.

(4) Where notice of a motion has been given, the Secretary shall send a copy the motion to the members as soon as possible after notice has been received.

(5) No notice shall be required ----

(a) for a motion for adjournment of the consideration of the motion which is under discussion ; or

(b) for a motion for reference back to a Committee.

Disallowance and Withdrawals of Motions

13. (1) unless permitted by the person presiding over the meeting, no motion which is substantially the same as a question which the Assembly has decided in the affirmative or the negative shall be mad.

(2) The Speaker may disallow any motion or any part thereof on the ground

that it is frivolous or dilatory or that it is an infringement of these rules.

(3) The Speaker may allow any member to withdraw a motion standing in his name.

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Seating of Members

14. The members shall sit in such order as the Speaker may direct.

Member to Rise when Speaking

15. A member desiring to make any observation on any mater before the Assembly shall rise or, it unable to do so, shall otherwise intimate his desire to the Speaker and shall only speak when called upon to do so by the speaker and shall address the House standing except when permitted otherwise. If, at any time, the Speaker rises, the member shall cease speaking and take his seat.

Time-limit for Speeches

16. The Speaker may, if he thinks fit, prescribe a time-limit for speeches.

Language of the Assembly

17. The members shall address the Assembly in Urdu, Bengali or English, provided that the Speaker may permit any member who cannot adequately express himself in

any of these languages to address the Assembly in his mother tongue.

(2) If Assembly member desires that an English translation of a summary of his speech delivered in a language other than Urdu, Bengali or English should be read to the Assembly, he shall supply a copy to the Speaker who may, in his discretion, allow it to be read to the Assembly. Such translation, if read to the Assembly, shall be included in the record of the proceedings of the Assembly.

(3) The official records of the proceedings of the Assembly shall be kept in Urdu, Bengali and English.

Decision of Matters before Assembly

18. (1) A matter requiring the decision of the Assembly shall be brought forward by means of Assembly question put by the Speaker.

(2) The Assembly shall decide how Assembly decision relating the Constitution Bill is to be taken, that is, whether by simple majority or by any other special procedure.

(3) Votes may be taken by voices or division and shall be taken by division if any member so desires.

(4) The Speaker shall determine the method of taking votes by

division.

(5) The result of a division shall be announced by the Speaker and shall not be challenged.

Amendments

19. (1) An amendment shall be relevant to the motion to which it is proposed.

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(2) An amendment which has merely the effect of a negative vote on the original motion shall not be moved.

(3) Except as permitted by the Speaker -----

(a) notice of any amendment to a motion shall be given not later than the day preceding the day on which the motion is to be moved ; and

(b) notice of any amendment to an amendment shall be given before the Assembly meets for the day on which the amendment is to be moved.

(4) The Speaker may disallow any amendment which he considers

to be frivolous or dilatory.

(5) The Speaker may put amendments to the vote in any order he may choose.

Re-opening of Decisions of the Assembly

20. No matter which has once been decided by the Assembly shall be re-opened

except with the consent of the Assembly.

Closure

21. Any time after Assembly motion has been made, any member may move “that the question be now put” and, unless it appears to the Speaker that the motion is an infringement of the right of reasonable debate, the Speaker shall put the motion “that the question be now put” ; and if the motion is accepted, no further discussion shall be

permitted except for a reply by the member who made the original motion.

Irrelevance or Repetition

22. The Speaker, after having called the attention of the Assembly to the conduct of a member who persists in irrelevance or in tedious repetition, either of his own arguments or of the arguments used by other members in debate, may direct him to discontinue his speech, and the member shall thereupon resume his seat.

Limitations on Debate

23. The meter of every speech shall be strictly relevant to the matter before the Assembly. A member while speaking shall not---

(1) speak offensive and insulting words against the character or proceedings of the Assembly;

(2) utter reasonable or seditious words; or

(3) use his right of speech for the purpose of willfully and persistently obstructing the business of the Assembly.

Members Not to Speak More Than Once

24. No member shall speak more than once to a motion in the Assembly except in the exercise of a right of replay or accept with the permission of the Speaker and that

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only for the purpose of making a personal explanation without introducing any new debatable matter.

Admission to the Assembly Chamber

25. The admission of persons other than members to the Assembly Chamber and its galleries during the sittings of the Assembly shall regulated in accordance with the orders of the Speaker.

Reports of the Proceedings of the Assembly

26. The Secretary shall cause full reports of the proceedings of the Assembly to be

printed and supplied to all members.

Motions for Leave to Introduce a Bill

27. (1) Any member may move for leave to introduce a Bill after giving to the Secretary at least two clear days notice of his intention to do so accompanied by a copy of the Bill.

(2) If a motion for leave to introduce a Bill is opposed, the Speaker, after permitting, if he thinks fit, a brief explanatory statement from the member who moves and from the member who opposes the motion may without further debate put the question.

(3) If the leave to introduce the Bill is granted, the member may introduce the Bill.

Publication after Introduction

28. As soon as may be after it has been introduced, a Bill shall be published in the official Gazette.

Motions after Introduction

29. When a Bill is introduced or on some subsequent occasion, the member in charge may make one of the following motions in regard to his Bill, namely:

(a) that it be taken into consideration by the Assembly either at once or at some future day to be then specified ; or

(b) that it be referred to a Select Committee:

Provided that no such motion shall be made until after copies of the Bill have been make available for the use of members, and that any member may object to any such motion being made unless copies of the Bill have been so made available for three days before the day on which the motion is made ; and such objection shall prevail unless the Speaker, in the exercise of his power to suspend this rule, allows the motion to be made.

Discussion of Principle of Bills

30. (1) On the day on which any such motion is made, or on any subsequent day to which the discussion thereof is postponed, the principle of the Bill and its general

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provisions may be discussed, but the details of the Bill must not be discussed further than is necessary to explain its principles.

(2) At this stage, no amendments to the Bill may be moved, but if the member in charge moves that his Bill be taken into consideration, any member may move as an amendment that the Bill be referred to a Select Committee.

Persons by whom Motions in Respect of Bills may be made

31. Unless the Speaker permits any other member to act as the member in charge, no motion that a Bill be taken into consideration or be passed shall be made by any member other than the member in charge; and no motion that that a Bill be referred to a Select Committee shall be made by any member other than the member in charge except by way of amendment to a motion made by the member in charge.

Procedure after Presentation of Report

32. (1) After the presentation of the report of the Select Committee on a Bill, the member in charge may move----

(a) that the Bill as reported by the Select Committee be taken into consideration:

Provided that any member may object to its being so taken into for consideration if a copy of the report has not been made available the use of members and such objection shall prevail, unless the Speaker allows the report to be taken into consideration; or

(b) that the Bill as reported by the Select Committee either

(i) without limitation, or

(ii) with respect to particular clauses or amendments, only, or

(iii) with instructions to the Select Committee to make some particular or an additional provisions in the Bill.

(2) If the member in charge moves that the Bill be taken into consideration, any member may move as an amendment that the Bill be recommitted.

Proposal of Amendments

33. (1) When a motion that a Bill be taken into consideration has been carried, any member may propose an amendment of the Bill.

(2) A member who intends to propose an amendment shall give notice thereof to the Secretary together with a copy of the amendment.

(3) The Secretary shall cause a copy of the amendment to be made available

for the use of every member.

Order of Amendments

Amendments shall ordinarily be considered in the order of the clauses of the Bill to which they respectively relate, and in respect of any such clause a motion shall be

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deemed to have been made “that this clauses (or as case may be, that this clause, as amended) stands part of the Bill”.

Submission of Bills Clause by Clause

35. When a motion that a Bill be taken into consideration has been carried, it shall be in the discretion of the Speaker to submit the Bill or any part of the Bill to the Assembly clause by clause and when he does so the Speaker shall call each clause separately and, when the amendments relating to it have been dealt with, shall put the question “that this clause (or, as the case may be, that this clause, as amended) stands part of the Bill”.

Passing of Bills

36. (1) When a motion that a Bill be taken into consideration has been carried and no amendment of the Bill is made, the member in charge may at once move that the Bill be passed.

(2) If any amendment of the Bill is made, any member may object to any motion being made, on the same that the Bill be passed, and such objection shall prevail, unless the Speaker allows the motion to be made.

(3) Where the objection prevails, a motion that the Bill be passed may be

brought forward on any future day.

(4) No amendment which is neither formal nor consequential upon an amendment made after the Bill was taken into consideration shall be moved to a

motion that the Bill be passed.

Withdrawal of Bills

37. The member in charge may at any stage move for leave to withdraw the Bill introduced by him; and, if such leave is granted, no further motion may be made with reference to the Bill.

Laps of Bills

38. When a Bill is passed, all other Bills pending before the Assembly shall lapse.

Authentication

39. When the Constitutional Bill is passed by the Assembly, the Secretary shall submit to the President for authentication a copy thereof singed by the Speaker.

Committees of the Assembly

40. (1) The Assembly may besides a Select Committee constituted in relation to a Bill, appoint as many Committees and allocate to each such Committee such business as it may think fit.

(2) The members of the Committee including the Chairman shall be appointed by the Assembly at the time it appoints the Committee.

(3) A casual vacancy in a Committee shall be filled as soon possible after it occurs by nomination by the Speaker.

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(4) If the Chairmen is not present at any meeting of the Committee, the members of Committee shall elect one of their members to be the Chairmen.

(5) In the case of an equality of votes, the Chairmen shall have a second or casting vote.

Power of any Committee to Act Notwithstanding Vacancy

41. (1) Subject to the requirement of a quorum prescribed by or under these rules, a Committee appointed by the Assembly shall have power to act notwithstanding any vacancy in the membership thereof.

(2) A committee may hear expert evidence and representatives of special interests who may desire to place their views before it.

Quorum of the Committee

42. (1) At the time of the appointment of the members of a Committee, the number of members whose presence shall by necessary to constitute a quorum for a meeting of the Committee, and the time within which the Committee, shall make its

report, shall be flexed by the Assembly.

(2) If at the time fixed for any meeting of the Select Committee, or if at any time during any such meeting, the quorum is not present, the Chairman of the Committee shall either suspend the meeting until a quorum is present or adjourn the meeting to some future day.

(3) Where the Committee has been adjourned in pursuance of sub-rule (2) on two successive dates fixed for its meeting, the Chairman shall report the fact to the

Assembly.

Voting in Committees

43. (1) All questions at a meeting of a Committee shall be determined by a majority of the members present and voting.

(2) The Chairmen shall not vote except in the event of equality of votes.

Reports of the Committees

44. (1) A committee shall make a report relating to the business allocated to it or, in the case of a Select Committee, on the Bill referred to it.

(2) If any member of a Committee desires to record a minute of dissent on any point, he must sign the report stating that he does to subject to his minute of dissent, and must at the same time hand in his minute.

Presentation of Report

45. (1) The report of a Committee shall be presented to the Assembly by the Chairmen.

(2) The Secretary shall cause every report of a Committee, together with the views of the minority, if any, to be printed in English and a copy thereof made

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available for the use of every member of the Assembly. The report, with the views of the minority, if any, shall be published in the official Gazette, and, in the case of the report of a Select Committee, it shall be published together with the Bill as settled in

the Committee.

Agenda and Notices of the Meetings of Committees

46. (1) The time table of business of a Committee and the agenda for each meeting of the Committee shall be determined by the Chairmen of the Committee.

(2) Notice of all meetings of a Committee shall be sent to the members of the

Committee.

Suspension of Rules

47. Whenever any inconsistency or difficulty arises in the application of these rules, any member may, with the consent of the Speaker, move that any rule may be suspended in its application to a particular motion before the Assembly, and it the motion is carried the rule in question shall stand suspended.

Removal of Difficulties

48. Where in the opinion of the Speaker any difficulty is likely to arise in carrying out the provisions of these rules, or in respect of any matter for which no provision or sufficient provision exists in these rules the Speaker may make such rules as he thinks fit, not inconsistent with these rules, for the purpose of removing the difficulty.

In the name of Allah, the Beneficent, the Merciful

Preamble

WHEREAS sovereignty over the entire Universe belongs to Allah Almighty alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

WHEREAS the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, declared that Pakistan would be a democratic State base don Islmaic principles of social justice;

AND WHEREAS the National Assembly, representing the people of Pakistan, has been elected to frame for the sovereign independent State of Pakistan a Constitution:

WHEREIN the State should exercise its powers and authority through the

chosen representatives of the people ;

WHEREIN the principles of democracy, freedom equality, tolerance and social justices as enunciated by Islam, should be fully observed ;

WHEREIN the Muslims of Pakistan should be enabled individually and collectively to order their lives in accordance with the teachings and requirements of Islam, as set out in the Holy Quarn and Sunnah ;

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WHEREIN adequate provision should be made for the minorities freely to profess and practices their religion and develop their culture ;

WHEREIN the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan should form a Federation, wherein the Provinces would be autonomies with such limitations on their powers and authority as might be prescribed ;

WHEREIN should be guaranteed fundamental rights, including rights such as equality of status and of opportunity, equality before law, freedom of thought, expression, belief, faith, worship and association, and social, economic, and political

justice, subject to law and public morality ;

WHEREIN the independence of the Judiciary should be fully secured ;

WHEREIN the integrity of the territories of the Federation its independence and all its rights, including its sovereign rights over land, sea and air should be safeguarded ;

So that the people of Pakistan may prosper and attain their rightful and honored place amongst the nations of the world and make their full contribution towards international peace and the progress and happiness of humanity ;

Now, THEREFORE, we the people of Pakistan through our elected representatives in the National Assembly do hereby adopt, enact and give to ourselves this Interim Constitution.

Part I

Introductory

1. (1) This Constitution may be called the Interim Constitution of the Islamic

Short title and Republic of Pakistan.

Commencement.

(2) It shall come into force on the twenty-first day of April, 1972, hereinafter referred to as the “commencing day”.

2. (1) The State of Pakistan shall be a Republic, to be known as the Islamic

Republic and its Republic of Pakistan

Territories.

(2) The Republic shall be a Federation wherein shall be united -----

(a) the Provinces as they existed immediately before the

commencing day;

(b) Islamabad Capital Territory, hereinafter referred to as the Capital of the Federation ;

(c) the Centrally Administered Tribal Areas ; and

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(d) such other States and territories as are, or may, with the consent of the Federation, be included in Pakistan, whether by accession or otherwise.

3. (1) To enjoy the protection of law, and to be treated in accordance with

Right of indivi- law and only in accordance with law, is the inalienable right of every duals to be dealtcitizen, wherever he may be, and of every other person for the time with in accord- being within Pakistan. ance with law, etc. (2) In particular-----

(a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law ;

(b) no person shall be prevented from, or be hindered in doing anything not

prohibited by law ; and

(c) no person shall be compelled to do anything the law does not require him to do.

Loyalty to the

4. Loyalty to the Republic is the basic duty of every cities

Republic.

5. Obedience to law is the basic obligation of every citizen, wherever he may obedience of be, and of every other person for the being within Pakistan.

Part II

Fundamental Rights and Principles of Policy

6. In this part, unless the context otherwise requires, “the State” includes the Federal Definition Government, the Federal Legislature, the Provincial Governments, the

The State. of Provincial Legislatures, and such local or other authorities as

are empowered by law to impose any tax, or cess.

Chapter I----FUNDAMENTAL RIGHTS

7. (1) Any law, or any custom or usage having the force of law, so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights so conferred, and any law made in contravention of this clause shall, to the extent of such contravention, be void.

Laws inconsistent with or in derogation of fundamental right’s to be void.

3. a)

The provisions of this Article shall not apply to ----

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any law relating to members of the Defiance Services, or of the Police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among

them ; or

(b) Any of the laws specified in the First Schedule as in force immediately before the commencing day ;

And no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter.

(4) The right to move the Supreme Court by appropriate proceedings for the enforcement of rights conferred by this Chapter is guaranteed.

8. No person shall be deprived of life or liberty save in accordance with Security of

law. person.

9. (1) No person who is arrested shall be detained in custody without being

Safeguards as to informed, as soon may be, of the grounds for such arrest, nor shall he

Arrest and detention. be Denied the right to consult and be defended by legal

practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defense of Pakistan or any part thereof, or the external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorize the detonation of a person for a period exceeding one month unless the appropriate Advisory Board has reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and if the detention is continued after the said period of one month, unless the appropriate Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.

Explanation.--- In this clause, “the appropriate Advisory Board” means----

(i) in the case of a person detained under a Federal law, a Board consisting of a Judge of the Supreme Court, who shall be nominated by the Chief Justice of Pakistan, and a senior officer in the service of Pakistan, who shall be nominated by the President ; and

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(ii) in the case of a person detained under a Provincial law, a Board consisting of a Judge of the High Court of the Province concerned, who shall be nominated by the Chief Justice of that Court, and a senior officer in the service of

Pakistan, who shall be nominated by the Governor of that Province.

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, but not later than one week from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order :

Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.

(6) The authority making the order shall furnish to the Advisory Board all documents relevant to the case, unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any such document, is produced.

(7) Within a period of twenty-four months no person shall be detained under any order as aforesaid for more than a total period of twelve month.

(8) Nothing in this Article shall apply to any person who for the time being is an enemy alien.

(9) (1) No person shall be held in slavery, and no law shall permit or

Slavery and any form. In any way facilitate the introduction into Pakistan of slavery in any form.

Prohibited. (2) All forms of forced labour are prohibited.

(3) Nothing in this Article shall be deemed to affect compulsory service---

(a) by persons undergoing punishment for offences against any law ; or

(b) required by any law for public purposes.

11. No law shall authorize the punishment of a person-----

(a) for act or omission which was not punishable by law at

the time of the Protection against act or omission ; or

Retrospective (b) for an offence by a penalty greater than, or of a kind different from, the

Punishment. Penalty prescribed by law for that offence at the time the offence was act or omission ; or committed.

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12. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Pakistan and to reside and settle in any part thereof.

Freedom of movement.

13.

Freedom assembly. Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

14.

Freedom association. Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order.

15.

Freedom of trade, business or profession. Every citizen, possessing such qualification, if any, as many be prescribed by law in relation to his profession or occupation, shall have the right to enter upon any lawful profession or occupation,

and to conduct any lawful trade or business:

Provided that nothing in this Article shall prevent----

(a) The regulation of any trade or profession by a licensing system;

(b) The regulation of trade, commerce or industry in the interest of free competition therein ; or

(c) The carrying on, by the Federal or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.

16.

Freedom of speech. Every citizen shall have the right to freedom of speech and expression, subject to any reasonable restrictions imposed by law in the interest of the integrity, security or defense of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

17.

Freedom to profess religion and to manage religious institutions. Subject to law, public order and morality----

(a) every citizen has the right to profess, practice and propagate any religion : and

(b) every religious denomination and every sect thereof has the right to establish, maintain and manage its religious institution.

18.

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Safeguard ageist taxation for purposes of any particular religion. No person shall be compelled to pay special tax the proceeds of which are to which are to be spent on the propagation or maintenance of any religion other than his own.

19.

Safeguards as to educational institutions in respect of religions, etc. (1)

(2)

No person attending any educational institution shall be required to receive regions instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.

In respect of any religious institution, there shall be no discrimination against any

community in the granting of exemption of concession in relation to taxation.

(3)(a)(b)

(c) Subject to law,----

No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational

institution maintained wholly by that community or denomination ;

No citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth ;

Every religious community or denomination shall have the right to establish and maintain educational institutions of its own choice, and the State shall not deny recognition to any such institution on the ground only that the management of such

institution vests in that community or denomination.

(4) Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward

class of citizens.

20.

Protection as to property. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property.

21.

Provision of property rights. (1) No person shall be deprived of his property save in accordance with law.

(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the

principles on and the manner in which compensation is to be determined and given.

(3) Nothing in this Article shall affect the validity of -----

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(a) Any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health ; or

(b) Any law relating to the acquisition, administration, or disposal of any property which is or is deemed to be evacuee property under any law ; or

(c) Any law providing for the taking over by the State for a limited period the management of any property for the benefit of its owner ; or

(d) Any law for the acquisition of any property or means of

production for the purpose of -----

(i) providing free education and free medical aid to all or any specified class of citizens ; or

(ii) providing housing facilities to all or any specified class of citizens ; or

(iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves ; or

(e) Any existing law.

(4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in clause (2) or clause (3) or determined in pursuance thereof, shall not be called in question in court.

(5) In clauses (2) and (3) “property” means immovable property, or

any commercial or industrial undertaking, or any interest in any such undertaking.

22.

Equality of

citizens.

(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex alone.

(3) Nothing in this Article shall prevent the State from enacting any special

23

Non-discrimination in respect of access to public places. In respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex or place of birth, but nothing herein shall be deemed to prevent the making of special provision for women.

24.

Safeguard against discrimination in services and elective offices. (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste,

sex, residence or place of birth:

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provision for the protection of women.

Provided that for a period of ten years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan :

Provided further that in the interest of the said service, specified posts or services may be reserved for members of either sex if which cannot be adequately performed by members of the other sex, such posts or services entail the performance of duties and functions.

(2) Nothing in this Article shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing in relation to any class of service under that Governement or authority, conditions as to residence in the Province prior to appointment udder that Governement or authority.

25

Preservation of culture, script and language. Any section of citizens having a

distinct language, script or culture shall have the right to preserve the same.

26.

Abolition of unsociability. Unsociability is abolished, and its practice in

any form is forbidden and shall be declared by law to be an offence.

CHAPTER 2---- PRINCIPLES OF POLICY

27.

Principles of Policy. (1) The Principles set out in this Chapter shall be known as the Principles of Policy, and it is the responsibility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the Stage, to act in accordance with those Principles in so far they relate to the

functions of the organ or authority.

(2) In so far as the observance of any particular Principle of Policy may be dependent upon resources being available for the purpose, the Principle shall be regarded as being subject to the availability of resources.

(3) In respect of each year, the President in relation to the affaires of the Federation, and the Governor of each Province in relation to the affaires of his Province, shall cause to be prepared and laid before the National Assembly or, as the case may be, the Provincial Assembly, a report on the observance and implementation of the Principles of Policy, and provision shall be made in the rules of procedure of the National Assembly or, as the case may be, the Provincial Assembly, for discussion of such report.

28.

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Responsibility with respect to Principles of Policy. (1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person performing functions on behalf of an organ or authority of the State, is in accordance with the Principles of Policy that of the organ or authority of the State, or of the person, concerned.

(2) The validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the Stage, any organ or authority of the Stage or any person on such ground.

(3) The National Assembly, a Provincial Assembly, the President or a Governor, may refer to the Advisory Council of Islamic Ideology for advice any question as to whether a proposed law is or is not repugnant to the teachings and

requirements of Islam as set out in the Holy Quran and Sunnah.

29.

Islam.

No law shall be repugnant to the teachings and requirements of Islam as set out in Holy Quran and Sunnah, and all existing laws

shall be brought in conformity with the Holy Quran and Sunnah.

Explanation. ---- In the application of this Principle to the personal law of any Muslim the expression “Quran and Sunnah” shall mean the Quran and Sunnah as interpreted by the school of law to which he belongs.

30.

Islamic way of

life.

(1) The Muslims of Pakistan should be enabled, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam, and should be provided with facilities where by they may be enabled to understand the meaning of life according to those principles and concepts.

(2) The teaching of the Holy Quran and Islamiat to the Muslims of

Pakistan should be compulsory.

(3) Unity and the observance of Islamic moral standards should be promoted among the Muslims of Pakistan.

(4) The proper organization of zadat, auquf and mosques should be ensure.

31.

National solidarity, Parochial, racial, tribal, sectarian and provincial prejudices among the citizens should be discouraged.

32.

Full participation of women in national life. Special steps should be taken to ensure full participation of women in all spheres of national life.

33.

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Fair treatment to minorities. The legitimate rights and interests of the minorities should be safeguarded, and the members of minorities should be given due opportunity to enter the service of Pakistan.

34.

Promotion of interests of backward people. Special care should be taken to promote the educational and economic interests of people of backward classes or in backward areas.

35.

Advancement of under-privileged caste, etc. Steps should be taken to bring on terms of equality with other persons the members of under-privileged castes, races, tribes and groups and, within a Province should be identified by the Governement of

the Province and entered in a schedule of under-Privileged classes.

36.

opportunities to participate in national life etc. The people of different areas and classes, through education, training, industrial development ad other methods, should be enabled to participate fully in all forms of national activities, including employment in the service of Pakistan.

37.

Education. Illiteracy should be eliminated, and free education up to the secondary level should be provided for all, as soon as practicable.

38.

Humane conditions of work. Just and humane conditions of work should be provided, and children and women should not be employed in vocations unsuited to their age of sex, and maternity benefits should be provided for women in employment.

39.

Well-being of the people. The well –being of the people, irrespective of caste, creed or race, should be secured-----

(a) By raising the standard of living of the common man ;

(b) By preventing the undue concentration of wealth and means of production and distribution in the hands of a few, to the detriment of the interest of the common man ;and

(c) By ensuring an equitable adjustment of rights between employers and employees and between landlords and tenants.

40.

Opportunity to gain adequate livelihood. All citizens should have the opportunity to work and earn an adequate livelihood, and also to enjoy reasonable rest and leisure.

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41.

Social security. All persons in the service of Pakistan or otherwise employed should be provided with social security by means of compulsory social insurance or otherwise.

42.

Provision of basic necessitates. The basic necessities of life, such as food, clothing, housing, education and medical treatment, should be provided for citizens who, irrespective of caste, creed or race, are permanently or temporarily unable to

earn their livelihood on account of infirmity, disability, sickness or unemployment.

43.

Administrative offices to be provided for public convenience. Administrative offices and other services should, as far as practicable, be provided in places where they will best meet the convenience and requirements of the public.

44.

Reduction of disparity in remuneration for public services. Disparity in the remuneration of persons in the various classes of the service of Pakistan should, within reasonable and practicable limits, be reduced.

45.

Services in the Defence Services. Persons from all parts of Pakistan should be

enabled to serve in the Defence Services of Pakistan.

46.

Elimination of Riba. Riba (usury) should be eliminated.

47.

Prostitution, gambling and drug-taking to be discouraged, etc. Prostitution, gambling and the taking of injurious drugs should be discouraged, and printing, publication and circulation of obscene literature should be prohibited.

48.

Consumption of alcohol to be discouraged. The bonds of alcoholic liquor (except for medicinal purposes, and in the case of non-Muslims for religious purpose) should be discouraged.

49.

Strengthening bonds with the Muslim would and promoting internal peace. The bonds of unity among Muslim countries should be preserved and strengthened, international peace and security should be promoted, goodwill and friendly relations among all nations should be fostered, and the settlement of international disputes by peaceful means should be encouraged.

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PART III

The Federation of Pakistan

CHAPTER I---THE FEDERAL EXECUTIVE

The president

50.

President of

Pakistan

(1) There shall be a President of Pakistan who shall be elected in accordance with the provisions of this Constitution.

(2) The President shall make before the Chief Justice of Pakistan

an oath in such form set out in the Second Schedule as is applicable to his office.

(3) A person shall not be elected as President unless----

(a) he is a Muslim ;

(b) he has attained the age of forty years ;

(c) he is qualified to be elected as a member of the National

Assembly.

51.

Election of President. If at tie the office of President falls vacant, the members of the National Assembly shall elect a President in accordance with the provisions to the Third Schedule.

52.

Term of office President. (1) Subject to this Constitution, a President shall hold office for a term of five years from the date he enters upon his office :

Provided that the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.e

(2) A President may, by writing under his hand addressed to the

Speaker of the National Assembly, resign his office.

53.

Impeachment of the President. (1) A President may be impeached on a charge of violating the Constitution or gross, misconduct.

(2) No such charge shall be preferred unless not than forty members of the National Assembly give to the Speaker of that Assembly notice of their intention to move a resolution for the impeachment of a President, and no such resolution shall be moved in the Assembly unless fourteen days have expired from the date on which notice of such resolution is communicated to the President.

(3) The President shall have right to appear and be represented during the consideration of the charge.

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(4) If, after the consideration of the charge, a resolution is passed by the National Assembly, by a majority of votes of the members present and voting, declaring that the charge has been substantiated, the President shall vacate his office

on the date on which the resolution is passed:

Provided that the number of members constituting the majority is not less than seventy-five.

(5) Where the Vice-President is exercising the functions of the President under Article 60, the provisions of this Article shall apply subject to the modification that the reference in clause (4) to the removal from office of President shall be construed as a reference to the removal of the Vice-President from his office as Vice-President; shall cease to exercise the functions of President.

54.

Functions of President. (1) Subject to this Constitution, the executive authority of the Federation shall be exercised by the President either directly or through officers subordinate to hi, but nothing in this Article shall prevent the Federal Legislature from conferring functions upon subordinate authorities, or be deemed to transfer to the President any functions conferred by any existing law on any court, judge or officer or any local or other authority.

(2) References in this Constitution to the functions of the President shall be construed as references to his powers and duties in the exercise of the executive authority of the Federation and to any other powers and duties conferred or

imposed on him as President by or under this Constitution.

(3) The salary, allowances and privileges of the President shall be as any from time to time be defined by Act of the Federal Legislature, and until so defined, the President shall be entitled to the salary, allowances and privileges to which he was entitled immediately before the commencing day.

55.

President to have supreme command of Defence Services. The Supreme Command of the Defence Services of Pakistan is vested in the President, to be exercised by him subject to law.

56.

President to appoint Chief Commanding Officers. (1)

(a)

(b) The President shall appoint----

A person to be the Chief of Staff of the Pakistan Army;

A person to be the Chief of Staff of the Pakistan Navy; and

(c) a person to be the Chief of Staff of the Pakistan Air Force.

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(2) The President may require that appointments to such other offices connected with Defence as he may specify shall be made by him or in such manner as he may direct.

(3) The pay and allowances of the Chief of Staff of the Pakistan Army, the Chief of Staff of the Pakistan Navy, and the Chief of Staff of the Pakistan Air Force, appointed under clause (1), shall be such as the President may determine.

The Vice-President

57.

Vice-President of Pakistan (1) There shall be a Vice-President of Pakistan who shall be elected in accordance with the provisions of this Constitution.

(2) The Vice-President shall make before the President an oath in such form set out in the Second Schedule as is applicable to his office.

(3) A person shall not be elected as Vice-President -----

(a) hs is a Muslim ;

(b) he has attained the age of forty years;

(c) he is a member of the National Assembly.

58.

Election of Vice-President , etc. (1) If at any time the office of Vice-President falls vacant, the members of the National Assembly shall elect a Vice-President in accordance with the provisions of the Third Schedule, and until the Vice-President so elected enters upon his office, the President may appoint a person qualified under clause (3) of the last preceding Article to be the Vice-President.

(2) The Vice-President shall be deemed to be a member of the

President’s Council of Ministers, and shall take precedence next after the President.

59.

Term of office of Vice-President (1) Subject to this Constitution, the Vice-President shall hold office for a term of five years from the date of his election:

(2) The Vice-President may, be writing under his hand addressed to the President, resign his office.

(3) The provisions of Article 53, except clause (5) thereof, shall mutatis mutandis apply in relation to a Vice-President as they apply in relation to a

President.

60.

Functions of Vice-President (1) The functions of the Vice-President shall be such as may from time to time be assigned to him by the President; and whenever the

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President is absent from Pakistan, or is unable to perform his functions due to illness or any other cause, the Vice-President shall perform the functions of the President, until the President resumes his duties.

(2) Save as otherwise provided, the salary, allowances and privileges of the Vice-President shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, the Vice-President shall be entitled to the salary, allowances and privileges to which he was entitled immediately before the commencing day.

(3) If the office of President becomes vacant, by reason of death or resignation, the Vice-President shall be act as present unit such time as a President is elected and enters upon his office.

(4) The Vice-President, during and in respect of the period he acts as President, or performs the functions of the President, shall have all the powers of the President other than the power to dissolve the National Assembly or to remove a Governor, a Minister or a Minister of State.

Extent of Executive Authority

61.

Extent of executive authority of the Federation Subject to the provisions of this Constitution, the executive authority of the Federation extends the matters with respect to which the Federal Legislature has power to make laws, including the exercise of rights, authority and jurisdiction in and in relation of areas outside Pakistan

Provided that the said authority does not, save as expressly provided in this Constitution, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws.

Administration of Federal Affairs

62.

Council Ministers. There shall be a Council of Ministers, to aid and advise the President in the exercise of his function.

63

Other provisions as to Ministers. (1) The President’s Ministers shall be chosen and summoned by him, shall make before the President oath in such form set out in the Second Schedule as is applicable to their office, and shall hold office during the

pleasure of the President.

(2) A Minister who, for any period of twelve consecutive months, is not a member of the National Assembly, shall, at the expiration of that period, cease

to be a Minister.

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(3) The salaries, allowances and privileges of Ministers shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, Ministers shall be entitled to the salaries, allowances and privileges to

which Ministers were entitled immediately before the commencing day.

(4) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

(5) A Minister may, by writing under his hand addressed to the President, resign his office.

64.

Ministers of Stage. (1) The President may choose and summon one or more Ministers of State to perform such functions as he may determine, and they shall make before the President oath in such form set out in the Second Schedule as is applicable to their office, and hold office during the pleasure of the President.

(2) A Minister of State shall not be a member of the President’s Council of Ministers, but it shall be his duty to attend the Council in respect of such matters and upon such occasions as the President may require.

(3) The provisions of clauses (2) , (4) and (5) of the last preceding

Article shall apply to Ministers of State as they apply to Ministers.

(4) The salaries, allowances and privileges of Ministers of State shall be such as may from time to time be defined by Act of the Federal Legislature,

and until so defined, as may be determined by the President.

65.

Attorney-General of Pakistan. (1) The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be Attorney-General for Pakistan.

(2) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the President, and in the performance of his duties he shall have right of audience in all courts and tribunals in

Pakistan.

(3) The Attorney-General hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

(4) The Attorney-General may, by writing under his hand addressed to the President, resign his office.

66.

Conduct of business of Federal Government. (1) All executive actions of the Federal Government shall be expressed to be taken in the name of the President.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be

344

made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument mad or executed by the President.

(3) The President shall make rules for the more convenient transaction of the business of the Federal Government, and for the allocation among Ministers and Ministers of State of the said business.

(4) The rules shall include provisions requiring Ministers, Ministers of State and Secretaries to Government to transmit to the President all such information with respect to the business of the Federal Government as may be

specified in the rules, or as the President may otherwise require to be so transmitted.

CHAPTER 2----THE FEDERAL LEGISLATURE

General

67.

Constitution of the Federal Legislature, etc. P.O. No. 11 of 1972. (1)

(2)

There shall be a Federal Legislature, which shall consist of the President and the National Assembly.

The National Assembly summoned to meet under the National Assembly (Short

Session) Order, 1972, shall be the first National Assembly under this Constitution.

(3) The National Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting under this Constitution and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly.

68.

Summoning of National Assembly, its profogation and dissolution. (1)

(2) The National Assembly shall be summoned to meet at least twice in every year, and six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.

Subject to the provisions of clause (1), the President may from time to time----

(a) summon the National Assembly to meet at such time and place as he thinks fit ; and

(b) except when it has been summoned by the Speaker under clause (4), prorogue National Assembly:

Provided that the National Assembly shall for the first time be summoned to meet on the fifteenth day of August, 1972.

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(3) After a general election, the National Assembly shall be summoned to meet within thirty days of the declaration of the results of the election.

(4) The Speaker of the National Assembly may, at the request of not less than forty members of the Assembly, summon the Assembly within fourteen days of such request and when the Speaker has summoned it, he may prorogue it.

(5) Nothing in clauses (1), (2) and (3) shall apply to the summoning of the National Assembly for the making of the Constitution.

(6) The President may at any time dissolve the National Assembly, but the first National Assembly under the Constitution shall not be dissolved before the fourteenth day of August, 1973.

69.

Right of President to address and send messages to National Assembly. (1)

(2) The President may address the National Assembly, and for the purpose require the attendance of its members.

The President may send message to the National Assembly, whether with respect to a Bill then pending in the Assembly, or otherwise, and the Assembly shall with all convenient dispatch consider any matter which it is required by the message to take

into consideration.

70.

Rights of Ministers and Attorney-General as respects National Assembly. Every Minister, Minister of State, and the Attorney-General shall have the right to speak in, and otherwise take part in the proceedings of, the National Assembly, or any committee thereof of which he may be named a member, but shall not, by virtue of this Article, be entitled to vote.

71.

Speaker and Deputy Speaker of National Assembly. (1) As soon as may be after the commencing day, the National Assembly shall, at its meeting, choose two of its members to be respect vely Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or, as the case be, Deputy Speaker.

(2) Before he enters upon his office, the person chosen as Speaker or as Deputy Speaker shall make before the President and Speaker, respectively, an oath in such form set out in the Second Schedule as is applicable to his office.

(3) At any time when the office of Speaker is vacant, or the Speaker is absent or is unable to perform the functions of this office due to illness or any other cause, the Deputy Speaker shall act as Speaker, except that, if at that time, the Deputy Speaker is also absent or is unable act as Speaker due to illness or other cause, such member as may be determined by the rules of procedure of the Assembly

shall act as Speaker.

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(4) The Speaker may, by writing under his hand addressed to the President, resign his office.

(5) The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign his office.

(6) The office of Speaker or Deputy Speaker shall become vacant if-----

(a) he cases to be a member of the Assembly ;or

(b) he is removed from office by a resolution of the Assembly, of which not less than fourteen days’ notice has been given, and which is passed by a majority of votes of the members of the Assembly Present and voting:

Provided that the number of members constituting the majority is not less than

seventy-five.

(7) Whenever the Assembly is dissolved, the Speaker shall not vacate his office until the person chosen to fill the office by the next Assembly has

entered upon his office.

(8) The salaries, allowances and privileges of the Speaker and Deputy Speaker shall be such as may from time to time be defined by Act of the

Federal Legislature, and until so defined, as my be determined by the President.

72.

Voting in Assembly, power of Assembly to act notwithstanding vacancies, and quorum. (1) Save as in this Constitution otherwise expressly provided, all questions in the National Assembly shall be determined by a majority of votes of the members present and voting, other than the Speaker, or the person acting as such, who shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(2) The National Assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled to do so, sat or voted or otherwise took part in the

proceedings.

(3) If at any time during a meeting of the National Assembly less than forty members are present, it shall be the duty of the Speaker, or the person acting as such, either to adjourn the Assembly, or to suspend the meeting until at leas forty members are present.

73.

Validity of proceedings of Assembly not withstanding absence of certain members. The provisions of the last preceding Article shall have effect notwithstanding that all or a majority of the members of the National Assembly from a Province fail to participate in the proceedings of the Assembly, and any proceedings in the Assembly shall be valid notwithstanding the absence of such members.

347

Provisions as to Members of the National Assembly

74.

Oath of members. A person who is a member of the National Assembly shall not sit or vote in the Assembly until he makes before the President an oath in such form

set out in the Second Schedule as is applicable to his office.

75.

Vacation of seats. (1)

(a)

(b) If a member of the National Assembly --------

Becomes subject to any of the disqualifications mentioned in the next succeeding Article, or

By writing under his hand addressed to the President resigns his seat, his seat shall become vacant.

(2) If for sixty days a member of the National Assembly is, without permission of the Assembly, absent from all meetings thereof, the Assembly may declare his seat vacant:

Provided that in computing the said period of sixty days, no account shall be taken of any period during which the Assembly is prorogued, or is adjourned for more than four consecutive days.

75.

Disqualifications for membership. (1) A person shall be disqualified from being elected as, and from being, a member of the National Assembly if -----

(a) he is of unsound mind and has been so declared by a competent court ; or

(b) he is an undercharged insolvent ; or

(c) he has been, after the twentieth day of December, 1971, on conviction for any offence, sentenced to transportation for any term or to imprisonment for a term of not less than two years, unless a period of five years, or such less period as the President may allow in any particular case, has elapsed since his release ; or

(d) he has been dismissed for misconduct from the service of Pakistan, unless a period of five years, or such less period as the President may allow in any particular case, has elapsed since his dismissal ; or

(e) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a co-operative society and Government, for the supply of goods to, or for the execution of any work or the performance of any service undertaken by, Government:

348

Provided that the disqualification under this paragraph shall not apply to a person-----

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved him, or such longer period as the President may in any particular case allow ;or

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1913, of which he is a share-holder but is neither a director nor a person holding an office of profit under the company nor a managing agent ; or

(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest ; or

(f) he holds any office profit in the service of Pakistan other than an office which is not a whole time office remunerated either by salary or by fee :

Provided that for the purpose of this paragraph an office of profit in the service of Pakistan does not include-----

(i) the office of President ;

(ii) the office of Vice-President ;

(iii) the office of Governor;

(iv) the office of member of the President’s Council of Ministers;

(v) the office of Minister of State;

(vi) the office of Adviser to the President ;

(vii) the office of member of a Governor’s Council of Ministers;

(viii) the office of Adviser to a Governor;

(ix) the office of Special Assistant to the President, when held by a person who is not a member of a regular service;

(x) the office of Ambassad or of Pakistan in a foreign country, when held by a person who is not a member of a regular service;

(xi) the offices of Lambardar, Inamdar, Sufedposh and Zaildar, whether called by this or any other title;

(xii) Reserves of the Armed Forces, howsoever described;

(xiii) The Razakars;

(xiv) Any office the holder whereof, by virtue of holding such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a force;

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(xv) Any other office which is declared by Act of the Federal Legislature not to disqualify its holder from being elected as, or from being, a member of the National Assembly or a Provincial Assembly.

(2) For the avoidance of doubt, it is hereby declared that a Judge of the Supreme Court or a High Court, the Auditor-General, the Attorney-General and an Advocate-General are persons holding office of profit in the service of Pakistan.

(3) If any question arises whether a member of the National Assembly has, after his election, become disqualified from being a member of the Assembly, the Speaker of the Assembly shall refer the question to the Chief Election Commissioner, and if the Chief Election Commissioner is of the opinion that the member has become disqualified, the member shall cease to be a member.

(4) A person shall be disqualified from being elected as a member of the National Assembly while he is serving a sentence of transportation or of imprisonment of more than two years for a criminal offence.

77.

Penalty for sitting and voting when not qualified, or when disqualified. If a person sits for votes as a member of the National Assembly when he is not qualified or is disqualified for membership thereof, he shall be liable, on being sued by any citizen, in respect of each day on which he so sits or votes, to a penalty of five hundred rupees, to be recovered as a debt due to the Federation.

78.

Privileges of members, etc. (1) Subject to the provisions of this Constitution and to the rules of procedure of the National Assembly, there shall be freedom of speech in the Assembly, and no member of the Assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Assembly of any report, paper, votes or proceedings.

(2) In other respects, the privileges of member of the National Assembly shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, shall be such as were, immediately before the

commencing day, enjoyed by members of the National Assembly.

(3) Nothing in any existing law, and notwithstanding anything in the foregoing provisions of this Article, nothing in this Constitution shall be construed as conferring, or empowering the Federal Legislature to confer, on the National Assembly or any committee or officer of the Assembly, the status of a court, or any punitive or disciplinary powers other than the power to remove or exclude persons

infringing the rules or otherwise behaving in a disorderly manner.

(4) Provision may be made by Act of the Federal Legislature for the punishment, on conviction before a court, of persons who refuse to give evidence or produce documents before a committee of the National Assembly when duly required by the chairmen of the committee so to do:

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(5) The provisions of this Article shall apply to persons who have the right to speak in, and otherwise to take part in the proceedings, of the National Assembly or any committee thereof, as they apply to members of the Assembly.

79.

Salaries and allowances of members. The salaries and allowances of members of the National Assembly shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, shall be such as were admissible to members of the National Assembly immediately before the commencing day.

Legislative Procedure

80.

Provision as to pending Bills. (1)

(2) Bill pending in the National Assembly shall not lapse by reason of the

prorogation of the Assembly.

A Bill which is pending the National Assembly shall lapse on the dissolution of the Assembly,

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President’s assent to Bills. (1) When a Bill has been passed by the National Assembly, it shall be presented to the President, and the President shall declare either

that he assents to the Bill, or that he withholds assent there from:

Provided that the President may return the Bill to the Assembly with a message requesting that the Assembly will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message.

(2) When the President has declared that the he withholds assent from a Bill, the National Assembly shall be competent to reconsider the Bill, and if it is again passed, with or without amendment, by the Assembly, by a majority of votes of the members present and voting, it shall be again presented to the President, and

the President shall assent thereto:

(3) When the President has returned a Bill to the National Assembly, it shall be reconsidered by the Assembly, and if it is again passed, with or without amendment, by the Assembly, by such majority of votes as is required under clause (2) it shall be again presented to the President, and the President shall assent thereto.

Procedure in Financial Maters

82.

Federal Consolidated Fund and Public Account. (1) All revenues received and loans raised by the Federal Government, and all moneys received by the federal

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Government in repayment of any loan, shall form part one consolidated fund, to be known as the Federal Consolidated Fund.

(2) All other moneys received by or on behalf of the Federal Government shall be credited to the Public Account of the Federation.

(3) All moneys received by or deposited with the Supreme Court, or any other court established under the authority of the Federation, shall also be credited to the Public Account of the Federation.

83.

Custody, etc. of public moneys of Federal Government. (1) The custody of the Federal Consolidated Fund, the payment of moneys into, and the withdrawal of moneys from, that Fund, and the custody of other moneys received or deposited under clause (2) or clause (3) of the last preceding Article, their payment into the Public Account of the Federation, and the withdrawal of such moneys from such Account, and all matters connected with or ancillary to the aforesaid matters, shall be regulated by or under Act of the Federal Legislature, or until provision in that behalf

so made, by rules made by the President.

84.

Annual Budget Statement. (1) The President shall, in respect of every financial year, cause to be laid before the National Assembly, a statement of the estimated receipts and expenditure of the Federation for that year, hereafter in this Chapter referred to as the Annual Budget Statement.

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APPENDIX

AWAMI LEAGUE’S DRAFT PROCLAMATION

Dacca, the March, 1971

WHEREAS by the Proclamation of Martial Law made on the 25th March, 1969, all powers had been assumed by me, General Agha Muhammad Yahya Khan, H. Pk., H. j, as Chief Matial Law Administrator and Supreme Commander of the Armed Forces

of Pakistan, and thereupon I had assumed the office of the President of Pakistan;

AND WHEREAS with a view to transfer power to the elected representatives of the people, elections have been held;

AND WHEREAS it is necessary to transfer power to the representatives of the people, so elected, to create proper atmosphere in the country, conductive to the early framing of a Constitution for Pakistan;

AND WHEREAS it is expedient to withdraw the operation of Martial Law;

NOW, THEREFORE, I, General AGHA MUMAMMAD YAHYA KHAN, H. Pk., H. J., do hereby declare that Pakistan shall cease to be under Martial Law and Proclamation of 25th day of March, 1969 shall stand revoked in a Province with effect from the day on which the Provincial Governor takes his oath of office, and shall, the date of this Proclamation.

1. This Proclamation and Order made there under shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

2. In this Proclamation, unless there is anything repugnant in the subject or context------

(a) “the Centre” means the Republic;

(b) “the Central Government” means the executive Government of the Republic;

(c) “Centrally Administered Areas” means the territories described as such in the Province of West Pakistan (Dissolution) Order, 1970;

(d) “commencing day” means the day on which this Order comes into force;

(e) “interim period” means the period commencing from the commencing day and ending in the commencement of the Constitution to be framed by the National Assembly;

(f) “Islamabad Capital Territory” means the territory described as such in the

Province of West Pakistan (Dissolution) Order, 1970;

(g) “late Constitution” means the Constitution of the Islamic Republic of Pakistan, 1962;

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(h) “Martial Law” means the Martial Law imposed by the Proclamation of the 25th day of March, 1969;

(i) “Martial Law period” means the period beginning on the 25th day of March,

1969, and ending immediately before the commencing day;

(k) “National Assembly” means the National Assembly elected under the President’s Order No. 2 of 1970;

(l) “President” means the President of Pakistan;

(m) “the Republic” means the Islamic Republic of Pakistan;

(n) “Schedule” means the schedule to this Proclamation;

(o) “State of Bangla Desh” means the territory known by the name of Province of

East Pakistan immediately before the commencing day;

(p) “States of West Pakistan” means the respective territories known by the names of the Province of the Punjab, Sind, North-West Frontier Province and Baluchistan

immediately before the commencing day;

(q) “State Assembly” means the Assembly of a State;

(r) “State Government” means the executive Government of a

State;

(s) “State Legislature” means the legislature of a State;

(3) Upon the Proclamation of Martial Law made on the 25th day of March, 1969,

being revoked, the Martial Law Authority, including all Courts and persons deriving authority from or under the Proclamation, shall cease to exist and function.

4. (1) All Martial Law Regulation and Martial Law Orders and the Provisional Constitution Order are hereby repealed.

(2) All existing laws shall, subject to this Proclamation continue in force, so far as applicable and with necessary adaptation, until amended or repealed by the appropriate legislature.

(3) For the purpose of bringing the provisions of any existing law into accord with the provisions of this Proclamation in relation to laws in the Central legislative field, the President, and in relation to laws in the State legislative, field, the Governor of the State concerned, may, by Order, make such adaptation, whether by way of modification, addition or unless otherwise provided therein, take effect or be deemed to have taken effect on the commencing day.

(4) Any Court or tribunal or authority required or empowered to enforce any existing law shall, notwithstanding that no actual adaptation has been made in such law by an Order made under sub-paragraph (3), construe the law with such adaptations as are necessary to being it in accord with the provisions of this Proclamation.

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(5) In this Article, “existing law” means any Act, Ordinance, Order, rule, regulation, bye-law, notification or other legal instrument which, immediately before the commencing day, had the force of law in Pakistan or any part

of Pakistan or which had extra-territorial validity.

5. (1) Every case pending immediately before the commencing day before a Special Military Court or a Summary Military Court shall on the commencing day stand transferred to the Criminal Court which would have jurisdiction to try the offence constituted by the acts of that case, under the ordinarily law.

(2) A case transferred to a Criminal Court under sub-paragraph (1) shall be tried by it in accordance with the procedure applicable to the trial of such a case, under the ordinarily law.

(3) Every case which, having been decided and disposed of by a Special Military Court is, immediately before the commencing day, pending for confirmation, and every petition or application for review pending on such day, shall after the commencing day to be dealt with and disposed of by the Commander-in-Chief, Pakistan Army, if the case relates to any of the State of West Pakistan or the General Officer Commander, Eastern Command of the Pakistan Army, if the case relates to the State of Bangla Desh.

(4) Any person who deems himself aggrieved by the finding or sentence of a Martial Law Authority may, where no petition against such finding or sentence has been submitted, submit a petition against such findings or sentence to the Commander-in-Chief Pakistan Army, if the case relates to any of the State of West Pakistan or to the General Officer Commander, Eastern Command of the Pakistan Army, if the case relates to the State of Bangla Desh. On such a petition, the aforesaid authorities may, with or without any conditions, grant pardon or remit, reduce, commute or suspend any sentence.

(5) Subject to the provisions of this Proclamation, all sentences passed during the Martial Law period by a Martial Law Authority shall be deemed to have been lawfully passed and shall be carried into execution according to their tenor.

(6) Every sentence of imprisonment passed during the Martial Law period by a Martial Law Authority, which was not put into execution during the Martial Law period, may be put into execution under the warrant of the District Magistrate of the District in which the person under sentence may be found ; and every such sentence shall commence to run on the date on which the person under sentence is received into the prison to which he is committed by such warrant.

(7) Every sentence of fine passed during the Martial Law period by a Martial Law Authority, which was no carried out during the Martial Law period, may be carried out by the District Magistrate of the District in which the person under sentence resides as if it were a sentence of fine imposed by him under the Code of Criminal Procedure, 1898 (Act V of 1889), provided that the provisions of Chapter

XXIX of the aforesaid Code shall not apply to any such sentence.

(8) No court and, except as provided by this Proclamation no other authority shall call in question the validity, legality or propriety of anything done or

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any action or proceeding taken in connection with the administration of Martial Law by any Martial Law Authority or by any person on behalf of a Martial Law Authority during the Martial Law period.

(9) No court or other authority shall entertain any suit or any other proceedings whatsoever, against any Martial Law Authority or any person acting on behalf of Martial Law Authority, in respect of anything done, or purporting to have been done, in connection with the administration of Martial Law during the Martial Law period.

7. During the Interim period, notwithstanding the repeal of the Provisional Constitution Order (President’s Order n. 2 of 1969), Pakistan shall be governed as nearly as may be in accordance with the provisions of the late Constitution and modifications made by this Proclamation the Schedule.

8. As from the commencing day, the person holding office as President of Pakistan immediately before the commencing day shall continue to hold the office of President and the Commander-in-Chief, Pakistan and shall also be the Commander of the Armed Forces of Pakistan until a Head of the State by whatever name called, enters upon the office in accordance with a Constitution to be framed by the National Assembly of Pakistan.

9. (1) During the interim period.

(a) The President shall be the executive head of the State and shall, subject to the provisions of this Proclamation, exercise all powers and perform functions which the President is empowered by or under the late Constitution or by under any law for the time being in force. The President may appoint such number of advisers as deems fit to aid and advise the President in the exercise of his functions.

(b) The President shall exercise the powers of the Central Government, subject to the provision of this Proclamation.

(2) The President shall have no power to prorogue of dissolve the

National Assembly or any State Assembly.

(3) During the interim period, the President may make laws by promulgating Ordinance in respect of mattes within the legislative competence of the

Central Legislature.

10. (1) As from the commencing day, Provincial Assemblies elected under the President’s Order No. 2 of 1970 shall function as the Stage Assemblies.

(2) During the interim period a State Government and a State Legislature shall function in accordance with the provisions of this Proclamation.

11. (1) The Central Legislature shall have exclusive power to make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan with respect to any matter enumerated in the Schedule and shall have also the power to make laws for the whole or any part of a State of West Pakistan with

respect to any matter enumerated in Para 14 of the Proclamation.

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(2) The Central Legislature shall have power (but not exclusive power) to make laws for the Islamabad Capital Territory and the Dacca Capital Territory with respect to any matter not enumerated in the Third Schedule to the late

Constitution or paragraph 14 of this Proclamation.

12. The State Legislature of Banagla Desh shall have power to make laws for Bangla Desh or any part thereof with respect to any matter other than a matter enumerated in paragraph 14 of this Proclamation and a State Legislature of a State of West Pakistan shall have power to make laws for the State or any part thereof with respect to any matter other than a matter enumerated in the Third Schedule to the late

Constitution.

13. A Governor of a State shall be appointed by the President on the advice of the leader of the majority parliamentary party of the State and shall hold office during the

interim period.

14. (1) With respect to the State of Bangla Desh the Central Legislature shall have exclusive power to make laws only in relation to the following

matters:

(a) Defence of Pakistan ;

(b) Foreign Affairs, excluding Foreign Trade and Aid.

(c) Citizenship, naturalization and aliens, including admission of persons into and departure of persons from Pakistan.

(d) Currency, coinage, legal tender and the State Bank of Pakistan subject to paragraph 16 of the Proclamation.

(e) Public Debt of the Centre.

(f) Standards and weights and measures.

(g) Property of the Centre, wherever situated and the revenue from such property.

(h) Coordination of international and inter-wing communication.

(i) Elections to the office of President, to the National Assembly and to the Provincial Assemblies, the Chief Election Commissioner and Election Commissioners, remuneration of the Speaker, Deputy Speakers and other members of the National Assembly ; powers, privileges and immunities of the National Assembly.

(j) Supreme Court of Pakistan.

(k) The service and execution outside a Province or a State of processes and judgments, etc.

(l) Offences against laws with respect to any of the matters enumerated above.

(2) With respect to the States of West Pakistan, the Central Legislature shall have exclusive power to make laws in relation to matters as specified

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in the Third Schedule to the late Constitution but this provision shall be subject to variation in accordance with such agreement as may be reached in this behalf among the members of West Pakistan Constituent Convention to be set up in compliance

with this Proclamation.

15. (1) All duties and taxes which were prior to the commencing day levied and collected within the State of Bangla Desh by or under the authority of the Central Legislature shall be collected by the Government of Bangla Desh and after adjustment against all Central Government financial allocations to and direct expenditure in the State of Bangla Desh as provided in the Central Budget of 1970, the residue remaining shall be made over by the Government of Gangla Desh to the Central Government ; if upon such adjustment, the Central Government shall make over such amount to the Government of Bangla Desh.

(2) All foreign exchange earnings of the State of Bangla Desh shall be maintained in a separate account under the control of and be disbursed by the Reserve Bank of Bangla Desh.

(3) The President shall after consultation with the Government of Bangla Desh make provision on the basis of which the Government of Bangla Desh shall contribute towards the foreign exchange requirements of the Central Government for the remaining portion of the budgetary year 1070-71.

16. (1) The State Bank of Pakistan Dacca shall be re-designated as the Reserve Bank of Bangle Desh, and all branches of the State Bank of Pakistan in Bangla Desh shall become branches of the Reserve Bank of Bangla Desh.

(2) The Reserve Bank of Bangla Desh and its branches shall be under the legislative control of the State Legislature of Bangla Desh.

(3) The Reserve Bank of Bangla Desh shall, subject to the powers enumerated in Clause (4) which shall continue to be exercised by the State Bank of Pakistan, exercise in respect of the State of Bangla Desh all powers, functions and duties which the State Bank of Pakistan had immediately before the commencing day exercised in respect of the whole of Pakistan.

(4) The State Bank of Pakistan shall in respect of the State of

Bangla Desh exercise the following powers:

(i) Recommend the external exchange rate of the rupee to the Central Government ;

(ii) Issue currency notes and mint coins at the request of the Reserve Bank of Bangla Desh against assets as provided by the said Reserve Bank for circulation within the State of Bangla Desh;

(iii) Maintain and regulate mints and security presses;

(iv) Perform in relation to international financial institutions such functions as are in the usual course performed by the State Bank of Pakistan, provided that such functions shall be performed in accordance with directions of the Reserve Bank of Bangla Desh

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17. (1) On the 9th Day of April, 1971.

(a) the members of the National Assembly elected from the State of Bangla Desh shall sit as a Constituent Convention at the Assembly Hall at Dacca at 4;00 p.m. and proceed to from the date of such sitting;

(b) the members of the National Assembly elected from the State of West Pakistan shall sit as a Constituent Convention on the 9

th April, 1971, at the State Bank

Building at Islamabad at 4:00 p.m. and proceed to frame a Constitution for the States of West Pakistan within a period of 45 days from the date of such sitting.

(2) Each Constituent Convention shall elect a Chairman, who shall decide the date and time for meeting and the procedure for the conduct of sessions of the Convention except that all decisions shall be taken by a simple majority of votes including the election of Chairman.

(3) After the Constitutions of the State of Bangla Desh and Stats of West Pakistan have been framed under sub-paragraph (1) and when the President is notified in writing by the respective Chairman that the Constitutions have been framed under sub-paragraph (1), the President shall common a meeting of the National Assembly, at which all the members shall sit together as a sovereign body for the purpose of framing a constitution for the Confederation of Pakistan.

(4) The procedure to be followed for making the Constitution for the whole of Pakistan under sub-paragraph (3) shall be as laid down in the President’s Order No. 2 of 1970, subject to the amendments made to the said Order by this

Proclamation.

(5) The members of the National Assembly shall be deemed to have complied with the provisions of Article 12 of the President’s Order No. 2 of 1970 by taking before the Chief Election Commissioner or person designated by him for this purpose, an oath or making an affirmation at the first meeting of the appropriate Constituent Convention in the following form, namely:

“I, A, B, do solemnly swear/affirm that I will be faithful and bear true allegiance to the Constitution of Pakistan as by law established”.

(6) Upon swearing eh oath or making the affirmation prescribed in sub-paragraph (5) of this paragraph a member of the National Assembly shall be entitled to all the rights, privileges, emoluments, etc. to which a member of the National Assembly is entitled in law.

(7) For Article 25 of the President’s Order No. 2 of 1970, the following shall be substituted:

“25. The Constitution Bill, as passed by the National Assembly, shall be presented to the President for authentication. The President shall upon presentation to him of the Constitution Bill authenticate, it, and in any event upon the expiry of seven days from the date of such presentation shall be deemed to have authenticated it”.

18. (1) The President may, by Order, make such provisions as may appear to him to be necessary or expedient for brings the provisions of his Proclamation into effective operation.

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(2) In particular, and without prejudice to the generality of the foregoing power, provision may be made for:

(a) making new administrative or other arrangements to give effect to the new constitutional arrangements brought into existence by this Proclamation;

(b) apportioning powers, rights, property, duties and liabilities between the Central and State Governments as shall be required for giving effect to the new constitutional arrangements brought into existence by this Proclamation;

(c) succession to, and transfer of, rights, properties and liabilities of the Central

Government and apportionment of such rights between the States;

(d) appointment and transfer of officers and other authorities for the purpose of any of the States and their powers and functions, and allocation of members of any service in connection with the affaires of States and the Constitution of Services for the States and the Centre;

(e) the removal of any difficulty in relation to the transition from the

constitutional position obtaining by this Proclamation.

(3) The President shall constitute an implementation Council, consisting of eleven members, six to be nominated by the Government of Bangla Desh, two by Government of the Punjab, and one each by the Governments of Sind, N.W.F.P. and Baluchistan, for the purpose of taking effective measures towards implementation of the matters referred to in sub-paragraph (2) and to do all other things necessary for bringing this Proclamation into effective operation.

SCHEDULE

1. For Article 67 of the late Constitution, the following shall be substituted,

namely:

“67. A person shall not be appointed as a Governor of a State unless he is qualified to be elected as a member of the National Assembly”.

2. For Article 68 of the late Constitution, the following shall be substituted, namely:

“68. Before the enters upon his office, the Governor of the State of Bangla Desh shall make before the Chief Justice of the High Court of Bangla Desh, and the Governor of each of the States in West Pakistan shall make before the Chief Justice of the High Court of the State concerned, an oath in such form set out in the First Schedule as is

applicable to his office”.

3. For Article 70 of the late Constitution, the following shall be substituted, namely:

“70. There shall be a legislature for the State of Bangla Desh, to be known as the Stage Legislature of Bangla Desh and a Legislature for each of the States of the Punjab, North-West Frontier Provinces, Sind and Baluchistan, to be known as the

State Legislature of the respective States”.

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4. For Article 80 of the late Constitution, the following shall be substituted, namely:

“80 (1) The State Governments shall consist of a Cabinet of Ministers with the Chief Minister at its head, and Deputy Ministers, all of whom shall be appointed in the manner provided in this Article.

(2) The Executive authority of a State shall, subject to the provisions of the Constitution, be exercised by or under the authority of the State Government. Such authority shall be exercised, in accordance with the Constitution and the law, either directly or by officers subordinate to the Government concerned.

(3) A State Cabinet shall be collectively responsible to the State Legislature.

(4) (a) The Governor shall appoint as Chief Minister a member of the State Legislature, who commands the confidence of the majority of the members of the State Legislature.

(b) Whenever a Chief Minister is appointed, the State Legislature, if at the time of the appointment, it is not sitting and does not stand dissolved, shall be summoned so as to meet within two months thereafter.

(5) A Governor shall appoint other Ministers and Deputy Ministers on the advice

of the Chief Minister.

(6) A Minister who for any period of six consecutive months is not a member of State Legislature shall at the expiration of that period, cease to be a Minister or Deputy Minister and shall not before the dissolution of the State Legislature be again appointed a Minister unless he is elected a member of the appropriate State Legislature.

(7) Nothing in this Article shall be construed as disqualifying the members of the Cabinet and Deputy Ministers from continuing in office during any period during which the State Legislature stands dissolved, or as preventing the appointment of any

person as Chief Minister or Minister or Deputy Minister, during any such period.

(8) For avoidance of doubt, it is expressly declared that the Governor, in exercise of his functions, shall act in accordance with the advice of the State Chief Minister.

(9) A Chief Minister may resign from office at any time by placing his resignation in the hands of the Governor

(10) Any other Minister or Deputy Minister may resign from office by placing his

resignation in the hands of the Chief Minister for submission to the Governor.

(11) The Governor shall accept the resignation of a Minister, other than the Chief Minister, if so advised by the Chief Minister.

(12) A Chief Minister may, at any time, for reasons which to him appear sufficient, request a Minister or Deputy Minister to resign ; should the Minister concerned fail to comply with the request, his appointment shall be terminated by the Governor if the

Chief Minister so advises.

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(13) A Chief Minister shall resign from office upon his ceasing to retain the support of a majority of the members of the appropriate State Legislature unless on his advice the Governor dissolves such legislature.

(14) If a Chief Minister at any time resigns from office the other Ministers and Deputy Ministers shall be deemed to have resigned from office, but eh Chief Minister other Ministers, and Deputy Ministers will continue to carry on their duties until their

successors shall have been appointed.

(15) The Chief Ministers, other Ministers and Deputy Ministers in office on the date of dissolution of the Legislature shall continue in office until their successors

shall have been appointed”.

5. For Article 81 of the late Constitution the following shall be substituted namely:

“ 81. (1) All executive actions of a state Government shall be expressed to be taken in the name of the Governor.

(2) The State Government shall by rules specify the manner in which orders and other instruments made and executed in the name of the Governor shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the Governor.

(3) The State Government shall also made rules for the allocation and transaction of its business”.

6. Articles 82 and 84 of the late Constitution shall be deleted.

7. For Articles 86 to 90 of the late Constitution, the following shall be

substituted, namely:

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the borrowing of money, or the giving of any guarantee, by the State Government, or the amendment of the law relating to the financial obligations of that Government;

(c) the custody of the State Consolidated Fund, the payment of moneys into, or the issue or appropriations of moneys from, such Fund;

(d) the imposition of a charge upon the State Consolidated Fund, or the abolition or alteration of any such charge;

(e) the receipt of moneys on account of the State Consolidated Fund; or the Public

Account of the State or the custody or issue of such moneys ; and

(f) any matter incidental to any of the matters specified in the aforesaid sub-clauses.

(2) A Bill shall not be deemed to be a Money Bill by reason only that

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(a) it provides for the imposition or alteration of any fine or other pecuniary penalty, or for the demand or payment of a license fee, or a fee or charge for any service rendered ; or

(b) it provides for the imposition abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) Every Money Bill, when it is presented to the Governor for his assent, shall bear a certificate under the hand of the Speaker that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be questioned in any Court.

“87. No Bill or amendment which makes provision for any of the matters specified in clause (1) of Article 86, or which if enacted and brought into operation would involve expenditure from the revenues of the State, shall be introduced or

moved in a State Legislature except on the recommendation of the State Government.

“88. No tax shall be levied for the purposes of a State except by or under the authority of an Act of the State Legislature.

“89. (1) All revenues received by a State Government, all loans raised by it in repayment of any loan, shall form part of one consolidated fund, to be known as State Consolidated Fund.

“90.(1) The custody of the State Consolidated Fund, the payment of moneys into such Fund, the withdrawal of moneys there from, the custody of public moneys other than those credited to such Fund received by or on behalf of the State Government, their payment into the Public Account of the State and the withdrawal of moneys from such Account, and all matters connected with or ancillary to matters aforesaid, shall be regulated by Act of the State Legislature, as the case may be, and,

until provision in that behalf is so made, by rules made by the Governor.

(2) All moneys received by or deposited with:

(a) any officer employed in connection with affaires of a State in his capacity as such, other than revenues or public moneys raised or received by the State Government;

(b) any court fee to the credit of any cause, matter account or person in connection with the affaires of the State; shall be paid into the public Account of the State as the case may be.

41. The following new Articles to be numbered 90-A to 90-Fshall be added immediately after Article 90 of the late Constitution, namely,

“90-A (1) The State Government shall, in respect of every financial year, cause to be laid before the State Legislature, as the case may be, a statement of the estimated receipts and expenditure of the State Government for that year, in this Part referred to as the Annual Financial Statement.

(2) The annual Financial Statement shall show separately-----

(a) the sums required to meet expenditure described by the Constitution as expenditure charged upon the State Consolidated Fund; and

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(b) the sums required to meet other expenditure proposed to be made from the State Consolidated Fund; and shall distinguish expenditure on revenue account from other expenditure.

“90-B. The following expenditures shall be charged on the State Consolidated Fund, as the case may be:

(a) the remuneration payable to the Governor and other expenditure relating to his Office, and the remuneration payable to

(i) the Judges of the High Court;

(ii) the members of the State Public Service Commission;

(iii) the Speaker and Deputy Speaker of the State Legislature;

(b) the administrative expenses, including the remuneration payable to officers and servants of the High Court, the State Public Service Commission, and the Secretariat of the State Legislature;

(c) all debt charges for which the State Government is liable, including interest, sinking fund charges, the repayment or amortization of capital and other expenditure in connection with the raising of loans and the service and redemption of debt on the security of the State Consolidated Fund;

(d) any sums required to satisfy any Judgment, decree or award against the State by any court, or tribunal; and

(e) any other sums declared by the Constitution or by an Act of the State Legislature to be so charge.

“90-C (1) So much of the Annual Financial Statement as relates to expenditure charged upon the State Consolidated Fund may be discussed in but shall not be submitted to the vote of the State Legislature.

(2) So much of the Annual Financial Statement as relates to other expenditure shall be submitted to the State Legislature as the case may be in the form of demands for grants, and the Legislature shall have power to assent to any demand subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the State Government.

“900 D. (1) As soon as may be after the grants under the last preceding Article have been made by the State Legislature, there shall be introduced in the Legislature a Bill to provide for appropriation out of the State Consolidated Fund, as the case may be, of all moneys required to meet---

(a) the grants so made by the State Legislature ;and

(b) the expenditure charged on the State Consolidated Fund,

But not exceeding in any case the amount shown in the statement previously laid before the State Legislature.

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(2) No amendment shall be proposed in the State Legislature to any such Bill which shall have the effect of varying the amount or altering the destination of any grant so made.

(3) Subject to the provisions of the Constitution no money shall be withdrawn form the State Consolidated Fund except under appropriation made by law passed in accordance with the provisions of this Article.

“90-E. If in respect of any financial year it is found

(a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Financial Statement for that year, or

(b) that any money has been spent on any service during a financial year in excess

of the amount granted for that service for that year;

The State Government shall have power to authorize expenditure from the State Consolidated Fund whether the expenditure is charged by the Constitution upon that Fund or not shall cause to be laid before the State Legislature a Supplementary Financial Statement setting out the amount of that expenditure, and the provisions of Article 90-A to 90-D shall apply to the aforesaid statements as they apply to the Annual Financial Statement.

“90-F. (1) Not withstanding anything in the foregoing provisions of this Chapter, a State Legislature shall have power-----

(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in Article 90-C for the voting of such grant and the passing of the law in accordance with the provisions of Article 90-D in relation to that expenditure;

(b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be specified with the details ordinarily given in an Annual Financial Statement.

(c) to make an exceptional grant which forms no part of the current service of any financial year and the State Legislature, as the case may be shall have power to authorize by law the withdrawal of moneys from the State Consolidated Fund for the purpose for which the said grants are made.

(2) The provisions of Articles 90-C and 90-D shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that Clause as they have effect in relation to the making of a grant with regard to any expenditure, mentioned in the Annual Financial Statement and law to be mad for the authorization of appropriation of money out of the State. Consolidated Fund to meet such expenditure”.

8. (1) For clause 1 of Article 91, the following shall be substituted,

namely:

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“91. There shall be a High Court of the State of Bangla Desh, and a High Court of each of the States of West Pakistan.

9. (1) In clause 2 of Article 92 of the Constitution, sub-clause (b) shall be deleted.

(2) Sub-clause © of clause 2 shall be re-numbered as sub-clause (b) shall be deleted.

(3) Clause 3 of Article 92 of the Constitution shall be deleted.

10. Articles 99, 103, 104, 105, 107, 108, 112, 113, 114, and clause 2 of Article

131 of the late Constitution shall be deleted.

11. For Article 134 of the late Constitution, the following shall be substituted, namely:

“134. Any enactment made by a Legislature in respect of a matter which is not within its law-making power shall be void”.

12. Article 137 of the late Constitution shall be deleted.

13. For Article 138 of the Constitution, the following shall be substituted, namely:

“138. It shall be a constitutional obligation of the Central Government to ensure representation on the basis of population in all federal services within the shortest possible time”.

14. For Article 140 of the Constitution the following shall be substituted, namely:

“140. The executive authority of a State extends to borrowing upon the security of a State Consolidated Fund within such limits, if any, as may be determined by Act of the State Legislature and to the giving of guarantees within such limits, if any, as may be so determined”.

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APPENDIX IX

PARTY POSITION 1970 ELECTIONS

Seats and percentage of total vote polled

Party Punjab Sind NWFP Baluchistan West East Total

Awami League 0 (0.07%) 0 (.7%) 0 (0.2%) 0 (1.0%) 0 160 (74.9%)

160 (38.3%)

Pakistan Peoples Party 62 (41.6%)

18 (44.9%)

1 (14.2%)

0 (2.3%) 81 0 81.(19.5%)

PML (Q) 1 (5.4%) 1 (10.7%) 7 (22.6%)

0 (10.9%) 9 0 (1.0%) 9 (4.5%)

PML Conventoin 7 (5.1%) 0 (1.7%) 0 0 7 0 (2.8%) 7 (3.3%)

Jamiat e Ulema Islam 0 (5.2%) 0 (4.3%) 6 (25.4%)

1 (20.0%) 7 0 (0.9%) 7 (4.0%)

Markazi Jamiat Ulema

Pakistan

4 (9.8%) 3 (7.4%) 0 (0%) 0 7 0 7 (4.0%)

National Awami Party (Wali)

0 0 (0.3%) 3 (18.4%)

3 (45.1%) 6 0 (1.8%) 6 (2.3%)

Jamaat e Islami 1 (4.7%) 2 (10.3%) 1 (7.2%) 0 (1.1%) 4 0 (6.0%) 4 (6.0%)

PML (Council) 2(12.6%) 0 (6.8%) 0 (4.0%) 0 (10.9%) 2 0 (6.0%) 2 (6.0%)

PDP 0 (2.2%) 0 (0.4%) 0 (0.3%) 0 (0.3%) 0 1 (2.2%) 1 (2.9%)

Independent 5 (11.8%) 3 (10.7%) 7 (6.0%) 0 (6.8%) 15 1 (3.4%) 16 (7.1%)

Total Seats 82 27 25 4 138 162 300

Provincial Party Position 1970 Elections

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Seats and percentage of total vote polled

Party Punjab Sind NWFP Baluchistan West

Pakistan

East

Pakistan Total

Awami League 0 0 0 0 0 288 288

Pakistan Peoples Party 113 28 3 0 144 0 8

PML (Qayyum) 6 5 10 3 24 0 24

PML Conventoin 15 4 1 0 21 1 22

JUI 2 0 4 2 8 0 8

MJUP 4 7 0 0 11 0 11

NAP (W) 0 0 13 8 21 1 22

Jamaat e Islami 1 1 1 0 3 1 4

PML (Council) 6 0 2 0 8 0 8

PDP 4 0 0 0 4 2 6

Others 1 1 0 2 4 1 5

Ind 28 14 6 5 53 7 60

Total Seats 180 60 40 20 300 300 600

The Awami League emerged as the single largest partying the National Assembly by winning 160 seats in the National Assembly. It won 288 of the 300 East Pakistan Assembly seats. However, the party won no seats in the four Provincial Assemblies of West Pakistan. The Pakistan Peoples Party won 81 of 138 West Pakistan seats in the National Assembly. The Party also performed well in the Provincial Assembly polls of the Punjab and Sindh Assemblies.

In these elections, the so-called “rightist” parties were said to be completely routed, perhaps because of the division of votes among several candidates on almost every seat: the Qayyum Muslim League, Council Muslim League, Convention Muslim League Jamiyat-i-Ulema-i-Islam, Jamiyat-i-Ulema-i-Pakistan and Jamaat-i-Islam combined only 37 National Assembly seats. The National Awami Party and Jamiyat-iUlema-i-Islam emerged as the prominent parties in the N. W.F.P and Baluchistan Assemblies.

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APPENDIX X and XI

B. LET THE PEOPLE DECIDE

Excerpts from English, rendering of Gen. Mohammad Zia-ul-Haq’s speech, on the

Radio Television, July 27, 1977.

“God has been kind and I bow may head in gratitude to Him for helping us in restoring peace and tranquility in the land and saving the country from disintegration and destruction. The credit for this does not go to an individual or a class but to the whole nation, because without the co-operation of the people, the Armed Forces could not have achieved these results”.

“Among the important political events that have taken place since July 5 is my meeting with the political leaders in Murree. I discussed with them the existing political situation as well as the future probramme of action. Let me dilate on some of

the points that I raised during these talks. These were:---------

“(a) All parties in their programmes and manifestos should give first priority to national unity and Pakistan’s integrity and should not encourage regional feelings and

prejudices.

“(b) Political parties should work for establishing an Islamic order because this country has been created into eh name of Islam and can survive only by holding fast

to Islam.

“(c ) The 1973 Constitution has not been abrogated. It is still intact. The next elections will be held under that very 1973 Constitution. Whatever the quantum of provincial autonomy provided for within the framework of a strong Federal centre by the Constitution shall not be whittled away.

“(d) In Baluchistan, the Armed Forces and our Local brethren shall work together and in harmony to create an atmosphere which is conducive to the holding of fair and free elections.

“Apart from the above points the necessary rules for the elections and a code for political parties came up of discussion. Since at that time these election rules were being drawn up, only a few salient features could be touched upon. I might also mention in passing that I emphasized upon the political leaders that the time had come

when politics should be conducted with greater dignity and maturity.

A section has expressed the view that, notwithstanding their declared intentions, the leadership of the Armed Forces would not succeed in restoring democracy in the country. Such views can create doubts, anxiety and confusion. The world shall withness this great nation electing its representatives in free and fair elections which will lead to the establishment of a national Government to which the Armed Forces of Pakistan shall hand over power that they now hold in trust.

“The exercise of the franchise is a crucial matter and deserves honest and sincere thought. I do not wish to give any detailed analysis of my own because it can create a wrong impression. Nevertheless, I must request all political leaders to keep this in mind that the representatives that emerge from these elections should be such as are imbued with the spirit of service to Pakistan ---men, who are not governed by

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agreed or avarice, who do not fight the elections to satisfy their lust for power but who sincerely Endeavour for the progress of the nation.

“In so far as my personal view about the restoration of democracy is concerned, I believe that democracy has not been given a chance to flourish in this country during the last 30 years. True, there has been much talk of democracy, but no positive measures were taken to help take root. In the developing countries ‘suppressive democracy’ has never flourished. Despite this, I firmly believe that the tender plant of democracy shall no only take root in our country but would eventually become a full tree.

Indeed, there are two categories of people who can give this belief practical shape. They are the voters and political leaders. If they mean well and are not carried away by bitterness and rancour, God Almighty will help us achieve our cherished goal. I appeal in the name of God to political leaders to keep the interest of the country and the nation above all else. Similarly, I must urge upon the voters that they should consider the vote a sacred trust of the nation and should only vote for one who is a true Pakistani and Momin. They should remember that they are answerable both

to God and to the nation in how they use their votes.

“As a Pakistan and as a Musalman, I invite you to think, ponder over the fact whether by our actions we are on the path of those on whom Allah showers His blessings or whether we are inviting His displeasure and wrath. If the Almighty’s blessings are with us, let us thank Him. But it not we should pray to the Almighty for forgiveness for our trespasses and for strength to take to the right path. As far as my personal opinion is concerned, I have already said we can reach our goal if we hold fast to the tenets of Islam. Our nation is endowed with many qualities and it is my faith that, apart from God’s blessings, it is blessed by the prayers of many devoted servants of God. Whenever this nation has done away with its differences and stood united, it has always succeeded in achieving its goal.

“In the coming weeks what a leader or a party does is not so important as the attitude of the people. I believe that the fate of the nation is neither in the hands of a few individuals running the Government nor in those of the politicians. It is the people who will decide and determine the destiny of the nation. If they want, they can change their own and their country’s destiny; but if they want otherwise they can

plunge it into anarchy again”.

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APPENDIX XII

From the Supreme Court’s Judgment on Begum Nusrat Bhutto’s

challenging the detention of Zulfiar Ali Bhutto and others under Martial Law

Order 12 of 1977:

Excerpts relating to the circumstances that led to the proclamation of Martial Law

on July 5, 1977.

“The stage has now been reached for a somewhat detailed examination of the circumstances culminating in the imposition of Martial Law on the 5th of July 1977. A brief mention thereof already been made in the earlier part of this judgment while summarizing the contentions raised by Messrs. A. K. Brohi and Sharifudding Pirzada. It may be stated that many of the averments made in this behalf in the written statement filed by Mr. A. K. Brohi have been strenuously controverter by the detents who have filed written rejoinders and also appeared in person before the Court. Mr. A. K. Brohi has field a rejoinder in reply to these statements of the detenus, and Mr. Zulfikar Ali Bhutto has filed a further written statement in response thereto. An affidavit of General (Rtd.) Tikka Khan, a former Chief of Staff of the Pakistan Army and Minister of State in Mr. Bhutto’s Government, has also been pleased on the record in refutation of certain actions attributed to him in the respondent’s written statement. While taking note of all these statements and counter-statements, I think that in the present proceedings the Court is not called upon to record a judicial finding as to the factual correctness or otherwise of the several allegations and counter-allegations mad by the parties against each other. The Court is primarily concerned with ascertaining the broad trends and circumstances which culminated in the overthrow of the Government of Mr. Z. A. Bhutto. For this purpose, we must take judicial notice of various events which happened in the country during the period commencing from the 7th of March 1977 on which date the general elections to the National Assembly of Pakistan were held, resulting in an overwhelming majority for the Pakistan People’s Party led by Mr. Z. A. Bhutto. Ample material appears to be available on the record of this Court to enable us to arrive at the necessary conclusions.

“The National Assembly of Pakistan, consisting of members elected from the four Provinces of Wes-Pakistan in 1971, was dissolved in January this year by the President of Pakistan, acting on the advice of the then Prime Minister Mr. Z. A. Bhutto; similar action was taken by the Governors of the four Provinces in respect of the Provincial Assemblies in the Punjab, Sind, N.W.F.P. and Baluchistan. Fresh elections were ordered to be held to all these legislative bodies within 90 days of the date of dissolution as required by Clause (2) of Article 224 of the 1973 Constitution. An intensive political campaign was launched by the Pakistan People’s Party, and the Pakistan National Alliance, a combination of nine Opposition parties, headed by Maulana Mufti Mahmood. Most political observers, including the top leadership of the Pakistan People’s Party, expressed the view that the elections were going to be hotly contested between the two major parties, although Mr. Z. A. Bhutto and other leaders of his party expressed the confidence that they would get a comfortable majority at the Centre and in all the four Provinces so as to be able to form the Federal and the Provincial Governments. However, when the result of the polling to the National Assembly seats were announced by the evening of 7th of March 1977, the People’s Party was found to have obtained 155 seats out of the total of 200 seats of

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the National Assembly, including a large number of these seats, particularly in the Punjab, where its success was, to say least, very doubtful.

“The Pakistan National Alliance refused to accept the results, and alleged massive rigging of the elections by Government officials under the directions of Mr. Z. A. Bhutto. They also decided to boycott the polling to the Provincial Assemblies which was to be held three days later. The Pakistan National Alliance called for a country-wide protest movement against the rigging of elections in contravention of the constitutional mandate. The agitation gained rapid momentum and spread to all parts of the country. The main demands of the Opposition were resignation of the Prime Minister, resignation of the then Chief Election Commissioner and fresh elections to the National and Provincial Assemblies. As the demands were not conceded, the agitation continued and soon assumed a violent form resulting in widespread disturbances, which continued to grow in magnitude. It soon became apparent that they were beyond the control of the civil armed forces, with the result that the army had to be called out in many places. On the 21st of April 1977, the Federal Government of Mr. Z. A. Bhutto issued a direction under Article 245 of the Constitution calling the armed forces to act in aid of civil power in Karachi, Lahore and Hyderabad towns. Troops were also called out in aid of civil power by the local executive authorities in many other towns under the provisions of the Code of Criminal Procedure.

“The agitation, however, continued unabated, resulting in extensive damage to public and private property and heavy loss of life, details of which will be given presently. Protest marches continued in defiance of the orders made by the local Martial Law Administrators, and many instances of ridiculing army personnel were reported from various towns. The top leadership of the Pakistan National Alliance, and a large number of their followers, were arrested throughout the country, and their trial by military courts was also authorized. As these repressive measures did not appear to produce the desired results, Mr. Z. A. Ghutto announced in May 1977 that as he could not sacrifice the National Assembly on the demand of the Opposition, he would offer himself for a referendum as to whether he should continue as the Prime Minister of the country or not, and for that purpose the Seventh Amendment to the Constitution was passed by the National Assembly on the 12th of May 1977. however the Opposition rejected this device and the agitation continued.

“In these circumstances Mr. Bhutto agreed in principle to hold fresh elections to the National Assembly and offered to enter into a dialogue with the leaders of the Pakistan National Alliance. The talks commenced on 3rd of June 1977 on which date a joint appeal was made by Mr. Z. A. Bhutto and the leaders of Opposition for calling off the strike during the continuance of the talks. As result of this joint appeal, the protest movement was temporarily called off. The direction issued by the Federal Government under Article 245 of the Constitution was also withdrawn, and the troops were gradually pulled out from the riot-torn areas.

“The talks continued until about the 15th or 16th June 1977, when it was announced that an accord had been reached between the parties, and that same would now be reduced into writing. The Prime Minister then left for a short tour of some friendly countries, but during his absence the task of drafting the accord could not make much progress. Fresh efforts were made to break the deadlock, and a night-long session between the two negotiating teams was held on the 2nd of July 1977. It was

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announced that full accord had been reached and the formal agreement would soon by signed by both the parties after it had been formally ratified by the General Council of the Pakistan National Alliance. Unfortunately, differences again arose, and at a press conference convened by the Prime Minister later on the 4

th of July 1977, it was

announced that fresh talks will be held between Mr. Abdul Hafeez Prizada of the Pakistan People’s Party and Professor Ghafoor Ahmed of the Pakistan National Alliance to iron out these difference. The Prime Minister, however, announced that this party would also raise 10 or 12 other issues as was being done by the National Alliance. It appears that the take-over by the military authorities was carried out in the early hours of the 5th of July 1977, soon after this announcement by the Prime

Minister.

“The allegation that there was massive rigging of the elections under the directions of Mr. Z.A. Bhutto has been strenuously denied by Mr. Z. A. Ghutto himself and by Mr. Yahya Bakhtiar on behalf of Pakistan People’s Party. However, the important point for our present purpose is not whether in fact there was massive rigging of the elections or not, but that the people all over Pakistan protested that there had been massive rigging by the Government functionaries. In addition, we have before us material in the form of certain actions taken on his behalf by the Government and the Chief Election Commissioner.

“In the first place, there is the fact that the results of the elections were not announced by the Chief Election Commissioner until March 21, 1977, which was the last date permitted for this purpose by Clause (2) of Article 224 of the Constitution, and he did so only when he had been given summary powers by the Federal Government, by means of amending Ordinance XV of 1977, to examine the validity of individual elections and to them aside by reason of any illegality or corrupt practice which may have vitiated the result. He took up 26 cases for investigation under these summary powers and set aside the results of six constituencies, unseating important members belonging to the Pakistan People’s party. Showcase notices had been issued by the Chief Election Commissioner to at least two other important members of the party, namely, the former Attorney-General, Mr. Yahya Bakhtiar and the Federal Law Minister, Malik Mohammad Akhter, when the summary powers previously conferred on the Chief Election Commissioner were suddenly withdrawn by the President on May 12, 1977 under Clause (2) (B) of Article 89 of the

Constitution.

“Mr. Yahya Bakhtiar submits that he was not afraid of facing scrutiny by the Chief Election Commissioner, and that the withdrawal of the summary power had nothing to do with the pendency of his case. That may or may not be so, as the relevant fact our present purpose is that the powers in question were suddenly withdrawn, thus giving the impression that the withdrawal was intended to protect certain important members of the Pakistan People’s Party from being unseated. In the present proceedings we have merely taken judicial notice of the events which generated discontent against Mr. Z. A. Bhutto’s Government and are not called upon to record a judicial finding as to whether the dissatisfaction was in fact justified or not. A further fact to be noticed in this behalf is that the Chief Elections Commissioner had called for the files of 25 other constituencies when the powers were withdrawn.

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“Four orders passed by the Elections Commission in the exercise of the summary powers mentioned above have been placed on the record. They make very instructive reading. It may be stated that at the relevant time the Elections Commission was headed by a retired Judge of Supreme Court of Pakistan, Mr. Justice Sajjad Ahmed Jan, as the Chief Elections Commissioner, and had two members drawn from the serving Judges of the High Courts, namely, Mr. Justice Sajad Saood Jan of the Lahore High Court Mr. Justice Abdul Hafeez Memon from the Sind High Cour.

“The first case with the election of a former Federal Minister, Mr. Hafeezullah Cheema, to the National Assembly from constituency No. NATIONAL-57, Sargodha-5. On page 176 of the reported judgment, PLD 1977 Journal 164, the Election Commission has recorded the following conclusions:--

‘We do not think it necessary to make any comment on the patent facts disclosed

from disclosed from our scrutiny of the record and the evidence mentioned above,

as they speak for themselves. The only possible conclusion which can be drawn

from them is that the polls were rigged in the polling stations mentioned above and

the election was thus reduced to a farce. The several telegraphic complaints sent by

Mr. Zafarullah Khan on the day of the poll have been proved to be substantially

correct. The event clearly reveal a preplanned design to subvert the clectoral

procedure and to secure a victory for Mr. Hafeez Ullah Cheema at all costs by

resort to the foulest possible means. As stated above, no polling took place at some

of the polling stations and yet the results were manipulated for these polling

stations giving to Mr. Cheema a landslide victory. It is painful to observe that Mr.

Cheema in his position as the Federal Minister of the Central Government should

have resorted to such foul methods, throwing to the winds all norms of decency and

democratic behaviour in his blind desire to win the seat for himself anyhow, totally

unmindful of the consequences. He and his henchmen indulged in violence and

intimidation with reckless bravado to achieve their nefarious designs’.

‘In the second case, reported as PLD 1977 Journal, relating to the election of Mr. Amir Abdullah Khan, a nominee of the Pakistan People’s Party from National Assembly constituency No. NATIONAL-61, Mianwali-II, the Election Commission has observed, on page 187 of the report, that :---

‘The events, as disclosed by the evidence mentioned above, speak for themselves. The

election in this constituency was a mockery and a shame. The sanctity of the ballot

paper was destroyed by the foulest methods, regardless of consequences. In the

circumstance, we have no hesitation in declaring, as already stated in our short order

dated April 20, 1977, that the polls in this constituency are vitiated by grave

illegalities and are, therefore, null and void and that fresh election will be held in this

constituency as required by Section 108 of the Representation of the People Act,

1976’.

“In the third case, reported as PLD 1977 Journal 190, relating to the election of Mr. Ghulam Nabi Chaudhry, a nomiee of the Pakistan People’s Party from constituency No. NATIONAL-76, Lyallpur-IX, the Elections Commission observed on p. 197. of the report:

‘The resume of the evidence led in the case and the description of some of the

incidents that tool place during the polls in this constituency leave no room for doubt

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the polls are tainted by grave illegalities and violations of law. The respondent

resorted to violence and even abducted a Presiding Officer and subverted the

electoral process to make sure about his victory at all costs’.

“In the last case brought to our notice, reported as PLD 1977 Journal 198, relating to the election of Sardar Ahmed Ali, a nominee of the People’s Party from National Assembly constituency No. NATIONAL-89, Kaure-I, the Election

Commission came to the conclusion, on political party 202 of the report, that :----

‘The whole evidence as discussed above leaves no room for doubt that a fraud has

been played on the electorate by resort to despicable accts like stealing the ballot

boxes and the ballot papers, putting in bogus votes in the ballot boxes and later

bringing them into the polling stations for being included in the count. The only result

that follows is that this poll, which was farcical, has to be declared as null and void’.

“It is true that the specific judgments referred to by the leaned Attorney-General relate only to four cases, but the conclusions recorded by the Election Commission in each of them are significant as revealing a certain manner of interference by the Government functionaries with the sanctity of the ballot. Enormity of this interference appears to be further highlighted by at least three public statements made by the Chief Election Commissioner on the March 17, 1977, May 23, 1977, and June 5, 1977, respectively.

‘The first statement appeared in the daily newspaper Nawa-i-Waqt (Annexure F.12 on P.150 of the respondent’s rejoinder filed on 26-10-77) reporting the proceedings of Press Conference held by the Chief Election Commissioner in his office, in which, after reciting the various irregularities noticed by him, he expressed the view that there were allegations of rigging against almost all the Ministers of the Government, and that, if possible, fresh elections should be held to all the 200 seats of the National Assembly, and even the elections to the Provincial Assemblies should be reviewed, so as to inspire confidence in the purity of the electoral process.

“The second statement referred to by Mr. Sharifuddin Pirzada was repoted in a weekly Urdu magazine Chatan, published in Lahore (Annexure F. 13 on p. 152 of the aforesaid rejoinder), bearing the date-line May 23, 2977. It refers to an interview given by the Chief Election Commissioner to the Voice of America reiterating his view that there had been massive rigging in the elections to the National Assembly held on March 7, 1977, and that he had advised Prime Minister Bhutto to hold fresh elections. According to the correspondent of the Voice of America stationed in Islamabad, the Chief Election Commissioner had re-affirmed his earlier statement that the results of at least 100 constituencies of the National Assembly were not above suspicion.

“The third statement dated the 5th of June 1977 appeared in a newspaper called the daily Millat published in Karachi in the Gujrati language. An English translation of this news item is to be found in Annexure R/I to first written statements filed in this Court by Mr. A. K. Brohi on behalf of the Federation of Pakistan. It bears the caption “Sajjad shocked by election rigging. Suggests new election instead of inquiry”. The body of the news item states that:….

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‘In view of the grave irregularities that have come to the knowledge of the Election

Commission during the inquiry held into election to 24 seats, the Commission had

decided to hold inquiry into another 80 seats”.

‘Records of the election of these 80 seats have been sealed under the orders of the

Commission. The Chief Election Commissioner, Mr. Justice Sajjad Ahmed Jan, is

shocked to learn of the grave irregularities committed in regard to more than 50 per

cent of the seats during elections. In view of these irregularities on such a large scale

Mr. Justice Sajjad Ahmed Jan feels that it will be better to hold elections afresh’.

“Mr. Brohi has also drawn our attention to para 48 of his written statement to the effect that the then Punjab Government had sanctioned, on 15-5-77, the distribution of fire-arms licences on a vast scale to its party members. This allegation has not been denied by Mr. Bhutto and Mr. Abdul Hafeez Pirzada, either orally or in

their rejoinder statements.

“Mr. A. K. Brohi has also brought on the record certain other material suggestive of the fact that such large-scale rigging had in fact been planned and directed at the highest level namely, that of the Prime Minister himself, but I consider that it is not necessary to go into those details, the relevant fact in the present proceedings being that there were widespread allegations of massive rigging in the elections in favour of the candidates of the Pakistan People’s Party and that these allegations find prima facie support from the orders and statements made by the then Chief Election Commissioner and the members of the Election Commission as mentioned above. These circumstances explain the genesis of the protest movement

launched by the opposition against Mr. Z. A. Bhutto and his Government.

“As to the magnitude of the movement, certain salient facts have already been stated, namely that Mr. Bhutto was obliged to call in the Armed Forces n aid of the civil power in a large number of cities and towns of Pakistan owing to the fact that the civil authorities were unable to cope with the disturbances.

“As regards the casualties suffered and the damage caused to public and private property, Mr. Sharifudding Pirzada, the learned Attorney-General, has invited us to take judicial notice of the submissions made before the Supreme Court by the former Attorney-General Mr. Yahya Bakhtiar, who now appears for the petitioner,

Begum Nusrat Bhutto, on the 6th of June 1977.

“While arguing an appeal on behalf of the Federal Government against the decision of the Lahore High Court declaring as unlawful the imposition of local Martial Law by the Armed Forces of Pakistan in pursuance of a direction issued by the Federal Government under Article 245 of the Constitution, Mr. Yahya Bakhtiar gave certain facts and figures in justification of the action taken by the Federal Government. He stated that during 2-1/2 months of agitation 4,653 processions were taken out by the public including 248 processions by women, 92, by the members of the legal profession, 18by ulema or religious scholars, 248 by student and 57 by boys and children. According to Mr. Yahya Bakhtiar, these figures related to the period

from March 14 to May 17, 1977.

“Mr. Yahya Bakhtiar further informed the Court on that occasion that 241 civilians, belonging to both the political parties, were killed, and 1,195 were injured, whereas nine members of the security forces were killed and 531 of them were

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injured. There were 162 acts of sabotage and arson; besides large-scale destruction of property as follows:----

“Installations 18; shops 74; banks 58; vehicles on the road 1,6223 (the/ did not include the vehicles burnt in the Republic Motors, Karachi): hotels 7; cinemas 11; offices (public and private) 56; railways, whether bogies were burnt or otherwise damaged 27.

“These losses and casualties, which according to Mr. Yahya Bakhtiar wer unprecedented, appear to me to lend full support to the submission made by Mr. Sharifudding Prizada that the protest movement launched by the Opposition against the alleged massive rigging of the election organized by Mr. Z. A. Bhutto had assumed very serious proportions indeed, comparable almost to the well-known agitation movements launched in the undivided India, like the Khilafat Movement, the

Quit India Movement of 1942, etc.

“Certain other aspects of the prevailing political and law and order situation may also be noticed. It has already been stated that as a result of the joint appeal mad by the Prime Minister, Mr. Z. A. Bhutto and the top leadership of the Pakistan National Alliance on the 3rd of June 1977, the agitation was called off for the time being and the troops were withdrawn from their duties in aid of civil power. Mr. Yahya Bakhtiar submits that, in these circumstances, it would be wrong to say that the law and order situation in the country continued to be serous, or that there was any real danger of widespread disturbance or civil war as alleged by the respondent.

“In controvert these submissions, Mr. Sharifudding Pirzada has drawn our attention to the minutes of certain meetings of the Law and Order Committee, headed by Mr. Yahya Bakhtiar himself, in his capacity as the then Attorney-General. The membership of this Committee included several Secretaries to the Federal Government, heads of Civil Armed Forces, Heads of Intelligence Services, Chief of General Staff of the Pakistan Army, Chief Secretaries of all the four Provincial Governments and theirs Inspectors-General of Police. Ti was thus a very high-

powered Committee.

“Mr. Sharifuddin Pirzada first refers to the minutes of the meeting of this committee held on the 11th of June 1977 (Annexure F.53 of respondent’s rejoinder), under the chairmanship of Mr. yahya Bakhtiar. As the agitation had been temporarily called off on the 3rd of June 1977 on the commencement of the dialogue between the Government and the Pakistan National Alliance, the Committee noted that the general law and order situation in the country was reported to be satisfactory, but there was information that certain sections were intending to continue demonstrations of ‘bellicosity’ through processions in Lahore, Karchi and Hyderabad in case the talks fail. Paragraph 4 of the minutes of his meeting states that ‘in reviewing the situation in the respective provinces, Chief Secretaries and Inspectors- General of Police stated that, although the law and order situation was near normal everywhere, all provinces were tense and could break out into serious trouble, worse in intensity than hitherfore, should the Government-PNA talks fail. The agitation this time may take the form of sabotage, arson and assassinations in addition to large-scale demonstrations in the streets.

‘It was generally agreed that the prospects of maintaining law and order in the eventuality of a breakdown of talks were bleak’.

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“In the minutes of the meeting of the Committee held on the 27th of June 1977 (Annexure F. 54 on p. 244), it is stated that:---

‘The political situation in the country was discussed in totality. Main features of the discussions are briefly stated as under:---

“(I) …..

‘(II) Exposition of political situation in the country by various officers attending the meeting revealed that the PNA was gradually building up a tempo of agitation in anticipation of a break-down of talks.

‘(III) Although different leaders of PNA blew hot and cold, there remained cohesion and unity in their ranks, which quality was lacking in the PPP.

‘(IV) In Punjab the various forces of law and order, including the Police might, at best, be able to buy time for the Government for a month or so, but they would not be able to beat back a full-blooded agitation by PNA.

‘(V) The PNA agitation would, this time, also take the form of sabotage and

attempts of the lives of certain political leaders and Government officials.

‘(IX) In Sind the PPP was in disarray. Clashes in Karachi and Hyderabad were inevitable whether there is a Government –PNA accord or not”.

“Again the minutes of the meeting of the Committee held on the 2nd of July 1977 (Annexure F. 55 on p. 248) recite that :----

“In giving a run-down of the law and order situation in the country, the DIB expressed apprehension of large-scale clashes between supporters of PPP and PNA during the forthcoming electioneering campaign. Mr. G. M. Khar’s return to the PPP fold and his open challenge to the PNA is a grave provocation to the blooded veterans of the recent country-wide agitation. The path of clashes is, therefore, fraught with dangers, the least of these being demoralization of rank and file of the PPP should there be a single reveres on the streets. In fact the latest trends of PNA workers show

that the desperate ones among them may no longer be amenable to party discipline.

‘Rumours are being spread that Mr. Khar went to Peshawar to acquire arms in large quantity for PPP workers’.

“It needs to be mentioned that Mr. G. M. Khar, referred to in the minutes noticed in the preceding paragraph, was at one time a very prominent member of the Pakistan People’s Party, and mentioned as a possible successor by Mr. Z. A. Bhutto, he was appointed Governor of the Punjab and later Chief Minister of the Punjab before falling out with Mr. Bhutto. After various vicissitudes in his fortune, he returned to the fold of the Pakistan Peoples Party, and was appointed by Mr. Bhutto as a Special

Assistant to the Prime Minister as late as the 16th of June 1977.

“Immediately on appointment in this capacity, he started making belligerent speeches against the opposition, which were given great prominence by radio, televisions and the official press. The reference in the minutes of the meeting of the law and order committee is to shese speeches made by Mr. G. M. Khar from the safety of the Prime Minister’s Secretariat.

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“On the basis of the material thus brought to the notice of the curt by Messrs A. K. Borhiadn Sharifuddin Pirzade, consisting mostly of official reports and decisions as well as contemporary reports in the official newspapers, I think the court

is entitled to take judicial notice of the following facts:---

“1. That from the evening of the 7th of March 1977 there were widespread allegations of massive official interference with the sanctity of the ballot in favour of

candidates of Pakistan People’s Party;

“2. That these allegations, amounting almost to widespread belief among the people, generated a national wave of resentment and gave birth to a protest agitation

which soon spread from Karachi to Khyber and assumed very serous proportions;

“3. That the disturbances resulting from this movement became beyond the control of the civil armed forces;

“4. That the disturbances resulted in heavy loss of life and property throughout the country;

“5. That even the calling out of the troops under Article 245 of the Constitution by the Federal Government and the consequent imposition of local Martial Law in several important cities of Pakistan, and the calling out of troops by the local authorities under the provision of the Code of Criminal Procedure in smaller cities and towns, did not have the desired effect, and the agitation continued unabated;

“6. That the allegations of rigging and official interference with elections in favour of candidates of the ruling party were found to be established by judicial decisions in at least four cases, which displayed a general pattern of official interference;

“7. That public statements made by the then Chief Election Commissioner confirmed the widespread allegations made by the Opposition regarding official interference with the elections, and endorsed the demand for fresh elections.

“8. That, in the circumstances, Mr. Z. A Bhutto felt compelled to offer himself to a referendum under the Seventh Amendment to the Constitution, but the offer did not have any impact at all on the course of the agitation, and the demand for his resignation and for fresh elections continued unabated with the result that the

referendum plan had to be dropped.

“9. That in spite of Mr. Bhutto’s dialogue with the leaders of the Pakistan National Alliance and the temporary suspension of the movement against the Government, officials charged with maintaining law and order continued to be apprehensive that in the event of the failure of the talks there would be a terrible explosion beyond the control of the civilian authorities.

“10. That although the talks between Mr. Bhutto and the Pakistan National Alliance leadership had commenced on the 3rd of June 1977, on the basis of his offer for holding fresh elections to the National and Provincial Assemblies, yet they had dragged on for various reasons, and as late as the 4

th of July 1977, the Pakistan

National Alliance leadership was instating that nine or ten points remained to be resolved and Mr. Bhutto was also saying that his side would similarly put forward

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another ten points if the General Council of PNA would not ratify the accord as already reached on the morning of the 3rd of July 1977.

“11. That during the crucial days of the deadlock between Mr. Z. A. Bhutto and the Pakistan National Alliance leadership the Punjab Government sanctioned the distribution of fire-arms licences on a vast scale to its party members and provocative statements were deliberately made by the Prime Minister’s Special Assistant, Mr. G. M. Khar, who had patched up his differences with the Prime Minister and secured this appointment as late as the 16th of June, 1977, and

“12. That as a result of the agitation all normal economic activities in the country

stood seriously disrupted, with incalculable damage to the nation and the country.

“In the light of these facts, it becomes clear, therefore, that from the 7th of March 1977 onward, Mr. Z. A. Bhutto’s constitutional and moral seriously eroded. His Government was finding it more and more difficult to maintain law and order, to run the orderly ordinary administration of the country, to keep open educational institutions, and to ensure normal economic activity…..

“The Constitutional authority of not only the Prime Minister but also of the other Federal Ministers, as well as of the Provincial Governments was being repudiated on a large scale throughout the country. The representative character of the National and the Provincial Assemblies was also not being accepted by the people at large. There was thus a serious political crisis in the country leading to a breakdown of the legislative organs of the State were concerned. A situation had, therefore, arisen for which the Constitution provided no solution. It was in these circumstances that the Armed Forces of Pakistan headed by the Chief of Staff of the Pakistan Army, General Mohammad Zia-ul-Haq, intervened to save the country form further chaos and bloodshed, to safeguard its integrity and sovereignty and separate warring factions which had brought the country to the brink of disaster. It was undoubtedly an extra-constitutional step, but obviously dictated by the highest considerations of State necessity and welfare of the people.

“It was precisely for this reason that the declaration of Martial Law on the morning of the 5th of July 1977 was spontaneously welcomed by almost all sections of the population, which heayed a sigh of relief after having suffered extreme hardships

during the unprecedented disturbances spread over a period of nearly four months”.

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APPENDIX XIII AND XVIII

CONSTITUTION (EIGHTH AMENDMENT) ACT, 1985

AN ACT FURTHER TO AMEND THE CONSTITUTION OF THE ISLAMIC

REPUBLIC OF PAKISTAN

(GAZETTE OF PAKISTAN, EXTRAORDINARY, 11TH NOVEMBER, 1985)

The following Act of Majlis-election-Shoora (Parliament) received the assent of the President on the 9

th November, 1985, and is hereby published for general

information:-

Where it is expedient further to amend the constitution of the Islamic Republic of

Pakistan for the purposed hereinafter appearing;

It is hereby enacted as follows:

1. Short title and commencement

(1) This Act may be called the Constitution (Eighth Amendment) Act, 1985.

(2) It shall come into force at once, except section 19 which shall come into force

on the day on which the Proclamation of the fifth day of July, 1977, is revoked.

2. Amendment of Article 48 of the Constitution

It the Constitution of the Islami Republic of Pakistan, hereinafter referred to as the

Constitution in Article 48,-

(a) in clause (1),

(i) for the commas and words”, the Prime Minister, or appropriate Minister” the

words “or the Prime Minister” shall substituted; and

(ii) for the proviso the following shall be substituted, namely:

“Provided that the President may require the Cabinet or, as the case may be, Prim Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration”.

(b) in clause (2), after the words “do so”, at the end, the words” and the validity of anything done by the President in his discretion shall no be called in question on any ground whatsoever” shall be added;

(c) clause (3) shall be omitted ; and

(d) clause (5), in paragraph (a), for the words “one hundred” the word “ninety” shall be substituted.

3. Amendment of Article 51 of the Constitution

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In the Constitution, in Article 51, in clause (4), for the word “second” the word “third” shall be substituted.

4. Amendment of Article 56 of the Constitution

In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely:

At the Commencement of the first session after each general election to the National Assembly and at the commencement of the first session of each year the President shall address both houses assembled together and inform the Majlis-election-Shoora (Parliament) of the causes of its summons.

5. Amendment of Article 58 of the Constitution

In the Constitution in Article 58,---

(a) in clause (1), in the Explanation, for words “resolution for a vote of no confidence has been moved” the words “notice of a resolution for a vote of no-confidence has been given” shall be substituted; and

(b) for clause (2) the following shall be substituted, namely:

“(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion,

(a) a vote of no-confidence having been passed against the President Minister, no other member of the National Assembly is likely to command the confidence of the majority of the member’s of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose; or

(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

6 Amendment of Article 59 of the Constitution

In the Constitution, in Article 59-

(a) in clause (1), in paragraph (c), for the word “chosen” the elected” shall be substituted:

(b) in clause (3),

(i) for paragraphs (a), (b) and (c) ; the following shall be substituted, namely:-

“(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years.

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;

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(c) of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three year;

(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three year”.

(ii) in the proviso, the words “or chosen” shall be omitted; and

(c) clause (4) shall be omitted.

7. Amendment of Article 60 of the Constitution

In the Constitution, in Article 60, in clause (2), for the word “two” the word “three” shall be substituted.

8. Amendment of Article 75 of the Constitution

In the Constitution, in Article 75,-

(a) in clause (1), for the word “forty-five” the word “thirty” shall be substituted; and

(b) for clause (2) the following shall be substituted, namely;-

“(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament); it shall be reconsidered by the Majlis-e-Shoora (Parliament) injoint sitting and, if it is again passé with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both House present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom”.

9. Amendment of Article 90 of the Constitution

In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause (1) renumber as aforesaid, the following new clause shall be added,

namely:-

(2) Nothing contained in clause (1) shall---

(a) be deemed transfer to the President any functions conferred by any existing law on the Government of any Province or other. Authority; or

(b) prevent the Majlis-e-Shoora (Parliament), fro conferring by law functions on

authorities other than the President”.

10. Amendment of Article 91 of the Constitution

In the Constitution, in Article 91,-

(a) after clause (2), the following new clause shall be inserted, namely:-

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“(2-A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with provisions of the Constitution”.

(b) in clause (3), after the brackets and figure “(2)”, the words, commas, brackets, figure and letter” or, as the case may be, invited under clause (2-A)” shall be inserted; and

(c) for clause (5) the following shall be substituted, namely:-

(5) The Prime Minister, shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime-Minister does not command the confidence of the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly”.

11. Amendment of Article 101 of the Constitution

In the Constitution, in Article 101,-

(a) in clause (1), for the words “in his discretion” the words “after consultation with the Prime Minister.” Shall be substituted;

(aa) in clause (2), the proviso shall be omitted;

(b) clause (2-A) shall be omitted; and

(c) in clause (5), after the word “Governor”, at the end, the words “in any contingency not provided for in this Part” shall be added.

12. Amendment of Article 105 of the Constitution

In the Constitution in Article 105,-

(a) in clause (1),-

(i) for the comma and words”, Chief Minister or appropriate Minister” the words” or the Chief Minister” shall be substituted;

(ii) for the first proviso, the following shall be substituted, namely:-

“Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration”. And ,

(iii) the second proviso shall be omitted;

(b) in clause (2), for the comma and words”, the Cabinet or a Minister” the words

“or the Cabinet” shall be substituted; and

(c) in clause (5), for the brackets and figure “(3)” the brackets and figure “(2) shall be substituted.

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13. Amendment of Article 106 of the Constitution

In the Constitution in Article 106, in clause (4) for the word “second” the word “third” shall be substituted.

14. Amendment of Article 112 of the Constitution

In the Constitution Article 112 shall be renumbered as clause (1) of that Article and:-

(a) in clause (1), renumbered as aforesaid, in the Explanation, for the word “resolution for a vote of no-confidence has been moved” the words ‘notice of a resolution for a vote of no-confidence has been given” shall be substituted; and

(b) after clause (1), renumbered and amended as aforesaid, the following new clause shall be added, namely:-

“(2) The Governor may also dissolve the Provincial Assembly in his discretion but subject to the previous approval of the President, where, in his opinion,-

(a) a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly is likely to command the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose ; or

(b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

15. Amendment of Article 116 of the Constitution

In the Constitution in Article 116,-

(a) in clause (2) for the word “forty-five” the word “thirty” shall be substituted and

(b) for clause (3) the following shall be substituted, namely;

“(3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall not withhold assent therefrom”.

16. Amendment of Article 130 of the Constitution

In the Constitution, in Article 130,-

(a) after clause (2), the following new clause shall be inserted, namely:-

“(2-A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the

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confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:

Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty eight, in accordance with the provisions of the Constitution”.

(b) in clause (3), after the brackets and figure “(2)” the words, commas, brackets, figure and letter “or, as the case may be, invited under clause (2-A)” shall be inserted: and

(c) for clause (5) the following shall be substituted, namely.-

“(5) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly”.

17. Amendment of Article 144 of the Constitution

In the Constitution, Article 144, clause (2) shall be omitted.

18. Omission of Article 1520A of the Constitution

In the Constitution, Article 152-A shall be omitted.

19. Substitution of Article 270-A of the Constitution

In the Constitution for Article 270-A the following shall be substituted, namely:---

“270A- Affirmation of President’s Orders, etc.

(1?) The Proclamation of the fifth day of July, 1977, all President’s Ordinances. Martial Law Regulation Martial Law Orders, including the Referendum Order, 1984 (P.O. No. 11 of 1984), under which in consequence of the result of the referendum held on the nineteenth day December 1984, General Muhammad Zai-ul-Haq became the President the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the Revival of the Constitution of 1973 Order 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order, 1985 (P.O. 20 of 1985) the Constitution (Third Amendment) Order, 1985 (P.O No. 24 of 1985) and all other laws made between the fifth day of July, 1977 and the date on which Article comes into force are hereby affirmed, adopted and declared notwithstanding a judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any Court of any ground whatsoever,

Provided that a President’s Order’, Martial Law Regulation or Martial Law Order made after the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or are incidental to, the revocation of the Proclamation of

the fifth day of July, 1977.

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(2) All order’s made, proceedings taken and acts done by any authority or by any person, which were mad, election taken or done, or purported to have been made, taken or done between the fifth day of July, 1977, and the date on which this Article comes into force in exercise of the powers a derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Order, enactment, notification rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any Court, be deemed to be and always to have been validly made, taken or done shall not be called in question in any Court on any ground whatsoever.

(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactment, notifications, rules orders or bye-laws in force immediately before the date amended by competent authority.

Explanation. In the clause, “competent authority” means.-

(a) in respect of President’s Order, Ordinances, Martial Law Regulation Martial

Law Orders and enactments, the appropriate Legislature; and

(b) in respect of notifications, rules, orders and by-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings shall lie in any Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or, act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with order’s made or sentences passed in exercise or purported to exercise of such powers.

(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purposes intended to served thereby.

(6) Such of the President’s Orders and ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws.

Explanation. In this Article, “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Marital Law Administrator’s Orders”.

20. Addition of new Schedule to the Constitution

In the Constitution after the Sixth Schedule, the following new Schedule shall be added, namely:-

SEVENTH SCHEDULE

[Article 270-A (6)]

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Laws to be amended in the manner provided for amendment of the Constitution.

PRESIDENT’S ORDERS

(1) The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Re-naming and Administration) Order, 1978 (P.O. No. 13 of 1978).

(2) The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order, 1979 (P.O No. 13 of 1979).

(3) The Pakistan Defence Officer’s Housing Authority Order, 1980 (P.O. No. 7 of

1980).

(4) The Foreign Currency Loans (Rate of Exchange) Order, 1982 (P.O No. 3 of 1982).

(5) The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of 1983).

(6) The Agha Khan University Order, 1983 (P.O No. 3 of 1983).

(7) The National College of Textile Engineering (Governing Body and Cess) Order, 1983 (P.O No. 11 of 1983).

(8) The Lahore University of Management Science Order 1985 (P.O No. 25 of 1985).

ORDINANCES

(1) The International Islamic University Ordinance, 985 (XXX of 1985).

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APPENDIX XIV

C. ACCOUNTABILITY FIRST

[Excerpts from Gen. Mohammad Zia-ul-Haq’s Radio/TV address, October 1,

1977.

“The political situation in our country has come to such a pass that I have to address you earlier than I had intended. The issue is so closely inter-linked with the security and survival of the country… which every patriotic Pakistani holds dearer than his own life--- that I must take you into confidence forthwith.

“You would recall the terrifying state of affairs in which Pakistan’s armed force had to take over the country’s administration. The people had lost confidence in the Government because of the rigging of March 7 elections. What we had then was not a representative Government. In order to retain its untenable hold on power, the Government had take a number of steps which had no justification whatever. For instance, individual liberties were curbed, an internal emergency was proclaimed and certain parts of the country were place under Martial Law. Politicians did not trust one another. Law and order had virtually ceased to exist in the cities, and the country stood on the brink of a civil war. Everyone was worried about the future. In these conditions the armed forces took over the Government in the most peaceful manner possible and everyone heaved a sigh of relief. All sections of society welcomed the

move as necessary and timely.

“you would also recall the speech of mine in which I had made a categorical promise of holding the elections in October and of transferring power to the people’s elected representatives immediately thereafter. I had repeated this stance several times in speeches and through Press interviews. Some people had questioned the wisdom of reiterating the commitment about 18th of October. Several political leaders insisted during private meetings that I should not emphasis this 18

th of October date because

there were far more pressing matters than mere elections that deserved immediate attention from me. They said: first solve these and then hold the election. I turned a deaf ear to them and stuck to my decision. For, it was not only my personal promise to the nation but also reflected my firm belief that the armed forces should never take over the governance of the country except in a most intractable crisis and that they should keep away from the sphere of practical polities. I believe so because the right to rule belongs exclusively to the people, who should do so through their elected representatives. That is way we had to act on July 5 in that crisis and Speaker soon as we assumed the responsibility of running the country, we initiated the process of restoring democracy.

“But what his happened during the last three months is before us. Can anyone call it democracy? Democracy is not what has been manifested by the behaviour of some of our politicians. In a democratic society political parties enter the political arena with their manifestos and try to convince the voters that their particular prgoramme will, if accepted by a majority of voters, improve their living conditions and the society shall make better progress. Although the programmes of different parties always differ, they nevertheless agree on one basic point i.e. country’s integrity, social progress and safeguarding the life and property of all citizens.

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“Now, have a look at the polities of your country. Can you find any programme that has been presented for taking the society further along the road to progress? The fact of the matter is that during the two long weeks after the start of the four-week electoral campaign, none of the major parties has presented its programme before the people. Ordinarily, one would suppose that electoral campaigning should necessarily begin with the presentation of respective manifestos. How do these political leaders seek the support from the people when they have not given them their manifesto? Support for which prgoramme, one may ask. It is regrettable that in place of programmes and manifestos personalities are in the forefront. Everyone is after the character assassination of the other. Indeed, in many cases the actions of certain personalities constitute the main issue of the election campaign--- actions that are the subject matter of adjudication in higher courts. In the speeches and statements that have been made so far there has been more mud-slinging than the presentation of

programmes.

“Is this the way society progresses? Is this the role of political parties in restoring democracy. The void caused by the inadequacy of party manifestos and programmes is sought to be filled by emotional slogans. Every person considers that the more he can incite the sentiments of the people, the greater stature he can acquire as a public leader. In order to promote their leadership, some of them have made such provocative speeches that have intensified the climate of hatred and chaos. The result is that the political parties have degenerated into warring groups. Violence is in the air and has directly led to those incidents of subversion that have recently taken place in some parts of the country. These occurrences, in fact, are pointes to a storm that is

being fomented by some of these politicians.

“Do elections and violence go together? Is there no way to run an electoral campaign through of provocation and violence? According to democracy’s basic philosophy, elections are not intended to promote violence. Elections mean avoiding violence and changing the government peacefully. The situation in our country is to contrary. Whenever elections impend, the doors of violence and chaos are flung open. I am a great believer in elections, but I cannot let the country face destruction for the sake of elections. I am determined to prevent the creation of conditions similar to those in which the armed forces had to move in on July 5. At that time my colleagues and I had thought that the political crisis was not so deep and complex that we would be able to restore peaceful conditions and start democratic processes in the country in three or four months. That is why immediately on assuming the responsibilities of running the government I had announced that the elections would held in October.

“I had to impose restrictions on political activates till the 17th of September

precisely of the cooling down of passions and for normalizing the situation. But the newspapers and politicians did not allow the conditions to be entirely normal and political activities in some form or other continued between the 5

th of July and 17

th of

September. I ignored these activities as I thought these formed part of a political process. I did not wish to thwart the political process by using Martial Law strictly as I knew that the political process was the soul of democracy. On resumption of full-fledged political activities on 18

th of September I had a Code of Ethics promulgated to

keep them within reasonable limits. This code had been agreed upon by all the leaders in their conference with me on 13th of September. Even this code was totally ignored by some of the politicians in the heat of election campaign, thus creating chaos all round. The situation today is that the citizens are again haunted by the fear of

390

uncertain conditions and break-down of law and order. Can peaceful, and fair election be held under such conditions?

“During the last three months the Martial Law Administrators probed the affairs of some departments. Such irregularities came to light that it would be a sin to hide them from the people. Therefore, I ordered investigations in different departments which revealed such a mess that words cannot describe. During the last five or six years, institutions of national importance were pulverized, civil administration was politicalised and terrorized and the national economy was virtually shattered. The powers of the Judiciary were curtailed and its prestige suffered. Public funds earned by the sweat of the brow of the common people were squandered for personal gain and luxury. An atmosphere of gangsterism and terrorism prevailed in the country in which life became intolerable for the common citizen. Recourse was made even to most heinous acts in order to maintain the grip of power. Political opponents were silenced by various tactics. This is only a partial glimpse of the misdeeds that have come to light during the last three months. I do not wish to go into details at this stage because many of these malpractices come within the purview of the law. I am sure when these cases come up before the courts of law the people will know the reality.

“These revelations set me thinking as to why the polities of the country should not be cleansed in a manner that we do not face a similar situation again. Therefore, after consulting my friends and colleagues, I decided to place these facts before the public through the courts prior to elections because in my view keeping the public ignorant of these facts would be a national and moral crime. This has nothing to do with being partial or impartial. I want to assure you that we are taking this step solely in the larger national interest. There is no intention whatever to hurt, harm or benefit any political party.

“Many Pakistani and foreign newspaper editorials have thought along the same lines, and so have many politicians. From every part of the country has the demand that accountability should take precedence over elections. Many well-wishers of the country also expressed doubts about the advisability of holding elections in the present condition. They said if the elections were held in the present explosive situation and the Armed Forces went back to their barracks after handing over power to the elected representatives, the country would be engulfed in a deeper crisis than the one from which it was rescued on 5th of July.

“Although I was inclined to agree with the demand for prior accountability I was hesitant to accept it because the process of accountability cannot be completed within a day or even a week. Indeed, the process involves completion of all legal procedures through the courts including affording a full opportunity to the accused for defence.

“We had decided to set up military courts for quicker disposal of some cases. This was misunderstood by some people. They that the Martial Law. Administration was bent upon punishing certain individuals. The impression was groundless and wholly misconceived. Besides, the process of the scrutiny of the assets is still in its initial stages. These declarations are in hundreds. The scrutiny has just begun. In the cases where it is found that illegal acquisition of wealth has taken place, legal action would be taken. Those who are adjudged guilty of acquiring wealth through illegal

391

means would be disqualified contesting elections. For, it would be highly improper to permit such individuals to rob the nation of its resources again. Here I wish to clarify that such individuals shall be given ample opportunity of defending themselves against the charges. It is common knowledge that certain politicians, whether in power or out of it, have, through their political influence, benefited themselves or their relatives in one way or another. Although several measures had been taken against such malpractices in the past, they failed to achieve the purpose of effective accountability. We have, therefore, the country should have a leadership with an unblemished record.

“Our country today stands at a dangerous crossing. If we hold elections before the process of accountability is completed, it would be an act of enmity towards the seventy million people of this country. Those who have indulged in malpractices and have robbed the country, and for which ample evidence is available, must be exposed. But, if we proceed with prior accountability, elections will have to be postponed. Postponement of the elections would meant the I was not able to fulfill the promises I had made to the nation. My detractors would say that power was intoxicating. Members of intelligentsia would seek to prove form history that no military ruler had ever voluntarily give up the office. Some sections would probably believe these accusations. But I am not worried. What I do care about is this: in the circumstances of today, when a situation of fear, violence and lawlessness prevails in the country, and many important persons have still to answer serious charges n courts of law, would it be in the national interest to hold the elections in such a situation? I have also to ask: could it be that this democratic measure would create in the country a far more serious crisis than the one existing already? If these fears of mine are well-founded, should I then stick to my original desire of holding the elections on the given date simply because I had made such a promise on behalf of the armed forces?

“I have been thinking hard on this issue during the last few days and have consulted my colleagues several times. I have earnestly sought God Almighty’s guidance to give me the strength and ability to make a decision that is in the best interests of the country. After much deliberation I have come to the conclusion that to hold the elections on 18th October in the present conditions would be inviting a worse crisis. Therefore, the elections have been postponed until further notice. This is to save the country from fearful destruction and also to enable the people to know the correct state of affaires by a process of accountability. Completion of the process of accountability would also provide an opportunity to the persons now being charge in courts of law to defend themselves. They shall be provided all the necessary facilities to prove their innocence. All such cases shall be tried in open civil courts or special courts comprising High Courts Judges. The Press will be free to report the proceedings. This procedure shall not only meet the ends of justice but shall also be in the national interest. It will also meet the demand made by the former Prime Minister towards the end of the period of custody when he had asked: ‘Leave elections alone, first decide whether I have robbed the nation or served it’. With the postponement, we shall have the time required to complete this whole process. For the same reasons, we

no longer intend to try the accused persons in the military courts.

“You will now ask when will the next elections by held? It all depends on the speed with which the process of accountability proceeds, independence and impartiality of our judiciary is exemplary. Our civil courts not only care about the pre-requisites of justice, but they are also acutely aware of the country’s and the

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concomitants of restoring democracy. I expect them to give these cases of political significance preference over day-to-day cases. And I hope they will able to give their judgments soon enough. No sooner than these decisions are available, a date for the general elections shall be announced. In this connection I deem it necessary to clarify that these accountability proceedings shall be conducted against all individuals against whom charges are necessary to be framed, quite irrespective of their party affiliation.

“Let us for a moment forget about politics and think of what does the national interest demand of us. Do we advance our nation’s best interests by spreading regional prejudices and by promoting disintegration, or do they require us to strengthen national unity and an atmosphere of fraternity? Is the country well served by slogan-mongering and provocative utterances or does it need devoted work form us? Will the country’s interests be served by holding the elections now or saving it from the near-certainty of chaos and violence? I ma sure if you think coolly and not give way to emotions you will also come to the same conclusion that postponing the elections is in the best interest of the country.

“In the end I would like to assure my countrymen that not a day’s unnecessary delay will be allowed in transferring power to the elected representative. During this period when the Armed Forces are shouldering the responsibility of running the country’s administration, every effort will be made to ensure that a critical situation does not arise again and that elections are held in a peaceful and calm atmosphere to enable every citizen to vote freely. For, this is the first precondition of a fair election. God willing, this precondition shall be fulfilled”.

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APPENDIX XV

1977 GENERAL ELECTIONS

On January 7, 1977, Prime Minister Bhutto announced snap elections, and the general to the provincial and national assemblies were held on March 7 and 10 1977, respectively. To may, the quick election date idea was arranged as not to give sufficient time to the opposition in order to make decisions and arrangements for the

forthcoming elections. The total registered voters in the country were 30, 899, 052.

On January 11 1977, all major and some minor opposition parties had cobbled together an electoral alliance, the Pakistan National Alliance (PNA), to contest

elections against Bhutto’s PPP.

The official turnout figure was 63 percent-if 19 uncontested seats were discounted, the turnout 80 percent (the PNA boycotted the Balochistan elections because of the at time ongoing military operation). The PPP won 58.1 percent of all the votes that were cast, and 136 of the 173 contested NA seats. The PNA won only 35.1 per cent of the vote and 36 seats. PPP had already won 19 NA seats unopposed including the home seat of Zulfikar Ali Bhutto in Larkana. The PNA leveled allegations of massive reigging in the polling and boycotted the provincial elections.

Seats Won in the 1977 Elections

Party Punjab Sind NWFP Baluchistan Islamabad Tribal

Asreas

Tot

al

Pakistan Peoples

Party

107

(93%)

32

(74%) 8 (31%) 7 (100%) 1 (100%) 0

115

(77.

5%)

Pakistan National

Alliance 8 (7%)

11

(26%)

17

(65%) 0 0 0

36

(18

%)

Independent 0 0 1 (4%) 0 0 8 (100%)

9

(4.5

%)

Total Seats 115 43 26 7 1 8 200

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APPENDIX XVI

A. OPERATION FAIRPLAY

English rendering of Gen. Mohammad Zia-ul-Haq’s address to the nation,

July, 1977.

“I deem it a singular to address the great nation of this great country. I am grateful to God Almighty for this. You must have learnt by now that the Government of Mr. Zulfikar Ali Bhutto has ceased to exist and an Interim Government has been established in its place. This change-over, which began at about mid-night last night, was over by this morning. I am grateful go God Almighty that the process of change-over has been accomplished smoothly and peacefully. All this action was executed on my order. During this period the former Prime Minister Zulfikar Ali Bhutto and some of his colleagues have been taken into protective custody. Likew’se, all the prominent leaders of the Pakistan National Alliance have also been taken into custody, except Begum Nasim Wali Khan.

“The reactions so far received to this takeover have been very encouraging. A stream of congratulatory messages has started pouring in from different places. I am grateful for this to my nation as well as to the buoyant and momin Armed Forces of Pakistan.

‘It is necessary of add here that some people have expressed misgivings that the army takeover been at the behest of someone. Could it be that General Zia had secretly concerted with the former Prime Minister? On this I can only say that truth can never remain unexposed. In fact, such an air of distrust has been created during the past few months that even well-meaning people got bogged down in doubts and apprehension.

“You must have heard from the morning news bulletins that eh Armed Forces of Pakistan have taken over the administration of the country. The Army takeover is never a pleasant act because the Armed Forces of Pakistan genuinely want that the administration of the country should remain in the hands of the representatives of the people who are its real masters. The people exercise this right through their elected representatives who are chosen in every democratic country through periodic elections.

“The elections were haled in our beloved homeland on March 7 last. The election result, however, were rejected by one of the contending parties, namely the Pakistan National Alliance. They alleged that the elections had been rigged on a large scale and demanded fresh elections. To press their demand for re-elections, they launched a movement which assumed such dimensions that people even started saying that democracy was not workable in Pakistan. Bu I genuinely feel that the survival of this country lies in democracy and democracy alone. It is mainly due to this belief that the Armed Forces resisted the temptation to take over during the recent provocative circumstances in spite of divers massive political pressures. The Armed Forces have always desired and tried for a political solution to political problems. That is why the Armed Forces stressed on the then Government that they should reach a compromise with their political rivals without any loss of time. The Government needed time to hold these talks. The Armed Forces brought them this valuable period of time by maintaining law and order in the country. The Armed Forces were

395

subjected to criticism form certain quarters for their role in aid of the civil administration, but we tolerated this criticism and ridicules in the hope that it was a passing phase. We hoped that when this climate of agitational frenze came to an end, the nation would be able to appreciate the correct and constitutional role of the Armed Forces and all fears would be allayed.

“I have just given you a very broad-outline picture of the situation obtaining in the country. It must be quite clear to you now that when the political leaders failed to steer the country out of a crisis, it would have been an inexcusable sin for the Armed Forces to sit as silent spectators. It is primarily for this reason that the Army perforce

had to intervene to save the country.

“I would like to point out here that I saw no prospects of a compromise between the People’s Party and the PNA, because of their mutual distrust and lack of faith. It was feared that the failure of the PNA and PPP to reach a compromise would throw the country into chaos and the country would thus be plunged into a more serious crisis. This risk could not be taken in view of the larger interest of the country. The Army had, therefore, to act as a result of which the Government of Mr. Bhutto has ceased to exist; martial law has been imposed throughout the country; the national and provincial assemblies have been dissolved and the provincial governors and ministers have been removed.

“But the Constitution has not been abrogated. Only the operation of certain parts of the Constitution has been held in abeyance. Mr. Fazal Elahi Chaudary has very kindly consented to continue to discharge his duties as President of Pakistan as heretofore under the same Constitution. I am grateful to him for this. To assist him in the discharge of his national duties, a four-member Military Council has been formed. The Council consists of the Chairman, Joint Chiefs of Staff, and the Chiefs of Staff of the Army, the Navy and the Air Force.

“I will discharge the duties of the Chief of Army Staff and Chief Martial Law Administrator. Martial Law Orders and Instructions, as and when required, will be

issued under my orders.

“I met Mr. Justice Yaqub Ali, Chief Justice of Pakistan, this morning. I am grateful to him for his advice and guidance on legal matters.

“I want to make it absolutely clear that neither I have any political ambitions nor does the Army want to be distracted from its profession of soldiering. I was obliged to step into fill in the vacuum created by the political leaders. I have accepted this challenge as a true soldier of Islam. My sole aim is to organize free and fair elections which would be held in October this year. Soon after the polls, power will be transferred to the elected representatives of the people. I give a solemn assurance that I will not deviate form this schedule. During the next three months, my total attention will be concentrated on the holding of elections and I would not like to dissipate my powers and energies as Chief Martial Law Administrators on anything else.

“it will not be out of place to mention here that I hold the judiciary of the country in high esteem . I will do my best to refrain from doing anything which is likely to restrict the power of the Judiciary. However, under unavoidable

396

circumstances, if and when Martial Law Order and Martial Law Regulations are issued, they would not be challenged in any Court of Law.

“I will soon announce the modalities and the detailed timetable for the holding of elections. I hope and expect that all political parties will cooperate with me in this behalf. A good measure of tension had been created in the country during the recent political confrontation. It, therefore, became imperative to allow some time for human emotions to cool off. I have, therefore, banned all political activities from today till further orders. Political activities, however, will be allowed before the polls.

“My dear countrymen: I have expressed my real feelings and intentions, without the slightest ambiguity. I have also taken you into confidence about my future plans. I seek guidance from God Almighty and help and cooperation from my countrymen to achieve this noble mission. I also hope that the Judiciary, the

Administration and the common man will extend whole-hearted cooperation to me.

“It would be my utmost Endeavour to ensure that the Martial Administration not only treats the people in a spirit of justice and equality but also makes them feel so. The Civil Administration, too, has to play an important role in this behalf. I am, therefore, pleased to announce that Chief Justices of the Provincial High Courts have, on my request, consented to become the Acting Governors of their respective provinces. The officers in the Civil administration who may have any apprehensions about their future are hereby assured that no victimization will take place.

“However, if any public servant fails in the discharge of his duties, shows partiality or betrays the confidence of the nation he will be given exemplary punishment. Similarly, if any citizen disturbs law and order in the country, he will also be severely dealt with.

“So far as foreign relations are concerned, I want to make it absolutely clear that I will honour all the agreements, commitment and contracts singed by the outgoing Government. “In the end, I would appeal to all the officers and men of the Armed Forces to discharge their duties justly and impartially. I hope they will deal with every situation without showing any undue leniency. I will also expect them to forgive those who have ridiculed or harassed them in the past. This will be in the true Islamic tradition. I call upon them to keep their own honour and that of their profession in mind while discharging their duties. I am sure they will acquit themselves of their new responsibility honorably. This will certainly enhance their prestige and position in society.

“I will now liked to enumerate the following few points:

(1) The Civil Courts will continue to discharge their duties as before;

(2) The Federal Security Force will soon be reorganized;

(3) Large-scale transfers of civil servants, which have been ordered recently, will be reviewed;

(4) The composition of the Interim Government is as follows:-------

(a) President Fazal Elahi Chaudhry will be the Head of the State;

397

(b) Important administrative matters will be dealt with by the Military Council mentioned earlier;

© The Chief Martial Law Administrator will be the Chief Executive;

(d) Secretary-General Defence, Mr. Ghulam Ishaq Khan, will coordinate the functioning of all Federal Ministries and Departments;

(e) The Federal Secretaries will continue to head their respective Ministries and Departments;

(f) The Chief Justices of the Provincial High Courts will be the Acting Governors of their respective provinces;

(g) The Provincial administration will be headed by the Provincial Martial Law administrator, and the Provincial Secretaries will continue to hold charge of their respective departments.

5. I sincerely desire:----

(a) The civil administration to discharge its duties without any fear or apprehension,

(b) The Police to develop a spirit of the selfless service,

(c) The Press to live upto its claims as the advocate of freedom of Press without violating the “code of conduct”,

(d) The nation to develop a sense of sanity and reasonableness,

(e) The life, honour and property of every citizen to be safe,

(f) Peace and tranquility to prevail and “goondaism” to come to an end, and

(g) Educational institutions not to become political arenas.

(6) I want to assure you that the frontiers of Pakistan are fully guarded and the Armed Forces are there to discharge their duties. Authorized traffic across the borders is continuing.

“To conclude, I must say that the spirit of Islam demonstrated during the recent movement was commendable. It proves that Pakistan, which was created in the name of Islam, will continue to survive only if it sticks to Islam. That is why I consider the

introduction of Islamic system as an essential pre-requisite for the country”.

“Pakistan Paindabad.”

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APPENDIX XVII

Summary of the judgment of the Lahore High Court in the Nawab

Mohammad Ahmad Khan murder case.

The prosecution case was that Mr. Ahmad Raza Kasuri, who was a founder-member of the PPP and had been elected on the ticket of the Party as MNA in December 1971, developed strained relations with the principal accused Mr. Z. A. Bhutto. The latter, in order to get him assassinated or liquidated, entered into a conspiracy with Mr. Masood Mehmood, approver, through the FSF. Mian Mohammad Abbas joined the conspirarcy on the direction of Masood Mehmood approver through the FSF and directed Ghulam Hussain, approver, to organize the murder of Ahmad Raza Kasuri. Mian Abbas arranged for supply of arms from armoury of FSF. The other three accused and Ghulam Hussain joined the conspiracy at a later stager. On the night between November 10 and 11, 1974, Ghulam mustaf, Ghulam Hussain, approver, Arshad Iqbal and Rana Iftikhar Ahmad fired with automatic weapons at the car of Ahmad Raza Kasuri at the roundabout of Shadman, Shah Jamal Colony, Lahore. The firing resulted in the death of Nawab mohammad Ahmad Khan, father of Mr. Ahmad Raza Kasuri, while he himself escaped unhurt. As a result of nominal investigation the case filed as untraced in September 1975.

399

APPENDIX XIX

POLITICAL PARTIES RULES

1986

1. Short title and commencement. .. (1) These rules may be called the Political parties Rules, 1986.

(2) The shall some into force at once.

2. Definition. …. In these rules, unless there is anything repugnant in the subject or context,..

(a) “Act” means the Political Parties Act, 1962, (III) of 1962) ;

(b) “Publish”. With its grammatical variations, means exhibition at a place accessible to the public;

(c) “section” means a section of the Act.

3. Formation of Political Party. --- For the purposes of the Act, a political party shall be deemed to have been formed ---

(a) on the day its manifesto, that is to say, its foundation document or constitution, is adopted by its general body ; or

(b) in the case of a political party which, before the day referred to in clause (a) started to indulge in such political activities as holding of public meetings and press concurrences or taking out of processions on such day as the Election Commission may determine having regard to the circumstances of the case.

4. Maintenance of accounts --- (1) Every political party shall maintain in the form appended to these rules proper accounts of all its incomes and expenditure, assets and liabilities and shall, within six weeks of the close of each financial year (July June), submit statement of its finances and accounts to audit by an officer or authority authorized by the Election Commission:

Provided that every political party shall submit a statement of its finances and

accounts at the national level to audit within thirty days of its being formed.

(2) If a political party does not submit its finances and accounts as required by sub rule (1) the Election Commission may inform the Federal Government regarding the contravention of the provisions of section 3-A by such party.

5. Financial transactions within a party. --- Financial transactions with in a party shall also be entered in the statement of finances and accounts for the purpose of audit.

6. Submission of audit report. ---The officer or authority authorized by the Election Commission to audit the accounts of a political party shall submit his audit report to the Election Commission within fifteen days of the presentation by the political party of a statement of its finances and accounts to him.

400

7. Restriction on the use of certain names, etc. --- (1) Every political party seeking registration shall have a distinctive name, which is neither identical with, nor closely similar to the names of registered political party, and where there is identity, or such similarity as may be calculated do deceive or confuse the average voter, the Election Commission may direct the political party making the application to make such changes in its name as it may deem appropriate, as a condition of the grant of

registration.

(2) Where two or more political parties apply for registration under the same name, or names so closely similar as to be calculated to deceive of confines the average voter, the Election Commission may direct each such political party applying after the first to make such changes in its name as it may deem appropriate, as a condition of the rant of registration.

8. Repeal. --- The political parties (Audit of Accounts) Rules, 1979 are hereby repealed.

401

APPENDIX XX

The MARTIAL LAW (Pending Proceedings)

ORDER, 1985

MARTIAL LAW ORDER No. 107

[The Gazette of Pakistan Part I, 29th December, 1985]

Acts, Ordinances, President’s Orders and Regulations including Martial Law Orders

and Regulations

1. (1) This order may be called the Martial Law (Pending Proceedings) Order, 1985.

(2) It shall come into force at once.

2 In this Order, unless there is any thing repugnant in the subject or context:.

(a) “Appointed day” means the day on which the Proclamation of the fifth day of July, 1977, is revoked:

(b) “Martial Law” means the Martial Law imposed by the Proclamation of the

fifth day of July, 1977;

(c) “Martial Law Authority” includes any person or body of persons or any court authorized by or under any Martial Law Regulation or Martial Law Order to perform

any function or to exercise any power under such Regulation or Order ; and

(d) “Martial Law period” means the period commencing the fifth day of Duly, 1977, and ending on the day the Proclamation of the fifth day of July, 1977 is

revoked.

3. (1) All Martial Law Regulation and Martial Law Orders, made and promulgated on or after the fifth day of July 1977, by the Chief Martial Law Administrator and al Martial Law Order made and promulgated by the Martial Law Administrators of Zones A, B, C, D and E as mentioned in MLO-3 notwithstanding its cancellation on or after the said day, other than those specified in the Schedule to

the Order, shall stand cancelled on the appointed day.

(2) In the Martial Law Orders and Martial Law Regulations specified in the Schedule to the Order, for the expression “the Chief Martial Law Administrator”. The term ‘the President” for the expression “a case of Martial Law Administrator Zone ‘E’ the Force Commander Northern Areas, and the expressions “military Court” or “Special Military Court” or “Summary Military Court”, expression “Criminal court of competent jurisdiction” shall stand substituted on the appointed day and the said Martial Law Regulations and Martial Law Orders shall have effect with such adaptations and modifications as the circumstances and the implementation of the said Martial Law Regulations and Martial Law Orders may

require.

402

(3) Notwithstanding the cancellation of Martial Law Order NO. 5 and Martial Law Regulation No. 14, contravention of any provision of a Martial Law Regulation or Martial Law Order specified in the Schedule shall continue to be punishable with the penalties specified in the said Martial Law Order No. 5 and Martial Law Regulation No. 14.

4. The cancellation of the Martial Law Regulations and Martial Law Orders, referred to in clause (1) of paragraph 3, shall not affect the previous operation thereof and anything done, action taken, obligation, liability, penalty or punishment incurred, or proceedings commenced shall be deemed to have been properly and validly done,

taken, incurred or commended, as the case may be.

5. (1) Every case pending immediately before the appointed day before a Special Military Court or a Summary Military Court shall stand transferred to the criminal court which would have jurisdiction to try the office constituted by the facts of that case under the ordinary law.

(2) A case transferred to a criminal court under sub-paragraph (1) shall be tried by it in accordance with the procedure applicable to the trial and transfer of such a case under the ordinary law.

6. (1) Every case which having been decided and disposed of by a

special Military Court is, immediately before the appointed day; pending

403

APPENDIX XXI

PAKISTAN 1988 LEGISTAVIE ELECTION

Chamber National Assembly

Date of Election November 16, 1988

Number of Seats Available 237*

Length of Legislative Term 2 Years

Number of Seats

Percentage of

Votes

Muslim Seats

Pakistan People’s (PPP) 92 -

Islam-e-Jamhoori Ittehad (IJI-Islamic Democratic Alliance)

55 -

Muhajir Qaumi Mahaz (MQM-Muhajir National Movement)

13 -

Jamiat-ul-Ulema-e-Islam (JUI-Assembly of Islamic Clerty)

8 -

Awami National Party (ANP) 3 -

Pakistan Awami Ittehad (PAI-Pakistan

People’s Alliance) 3 -

Baluchistan National Alliance (BNA) 2 -

National People’s Party (NPP) 1 -

Pakistan Democratic Party (PDP) 1 -

Independents 27 -

Vacant 2** -

Non-Muslim Seats

Pakistan People’s Party (PPP) 10 -

Women Seats

Pakistan People’s Party (PPP) 12 -

Islam-e-Jamhoori Ittehad (IJI-Islamic

Democratic Alliance) 5 -

Muhajir Qaumi Mahaz (MQM-Muhajir 1 -

404

National Movement)

Jamiat-ul-Ulema-e-Islam (JUI-Assembly of Islamic Clerty)

1 -

Independent 1 -

217 seats (207 Muslim , 10 non-Muslim) were filled by direct election, with 20 reserved for women chosen by the elected members.

Population Size 105 409 000

Registered Voters 46 194 417

Total Votes 19 902 706

Vote/Registered Voter 43.1%

Spoilt Ballots 1.5%

405

APPENDIX XXII

THE JUDGES’S JUDGMENT

The supreme court of Pakistan granted leave to appeal against the appointment of twenty judges to the Lahore high court so as to consider the constitutionality of such appointments. After considerable arguments spread over several months, a bench of the supreme court of Pakistan comprising five judges, gave a majority judgment of four to one, accepting the appeal against such appointments. The Supreme Court held as under:

1. Appointment of ad hoc judges against permanent vacancies of the Supreme Court violates the constitution.

2. Appointment of acting chief justices can only be a stop-gap arrangements for a short period and not, in any case, exceeding a period of 90 days.

3. An acting chief justice cannot be a consultee for the purpose of appointment of judges, and the appointments made on the recommendation of an acting chief justice were invalid and unconstitutional.

4. An additional judge of high court acquire a reasonable expectancy to be considered for appointment as permanent judge, and if he is recommended by the chief justice of Pakistan, he is to be appointed as such in the absence of strong reasons

to the contrary to be recorded by the president which would any way be justiciable.

5. All permanent vacancies in the judiciary, particularly those of the chief justices, should be filled in advance if they are normal ones( like arising out of retirement )and in any case, not later than 30 days after their occurrence. If a vacancy occurs on account of death or for any unforeseen cause, it should be filled, at the most, within 90 days.

6. The senior most judge of a high court has a legitimate expectancy to be considered for appointment as chief justice. He is entitled to be appointed as chief justice of that court in the absence of very strong reasons to the contrary to be recorded by the president.

7. That sending of a supreme court judge to a high court as an acting chief justice would be undesirable, particularly in view of adverse observation in the judgment of the supreme court in Abrar Hassan v government of Pakistan (PLD 1976 S.c.315)

8. The words’ after consultation ‘occurring in articles 177 and 193 of the constitution involve a participatory consultee and the executive. It should be effective, meaningful, purposive, and consensus oriented, leaving no room for complaint of arbitrariness or unfair play. The chief justice of a high court and the chief justice of Pakistan are well-equipped to assess the knowledge and suitability of a candidate for judgeship of the superior courts. The opinion of the chief justice as constitutional consultees was held to be binding on the executive, and if the executive disagreed with the view of the chief justice of Pakistan and the chief justice of a high court, it should record strong reasons which would be justiciable. The court found it to be a consistent practice that has acquired the status of convention during the pre-partition days of India as well as the post-partition period, that the recommendations of the

406

chief justice of a high court and the chief justice of supreme court, in India as well as in Pakistan, have been consistently accepted and acted upon except in very rare cases.

9. The requirement of ten years practice as an advocate of the high court for appointment as judge of the high court does not mean more enrolment for that period as an advocate, but actual practice/experience as an advocate of the high court for such period.

10. If a person of unimpeachable integrity and sound knowledge of law is recommended by the chief justice of the high court and the chief justice of Pakistan, his past political affiliation would not be a disqualification because a person of integrity and sound knowledge normally serve his past connection with the political party with which he had affiliation and decide the matter purely on merits. However, it would be desirable not to appoint a person who is a strong activist in a political party and for him, it would not be possible to erase an unconscious tilt in favour of his party.

11. The power to transfer judge from one high court to another cannot be invoked by the president/executive for any purpose other than public interest and that too only after consultation with the chief justice of Pakistan. The power of transfer cannot be pressed into service for the purpose of inflicting punishment on a judge or for any other extraneous consideration.

The Supreme Court directed the government to appoint permanent chief justice of high courts where acting chief justices were working within thirty days of the judgment. The permanent chief justice were directed to process the case of those judges whose appointment had been held invalid/unconstitutional under the judgment for regularization of the appointment of those judges who were qualified or fit to be a appointed. It meant that those amongst the appointees who had been confirmed on the recommendation of the acting chief justice and found to be not qualified or fit for appointment were to be dropped.

This judgment proved to be a red rag to the bull. Benazir took it as a personal affront to her. She could no longer make arbitrary appointments to the judiciary and those already made by her were re-opened for review. Once again, the judicial establishment had done her in. after all, these appointments were not the first of their kind. The previous government had also made similar and, at times, equally outrageous appointments. It was all the more painful that this was done to her by someone whom she had favoured by appointing him ahead of his senior colleagues. Her reaction to the judgment was confrontational. She criticized, even ridiculed, the judgment publicly before parliament and the press. She made no secret of her feeling that she had been betrayed by a person who was her beneficiary. Even during the course of the hearing, there were strong rumours that the government was trying to pressure the chief justice through various means. All this did not make an impression on the chief justice whose resolve only hardened. What began as a difference of opinion developed into a bitter personal feud, which became one of the main reasons for the downfall of Benazir’s government.

The judges’ judgment is indeed an important milestone in the judicial history of Pakistan. It made consultation with chief justice on the matter of appointment of judges effective and meaningful. The undesirable practices of appointing ad hoc judges to the Supreme Court and acting chief justices of the high court were done

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away with. Such appointment had degenerated into vehicles for rendering the judiciary subservient to the wishes of and pressures from the executive. Recognition of the convention/practice of appointment of the senior-most judge of the high court as it chief justice was a step in the right direction. This would eliminate the possibility of in-fighting or bickering amongst judges and would render the superior judiciary self-operative, free from fear of and inducement from the executive. Continuation in office by the judges was no longer left to the vagaries of changing governments. Their appointment as permanent judges, after having served as additional judges was, to some extent, made self-operative.

Nevertheless, the judgment was not without its shortcomings. It suffered from the inherent defect of being passed in a case where the judges were interested in its outcome. Certain interpretations of constitutional provision were beyond the recognized principles of statutory or constitutional interpretation and bordered on re-writing the constitutional provision concerned. It was laid down that the appointment /confirmation of judges on the consultation of an acting chief justice would be invalid, but the same principles was not extended to those appointed as judge on the consultation of the acting chief justice during Zia’s government . it is quite unusual in the annals of constitutional law for one provision of the constitution to have superceded another . it is also unusual that a provision of the constitution is held to be inoperative and ineffective.

Be that as it may, the overall impact of the judgment was healthy and it restored the eroding public confidence in judicial institution. The judgment became instantly popular in the public at large and attracted a lot of attention from the press and other public for a. when Benazir’s government offered resistance to it implementation; it became a rallying point for the political parties in opposition. The bar councils and the bar association throughout Pakistan passed resolution in its favour and became the

vanguard of the movement for its implementation.

Benazir’s government adopted a self destructive attitude towards the judgment. While it agreed to implement the judgment and actually took certain steps towards it’s implementation, it adopted a hostile attitude towards the judges responsible for it, particularly towards the chief justice.

Despite her resentment, the judges’ judgment was implemented. Permanent chief justices were appointed in the three high courts within thirty days. Ad hoc judges in the Supreme Court were relieved and repatriated to their respective high courts. A number of high court judges appointed during Benazir’s government who did not

meet the criteria were laid off.

After trying to retain the judges who, after scrutiny by the chief justice, were recommended to be dropped, this six month struggle came to an end on 30 September 1996. Benazir advised the president to notify the regulation of twenty nine judges of the high court, which included fourteen judges of the Lahore high court, ten of the sindh high court, and five of the Peshawar high court. Those who were not regularized and thus laid off were eleven in all, including seven judges of the Lahore high court, three of the sindh high court, and one of the Peshawar high courts. Another seven judges who were not recommended for regularization had already resigned. Their resignations were secured by the government. The president accepted those

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resignations which were received by him before 21 September, 1996. He returned five which he received after the date.

Benazir and her government did not give in easily. There were certain other political events in September 1996 that led to the surrender of her government. On 20 September 1996, Benazir’s brother Murtaza Bhutto was shot and killed in Karachi near his residence, apparently in a police encounter. The government and Benazir’s husband zardari in particular, were blamed for the death. Another factor was the rift between for some time, but came to the surface on 21 September 1996 when laghari filed a reference on his own before the Supreme Court seeking its opinion on the question of whether he was bound by the advice of the prime minister in appointing judges to the superior courts.

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APPENDIX XXIII

PAKISTAN 1990 LEGISLATIVE ELECTION

Chamber National Assembly

Date of Election October 24 and 27, 1990

Type of Electoral System Majority

Number of Seats Available 237*

Length of Legislative Term 5 Years

Number of the

Seats**

Percentage of

Votes

Islam-e-Jamhoori Ittehad (IJI-Islamic Democratic Alliance)

105 -

People’s Democratic Alliance (PDA) 45 -

Muhajir Qaumi Mahaz (MQM-

Muhajir National Movement 15 -

Awami National Party (ANP) 6 -

Assembly of Islamic Clergy (JUI-Assembly of Islamic Clerty)

6 -

Others 8 -

Independents 21 -

Vacant 1*** -

*217 seats (207 Muslim, 10 non-Muslim) were filled by direct election, with 20 reserved for women chosen by elected members.

**election results of Muslim seats only.

***Voting in one constituency was deferred because of the death of candidate.

Population Size 112 049 000

Registered Voters 47 065 330

Total Votes 21 395 476

Vote/Registered Voter 45.5%

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Spoilt Ballots 1.1%

411

APPENDIX XXIV

VOTER TURNOUT DATA FOR PAKISTAN

The table below shows the statistics from recent elections in Pakistan. The data has been verified where page. You can click on any cell to see when the data was last reviewed. You can also help us make the; database suggesting updates or correction.

Parliamentary

http://www.idea.int/vt/countryview.cfm?CountryCode-PK

Year

Voter

Turn-

Out

Total vote Regi-

stration

VAP

Turn-

out

Voting age

popu-

lation

Popu-

lation

Invalid

Votes

Com-

mon

Vote

2008 44.55% 35,610,001 79,934,801 38,77% 91,856,744 164,741,924 2,70% No

2002 41.80% 29,829,463 71,358,040 38.93% 76,627,450 144,616,639 2.60% No

1997 35.17% 19,058,131 54,189,534 31.47% 60,565,705 137,649,330 1.305 No

1993 40.28% 20,293,307 50,377,915 37.56% 54,032,880 122,802,000 1.30% No

1990 45.46% 21,295,479 47,065,330 43.40% 49,301,560 112,049,000 110% No

1988 43.07% 19,903,172 46,206,055 42.91% 46,379,960 105,409,000 1.50% No

1985 52.93% 17,250,482 32,589,996 41.71% 42,367,400 96,180,000 2.40% No

1977 55.02% 17,000,00 30,899,152 46.94% 36,213,120 75,444,000 No

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APPENDIX XXV

PAKISTAN 1993 LEGISLATIVE ELECTIONS

Chamber National Assembly

Date of Election October 24 and 27, 1990

Type of Electoral System Majority

Number of Seats Available 237*

Length of Legislative Term 5 Years

Number of the Steas**

Percentage of Votes

Pakistan People’s (PPP) 86 -

Pakistan Muslim League-Nawaz (PML-N)

73 -

Pakistan Muslim Junejo (PML-J) 6 -

Islamic Jamhoori Mahaz (IJM) 3 -

Awami National Party (ANP) 3 -

Muttahida Deeni Mahaz (MDM) 3 -

Pakhtoon Khawah Milli Awami Party (PKMAP)

3 -

Pakistan Islamic Front (PIF) 3 -

Jamhoor Watan Party (JWP) 2 -

Baluchistan National Movement-Hai (BNM-Motion)

1 -

National Democratic Alliance (NDA) 1 -

National People’s Party (NPP) 1 -

Pakhtoon Khawah Quami Party (PKQP)

1 -

Independents 15 -

Vacant 5 -

*217 seats (207 Muslim, 10 non-Muslim) were filled by direct election, with 20

reserved for women chosen by elected members.

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**Election results of Muslim seat only.

Population Size 122 802 000

Registered Voters 55 000 000

Total Votes 22 550 000

Vote/Registered Voter 41.0%

Spoilt Ballots -

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APPENDIX XXVI

PAKISTAN 1997 LEGISLATIVE ELECTION

Chamber National Assembly

Date of Election February 3, 1997

Type of Electoral System Majority

Number of Seats Available 237*

Length of Legislative Term 5 Years

Number of the Steas**

Percentage of Votes

Pakistan Muslim League-Nawaz (PML-N

137

Pakistan People’s (PPP) 18 -

Muhajir Qaumi Mahaz (MQM-Nationalist People’s Movement)/ Haq Parast Group

12

Awami National Party (ANP) 10

Baluchistan National Party (BNM) 3 -

Jamilat-Ulema-e-Islam (Fazlur Group) Jui-F-Assembly of Islamic Clergy)

2

Jamhoori Watan Party (JWP) 2

Pakistan People’s Party (Shaheed Bhutto faction) (PPP-SB)

1

National People’s Party (NPP) 1

Independents 21

*217 seats (207 Muslim, 10 non-Muslim) were filled by direct election, with 20

reserved for women chosen by elected members.

**Election results of Muslim seat only.

Population Size 137 649 330

Registered Voters 54 189 534

Total Votes 19 058 131

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Vote/Registered Voter 35.2%

Spoilt Ballots 2.3%

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APPENDIX XXVII

THE CONSTITUTION (Thirteenth Amendment) ACT, 1997

Further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing:

It is hereby enacted as follows:-

1. Short title and commencement

(1) This Act may be called the Constitution (Thirteenth Amendment) Act, 1997.

(2) It shall come in to force at once.

2. Amendment of Article 58 of the Constitution

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the

Constitution, in Article 58, in clause (2) sub-clause (b) shall be omitted.

3 Amendment of Article 101 of the Constitution

In the Constitution, in Article 101, in clause (1) for the words “after consultation

with” the words “on the advice of” shall be substituted.

4. Amendment of Article 112 of the Constitution

In the Constitution, in Article 112, in clause (2) sub-clause (b) shall be omitted.

5. Amendment of Article 243 of the Constitution

In the Constitution, in Article 243, in clause (2) in sub-clause (c) the words “in his discretion” shall be omitted.

STATEMENT AND OBJECTS OF REASONS

In order to strengthen parliamentary democracy, it has become necessary to restore some of the powers of the Prime Minister which were taken away by the Constitution (Eighth Amendment) Act 1985. The Bill seeks further to amend the Constitution of the Islamic Republic of Pakistan to achieve the aforesaid purpose.

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APPENDIX XXVIII

FOURTEEN AMENDMENT

With two-thirds majority in both Houses of Parliament, Nawaz Sharif had the Constitution (Fourteenth Amendment) Act, 1977 passed on 3 July 1997. This amendment was apparently introduced in order to put to an end to the problem of defections. Like the Thirteenth Amendment, this one too was also rushed through Parliament in a matter of minutes around was passed unanimously.

The Fourteenth Amendment added Article 63-A to the Constitution. It provides that if a member of Parliament or Provincial Assembly defects, then the head of the political party to which he belongs or on whose ticket he was elected himself or through another person authorized in this behalf may give notice to him to show cause within seven days on why disciplinary action be not taken against him. After the show cause notice, the disciplinary committee of the party would decide the matter if pertains to breach of party discipline such as violation of the party constitution, code of conduct, or declared policies. In case of a decision against such a member, he can appeal to the head of the party whose decision would be final. In case a member votes contrary to any direction issued by the parliamentary party to which he belongs, or abstains from voting against party policy in relation to any Bill, the head of the party concerned, after examining his explanations, would determine whether or not such member has defected. The presiding officer of the House to which the member concerned belonged would be sent the decision who would transmit it within two days to the Chief Election Commissioner who, in turn, would give effect to the decision within seven days of its receipt.

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APPENDIX XXIX

FIFTEENTH AMENDEMENT

In August 1998, the Nawaz Sharif regime once again tried to amend the Constitution through introduction of The Constitution (Fifteenth Amendment) Bill on 28 August 1998. The proposed amendment would have had profound impact on the character of the Constitution, if passed by the Parliament. The Bill contained the following provisions:

“Addition of new Article 2B in the Constitution:- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the said Constitution, after Article 2A, the following new Article shall be inserted, namely:

2B. Supremacy of the Quran and Sunnah:

(1) The Holy Quran and Sunnah of the Holy Prophet (peace be

upon Him) shall be the supreme law ofPakistan.

Explanation: In the application of this clause to the personal law of any Muslim sect, the expression ‘Quran and Sunnah’ shall mean the Quran and Sunnah as

interpreted by that sect.

(2) The Federal Government shall be under an obligation to take steps to enforce the Shariah, to establish salat, to administer Zakat, to promote amr bil ma’roof and nahi anil munkar (to prescribe what is right and to forbid what is wrong), to eradicate corruption at all levels and to provide substantial socio-economic justice, in accordance with the principles of Islam, as laid down in the Holy Quran and

Sunnah.

(3) The Federal Government may issue directives for the implementation of the provisions set out in clauses (1) and (2) and may take the necessary action against any state functionary for non-compliance of the said directives.

(4) Nothing contained in this Article shall affect the personal law,

religious freedom, traditions or customs of non-Muslims and their status as citizens.

(5) The provisions of this Article shall have effect notwithstanding anything contained in the Constitution, any law or judgment of any Court’.

Amendment of Article 239 of the Constitution: In the Constitution, in Article 239, after clause (3) the following new clauses shall be inserted, namely:

(3A) Notwithstanding anything contained in clause (1) to (3), a Bill to amend the Constitution providing for the removal of any impediment in the enforcement of any matter relating to Shariah and the implementation of the Injunctions of Islam may originate in either House and shall, if it is passed by a majority of the members voting in the House in which it originated, be transmitted to the other House; and if the Bill is passed without amendment by the majority of the members voting in the other House also, it shall be presented to the President for assent.

419

(3B) If a Bill transmitted to a House under clause (3A) is rejected or is not passed within ninety days of its receipt of is passed with amendment is shall be considered in a joint sitting.

(3C) If the Bill is passed by a majority of the members voting in the joint sitting, with or with or without amendment, it shall be presented to the President for assent.

(3D) The President shall assent to the Bill presented to him under clause (3A) or clause (3C) within seven days of the presentation of the Bill”.

The bill generated heated debate throughout the country. The opposition in the Parliament was almost united against the Bill and there was even some resistance from within the PML(N). Nawaz Sharif called upon the members of the Parliament from his party, who were opposed to the Bill, to resign. Consequently the opposition within the party caved in under such threat. Though the Bill was somewhat modified to appease such members of the party, the main provisions were retained. The clauses relating to executive directives and the constitutional amendment by simple majority were withdraw. The Bill was tabled before the National Assembly on 9 October 1998 and it passed by 151 in favour and 16 against it. The members of the National Assembly voting in favour of the Bill included 143 from PML(N), seven FATA members and Hasil Bizenjo from Balochistan. Members belonging to the MQM remained absent from the House. The members belonging to minorities were present in the House but they did not participate the House voted against the Bill.

The Bill was not presented before the Senate because Nawaz Sharif government did not have the required two-third majority there. The Bill was initially kept back to be tabled after March 2000, when elections to half the membership of the Senate were due to be held and it was expected PML(N) would then acquire two-third majority in the Senate. Later however, Nawaz Sharif government was overthrown through a military take over in October 1999, before

Senate elections could take place.

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APPENDIX XXX

THE QUALIFICATION TO HOLD PUBLIC OFFICES ORDER, 2002

Chief Executive’s Order No. 19 of 2002

July 6, 2002

AN

ORDER

to provide for limitations to hold highest public offices

WHEREAS it is imperative the consolidate the measures taken by Chief Executive of Pakistan for the achievement of the objective of reconstruction of the institutions of State for establishing genuine and sustainable democracy to ensure good governance for an irreversible transfer of power to the people of Pakistan;

AND WHEREAS it is necessary to strengthen the democratic institutions by putting limitations for holding the highest public offices for not more than the specified terms and matters connected therewith the ancillary thereto;

AND WHEREAS the Chief Executive is satisfied that circumstances exist which render it essential to take immediate action:

NOW, THEREFORE, in pursuance of the proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitutional Order No. 1 of 199,and in exercise of all the powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the following order:

1. Short title, extent and commencement:

(1) This Order may be called the Qualification to Hold Public Offices Order, 2002.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Qualification to hold certain public offices:

Not withstanding anything contained in the Constitution or any other law for the time being in force, a person who has, at any time held the office of the Prime Minister, or that of a Chief Minister of a Province or a combination of such offices for two terms, irrespective of whether any one of the two or both the terms of office were completed or not, shall not be qualified to hold the office of the Prime Minister or that of a Chief Minister.

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APPENDIX XXXI

PAKISTAN 2002 LEGISLATIVE ELECTION

Chamber National Assembly

Date of Election October 20, 2002

Type of Electoral System Majority

Number of Seats Available 342*

Length of Legislative Term 5 Years

Number of the Seats # Percentage of Votes

Pakistan People’s Party Parliamentarians

(PPP) 80 28.42%

Pakistan Muslim League-Quaid-e-Azam (PML-Q)

118 26.3%

Muttahida Majlis-e-Amal Pakistan (MMA) 59 12.28%

Pakistan Muslim League-Nawaz (PML-N) 18 12.71%

National Alliance (NA) 16 0.49%

Sindh Democratic Alliance

-

-

Millat Party (MP) - -

Otehrs - -

Muttahida Qaumi Movement (MQM-

Nationalist Peoples’s Movement) 13 3.1%

Pakistan Muslim League-Functional (PML-F)

4 1.1%

Pakistan Muslim League-Junejo (PML-J) 2 0.7%

National People’s Party-Sherpao (PPPS) 2 0.3%

Tehrik-e-Insaaf (Justice Movement) 1 0.8%

Pakistan Awami Tehrik (PAT-Pakistan People’s Movement)

1

Jamhoori Watan Party (JWP) 1

Pakistan Muslim League-Zia-ul-Haz-Shaheed (PML-Z)

1

Pakistan Democratic Party (PDP) 1

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Baluchistan National Party (BNP) 1

Independents 21

*272 members were elected in single seat constituencies; 10 seat for minorities and 60 reserved for women nominated by political parties in accordance to their share of

National Assembly seats.

Population Size -

Registered Voters 71 358 040

Total Votes 29 829 463

Vote/Registered Voter 41.80%

Spoilt Ballots 2.6%

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APPENDIX XXXII

CONSTITUTION (Seventeenth Amendment) ACT, 2003

A Bill further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement

(1) This Act may be called the Constitution (Seventeenth Amendment) Act, 2003

(2) It shall come into force at once.

2. Amendment of Article 41 of the Constitution

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 41,

(1) In clause (7), in paragraph (b), for the full stop at the end, a colon shall be

substituted and thereafter the following proviso shall be added, namely;

Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004”;

And

(2) after clause (7) amended as aforesaid, the following new clauses shall be

added, namely:-

“(8) Without prejudice to the provisions of clause (7), any member or members of a House of Majlis-election-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government under clause (9), of the electoral college consisting of members of both Houses of Majlis-election-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-election-Shoora (Parliament) and of each Provincial Assembly summoned for the purposed, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court of forum on any ground whatsoever.

(9) Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated and conducted by the Chief Election Commissioner in

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accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government:

Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office”.

3. Amendment of Article 58 of the Constitution

In the Constitution, in Article 58, after clause (2), the following new clause shall added, namely:-

“(3) The President case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final”.

4. Amendment of Article 112 of the Constitution

In the Constitution, in Article 112, after clause (2), the following new clause shall be added, namely:-

“(3) The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of clause (2) shall within fifteen days of the dissolution refer the matter to the Supreme Court with the previous approval of the President and the Supreme Court shall decide the reference within thirty days whose decision shall be final”.

5. Omission of Article 152 a of the Constitution

In the Constitution, Article 152 A shall be omitted.

6. Substitution of Article 179 of the Constitution

In the Constitution, for Article 179 the following shall be substituted, namely:

“179. Retiring Age-

A judge of the Supreme Court shall hold office until he attains the age of sixty five years, unless he sooner resigns of is removed from office in accordance with the Constitution”.

7. Substitution of Article 195 of the Constitution

In the Constitution, for Article 195, the following shall be substituted, namely:

“195 Retiring Age-

A judge of the High Court shall hold office until he attains the age of sixty-two years, unless he sooner resigns or is removed from office in accordance with the

Constitution”.

8. Amendment of Article 243 of the Constitution

In the Constitution, in Article 243, in clause (3), for the words “in his discretion” the

words “in consultation with the Prime Minister” shall be substituted.

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9. Amendment of Article 268 of the Constitution

In the Constitution, in Article 268 in clause (2) for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:

Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand omitted after six year”.

10. Substitution of Article 270-AA of the Constitution

In the Constitution, for Article 270-AA, the following shall be substituted, namely:-

“270-AA Validation and affirmation of laws etc.

(1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President’s orders, Ordinances, Chief Executive’s Orders, including the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive’s Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework (Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 20020 and all other laws made between the twelfth day of October, One thousand nine hundred and ninety-nine and the date on which this Article comes into force (both days inclusive), having been duly mad or accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.

(2) All orders mad, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Chief Executive’s Orders, enactments, including amendments in the Constitution, notifications, rules, orders, by-laws or execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.

(3) All Proclamations, President’s Order, Ordinances, Chief Executive’s Orders, laws, regulations, enactments, including amendments in the Constitution, notification rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force, until altered, repealed or amended by the competent authority.

Explanation: In this clause,” competent authority” means,-

(a) in respect of President’s Orders, Ordinances, Chief Executive’s Order and enactments, including amendments in the Constitution, the appropriate Legislature; and

426

(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority or any persons, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served

thereby”.

Statement of objects and reasons

This Bill seeks to amend Article 41, 58, 112, 152A, 179, 243, 268 and 270 AA

of the Constitution as under:-

(a) Article 41 is sought to be amended to add a proviso to paragraph (b) of clause (7) and after clause (7) amended as aforesaid, new clauses (8) and (9) empowers the

Federal Government to make rules for conducting vote of confidence.

(b) Article 58 is sought to be amended to the effect that on dissolution of the National Assembly in term of paragraph (b) of clause (2) of Article 58, the President

shall refer the matter to the Supreme Court.

(c) Article 112 is also being amended on the lines of amendment proposed in Article 598.

(d) Article 152 A is proposed to be omitted.

(e) Article 179 is proposed to be substituted.

(f) Article 195 is proposed to be substituted.

(g) The amendment in Article 243 substitutes the expression “in his discretion” with the expression” in consultation with the Prime Minister”.

(h) The amendment in clause (2) of Article 268 seeks to omit entries 27 to 30 and entry 35 in the Sixth Schedule after six years.

(i) Article 270 AA is to be substituted for providing affirmation and continuation of all laws made and actions taken between the twelfth day of October, 1999, and the day on which this Article comes into force.

12. The Bill seeks to achieve the aforesaid objects.

427

APPENDIX XXXIII

2008 ELECTION RESULTS AS ANNOUNCED BY THE

EELECTION-COMMISSION

NATIONAL ASSEMBLY

Parties Votes % Elected

Seats

Reserved

Seats

(Women)

Reserved

Seats

Minorities)

Total

Pakistan People

Party 10,606,486 30.6% 94 23 4 121

Pakistan Muslim

League (N) 6,781,445 19.6% 71 17 3 91

Pakistan Muslim

League (Q) 7,989,817 23.0% 42 10 2 54

Muttahida Qaumi

Movement 2,507,813 7.4% 19 5 1 25

Awami National

Party 700,479 2.0% 10 3 0 13

Muttahida Majlis-e-

Amal Pakistan Jamia Ulema-

eIslam

772,798 2.2% 5 1 0 6

Pakistan Muslim

League (F) 4 1 0 5

Pakistan Peoples

Party (Sherpao) 14.,707 0.4% 1 0 0 1

National Peoples

Party 1 0 0 1

Balochistan National Party

1 0 0 1

428

(Awami)

Independents 18 0 0 18

Total 34,665,978 100% 266 60 10 336

429

APPENDIX XXXIV

PARLIAMNET DATA 2008

Data Sheet From the Members of Pakistan’s National Assembly,2008

Variables Sub questions Options Responses Percentages

Political

Variable

Meet with Voters

Once in a Week

Once in a Month

Once in a Three Months

No Response

85

7

7

15

74.6%

6.1 %

6.1 %

13.2 %

Prevalent Practices of Rigging

Dami Vote

No Response

57

57

50 %

50 %

Proposed a Bill in Assembly

Yes

No

No Response

75

26

13

65.8 %

22.8%

11.4 %

Tenure of 5 years Government

Yes

No

107

7

93.9%

6.1 %

Mid Term Elections should be held

Yes

No

No Response

80

27

7

70.2 %

23.7 %

6.1 %

Party Elections for

various Positions Yes

No

82

32

71.9 %

28.1%

Change of Party leader after 5 years

Yes

No

No Response

57

50

7

50 %

43.9 %

6.1 %

Kind of Political Party Personality Dominated

Mass Oriented

No Response

57

50

7

50 %

43.9 %

6.1 %

Any Criteria to become member of the Party

Yes

No

45

69

39.5 %

60.5%

430

Worker’s Welfare Scheme

Yes

No

No Response

91

16

7

79.8 %

14.1 %

6.1 %

Method to Mobilize People

Through Speeches

Through Direct Meeting

57

57

50 %

50 %

Position in Party

Structure Top Official

Common Worker

27

87

23.7 %

76.3 %

Nature of Political Party

Ideological

Personality Dominated

91

23

79.8%

20.2 %

Party Alliances

Yes

No

80

34

70.2 %

29.8 %

Party Leaders influences the

Selection of Candidate

Yes

No

No Response

72

31

11

63.2 %

27.2 %

9.6 %

Number of Political Parties suit Pakistan

Two

Three

Four

More

No Response

26

24

7

50

7

22.8%

21.1 %

6.1 %

43.9 %

6.1 %

Two Party System

Yes

No

No Response

50

57

7

43.9 %

50 %

6.1 %

Separation of power to ensure rights of people

Yes

No

No Response

80

27

7

70.2 %

23.7 %

6.1 %

Social

Variable

Schooling Public Sector School

Private Sector School

101

13

88.6 %

11.4 %

Good Education resolves Problem

Yes

No

107

7

93.9 %

6.1 %

431

Kind of Education Education for Knowledge

Professional Education

Technical Education

51

14

49

44.7 %

12.3 %

43 %

Focused Education

Religious

Secular

Both

7

40

67

6.1 %

35.1%

58.8 %

Social Problems of the Area

Crime

Health

Education

Unemployment

7

61

21

25

6.1 %

53.5 %

18.5%

21.9 %

Social Activities for Welfare of the People

Education

Health

Employment

Welfare

62

7

15

30

54.4 %

6.1%

13.2 %

26.3 %

Steps to Control Crime

Police

Administration

General People

No Response

45

15

47

7

39.5 %

13.2 %

41.2 %

6.1 %

Economic

Variables

Occupation

Landowner

Businessman

Industrialist

Professional

No Response

46

12

7

37

12

40.4 %

10.5 %

6.1 %

32.5 %

10.5 %

Member of which Class

Rich Class

Upper Middle Class

Middle Class

Lower Middle Class

No Response

15

15

62

15

7

13.2 %

13.2 %

54.4 %

13.2 %

6.1 %

Measures to Improve Foreign Aid 19 16.7%

432

Economic Conditions

Self Reliance

Efficient Organization

No Response

81

7

7

71.1 %

6.1 %

6.1 %

Steps to Alleviate Poverty

Enhancing Investment

Help to Establish Factories

Using Personal Influence

No Response

30

32

36

16

26.3 %

28.1 %

31.6 %

14%

Distribution of Funds

Need of the People

No Response

102

12

89.5 %

10.5 %

433

APPENDIX XXXV

QUESTIONANAIERE FOR SOCIAL SCIENTIST

Role of Political Leadership in Democratization of Pakistan

1971-2008

Ph.D Thesis

Questionnaire

Presented by

Fauzia Ghani

Assistant Professor

Political Science Department

GC University, Lahore

This questionnaire has been prepared to collect the data from Social Scientists of Pakistan. It will be highly confidential. Information will not be provided to any one without the prior permission of the person concerned.

Q1: What are the causes of failure of political institutions in Pakistan?

• Political Culture and Political Parties

• Military

• Economy

Q2.What method is more effective to mobilize people by the national leaders?

• Public gatherings

• Protest/Agitation

• Clarity of Agenda and manifesto

Q3.Do you think that two party system can increase healthy opposition in

Pakistan?

• Yes

• No

• No Opinion

Q4. Were leaders of Pakistan successful in managing diversities? (Ethnic issues)

• Larger Extent

434

• lesser Extent

• Certain Extent

Q5.Do you think that national leaders generally believe in Rule of Law?

• Totally

• Partially

• Not at all

Q6.Who is responsible to inculcate political culture among people of Pakistan?

• Leaders

• Political parties

• Intellectuals

Q7. Is election a way to recruit a leader on merit, in Pakistan?

• Totally

• Partially

• Not at all

Q8.The principle of separation of powers in the Pakistan’s Constitution is

utilized more by

• Prime Minister

• Judiciary

• President

Q9.What major measures are taken, up till now, by national leaders to manage

economy of the country?

• Through Privatization

• Through Nationalization of Industries

• Through Foreign Direct Investment(FDI)

Q10. What kind of political parties suit Pakistan’s political system?

• Ideological

• Personality oriented

• Parochial

435

APPENDIX XXXVI

QUESTIONANAIERE FOR PARLIAMENTARIAN

Role of Political Leadership in Democratization of Pakistan

1971-2008

Ph.D Thesis

Questionnaire

Presented by

Fauzia Ghani

Assistant Professor

Political Science Department

GC University, Lahore

The questionnaire has been prepared to collect the data from the members of National Assembly of Pakistan. It will be highly confidential. Information will not be provided to any one without the prior permission of the person concerned.

Political Variable

Q1: Do you meet your voters:

� Once in a weak

� Once in a month

� Once in a three months

� Once in a six months

Q2: What kind of prevalent practices of rigging in elections in your

constituency?

� ________________________

� ________________________

� ________________________

Q3: Have you ever proposed or presented a bill in Assembly?

Yes/No

Q 4: Do you think that tenure of 5 years for a government is enough to prove its

abilities?

Yes/No

436

Q5: If ruling party will lose the majority, Midterm Elections should be held?

Yes/No

Q6: Do you have party election for various positions within a party?

Yes/ No

Q7: Do you agree to change party leader after every five years?

Yes/ No

Q8: What Kind of your political Party is?

• Personality Dominated

• Mass oriented

Q9: Is there any specific criteria/method to become member of

your Party?

Yes/No

Q10: Is there any worker’s welfare scheme of your party?

Yes/No

Q11: Which way you adopted to mobilize people

� Through Speeches

� Through direct meetings

� To make attractive promises with them

Q12: Where do you place yourself in party structure?

� Top official

� Administrator

� Common worker

Q13: What is the nature of your political party?

� Ideological

� Personality dominated

� parochial

Q14:Do you think that there should be party alliances during elections?

Yes/No

Q15: Can party leader influence the selection of the candidates?

437

Yes/No

Q16: How many political parties are needed for the stability of the country?

� Two

� Three

� Four

� More

Q17: Do you think that two party system increases healthy opposition instead of

multi-party system

Yes/No

Q18: It is said that separation of powers as provided by the constitution is

fundamental of ensuring the interests of the people

Yes/No

Social Variable

Q19: From where your schooling was?

� Public Sector School

� Private Sector School

Q20: Do you think / consider good education can resolve all kinds of

problems?

Yes / No

Q21: What kind of education you consider is the need of the country?

� Education for Knowledge

� Professional Education

� Technical Education

Q22: What kind of education should be focused in the country?

� Religious

� Secular

� Both

� Any other--------------

Q23: In order to preference what are the social problems of your area?

438

� Crime

� Health

� Education

� Unemployment

Q24: What kind of Social activities performed by you for welfare of the people

of your area?

� Education

� Health

� Employment

� Welfare

Q25: What Steps you have taken for controlling crimes in your area?

� By keeping contact with

� Police

� Administration

� General people

Economic Variable

Q26: Your occupation

� Landowner

� Businessman

� Industrialist

� Professional

Q27: Do you regard yourself member of

� Rich Class

� Upper Middle class

� Middle Class

� Lower middle Class

� Poor

Q28: Measures by which Pakistan’s economic conditions can improve

439

a)Foreign Aid b)Self Reliance c) Efficient Organizations

Q29: What you have done up till, now to alleviate poverty in your area?

� Enhancing Investment

� Help to establish factories

� Using personal influence

Q30: While taking decisions for distribution of government funds, you consider

� Need of the people

� Status of the people

� Influence of the people