Are free and fair polls possible?
By Zafar Iqbal
MS Condoleezza Rice has exhorted or possibly admonished General Musharraf to hold free and fair elections. The only relatively free and fair elections in Pakistan were in 1970 under Yahya Khan who, incidentally, was no champion of democracy but, for some reason, decided to go through this process.
One does not know why he refrained from managing the results of the elections but it seems that he probably did. Perhaps he was certain that no party would emerge with a majority. What induced him to change the parity formula to one man one vote, giving a majority to East Pakistan for the foreseeable future, still remains a profound mystery. However, all elections have subsequently been managed by the executive, the worst being the 1977 elections which were overand gave Z.A. Bhutto’s opponents a chance to mount a major agitation, possibly with support from the CIA. Bhutto himself acknowledged this by offering the opposition a certain number of seats. Negotiations, however, broke down.
After General Ziaul Haq took power, his referendum and subsequent elections appear to have been managed by the ISI and MI. Although they were not free and fair they generated much less controversy compared to the election under ZAB.
There are certain prerequisites which have to be met before one can reasonably expect anything like a free and fair election. The general opinion seems to be that all you need is a strong chief election commissioner. A strong chief election commissioner may be necessary but it is not sufficient.
What is needed in addition is a relatively free press and media which has already happened in spite of the emergency although people keep denying it. If we compare the condition of the press from 1958 to 1999 and today, in spite of the recent code of conduct there is obviously much greater freedom.
However, the most important factor is that the local administration must be nonpolitical and not influence the election process. Unfortunately this has been compromised by the introduction of nazims who are highly likely to try and influence the electoral process. Currently there are reports that nazims may be suspended for some time to prevent them from influencing the local elections. This, however, is not satisfactory because they will be returning to power after the elections and the local administration will have to take that into account.
An independent judiciary is also desirable as a support. Unfortunately, the judiciary had recently, for many reasons, gone to the other extreme and instead of being judicious had become vociferously anti-executive. The method of selecting judges will have to change if we are going to promote an independent judiciary.
We are trying to become a democracy — it is a wild assumption given our previous track record. General Jehangir Karamat, in his illspeech at the Naval Staff College in October 1998, suggested the formation of a National Security Council. He was asked to resign because he also recommended a “neutral, competent and secure bureaucracy and administration at the federal and provincial levels”. There was no question of Nawaz Sharif implementing any such thing. The present (military) government has actually made matters worse.
India, our next-door neighbour, manages to hold relatively free and fair elections. There are many reasons for this. But the underlying platform of support is a politically neutral administrative infrastructure. Some time ago I met a senior official of the personnel ministry in New Delhi to discuss this. He maintained that during elections the district administration generally remained politically neutral.
What has made this difficult in Pakistan? The government structure initially was the same in both countries. There were two elite groups: the soadministrative service or civil service and the foreign service. The other superior services performed rather more limited functions and their pay and prospects were somewhat lower.
In the Bhutto reforms of 1973, the elite nature of the two services in Pakistan was abolished and everyone brought at par. With regard to promotion and prospects, the government formally acquired the right to do as it pleased. The prime minister had complete control over all public servants. Even upright and dignified senior civil servants were reduced overnight to errand boys.
In view of the present structure, the general’s promise to hold free and fair elections is open to serious doubt. The Election Commission, generally headed by a member of the Supreme judiciary, has not covered itself with glory during the last thirty years. How do we get a strong and independent Election Commission now?
To add to the complications, the present arrangement of devolution will further muddy the election process. Something could have been ensured from a competent and upright district management. Unfortunately the NRB seems to have had a deep dislike for the deputy commissioner; one doesn’t know whether it was motivated by ideology or because of some unpleasant personal indignity at the hands of a more than usually pompous DC.
The Pakistan CSP officer tended to model himself on what he thought was the way of the British ICS officer. He regarded himself as very superior and behaved accordingly towards the natives. For the CSP this was caused by a serious lapse in the training process. We were taught criminal law, civil law, revenue law, the Evidence Act, etc. But there was no discussion of how the framework within which the civil service operated after independence had changed. We were no longer racist foreigners serving the government (in Whitehall) but Pakistanis employed by that abstraction known as the state which was sovereign and supposed to be democratic.
I have mentioned the CSP because they and the DMG are the people who come most in contact with the public. Members of other services have rather more limited and specific operations — but in their own way they are not necessarily any better in their attitudes. Whatever their shortcomings, the sudden discontinuation of the role of the DC is likely to result in worse governance.
Free and fair elections are not possible without an appropriately neutral administrative structure. The critical issues, as General Karamat pointed out, are security, competence and (political) neutrality. These are determined by conditions of service including financial and nonincentives, together with selection procedures for entrance and promotion. They have to be substantially independent of political influence, which the Indians appear to have achieved but which we obviously do not like.

