The supremacy of parliament
By Zafar Iqbal
THE simple reality is that since 1953 we have had no democracy. When people now talk about the ‘restoration of democracy’, one wonders what they mean. The reality we are facing is how to create democracy.
People are generally aware that its pre-requisites are: 1. A free press and media; 2. A non-political administrative structure; 3. Free and fair elections periodically; 4. An independent judiciary
They are good slogans but the way they are being enunciated doesn’t amount to much in practical terms. Besides this, there are other problems which need to be resolved if we want to move towards democracy.
Most of us are committed to what is known as the ‘Westminster model’ or the parliamentary form of government. We completely overlook the fact that Britain, until very recently, was completely unitary. It had no concept of federalism. The theory about democracy is fairly simple – the legislature represents public opinion and the executive is responsible to the legislature. What is overlooked is that the legislature feels it is dependent on the executive. If the executive fails, parliament would be dissolved and they would face the uncertainties of another election. How is it to be ascertained that the executive has failed and who is to have the power to dissolve parliament. Although it was not always like this in the UK and the role of the prime minister has evolved over the last two hundred years to the point where it is the prime minister who asks the Crown to dissolve parliament.
It is partly based on convention and partly on the basis of public opinion as exposed through the media. And yet the timing is such that the outgoing government thinks will give it the best chance of winning the next election. Because of the pre-eminence of the executive over the legislature an inherent danger in the Westminster model is prime ministerial dictatorship.
We have been experiencing it since 1972. ZAB was the ablest politician that Pakistan has produced. Unfortunately, he had no interest in democracy. Even though he did not own a large area of land, by nature he was essentially a feudal lord. As soon as he stepped down as president and chief martial law administrator he suspended all the human rights clauses of the Constitution. Mr Bhutto amended the 1973 Constitution seven times between 1974 and 1977. These are as follows:
First Amendment Act: May 8, 1974 – amended: Articles 1, 8, 17, 61, 101, 127, 193, 199, 200, 209, 212, 250, 259, 260, 272 and the First schedule.
Second Amendment Act: Sept 21, 1974: Articles 106 and 260.
Third Amendment Act: Feb 18, 1975: Articles 10 and 232.
Fourth Amendment Act: Nov 25, 1975: Articles 8, 17, 19, 51, 54, 106, 199, 271, 272, 273, amendment of the First Schedule and the Fourth Schedule and Orders passed under Article 199 shall cease to have effect after 60 days.
Fifth Amendment Act: 1976: Articles 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 204, 206, 212, 260, 280, plus amendment of the First schedule and the Fourth Schedule.
Sixth Amendment Act 1976: Articles 179, 195, 246 and 260.
Seventh Amendment Act 1977: May 16, 1977: Insertion of new Article 96-A and Amendment of Articles 101 and 245…
When people talk about the restoration of the 1973 Constitution one wonders what it is that they are talking about. Bhutto contrived to make the Constitution and the ‘machinery of government’ – the so-called bureaucracy to become completely subservient to the prime minister which led to what is widely seen as the outright rigging of elections in 1977. All successful government servants have since become politicised. Currently they are allied either with the PPP or the PML-N. One doesn’t know what is going to happen next.
Mr Bhutto was only concerned with political issues: economic management was infra dig. Total censorship remained in place. To complete the picture, the Dalai Camp was set up in Azad Kashmir. It is important to understand the first PPP government’s performance and attitude towards democracy as ZAB’s prime ministership has been secretly treated as the ideal by all subsequent prime ministers. Fortunately, they were unable to reach the same pinnacle of power, possibly because they were nowhere near as competent in influencing and persuading people. We should therefore be cautious when we talk about the ‘restoration of democracy.’
No political leader is likely to even mention prime ministerial dictatorship. Because that is what they all want to become. We were fortunate that Mr Nawaz Sharif failed to become Amir-ul-Momineen because of the Senate. If we are serious about progressing towards democracy the Senate has to be strengthened and made effective similar to the US Senate. It is one of the basic requirements of federalism: Pandit Nehru and Dr Ambedkar fudged the Indian Constitution by making the Rajya Sabha the equivalent of the British House of Lords.
In Pakistan the executive is almost totally in command of the legislature given our social and political norms, changing this is not likely in spite of Mr Zardari’s assertion to ensure parliamentary supremacy. Acknowledging the power of the executive many legislators, particularly all independents, would be willing to join the government.
In many cases we are a bunch of provinces rather than a nation. The result is friction between the provinces. Sindh is upset because Punjab, being the upper riparian, controls the flow of water in the Indus and its tributaries. Sindh was naturally upset because Karachi had been taken over by the so-called Urdu speakers in the early years. Although Karachi is now full of people from other parts of Pakistan it still remains ‘Urdu speaking’. Things have improved between urban and rural Sindh, but they are still not what they should be. Punjab, however, still regards so-called Muhajirs as a big nuisance.
The Punjab and the NWFP are not so distant from each other; nevertheless, there was a serious dispute over the Kalabagh dam. There are also other currents and cross-currents so much so that whenever anyone is disappointed they immediately talk about the break-up of the country.
Fortunately we were drifting slowly towards some sort of a concept of nationhood. An effective Senate would speed up the process. What needs to be done is that the Senate should be elected through proportional representation from the provinces. This would make it directly elected and also make its composition a bit different from the lower house. The real problem is that any such development will be opposed by leaders who expect to become prime ministers. Secretly they are all hoping to be dictators.

