Need for the Presidential System?

It is alleged that Zulfiqar Ali Bhutto (ZAB) the chief architect of the 1973 constitution desired to enact a Presidential System of government. Only when he failed in getting consensus, he opted for the current parliamentary dispensation. With our past experience of instability, widespread powers were given to the Prime Minister (PM). His/her removal was made difficult.

During the 1977 political crisis a deadlock was reached. The opposition was demanding re-election for which the PM had to either resign or dissolve the elected assembly. Sardar Shaukat Hayat a stalwart of the Pakistan Movement who had been elected on the PPP ticket tried for in-house change to diffuse the anti-Bhutto campaign but he did not succeed.

Then a vote of no-confidence was moved against Benazir Bhutto by Nawaz Sharif led opposition in 1989 which failed. As PM only ZAB voluntarily dissolved the assembly ahead of its time hoping to take the disjointed opposition by surprise but in the end, he was surprised by the nine-party alliance that was waiting in the wings for a direct one-on-one contest. Despite parliamentary form of government, the Parliament has not been able to exercise its potential in either removing a PM who has crossed the line or protecting the democratic order in case of his dismissal from outside. Only the 1970 legislature which came through a credible ballot played its innings well, and the rest have been a waste of time and resources.

The Constitution is a sacred document that must be respected and followed. All amendments should be made through the due process of law. Unfortunately, the performance of the current House leaves a lot to be desired. The ‘ Moral Awakening ‘ of the legislators remains very un-predictable. Perhaps their past conduct comes in the way of their principled conduct. Their zamir (conscience) awakes at very crucial times otherwise it remains in slumber. Over the years the agencies have collected a lot of data that is carefully stored to be used at appropriate time as and when required.

Interesting times lay ahead. I wish and pray that Pakistan will come first as it did in 1973 when the house performed its duties to the best of its abilities but never after that. This ‘Rogue Democracy’ has ruined the country, this ‘Political Circus’ of the corrupt front benchers in Parliament has to end.

Today the Islamic Republic of Pakistan suffers from a ‘rogue democracy ‘. Despite the best efforts of the current regime the accountability process remains very sluggish. There is lack of seriousness both from the prosecution and the bench, there is no push to bring the process to a close; deadlock exists, neither conviction nor exoneration is achieved, it is just a big circus . Under the circumstances the thugs can make a comeback despite their evident loot and plunder. Massive corruption has taken place in the last 40 years which the system has failed to check.

The current parliamentary system has become hostage to the corrupt, the ball is in their court. Corruption has to be contained as it is no longer affordable. All individuals accused of corruption have to come clean to remain in the political arena. Stalling the legal process due to loopholes cannot save them, they must come clean or face extinction together with the non-performing system.

The debate for the Presidential System should be taken as a wake-up call by all political players if they desire to save the current dispensation. With amenable legislators, the House can very well pass a constitutional amendment allowing Presidential rule for a limited or extended period of time. It is the corruption which has to be contained, all leakages have to be plugged. Revenue shortages and budget deficits have to be corrected. Corruption now threatens the security apparatus of the country.

Due to massive loot, plunder and uncontrolled expenses, Pakistan faces an economic emergency. The state is almost at the brink of collapse. While individual wealth has grown manifold, the institutional framework is bankrupt and nonfunctional. The PM is right in highlighting the menace of corruption and so is his disgruntled MNA from KPK, who said on the floor of the House that the names of the front row occupants should be put on the ECL (Exit Control List) to save the federation. The parliament has lost its efficacy.

Even now the country is being run in quasi-Presidential mode as power is not being devolved as mandated by the constitution. The PM seldom comes to the legislature, where he is usually hounded. The situation in the provinces is the same, the Chief Ministers operate in a similar manner. After the 18th Amendment, while Islamabad has been cut to size the four CMs continue to defy the Constitution.

As the ruling party in Punjab, the PTI (Pakistan Tehreek Insaf) has decided to hold direct elections for the Mayors or Nazims. The PPP (Pakistan People’s Party), despite its democratic credentials, is unwilling to let go large cities like Karachi and Hyderabad. With directly elected Mayors the CMs will be cut to size as mandated by the Constitution. The Jamaat-e-Islami dharna in Karachi is meaningful, the dye has been cast, devolution is on the cards together with containment of corruption at all costs. The Jamaat will gets its piece of pie in the process.

The options are limited. The seating arrangements have to change to save the Parliament front rows have to dealt with. If the courts fail to contain the menace of corruption to cleanse the house, then zamir will come into play. The backbenchers will gladly vote for the Presidential System to save their own skin. As Leader of the House ZAB sought consensus in formulating the 1973 Constitution, he approached Maulana Abul Ala Maududi to seek his support.

This time the files will get the job done within Parliament as the courts have not been able to conclude the trials of the corrupt. Interesting times lay ahead. I wish and pray that Pakistan will come first as it did in 1973 when the house performed its duties to the best of its abilities but never after that. This ‘Rogue Democracy’ has ruined the country, this ‘Political Circus’ of the corrupt front benchers in Oarliament has to end.

Dr Farid A Malik
Dr Farid A Malikhttps://www.pakistantoday.com.pk
The writer is ex-Chairman, Pakistan Science Foundation. He can be contacted at: [email protected].

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