Balancing the power

LAHORE - Against the background that a 28-member Constitutional Reform Committee of the political representatives is already in place, the Constitutional matters have gained added focus following statement by the Prime Minister wherein he termed the Constitution a hotchpotch of parliamentary and the presidential systems, meaning that in the present shape it is oscillating between the two requiring a definite shape. The constitutional and the political experts believe that it is a call for giving the Constitution its true shape that was envisaged as parliamentary democracy in 1973, wherein the Prime Minister has been given upper hand in the exercise of powers, being elected directly with the public vote. We had the examples of President Fazal Elahi Chaudhry and Muhammad Rafiq Tarar, who had a figure head role of their office in the executive matters, led the PM to concentrate more and more constitutional powers in his office leaving no room for a civil arbiter to sort out the political issues and to make the army intervention inevitable to clean the muddle. In the second case, a dictator-President having no roots in the masses relied totally on the Constitutional powers and forcibly turned it to his favour to get a carte blanche and stay in power as per his will. Thus he and his civilian successors never let an elected government complete the terms and kept it under constant pressure. In a true democratic dispensation, dictatorial tricks seldom find approval as the top office-holders therein derive powers from the public support than banking on the back-door means. The existing Constitution is marred by irritants like 17th Amendment and the Article 58(2)b brought in by the last dictator Pervez Musharraf in his benefit only and turn the Constitution into the presidential form. When Musharraf became American chum in the war on terror, he made full use of the autocratic powers to serve his 'friend, which also became his constituency to stay in power in a mutual interest game. Musharraf has gone and a democratic set up is in place but the war is on with added pressure from America testing nerves of the political side even in decision-making on the Constitutional matters. The PPP and the PML (N) irked by of Musharrafs amendments had inked the Charter of Democracy (CoD) to bring back the Constitution into its original shape. But the CoD for PML (N) is now not more than a 'bit of paper for it is annoyed, as it is not being implemented despite the change of guard and both the parties in power. As to the delegation of Constitutional powers to the two top offices, division is visible on public and the political side somewhat proportionate to their acceptance to the terror-war as ours or of others but made ours. The need for the Constitutional reform given the current situation purports not only to plug the way of Martial Law and to make the system progress uninterruptedly through a good working relationship of the top functionaries, but it also calls for taking into account some material facts. For it, the experts say, the committee has to act very carefully and responsibly in its efforts to give a true democratic shape to the constitution. A political section wants balance of powers without making the President like Fazal Elahi, while the other wants repeal of the irritants of the 17th Amendment and Article 58 (2) b to see the president like it is in India or the Queen in Britain. Without undermining Article 58 (2) b, the experts give more significance to the appointment of Governors, Services Chiefs and other Constitutional office-holders, who have been placed under the authority of President through the 17th Amendment. As to Article 58 (2) b, the Supreme Court has now compulsorily come into the picture to scrutinize dissolution of the assemblies for which the president has discretionary powers under it. And if the committee does not undo this article it may make it more watertight. Legal wizards are pleased that the public struggle has achieved a judiciary which the people hope would act to comfort them against the issues which otherwise in the past have been taking gruesome shape to pave way for the dictatorship. This shift of mind to a civil forum indeed augers well. But the recent conflicting action on the petroleum prices, they say must not let happen in future and that is possible when issues continue to be democratically with consensus and consultation. And for that ruling side has to do brainstorming. The need is to give such order to the delegation of powers on the executive side that no-one feels envy at the power of others nor the same is exercised for satisfaction of the ego but to serve the national interest. That would keep things go smoothly and the judiciary act like a watchdog, experts say.

ePaper - Nawaiwaqt