Assuming supreme powers

"PAKISTAN stands at a critical juncture of history," has been the pet phrase of President Pervez Musharraf, post-September 11. And yet no one, not even the ruthless dictator General Zia-ul-Haq, has done so much to polarise the country.

Musharraf has not only exhibited a resolve to consolidate his position but done everything possible to marginalise all political forces that have a mass base, thus widening the gulf between the mainstream political forces and the military government. His May 27 address to the nation, in which he apologised for the excesses of his overzealous administration in ensuring a thumping victory in the April 30 presidential referendum, raised popular expectations.

Musharraf even talked of a process of national reconciliation by inviting leaders of all parties that had boycotted the meet he had convened to deliberate on the border tensions. But the hopes of reconciliation were dashed with the government's decision to go ahead with the controversial amendments to the suspended 1973 Constitution.

The proposed amendments aim not only to make Musharraf the most powerful President Pakistan has ever seen but also to eliminate his potential political rivals once and for all. Former Prime Ministers Benazir Bhutto and Nawaz Sharif could not only be debarred from taking part in elections but disqualified from holding party posts.

Another objective is to institutionalise the role of the Army in governance. A National Security Council (NSC), dominated by the military, would have powers to decide on all matters related to "security and national interest". It must be said to his credit that Musharraf has been candid in his discourses on the need for the involvement of the Army in matters of governance. He has missed no opportunity to talk about the three power-brokers in Pakistan - the President, the Prime Minister and the Chief of the Army Staff - and the need for checks and balances. An NSC backed by the Constitution, in Musharraf's view, should settle the matter.

As the head of the super government, the President would have sweeping powers over every institution. He can nominate and dismiss Prime Ministers at will and even declare a state of emergency. A dismissed Prime Minister can never return to the job during the tenure of the National Assembly even if he or she enjoyed the support of every member. The President can nominate anyone as Prime Minister if in his or her judgment the person can muster the required support among the members. The draft amendment seeks to introduce a clause providing for "discretionary" power for the President to remove a Cabinet headed by the Prime Minister if he determines that it is responsible for (a) serious abuse of authority; or (b) failure to check corruption; or (c) compromising national security interests; or (d) violation of the Constitution.

The fate of the members of the National Assembly, the Senate and the Provincial Assemblies is no better. Even without the recommendation of the Prime Minister or the Chief Ministers, the President would have the powers to dissolve them. And in cases where the Prime Minister or the Chief Ministers recommend dissolution, the President is not bound by it.

The tenure of the National and Provincial Assemblies is proposed to be reduced from five to four years while the President will continue to have a five-year term. The Senate or the Upper House would no longer be a continuous house with one-third of its members retiring every two years. Direct elections will be held to the Senate.

Other changes include reservation of seats for women and technocrats in the National and Provincial Assemblies; increasing the strength of the National and Provincial Assemblies and the Senate; and lowering the age of eligibility to vote from 21 to 18 years.

The Musharraf government is committed to going ahead with the proposed constitutional changes only after a public debate but the people are convinced that the debate will be a mere formality. Musharraf is determined not only to preside over the destiny of Pakistan as the most powerful President but also to institutionalise the role of the Army in governance.

All the mainstream political parties and religious groups have questioned the introduction of such sweeping changes. The military government is not impressed with the argument that the Supreme Court has restrained it from making any fundamental changes in the Constitution.

In its March 2000 judgment on petitions relating to the take-over by Musharraf, the Supreme Court, while validating the coup on the grounds of "doctrine of necessity", had said that the military government could make only limited changes in the Constitution.

However, the Musharraf government has interpreted the order in such a way as to justify the proposed amendments. The argument of the National Reconstruction Bureau, a think-tank sponsored by Musharraf to suggest political reforms, is that the amendments do not impinge on the "independence of the judiciary, federalism and the parliamentary form of government," and hence the basic features of the Constitution remain untouched.

A sharp reaction to the proposals from the Pakistan People's Party (PPP) reflects the sentiments of most of the political parties: "It is a measure of the arrogant mindset of the Generals to seek to superimpose a new constitutional structure through an executive fiat, bypassing the established procedure laid down for constitutional amendments."

The PPP alleged that instead of making democracy "sustainable" the junta was keen to make rule by a handful of un-elected Generals "sustainable". The intelligentsia and civil society of Pakistan are also concerned about the changes being made in the name of political reforms.

The shape of things to come became clear in Musharraf's address to the members of the National Defence College, two days after the constitutional package was unveiled. "I don't have any political agenda and ambitions, and that is why I feel that the President should head the NSC," he said. He justified the proposed restoration of presidential powers to dismiss the Prime Minister if he/she were to act against the "national interest".

Musharraf claimed that the main objective of the NSC would be to facilitate the Prime Minister and "not" to create hurdles in his or her way. He said there was a genuine need to strike a balance between the powers of the President, the Prime Minister and the COAS. "You may change the name of the NSC, which in the first place gives the impression that it will only deal with security matters. The fact of the matter is that this organisation will be there to watch the affairs of the country and provide all possible help to the Prime Minister," he said.