Is Parliamentary system workable?
Iqbal Mustafa

Printed in NEWS 28 March, 2004


Quo Vadis
Whither are you Going

For this new series of columns, I have symbolically chosen the title from the call of the Roman guards when they addressed passers by: Quo Vadis, where are you going? In the previous series, 'Inside view' I took a retrospective approach, dilating upon many areas that affect our lives by dint of institutional management of the country. While responding positively many readers complained that I was finding faults but not proffering solutions.

In this series, I am taking a prospective view of things where we can look at the paths ahead and the choices available. There is no certainty in determining destiny but it certainly helps knowing a little about the paths ahead.

Iqbal Mustafa.
February 2004

Last week I outlined the precarious divisions within the society in Pakistan that are creating internal cracks, adding to the fragility of the State. As Pakistan is perched on a global fault line between the paranoid west and rabid fanatical elements in the Muslim world, external pressures will threaten to implode the State. Two factors can pre-empt such a possibility: a global re-alignment in foreign policy (which is already one the way) and internal strength in terms of a solid system of governance that has the vision and the ability to mend the cracks and create a national fusion in the society. Otherwise, as pressures mount internal cracks will widen into disintegrating fissures.

Over the past 56 years Pakistan has lived in state of emergency for one reason or another. Either it was search for constitution or unstable democracies or military interventions or polemic over constitutional amendments. After dismemberment, the 1973 constitution continually suffered mutations through suspensions, amendments, impositions, omissions and drastic tailoring to the extent that its legal continuity has become questionable. Perpetual constitutional uncertainty has played havoc with development on all fronts - economic, social, political, international relations and most of all country image.

Pakistan has vacillated perpetually between a conceptual wishful ness to emulate the Westminster model of democracy and the practical expediency of running contrived democracies through dictatorial, rather monarchical, regimes. Even the alleged democratic governments during the seventies and nineties revolved around autocratic central characters who manipulated the parliamentary system with controversial authority, such that none of the governments were able to complete their tenures. The parliamentary system was reduced to a constitutional lever for imposition of personal whims.

The military rulers were compelled to cobble up cosmetic representation of the people through arbitrary arrangements. The transparency of the democratic charades notwithstanding, the unquestionable allegiance to parliamentary system is adhered to only as far as the letter is concerned. The spirit is no where to be seen. Behind the wheels of democracy, autocratic will of key people always rules supreme, whether they are a part of a prime minister's inner quorum or a general's team. The defence-driven foreign policy has always been a domain of the military establishment. The economic policies are always dictated by an 'economic Csar' who rules the roost while he is in good books of the regime. The commerce and trade policy is manipulated by vested interest groups covertly through the SRO culture. The rest of the ministries are domains distributed amongst the faithful stalwarts (party big-wigs or hand picked technocrats) as their personal fiefdoms to use for political mileage.

I have witnessed functioning of the governance system first hand through democratic and military regimes and have found little difference in mechanics. It is always strong individuals, whether elected or otherwise, who operate through the inert bureaucracy to exercise their aims. The key elements of democracy are totally missing. The personal accountability of the prime minister on the floor of the house, as in Westminster model, or the candid public exposure of governance, as in congressional committee coverage of the US system, are not known to our political culture.

The point I am trying to make here is that the ethos of a parliamentary system is at odds with the natural temperament of the society in Pakistan as functioning of the state apparatus has shown over the past 56 years through democratic and military rules.

There are some basic flaws in parliamentary form, as practiced in Pakistan. First, the inextricable linkage between power and economic bonanza has become a standard equation in Pakistan's democracy. The entry cost of political activity shuts the doors on majority of people in the country, who would otherwise be inclined to serve public good with honesty. The major complaint against the current form of parliamentary system is the poor quality of representatives who ascend to power. Article 62 of the constitution stipulates stringent personal qualities for a person to qualify for election to the parliament. Amongst other he or she is supposed to have good character and is not commonly known as one who violates Islamic Injunctions; they have adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstain from major sins; they are sagacious, righteous and non-profligate and honest and ameen. Recent amendments in LFO have instituted graduation as a qualifying clause for contesting elections.

In spite of the constitutional requirement of such laudable attributes, persons of lesser moral fibre do manage to pass through the electoral system. Not to speak of the phrase "is not commonly known as one…" there are parliamentarians who have serious civil and criminal proceedings pending against them in courts. In the current government, four federal ministers are on the exit control list, including the Minister of Interior. Mr. Zardari came on parole out of jail to take oath in the last assembly. In civilised cultures, an unwritten rule is a strong convention, whereby public office holders resign voluntarily if their moral turpitude is under question from any source, let alone court of law.
This parallax between preaching and practice indicates a serious weakness in moral sensibility of the community to infuse the spirit in the letter of the Law. In this case, it is obvious that good sense of the people alone cannot espouse compliance. The electoral system must contain some means of institutional filtration. Here, it is useful to understand what motivates people to opt for active politics and take up the arduous path to the assemblies.

Universally, lust for power is the common denominator behind politicians. Nevertheless, power is only a vehicle to something tangible as the ultimate goal. It can serve any purpose. In developed democracies, power represents a particular economic interest group or advances a cause that is of social, political or environmental significance for the society. Occasionally power operates to advance some fanatical creeds but even there, the ethos of the group is communal and only those leading it are sometimes seeking personal glorification. In Pakistan, like in other developing countries, political rhetoric thinly veils pursuit of personal gains, be they economic or egotistical. This is a heritage of the Agrarian Age when political power was convertible into economic gains as a matter of birthright. More so, in the rural social structures, dearth of political power makes individuals, families and ethnic communities vulnerable to rival hostilities. The pursuit for power begins as a pre-emptive instinct but soon turns into an addiction. A strong rule of law and efficient dispensation of justice would mitigate these tendencies largely.

Since insulation between the executive and the legislative positions is thin, legislative powers provide opportunities of personal profit. Instead of economic or social interest groups initiating candidacies, individuals venture out to become self-appointed champions of their electorates. Contesting an election on personal resources becomes an expensive proposition. Hence, electoral contests are an economic investment first, before a mandate to represent interests of the constituency. The illiterate constituents accept this as a given reality of the political process and begin to treat the candidates as power brokers and dispensers of rights that are not accessible as a matter of routine through the state bureaucracy. It goes even further; voters begin to perceive the parliamentarians as vendors of state largesse, rightfully and wrongly. The elected representatives mould their self-image to the expectations of their voters and turn politics into a service for which they assume they deserve a 'charge' or 'profit', specially in lieu of their initial investment for the position.

The parliamentary system provides far greater opportunities to elected representatives for converting political power into economic gains because of its very nature whereby all sovereignty is reposed in the parliament. The functional parameters of the legislature, the executive and the judiciary are not clearly demarcated. It is up to the inner moral discipline and conceptual understanding of the system which ensures that elected representatives do not abuse the system.

In part II of this column we shall review other factors that subvert the essence of a parliamentary system in Pakistan.
To be continued……..

Iqbal Mustafa
27 March 2004