Poppycock

Published October 13, 2002

Post-election headlines in our main English language national newspapers can be summarized as follows:

'PML(Q) foresees its rule in Punjab'; 'PML(N) rejects results'; 'Nation has rejected lotas, says Nawaz'; 'Benazir calls it a fraudulent election'; 'Soomro refutes rigging charges'; 'PPP contacted for formation of government'; 'Stage set for coalition government'; 'MMA sweeps elections in NWFP'; 'PPP may need ally to rule Sindh'; 'Commonwealth declares poll transparent'; 'MMA emerges as major force in Balochistan'; 'Qazi pledges to eliminate social, economic injustice'; 'PPP finishes second in Lahore'; 'Initial poll results send stock market reeling'; 'US investors see great scope in Pakistan'; 'Razzak optimistic about exports'; 'Benazir calls for new polls'; 'All parties may share power at centre'; 'UK hails polls'; 'Dozens of parties wiped out from political scene'; 'Election flawed: UK paper'. Take your pick.

Feica, my friend, the Dawn cartoonist, says it all without uttering one word. His cartoon yesterday depicts a surprised George Bush standing by a surprised Pervez Musharraf with an Alladin's lamp in his hand with a black turbaned mullah, sporting a long black beard and black sunglasses, with a smug expression on his face emerging out of its spout.

Now, to educate the newborn or moribund constitutional experts who lay much stress on constitutional niceties, using as their bedrock the constitution of 1973. This Constitution promulgated on August 14, 1973, had a life of four, repeat four long hours. It was passed, not unanimously, but by consensus by the many members who believed that as it guaranteed fundamental rights it was better than no constitution at all - and certainly better than martial law. None dissented. The few who were not happy with it abstained.

Before the ink was dry, within four hours of its promulgation, the people of Pakistan were deprived of their constitutionally guaranteed fundamental rights through a Gazette Notification issued by the maker of the Constitution, Zulfikar Ali Bhutto. Fundamental rights having been rendered non-justiciable, he then had all his political opponents arrested. They were held in various jails until released by Ziaul Haq four years later.

Not satisfied with the notification, Bhutto had his Constitution amended seven times between its promulgation on August 14, 1973, and July 5, 1977, the date of his fall from grace.

An amendment of a constitution is an extraordinary measure necessitating a great deal of deliberation on the part of the ruling party, consultation with the opposition, and a careful objective study of public opinion on the subject. Its passage through the legislature must be deliberately regulated to ensure full discussion, to provide ample opportunity for criticism.

According to the rules of procedure which govern parliamentary procedure under the 1973 Constitution, a bill, other than a finance bill, on its introduction in the house must be referred to the relevant standing committee, unless the requirements of the rules have been dispensed with by the House through a motion of the relevant member. The standing committee is asked to present its report within 30 days. When this is received, copies of the bill (and any changes recommended by the committee) are to be supplied to each member within seven days. Two clear days must then elapse before the bill can be sent down for consideration.

These rules were suspended by Bhutto for the passage of the Second, Fourth, Fifth, Sixth and Seventh Amendment Bills. The First Amendment Bill was introduced in the house on April 15, 1974. The standing committee presented its report the next day and within a week it was passed leaving no time for debate.

The Third Amendment Bill was introduced on February 11 1975, the required report was presented and the bill passed the next day.

Then came the Zia-Junejo era. The Eighth Amendment Bill was passed in 1985. The rules were not suspended. Debates continued for around six months before it was passed. This amendment affected as many as 67 Articles of the Constitution. The exercise was undertaken to enforce on the nation Ziaul Haq's own particular and expedient brand of Islam.

The Ninth Amendment Bill (concerning Islamic injunctions) was introduced by the Junejo government but never passed.

The Tenth Amendment Bill, a bread-and-butter bill (amending Articles 54 and 61) was passed by the Junejo government after due deliberation.

The Eleventh Amendment Bill (women's seats) was introduced in Benazir Bhutto's first round and was not passed.

The Twelfth Amendment Bill (special courts) was introduced by Nawaz Sharif in his first round. The rules were suspended and it was rushed through with little discussion and passed.

The Thirteenth Amendment Bill was introduced by Nawaz Sharif in his second round into both assembly and Senate on the same day, four years ago, on April 1, 1997, and it was passed that day without any discussion, without one member even rising to ask why the rules were suspended, or to suggest there be a discussion. Government and opposition unanimously approved its passage. Not a dog barked.

The Fourteenth Amendment was introduced on July 1, 1997, specifying that there must be no dissent within a party, and no defection from the party by any member. The rules of procedure were suspended and it was passed the same day.

Fifteenth Amendment was introduced in the National Assembly on August 28, 1998, adding a new Article 2-B, and amending Article 239. It was passed by the assembly on October 10 and referred to the Senate on October 13. It never came up for debate in the Senate, where Nawaz's party had no majority. The plan was to wait until the Senate Elections of March 2000, when Nawaz was sure of gaining a majority, and then rush it through the upper house. The Quran and Sunnah were to be the supreme law, thus, inter alia, disempowering the Chief Justice of Pakistan.

The Sixteenth Amendment was passed unanimously on August 3, 1999, amending Article 27, extending the quota system from 20 years to 40 years.

Come General Pervez Musharraf on October 12, 1999, in his uniform, and in his third year of rule, in 2002, he brought in his own amendments suited to his way of thinking, by means of his Legal Framework Order, gazetted in August of this year, which affect some 30 Articles of the Constitution (less than half of those affected by Zia's Eighth Amendment).

Musharraf, chief of army staff, president and chief executive, has kept his uniform on and is wearing his parachute. The Americans and the western world at large have shown no aversion to his uniform and as far as can be judged, they wish him to continue to wear it for long after the recent completion of the exercise known as the 'restoration of democracy'.

The country, the nation, its president and politicians, and we the helpless people are sailing in tumultous and highly troubled waters. We are growing fast, ten are born in Pakistan every minute and to educate this frightening explosion in the number of children and youths we are still relying mainly on the questionable and dangerous madressah system. Ignorance is multiplying.

A military man our president may be, but so far he has remained benign and relatively tolerant - he has not had anyone murdered, mutilated or manhandled; he has not filled up our jails with his opponents; the press is as free as it has ever been. He has managed to rid the political scene of at least a handful of our grand larcenists - no mean achievement this. With a little bit of luck, and a deft hand on the tiller, we may refloat.

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