Beyond judiciary, amendments should restructure the state

IN 2016, we wrote that at 69, Pakistan is alive and, by some measure, kicking. But it is not kicking to its full potential. The biggest roadblock it faces is its own structure — unwieldy and unresponsive to its needs. Unless redesigned, the state of Pakistan will continue to just live, but not rise to its potential.
Today, eight years later, as the country is abuzz with controversy about an unprecedented constitutional amendment package, the debate to restructure the country politically and democratically has assumed greater urgency.
Why restructure? Because the existing system has not delivered; and it will not, for it is not in tune with our needs, our circumstances and our aspirations.
For starters, we must have smaller provinces. In fact, the ‘Punjab factor’ puts great strain on the structure. Of the four federating units, this province alone can form a government in Islamabad — to the exclusion of all other units. This is not healthy. We need a sense of camaraderie among all regions and people that make up the state of Pakistan. It is a huge gap which must be plugged at the earliest. How? By creating more provinces, starting from Punjab.
The easiest and most natural repackaging would be to revert to the Bahawalpur state as a separate administrative unit (province) as it was after 1947 and until 1955. The state should also revert to two administrative units in Balochistan — the Balochistan States Union and the Chief Commissioners’ Province, with Kalat and Quetta as their respective headquarters — as they were until 1955.
The erstwhile Fata should also be converted into a province, as had been rightly advocated by JUI-F chief Maulana Fazlur Rahman. Once that is done, there will be less resistance to creating more provinces in Punjab and Sindh.
With more provinces, as India has, Pakistan will be stronger, not weaker.
In our view — and we say this on the basis of our experience, most of which is gained from the ringside — the most important component of the restructuring of Pak­­­istan is the need to revisit our parliamentary system.
It was crafted by our own people, with good intentions. But over five decades later, we have seen that the first-past-the-post system has not worked. The fact remains that, earlier feudals and now businessmen, have propelled and controlled the electoral system that has robbed Pakistani politics of the essence and the spirit of democracy.
We thus need to move to a more fair and practicable proportional system that will bring the common person into our parliament and assemblies and truly democratise governance. We believe we need to have a democratic system of our own. We are not suggesting one-man rule. We need to consider a system where we have directly elected chief executives of the country and provinces — on a one-person-one-vote system — nominated by political parties who are not looking over their shoulders all the time for ever-ready turncoats.
Only a directly elected chief executive, checked and balanced by strong parliamentary oversight through really empowered standing committees, can deliver good governance.
So, this is the time for a new beginning. Based on over five decades of our experience working for the government in key positions, we propose the following constitutional amendments for the consideration of our parliamentarians, intellectuals, academics, media, political analysts and people:
• Restructure the federation by creating more provinces. To start with, go back to Bahawalpur as a separate province. The Balochistan States Union and erstwhile Fata should also be made separate provinces.
• Direct elections for chief executives, both at the centre and provinces. No chief executive should be allowed more than two tenures of four years each.
• A party-based and directly elected bicameral legislature to avoid any corrupt electoral practices. The tenure of each house should be four years instead of the present five.
• A strong, constitutionally mandated and fully em­­p­o­wered elected local government system in all provinces.
• Constitutionally mandated Provincial Finance Com­mission awards, along the pattern of NFC, for resource distribution.
• Creation of a Federal Judicial Service on the pattern of the Pakistan Administrative Service with representation from all provinces as per their quota. It would serve as a feeder to the district and higher judiciaries.
• For appointments to superior courts, a quota of appointments should be fixed: 50 per cent from amongst senior lawyers and as many from the Pakistan Judicial Service. Induction from amongst lawyers be made by a committee headed by the chief justice of Pakistan (CJP), including the senior puisne judge of the Supreme Court and chief justices of high courts. The present system of the senior-most judge assuming the office of the CJP has worked well and must not be tinkered with.
• Create constitutional benches in the Supreme Court on the pattern of the Shariat Appellate Bench. Or it can be made mandatory for all constitutional petitions to be heard by the full court — all available Supreme Court judges. This, and not a constitutional court, is the answer to the existing challenges.
• Overhaul the criminal justice system and introduce an Alternate Dispute Resolution System as well. It will bring down the number of pending cases in lower courts and ensure justice and relief for the common man.
• Reforms in police hold the key to many other reforms.
• The Election Commission of Pakistan should be tru­ly independent, with the chief election commissioner and its members appointed by the president after meaningful consultation with and on the advice of the CJP and the two senior-most judges of the Supreme Court with no extension in their tenures. Only serving high co­­­urt jud­ges be appointed as election tribunal members and not retired judges, who could be vulnerable to pressure.
• Establish a National Security Council headed by the prime minister, including the leaders of the opposition in both houses; federal ministers for defence, foreign affairs, finance and interior; chairman Joint Chiefs of Staff; and all three services chiefs to meet and deliberate on the emerging national security situation, regional matters and terror-related issues. The council should meet every three months and more whenever so required.
Pakistan has not failed, but it has not flourished either. Let those living a hundred years from today say that their predecessors left them a strong and stable state where people, and not just the privileged, matter.
The writers are former federal secretaries
Published in Dawn, October 15th, 2024