Monday, Apr 15, 2002
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By B. Muralidhar Reddy
Gen. Musharraf surprised political parties and observers when he declared on the third day of his referendum campaign — for his continuation as President for a term of five years — that the amendments to the Constitution would be enforced before the promised general elections in October. The speed with which Gen. Musharraf is going ahead has perplexed observers. "After all why can't he wait for the emergence of the National and Provincial Assemblies," a political analyst asked. It appears that Gen. Musharraf wants to define the rules of the game much before the political set-up comes into being. Obviously it would give him a great deal of leverage vis-a-vis the new Prime Minister and the National Assembly. There has been a great deal of debate in the last few months within the Pakistani press and society on the eligibility of the military Government to make any changes in the Constitution. While the Government has argued that the Supreme Court had given it power to carry out the necessary amendments, the political parties have disputed the interpretation. Going by the speculation in the press, Gen. Musharraf intends to make fundamental changes in the now suspended 1973 Constitution. He has specifically mentioned the offices of the President, the Prime Minister and the Chief of Army Staff (COAS) as the three important "power brokers" in Pakistani society and emphasised the need for amendments in the Constitution for a harmonious relationship among them. He also wants to strengthen the office of the President without disturbing the basic structure of the 1973 Constitution. It is almost certain that Gen. Musharraf intends to revive the all-powerful NSC — presided by the President and consisting of a fair representation of the military — to oversee the functioning of the future Prime Minister. In his April 5 speech to the nation, in which he announced the referendum decision, he asserted that he would never allow the Prime Minister to either work against the "national interest" or reverse the reform process initiated by his regime. In the absence of a clear definition of "national interest" and an impartial arbitrator to decide on the subject, it can be safely presumed that the institutions of President and NSC would not only be all-pervasive but also all-powerful. There is talk of creation of an office of Vice-President to officiate for the President in his-her absence. There are indications that Section 58-2b may be revived with some added clauses, which will empower the President to dismiss the government of the day. A section of the press has speculated that the President would also enjoy powers to dissolve the Assemblies. It has been reported that a new Constitutional mechanism was being evolved making it mandatory for the new Parliament to give a vote of confidence to the President after he had won the referendum. The Constitutional package will also include the establishment of the NSC — not as an advisory body — but as a decision-making one. The NSC will include the President as its head and the Prime Minister, services chiefs and provincial governors as members. There has been speculation in the press that the President will have to get approval from the NSC to dissolve the Parliament but could sack the Prime Minister and the Cabinet without prior approval. Similarly, the Prime Minister will not be empowered to dissolve the Parliament without the NSC's approval. The package will also include a law to bar any individual from running for a third term as Prime Minister. It will be on the U.S. pattern where a person cannot run for the office of President after two terms. The two former Prime Ministers, Benazir Bhutto and Nawaz Sharif, will be out of the race if this amendment is incorporated. The press has said that the most crucial question being discussed by the President and his aides was how he could retain the command of the armed forces. The President will meet senior commanders and services chiefs at the General Headquarters to discuss the issue. The Constitutional package will also include amendments regarding the 33 per cent increase in seats for women and also an increase in the seats in the National and Provincial Assemblies. Gen. Musharraf is expected to announce this package at a press conference on Tuesday.
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