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A complete dictatorial dispensation

PERVEZ MUSHARRAF HAS so re-worked the Constitution of Pakistan as to make himself the envy of all other dictators. Through a package of amendments (clubbed together as Legal Framework Order 2002), the Pakistan President has made the military the guiding force in the country, endowed his office with unlimited discretion to get rid of legislatures and rewarded himself with an extension in tenure. All this in the name of establishing a "sustainable democracy". In the General's view, Pakistan was under a "democratic dictatorship" till he staged a coup on October 12, 1999, and it was his responsibility to restore a new system of checks and balances between the three power centres — the Presidency, the elected Cabinet and the military leadership. Since Gen. Musharraf will continue as President and army chief for another five years it is clear that he will retain the balance of power while the elected representatives will have to suffer the checks. The personalised nature of the new constitutional arrangements was evident in the General's remarks that either he or the National Assembly (that is to be elected soon) will "have to go" in the event of a clash between them and the humorous tone in which he uttered the remark left no doubt as to who would be marching towards the exit in such an eventuality.

These amendments have been carried out on the basis of a very loose interpretation of a Supreme Court verdict that provided him with limited wherewithal to make changes in the basic law if so required for the purpose of governance. The amendments have been carried through despite opposition from all the main political forces and against advice proffered by almost the entire spectrum of intellectual opinion. It is virtually certain that all relevant political forces will base their campaigns for the coming general elections on opposition to the amendment package. It is also possible that the forces opposed to the amendments will acquire sufficient strength in the post-election National Assembly to try and force through a revocation of the LFO. But, although the elected representatives will retain the legal right to revoke these amendments, their efforts will achieve nothing since the President can now dissolve the Assembly at his discretion. The President does not need to make the case — as he did under a previous, discredited arrangement — that the Assembly and/or the Cabinet had rendered governance in accordance with the Constitution impossible. Those opposed to the LFO can presumably challenge it before the courts but they are not likely to obtain satisfaction when the Order itself states that it cannot be called into question in any court on any ground whatsoever.

Through the setting up of a National Security Council the military's right to participate in the decision-making processes at the highest level has now been institutionalised. The National Security Council is to supposedly be a consultative body and the civilian component of it will include the Prime Minister, the Chief Ministers of the four provinces, the Leader of the Opposition and the head of the Senate. But at the back of it all will, once again, loom the all-encompassing figure of the President. It is not very likely that Gen. Musharraf would not be tempted to resort to his discretion if the elected civilian Cabinet did not abide by the advice of the NSC. While the discretionary power that he has conferred on his office protects all the actions that he will take in the future, Gen. Musharraf has also safeguarded all the actions that he has taken since assuming power in October 1999 by inserting a clause that these measures too cannot be challenged before any court on any ground whatsoever. No dictatorial dispensation can be more complete than that which Gen. Musharraf has created for himself.

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