Need for a Neutral Caretaker Government

The past is replete with bad examples

Rigging in elections is a common phenomenon in Pakistan. Elections are hotly contested to win by all means, fair or foul. Thus, complaints of unfair means and corrupt practices almost always follow an election: be it election for National Assembly, Senate, Provincial Assembly or local body. In the absence of electoral support, elections are avoided/evaded, just like the resistance of the incumbent PDM Government to holding snap elections in the Punjab and KP.

It is an old malady suffered by our nation. Earlier on, the Founding Fathers of our first indigenous constitution i.e., Constitution of 1956, deliberately delayed (for nine years), the framing of the constitution, lest they had to face the election! And even when the Constitution was adopted and operationalized, they did not opt for going to the hustings. Actually, being indirectly elected (by the provincial legislatures), they hardly enjoyed any representative capacity; and some of them, having migrated from India, had no territorial constituency to represent. 

India, on the other hand, framed its Constitution and enforced it on 26 January 1950, followed by general elections. And thereafter, periodic elections were routinely held, which led to the gradual strengthening of their institutions and stability of the democratic system. 

Pakistan, however, was not so fortunate. Here, political instability prevailed throughout its existence. Lacking popular mandate, successive governments were toppled, not through legal or constitutional means, but by adopting devious methods. Thus, during the period 1947 – 1958, there were seven changes of Prime Ministers, not through adverse votes in parliament, but by political maneuvering, palace conspiracies, threats of intimidation of disqualification and lure of office, etc. Ultimately, in October 1958, the Army (hereinafter referred to as Establishment) snatched the reins of power and Gen Ayub ruled for 11 years, followed by Gen Yahya for another three years. 

The first general elections under the system of adult franchise were held 23 years after independence (in December 1970). Held under the Legal Framework Order 1970, promulgated by General Yahya, the elections were free and fair. However, the result was not accepted. This led to agitation by the majority party (the Awami League), which was sought to be crushed by a military operation. The action led to bloodshed, destruction and large-scale exodus of Bengalis to India. The end result was a big fiasco, ending up in the abject surrender of the armed forces and dismemberment of Pakistan. 

Thereafter, the first general elections were held in March 1977, under the 1973 Constitution, but proved to be a disaster. Disaster, because allegations of massive rigging surfaced. The allegations were credible, as besides other illegal and corrupt practices during the election, some 69 candidates of the ruling party (PPP) for seats in the National Assembly and Provincial Assemblies— including the PM and four CMs—returned unopposed! The Opposition Alliance (PNA) then rejected the result and launched agitation, which turned out to be bloody and destructive. Some 241 persons died and thousands were injured in police action. Besides, both public and private property was damaged or destroyed and the economy suffered due to stoppage of business, commercial and industrial activities. Ultimately, negotiations started and fresh elections were agreed; but just before the accord was signed, the military struck again and Gen Zia assumed control. Having tasted the usufructs of political power, they could hardly resist the temptation. This was the dawning of a dark era, lasting for 11 years and terminating only on the death of the Bonaparte in a plane crash. 

The 1977 disaster —preceded by the ugly episode of the abuse of state machinery by General Ayub against Fatimah Jinnah in the 1964 General Elections —put in motion a thought process to fend off the manipulation of elections by the incumbent Government.

It is time for retrospection by leaders of the political parties; time to forego their big egos and hatred for each other and rescue the nation from falling into a deep abyss. The integrity, stability of the country and welfare of its people is supreme. It is high time for a grand dialogue, joined by all stakeholders, including heads of all parliamentary parties at the national and regional level, to enter into a dialogue and help reach a compromise on appointing a genuine neutral caretaker set-up and giving it strength and support to organize “free, fair and impartial” elections in the country.

Hence, neutral caretaker set-ups were provided by amending Article 48, under the Revival of Constitution Order 1985. The Constitution 20th Amendment Act (2012) introduced further changes to it by amending Article 224 and adding Article 224A. Such changes made the appointment of caretaker regimes subject to consensus between the head of the government and Leader of Opposition. If no consensus is reached, then each nominates three names and sends the list to the Parliamentary Committee. And in the event of disagreement in such Committee, the matter goes to the Election Commission for final decision. The caretaker set-ups are for the sole purpose of organizing free and fair elections.      

Notwithstanding such arrangement, complaints of rigging and use of unfair means abound. A recurring allegation is maneuvering and manipulating election results by the Establishment. Thus, the Opposition Alliance (IJI) was formed and funded in 1990 to defeat the PPP, headed by Benazir Bhutto. The allegation was proved in the Supreme Court (in Air Marshal Asghar Khan’s Case—2012), and the Court directed the Government to proceed against the former COAS (Gen Aslam Baig) and the former DG, ISI (Lt Gen Asad Durrani). Alas, the verdict remains un-implemented till date. 

Yet another major intrusion was the installation (in 2018) of the PTI Government, headed by PM Imran Khan. It was a new experiment in having a hybrid regime. However, there were successive failures on the economic fro-t and mismanagement in administration. This caused public discontent and uproar, primarily because of the rising cost of living and galloping inflation. Finally, there were differences on the appointment of a new DG, ISI. So, the protégé was dumped (removed through vote of no-confidence) and replaced by the incumbent PDM Government. Thus, one band of inept nincompoops was replaced by another band of equally inept nincompoops; and additionally, known corrupt! The result is increased miseries of the people, due to inflation in the cost of food, clothing and expenditure on utilities. Consequently, there is a greater degree of discontent and desperation among the public. 

In short, the “game of thrones”, played by the power that be, has gone on for too long, inflicting a heavy toll on the nation’s integrity, sovereignty, stability, development and the wellbeing of people. 

Quite obviously, there has been deviation from the globally accepted norms of democracy and the principles of our Constitution. Democratic governance through freely chosen representatives of the people is the norm; and free, fair and periodic elections; are a means for sustaining such a system of governance. As globally demonstrated, this is the best way to move forward and achieve progress, development and achieve the happiness and prosperity of the people. Thus, holding free and fair elections, indeed, constitutes a basic tenet of the representative system and the foundation of democratic government. It is so conceived in the Constitution of Pakistan. Says the Preamble, “the State shall exercise its powers and authority through the chosen representatives of the people”.

Notwithstanding such tall claims, the nation stands today at the edge of a precipice: elections are due in the next quarter and a caretaker set-up at the Centre and two in provinces (Sindh and Balochistan) are to be installed for the sole purpose of organizing “free, fair and impartial” elections.

But the optics don’t look good. The PDM Government and Establishment are seemingly at one page in trying to oust the PTI from the contest. The Election Commission, by its conduct in stalling elections in the Punjab and KP, also shunned any pretense of neutrality. The Supreme Court too, by ignoring its Order of 4 April 2023 for holding such an election, also appears to have compromised its independence and impartiality. The caretaker setups in the Punjab and KP, by their conduct and functioning, are anything but neutral. In such a scenario, the appointment of neutral caretaker governments, tasked to hold free and fair elections, will be a farce. The results will not be accepted. 

It is time for retrospection by leaders of the political parties; time to forego their big egos and hatred for each other and rescue the nation from falling into a deep abyss. The integrity, stability of the country and welfare of its people is supreme. It is high time for a grand dialogue, joined by all stakeholders, including heads of all parliamentary parties at the national and regional level, to enter into a dialogue and help reach a compromise on appointing a genuine neutral caretaker set-up and giving it strength and support to organize “free, fair and impartial” elections in the country.  

Dr Faqir Hussain
Dr Faqir Hussain
The writer served as Registrar of the Supreme Court of Pakistan, Secretary of the Law and Justice Commission and Director General of the Federal Judicial Academy

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