WORKING OF CIVILIAN GOVERNMENTS

DURING THE MILITARY REGIMES:

A CASE STUDY OF ZIA &
MUSHARRAF ERA

THIS THESIS IS SUBMITTED TO THE UNIVERSITY OF THE

PUNJAB IN FULFILLMENT OF THE REQUIREMENT FOR THE

DEGREE OF DOCTOR OF PHILOSOPHY.

Supervisor

Prof. Dr. Iramkhalid

Researcher

ZahidYaseen Roll
No 03

1
 DEPARTMENT OF POLITICAL SCIENCE

UNIVERSITY OF THE PUNJAB, LAHORE, PAKISTAN

2015

CERTIFICATE

It is certified that present thesis entitled ‘working of civilian

governments during military regimes: A case study of Zia and Musharraf

era’ is written by Mr.ZahidYaseen lecturer of Political Science at

government postgraduate college satellite town Gujranwala. For the

requirement of Ph.D degree in Political Science, the knowledge of the

thesis is based on original research.

Prof.Dr.Iram Khalid
Department of political science

University of the Punjab,

Lahore.

2
CERTIFICATE

It is certified that present thesis entitled ‘working of civilian

governments during military regimes: A case study of Zia and Musharraf

era’ is written by Mr.ZahidYaseen lecturer of Political Science at

government postgraduate college satellite town Gujranwala. For the

requirement of Ph.D degree in Political Science, the knowledge of the

thesis is based on original research.

Prof.Dr.UmbreenJavid

Chairperson

Department of Political science

University of the Punjab, Lahore.

3
DEDICATED

To

The layman of this state who is still hopelessly waiting for

the prosperity since its independence

4
 Table of Contents
Chapter Title Page

No. #

List of tables xi

List of abbreviations xii

Acknowledgement xvii

Abstract xviii

CHAPTER ONE 1-35

1 Introduction 1

1.1 Literature Review 3

1.2 Research Objectives 31

1.3 Research Questions 31

1.4 Significance 32

1.5 Statement of the Problem 33

1.6 Research Design And Methods 33

1.7 Place of Work and other Facilities Available 34

1.8 Tentative Plan of Research 34

CHAPTER TWO

2 Theoretical and Evolutionary Process of Civil Military 35-

Relations 91

2.1 Introduction 36

2.2 Views of Critics about Civil Military Relations(CMR) 37

2.3 Components and Variables 38

2.3.1 Military corporate interests 38

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 2.3.2 Professionalism 40

2.3.3 Politicization 41

2.3.4 The disposition and the opportunity to intervention 41

2.3.5 The international environment 42

2.3.6 Comparing relevant propositions 42

2.4 Typology of civil military relations 43

2.5 Evolutionary process of the military 44

2.6 Military Profession in historical perspective 46

2.7 Episode of Athens an Sparta 47

2.8 Roman episode 48

2.9 Categories of the military 48

2.10 First Military coup in the world 49

2.11 Rented Military 49

2.12 A new dimension of military 50

2.13 Democratization of war 51

2.14 The Origin of professionalism 52

2.15 Twentieth century & the Civil military relations 52

2.16 WW II (1939-45) and A new trend of Civil military relations 52

2.17 Classification of the States. 53

2.17.1Classical Nation States 53

2.17.2Colonizing Nation States 53

2.17.3Colonial Nation States 53

2.17.4National Liberation movement nation states. 54

6
2.18 Classification of the World 54

2.19 Status of obedience and legitimacy 56

2.20 Specification of Military loyalty 57

2.21 Military of third world States 58

2.22 Military case of USA & India 59

2.23 Civil Military relations of USA 59

2.23.1Liberal approach of US People 59

2.23.2Constitution of USA 60

2.23.3Theory of separation of Powers in USA 60

2.23.4The power of purse and sword 61

2.23.5 WW II and US army 62

2.23.6 Liberal approach &it’s changing 62

2.23.7 Committee system of congress 63

2.24 Civil Military relations of India 64

2.24.1Nehru’s Services 64

2.24.2Indra Gandhi’s Period 65

2.24.3Professionalism of Indian Army 66

2.24.4Factors of Indian Civil supremacy 66

2.24.5Ethnic composition of the military 67

2.24.6Security pacts of Indian Military 67

2.24.7Military services for the Civil government of India 68

2.24.8Constitution of India 68

2.25 How and why military intervene? 69

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 2.26 Effected states by the military intervention 72

2.27 Different Opinions about military coup in 3 rd world 73

2.28 Nature of Military Governments 73

2.29 Military’s Enlightenment and the Society 74

2.30 Horizontal and Vertical Analysis of the Military States 74

2.31 Social Setup of the Third World States 74

2.32 Democratic Traditions of New States 75

2.33 Vision of the Political Leaders 75

2.34 Charismatic leaders 76

2.35 Role of the Religious Leaders 77

2.36 Level of Military intervention 79

2.37 Measures of the military after coup 79

2.38 Civil Actions of the Military Generals 80

2.39 Civil Military Relations of British India 81

2.40 Civil Military relationship Pattern 81

2.41 Military Services for Civil Government 82

2.42 A case study of Pakistan 82

References 84-

91

CHAPTER THREE

3 History of Civil Military working from 1947-1977 92-

127

3.1 Introduction 92

3.2 Civil military working (1947-1958) 92

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 3.3 Internal Political Instability in Pakistan and Military’s role 93

3.4 External Factors and Role of Military 99

3.5 Military’s Direct Role (1958-1969) 99

3.5.1Role of Judiciary in Military Coup 101

3.5.2Basic Democracies of General Ayub 102

3.5.3Limitize the Politicians 104

3.5.4Law Reforms 105

3.5.5Ethnicity issues 105

3.5.6Islamic Approach 105

3.5.7Land Reforms 106

3.5.8Constitution of 1962 106

3.5.9Pak-India War 1965 & Tashkent declaration 107

3.6 Deadlock of Civil Military Relations from (1969-1971) 110

3.7 Turn the tide form 1971-1977 114

3.8 Election of 1977 and the Down fall of Z.A. Bhutto 121

References 123-

127

CHAPTER FOUR

4 General Zia-ul-Haq’s hegemony from 1977-1988 127-

175

4.1 Introduction 128

4.2 Was Military Preplanned about the Coup? 129

4.3 Chaotic situation and the military strategy 138

9
4.4 Postponing the elections 139

4.5 Controversy of General Zia and Z.A. Bhutto 140

4.6 Legitimacy issue 140

4.7 The First Phase 1977-1979 141

4.7.1PNA joined Military 143

4.7.2Z.A. Bhutto’s victimization 144

4.7.3Climax of Jamat-e-Islami 144

4.7.4Nusrat Bhutto Case 146

4.8 Second Phase of General Zia’s regime 1979-1985 147

4.8.1Promises of elections 147

4.8.2Provisional Constitutional Order (PCO) 149

4.8.3Majlis-e-Shoora 150

4.8.4Restoration of Democracy 151

4.8.5Presidential Referendum 1984 152

4.9 Third Phase 1985-1988 153

4.9.1Dawn and Dusk of democracy under Zia-ul-Haq 153

4.9.2Revival of Constitutional Order 1985 153

4.9.3Council of Islamic Ideology 155

4.9.4A Federal Council Committee 155

4.9.5Constitution of Pakistan 1973 & 8 th amendment with 156

P.M.Junejo

4.9.6Geneva Accord 158

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 4.9.7Explosion in Ojhari Camp 158

4.9.8Dissolution of Assemblies 159

4.10 General Zia’s Local Government system 160

4.10.1Kinds of Local Institutions 162

4.10.2Punjab Local Government Ordinance 1979 162

4.10.3Sindh Local Government Ordinance 1979 163

4.10.4Structure of Local Government system 164

4.10.5Rural and Urban Local Government Institutions 165

4.10.5.1Union Council 165

4.10.5.2Tehsil Council 165

4.10.5.3District Council 165

4.10.5.4Metropolitan Corporation 165

4.10.5.5Municipal and Town Committees 166

4.10.5.6Cantonment Boards 166

4.10.6The Duties of the Local Government Instructions 166

4.10.6.1Union Councils 166

4.10.6.2District Councils 167

4.10.6.3Metropolitan Corporation 167

4.10.7Elections 167

4.10.8Fiscal System 168

4.10.9Miscellaneous 168

References 171-

175

CHAPTER FIVE

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 5 General Pervez Musharrf’s Regime 1999-2007 176-

217

5.1 Introduction 176

5.2 First address of General Pervaz Musharraf to the Nation 178

5.3 Imposition of emergency 180

5.4 Provisional constitutional order of October,1999 180

5.5 Six point agenda of General Pervaz 182

5.6 National security council 183

5.7 Packing of the ex prime minister 184

5.8 Doctrine of necessity 184

5.9 Devolution plan (2000) 185

5.9.1District government or District Assembly 186

5.9.2District Nazim 186

5.9.3City District 187

5.9.3.1District Police 187

5.9.4Tehsil Council 188

5.9.5Union council 189

5.10 PCO & General Musharraf as a president (2001) 191

5.11 Referendum 2002 193

5.12 Legal frame work order 2002 194

5.12.1The main provision of LFO (2002) 195

5.13 The General elections of (2002) 195

5.14 The seventeenth amendment(2003) 197

5.15 President’s another office Act 2004 200

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 5.16 National accountability Bureau 200

5.17 National reconciliation ordinance (NRO) 202

5.18 Presidential elections 2007 204

5.19 State of emergency 2007 206

5.20 Provisional constitutional order 2007 207

5.21 Resignation from office 209

References 211-

217

CHAPTER SIX

Conclusion and Reflection 218-

247

References and Bibliography 248-

260

Appendices 261-

319

List of Tables
Sr # Pg. No.

2.2 Views of Critics about Civil Military Relations (CMR) 29

4.10.4 Structure of Local Government in Pakistan 126

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 List of Abbreviations

AL Awami League

ANP Awami National Party

APS Airport Services

AWT Army Welfare Trust

AZO Al-Murtaza Organization

BB Benazir Bhutto

BD’S Basic Democracies

14
BMR Balancing, Modernization and

Replacement

BNA Balochistan National Alliance

BNP Balochistan National Party

BoG Board of Governors

BPC Basic Principles Committee

CA Constituent Assembly

CDA Capital Development Authority

CE Chief Executive

CENTO Central Treaty Organization

C-in-C Commander –in-Chief

CJ Chief Justice

CJCS Chairman Joint Chiefs of Staff

CM Chief Minister

CMLA Chief Martial Law Administrator

CMR Civil-Military Relations

COAS Chief of Army Staff

COP Combined Opposition Parties

COS Chief of Staff

CSP Civil Service of Pakistan

DCC Defense Committee of the

Cabinet

DCO’s District Coordinator Officers

DMG District Management Group

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DP Defense Policy

EBDO Elective Bodies Disqualification

Order

EC Election Commission(er)

ECP Election Commission of Pakistan

FATA Federally Administered Tribal Area

FC Federal Court

FCA Foreign Currency Account

FCCL Fauji Cement Company Limited

FF Fauji Foundation

FFC Fauji Fertilizer Company

FOTCO Fauji Oil Terminal (& Distribution)

Company

FP Foreign Policy

FSC Federal Security Council

FSC Federal Shariat Court

FSF Federal Security Force

FSP Foreign Service of Pakistan

FWO Frontier Works Organization

FY Fiscal Year

GDP Gross Domestic Product

GE General Elections

GG Governor General

GHQ General Head Quarter

16
 GNP Gross National Product

GoP Government of Pakistan

HDI Human Development Index

HIPC Heavily Indebted Poor Country

IB Intelligence Bureau
ICS Indian Civil Service

IFI International Financial

Institution

IJI IslamiJamhooriItthead

IJM IslamiJamhooriMahaz

IMF International Monetary

Fund

IPS Indian Police Service

ISI Inter-Services Intelligence

IV Independent Variable

JCAS Joint Chief of Army Staff

JCSC Joint chief of staff committee

JCO Junior Commissioned Officer

JI Jamat-i-Islami

JUI (F) JamiatUlema-e-Islam

(FazalurRehman)

JUP (N) JamiatUlema-e-Pakistan

(Noorani)

17
JWP JamhooriWatanParty

KPK Khyber PakhtoonKhwa

LFO Legal Frame Work Order

LGP Local Government Plan

LoC Line of Control

MAP Military Assistance Program

MD Managing Director

MI Military Intelligence

MILBUS Military Businesses

MMA MuttahidaMajlis-e Amal

MNA Member of National Assembly

MoD Ministry of Defense

MoU Memorandum of Understanding

MPA Member ofProvincial Assembly

MQM Muttahida (previously Mohajir) Qaumi

Movement

MRD Movement of Restoration of Democracy

NA National Alliance

NA National Assembly

NAB National Accountability Bureau

NADRA National Database Registration Authority

18
NAP National Awami Party

NATO North Atlantic Treaty organization

NCO Non-Commissioned Officer

NDA National Democratic Alliance

NDC National Defense College

NHA National Highway Authority

NLC National Logistics Cell

NRB National Reconstruction Bureau

NRO National Reconciliation Ordinance

NSC National Security Council

NWFP North Western Frontier Province

ODA Official Development Assistance

OGL Open General License

OIC Organization of Islamic co-operation

PAAS Pakistan Audits and Accounts Service

PAF Pakistan Air Force

PAI Pakistan AwamiIttehad

PAT Pakistan AwamiTehrik

PB Provincial (Assembly) ofBaluchistan

PCO Provisional Constitutional Order

PDA People Democrat Alliance

PEMRA Pakistan Electronic Media Regulatory

Authority

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PFS Pakistan Foreign Service

PIA Pakistan International Airline

PIF Pakistan Islamic Front

PKMAP PakhtoonKhwaMilliAwami Party

PM Prime Minister

PMAS Pakistan Military Accounts Service

PMLCS Pakistan Military Lands and Cantonment Service

PML-F Pakistan Muslim League- Functional

PML-J Pakistan Muslim League- Junejo

PML-N Pakistan Muslim League- Nawaz

PML-Q Pakistan Muslim League- Quaid-i-Azam

PN Pakistan Navy

PNA Pakistan National Alliance

PNP Pakistan National Party

POW Prisoners Of War

PP Provincial (Assembly) of Punjab

PPC Pakistan Penal Code

PPO Political Parties Order

PPP Pakistan people’s party

PPP-SB Pakistan People’s Party- Shaheed Bhutto

PRODA Public Representativesand Officers Disqualification Act

PS Provincial (Assembly) of Sindh

PTV Pakistan Television

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RCO Revival of Constitutional Order

SAARC South Asian Alliance for Regional Co-

operation

SAPs Structural Adjustment Programs

SBP State Bank of Pakistan

SC Supreme Court

SEATO Southeast Asia Treaty Organization

TMO Town Municipal Officers

TNSM Tehrik-e Nifaz-e Shariat-e Muhammadi

UDF United Democratic Front

UK United Kingdom

UN United Nations

UNA United National Alliance

US(A) United States (of America)

USSR Union of Soviet Socialist Republics

WB World Bank

WW I World War I

WWII World war II.

Acknowledgement
Thanks to Almighty Allah, Who donated me patience, courage and perseverance to
complete this laborious and difficult assignment. I believe that with the help of
Almighty Allah I have completed my research work. It is also a fact that without active
support of people around us, it would be difficult to do such kind of research.

21
First of all I am highly indebted to my supervisor Dr.Iram Khalid. I am grateful for her
guidance, support and encouragement. I can’t forget her special attention, keen
observation and very professional approach regarding this research. She checked the
chapters thoroughly and proposed valuable suggestions which proved helpful for
achieving this goal, she allowed me to grow as a researcher. I am also thankful to my
honorable teacher Dr.UmbreenJavid who not only helped me in finding out different
sources but also appreciated me with silent manners. Massive thanks to the other staff
of this department like honorable Dr.HassanAskariRizvi (emeritus professor)
Dr.RehanaSaeedHashmi, Dr.GulshanMajeed, Dr.RanaIjaz, prof. Mohammad Shabeer
Khan and supportive clerical staff of this department who is civilized by the polite
manners of the chairperson of this department. I am also thankful to those imminent
personalities who co-operated with me during this research work,
Dr.RasoolBakshRaees, Dr.SaeedShafkat, Dr.Pervez IqbalCheema, Dr.Rasheed.
Dr.ZafarIqbal, a lot of Military, Judiciary, Bureaucracy, Politicians and other
intellectuals who supported and encouraged me to complete my research work. I am
grateful to the seminar library of department of political science especially Mr.Akram,
Asad and Rahila. The Quaid-e-Azam library, Punjab Public library Lahore, the main
library staff of the University, the library of National Defense University Islamabad,
National Documentation Centre Islamabad and inter services public relations (ISPR)
directorate, Islamabad. At the end my family deserves special praise. During this
research work I can’t forget the prayers of my parents and valuable support of my
bosom friends AbdulShakoor&IshfaqVirk. I must say that with the support of all these
people I have completed this task, but all the errors to be found in this work will remain
my own.
ZahidYaseen
Department of Political Science

University of the Punjab

January, 2015.
Abstract

Political history of Pakistan witnesses the approval of many civilian governments by

military since its early years. After getting power to establish the de-jure status military
governments formulated the setup which served their interests. To evaluate the working of civilian

22
governments under military setup, role of judiciary, religious elite, local government system and
the role of external actors remained critical. The present study is based on the case study of General
Zia UlHaq and General PervazMusharraf.
General Zia ulHaq initiated the third military regime in Pakistan. All powers were
constrained in the hands of General Zia ulHaq who was the Chief of Army Staff, Chief Martial
Law Administrator and the Chief Executive as well as the President of Pakistan. During his eleven
years rule he introduced civil government under the umbrella of non-party based elections. With
the help of eighth amendment, he disturbed the pure parliamentary structure of the state.When
controversy came in decision making,he himself demolished (the government of Junejo) his own
creations.
On 12th October 1999, the Chief of Army Staff General PervazMusharraf repeated the
history and took the charge. GeneralPervazMusharraf manipulated the system and introduced his
six point agenda. General PervazMusharraf rehabilitated the government of the civil people,
amending the constitution of Pakistan, having the centre of decision making for his personal
interests and strengthened his rule.
The fact of the matter was that both efforts by the military rulers collapsed when their
powers came to end. The research is based on primary and secondary sources, incorporated and
extensive survey is compiled from military, judiciary, civil elites and intellectuals to know the
views of these institutions about the nature of civil military relations. The research concludes that
the structure of civilian governments during the military regimes was according to the desire of
military rulers. The opportunities provided by the political leaders and judiciary to military also
helped to gain legitimacy in the name of ‘doctrine of necessity’. Pakistan lacks the sincere efforts
to introduce a mature democratic political culture. To improve the situation and to avoid any
further involvement, it is recommended that there should be strong political institutions in
Pakistan. Only democratic participatory political culture can facilitate such kind of political
environment in which, real representative political leadership with the support of public can be the
barrier in the way of any further adventure by military.

23
Introduction
Military regimes practise the civilian forms of government to settle their crises

of legitimacy. This has remained a common practice in many parts of the world.

Military regimes come to power whenever the institutions get weak through corruption

and political backwardness alongwith threats regarding disintegration, wars, social and

cultural illness, etc. Whenever military comes to powerand tries to establish its de-jure

status adopting the ways of civilian government, the representatives of the people make

their own governments but the military remains in power by making amendments in the

constitution. The civilian government being named as a ‗limited form of government‘

exists parallel to the administration of the military. The dictators, after coming to power,

introduce a system that is not familiar with and easily acceptable to the society. As a

result military dictators are removed and their hybrid system gets collapsed.

Pakistan is the state which has been experiencing the removal of the civilian

governments by military since its very beginning. After military intervention it

legitimizes its rule by introducing a civilian setup. Such governments reinstall the

amendments in the constitution. A case study of General Zia-ul-Haq and General

Pervez Musharraf can be discussed in this concern. Zia-ul-Haq‘s coup d‘état of 5 th July

1977 initiated the third military regime in Pakistan. Martial law was imposed, elected

legislative and executive bodies were dissolved and the constitution was suspended. All

powers were concentrated in the hands of General Mohammad Zia-ulHaq, the chief of

army staff, who claimed to be the chief martial law administrator, the chief executive

as well as the president of Pakistan. General Zia‘s militarybureaucratic rule lasted for a

24
little more than eleven years and slightly shorter than the democratic gap between the

military regimes during the period of 1988-1999.

General Zia‘s rule sustained due to a number of internal and external circumstances. He

reintroduced the civil government with the help of non-party based elections. The

military changed the total structure of parliament with the help of the 8 th amendment

made in the constitution and the semi parliamentary form was introduced in the shape

of pseudo democracy. Zia legitimized his rule having been encircled by the civil

government but this government always took decisions against the will of the Military

so it was demolished.

On 12th October, 1999 the chief of army staff General Pervez Musharrf‘s coup

challenged the future of democracy in Pakistan and showed the institutional

response.He repeated the words uttered by General Zia-ul-Haq in 1977, who had

declared that the armed forces had come to power out of sheer necessity. However, he

professed the importance of ‗good governance‘ and the need for serving, rather than

ruling the people. General PervezMusharraf manipulated the system in his own way

with the label of guided democracy. The ringing phrases were accompanied by

restoring national credibility and harmony. Furthermore, accountability, taking into

confidence the investors, approval and improvement in the situation of law and order

strengthened his ideas of a true spirit of democracy. Finally, the ultimate promise made

by Musharraf was the empowerment of the local bodies through the process of

decentralization. Elections were conducted and a new political party was introduced.

Military government introduced amendment in the constitution and the powers of the

Prime Minister were devoted to the President. The administrative rule under General

Zia-ul-Haq and General Pervez Musharraf rehabilitated the governments of the civil

people, amending the constitution of Pakistan for their personal interests and
25
 strengthening of their rule. They introduced a system that was not able to function for

long. Except the years 1972-1977, the civilians had never been allowed to have a

complete control of the country. Each military dispensation left the succeeding. A

comprehensive analysis portrays that military intervention as a frequent practice in

Pakistan fulfilled its desire of self prophecy.

The researcher is going to explore the steps undertaken by the military dictators in

setting up of so called civilian governments in Pakistan. After being defamed their

established system it also collapsed. Henceforth, the rule of the civilian governments

established by the military rulers and the drawbacks of their systems as well as the

vision of our politicians would be hi-lighted and discussed.

1.1 Literature review

• A research is conducted in which the author is of the view that Pakistan is the hub

of the intelligence agencies which play the vital role to change the situations,

judiciary always follows the principles of the Military rulers. Judiciary always

legitimized the Military with the principles of ‗Doctrine of necessity‘. Media

always favored the Military rulers to amend the realities. Failure causes of the 1956

and 1962 constitutions are elaborated. The role of democratic, political elected

leaders and the leaders of emergency like military dictators are differentiated. The

role of India and Afghanistan to derail the democratic structure of Pakistan is also

discussed. It is predicted that if the military rule is prolonged there would be two

major problems for Pakistan; one would be in the shape of horizontal and second in

vertical, with the name of provincialism and sectarianism. The above predictions

are going to be true. The books are helpful for present study.

Bhutto, Z. A.(1989).If I am assassinated. Lahore:Nafees printers.

26
• The writer details the military role of Pakistan, the military in Pakistan is the most

formidable and autonomous political actor capable of influencing the nature and

direction of political change. This, however, represent a major shift in Pakistan‘s

military heritage. For a while, strong military was the integral part to British

imperial rule and it served as ultimate shield, it avoided active involvement in

politics and accepted the primacy of civilian government. This changed gradually

in the post independence period as the top commanders expanded their role in the

top political arena. The changes in civil military relations were manifested in

different forms. These included an active role for the military in policy making,

collaboration with the bureaucracy, displacement of civilian government in October

1958, March 1969, July 1977 and October 1999, direct military rule, civilianization

of military rule, and the military‘s penetration in to the civilian state institutions, the

economy and society. The book endeavors to study the changing patterns of civil

military relations in Pakistan with the objectives of understandings of its causes and

dynamics, the impact on the polity and society, as well as the military itself. It also

examines the methods adopted by various military regimes to extricate themselves

from direct rule, the exercise of political clout by the military from the sidelines,

and the problems of the civilian regimes that replaced by the military regimes. These

issues have been studied with the references, the dynamics of the polity; the

institutional strengths and organizational resources of the military; interaction

across the functional boundaries between the military and the society, the

international factors and considerations. The long years of direct and indirect rule

have enabled the military to spread out to widely in to the government, the economy

and society that its clout and influence no longer depend on controlling the levers

of power. It is derived from its organizational strengths and its significant presence

27
 in all sectors of government and society. The military prefers to pursue its interests

from the sidelines. The downfall of the Sharif government and its bow to the

military and judicial departments, the coupe of 1999 was an institutional response

to what senior commanders perceived as the threat to the professional and corporate

interests of the army and it is predicted that the problems are not going towards

solution in the coming century. The book is divided in eleven chapters and every

chapter has its own worth with its information.

Rizvi,H.A.(2003).MILITARY, STATE AND SOCIETY IN

PAKISTAN.Lahore:SangMeel Publications.

• The writer explores that perceptions and psychology play a major role in the logic

structure and stability of political system in Pakistan. The military remained a

formidable and autonomous political actors; In Pakistan this institution has gained

the status of centrality since independence. Although, it was an integral part to the

British in South Asia, these traditions of the British were transferred to Pakistan yet

these are not going towards the change. But military expanded its role and

established its primacy in the political process with different colors. They

introduced civil governments to provide a stamp of approval to their regimes and

implications of expended role of the military for polity and military itself. A

thorough study regarding this book, the disinterest of the scholars about the military

institution, the non co-operation of military about sharing information and the

changing situation is defined in this book. Personal information is found from

1947-1997 about the military rulers. The prominent among them are field marshal

Mohammad Ayub Khan, General Mohammad Musa, General K.M Arif, Air

Marshal Zulfkar Ali Khan, Air Marshal Asghar Khan, Air marshal Zafar Chahudry,
General Faiz Ali Chisti, General Rahel Lateif, Major General Shahid

28
 Lataif, and Major General Rao Farman Ali. The academicians Khalid Bin Syead,

Hamza Alwai, Lawrence Ziring, Ayesha Jalal, Sheeren Mazari,s prophetic views

are discussed about military in this book. This book undertakes a comprehensive

and documentary study of the role of the military in Pakistan‘s society and politics

with a view to explain why and how a professional military can acquire the political

disposition? .The book lists the salient causes which became a reason for the

military to acquire the civil government, the problem of the military regimes,

introducing the civil government and political-economic order has been discussed.

The major thesis is discussed with leading role of the military takeovers, various

military regimes and their politics, the legitimacy issues and the civil institutions

building by the military, military role and returning the military to barracks, civil

military relation in post withdrawal period, ethnic imbalance in the military and the

impacts of the military role on the society and the polity, the weakness of the

political institutions and their inability to cape with diverse demands of the political

system. The military comes to power not due to the demands of the people; rather

it is a product of the weak institutions and the political decay.

Rizvi.H.A.(1988). The Military and Politics in Pakistan. Lahore:Sang-e-Meel

Publications.

• This book deals with the issue of democracy, development and discontent of

Pakistan in general. Major challenges confronting democracy and development in

South Asia include the interface between multicultural identity, democracy and

development in India, movement of the restoration of democracy in Pakistan, and

the Maoist movement and its democratic accommodation in Nepal.All these issues

are the parts of the detailed discussions in the book. Democracy, development and

29
discontent in South Asia highlight the latest analysis of data by well known scholars

in the field, clearconceptualization, and new theoretical framework, along with

interpretations. The dimensions for the analysis include ethnicity, multiculturalism,

democracy, authoritarianism, economic reforms, armed rebellion and movement for

democracy and peace through confidence building measures, trade and

development along with the federal pressures, constitutional and devolutionary

draw backs in these countries. The book being a combination of ten contributions

and the writers have defined the issues of South Asia, with fresh looks at the

imperatives of democracy, development and discontent in South Asia today. The

opening chapter by M.P. Singh addresses the multicultural identity and democracy

in India. Civic nationalism can be better hermeneutically interpreted through multi

cultural rather than ethnic national lenses. India has found it easier to accommodate

linguistic identities rather than religious communalism, particularly in the colonial

context. Being a secular state in terms of granting of religious freedoms, the

constitution prompts the state to strive for a common civil code analogous to

common criminal code. All these factors have prepared the ground for

judicialzation of politics that would appear also to be in some ways uniquely Indian.

Chapter 2 provides a retrospective analysis of democracy & army rule in Pakistan

discussing the politics of the country in its cultural & historical context. The writer

implies that it is difficult to export democracy to Pakistan in the absence of

supportive political culture & civil society institutions. Chapter 3 discusses the

complex interplay of the forces of authoritarianism & democracy in Bangladesh

since its bloody birth. Niraj Kumar takes up the issue of development in India. It‘s

particularly significance is that it has a credible performance in both these domains

like democracy and its performance. Chapter 5 analyses the societal response about

30
 the reforms in Bangladesh. Chapter 6 illuminates the issue of ethnicity, tribalism &

politics of frontier province policy of Pakistan. In chapter 7

Kukreaja & Mahindra Persad Sing takes a detailed look at ethnic politics in Sri

Lanka. Chapter 8 provides an inside full account of the arms rebellion in Nepal. In

chapter 9 Sinha offers a historically, sociologically & economically well grounded

analysis of ethnic conflict in Bhutan. In the final chapter, Rajen Harshe takes up the

issue of India- Pakistan conflict over Kashmir. This chapter argues that the causes

of this conflict can be traced back to the process of state formation & nation building

in India & Pakistan that developed after the sub-continent was divided.

Kukreaja,V.and Prasad, M.S.(2008). Democracy,Development and Discontent in

South Asia. India: Sage Publications Pvt Ltd.

• Writer is an Ambassador to Pakistan who has portrait the picture of Pakistan

especially after the incident of 9/11. Musharrf‘s Coup & his approach to legitimacy,

his elections stunt & the return to democracy, Women‘s status in Pakistan, women

status in Islam. The light of the concept of the great game in Afghanistan, the

international response towards Islamabad is comprehensively discussed

Madalena,M.L.,Carvalho,F.&Fischer,M.(2004).Pakistan under Siege, Pakistan

after September 11th, 2001.USA:Michigan university press.

• The book is the combination of different articles. Every writer has contributed

beautiful chapters. Author like Adware Shills has defined the role of military for

the political developments of the new states. The writer has looked in to the role

played by the military for the country‘s political development and administration.

31
The writer divided the developing world where the military played a vital role in its

political development or administration. The countries including Pakistan,

Malaysia, South Africa Nepal, Bhutan Middle East & Jordan etc are more affected.

In 2 chapters Lucian W. Pye wrote about the armies in the process of political

modernization. In this chapter Pye has explored the army of Pakistan & India is

totally established & trained by the advanced army of the UK. He has also stated

that South Africa, Malaysia & Chinese army played a guerilla role for receiving

their independence from the French & the British rule. Johnson collectively

discussed the Latin American military. He states that the countries of Latin

Americans are far from democracy because there are very deep roots of monarchy

& tribal system; these tribes are not ready to rehabilitate the democratic culture.

Military & these elite classes will easily exploit the poor people. The Military

establishments in Burma, Military in Thailand, Military in Korea, military in

Middle East have also been elaborated. When these continents became independent,

these were totally unaware of the democratic structure, political status & awareness

was absent in them. Having a single perfect, determined, disciplined, organized, the

army collectively took over the political setup of the country and its political affairs.

In the recent era of democratization the military role is seen as a revolutionary force,

it contributed towards the disintegration of traditional political order, as a stabilizing

force they have kept some countries from falling prey to communist rule. Modern

social science has made no serious & sustained effort to study the role of the military

in the underdeveloped country on comparative bases. The lack of social typology

of soldiers the relationship between the maintenance of internal order & the needs

of national defense varies widely in the new state, but these variations have thus far

eluded the political theory.

32
 John,J.J.(1964.) The role of the military in underdeveloped countries.Princeton .

USA: New Jersey Princeton University Press.

• The book is a collection of the articles. The writer seeks primarily to explain the

breakup of the united Pakistan and the turbulent processes of political change in the

post liberation Bangladesh. While delineating the process of disintegration of the

old Pakistan, writer discusses the qualities of leadership of elite groups (West

Pakistan politicians & military-civilian bureaucrats), the extent of their skills in

nation building, and reasons for their particular policy choices which lead to the

gruesome events of 1971 and the ultimate bifurcation of Pakistan. The author brings

into focus the structure and role of the various types of group interests in Pakistan,

landlords, business and the industrial class, university students, refugees from India

and the linguistic, ethnic and regional groups and their dysfunctional effects on the

growth of a cohesive and congruent national identity. The last article traces the

growth of Bangladesh nationalism, discusses the country‘s political culture and

concludes on an assessment of the effects of Zia Rehman‘s death on the future of

nation and the region. Students of political science in Pakistan and Bangladesh,

scholars interested in nation or state formation or political social change, scholars

concerned with the study of civil military relationships all will find this work by the

leading political scientist of Bangladesh exceedingly stimulating and insightful.

Talkder,M.(1982). Group interest and political changes: Studies of Pakistan and

Bangladesh. New Delhi: South Asian publishers.

• This book deals with a most interesting and rather unexplored problem, how India

became a robust democracy while Pakistan ended up. Being a military ruled

country both of them shared similar cultural features and emerged from the same

history including the same experience. The writer has not only chosen an excellent

33
topic but also described it in perfect manners , he has also very well informed and

gets his facts right. The question of why some countries have democratic regimes

and others do not is a significant issue in comparative politics. This book looks at

India and Pakistan, two countries which clearly contrasting political regime

histories, and presents an argument on why India has democracy and Pakistan not.

Specifies and the nuances of each state system, the author examines in detail the

balance of authority and power between popular or elected politicians and the state

apparatus through substantial historical analysis. India and Pakistan are large, multi-

religious and multi-lingual countries sharing a same geographical and historical

space that was separated in 1947, when they became independent from British rule,

gave them a virtually indistinguishable level of both extreme poverty and inequality.

According to most theories, and in Pakistan democracy, did indeed fail very quickly

after independence. It was restored as a façade for militarybureaucratic rule for brief

periods since then. In comparison, after almost thirty years of democracy, India had

a brush with authoritarian rule, only during the 1975-6 emergency, and some

analysts were perversely reassured that the exception of India had been erased. But

instead, after momentous elections in 1977, democracy has become strong more

than from last thirty years. This book providing a comparative analysis of the

political system of India and Pakistan as well as a historical overview of both the

countries, the book contributes an essential reading for students of this region. It has

a useful and balanced introduction about the politics of India and Pakistan.

Olden Burg,P.(2010). India, Pakistan and Democracy: solving the puzzle of

divergent paths.USA: Routledge Taylor & Francis.

34
• It is revelatory detail; The President of Pakistan General Pervez Musharraf has

firmly defined the incidents of his tenure and the history of Pakistan like that of the

President of Pakistan General Mohammad Ayub khan. Basically this book has

defined the two major roles of the President of Pakistan. First part is on the war on

terror and the second on the rehabilitation of democracy in Pakistan by him. He

started the book with his childhood, family and education, the second portion is on

his military job achievements problems are discussed till the status of chief of army

staff, the 3rd portion of the book is briefly on the kargil episode and gaining the

status of chief executive of Pakistan, the 4 th part collectively defined the six

principles of democracy of Pakistan and the writer defended the democratic system

and confessed about the compulsion of democracy and the progress in this era

without democracy is impossible but not discussed to amend the constitution and

introduced a limited and controlled parliamentary structure. Part 5 th is totally on war

on terror and Pakistan becoming a non NATO ally of the US, the last part of this

book portrays an optimistic image of Pakistan in the world.

Musharraf,P.(2006). IN THE LINE OF FIRE:A Memoir.USA,NY:Free press

• The version is the combination of different articles. The preparation of earlier five

chapters in this book was supported by the office of democracy and governance of

the US agency for international development (USAID). In the first chapter

democracy, its development, security and its objectives are discussed. In the

second chapter promise of third world states leaders about the decentralization of

the government and the real democracy its fruits and compulsions are discussed.

Glary Bland wrote third chapter of this book on elections its development of local

35
 bodies is discussed in detail. Joseph Segal and Patrick O‘Mohony discussed upon

the decentralization and internal conflicts of the states.

Eaton,K. and Smoke, P.(2011).Making Decentralization work of Democracy,

Development, and security.India: Viva books private limited.

• The writer registers information about the role of the judiciary which was played in

the past. The theory ‗doctrine of necessity‘ was used by the judiciary and it ignored

the future results of it. The practices of the judges opened a gate for the military and

it evaluated the constitution, rules and regulations of the departments. Army

amended the constitution according to its own needs. It never allowed the

democratic trend to expand in this state. A profile picture of the military role is

presented in this book from 1947-1972. Its nature, mindset and characteristics are

defined clearly. Justice A.R.Conelius, Ayube‘s foreign policy and the Presidential

election against Miss Fatima Jinnah and his rigging is discussed. Thorough analyses

on the economic progress in Ayube‘s regime, Tashkent declaration and its results

for Ayub have also been exchanged. Yahiya‘s arrival and his works about the

rehabilitation of democracy in Pakistan present a clear picture with reference to

Pakistan.

Ahmad,S. S.(2004).History of Pakistan and Role of the Army.Karachi: Royal Book

Company .

• The writer expresses beautiful excessive information about the civil military

relations, the dichotomy of ‗civil‘ and military relation. The book is a contribution

of various experts. It is divided in to ten parts, in first part civil military relations

are defined with the help of the approaches of modern and traditional concepts. The

36
 defense budget, along with the formation of foreign policy formulation is defined

in this book. In the II paradox of military politics in sub-Saharan Africa, Armed

force in Latin American politics, the politics of North African Armies the civil

military relations in Indonesia, China, USSR and the US are defined in this book, a

clear picture is seen of the civil military relations in developed and developing

states. The role of military in different ways and politico-military settlings are

comprehended. It also attempted in this book to bring together a collection of

studies of military and national security from different perspectives and providing

a base for comparative analysis of state institutions.

Coch,C. l. (1974). Civil Military relations changing concepts in seventies.USA:

Michigan University press.

• A meaningful discussion on the elections in Pakistan with the help of events, related

to politics, making of the constitution, works of democracy, the works of the

assemblies, role of judiciary, democratic norms of the society, role of politicians,

role of the rulers, role of the army, works of political parties and the democracy in

the country are discussed in this book. The history of Pakistan‘s elections is

presented as a chess-board. Discussion about the working of governments and

legislatures from independence to till is briefly discussed. A stay which affected the

democracy of Pakistan by Malik Gulam Mohammad and then by those Presidents

who did not like to accept their constitutional status and were not willing to follow

the norms of democracy. They were not ready to accept their status as titular heads

of the state. All of them behaved like powerful presidents and not surrendered. Book

portrays the character of Major Iskander Mirza, Ayub, Yahya, Zia-ul-Haq and

Musharraf in the form of ‗Presidents supra‘. All their activities for strengthening

37
 their tenures are defined, general elections of 1970s, 1977, non party based elections

of 1985, civil governments elections from 1988-

1997, the military coup, Musharrf‘s reforms, local elections, establishment of

PML(Q), and their activities are explained in detail.

Muhammad, H. (2012).General elections in Pakistan some untold stories and

personal experiences, formersecretary election commission of Pakistan.

Lahore:Mavra Publishers.

• Defined the political culture of Pakistan. The book is the combination of various

articles, according to this book Pakistan is a country that is gaining crucial

importance with the fastest population growth rate, soon it would be the world‘s 6 th

largest Muslim country outpacing Indonesia. No country is important to US than

Pakistan in this region. It has already the fastest growing nuclear arsenals in the

world producing more weapons today. The US and Pakistan have had a very

conflicted relationship for half over a century. Some have described it as a roller

coaster ride of highs and low, other as a very dysfunctional marriage that gone

through courtship. For most of the last century the US has perfect partnership with

the military dictators of Pakistan, enthusiastically embracing all four Generals who

have ruled Pakistan. President from Kennedy to Bush have invited them to the

White House for state dinners and intimate consultation. Jointly they have

embarked on great clandestine projects these have included the US base in

Peshawar in the last 1950s; Henry Kissinger‘s secret trip to Beijing from Islamabad

in July 1971, the covert was against Soviet Union in Afghanistan that helped to

destroy the USSR in the 1980s, and the battle against Al-Qaeda in this country. All

had been done with the help of involvements by the military dictators, despite the

38
 proclaimed comments on democracy. He has provided little information on

Pakistan‘s civilian leaders who have ruled over the decades. The

US is not wholly responsible for Pakistan‘s unhealthy civil military relationship but

a lot of inner problems are also responsible for the weakened relationship.

Cohen, S.P. (2012). The future of Pakistan.Vanguard publishers.

• The late ex-prime minister of Pakistan has explored here political experience in this

book. She wrote this book in her exile life when she was watching the activities of

the government closely. She wrote boldly on different topics, the incorporated

economy of Pakistan, Pak- India relations, the role of the intelligence agencies ,

political structure of Pakistan, Judicial crisis in Pakistan, importance of democracy

and its rehabilitation for the third world states is found in this book. She also

suggested that all the activities of terrorism can be overcome with help of pure

democracy. Difference between civil and military governments is also hilighted-.

Perceptions for Musharraf government are presented in this book.

Bhutto,B.(2008).Military, Agencies and Democracies.Lahore.Roshan publications.

• The writer was the partner in the military coup which was implemented by General

Pervez Musharraf. All the activities were performed by his office. The writer has

chalked out various secrets of military which were still hidden in removing the civil

government of Pakistan. Kargil episode, the dialogues of the Prime Minister and

Military, role of the intelligence agencies, military training of hi-profile officials in

US and their activities are checked by the CIA. The personal repute of Musharraf

and his change after coming in power, agreements which were signed by the

Musharraf for airbases, NATO supply and handover the

39
 wanted men to US is discussed. He exposed that in kargil episode the activities were

performed by the Pakistan military not a single man of lashkare taiba was involved

in it. The experience of 9/11, Kargil episode, It is always focused on the benefits of

US; military intelligence which was examined by him is seen in this book. Political

drawbacks, their causes, immature decisions of military dictators are defined and

suggestions are discussed about the political structure of Pakistan.

Aziz,S.(2013).Ye khamoshi kahan tk(urdu).Islamabad. Seven spring publishers.

• Writer is critical expert of interviews. In this book he interviewed the key Generals

in the political system of Pakistan. The military intervention is becoming so

powerful. According to the need of relevancy, 18 Generals are interviewed,

A.K. Niazi, General Tikka khan, Rao Farman, General Hamid Gul, General Asad

Durani, Javid Ashraf Qazi, are special. Qazi was the first friend of General

Musharraf and special links with the ISI and the religious groups. Major General

Naseer-ullah-Baber and Brigadier Imtiaz are interviewed for exploring some

sectors for civilians, students of political science. The role of General Aslam in the

elections of 1990s about distributing the money among the political parties against

Pakistan people‘s party for hug- parliament. The activities of General Zia and the

work of military have checked with the help of Zia‘s close companions like General

Faiz Ahmad Chisti and General K.M.Arif. The causes of military intervention, its

results and remedies are discussed in this book elaborated through the interviews.

Top secrets and the mind of the administrators are elaborated through interviews

which were conducted by the writer.

Sohail.W.(2006). Generlon ki siasit(Urdu).

40
• This book covers the initial stages of Pakistan‘s constitutional development, the

hindrances and factors which helped in making the process of constitution in

Pakistan. Constitution making process was so coercive and complicated. The first

constituent assembly which was set in 1947 was not able to complete its task of

framing the constitution; rather it was not permitted to finalize the work, which was

so near to complete. Importance has been given on detailing the problems which

had to be faced in framing the constitution of Pakistan. The period of nine year

spent in making the first constitution of Pakistan. How? And Why? All the reasons

are discussed in this book.

Chudhary,G.W.(1969). Constitutional development in Pakistan. USA: longman.

• The effort of these men brings together six chapters of various aspects on the rule

Of General Zia. Both the authors of this preface met Zia a number of times. He was

the man of principles, determined, without hesitation and with candor. This book

covers different aspects of Zia‘s era in the history of Pakistan. Kamal Azfar, Babert

Laporte also contributed in this book according to his own experiments. The book

not only covers the life of Zia-ul-Haq but also others who helped him to strengthen

the period of military rule in Pakistan, a new history was developed.

Burki discussed the Zia‘s works of eleven years against communism, economic

prosperity, democracy, important events which occurred during his tenure. Baxter

has discussed, restructuring the political system of Pakistan. How Pakistan gained

the status of international player against communism, the events of Zia is discussed

in detail. Robert Le Porte and Kamal Azfar also have discussed about the

constitutional amendments and political structure of Zia.

41
 Burki S. J. and Baxter C. (1991).Pakistan under the military eleven years of zia

ulHaq. USA: Westview Press.

• An informative and interesting book, It has the latest updates and so informative

about the history of Pakistan. The geopolitical, social, cultural and economic fields

are covered. From the Muslims of the British till the period of 1999, the struggle of

the Muslims, and after receiving independence, the status and steps are discussed in

this book. Economic development, its hurdles and causes in its promotion are

touched briefly. The social development, its ratio, population, status of women is

disused in 4th chapter. In 5th chapter poor governance, corruption and misdeeds are

discussed in the manners of solution. In chapter 6 the foreign policy of Pakistan is

discussed not only with the Muslim world but also for the nonMuslim states. In the

last chapter the future of Pakistan is discussed, the historical prospects of Pakistan,

role of Islam, nation building, issues and its impacts are examined. Indications are

analyzed and translated.

Burki, S.J.(1999). Pakistan‘s fifty years of nationhood.USA: Westview Press.

• The writer has discussed and narrated collectively the political structure, federal

system of Pakistan, disinterest in Center and Provinces. Agreements of Pakistan

with other states, Pakistan has no stable political institutions, its party organizations

are also poor and it is struggling to establish a party based pure parliamentary form

of government. It has not been able effectively to integrate its provinces or distribute

the resources. Pakistan has relied on its civil services and ultimately for maintaining

the continuous functioning of the state. The institutional dominance, predominance

of Punjabis in army as well as in civil bureaucracy is discussed and its results are

also elaborated. A state structure dominated by non elected institutions, namely the

42
 military and bureaucracy is not easily amendable or transformed in third world

states. The apparent move away from the state of martial rule has given a new twist

to the longstanding contradiction. The focus on institutional imbalances places the

questions of ethnicity and provincialism in an altogether. The work examines how

a state maimed and mutilated at birth, managed to survive and how it covered its

initial problems? Pakistan‘s sovereignty in the bureaucratic and military institutions

raised a position of dominance. The arguments distinguished between the

dominance and actual intervention by the military. Americans also have keen

interest in Pakistan‘s affairs; its diplomatic study is also presented in this book.

Jalal, A.(2007). The State of Martial Rule: the origins of Pakistan‘s political

economy of defense.UK: Cambridge University Press.

• In this book the writer has mentions why Pakistan has continued to oscillate

between military hegemonic rule and democratic propensities. It has explored and

analyzed why democratic processes and institutions have not gained firm base

grounds in Pakistan and military‘s hegemony continued to prevail. In this context

the study would aim to project the two alternatives but to compete the models of

development in Pakistan. It is argued that constraints and limitations of democratic

process and the successors of civilian regimes in Pakistan are not sincere and

competent, military is heavy over the political structure of Pakistan. The proponents

and benefits of two types of political system have hampered and not strengthened

or consolidated the democratic structure in Pakistan. Forces of modernization,

education, rural and urban system are also discussed in this book.

Shafqat, S. (1997).Civil Military Relations in Pakistan from Zulafkar Ali Bhutto to

Benazir Bhutto. USA:Westview Press,the University of Michigan.

43
• The writer has compared the political system of both the states. He has analyzed

and commented on why the political system is derailed in Pakistan and is successful

in India. Indian military never intervened in the political setup while the situation

in Pakistan is totally opposite. The political leaders had always welcomed the

military regimes, not only welcomed but also requested; letters were written to

invite and control the situation in Pakistan. The political drawbacks are discussed

with the help of logics and precedents. With the reading of this book writer can

easily understand the political structures of both the states and how India kept aside

the army from political structure. Political, social, economic, moral and ethical

values are discussed. Media and the national issues have also touched upon.

Bhymia,K.M.(2011).Civil Military Relations; A comparative study of India and

Pakistan.UK: Rand Corporation.

• The writer has divided the world in different regions and categorized the nations

according to the system of democracy. It is discussed that why the some people are

not sincere about the rehabilitation of democracy? Diamond discussed the causes of

recent democratic recession in the critical parts of the world, including the crime

infested oligarchy in Russia, the strong armed pseudo populism of Venezuela, the

pathological corruption in Nigeria, and the military security state of Pakistan. He

traces many of these failed and failure democracies to the curse of oil, which stifles

financial and electoral accountability as well as the willingness of established

democracies to hold a firm line in support of civil society. Diamond cautions that

arrogance and inconsistency have undermined many of these efforts, as in Iraq and

other fragile states. To spur a new democratic boom, he urges the US and its

democratic allies to vigorously support good governance, the rule of law, security,

44
 and protection of individual rights and share economic prosperity, and free civic

organizations to inspire the spirit of democracy in nondemocratic states. Diamond

examines how and why democracy actually progresses. He demonstrates that the

desire for democracy runs deep, even in poor countries and in turbulent Middle East.

Furthermore, the extent to which democracy depends on the spirited grassroots

activism of citizens, as tactics and information often spread across the borders, as

well as on the increasingly empowered regional bodies like the European Union and

the African Union. He has discussed the changing monarchial regimes towards

democracy in countries like China and Iran.

Diamond,L.(2008).The Spirit of Democracy. New York:times books Henry Hot

land Company.

• A very important research is conducted on democracy, dictatorship, caste, subcaste

system of subcontinent. The dominant classes of this region. Democratic system of

Punjab and Bengal. The political structure and political roots of political parties

among the people of India, Pakistan and the Bangladesh. The panchiat system and

the positive response of the Congress in India till the quarter century. The

parliamentary system of India, Pakistan and Bangladesh, their merits and demerits

and causes of forward and reverse are discussed comprehensively. Political

experience of Pakistan and Bangladesh with the comparison of India is discussed.

Bureaucratic hegemony and response of landowners of Pakistan is considered major

cause of failing the civilian government in Pakistan.

Circumstances created by these above groups are responsible of the military coup.
The drawbacks of these groups and classes are discussed which will be so helpful

for this research.

45
 Stern,R.W.(2004). Democracy & Dictatorship in South Asia, dominant classes and

political outcomes in India, Pakistan and Bangladesh.London: Praeger publishers.

• A historical work is made by the writer. With the independence of Pakistan a game

of hide and seeks started of military and civil government in terms. The sketch of

British government is discussed and the causes are discussed which never allowed

pure political and democratic setup in Pakistan. The cold war in

Ayub‘s era and the economic reforms in his tenure, Yahya‘s friendship with Henry

Kissinger for China‘s recognition. The political mistakes of Zulafkar Ali Bhutto,

great game in Afghanistan and the blessing for Zia-ul-Haq, his Islamic system

slogan with the help of right wing political parties. After the removal of Zia, a

political and civil setup was introduced but it was never allowed to work properly

but a method with the name of ‗troika‘ was introduced. This historical work is

helpful for the research.

Yusuf, H.(1999). Pakistan: A study of political development 1947-97. Lahore.

Sang-e-meel publications.

• Research work of Punjab University Lahore on the hot issues is informative and

helpful for the research. There are a lot of secrets which are about to be explored,

the descriptive issues are giving information on national and international issues.

Suggestions and recommendations are given for changing the situation and not only

for the betterment of Pakistan but also for the third world states. Concepts of the

people about the military and civil government are obviously seen in this research.

The comparison of western democracy and third world states is seen collectively.

The developing concise is seen in this book which would be helpful for the research.

46
 Saeed, A.(2007). Issues and realities of Pakistan. Lahore: Research society of

Pakistan, university of the Punjab.

• The book covers the Musharrf‘s works in Pakistan. his devolution plan and the

works about the democracy is discussed with the help of amendments and procedure

according to his own will. Foreign relations of Pakistan with India, the great game

in this region and the role of General Pervez Musharraf are discussed

comprehensively. War against terrorism, judiciary and the women status in

Pakistan is described in this book. The telephonic and paper works of general

Musharraf with the ex-prime minister of Pakistan Benazir Bhutto about returning

and benefits and the introduction of NRO is discussed in detail. BB‘s remarks about

the courts of Pakistan with the name of ‗Kangaroo courts‘ are seen in this book.

The book of Benazir Bhutto ‗Reconciliation: Islam, Democracy and the

West‘ is same like this book about the political system of Pakistan and its social

setup. The book is helpful for research fulfilling.

Razvi, Murtza (2009). Musharraf the years in power.India.Harper Collins publisher.

• Book is offering perfect information about the structure of military, its services,

promotion structure of military and the internal security plans are highlighted. The

armed forces and their politics in Pakistan, the drawbacks of their politics its

aftershocks, defense and procurements, poor performance of defense owing to

political interference is seen in this book. Nuclear and missile developments are also

touched and final findings are also seen in this book. A significant finding is present

about the relevant research topic.

47
 Cheema, P. I.(2002). The armed forces of Pakistan. Karachi.Oxford university

press.

• A vital research is on the works of Musharraf in education, defense, democracy,

devolution plan, social capital and rural development is present in this book. A

structural adjustment for women is seen with the reference of Islamic teachings for

their rights with the slogan of enlightenment is present in this book. Kashmir cause

in Musharraf period is touched which is helpful for the research.

Khan, S.R.(2004). Pakistan under Musharraf (1999-2002), economic reforms &

political change. Lahore: Vanguard books.

• A joint military- parliamentary regimes from 1947-2007 are defined

comprehensively in this book. The causes of military intervention, military

introducing a limited civil setup and their drawbacks, why people dislike them, the

precedents for the political development in Pakistan and the heritance from the past

periods are seen. The in capabilities of the personnel to work under political and

constitutional institutions. The democratic gaps are defined which would be

beneficial for the researcher.

Belokrenitsky,V.Y. and Moskalenko,V.N.(2013). A political history of Pakistan.

Pakistan: oxford university press.

• The regime of General Pervez Musharraf is defined collectively. The manners in

which he controlled the departments of the state. Political, economic, social

institutions as well as the great game in this region and the appreciation of the

world leaders in remarkable manners. Restoring the democracy of general

Musharraf according to his own mind, a support of judiciary with the doctrine of

48
 necessity is also presented. A hopeless future is defined with his misdeeds, LFO, &

PCO, the role of agencies are defined collectively.

Jan, A.(2006). The Musharraf factor, leading Pakistan its inevitable demise.Lahore

:Jumhoori publications.

• Pakistan remained poor in political setup than India & the situation couldn‘t be

come back still. There are a lot of challenges to the democratic setup. Plaguing

problemsof poverty, hunger and illiteracy, growing role of money for gaining

powerare still unchanged. the absence of co-relationship and internal strife is

defined. A lot of other factors which never allowed the democracy to run

independently. The work would be helpful for the research project.

Ali, A.(1997). Pakistan today, burning issues, confronting society, economy &

politics. Lahore: Sethi books.

• The book is the combination of different issues related Pakistan like election

system, geo-strategic location of Pakistan, judicial independence of Pakistan,

sectarian and violence, Baloch liberation front, the objectives of right and left wing

groups, the overall political setup of Pakistanis put before the readers which is

helpful for the research.

Baxter, C. and Kennedy, C. H. (1998).Pakistan; 1997. USA: West view press.

• Writer takes the ideas about the democratic future of Pakistan which is

conditional. Some chances are given to the democracy of Pakistan but it is not in

the position to run itself permanently. Revisiting the explanations of democracy, its

causes, role of military, role of religious groups, political groups and their sincerity

about the rehabilitation of pure democracy. Transition of democracy in Musharraf

49
 era, its perfection and drawbacks are collectively discussed. Ethnic conflicts and the

strategic doctrine of Pakistan is also discussed.

John, W.(2009). Pakistan the struggle within.USA: Pearson & longman

publishers.

• Writer collectively discussed the four martial laws of Pakistan. the martial dictators,

their objectives, works, political setup is comprehensively discussed. They

discovered their own system according to their own benefits for strengthening their

own powers. Zia coup and the Islamic propaganda, the coup of Musharraf with the

slogan of enlightenment, their promises about the democracy but it was in the shape

of roller coaster which couldn‘t gain its goals. The political system of Pakistan is

defined, amended constitution of Pakistan according to their will, role of judiciary,

the overall sketch of Pakistan as well as of the third world state is discussed. Writer

worked on South Asia, Chili, Hattie before joining the Washington post. She

expressed the political systems of these states collectively.

Constable, P.(2011 ).playing with fire; Pakistan at war with itself. New York:

Random house.

• Series of democratic and martial laws are defined term wise. Judicial system of

Pakistan is defined, its past, present, and future perceptions are collectively

discussed. The geo-strategic culture, drone attacks and the manners of Pakistani

government and the remarks of the people of Pakistan. the murder of democracy in

Pakistan is compared with Pakistan as India is considered ideal state with the status

of world‘s biggest democracy. Both the states were under the reign of the

British but Pakistan couldn‘t run itself in democratic field. The impact of NRO and

its results for the democratic and political structure of Pakistan. the other pillars of
50
 the government are also touched for the future study of Pakistan and work will be

helpful for the research.

Talbot,I.(2009). Pakistan: A Modern History. London : Hurst & Company.

• Writer has concluded the works of three military rulers and one civil leader. This

book is so helpful for the researcher. Initially stages which paved the way for

military dictators and the role of the military is discussed. Yahya khan‘s activities

and the role of Mujeeb & Bhutto are elaborated. The interest of the people for

political gains in initial stages and its down fall gradually. In 1970 voter‘s turnout

was 61.45 percent while in 1997 was 35.42 percent. Military was backing all of

these elections and people disliked these manners. Public rejected the military

interference with the method of not to go for casting their votes. If military has so

interest to come in political setup, it should be retired or resigned persons like USA.

Pakistani generals have no patience; they come in politics with proper uniform and

forget their parent department duties. No lessons are learned from havoc past.

Writer explains military dictators whom put the base to promote their own kith &

kinks.

Korejo,M.S.(2004).Soldiers of Misfortune; Pakistan under Ayub, Yahya,Bhutto &

Zia. Lahore: Ferozsons (pvt) ltd.

• A very important work is made by the former prime minister of Pakistan Benazir

Bhutto. She explored the events and negotiated with the references. She

comprehensively defended the myth of democracy. Pure study of Islam, democracy

in the West. Sectarianism in Muslim ummah and its effects and aftershocks are

consulted briefly. Political, Pakistan and Bangladesh, situation of

51
 Iran, Afghanistan, camros, Lebanon, Jordan, Palestine, turkey, Indonesia, Senegal,

Mali, central Asia, middle east, Africa, Persian gulf, Guatemala, Greece,

Argentina, Congo‘s problems about the democratic structure are defined and some

suggestions are recommended.

Bhutto,B.(2008). Reconciliation: Islam, Democracy and the West. New York:

Simon Schuster.

• A very important study is made on the politics of Pakistan and Bangladesh. Political

setup before the partition, post independence matters, bloody separation of

Bangladesh, failure policies of Mujeeb and Bhutto. Military coups in the states, its

causes, results, and controlled democracies are defined. The practices of General

Zia ul Haq and General Zia ul Rehamn, General Arshad are collectively defined and

suggestions are recommended.

Milliam,W.B.(2009). Bangladesh and Pakistan. London: Hurst& company.

• The work on the book of Samual p. Huntington ‗the soldier & the State‘ is defined

with different logics. The structure of US military, its nature, relations of civil

military setup are defined with the comparisons of 1950‘s and present with the

logics of current scenario. Perceptions of Huntington about the civil military

relations are criticized and some suggestions are chalked out. International role of

US and services of military and meetings of civil military appointed officers, their

suggestions and fulfilling objectives are elaborated. Book is useful for the

comparison of civil military relations of developed and developing states.

Nielson, S.C.& Snidder.D.M.(2009). American civil military relations; the soldier

& the state in a new era. USA:Baltimore.The John Hopkins university press.

52
• Writer collectively discussed the civil military relations, the nature and works of the

civil & disciplined departments. Political strength of the military not only in third

world states but also in the advance states. Political weaknesses and drawbacks of

the military intervention, causes and drawbacks of the military intervention. Direct

and indirect, quasi & soft intervention, all the categories are defined

comprehensively with logics. The culture of the countries, the level of political

awareness, level of military intervention, the results of military interventions with

the examples of past and perceptions about the future are given.

The book will be utilized and helpful for my research work.

Finer S.E.(1976). The man on the Horseback: the role of the military in politics.

USA:Penguin books.

• Writer collectively defined the historical materials about the US, Europe & Asia.

On civil military relations in particular aspects, it is the best way to define and look

the pure thinking about civil military relations, theoretical work, constitutional and

practical differences, the personal interest of the US president, people‘s interest

about electing the US president of retired military generals, the work of these

presidents. The military status of German & Japan in politics is also discussed

theoretically. The influence of military groups in politics & society are defined,

which is so helpful for the research.

Huntington, S.P.(1981). The Soldier and the State: the theory and politics of civil

military relations.USA: Harvard university press.

1.2Research Objectives

1. To evaluate & analyze the nature of theory and practice of the civilian

governments in Pakistan during the military regimes.

53
2. To highlight the causes of failure of civil governments during military regimes

in Pakistan as well as to compare with India.

3. To make a concrete analysis of General Zia and Musharrf‘s efforts in the favor

of and against the democracy.

4. To understand and evaluate the role of judiciary in the context of civil military

relationship during the regimes of Zia & Musharraf.

5. To evaluate the future role of the military establishments under the political and

constitutional works in Pakistan.

1.3 Research Questions

1. Why military dictators need the civilian setup?

2. Why non party based civil government introduced by Zia failed to strengthen

the democratic system in Pakistan?

3. How the controlled democracy introduced by Musharraf influenced the

democratic structure in Pakistan?

4. How the situation created by the military rulers influenced the nature of

relationship among the institutions of Pakistan?

5. How much the military and the political entities contributed to strengthen the

democracy in Pakistan?

1.4 Significance

The civil military relationship in politics of Pakistan is a highly precious

suggestion for analyzing the foreign and the internal policy of a country, an important

subject of study to be analyzed, and discussed as a part of research project. There are

54
certain dimensions remaining yet to be explored in the academic context of Pakistan‘s

history of civil and military practices. Moreover, the military control over the civilian

governments, its motives, objectives, theories and practices, rise and fall of the

institutions will be examined in detail. To fill the gap of the existing literature and

research, it is important that our policy makers and their practitioners understand the

negative and positive implications regarding the establishment of the form of the

government and the practice of democracy. The nature of civil and military

governments will be compared and conclusive, reforms will be mentioned. The analysis

for strengthening of the political system according to the will of the people and their

promise for the restoration of democratic system would also become the study of this

research. People of Pakistan along with the people of third world states are likely to

benefit from this research, like understanding what is the meaning of democracy? There

are different forms of democracies in the world; therefore a particular model of the

system is not appropriate for the countries of the world.

Democracy simply meaning the ‗will of the people‘ is only to succeed under certain

circumstances and its acceptance by the individuals. The research has incorporated

extensive literature to support the arguments. The aim of the study is to make this

research convincing and useful for future researchers and policy makers.

1.5 Statement of the Problem

The aim of the study is to examine the working of civil military relations of

Pakistan, poor performance of political leaders and their calling the military about to

tackle the situation, the nature of the martial rulers, their mind sets and the pressure on

55
them to rehabilitate the democratic system. The military introduced the system of a

controlled democracy for strengthening its own regimes. This purpose was completed

with the help of amendments in the constitution of Pakistan. When the image of these

dictators becomes poor among the people and they resign, the political structure

introduced by these dictators also collapses. These martial dictators declare themselves

as reformers. However, the situation and the environment invite

‗Presidential supremacy‘, becoming a hurdle towards the establishment of a

parliamentary form of government. What needs to be analyzed why these dictators were

not able to promote a true democratic system and why political leaders call the military

to control the situation?

1.6Research Design andMethods

Research methodology determines the importance of a research. It provides a

guideline to conduct a research in the context of a particular paradigm. Research

methodology has two approaches; the qualitative and quantitative approach. The

present study is based on the qualitative and quantitative approaches. The qualitative

approach is applied by theorizing and theory formation while the quantitative approach

is used to evaluate the interviews in the shape of bar graphs based questions regarding

the interviews. Apart from these approaches both primary and secondary sources have

been used for present study. Primary sources include interviews from the selective

personalities, and government documents, while secondary sources are books,

periodicals, journals, magazines, newspapers and internet. All these sources remain

helpful to interpret data to reach a logical, realistic and practical conclusion.

56
1.7 Place of Work and other Facilities Available

The research would be conducted in the department of Political Science,

University of the Punjab, New Campus Lahore. Other localities would be used arethe

seminar library of the Department of the Political Science, Central Library University

of the Punjab, Pakistan study centre library, Centre for South Asian Studies Library,

Quaid-a-Azam library Lahore, Punjab Archives, Punjab public library Lahore,

National Documentation Centre Islamabad and the library of National Defense

University (NDU), Islamabad.

1.8 Tentative Plan of Research

The research has been divided in to six chapters. It is followed by chapter 1, which

states the introduction, explains the literature review, objectives of the research,

justification of the research, research methodology and the research plan. Chapter 2,

titled the theoretical and Evolutionary process of civil Military Relations elaborates on

nature of the civil government and its history,the civil government of Asia, Africa,

South and North America, their objectives, functions and their systems are discussed

theoratically. The work of judiciary in the third world countries and the status of

Pakistan are reviewed. Their similarities and dissimilarities are evaluated. The 3rd

chapter titled the History of Civil Military Working From 1947-1977, analyzes

Pakistan‘s democratic procedure, its civil military relations, the rule of the civil

governments which were assembled under the civil and military rulers from 1947-

1977. The 4th chapter entitled, General Zia-Ul-Haq‘s Hegemony From 1977-88, is on

General Zia‘s non party based elections, local government, and amendments, along with

the picture of his regime. The works of General Zia‘s regime discussed critically. This

chapter also ornates the works of General Zia-ul-Haq‘s perceptions about the national

57
defense council of Pakistan. Amendment in the constitution and the main reasons for

strengthening his regime are discussed critically. The 5 th chapter entitled,

General Pervez Musharraf‘s Regime 1999-2007, describes the works of General Pervez

Musharraf. His amendments in the constitution and introducing the local systemare

elaborated like that of General Ayub Khan & General Zia-Ul-Haq in 4th chapter. The

sixth chapter summarizes the conclusion and its findings. Being a third world state

Pakistan remained a backward country in its economic and democratic developments.

Enquiring into the analysis of the civil and the military rule in Pakistan, the causes for

the implementation of the martial law and the evolving political system of Pakistan is

analyzed. Additionally, Pakistan‘s future for the establishment of democratic state is

also put in writings.

2.1 Introduction

This chapter reviews the theoretical and evolutionary process of civil military

nexus whichdetermines their explanatory powers not only in developed but also in

58
developing countries especially examining their relevance to Pakistan.Itfurther

identifies specific variables that need to be analyzed to explain the differences between

developed and developing states. The Westerns are called the pioneers of civil military

relations. They explored many of the basic theoretical views based on experiences. But

after World War II, the process of decolonization started and the scholars focused their

attention on Africa and Asia (for new independent states where a series of military

coupe started). This trend of coups in these continents motivated a number of scholars

to work on the difference of civil military relations in developed and newly developing

states. The varying patterns of coups in some former British colonies defined simplistic

explanations. In third world states whenever the military dictators came into power,

they determined to remain in power until they were ousted by internal or external

uprisings. In Ghana, Libya and Nigeria the internal situation alternated between military

dictators and civil transitions. The military intervention in domestic politics of newly

independent states appeared with changing minds. Its (military) tendencies were totally

towards the developed states. Policy makers (military men) in particular preferred

security pacts but civil agreements were yet to be explored& promoted.

We, therefore, need to analyze carefully, a lot of theoretical propositions that

explain military interventions in developing states. There is need to examine their

internal and external behavior of these continentsin further . The researcher will be

better able to identify the variables of particular interests in these propositions, a

summary of variables that might be relevant to Pakistan and other military affected

states.An analysis of propositions relating to military affected continents is given in

table.

59
 Table: 2.2 Views of Critics about Civil Military Relations (CMR)
S.N Internal External Lo-
Critics Hi-Institutionalization Equilibrium
o. Variables Variables Institutionalization
1 S.P. Never Disturb Makes the military Military feel jealous Developed the
Huntington the CMR independent, it follows the from civilian‘s orders objectives of the
civil objectives. Balance of civilian control
CMR is seen

2 S.E. Finer Military feel itself the servant

of the state not the govt. It
has influence in decision
making. Absolute
commitment of civil
supremacy will create
political army

3 Morris Strong civilian control has Minimize the

Janowitz poor CMR. Situation vary subjective and
from country to country objective differences.
Defended the military
effectiveness and also
democratic civilian
control

4 TalukderMa Military aid Military interferes

nir-U-Zaman motivate the directly or indirectly
military to
intervene
5 Hassan Military consider itself Military blackmail and
Askari Rizvi the guardian of the displace the
state. Situation varies government. A hybrid
country to country. civil system is given.
Divided politicians
may drag the military
top brass in politics
6 Benget Extra professionalism creates
Abrahamson problems for
departments
7 Donald Political Military is called to
Horowitz elite call the intervene.
military to Institutional vacuum call
intervene the military
8 VeenaKukrj Factors Elements can Military fill the
ea motivate the put pressure institutional gap
military to
intervene
9 Amos Elements favor
Perlmutter their prominded
ethno-
religious
groups and
sects
10 RenceAdwar Motivate the Low institutions
d military to make problems
intervene in 3rd
world

Source: Writer explored these sources from the book of S.P.Huntington „The Soldier

60
and the state, S.E.Finer „The man on horse back‟ Moris Janowitz, „Civil military

relations in perspectives: strategy,structure & policy‟ Hasan Askari

Rizvi,‟Military,state and society in Pakistan, Benget Abrahamson, „Military

Professionalization and Political Power‟ Donolod Horowitz, „A Democratic South

Africa?: Constitutional Engineering in a Divided Society‟

Veena Kukerjea,‟Military intervention in politics:A case study of Pakistan‟ Amos

Perlmutter, „Politics and the Military in Israel 1967-1977‟ .

2.3 Components and Variables

A single variable cannot explain the causes of military intervention in civil

setup. However, a lot of factors and variables are causes of this trend (Luckham,

1991.p.8),(Welch and Smith,1974.p.35). These factors and variables include corporate

interests, politicizations and the disposition of military to intervene; all are the causes

of military‘s interests in civil setup. ―In which the opportunities for armed forces to

intervene successfully are maximized?‖(Finer, 1988.p.63). There are a lot of versions of

these factors in specific literature and these interpretations interlink to military

interventions are discussed below.

2.3.1 Military Corporate Interests

The corporate interests of military are very powerful, that helps to maintain the

military‘s hegemony. Basically behind these corporate interests, military‘s

departmental influence is seen. These interests become corporate when they have

common concerns of the majority members of organizations. Therefore, in the corporate

interests, organizations prefer their ends not means. The phenomena of third world

states is that the military bureaucracy become jealous with the instructions and

command by civil authorities, they ensure that non-military matters must be excluded

61
from decision making. Corporate interest is also the cause of organizational and

interorganizational security and stability, the maintenance of formal and informal

relationships and common philosophies in organizations. Scholars have derived varying

interpretations of military involvement and military corporate interests. Moskowitz

classifies corporate (institutional) interests of military in two forms; substantive and

associative. Substantive has institutional continuity, while associative has corporate and

indirect way to address such issues, as may be connected by group members or group

interests, For example the pressure of Israeli military to retain in Golan heights and

West-bank(Moskowitz,1983.p.14).

The aggressive form of corporate interests of the military is the removal of civil setup

and the direct control of the state. Donald Horowitz also emphasized on the corporate

interests of the military as it can cut off ethnic, caste, class and other bonds. He quoted

the military coups of Sri Lanka in 1962(Horowitz, 1980.pp.31-33). Finer also explored

that corporate interests are the label of armed forces (Finer,1988.p.20).In this corporate

form military institutions defend their status and privileges; they considered themselves

arbitrators in internal and external matters of the states as whole. Such a belief of the

military to intervene is called ‗serve the nation‘. Finer cites the example to illustrate

above mentioned of German army under Hitler and Japanese army in 1930‘s. He argued

that German and Japanese army had arrogance and individual careerism with corporate

interests. Amos Perlmutter also mentions the corporate interests of military can‘t always

carry on under civil setup but it also has two facets; professional integrity and corporate

exclusivity. In corporate exclusivity he mentions

German and Japanese forces while French forces for professional integrity(Perlmutter,

1978.pp.281-296).

62
2.3.2 Professionalism

Huntington addresses the military attitude towards the domestic and

international politics and military professionalism. He mentions that the

professionalism keeps the army away from politics. He accepts David Segal‘s theory,

that military is an autonomous and free from civilian control (Peri,

1983.pp.131),(Halevy,1996.pp.10-29) . Huntington identifies three main ingredients of

professionalism; expertise, social responsibility and corporate loyalty (Huntington,

1957.pp80-83). Many scholars are seen disagreed with Huntington‘s assertions about

military professionalism. Beget Abrahamson argued that perfect professionalism

creates a powerful military and this will impair the civil structure (Abrahamson,

1972.p.72). Finer also observes that many hi-profile professional officers intervened in

German and Japanese political structure during the wars. M.D.Feld also opposed the

Huntington‘s theory with reference of Algeria(Feld, 1968.pp.53-59). Martin

Edmonds also attributes that the armed forces‘ involvement in politics is also due to

their professionalism(Edmonds, 1988.p.99). Jacques Vandoorn concludes that the

concept of professionalism is unsuitable for determining the limit of political

involvement(Doorn, 1968.p.45). Huntington also defines the professionalism in his

book with the name of ‗Third Wave‘ defines the professionalism of the armed forces.

He implies that professionalization and depoliticization are the opposite sides of the

same coin(Huntington, 1991.p.243).

2.3.3 Politicization

Politicization is widely treated as the converse of professionalism. It also has

several components: first the domain of public party, the group association and the

63
pressure group. The military may participate in one area without taking part in another.

Second, army may participate in decision making and policy

formulation;internal and external policy formulation. Third is the direction of military

control (peri, 1983.p.40). Moskowitz makes a common distinction of the military

politicization with deliberate and spontaneous interactions.He concludes that

politicization in general need not to erode the civilian

control(Moskowitz,1983.p.32),(Kukreja,1991.pp.19-27).

2.3.4 The disposition and the opportunity to intervention

The disposition of the military comprises on mood and motives. The opportunity

to intervene is provided by the loss of legitimacy of the government in power. Finer

defines the intervention opportunities are not without illegitimacy of the government.

He suggests two ways of interventions; first, overwhelming the power, second is the

grievances (Finer, 1983.pp.74-75). Hopkins agrees with Morris Janowitz that military‘s

interventions are often reactions not designed (Hopkins, 1966.pp.176177). The military

coup of Pakistan in 1999 was the institutional reaction not predesigned. William

Thompson also suggests the motives and grievances of military intervention

(Thompson, 1977.pp.36-38).

Welch develops an important dimension of civil military relations; he focuses that

military must be rightfully subordinated to the civilians. Eric Nordlinger reviews

various methods of civilian control over the military; he concludes that grievances made

the military to intervene (Nordlinger, 1977.p.57).

2.3.5 The international environment

Some scholars summarized that international environment made military‘s mind

to intervene. Talukdar Maniruzzaman makes use of cross –national aggregate analysis,

64
he defines that the arms transfer of developed states to the developing states motivated

the military to intervene in civil setup (Maniruzzaman, 1992.pp.733-755). Keith

Hopkins argues that military officers from developing countries consider themselves

more competent than incompetent and corrupt civil administration, technologically

superior and modernized than politicians. Thus they decide to take over the government

relying on inherent cohesion of their organization(Hopkins, 1966.pp.176-177).While

Huntington negates the above mentioned theories with the reference of US and

Europeans appreciating the democracy in shape of

NATO(Huntington,1991.p.273). Nordlinger also favors the Huntington‘s

assertions(Nordlinger, 1977.p.63).

2.3.6 Comparing relevant propositions

The specific literature reveals a clear interface between professionalism and

corporate interests. The evidence is yet to be conclusive in this regard. The corporate

interests for example may unite disparate groups and promote concerted actions; the

attempted coups of Sri Lanka and Nigeria are its example.David Seguls observation

about military intervention with the status of freer from civilian control, in various

developing states civilian leadership is also relies on army to strengthen their semicivil

rules. While dealing with internal disorders also strengthen the authority of the

military(Rizvi, 2008.PP.10-11). Diversity is found in the nature of civil military

relations across the time, it would never be true to say that existing theories are falsified

by empirical record. But a perfect way of theories is needed that can help us to explain

important puzzles.

2.4 Typology of Civil Military Relations

Prior to entering into the conceptual discussion, after theoretical perspective this

part begins by elaborating the meaning of some of the definitional issues of civil

65
military relations. A simple definition of civil military relations is one that relates to the

interaction between the armed forces and the civil society. Therefore, the interwoven

relations are compulsory for each other. But these interwoven relations developed with

the passage of time. These relations established with the origin of the society, and

developed gradually with the progress of the society, civil military relations are different

in developed and developing societies.

This chapter also deals with the evolution process of military; its relations with

the societies and civil governments, civil military relations in developed as well as in

developing states are discussed in particular. Specially two cases are taken in this

chapter, US from advance states and India from developing states. Why did military

support the civil government in advance states like USA, and why could these manners

not be promoted in the third world states? How did India, being a developing state,

managed military intervention in civil discipline? What were the motives of the military

intervention in the political and civil setup of these developing states? It was the need

of the hour to work on the civil military relations and it was tried to sort out a perfect

way for defining the boundaries of every institution.Which would be helpful for the

establishment of developing states? When institutions would work in its remaining

boundaries, political culture would automatically be developed. Advance states

institutions created such environment & received the title of civilized and advance

states. This philosophy developed in this shape with the passage of time.

Before 19thcentaury a single person or a group of the people was running all the

institutions of the state. In 19thcentaury civil and military institutions separated

themselves gradually. But in the third world states where societies were conservative,

this difference could not be promoted as compared to the developed states. Those

societies, who accepted this difference, gained the status of advance states and

66
conservative societies were called 3 rd world states because they never accepted the

enlightenment and liberalism.

A controversy was present in 19 thcentaury between the experts and the

politicians about the limitations of the civil military departments. This relationship was

examined or understood with the help of evolutionary process (Danopoulos,

Vajpeyi, Baror, 2004. P. 63).

2.5 Evolutionary Process of the Military

In past, military was multi-purpose institution, it offered services not only in

battle fields but also in civil administration and lead the state politically as the rulers of

the state. Military commander was also used to be the king of the state. The expert in

the military affairs and having Martial mind, who saved the state from external

aggression, was nominated king in German and Europe in 7 th and 8th century, but

gradually above mentioned culture lost its importance. Civil military relations had been

the subject of extensive debate since its identification. It was considered as a separate

and independent institution in 19 th century. In 19th century civil and military institutions

had their own identification. Theory of separation of power was dominated, military

was acknowledged as a separate institution, gradually the concept of civil military

institutions developed in that century while these institutions also organized themselves

in perfect forms(Sills, 1979.p.433), (Downey, 1977. P.5).

In 20th century the debate of civil military institutions strengthened itself on permanent

basis. Military technology, military experts and world wars forced the people to accept

it as a separate institution. Civil governments depended on the military and weighted it

equally. So, civil military relations were discussed with three basic dimensions in this

century.

• Allocation of the state sources to the military, recruitment, supply of the

67
 military forces, the quantitative issue of the size.

• The dynamic issue of how, why, and when military powers would be used.

• The qualitative issue of organization, composition, equipment anddeployment

of the armed forces and the types of the equipment to be given them

(Huntington, 1977. P.1).

The above mentioned reasons forced the governments to make plan for military.

How, why and when military would be called, in which shape it would be organized?

A theory with the name of balanced importance and weight was introduced. ―We also

must keep in mind peculiar nature of the role performed by the military, trained in the

management of violence; it is most powerful, disciplined cohesive institution in the state

under the control of the civilian authority which is often plagued by political and

economic weakness and instability.‖(Doorn, 1975.P.65).

Doorn‘s defined situation was suiting for the Asian, African, and LatinAmerican

states. In Third World States military intervened and strengthened its powers, this

intervention lost the morale of military and its institutional capabilities also decreased.

Huntington defined the civil military relations as, ―Civil-military relations suggest a

juxtaposition of divergent interests between two vital pillars of the state‖(Huntington,

op.cit. p. 487).

The above mentioned statement divided the state into two groups. One was civil

group including sub institutions and the second was military. Military gained this status

with the help of its disciplined, organized and independent ammunition dealings. Civil

institutions used military to overcome the severe situation, the quality of the military of

overcoming such a situation made it an independent institution and governments

strengthened themselves with the help of military operations especially against the

opponents of the governments in the third world states. So, it was necessary to mention

68
there that Civil-Military relationship was not one to one relationship but it was the

multi- dimensional relationship (Fluri, Gustenau, Pantev,

2005. P.68).

2.6 Military Profession in Historical Perspective

A profession is a group work having special characteristics and particular

functions.―Professional or regular military service, as contrasted with irregular or

nonprofessional, is service in some sort of military force with stands ready in peacetime

as in warto carry on military activity. Professionals serve long enough to become skillful

in what it takes wage war.As soon as man in society had invented the division of labor,

professional forces came into being‖ (Mills, 1974. P. 452).

From very start societies used the powers for gaining the status, defeating the opponents,

but the statement of Huntington ‗Highly specialized characteristics‘ military

established in 19th century after a long run of time.

―Man‘s use of bows & arrows preceded the sowing of the first wheat seeds by

the farmers‖ (Thomas, 1989. P. 58).In Mesopotamia & Egypt states, military was used

to gain water & land for cultivation. At that time there were four types of military.

• First, the guards of the King.

• Second, Provincial military.

• Third, professional military.

• Common citizens who were called in emergency (Para military).

If these statements are analyzed it would be concluded that perfect military

departments established on regular basis gradually. But this perfection had a long

historical background, step by step it made itself important for the state in a separate

form. Man realized the military importance from very start. This realization was

completed in 19th century with the title of regular force.

69
2.7 Episode of Athens and Sparta

King was the military commander of all these four groups mentioned above. He

was also the big boss in religious, political, social and in judicial affairs. At that time

the basic purpose of the military was the defense of the country as well as to bring the

economic prosperity (Byler, 2006. P. 144). In 7th BC Europe was busy to promote its

military on regular basis. War was common practice for the Greeks in tribes and in

private life. But this practice ended itself with the removal of Homeric Ages, and a

disciplined form of military institution was established. It was compulsory for every

citizen to get military training for two years and regular service was also compulsory

for him (Cowley, Parker, 1996. P. 89). He could also be called at any time in emergency

and for the safety of his own motherland (state).

The controversy between Athens and Sparta strengthened the military on ground

floors. ―The system developed by Sparta was actually a response to the constant threat

of war faced by the Spartans‖ (Hackett, 1983. P. 10). Sparta conquered its neighbor

states and it became a garrison society, they deliberated that their safety was in powerful

military. Every citizen was bond to pass his youth in military, Thirteen years were

compulsory for military and he could also be called in emergency. Thesecircumstances

presented the environment of military state.

―The values of the society became pro military one, and Spartan victories over the

Greeks were infect victories of a state organized above all far war over a state‖ (Thomas,

1989. P. 58). Spartan kings were military Generals; they were also the masters of

political affairs. In this way Sparta was the combination of politicomilitary powers

(Whitby, 2002. P. 90).

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2.8 Roman Episode
Romans had also unique qualities in their civil military relations. It is called that

the ‗history of Rome was the history of the armies‘. In simple words military was all in

all or the administration of the state. It could not be unattached from civil setup. Those

persons, who lead the military in successful manners with minimum tenure of ten years,

were appointed as administrators, magistrates, Governors and politicians.

Romans established a ‗Proconsul‘ it was created with the aim of placing the commander

in chief in control, this office was used very effectively by subsequent emperors like

Caesar and Pompey. This set the trend to keep the army under civil setup (Jacobs, 1986.

P.24). The council could call the people for military purposes.

2.9 Categories of the Military

When this soldier was called in emergency, it was compulsory for him to bring

his own ammunition and tools from his home. This trend created categories in the

military because rich families had fast and healthy horses, latest ammunition, while the

poor had nothing. As a result military was divided into three categories; first rider,

second infantry and third was used for moving the ships in sea activities it was called

Navy later (Valpy, 1820, vol. iv. pp. 49-53).

2.10 First Military Coup in the World

King Gainus Marius introduced a new term of military in 107 BC; He

handedover the military powers to the military commanders. Soldiers took their oath

before the commanders; their contract of service with the commanders was for ten

years. These commanders developed the military with new reforms, the classification

of the military was abolished, and military established itself with a strong single pillar.

It was in perfect disciplined form. This powerful military created problems for the king.

71
An approach developed how to ‗control the controllers of the peace‘. A system which

was created by the king to introduce a civil king, these Generating military commanders

disturbed the poor civil system of that king. These military commanders changed the

kings according to their own objectives at any time. This practice of the military created

a civil senate. It was totally under the military. It was the first example of military coup

in the history of the world (Matyszak, 2008. pp. 22-29). These military commanders

were busy to gain the power, it decreased the professionalism in the military

―Thesoldiers insensibly forgot the virtues of their profession, and contracted only the

vices of civil life‖(Gibbons, 1954. P. 109).

Servicemen became rulers and rulers became slaves. Military men were

awarded with the land and ex-rulers served these military men to cultivate their lands.

A system of feudalism was introduced; military was in administrative class. When the

common people were deprived, consequently this feudal system automatically

collapsed. A new trend of military was established in form of rented military.

2.11 Rented Military

In 1360 a ‗treaty of Breting‘ was signed between France and England, so threat

of war was decreased, these states retired a lot of military persons. In these days

Italy was disturbed from civil insurgency. These military men went Italy for earnings,

theywere hired by Italy to overcome the problems, these military men played well but

they always offered their services with heavy prices(Storrs, 2009. pp. 23-25).They

preferred economic benefits and utilized their profession as a business(Katel, 1971. pp.

240-242).This form of military was defined by Machiavelli, ―Disunited, ambitious,

without discipline, faithless, bold among friends, cowardly amongst enemies, they have

no faith with them‖ (Machiavelli, 1952. P. 12). When military discipline became a

72
profession for earning money; it was immoralized by the society. So, the war of thirty

years (1618-1648) paved the way of new professional standing army.

2.12 A New Dimension of Military

In 17th century it was clear that a rented army was used for war and it was

dispersed after the wars. It was considered not good for the defense of the state. States

took measures for the regular military in 17 th century first time. A perfect system of

recruitment, pay package, and a job structure was introduced. It was fully regular force

and accountable to the government. Proper uniform and war laws were implemented. It

was very first time that military was separated from civil setup. First of all, this

procedure started from Sweden, and then Britain and France collectively followed it. It

was structured that the military personal were promoted on merit. But in reality

Aristocratic hegemony was the merit: entrance, education and advancement in the army

were based on birth, bribery and political influence. The concept of merit as criteria was

non-existent. It was the case in Prussia, France and England in the 18 th century. Infect,

there was a major difference between the soldier of 18th and 19th century. Discipline and

responsibility to luxury, courage and individualism, the reason being that for the

aristocrat, officer-ship was the part of his life, it was not his profession but was an ―

incidental attribute‖ of the status he enjoyed in society.

In very start military officers of US were elected, merit was not for highest posts

of the army, the same situation was of the Navy. Political and personal influence was

on the peak in selection. Promotion and retirement trend was absent, officers preferred

to die in their duty boots. Juniors were deprived from promotion due to the lack of

service structure.

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2.13 Democratization of War

With the downfall of classified system and merging of feudalism in the 18 th and

19th century a new approach of civil military relations developed. American Revolution

in 1776, French revolution in 1789, Napoleonic War (1794-1815) all these incidents

strengthened the military institution with patriotic passions (English, 1998. pp. 248-

250).

Another aspect of this opening up was that for hordes of citizen to some

semblance of discipline, they had to be patriotically motivated. A motivation could not

take place unless the citizen considered himself an important part of the state. At this

time military was present in disciplined form with patriotic manners. Napoleon a

common citizen promoted himself as a General and became the king of the state. In

1793 France persuaded its army with the slogans against Austria and Prussia.

On the other hand Prussia also had new rules for wars in 1808. ―The only title

to an officer‘s commission shall be in time of peace, education and professional

knowledge, in the time of war, distinguish valor and perception, all previously existing

class performance in the military establishment are here by abolished and every man

without regard to his origins has equal rights and equal

duties‖(Huntington, op.cit. p. 32),(Burger, 2006. P. 42).

2.14 The Origin of Professionalism

Military profession undergone a lot of changing in 19 th century, Military

separated itself from civil setup and a perfect difference was visible in the 19 thcentury.

74
Technologyintroduced modern reforms in every field of life. England separated military

from police in 1829(Backet, 2007. pp. 5-8).

State fulfilled all the basic needs of the military. The birth of any national state

was another majorimprovement in enhancing military profession. ―The introduction

of the democracy also promoted the military department, ―The phenomenon of

democracy was also another vital catalyst‖ (Hackett, op.cit. p. 133).

2.15 Twentieth Century and Civil Military Relations

In twentieth century military had only a single objective to save the state

boundaries; all remaining issues were dealt by the civil administration. In USA and UK

military was totally separated from civil setup, it was dealt through committees of the

parliament and the congress. Russia also changed its strategy and gave a new idea of

patriotism to the military. The military of Russia also gained the status of perfect

military equal to the USA and UK. It was called red army on the basis of ethical

values(Byler, op.cit. pp. 182-184).

2.16 World War II (1939-45) and A New Trend of Civil Military

Relations
A third wave of civil military relation came after WWII in Asia, Africa, and

Latin America. The belt ofAsia, Africa and Latin America was colonial. People were

not organized. Only military in these colonies was in disciplined and well managed

form. There were two ways of governing, one direct control of British and other

colonial; they promoted colonial system for prolonging their tenure whereas Military

helped these states to get independence. This awareness was called a ‗long drawn out

evolution‘. Military of Egypt, Algeria, Indonesia and Burma helped their people to get

independence from invaders (Cohen, 1976. P. 216).It improved the image of military .

Political backwardness and poor economic policies of the governments also motivated

75
military to intervene in some countries like Nigeria, Libya, Ghana, Burma, Pakistan and

Turkey. In some countries semi military government was introduced after the WWII,

civil military relations were disturbed due to the poor political system of the third world

states.

2.17 Classification of the States

Amos Perlmutter had classified the world; he mentioned four categories of the states.

2.17.1Classical Nation States

According to him classical nation state had strong social and institutional setup, it had

three particular characteristics.

• first it had legitimate government,

• second it had perfect institutional framework,

• Third their government was according to their own wills (democratic).

Classical state had no disputed boundaries; mutual co-operation could be seen among

the people of these states.Civil setup paid its total attention for its institutional

perfection. UK was called a classical nation state where civil authority had total

controlover the military.

2.17.2 Colonizing nation states

―The colonizing nation-state was set up in a new territoryon European

pattern‖(Kaushik, 1987. P. 27).

Colonizing states were those states where government had total control of the state,

political, social and financial affairs were dealt by the government. In very start of

these states, military had vital role in state policies. Political and economic matters

were dealt by the military but with the passage of time political setup became

prominent and military adopted a separate way as in institution. Now, military

76
could pass only suggestions but decisions were made by the parliament and

congress on the recommendation of the committees.

Colonizing state are America, Canada, Australia and Israel.

2.17.3 Colonial-nation states

Against the classical and colonizing states, colonial states also had political

setup but this setup was too much poor, people had little political awareness, boundaries

and provincial disputes were on peak, civil insurgency was found at every level, so

military was used to overcome such problems. Military had immense importance in

internal and external matters. Pakistan falls on the perfect definition of colonial nation

state.

2.17.4 National liberation movement-nation states

Such states came into being after civil insurgency, Military established new

boundaries of such states. Military played key role there, internal and external affairs

were dealt by the military, it was in the power and it used various methods about its

legitimization. Political and civil institutions were under the military. If there was civil

setup, it was also in the form of semi military. Soviet Union, China, and Vatnam were

its examples.

2.18 Classification of the World

Critics classified the world states with development of the relations according to their

financial status, political rights, and civil liberties, humanity and freedom of

expression.(Landman,2003.pp.3-7).

• First world; Capital states of the world like USA, Japan, Australia and

European Union were called first world states.

• Second world; Soviet Union and East Europe was called second world.

77
 (Schmit, 1974. P. 1).

• Third world; states were poor in economic and social values than the advanced

ones. These states were in Asia, Africa and South America. The institutional

infrastructure, political organizations were poor, political leaders gained

personal benefits not national, they could not use the natural sources in perfect

manners, so to see such activities military intervened in the political setup of

these states because there was only a single department which was in disciplined

form only. ―The military has intervened either directly or indirectly in the

political process of 132 countries across the world and has ―shown a growing

tendency‖ (Kuashik, op.cit. p. 46). The poor institutional structure could not

define its boundaries. Lack of political infrastructure let the military to intervene

in third world states.

David Shimit wrote that some first world states also had the same political

system of third world states. As their economic system and prosperity was so

strong to disallow the military intervention. But the situation of third world

states was poor not only in economic field but also in all the institutions.

2.19 Status of Obedience and Legitimacy

In 20thcentury civil military relations were based on the following grounds.

• Political elite was informed about the national security concerns as well as the

military was ensured to allocate all the basic needs.

• Government was advised to adopt the certain policies from the military point of

view.

• Implementing the decisions takenby the political elite whetheror not military

accepted the wisdom of these decisions (Wyatt, Gal, 1990. pp. 76-78).

78
 Military always demanded more and more sources, so controversy could be

found in the state‘s civil military relations. This controversy depended on the

professionalism of the military. It had great conflicting potential over the

civilian establishment. Jacques Van Doron also favored the above mentioned

statement, where democracy was in full form and military was also busy in its

own professional works. Military institutional perfection forbade it to interfere

in civil setup.

The second name of the military perfection was obedience; military top brass

was obedient to the civil setup. Huntington also mentioned the Shakespeare‘s

drama ‗Hennery V‘ a soldier believes that he needs neither ―know‖ nor ―seek

after‖ the cause (for what he fights). If the king is wrong his obedience to the

king wipes his all crimes.

In 20th century the single option kept before the military was to obey the civil

orders and not to criticize the government. Loyalty and obeying the orders were

considered the features of a good soldier. Political and ideological objectives

were changed but the military objectives remained the same at every time.

2.20 Specification of Military Loyalty

The question was there how much military would be loyal? Or what was the perfect

meaning of obedience?

There could be many situations raised in which obedience became difficult to express.

There were some complications in obedience. If military realized that civil government

was on the wrong way then what should military do? If political elite confessed its

wrong policy, the matter could be solved otherwise situation would be against the civil

setup. But In this matter universal principle could be adopted that military would always

follow the civil setup. This is the base of such ruling powers that exercised powers with

79
the consciousness on the government‘s part and that it had the right to govern with some

recognition.

Legality is the ability of a system to produce and maintain a general belief that the

existing political institutions are the most appropriate one‘s for the society.Problems

always occurred when military discouraged the legitimate right of political government.

In the west some critics also defended the military to handle the situation but the western

societies disliked it, they always encouraged the civil setup.

Any person or group as well as the army that could be successfulin strengthening the

support of people, it could claim the legitimate government. So it was an open way for

military intervention and replacement of civil power, pretending that it was the will of

people.But the developed societies discouraged the military intervention. ―Not only

must the military learn to accept civilian supremacy as the norm, the civilians must also

demonstrate their own effectiveness‖(Cohen, 1990. P. 179).

Further Cohen‘s statement was dampened with, in war and all defense related problems

military considerations were just as important. Thus it follows that the performance of

the political leadership is just as important. If the political leadership is unable to

manage the affairs of the state, the military would consider intervention not only for the

sake of the nation but to preserve its corporate interests as well as for the compensation

of civilian incompetence.

Cohen also argued about the military intervention only in coercive situation and it must

be limited.If the political leadershipgiving these orders has legitimate authority,then the

actions of military become morally neutral. But if the legitimacy of political elite

deteriorates the state then soldier must examine the morality of his actions.

Civilized citizens and perfect military never violated the limitations in the advance

states. Huntington quoted examples of such states in his book like the failing military

80
coup of Germany in1944 and France in 1961. Civilized societies always discouraged

such activities of the military. But the situation in the third world was totally different.

2.21 Military of Third World States

All the theories and approaches about the civil military relations in the third world states

were totally opposite in advance states. The earliest predecessor of the term,

‗Third world‘ was the ‗Tiers stat‘ in January 1789, Abbe Emmanualsi eyse, a French

priest and politician had heralded the emergence of the ―third Estate‖ in the pamphlet,

titled ―Quest ceque le tiers stat‖ in July that year, the Bastille fell and in 1791 the new

constitution of the French republic declaring the rights of man and of the citizen was

presented while the birth of the third Estate announced a new order in the relationship

between the citizen and the state, the birth of the third world in 20 th century announces

a new order in relationship among nation state(Patel, 1983. P. 59). The merging trend

of the military intervention can be examined that in 1962 military intervened in the

Latin America with 1% but in 1973 this ratio was 10% in the same period this ratio also

increased in Africa from 2 to 15%, in 1987 total 56 states of the world were under the

direct army control (Smith, 2003. pp. 173-176). Military of some states had played vital

role in independence movement like Qabris, vatnam, Burma, Iraq, Egypt, Sudan in

freedom movement. The military of these states gained accidental benefits after

independence when civil government couldn‘t manage the problems of the states. The

only single example of India was seen which maintained the civil setup on permanent

basis with the help of perfect political elite. But the societies of third world states, where

politicians were unable to control the circumstances, provided opportunities of military

intervention (Kaushik, op.cit. p. 46).

81
2.22 Military Case of USAand India
Two cases of civil military relations would be discussed there. First from advanced

states second from third world states, Basic features and procedures would be

examined.

2.23 Civil Military Relations of USA

With the emergence of US it had only 700 regular force, its geographic isolation did not

force her to establish strong military. Instead Americans followed Europe and adopted

the liberal manners. They completely strengthened the civilian control and virtually

expelled the military from political cycle. Military commanders also remained

politically neutral. They never challenged the civil writ and proved loyal to serve the

ends of the state. With the help of this trend it was called a ‗democratic army‘. The

democratic regime of US remained unchallenged. There were a lot of factors of civil

supremacy in US but some of them are as below (Policy direction civil affairs, April,

2008).

2.23.1 Liberal approach of US people

This, approach of US people, defended the democratic setup, defense problems and

foreign policy from very start. Political parties also defended the thinking of the US

people. It concerned not the military personal. The military personal must assume the

policy and think that it was the representation of all the interests of the state and he must

obey it. (Huntington),(Segell, 1998.pp.23-26).

2.23.2 Constitution of US

Constitution had ambiguity about the military functions, it integrated the military affairs

into politics and politics into military affairs, later it was decided to divide the civil and

military responsibilities. Military affairs were dealt with the help of the higher civil

setup. Constitution divided the powers in broader terms to president and the congress.

82
Congress had legislative functions while president had executive. But constitution also

assigned some executive duties to the congress and some legislative to the president.

Impeachment of hi-profile was dealt by the congress. Funds could be doled out by the

congress while president could run the administration with the help of the executive

orders. In simple words a system of check and balance was introduced (Cohen,

1995.pp.141-142).

2.23.3 Theory of separation of powers in USA

Military control was divided between the president and the congress. President appoints

the commander-in-chief of the army while all the military affairs are dealt by the

secretaries. Theory of separation of powers introduced the three ways; first, it enhanced

the role of the congress, second, it interlinked the hi-profile of the army and the

congress, and third, it introduced the balance of the institutions. Theory of separation

of powers made the congress and the president independent for each other. These

separate sources of power further dampened with the help of the interest-groups of

congress and the president. Both were considered highest authorities and both shared

the ultimate powers to govern the system of the state.

2.23.4 The power of purse and sword

Congress was given the power to pass the defense budget, if commander-in-chief started

the war against state‘s enemy, it was compulsory for him to take approval from

congress. Turf and budget of military was dealt by the congress. Theory of separation

of powers defined the powers of the authorities, no one has chance to violate these

powers. With the help of it military is encircled, it was mentioned that military would

be called to suppress and repel the invasions. The promotions of the military personals

are confirmed by the congress. People considered it their fundamental right to keep the

83
army under civil setup. They do not far see the rise of the military profession. Before

the civil war of US, military was not a significant institution in United States. Various

presidents of US had little interest to strengthen the military department. Congress

members also bounded the military with their abilities. The method of two chiefs was

introduced. Congressional control over the military was introduced with the power of

the purse and the power of the investigation of hi-profile. Congress rejected the three

appointments of the military officials by the president Truman. There was

unwillingness of the congress seen about the nominations of Eisenhower. Congress did

not give attention to the military affairs; it always ignored the professional military

advice. Consequently, the dealing of the military affairs was dealt by the president.

Military used the president to deal the defense affairs directly. Military officers also

universally felt bound to the president‘s decisions. General MacArthur exclaimed in

1935, ―We are merely the agent of the president‖. In war period congress was

prevented by the president to delay the funding to the military. Military budget was

submitted by the president to the congress. To meet the security challenges military was

made semi-independent under the supervision of the president with the title of the

commander-in-chief of the army.

This function was called ‗safe play function‘. Supporters of the military were also

present in the congress to manage the crisis for the security of the state (Congressional

recordings and debates part12, p.17043),(Dewherst,2007.p.418).

General staff act of 1903 defined the role of the army chief and defense secretary.

Loyalties of the chiefs to the congress were mentioned in the constitution. It was proved

by the military men with practice. According to HuntingtonMilitary officers were

overall far more conservative in their attitudes than other major groups in American

societies.

84
―The supremacy of the civil over the military is fundamental to the American system

of government and whole heartedly accepted by every officer and soldier in the military

establishment‖ (MacArthur, Reminiscence,p-393).

2.23.5 World War II and US army

Before WWII US military was not given as such authorities to tackle the emergency

situation but in WWII military was given free hand, the military of US proved loyal to

the constitution, it never challenged the authorities of civil writ. Military was prove d

loyal to the civil setup of US, policies were followed which were passed by the

congress. Military devoted itself only for battle grounds. Military leaders preferred to

define that ‗power remained here (in congress) it would must laid here

(Nielsen,Snider,2009.p.112).

2.23.6 Liberal approach and its changing

Although, people of US had liberal approach and they adopted the policy to limit the

powers of the military but on various points military was given free hand to handle the

situation directly. With the destruction of ‗Pearl Harbor‘ military was given the free

hand to take ultimate victory. Military paid its services under the instruction of the

president. It was said that the president of US (Roosevelt) had no such command over

the military like the prime minister of UK (Churchill). But daily contact of the president

and the military chief kept the situation in right direction. The attitude of the military

was totally against the civil setup at that time. Admiral Leahy quoted, ―we felt joint

chief of army staff should be permanent body responsible to the president and JCS

should advise the president on national defense budget‖. During war a lot of military

officers were appointed on civil posts, these appointments gave the sign of

militarization of the government (Cimbala, 2012.p.83).

85
In emergency military carried on diplomatic negotiations and secretaries were

bypassed. During war this maxim was famous, ‗trust in God and general Marshal‘. But

after war this power was retaken by the congress. Congress had no absolute rules about

the military. It changed its policies with the passage of time. Its basic function was to

defend the strategic pluralism (Sharp, Wiseman, 2012.p.14).

2.23.7 Committee system of the congress

Congress discharged its duties through committees. All the administrative and political

matters were dealt by the committees; these were independent in using their powers.

Congress had six committees about the military affairs; officer‘s promotion policy,

universal military training, and selective services of the military organization, military

pay scales, air force organization and services bills of the armed forces were managed

by these congress committees. Members and chairmen of these committees showed

their full interest to deal the affairs perfectly. Senate committees had additional powers

of acting upon all the promotions in the armed services and appointment of the chief of

the army staff.

On various points, committees refused to approve the promotions of the officers

who had been publically criticized for negligence in their duties. The operation of the

committees frequently consisted on detailed questions of administration and

management in the armed services (Yalof, Newell, Prindle,

Shomaker, 2010.p.292).

2.24 Civil Military Relations of India

Military of British India kept itself at distance from political activities and in

independence movement; political leaders were also kept away from the British India

86
military. The armed forces remained loyal to the government. In independence

movements political leaders and military had their own ways.

At the time of independence political leadership of India was very mature and

experienced. National leaders like Mohan Das Karam Chand Gandhi and Jawahar Lal

Nehru were as famous as common men were ready to worship them. Nehru ruled over

17 years, in his tenure graph of political stability & maturity was very high. He ensured

the political norms which were still impossible in the third world countries of that

time(Cohen, 1984, p.106).Writ of the constitution was implemented in every

department of the state. He settled every issue according to the constitution (Bruneau,

Matei, 2013. pp. 169-173).

Congress the political party of India developed the political culture in India; it

never allowed anybody to derail the political system of India. Nehru started a movement

of political social mobilization and arise the mass education in social & political

manners specifically. Prospects of civilian rule increased in perfectly

(Kukreja, 1991.p.14).

2.24.1 Nehru’s services

Absolute political leadership of Jawahar-lal-Nehru kept the Indian army at arm‘s

length. He relied on professional bureaucrats from Indian civil services than military.

These loyal and expert bureaucrats helped Nehru to restrict the military

(Palit, 1991. P. 18). He always showed timidity for military. He used the military to

tackle the situation but in these operations military performed its duties under the

supervision of civil administration. A specific culture in the Indian army was developed

that every military officer preferred personal interest than corporate interests. In reward

of their personal interests and loyalty they were rewarded with ambassadorial and

gubernatorial appointments (Bhimya, 1997, p.68). After the death of Nehru, Lal-

87
Bahader-Shastri further strengthened this political system, it could not be derailed

because the roots of political structure had been strong in that fertile land which was

created by this loyal leader, coming leaders carried on these policies and institutions

were not allowed to intercept in other‘s activities and worked according to their own

limitations.

2.24.2 Indra Gandhi’s period

Political institutions were in trouble in Indra Gandhi‘s tenure. She disturbed the

already managed political setup of her father with implementing emergency for almost

10 months. Basic rights were suspended by her, political opponents were tortured.

Situation of law and order was poor, India placed itself among the top 10 most corrupt

countries of the world in her government, politicians became criminal, scandals of

bureaucrats, businessmen were seen in corruption and other immoral activities (The

Times of India June,8, 1995). Political stability of the state had been fragile. Insurgency

in Punjab, Kashmir, Utter Pardesh (due to demolition of an ancient Babri Mosque), and

terrorist activities challenged the writ of the state. In spite of all these challenges,

military had stood aloof from politics. The political situation of India was not much

different than other third world states but military proved loyal to the civil government

of India.

2.24.3 Professionalism of Indian Army

Indian army was fully professional and cohesive; it remained and believed under

the civilian control and its supremacy. Indian people had firm belief in the political

leadership of Nehru. He also proved loyal for the people; he divided the powers and

developed pure political structure. Political chaos was imposed on the military

88
according to the constitution of India. Political parties of India showed perfect maturity

and these never politicized the army.

On other hand, military was also active, it never allowed to out of turn

promotion. In 1958-1962 Lt. General B. M. Kayl was promoted out of turn against the

recommendations of the Chief of Army Staff. He was investigated by the intelligence

agencies and losing of Sino-Indian war of 1962 was put on his incompetency.

Although, Nehru defended Kayl but Military forced him to resign and he had to do it

(Mutbiah, 2001.pp.19-21),(Fidelity, 1993. P. 476).The second incident occurred when

General Vidya (politically amenable) was superseded by Lt. General S. K. Sinha, a

highly competent officer. It was criticized all over India. People showed their emotional

attachment with General Sinha, media criticized the government. General Sinha

resigned from army with soldiery obedience. When report published that

Vidya‘s appointment was on perfect professional considerations only then people

changed their mind.

Military made it firmed that the rank of the Chief of the Army Staff must be on

seniority and merit. Some factors were considered perfect about the civilian supremacy

over the military in India.(Fiedelity,1993.p.476).

2.24.4 Factors of Indian civil supremacy

Political awareness of the masses.

• 40 years old habit of democracy.

• Wisdom of national leaders.

• Sound belief of the masses in democracy.

• Hindu culture disliked the military rule.

• Large size of India.

• Political stability.

• Loyalty of military personnel.

89
• Professionalism of armed forces.

• Diversity in the language and cultures of the people (Ray, 2013.pp.393-395).

A single pay commission was established for the Indian Armed Forces, it kept

the pay package of Military officers equal to civilian counterparts.

Indian political leaders slowly and steadily created the tradition of civilian

supremacy, bureaucracy worked as a buffer between the government and the army. This

triangle (government, bureaucracy and army) countered the external and internal

challenges successfully.

2.24.5 Ethnic Composition of the military

Indian army consisted on several casts and religions, neither a single group was

dominant to show its dominancy and hegemony nor it thought to impose martial law in

the country like other third world states (Dawn 16 November, 1995).

2.24.6 Security Pacts of Indian Military

All the security pacts of Indian military were exclusively dealt by the politicians

and bureaucrats of India with other states. But this tradition could not be developed in

other third world states of the world (Huntington, 1993.p, 273). First of all India kept

itself away from security pacts and adopted a non aligned policy, this policy isolated

the military officers from decision making process. After the Sino-Indian war of 1962,

Western Arms Aid started, whole basic necessities were managed by the ministers and

bureaucrats. The same process was repeated when security pacts were signed with

Soviet Union and these traditions of civilian harmony are continuing till today.

2.24.7 Military services for the civil government of India

Frequently Indian Army was deployed to aid the civil power, it was called more

than 476 times from 1950-1970 and 369 times from 1983-87 (Sinha, 1984.p.31). It was

commonly called three times in a day for internal or external affairs especially it was

90
used to suppress the armed rebellions. Police strike in Bombay in 1981, a revolt in Utter

Pardesh and attack on Golden temple in 1984 all were tackled by the military (parasher,

2003, p.109), (Ganguly, 2009.p.34). All these operations were completed in the

supervision of civil officers.

2.24.8 Constitution of India

It is mentioned in the constitution of India that Marital Law would be ultra virus;

the employment of the army in civil insurgency would be as follows:

• Military action would be launched under the dually supervision (Military &

Bureaucracy)

• Function of the civil government would be weighted.

• Military‘s function would be used to restore the law and order. When police

would be satisfy it would be compulsory for military to go back in barracks.

• In search operation if military arrests offenders. It is compulsory on it to hand

over them to police.

• A lot of ordinances were issued like special power act 1956, National Security

Act 1980, Terrorist affected areas Act 1984. These ordinances gave special

powers to the forces but all these powers to the forces were exercised with the

consultation of ministers and bureaucrats.

After the attack of Golden Temple in 1982 by the military it was disliked all

over India to call military in internal affairs. When the Babri Mosque was demolished

in 1992 by Hindus, army was not called and insurgency was tackled by the civil law

enforcement agencies.

On other hand, Indian politicians never used military against their opponents

like Bhutto of Pakistan(Cohen, The Indian Army, 1990, p.203). These were some

91
factors and characteristics of the Indian constitution and politicians which prohibited

military to intervene in the political affairs.

2.25 How and Why Military Intervene?

Third world got independence after a long struggle but after WWII some states

were free after a little struggle. These states got independence but were far from political

awareness. ―There was a thing that the new state lacked which they could neither make

for themselves nor obtain from abroad, and this was a genuine political

community‖(Gowint, 1960. p.64), (Luctwack, 1962. P. 48).

Political structure was in too much poor form so they could not manage the

initial problems of the state. Political institutions were not as developed as military.

Political elite could not bring economic prosperity; consequently situation went from

bad to worse. Political backwardness and unawareness was not the single cause of

military intervention, it was multidimensional as below(Cochran, 1974.p.196),

(Gopher, op.cit. p. 102).

• Africa was run by the invaders with the policy of ‗divide and rule‘ after

independence every tribe and group considered it superior and was busy to gain

power as this situation attracted military to intervene because it was in organized

form. This situation was in Algeria, Uganda, Nigeria, Libya and

Zaire.
• A culture was developed that people had no interest to elect their

representatives directly. They were selected from the foreigners. This trend also

motivated military to intervene. Because the invaders had gone back so a gap

was seen of perfect leadership to manage this system, it needed to be

filled.

92
• These states were classified in different groups. A culture of color and creed was

developed. Strong tribe‘s people were recruited in the military, after

independence these strong tribe‘s military men showed their interest intervene

in the political setup which was also waiting such men to sort out the problems.

• Lack of a perfect education system also developed such environment, which did

not allow them to think about their rights. A preplanned system was

implemented on them. A common person was not allowed to think or interfere

in the national affairs. The education of those countries was already settled only

for very common information; transcript was kept on changing many times, so

that their generation would forget their ancestor‘s works. A classification in

education was present, schools and colleges were different for the poor and the

rich people.

• When these countries were given a foreign aid, with a poor infrastructure,

projects could not be completed, corruption increased. State came under the

burden of foreign debt. Political institutions were already in poor form, only

military was in well managed and disciplined form which came to rescue the

country with reasonable interests and the desire to appear modern in the eyes

of the rest of the world‖ (Hussain, 2001. pp. 45-46)

• Military structure in the colonial state was strong; invaders controlled the people

of these areas with military. As military was trained from their own officers so

these military men knew the environment of the advance states better than

politicians. When these military dictators came in power, big powers supported

them because they already had proved loyal to them. The race of capitalist and

communist blocks proved blessing for these military leaders. The leaders of

these blocks invested there and supported them. The short term prosperity of the

93
 people changed the mind of the people so they always welcomed the military.

Quality of judgment was not found in remaining people because invaders

divided them in various forms with

ideological, social, cultural and ethical values.

• Civil government in these countries was poor in scientific and technical field.

Military was rich in such manners to utilize the natural sources. Tragic under-

utilization of resources, human and materialistic resources was the

characteristics of civil politicians (Kukreja, op.cit. p. 68). Whereas Military

solved the problems according to their own experiences. In third world states a

good soldier, to some extent, proved a modern person so these were the armies

of newly emergent countries that played a key role to modernize and

westernized the ideas and practices to focus on acquiring technical skills for

economic development. (Rizvi, op.cit. p.73).

The above mentioned causes promoted the military and it kept the army involvedin the

affairs of the states.―In most third world states, there existed a gap between the rich

and the poor, the modern and the traditional, the metropolis and the village which was

compounded by the absence of political society, and this gap prevented the dispersion

of initiative and interest more widely throughout society‖ (Khan, op.cit.

p.207).When military came in power it made cabinet with the combination of military

and civil officers because all the civil affairs were dealt by these experts. A controlled

civil setup was introduced which helped the military dictators to strengthen their rule.

It is said that military was not fond of power it was the political instability in these

states, which forced it to intervene. But situation vary from country to country. Some

critics agreed that military intervention was a regional phenomenon. But all the critics

were also agreed on above mentioned common causes of military intervention. Social,

94
economic and cultural problems were so high; people had no care about the democratic

culture they preferred to earn to live(Shills, 1968.p.13), (Subramanian,

1990, p.11).

2.26 Effected States by the Military intervention

In 20th Century Military assumed political power or it played political role in

collaboration with political elite. Out of twenty independent states of Asia, there had

been successful military coups in Pakistan, South Korea, Myanmar, Laos, Indonesia,

South Vietnam, Thailand, Turkey, Cambodia, Afghanistan and Bangladesh.

Insurgencies and uprisings were also in remaining countries. The picture of Africa was

not different than Asia. The smaller armies carried successful coups though their loyal

soldiers and trained officers, Upper Volta, Togo, Uganda, Nigeria, Sudan, Ethiopia,

Libya, Egypt, Ghana, Algeria &Burundi had witnessed successful coups. Military had

also played a vital role in number of Middle Eastern countries. Military intervention in

the civil setup of Latin-America was also very successful (Cohen, 1976.p.216). Haiti,

El-Salvador, Guatemala, Argentina, Bolivia, Cuba, Brazil, Dominican Republic,

Ecuador, Nicaragua, Honduras, Paraguay and Panama were those amongst Latin

American countries which had suffered in military coups repeatedly. Europe could also

not escaped itself from military coup like Greece & Portugal(Rizvi, 2000.pp.15-

17)(Gutteridge,1964,p.1).

The trend of Military intervention specially increased after the WWII.Numerous

patterns of civil military relations in Asia, Africa & Latin-America were introduced.

2.27 Different Opinions about Military Coup in 3 rdWorld

Scholars were divided in two groups and haddifferent opinions about the

military intervention in third World States. I. First group.

95
 Pro-military group considered the coup an opportunity of prosperity and

economic wealth for third world states. According to them all important developments

in third world states were made by the military elites(Entelis,1996.p.13),

(MacMahoon,2013.p.111).

II. Second group.

This group of scholars criticized the military intervention (direct or indirect) in

politics. They considered that the disintegration in the states was due to the military

intervention. They considered basic rights were violated in the military coups(Kurtz,

Turpin, 1999.p.436).

2.28 Nature of Military Governments

Military regimes were hardly differing from non-military regimes in third world

states. The period of 1960-70 concluded that reforms of military regimes were not

different or extraordinary than civil government. Economic performance remained

same. Mostly scholars were agreed that military interventions derailed the democracy

in third world states. All these dictators adopted a controlled system(guided democracy)

to defend themselves.

2.29 Military’s Enlightenment and the Society

After intervention military adopted the way of enlightenment, modernization

and change. But this change and enlightenment was not too much different from the

civilian regimes.

Political, social and professional constraints on old customs by the military with

the slogan of modernization adversely affected the performance of the states. Statistics

medicated after WWII that out of 73 states with per capita income was below than $330,

Forty five (45) of them faced the military coups(Painter, 1999.p46). While 25 states had

96
$ 330 to 899 and only 5 were under military coup. Out of 19 states with per capita

income was $ 900 and there were only 2 under the stress of military (Clapham,

1985.p.182).

2.30 Horizontal and Vertical Analysis of the Military States

Third world states were marked by critics on horizontal and vertical basis.

Horizontal level was marked by linguistic, ethnic and regional diversities. It created

problems for the political leaders. On vertical level there was a huge gap between rich

& the poor. On pecuniary basis People were living below the standard in these countries.

The dream of independence couldn‘t fulfill their objectives; class difference could not

be decreased. People see towards the military to decrease the poverty, disease & misery.

But it also couldn‘tfulfill the objectives and wishes of the people(Lai,Lu.2012.pp.27-

29), (Holsti,1996.p.180).

2.31 Social Setup of the Third World States

New states lacked unity and leadership as people were divided in number of

groups. Certain groups challenged the writ of the central government. They demanded

a special safeguard for themselves, whichwas impossible for the new states to provide

them maximum autonomy. These demands created distrust and lack of national identity.

The leaders of the new states did not pay their attention to remove these problems as

uniformity couldn‘t be established from very start of these states. Lack of unity

challenged the writ of the government in certain regions. On various occasions

government fabric was challenged. Pakistan, India, Myanmar, Indonesia and number of

other nations were seriously threatened by ethnic, regional and linguistic

challenges.Pakistan‘s experiment of nation building in 1971 was failed due to

ethnolinguistic problems(Halperin,1997.p.23),(Friedenfels,1998.p.300).

97
2.32 Democratic Traditions of New States
New states had limited democratic traditions, and these traditions were very

weak. Political culture had authoritarian roots in it. Kinship and authoritarian norms of

few families was present. Such developments did not allow the democratic norms to

develop themselves in third world states(Mangala, 2010.p.210).

After independence these states adopted the norms of the developed states like

democratic culture, while this culture in the west promoted after industrial revolution

but unfortunately Asia, Africa and Latin America were far from such revolutions.

Liberty, equality, right of self determination, no class discrimination was found in the

west while the situation was totally opposite in these new independent states(Roy,

1999.p.25).

2.33 Vision of the Political Leaders

Political leaders adopted agitated manners; they considered it an act of

patriotism. Mostly political leaders adopted the manners of pre-independence which

were used against the invaders after the independence. They did not eye to eye with the

government and used all the tricks against the government like they used against the

colonial government. Particularly, this problem was in those states which got

independence through guerrilla warfare and armed rebellion. The habit of launching the

civil insurgency and non-cooperation remained same after independence. In Myanmar

and Indonesia political and armed forces gave tough time to the colonial administration.

Several groups refused to accept the authorities of the government of the invaders after

independence these groups created problems in law and order and national integration

(Rotber , 2012.pp.6-9).

After gaining independence political leaders set the levels of power to build up

the modern organization of the state to ensure development and political stability. They

98
adopted various manners of modernization, their model based on western society.

Modernization could not adopt the new manners of life, there was need to change the

mind of the people and their attitude towards the life. It was also required to promote

the people in democratic and political field. But unfortunately this chapter remained

close(Thomas, 2001.p.137).

This way of modernization proved hazardous for these newly born states. There

were a lot of obstacles in the way of their modernization. People always preferred the

old norms; they were not agreeing to accept the change as early as their leaders thought.

Mostly ignored the enlightenment and technology on ideological basis, they

emphasized on the glorious days of the past and preferred to remain in stagnant society.

Political leaders didn‘t motivate the people to adopt new manners of life; they also

wanted to remain people un-aware about the new norms, because their writ & hegemony

could be maintained if people were unaware (Thompaon,

1983.p.227).

2.34 Charismatic Leaders

The founding fathers of these states were charismatic personalities. It was the

greatest asset of these newly independent states. These leaders served the people on

equal basis. SekouToure in Ghana, Sukarno in Indonesia, Gandhi in India and Jinnah in

Pakistan were loyal and prominent personalities in the nationalist movements. After the

death of these leaders a political vacuum disturbed the situation. The coming leaders

developed personal and departmental jealousies. Regional and sectional political

leaders came in front(Clapham, 1985.p.47). They encouraged the local issues and

national thinking was ignored. These parochial and narrow approaches lead these states

in blind alley(Mora, Hey, 2003.p98).

99
2.35 Role of the Religious Leaders

The religious leaders also not missed a single chance to exploit the situation. In

third world states these (religious) leaders had great respect & prestige in the people.

People were habitually follower of these leaders. These leaders always showed distrust

and hostility from the government. They were also divided in various classes & sects.

Their multi-dimensional thinking aggravated the impact of modernization. These

regional & parochial forces reduced the effectiveness of the government to tackle the

problems. These groups always showed disinterest on constitutional procedures, lack

of technical and contemporary education in these religious groups reduced the co-

operative capabilities(Malley, 1996.p.85).

These factors contributed the frustration and disillusionment in the society

which increased alienation of the masses from the government and decreased the

efficiency of the government, this environment created political instability and

undermining economic development, and political leaders found it hard to improve the

conditions of the masses. The frustration was added and a vicious circle went on.

There was the single institution in perfect and disciplined form that was army. It

maintained a national outlook. These were trained by the officers of the advance

military states. They had perfect technology and were able to control the violence.

Armed forces were more organized than civil institutions, they had disciplined

centralized hierarchy. Military had three distinctive features which made it

dynamic(Sargent, 2007.pp41-43).

Political leadership relied on the army & maintained it on perfect basis.

Military protected the territorial integrity as well as from internal & external threats.

100
Special funds were allocated for acquiring modern equipment & technological skills.

Modern equipment helped to tackle the situation easily. Such equipment & technology

had no other institution in the society. As military proved perfect institution in relatively

less developed societies(Haqqani,2013.pp,10-15).

Military of the third world-states promoted on the basis of developed militant

states. It had its own recruitment criteria, recruits were taken from mostly rural areas,

and they were trained & educated with particular skills. Officers were trained from

western countries by the colonial powers. They learned principles & technology from

advance states. In this sense, military in the new states might be interpreted as the

beacon of savor.

Military was not a profession, it had complete code of life. It had multicultures

in it. Members of different races & sects were remaining under the same principles.

They were habitual to follow the command. This disciplinary command & control kept

the military at a distance from cast and creed of the society. The contribution in national

reconstruction; constructing the roads, bridges, dams and the provisions of necessary

help to the civil government in natural calamities. Military established & ran its own

educational institutions. Ordnance factories also produced consumption for civilians.

Retired military officers were taken by the civil institutions. They were considered

competent & highly administrative.

Military was considered honest, loyal, patriotic, and a symbol of national

integration, it also proved it correct to overcome the civil insurgency & to help out in

natural calamities. A message was sent to the masses that the armed forces had power

& ability to handle the situation whenever it went out of control of the civil

government(woodhead, Fletcher, Kawanani, Smith, 2002.p.381).

101
2.36 Level of Military Intervention
Finer suggests that there are four levels of military interventions in the politics.

• Influence

• Blackmail

• Displacement

• Supplantment

These levels of intervention were attained by various methods. He considered

the intervention was a legitimate method. These modes were common in the new states.

Military proved itself an institutional power block. In many new states coup was

succeeded because public was narrow and weekly organized there. People‘s attachment

with the political institutions was very low.

2.37 Measures of the Military after Coup

After assuming powers military leaders introduced some reforms.

• Steps were taken to eradicate the corruption.

• Nepotism, black marketing, smuggling and similar evils were eradicated in top

priority.

• Industrialization, revival of economy, better standards of living was

rehabilitated.

• A viable political system for the future was introduced.

After taking power military established firm control all over the country.

Military men got declared their coup legitimate by judiciary. After taking power

military changed the political, social, and economic structure of the society, it

introduced a suitable form of government according to their own minds. Military

achieved its above mentioned objectives, but it curbed the political activities, freedom

of speech and press was restricted.

102
 Military leaders disliked the political bargaining. They firmly believed that if

the dirty politicians were checked, the problems could be solved. They also had a mind

that problems could be overcome if the right orders were issued.

Military had a perfect mechanism about the civil setup before coming in power. But

soon military realized that civil society was not in disciplined form, people were divided

in different groups & sects. It was considered compulsory to launch a puppet civil setup.

Bureaucracy guided the military to introduce such a system. The more interesting thing

there was that bureaucracy was also trained by westernized sectors. Military had lack

of administration experience it relied on the bureaucracy while on other hand

bureaucracy also enjoyed from its extra powers which were devoted by

military to it.

Military regimes faced problems in adopting measures of economic

development, industrialization and reforms in social structure. Most of the military

officers were from upper elite class they were reluctant to take the measures of reforms

for local class, they collected a number of civil officers from middle & lower classes, a

civil setup on non-political bases was launched(parshad,2007.pp.22-25).

2.38 Civil Actions of the Military Generals

When these military rulersrealized that alone military would never run the

administration without the help of the civilians. So they adopted the civilian regimes

according to their own wishes.

• Sometimes, ruling Generals resigned from their military ranks and civilianized

their regime with the co-operation of the civilians.

• Military commanders transferred the powers to the puppet civilians.

103
• Military amended the constitutions of these states and a legal guarantee of

supervisory was received, military kept pressure on the civil government and

adopted the policies of their own choices.

The story of the military intervention did not stop with one coup. Once the

civilian supremacy was eroded by the military, it became a tradition of the military to

assume a direct political role. This cycle of the military intervention could not be

stopped by the civil setup. Further a case of Pakistan would be discussed, what was the

political setup of Pakistan? Why military intervened there?

2.39 Civil Military Relations of British India

In 1895, Military was recognized on modern lines by the British government of

India Navy and Air Force was developed gradually in 1928 & 1933. Both these offered

limited services till WW II. British emphasized on the supremacy of Army.

Military‘s control was in the hands of the British Government of London. In India,

Indian Government & Military both were equal partners. Civil government & military

in India both were equally responsible for the peace of sub-continent (Cohen,

1968.pp.16-17).

2.40 Civil Military Relationship Pattern

According to the Charter Act of 1833, Commander-in-Chief (C-in-C) of Army

was answerable to the Governor General of India. C-in-C the head of the army was also

the head of Navy & Air force. C-in-C was the advisor of the Governor General in

military affairs. But in 1909 C-in-C was assumed the power of full control of defense

department.

Military affairs were dealt in Brittan by the Secretary of State of India. This

ministry was especially established in the cabinet of the British parliament. Secretary

was assisted by the C-in-C. Indian legislatures had no control over the military
104
&defense expenditures. Indian legislature council could discuss the matters of the army

about how to control the political agitations. Executive council of India, Nehru Report,

and Round Table Conference repeatedly claimed about ministry of defense but this

demand of the Indian leaders could not be accepted. Simon commission also defended

the upper philosophy of British Government, India Act 1935, also carried on the norms

of ex-policies. Defense expenditures were not submitted to the executive council of

India. In 1946, after WW II an Indian were appointed as a Defense Minister for the first

time but before the implementation of this change, British Government decided to leave

Indians with granting the independence to them(Journal of the parliaments of the

empire,1927.pp.1930-31).

2.41 Military Services for Civil Government

Military of British India helped the civil government on various points and

rehabilitated the law & order. Whenever communal riots occurred between the Hindus

& the Muslims, army was called to restore the law & order, passive resistance

movements were launched by Mr. Gandhi, the incident of JalianwalaBagh (1919),

martial Law in Lahore, Gujranwala & Lyallpur (now Faisalabad), Mopla rising (1921)

and Civil disobedience movement (1930-31), were tackled by the military troops and

military restored the law & order in troubled areas

successfully(keith,1936.p197),(Punjab administration report 1921-1922, vol. 1 p 20).

2.42 A Case Study of Pakistan

Pakistan‘s army was once the part of the British Army, after separation it

adopted the same principles to follow the civil setup. As Pakistan was new state with a

lot of problems which were faced by its army, Pakistani army tried its best to tackle the

problems and it remained successful to counter the problems. Civil setup also relied on

105
military to overcome all such incidents like above mentioned of British government.

This trend developed the image of the army not only on national level but also on

international level. Military made security pacts directly; it never consulted with the

parliament. The whole scenario of this case would be discussed in next chapter.

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3.1 Introduction

The dynamics of power determines the dynamics of relationships. This chapter

examines the historical background of Civil-Military Relationship in Pakistanwhich

shaped the relations of both the pillars of the government, from 1947 to 1977. During

that period (i-e. from 1947-1977) many governments changed and Military assumed

power directly two times in 1958 and 1969. Civilian Governments also established

power sharing relationship with Military because of the decline of party politics.

There had been many questions about Civil-Military relations in Pakistan during

that period but some of them were; first, why did the military dictators intervene in the

political system? Second, why did they introduce the controlled political system? Third,

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after the breakup of Pakistan (1971), what were the policies and relations of civilian

governments with military? Fourth, why Military again assumed power in 1977 from

Civilian Government? In spite of it, punishment of suspension of the constitution was

defined in Article 6 of the constitution of Pakistan

1973.

3.2 Civil Military Working (1947-1958)

After the independence, Pakistan started its government with the help of

amendments in India Act 1935 and Independence Act 1947 until framing of the new

constitution. But unfortunately, Pakistan couldn‘t make the constitution till nine years

due to the political instability. The bases of political parties were too much poor.

There was major difference of thoughts between the elites and the common people.

Political leaders changed loyalties and floor crossing also became the reason of the

collapse of parliamentary system (Mehmood, 2000, p. 351). Pakistan had many other

serious problems, one was of being a new state in which main problem was security

threat from India and Afghanistan. Another problem was that Pakistan had two wings

and they were too far from each other (Rizvi 2000, PP. 49-50). By birth Pakistan

wasweak state, the actual shares were not received by it, including military at the time

of partition (Pasha, 1995, P. 201).

The geostrategic location of Pakistan also made it important to take measures in

security issues. India refused to accept Pakistan and further the Kashmir dispute created

strained relations between the two countries (Chaudhry,1988, P. 31). Afghanistan,

which shared 1/3 border of Pakistan created problems by supporting

Pakhtoonistan movement. Afghanistan declared that new state ―Pakhtoonistan‖

comprising NWFP and parts of Baluchistan must be independent or these provinces

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would join Afghanistan (Wheeler, 1970. P. 31). All these problems created the

domination of military and bureaucracy because these institutions were organized and

systematic but on the other hand Political parties were neither well established to

impress the people nororganized themselves. The political maturity was not present in

political parties, neither in the political leadership nor in the party discipline (Shafqat,

1997. P. 21). But Military was playing its role in positive manners, it remained loyal to

the government and it also helped to overcome the problems of a new state. So,

Civil-Military relationship started resulting in military‘s interference in politics.

3.3 Internal Political Instability in Pakistan and Military’s Role

Quaid-e-Azam Muhammad Ali Jinnah became the first Governor General of

Pakistan and also worked as the President of Muslim League, President of the

Constituent Assembly, as well as the minister of Kashmir affairs because leadership

was not available at that time. He had defecto executive, dejure executive was for Prime

Minister and his cabinet according to the parliamentary system. He also enjoyed the

confidence and popularity of the masses. The question of national language and

separation of Karachi from Sindh couldn‘t evoke any agitation in his period. During an

interview, Quaid-e-Azam said, ―The new state would be a modern democratic state

with sovereignty resting with people and the members of the new nation having equal

rights of citizenship regardless of their religion, caste or creed‖ (Munir, 1980. p. 29).

After the death of Quaid-e-Azam, Khawaja Nazim-ul-Din became Governor

General of Pakistan(Nizami, 1968. pp. 155-156). Power was distributed between

Prime Minister and the Governor General of Pakistan(Ibid. p. 156). But in reality Prime

Minister should use all the powers. Meanwhile, India attacked on Hyderabad and the

Prime Minister was not in the position to face all the sectors. There was the flood of

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issues like Kashmir cause, water dispute, evacuee property, economic problems,

refugees‘ rehabilitations and constitution (Rizvi, op.cit.p. 48).It was said that there was

no trouble, remained on the haven, which did not befall on Pakistan. Liaquat Ali Khan

introduced the Public Representatives Office Disqualification Act 1949 (PRODA) for

dealing with corrupt leaders and appointed General Ayub khan as Commander in Chief

(C-in-C). He reached on this post luckily after the death of two most senior generals in

airplane crash. The action of PRODA showed how many loyal leaders were available

to Pakistan at that time. Quaid-e-Azam also said once regarding it in his life that all the

pennies in his pocket were useless. Army was disagreed with Prime Minister of Pakistan

on Kashmir Policy(Shafqat, op.cit. p. 29).

With the assassination of first prime minister of Pakistan Liaquat Ali Khan, the

second Governor General of Pakistan Khawaja Nazim-ul-Din was appointed as the 2 nd

Prime Minister of Pakistan, and the finance Minister (Gulam Muhammad) became the

Governor General of Pakistan. After the assassination of Khan there was not a single

prominent leader to run the administration properly. It provided a chance to the

Governor General to run the administration according to his own mind.So, he created

direct links with industrialists and bureaucrats. Military had a free hand in making

foreign policy and dealing with security issues after Liaquat Ali Khan (Rizvi, op.cit. p.

189).

Observing this, Governor General Gulam Muhammad dismissed the Prime

Minister, although he had majority in the National Assembly (Anjum, 1997. p. 14).

Nazim-ul-Din‘s personality was unquestionable but he couldn‘t handle the situation,

hoarding, corruption and black marketing was on the peak in Khawaja‘s Period. The

speaker of National Assembly went to Court and the Chief Justice Sindh Hi-Court Mr.

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George Constine with his two colleagues remarked that the act of Governor General to

dismiss the constituent assembly was illegal but the Federal Court (Supreme Court) of

Pakistan nullified the decision of High-Court. Judiciary had already kept its hands with

top bureaucracy of that time. With the help of this decision Governor General became

the most powerful personality. Justice Muhammad Munir considered it that the

provision under independence act, 1947, vests the powers to the Governor General to

dissolve the assemblies. Justice Muhammad Munir had already given his finding as

theGovernor General of Pakistan could dissolve the assembly. He further mentioned

that Governor General could arrange another assembly. Inshort, Justice Muhammad

Munir uprooted parliamentary form of government with the Law of Necessity, it was

propounded on the basis of maxims ‗salus populi suprema lex‘ (the welfare of the

people is the supreme). This Maxim was ignored by the Chief Justice of Pakistan at that

time, and ‗salus republica supreme lex‘ (the safety of the law is the supreme) was

preferred by him.These examples were taken from the statement of Cromwell by the

Chief Justice. Cromwell was the dictator of England whose dead body was hanged for

the punishment of his martial law. Justice Munir kept in mind that law must be followed

but the National Integration could be ignored(Sami,2006. pp. 211-212). The role of

Chief Justice to derail the democratic setup of Pakistan will be further discussed in

detail gradually. Bogra was called from US and handed over him the portfolio of Prime

Minister ship; he succeeded in getting the vote of confidence in the National Assembly

(Hussain, 1993. p. 18). He was loyal and hardworking; he introduced a formula (Bogra

formula) for the establishment of the new constituent assembly. He worked devotedly

to give the first constitution to Pakistan.

Muhammad Ali Bogra was appointed as the third Prime Minister of Pakistan.

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He amended the sections 9, 10, 10 (A) and 10 (B) of the Government India Act 1935.

These amendments reduced the powers of the Governor General and the powers were

vested to the Prime Minister. According to these amendments Governor General was

bound to act on the advice of Prime Minister. But, unfortunately Bogra was replaced

with Chaudhary Muhammad Ali, a new Prime Minister, and he went back where from

he was called (The ambassador of Pakistan to US). The ground was free for Governor

General to play independently. He called the Commander in chief of Army (c-in-c) and

instructed to make the constitution within three month but he denied doing it. Governor

General delists the Prime Minister and new Prime Minister Chudhary Muhammad Ali

was appointed as the prime minister of Pakistan (Mehmood, op.cit.

p.358). Muhammad Ali was also replaced after one year (Butt, 1997. p. 224).

Parliament was not working well. So, democratic culture was not promoting itself in

Pakistan. In the meanwhile, Governor General fell ill and the powers vested to

General Iskander Mirza. The Political situation of Pakistan at that time was critical.

Mirza already had good relations with bureaucracy, military and Judiciary (in
perspective of Chief Justice Muhammad Munir).

General Iskander Mirza followed the same policy of his predecessor and Mirza

run the administration with the help of Military (Hashmi, 1985. p. 357). It is an old

saying that power flows from the barrel of the gun. Governor General had already

friendly relations with the military.Mirza used ultimate powersand ensured himself by

constitution as the President of Pakistan (Saleem, 1997. p. 227). He introduced the

controlled democracy with help of the constitution of Pakistan 1956. The First

constitution of Pakistan was made by the hands of the ‗Gang of Four‘(Hussain, op.cit.

p. 18). In this constitution four provinces were merged under ‗One Unit‘(Nizami, op.cit.

p. 177).Commander in chief (who was also the Defense Minister)wrote in his book that

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Governor General called him to take over but it was ignored by him to do so in 1954

(Alexander, 1979, p.59). This statement was not recognized by any other sources except

him. After the removal of Chudhary Muhammad Ali, Hussain Shaheed Suharwardiwas

appointed as new Prime Minister of Pakistan. Commander in chief and Suharwardi were

against each other on ‗Rawalpindi Conspiracy‘ but after coming in power Suharwardi

made agreement that he will never interfere in the affairs of the military. After

Suharwardi Ibrahim Ismail Chandrigar and Malik Feroz Khan Noon became Prime

Ministers respectively(Lateef, 200, p. 134). The country was facing serious crises, Khan

Sahib(chief minister) had been killed and deputy speaker of East Pakistan was injured

in an assembly proceeding (Bhardwaj, 1998. p. 4). World was watching the political

immature manners of Pakistan. The prime minister of India Jawaher Lal Nehru

exclaimed that he had not changed somany tunics as Pakistan changed the prime

ministers.Language riots in East Pakistan and shortage of food, embezzlement,

hoarding and black marketing encouraged the military to intervene

(Razzaq, 1976. pp. 159-163). The incidents in the provincial assembly of East Pakistan

also led Army to intervene (Alexander, 1979. p. 59). These circumstances forced the

President of Pakistan to impose Martial Law (Mehmood, op.cit. p. 362).

President of Pakistan decided to take all the powers in his hand. So, he made a speech:

―If it rains too much it is the fault of the President and if it doesn‘t rain it is the

fault of the President‖, (Broadcasting of Iskander Mirza on 7 th act 1958). President

claimed that Prime Minister and Parliament which was responsible of all the misdeeds

like boarding, corruption. He said that he would never allow it. He decided,

(a) The constitution of 23 rd March, 1956, was abrogated.

(b) The central and Provincial Governments were dismissed with immediate

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 effect.

(c) The National Parliament and Provincial assemblies were dissolved.

(d) Political Parties were abolished.

(e) Pakistan would be under Martial Law, until alternative arrangements

weremade.

He further mentioned:

―I hereby appoint General Ayub Khan, commander in Chief of Pakistan Army, as

Chief Martial Law administrator‖ (Proclamation of President of Pakistan on 7 th October

1958).

Lack of political leadership forced the Military to intervene. Although, external

environment was peaceful, but the educated people were fed up from the daily political

change in Pakistan, people were looking towards military leaders. Even Mohtrma

Fatima Jinnah (Sister of founder of Pakistan) remarked that political leaders were failed

to run the civil setup. It was hoped that military would overcome the problems and new

and perfect system would be launched. The military authorities didn‘t face opposition

in consolidating their powers. Not a single fire was shot at the time of coup. Life was

normal in all the major cities, Public institutions were open freely. The country was

divided into three zones by military.

3.4 External Factors and Role of Military

Conflicts with Afghanistan and India forced Pakistan to get modern military equipments.

The race between communism and capitalism was on the peak. United

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States was also waiting for allies against USSR in 1950. Pakistan joined South East

Asian treaty organization (SEATO) and Baghdad pact (CENTO). United States

supplied military equipments to Pakistan under military Assistance program (MAP).

Pakistan Military had direct links with US for military assistance (Hashmi, op.cit. p.

158). Commander in Chief of Army visited USA informally without the approval of the

cabinet in 1953. Brigadier Mian Gilani went to US on assignment as a military attaché

and he was instructed by C-in-C, ―Your basic task is to establish a military aid

relationship with Pentagon. You must deal directly with them and don‘t take

ambassador into confidence. After all we cannot trust these civilians in such sensitive

matters‖ (Gohar, 1996. p.138). The coup in Egypt, Iraq, Burma, Political development

in France also encouraged Military of Pakistan to intervene (Rizvi, op.cit. p.85).

3.5 Military’s Direct Rule (1958-69)

―You heard by now the declaration of the President of Pakistan abrogating

constitution and imposed Martial Law throughout Pakistan‖(First broadcast of C-in-C

to the nation 8th October, 1958). Army commander in Chief and the defense Minister of

Pakistan involved himself in political decisions. Martial Law was imposed with the

consent of Military and Direct Military Rule was established. The constitution of

Pakistan 1956 was abrogated. He introduced many reforms and established planning

commission and agencies (Aslam, 1991. p. 7). Samuel P. Huntington wrote about the

achievements of Ayub Khan that after 1958, Ayub introduced incomparable projects.

All the third world states were absent to perform like Ayub. He compared Khan with

Plato, Rousseau, Solon and Lycurgus (Huntington, 1968. p. 252). He also mentioned

that the operation of Martial Law would be proposed for the civilian agencies

maximum. He defined that he had already mentioned some suggestions in 1954 that the

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experiences of seven years proved horrible in the shape of democracy. Everybody said

we should have democracy but no one could understand the nature of the people. It was

not possible for them to define democracy. Where the lives of the people were changed

according to the teachings of Holy Quran could it be called an Islamic democracy? It

was in the mind of Ayub that Parliamentary form of government was not suiting to the

people of Pakistan, he introduced a new system (Ayub in 1954 about democracy). He

had already in mind about the political future of Pakistan to introduce the controlled

democracy. After implementing the Martial Law, he was also in position to fulfill the

objectives which had already mentioned by him in 1954. He introduced the presidential

form of government. President would run the administration with the help of Provincial

Governors and these Governors could remove the provincial ministers on their own

behalf. The law made by the constituent assemblies could not be implemented without

approvalof the president. A strong Presidential form of government was introduced.

Manzoor Kadir as well as Zulfiqar

Ali Bhutto worked for Ayub and they showed him to the people as the Sulah-ul-Din

Ayubi and Abraham Lincon of Pakistan; Bhutto motivated Ayub to keep all the powers

in a single hand. He also advised the president to strengthen the powers of the centre.

The military administrator constituted a cabinet after imposing Martial Law.

The combination of the cabinet was the mixture of Civil-Military people, it was

consisted on Lt. Generals, three public servants, business men and educationist, a

former diplomat and a lawyer. Civil machinery was working just as a puppet. Military

hegemony was in the cabinet. He utilized the cabinet according to his own objectives.

The Chief Martial Law administrator mentioned that there should be more powerful

President than USA (Gohar, 2004. p. 54).

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3.5.1 Role of Judiciary in military coup

When the Martial Law was imposed on 7 th October 1958, after abrogating the

constitution of Pakistan 1956, President (self made) imposed martial law order1958 of

Pakistan, the order of 1958 had power that all the courts were under the proclamation

to exercise their powers and jurisdiction would work under the regulation made by the

Chief Martial Law Administrator. It was on the record that Justice Munir was behind

all these dictations, drafting of this order of 1958 was by him (Pakistan times 11 th

November, 1968).The Law Order of 1958 was working under the instruction of Martial

Law Administrator and Justice Muhammad Munir was providing legal cover to the

imposition of Martial Law. Justice Munir legalized the military coup and in other words

Chief Justice of Pakistan legitimized the illegal activities of military, this was the person

who played a crucial role to derail the democratic structure of Pakistan. He had no idea

that its results would be so horrible. He opened the way for the military to intervene in

the future.Although, the judicial system was established by the British Raj on

independent norms but no one knew why he made such decisions. It has already

examined that irreparable losses were received by the judiciary to the civil government

in case of Tamizuddin. Still, Justice Munir was on the seat and had close relations with

Iskander Mirza the President of Pakistan. When Ayub Khan was the defense Minister

in the cabinet of both the Governor Generals, the Chief Justice had hand in gloves with

the Ayub Khan (Sami, op.cit. p. 299). When Ayub Khan became the Martial

Administrator of Pakistan, the Chief Justice Muhammad Munir fully bended towards

Ayub Khan, he proved a loyal friend (McGrath, 1996. p. 213). Justice

Muhammad Munir wrote his decision in the favor of military coup with the help of

Keelson‘s theory and declared the military coup a successful revolution and rejected all

the appeals (PLD, 1958, Supreme Court, 533. p. 534).

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3.5.2 Basic Democracies of General Ayub

Ayub Khan introduced the Basic Democracies and transferred the power on local

bases. But bureaucracy was directly controlled by him.(Hussain, op.cit. p. 19)

Heelected himself as the President of Pakistan by these basic democrats

(Rizvi,1980,pp.219-227). Basic democrats were asked the question for electing the

President by an answer of ‗Yes or NO‘. Ayub khan was elected president by 95.6 %

‗Yes‘ votes. Ayub khan‘s Basic Democracies system provided a base for dictatorship

and military gained advantage from this system successfully (Kardar, 1998, pp.

2333).Basic Democracy was imposed on the people and adult franchise system was

abolished. Ayub Khan and his company knew it very well that if the elections were held

on the basis of adult franchise; there would be no space for them to rule. Ayub‘s

constitutional plan was unfolded, discussed in conferences in Karachi in May 1959

about the basic democracies and later it was approved. In terms of basic democracies

order 1959, the whole country was divided into 80 thousand units and each unit having

the right to elect these members on the basis of adult franchise. In this way a special

Electoral College consisting of 80 thousands basic democrats were created for the

presidential elections as well as for the parliament. These BDs members were further

divided into two wings, 40,000 from East Pakistan and remaining from West

Pakistan. The idea was fulfilled under the suggestions by the President, that was given

to the government when he was the defense Minister as well as commander in chief of

the Army in 1954. To enforce the adult franchise BDs members were under the

administration of Magistrates and police officers. The basic democracies order 1959

was passed in October 1959 and general elections were held in January 1960. The

elected BDs members were illiterate and disorderly persons from their localities. These

members were already wanted by police and administration. They could easily be

125
influenced by the machinery of the state. It was the misfortune for Pakistan that these

illiterate persons were called competent and enlightened. Manzoor Qadir an eminent

lawyer was the master mind of these BDs orders. It was under the advice of Qadir that

the vote of confidence from 80,000 elected members of the BDs council was

strengthened. It would be horrible to know that more than 85% of these members were

not able even to read and write but irony is that they were selected as the policy makers

of Pakistan. It was as clear as crystal that the government machinery would force them

to elect Ayub Khan as a President of Pakistan. Qadir the foreign Minister as well as the

legal adviser of the President suggested that 15% educated BDs members could hardly

be expected to recognize any national issue (Sami, 2006.

p.300). They would hardly to concise and consequently they would prefer the president

to make decisions independently (Gohar, 1996, p. 165). With the help of this situation

President of Pakistan adopted internal and external policies independently. Military

leaders introduced a number of measures like:

• A Political framework for the future.

• Measures for economic development, industrialization and better living

standards of people.

• Step to eradicate corruption, nepotism in Civil service, black marketing,

smuggling and similar evils in the society.

• President was not answerable to the Parliament. At that time Ayub was one of

the stronger rulers of the world states.

3.5.3 Limiting the Politicians

Ayub khan introduced Political Parties Act. He also established Elective Bodies
Disqualification Order (EBDO), under it many political leaders were disqualified from
election of assemblies for five years. Khan also assumed enormous powers and

126
suppressed the freedom of press. Publications were also banned under press ordinance
on 28th March 1963. Eliminating of all the top ranking politicians of the country from
politics, the legislation came into effect in August 1959. There were 98 politicians who
were disqualified under this order. There was hardly anyone who was spared and most
of them were the founding fathers of Pakistan. Some of them are listed here:
Malik Feroz Khan Noon (Former Prime Minister)

Mr. Hussain Shaheed Suharwardy (Former Prime Minister)

Sardar Amir Azam Khan (Former Central Minister)

Mr. Yousaf A. Haroon (Former Ambassador)

Qazi Muhammad Essa (Former Ambassador)

Khan Iftihar Hussain Khan Mamdoot (Former Chief Minister Punjab)

Mumtaz Doltana (Former Chief Minister Punjab)

(Former Chief Minister of West

Nawab Muzaffar Ali Khan

Pakistan)

Sufi Abdul Hameed (Former Provincial Minister)

Mr. Muhammad Ayub Khoro (Former Chief Minister Sindh)

Col. Muhammad Amir Khan Hoti (Former Provincial Minister)

Syed Alamdar Hussain Shah Gillani (Former Provincial Minister)

Khan Abdul Qyuem Khan (Former Chief Minister NWFP)

Nawab Mushtaq Ahmad Gormani (Former Governor of

WestPakistan)

3.5.4 Law Reforms

Military courts as well as the new acts were introduced to counter the political influence

(Shafqat, op.cit. pp. 362-364).Judiciary was also controlled by military to appoint the

new judges (Mehmood, op.cit. pp. 362-364).

127
3.5.5 Ethnicity issues

In Ayub era military became a modern institution. Bureaucracy with military

(combined) was using its powers independently. Both the institutions had majority of

officers from Punjab and Khyber Pakhtoon Khwa (KPK) latter‘s name was Northern

Western Frontier Province (NWFP) at that time. This trend raised ethnic problems in

East Pakistan and Sindh. This issue created problems for Ayub. East Pakistani‘s mind

was that their assists were used in West Pakistan and they were ignored(Noman,

op.cit. p. 37).

3.5.6 Islamic Approach

Ayub khan adopted modern approach in interpreting Islam. He introduced

Muslim family laws which strengthened the right of women, approval of second

marriage from first wife, divorce (khula) system to handle the problems those disturbed

the society of Pakistan. So, Ulemas resisted these initiatives and became against him.

Ayub ensured them that the act would be reviewed by Director of Islamic

Research Institute (Kardar, op.cit. p. 40). He was also criticized in religious affairs.

3.5.7 Land Reforms

General Ayub introduced land reforms. He couldn‘t challenge the supremacy of

the Feudalists. Only 0.2 % tenants could get benefits from these reforms. Ayub

distributed land among Army Jawans (Soldiers) and officers(Shafqat, op.cit. p. 35).

Fauji Foundation Corporation (FFC) was also established, income was transferred in

the hands of the rich (Rizvi, op.cit. pp.229-235).

128
3.5.8 Constitution of 1962

General Ayub khan established his cabinet with three Lt. Generals and one

exBureaucrat. He introduced the Presidential form of government, in which all the

powers were in the hands of president. General Ayub khan wrote in his book ‗Friends

not masters‘ ―I believed that the powers of the Pakistani President should more than

the American President‖ (Khan, op.cit. p. 167). Ayub Khan was Martial Law

Administrator who had legitimized himself with the self made constitution of 1962; the

people of new born state were greatly disappointed by him. According to the

constitution of Pakistan 1962 it was necessary that the President would submit his resign

to the speaker of the assembly, the transfer of power was not mentioned in that

constitution. The article 12 of that constitution defined that after resigning the President,

the acting President would conduct the elections only in 90 days it was compulsory for

him, it was also mentioned in the constitution that the President could call the military

to overcome the serious problems as well as to impose Martial Law (Constitution of

Pakistan 1962, article 12). Ayub Khan made the constitution acceding to his own will.

He couldn‘t be impeached easily. The masses of Pakistan were not negotiated freely

and they disliked it. They considered that their servants became their rulers and the

objective of making a new state was not going to fulfill its objectives. The Martial Law

was lifted but the voice of the Pakistani People and media was still under the Military

interests. The people of East Pakistan were already worst victimized under the rule of

Ayub Khan, situation was also not different in West Pakistan. The BDs system was

against the adult franchise to elect the assemblies and president. Awami League in East

Pakistan was headed by Sheikh Mujeeb-ulRehman and National Awami Party headed

by Maulana Bhashani. Both theseparties joined hand against Ayub Khan. In West

Pakistan situation was no more different from East Pakistan. All Political parties

129
including Jamat-e-Islami joined hands with the Political Leaders of East Pakistan.

These political parties put the foundation of

Combined Opposition, These Parties were known as COP. They wanted to remove the

President from his post. President was much powerful with the help of the constitution

of 1962, it was self made constitution of President Ayub, it was not easy to remove him

without the consent of president Khan. So, he had no care of parliament. But they

couldn‘t be successful at that time. Still the military grip was too much tight.

First term of President was to end, so Presidential elections were conducted. General

Ayub khan encountered Fatima Jinnah (Sister of Founder of Pakistan). In these

elections government machinery was used for General Ayub khan and consequently he

defeated Miss Fatima Jinnah.East Pakistan rejected President Ayub in elections, after

winning the elections president Ayub khan rejected the East

Pakistan in all the fields of life like welfare and prosperity(Khan, 1998. p. 14).

3.5.9 Pakistan-India War 1965 and Tashkent declaration

At the same time War of 1965 started between India and Pakistan. President of

Pakistan got popularity. Forces of both the States were on the borders, US and UK the

allies of Pakistan were not taking interest to solve the issues.Prime Minister of USSR

Kosygin invited Pakistan to settle down the issue so Tashkent declaration was signed

by India and Pakistan. The masses expressed anger against this step of General Ayub.

The insurgency was seen in the state (Gohar, Ibid. pp. 426-427). Foreign Minister of

Pakistan Zulifqar Ali Bhutto also gave statement against the President. Politicians were

also waiting for such grounds. It was the great chance for them to remove president

Ayub khan. They claimed to restore the Parliamentary form of government. Meanwhile,

Military forced the President Ayub to resign. General Ayub again handed over the

130
power to the military on 24 th March 1969.He wrote a letter to the Commander in Chief

of Pakistan Agha Muhammad Yahya Khan to implement the Martial Law (Chaudhary,

1988. p. 29).

―It is with profound regret that I Have come to the conclusion that all civil

administration and constitution authority in the country has become ineffective. If the

situation continues to deteriorate at the present alarming rate, all economic life, indeed,

civilized existence will become impossible‖.

He further mentioned.

―I am left with no option but to step aside and leave it to the defense forces of Pakistan,

which represented today the only effective and legal instrument, to take full control of

the affairs of the country. They are by the grace of God, in a position to retrieve the

situation and to save the country from utter chaos and total destruction. They alone can

restore sanity, and put the country back on the road to progress in civil and constitutional

manners.‖

He mentioned that the law and order situation of the state forced him to take

such steps.

―Strikes and rallies made it impossible for the government to maintain law and order,

to protect the civilian liberties. Social ethical norms have been destroyed.‖

―The economic life of the country has been collapsed. There has been serious fall in

exports and I am afraid of the country may soon find itself in the grip of serious

inflation.‖

―I have exhausted all possible civil and constitutional means to resolve the present

crisis. I offer to meet all those regard as the leader of the people.‖

131
He intentionally violated the parliament & handed over the power to the military.

―The armed forces of Pakistan must save Pakistan from disintegration‖ (Text script

was sent from Field Martial Ayub Khan to C-in-C Agha Muhammad Yahya

Khan on 24th March 1969).

On the next day he addressed to the nation:

―I am addressing you as the president of Pakistan last time. The situation of the

country is fast deteriorating. The administrative institutions are being paralyzed: The

mobs are restoring the crowds (Gheraos) at will. The economy of the country has been

crippled. Factories are closing down and production is dwindling every day.‖

―The country which we nourished with our sweat and blood has been brought to a sad

pass within a few months.‖

―I had announced that I wouldn‘t contest the next elections.‖

―I have always told that the solution of Pakistan by in the strong centre.‖

―The prevailing condition of the country is that the elected members have no dare

to attend the sessions. Those who come, they have no dare to express their real opinion

because of fear. There is also the danger of the national assembly becoming the bloody

conflicts.‖

―Every problem of the country is being decided in the streets.‖

―The whole Nation demands that General Yahya Khan, the commander in

Chief of Pakistan Army, should fulfill the constitutional responsibilities. The Pakistan

Navy and Air Forces are with him and the entire nation has faith in their valor and

patriotism.‖

132
 ―I have decided to relinquish the office of President.‖

―Every soldier is your brotherit will restore peace, economy and democracy.

President of Pakistan handed over the powers to the military. Ayub Khan gave a silent

message in his speech that there must be a strong centre why his suggestion was ignored

by the successor? According to the constitution of 1962 President was bound to hand

over the power to the speaker but he ignored it incidentally‖(Field Martial Ayub Khan‘s

last address to the nation on 25 th March 1969).

President Ayub wrote in a letter to Agha Mohammd Yahya (Commander in

Chief) that there was no more organized institution than Army. Was it meant that he

never allowed other institutions to strengthen themselves?

3.6 Deadlock of Civil Military Relations from 1969-71

The commander in chief General Agha Muhammad Yahya Khan who was

also waiting in this day addressed the nation. My dear countrymen,

―You have already heard the President and read the letter in the press published on

24th March 1969. All the efforts didn‘t meet with success to negotiate with the

protesters. He therefore called upon me to carry out my prime duty of protecting this

country from utter destruction.‖

He further protected the military with saying.

―My sole aim in imposing martial law is to protect life, liberty and property of the

people, put the administration back on the rail.‖

―The armed Forces belonging to the people, they have no political ambitions and will

never prop up any individual or party.‖

133
―Let everyone to go back to his post to repair the damage caused to the economy and

well being of Pakistan‖ (General Agha Yahya Khan first broadcasting to the nation on

26th March 1969).

Pakistan again saw the direct Military Rule in 1969 but this time Military tried

to let the politicians contest elections. General Yahya Khan adopted a different policy

than General Ayub Khan. But unfortunately these politicians were totally unpopular in

opposite wings. Pakistan People‘s Party (PPP) won only a single seat in East

Pakistan the same situation was in West Pakistan for the Awami League. General

Yahya Khan Chief Martial law administrator as well as the President (self made) of

Pakistan was supported by the Army. But he couldn‘t manage this situation like General

Ayub Khan. He couldn‘t handle the affairs of the state without the consultations of

bureaucrats and Military top brass. So, he planned to develop the relations with the

civilians and tend to transfer the powers to civilians. He imposed no restrictions on the

politicians. He wanted to solve the administrative problems and to create a friendly

atmosphere (Wheeler, op.cit. p. 276). But it was in his mind that there would be no

majority for a single party, a hung parliament would work under military. General

Yahya was considering himself as President and let the election to be held.

A Legal Framework Order (LFO) was issued on 30 th March 1970. The order

was explained how the assembly would be constituted. Constitution making,

Parliament‘s functions were defined in this order. On 5 th October 1970 nationwide

elections were held on the basis of adult franchise.One unit was abolished in West

Pakistan and instructions of president Ayub Khan were ignored. It is said that president

Ayub Khan never compromised on dissolving the one unit and it was the single way to

keep the state united.

134
 Political parties campaigned freely, there were two major political parties

Pakistan People Party (PPP) led by Zulafkar Ali Bhutto. Its manifesto was ‗Food, Cloth

and Shelter‘, while Awami League, headed by Sheikh Mujeeb-ul-Rehman, and

campaigned with the help of six points. Military kept it in mind the role of Sheikh in

Agratla Conspiracy (Zaman, 1982. pp. 20-21).

Military and bureaucracy had the predictions that no party could get majority so

there would be a hung parliament and military would easily influence the decisions

(Ziring, op.cit. p. 216).It was also considered the manifesto of political parties was just

a slogan. Both the predictions of the military proved wrong. Awami League got 167 out

of 169 in East Pakistan while Pakistan People‘s Party (PPP) got 81 out of 148 in West

Pakistan. On international level these elections were declared free and

fair(Kardar, op.cit. p. 5).

Army had no intentions to transfer the power to Mujeeb on the basis of Six

Principals& Agratla conspiracy. Mujeeb also did not show interest to compromise with

army. It created problems to transfer the powers to the civilian leaders (Ahmad, 2001,

pp. 145-146). Bhutto also did not compromise on these Six Points. So both the political

leaders boycotted the meetings. General Yahya asked Mujeeb to publicize a draft about

transfer of powers but Bhutto refused to recognize this proclamation. He called it

execution of dismemberment of the country (Ziring, op.cit. pp. 116-119). On various

occasions, General Yahya called Sheikh Mujeeb-ul-Rehman as Mr. Prime Minister.

Zulafkar Ali Bhutto knew it very well how to pressurize General Yahya Khan through

ruling elite. Civil and military elite were also against Mujeeb from his six principles.

General Abdul Hamid, General Peerzada, General Gul Hassan, General Umer, General

135
Tikka Khan were pro Bhutto and motivating General Yahya Khan according to their

wishes. Power transfer issue was not going towards the solution.

Meanwhile, students shouted for independent state as Bangladesh. The flag of

Pakistan and the picture of Quaid-e-Azam Muhammad Ali Jinnah were burnt. Situation

was out of control Martial Law was imposed in East Pakistan. Government arrested

Mujeeb-ul-Rehman. Political parties were restricted (Hurst, 1996. p. 45).

Situation became so sever and General Tikka Khan couldn‘t face insurgency against the

government in East Pakistan. India got advantage from this situation, she trained and

weaponised the Mukti Bahmni and attacked on East Pakistan. Military of

Pakistan couldn‘t face the multi sectors; it was considering itself one among the best

forces of the world. The conflict between military and civil authorities divided Pakistan;

the only ideological state of the world was dismembered. A new country with the name

of Bangladesh emerged on the map of the world. (Mattinuddin, 1994. pp. 225-226).

This incident put bad impression of military. So, military handed over the power to

civilian leader Zulfiqar Ali Bhutto. Bhutto was appointed as the Civil Martial Law

administrator.The disciplined and organized institution (Military) of president Ayub

was before the people, Military, political leaders and external powers became reason of

disintegration of East Pakistan. It was said by Indra Gandhi that the Two Nation theory

was drowned in Arabian Sea. On this statement by Indra Gandhi at the first time the

desks were beaten for so long time in the parliament of India.

Yahya Khan had lost senses during the last few days of war due to heavy drinking. The

largest Muslim state of that time was divided because of the blunders committed by the

political and military elites (Nawei Waqat, 30 Jan. 1972).

136
3.7 Turn the tide from 1971-77

Zulfiqar Ali Bhutto took oath on 20 th December 1971. The pattern of civil military

relations was totally changed. The hegemony of the civilians was seen in the country.

Bhutto tried to keep the military out of political affairs. The major issue for Bhutto was

how to keep the Army out of politics on permanent basis. As it was recently

demoralizeddue to the separation of East Pakistan so Bhutto wanted to take advantage

from this military status. Supreme Court‘s decision against General Yahya Khan‘s coup

was also in the favor of Bhutto. At that time Bhutto was the only single popular leader

to manage the crisis. First of all he took steps against the military(Weinbaun, 1996. p.

642),(Gohar, 1995. p. 276).

He addressed to the nation:

―My dear friends, citizens, the interests of the country are supreme. It is in the interest

of the country and in the interest of the Armed Forces of Pakistan. Commander-in-Chief

of Army and Air Staff are replaced.‖

―The designation of C-in-C is changed with the head of Chief of Army Staff. This

practice is also worked successfully in other countries.‖ He further emphasized.

―We must wipeout the Bonapartism from military. These tendencies must

never again pollute the political life of this country.‖

―The tenure of Chief of Staff would be fixed. The new person would replace the

incumbent, fresh ideas would be share. It would be beneficial not only for the forces

but also for the nation‖. (Z.A.Bhutto‘s address to the nation on 4 th March, 1972).

With the above mentioned advantages Bhutto took steps to keep a check on military‘s

role in politics. He modernized the military and increased its budget. He changed the

137
command structure of the military, introduced the designation Joint Chief of Army Staff

and created Federal Security Force. The current generals who were busy in political

affairs were forced to retire. General Gul Hassan Khan and Air

Marshal Rahim Khan (close friends of Bhutto) with six air force officers were retired.

Bhutto extended the tenure of Air Marshal for four years and Naval headquarter was

replaced from Karachi to Islamabad. The commission was headed by Hamud-Rehman

Chief Justice of Pakistan to investigate about the debacle of Dhaka. A report was

submitted but the summary and findings were not published. Bhutto gave the tough

time to the top brass of military, In the first time of Pakistan‘s history the military was

pushed back in its traditional field by Political elites. The function of military was

defined in the constitution of Pakistan 1973, ―Military will defend Pakistan against

external aggression or threat of war and subject to law, act in aid of civil power when

called upon to do so‖ (Constitution of Pakistan 1973, Article 245). With the help of this

Civil Government put an end to military involvement in the active politics.

Constitution defined the high treason for direct or indirect or to conspire about

abrogating the Constitution of Pakistan. Parliament was authorized to make laws for the

guilty of high treason. In September 1973 parliament passed a law providing death

sentence or life imprisonment for subversion of the constitution (Nawai-Waqat, 15

September 1973). The constitution also laid down the oath for armed forces as ―I

…….. do solemnly swear that I will bear true faith and allegiance to Pakistan and

uphold the constitution of the Islamic Republic of Pakistan which embodies the will of

the people, that I will not engage myself in any political activities whatsoever and that

I will honestly and faithfully. Serve Pakistan Army (Navy or Air Force) as required by

and under the law‖. (Constitution of Islamic Republic of Pakistan 1973, Third

Schedule).

138
 Bhutto had a mind to strengthen the civilian security forces. After taking oath

first of all, he signed an agreement at Shimla and the prisoners of wars(POWS) of 1971

war were returned, threat of trial of 195 POWS was also removed with negotiations. It

was the great achievement of the Bhutto.

In the start Bhutto was harsh on military but some internal and external incidents forced

Bhutto to change his mind.

• Sardar Muhammad Daood became the head of Afghanistan in 1973. He picked

the issue of Pakhtoonistan.

• Second Pakistani intelligence agencies seized a large amount of ammunition

from Iraq embassy, from Baluchistan and Peshawer anti-Pakistan literature was

collected. All the equipments were Russian made( Rizvi, 2000, p. 218).

• India also experimented of nuclear explosions and it created a threat for

Pakistan. So Bhutto made his mind to get nuclear technology at every cost. He

devoted all his energies to gain nuclear technology. The people of Pakistan were

truly eating grass as the nation was close to bankruptcy but Bhutto eagerly

wanted to make Pakistan an Atomic Power at any cost against India so the entire

requirements of scientists were fulfilled.

With above mentioned incidents Bhutto changed his mind and became polite to

overcome these problems. Military at this time was also loyal to Civil Government.

Military remained busy to regain its status, because the morale of military was down
after the disintegration of East Pakistan.

Bhutto‘s Government obtained military equipments from external sources, US

lifted embargo on the lethal equipments with the personal efforts of Z.A. Bhutto

(Pakistan Times, 26 February, 1975).

139
 The military as an institution stood by the civil setup. The supremacy of civilian

government was seen over the military. Throughout this period military offered

invaluable services to the civil government. Military helped the civil government

including maintaining law and order, rescue operations in natural calamities and Nation

building activities.

These tasks of non-professional field helped to restore the military‘s image in

the politicians of that time. The masses of Pakistan also changed their minds about the

military which was made after the debacle of Dhaka. In various policies, army officers

disliked Bhutto but Tikka Khan was supporting him. Prime Minister Bhutto vetoed the

Joint Chief of Army staff under Defense Minister (Himself). All these activities were

disliked by the military (Arif, 2001. p. 175).

Prime Minister Z.A. Bhutto published a white paper in 1976; the salient features were

as under.

• The constitution of Pakistan command and control of the Armed Forces vests to

the Federal Government. Chief executive (Prime Minister) would be responsible

to the nation for safeguarding the sovereignty, integration and independence of

Pakistan.

• Prime Minister would also be powerful in field of defense and supervise the

national efforts for achieving their national interests. In short, Prime Minister

was responsible to watch out the works about the defense interest of the state.

• Coordination among the institutions would be ensured.

• The requirements of the Armed Forces wouldbe fulfilled by Chief executive

(Prime Minister).

• Prime Minister would supervise the internal and external policies of Pakistan.

140
• In actual he (Prime Minister) would supervise all important matters directly,

those relating to defense, the defense committee would deal it under the

supervision of the Prime Minister of Pakistan.

• The chairman of the Joint Chiefs of Staff committee (JCSC), the three chiefs of

staff, the general secretaries of defense and finance and secretaries of defense

would be under the supervision of the Chief executive of Pakistan. The

supervision would be conducted during war and hostilities.

• The defense council was also established so defense committee of the cabinet

would determine and approve the policy. The defense council would be

responsible to act on this policy and it would be chaired by the Prime Minister.

• Minister of defense, Minister of finance, Minister of foreign affairs, the

chairman of Joint Chiefs of Staff committee, and the chiefs of staff of three

services, secretaries general of defense, finance and Ministries of defense may

be attended when it would be required.

• Minister of defense, the secretariat of the defense Minister would deal the

defense division, defense production division, aviation division, the joint chief

of staff committee and the heads of Army, Navy and Air Force.

• The Chairman of Joint Chiefs of Staff committee would play the role during

peacetime to make plan about the defense of the country including planning of

war. He would never exercise his powers during the peacetime.

• When Prime Minister would inform the nation about the war or war like

situation JCSC would assume his responsibilities on behalf of the Prime

Minister who would exercise the power of supreme commander of the forces.

141
• The JCSC would also be appointed normally for three years from any of the

three armed force services.

• The Chiefs of the Army and JCSC were bound to follow the decisions of

authorized defense minister.

• The Chiefs of the Army would be the advisers to the Prime Minister; they would

be responsible for the morale and discipline of the forces under their control for

conducting the operation. They would also have direct access to defense

minister (Prime Minister) when required.

P.M. Bhutto‘s foreign policy also influenced the civil military relations. He had

visionary independent foreign policy and had a mind about a perfect military to

help the Muslim World. He visited oil producing countries of Middle East for

gaining economy and oil. He kept in mind the relations with the third world

states, historical ties with the Muslim World, the geo-strategic location of

Pakistan. He recognized Democratic people republic Koria, East German,

Cambodia, and Government of Vatnam and also close relations with China,

normal relations with Soviet Union, supported the liberation movements of

Africa. These works were completed independently (Hashmi, op.cit. p.166).

When Bhutto was not in power he condemned the SEATO and CENTO pacts

but when he was in power he made agreements with US for obtaining

armaments to tackle the security issues.

P.M. Bhutto recognized Bangladesh and also invited President Mujeeb-

ulRehman to attend the summit in Lahore the Organization of Islamic

conference (OIC).

142
 Bhutto framed the new constitution of Pakistan 1973. He introduced

Parliamentary form of government. He assured the independence of judiciary and the

human rights. But the opposition in the parliament was not safe from the cruel manners

of Bhutto; bullets were fired on parliament members. Those persons who supported him

in gaining power they were poisoned by him. He amended the

constitution; the 4th, 5th and 6th amendments in the constitution reduced the freedom of

judiciary and media. Seventh amendment was made on 16 th may 1977 within few

minutes when Bhutto was under the pressure of rigging from opposition. This

amendment provided the power of referendum to the prime minister to escape from

reelection. It also prohibited the Hi-Courts from exercising jurisdiction over the people

and their property of an area where the armed forces were brought in aid of civil power,

fundamental rights of the people were curtailed. Provincial autonomy was reduced and

military operations were conducted which proved to be poisonous for Bhutto and civil

and military class took stand against him (Samual, 1996. p. 110).Baluchistan and Kalat

operations changed the people in the favor of military and with the passage of time

everything was against Mr. Bhutto. It was clearly mentioned that Bhutto was disliked

by the military from various activities. Bhutto ignored the seniority and promoted the

non-recommended Generals. The establishing of federal security force(FSF) in 1972 in

favor of police to maintain law and order situation in the country but it was used to

disrupt the political meetings of the opponents. Bhutto kept a strict check over his

opponents; FSF was parallel force against the military to weaken its image. It was

equipped with automatic weapons, rocket launchers, rifles and plan wa s handed over

the tanks and helicopters to it. It had its own intelligence cell and secret service funds

were allocated. FSF proved for Bhutto a gallows it was used against the opposition and

it was the opposition which wanted to remove Bhutto at any cost. (Chishti, 1991. pp.

143
 82-83). So, military considered Bhutto as a threat for military institutional autonomy.

Zulfiqar Ali Bhutto didn‘t rely on military and established Federal Security Force that

decreased the budget of military and changed the pattern of civil military relations.

Opposition parties also considered it threat against them and challenged its legitimacy.

It was claimed that FSF should be under the military control. Bhutto also dismissed 303

civil servants and appointed politically loyal bureaucracy. Bureaucracy was also

politicized so it was also not in the favor of Z.A.Bhutto. Z.A. Bhutto gave tough time

to President Ayub and it was also in mind of

Military.

3.8 Election of 1977 and the Down-fall of Z.A. Bhutto

Bhutto was defamed among the people and his graph of popularity was too much lower

than the elections of 1970s. As he announced that the elections would be held in 1977.

Opposition parties made alliance against PPP. Elections were conducted, opposition

claimed about rigging, with in no time situation became out of control. Bhutto tried to

suppress the situation by dialogue with the opposition but it was too late(Hauqani, 2002.

pp.116-117). Pro-Islamic groups were claiming about the pure Islamic system. Bhutto

ordered the military to launch operations in major cities, but military refused to do so

whereas Police and FSF had already surrendered (Mehmood, op.cit. pp. 368-370).

There was the danger of civil war in the country. Military took initiatives and the chapter

of civil setup again closed (Baxter,1991.p. 8).

Bhutto was arrested, in his late political statement he accused the US about supporting

military to intervene and PNA for preventing Bhutto to gain the nuclear

measures.(Pakistan and India: Policies, personalities and foreign policy. Asian survey,vol.

144
viii, No.7, PP 717-725),(Kheli, 1982,pp. 127-128). Brigadier Tirmizi has no hastened to

add that foreign money was also used to destabilize the Bhutto

Government (Shafqat, 1997. P. 190), (Warriach, 2007. P. 264). He flew Saudi-Arabia,

UAE and Libya to settle the issue but all in vain(Khan, 2013, p. 137). This was 3 rd time

military hegemony and it proved longest (Chaudhary, op.cit. p. 33).

Thirty years history of civil military relations is seen in this chapter, only three

points are concluded: One political immaturity in the elite class, Second, military and

right-wing political party‘s lust of powers, third, the annoying of big powers with Z.A.

Bhutto. Let see the works of General Zia-ul-Haq in next chapter.

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4.1 Introduction

When Z.A. Bhutto was blamed for rigging in elections in 1977, people stood

against himthrough strikes and mass movements. Martial Law was imposed in major

cities of Pakistan. Opposition hesitated to negotiate with the prime Minister. Two

groups stood out in the country. One major group was led by Pakistan People‘s Party

(PPP) and Second by Pakistan National Alliance (PNA). Movement of Nizam-

eMustafa also changed the situation. Both the groups got busy in letting each other

down. Civil insurgency was about to start. Moreover, no one expected that military

would come and stay for such a long time. In Bhutto era civil setup was strong political

parties were well established.Military was habitual to follow the civil orders and even

the people were also politically maturer than the past. General Zia‘s intervention was

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no more different from General Ayub‘s and General Yahyakhan‘s. Anti-Bhutto

agitation created the situation of civil insurgency. He imposed Martial

Law with ‗operation fair play‘ and not a single bullet was fired like the coups of past.

People remained busy as usual in their daily routine matters. No agitation was seen

against military. But July 1977 coup had a dramatic ethos and intensity.

In this chapter the civil military relations from 1977-88 have been discussed. The third

martial law from 1977 to 1988 was imposed for relatively a short history of thirty years

since Pakistan‘s independence. In this period military took over and assumed the

powers directly. Military applied many strategies and tactics to prolong its tenure so the

non-party based elections were conducted. The constitution of Pakistan was amended

to strengthen the powers of the President in uniform. The seats of civil bureaucracy

were filled with the present and retired officers of military and quota of military was

fixed in the civil setup. Many people settled in the Gulf States.

They were busy in their earnings and no one spoke against military government.
There are a few questions about the civil military relations from 1977-88. First, had

military intentions, in advance, to topple the elected government of Z.A. Bhutto?

Second, why PNA couldn‘t achieve its objectives? Third, was the doctrine of necessity

by judiciary proved helpful for the democratic future of Pakistan or not? Why did Zia

conduct the local elections on their due times while General elections were not at all?

These questions would be explained in the following.

4.2 Was Military Pre-Planned About the Coup?

The situation of 1977 was quite different from the coup of 1958 and 1969. The

act of General Ayub in 1958 was long contemplation (Yusuf, 1999, p.172). The military

coup by General Yahya Khan in 1969 was the act of usurpation of the authorities. The

circumstances under the military coup of 1977 were quite different.

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General Zia deposed an elected government, Bhutto‘s government that had encircled

the military institutions successfully in the past. This act of General Zia was falling in

treason according to the constitution of Pakistan 1973 Article. (6). As masses had

already experienced that the martial-laws in the past could not proved fruitful for the

state, so this time military was not commanding the public prestige that it enjoyed in

1958 and 1969. In the past political forces were weak and public was not well-aware.

But in 1977 people were conscious (Noman, 1988, p.117).

After the previous two military coups and the disintegration of East Pakistan, military

had stigma for its humiliation in 1971. These factors forced military to legitimize the

coup. These were the dilemmas which were faced by the third coup of military. The

imposition of General Zia‘s martial law was the grim deposit of the movements of

protest launched by the opposition against the Bhutto regime. Bhutto also implemented

Martial Law in three cities of Pakistan to encounter the situation.

The political polarization was going towards the civil war. Military was left with no

choice other than intervening into politics (Yusuf, 1999, p. 172-173). This assumption

was not totally correct. Both the groups PPP and PNA had reached to sort out the issue.

Having the knowledge of that agreement between the two political parties, military

intervened because it did not want to miss the chance. Apart from military PNA could

not be considered free from the blame, the ideological parties paved the way for the

resumption of power by the military. Despite that availability of provision of

―Adequate constitutional remedies in the form of constitutional commission to go into

case of irregularities and provide immediate redress, the PNA took the entire issue to

the streets outside the legal framework‖ (Kukarji, 1984, p. 132). After debacle of

Bengal, the Civil Government was in a position to overcome the military. But the

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political elites couldn‘t maintain it. The crisis of 1977 encouraged the military and street

agitation decreased the morale of civil setup.

After the debacle of Dhaka, the military was under the command of civil setup and it

was habitual to follow it. The inability of political elite and political crisis changed the

situation in favor of military& military again utilized it freely.

Bhutto always relied on his charismatic leadership, he didn‘t trust on cabinet. He started

operations against his friends. When police and FSF couldn‘t achieve his desired

objectives he called military for support. First Army‘s role remained limited but later it

was handed over more powers (The Times, April 22, 1977). Bhutto held a meeting with

Army Chiefs and they promised to be loyal according to the constitution. Military Chief

was called in the cabinet meetings, he was sent to the PNA leaders for negotiations, and

a message was given to the opposition that the government was still enjoying the

military support. When the PNA did not achieve its objectives, it changed its policy and

made a direct appeal to the military to intervene.

Written requests were sent by PNA leaders to the Army as:

―I am addressing this letter to the Chief of Army Staff and the officers of the

Defense Services of Pakistan‖.

―It is your duty to defend the territorial integrity of Pakistan and to obey lawful

commands of superior officers placed over you. To differentiate between

‗lawful‘ and ‗unlawful‘ command is the duty of every officer. Every one of you must

ask yourself whether what the army is doing is ‗lawful‘ activity and if your conscience

tells you that it is not, and you still carry it out, you would appear to lack moral fiber

and would be guilty of grave crime against your country and against your people‖.

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Air Marshal Asghar Khan put the responsibility of disintegration of East Pakistan on

Z.A.Bhutto and mentioned al the actions of the government to counter the mobs.

―You shall be now having realized that the military action in East Pakistan was

a conspiracy in which the present prime minister played a Machiavellian role. You

know the circumstances in which military action in Baluchistan was engineered and

how completely unnecessary this action had been. You are also probably aware of the

utterly unnecessary military action last year in Dir in the NWFP. If you have any interest

in the national affairs you must also be aware that during the election campaign, the

nation expressed its powerful disapproval of the present regime.

Following the people‘s rejection of the government, you should have been surprised at

the election result in which the PNA, which could muster much overwhelming popular

support, only could get 8 out of 116 NA seats in Punjab. You must surely know that

many people were not even allowed to file their nomination papers. Was it not too much

of a coincidence that no papers could be filed against the Prime Minister and all the

Chief Ministers of the four provinces? That those who dared try ended up spending a

few nights in police custody. One of them has still not been traced‖.

He described the rigging in these words.

―Those of you who were even remotely connected with duties in connection with the

March 7 election would also know of the blatant manner in which rigging took place,

of the hundreds of thousands of ballot papers of PNA candidates that had been taken

out of ballot boxes and were found in the streets and fields of Pakistan. You would also

have seen the deserted polling stations of March 10, the day of the provincial polls,

following the call for boycott of provincial elections by the PNA. Nevertheless, the

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government media announced that an unprecedented number of votes had polled; surely

you must have followed the movement which called for Mr.

Bhutto‘s resignation and re-election in the country‖.

He discouraged the Z.A.Bhutto‘s actions.

―The coming out of women in thousands on the streets in every city and town with

babies in their arms was seen that no one will forget. The movement proved within a

few days that he and his government had been completely rejected by the people. The

death of hundreds of our youth and the beating of our mothers and sisters was a scene

that may well have stirred you to shame and sorrow. Have you ever thought why the

people put themselves to so much trouble? Why must mothers come out to face bullets

with babies in their arms? Surely, it is only because they feel that they have been

wronged; that they have been cheated; that their basic right to ‗hire and fire‘ their rulers

has been denied to them. They understood when we told them the truth, that the

constitution, which you as officers of the defense services are sworn to defend, had been

violated. Article 218 (3) of the constitution of Islamic Republic of Pakistan, says, it

shall be the duty of the election commission, constituted in relation to an election, to

organize and conduct the elections and make such arrangements as are necessary to

ensure that the election is conducted honestly, justly, fairly and in accordance with law,

and that corrupt practices are guarded against‖.

He motivated the military to intervene with these words and not mentioned to conduct

free and fair elections.

―This, my friend, was not just a fair election. Mr. Bhutto has vitiated the constitution

and is guilty of a grave crime against the people. It is not your duty to support his illegal

regimes, nor can you be called upon to kill your own people, so that he can continue a

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little longer in office. Let not be said that Pakistan Armed Forces are degenerated police

force fit only for killing unarmed civilians. How else can you explain the shooting of a

spirited lad whose only fault was to show the ―V‖ sign to the army in Lahore the other

day? The spirit of adventure, of defiance rather than servility, needs to be encouraged

in our youth and this unfortunate incident is a bolt on the name of the army. It would be

difficult to wipe it out. Similarly, shootings by the army in Karachi on an unarmed

crowd in unpardonable. Did you not realize that the poor and hungry people of Pakistan,

throughout 30 troubled years of our history, had shown only love and affection for our

armed forces? That they wept when you had laid down arms in East Pakistan, they have

always prayed for your glory and have literally starved themselves and their children

so that you are fed well and our generals and senior officers can live a life that even

their British and American counterparts would not dream of. It pains me to say that love

is now gone. Pray do not let it turn to hate. For, should that happen, a tragedy would

have occurred in the history of this nation which we in our lifetime may not be able to

undo‖.

Air marshal not mentioned a single word about the safety of democracy but only to
motivate the military to intervene.

―As men of honour, it is your responsibility to do your duty and the call of duty in

these trying circumstances is not the blind obedience of unlawful command. There

comes a time in the lives of nations when each man has to ask himself whether he is

doing the right thing. For you, the time has come. Answer this call honestly and save

Pakistan, God be with you‖ (Letter written to Chief of Army Staff By Air Marshal (Rtd)

Muhammad Asghar Khan in May, 1977).

Strong public pressure of the masses was also present on the military not to start

operation against the PNA. PNA women also made telephones to the wives of the senior

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officers and requested to restrain their husbands from starting operation against the

demonstrators (Rizvi, 2000, p. 238). Z.A. Bhutto had handed down before the military,

PNA was also calling military and the situation was totally in the favor of the military.

So, military indicated its impatience and third martial law was imposed (Daily Nawai-

Waqat, April 15, 1984), (Daily Jang, September 24, 1984).

PNA also could not realize that the politics of polarization with such great momentum

would undermine the ―residual legitimacy‖ of Pakistan‘s only civilian regime in two

decades. The agitated Politics of PNA forced Z.A. Bhutto to bring military to tackle the

situation, to bring the law and order keeping role as it performed in the past and

ultimately led the military intervention in the wake of fragile legitimacy of the civilian

government (Kukarji, 1984, p.133). But it is clear that some internal and external forces

wanted to remove Bhutto from stage at any cost. Mass movement was led by PNA.

Malpractices in elections was not the problem for Z.A. Bhutto, the reality was that the

cabinet and his colleagues became anti-Bhutto. They encouraged such activities. The

grievances against Bhutto came out which were hidden from last five and a half years

(Warriach, 2007. p. 264).

Nizam-e-Mustafa (Islamic system of government) Journalists, lawyers and some other

groups were also in the field against Bhutto, all were claiming about their rights. The

major role was played by the traders and the businessmen. These were against the

socialist approach of Bhutto (Saeed, 1980, pp. 157-164).The casualties in a short time

increased still there hundred thousands were wounded in these Processions (Khan,

2004, pp. 122- 123).

In such a catastrophic atmosphere of political deadlock and crucial state of both the

groups (PPP and PNA), the single force was to replace the Bhutto regime was General

Head Quarter(GHQ). On the other hand, right wing political parties were not in the
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position to manage the political system of Pakistan, so this group allied with military.

Z.A. Bhutto made a personal appeal to the people, arrested the PNA supporters. Police

and FSF were active in this operation. He adopted a number of policies to counter the

rivals but all in vain. He showed interest to impose restrictions on drinking, gambling

and night clubs. He also emphasized on the ideology of Islamic Sharia. He visited

Saudi-Arabia, UAE, and Libya for help to negotiate with the embassies of these

countries and these did well to negotiate between the PNA and PPP (New York Times,

April 18, 1977). PNA did not agree to negotiate and the dialogue procedure was very

poor. They wanted to encounter Z.A. Bhutto, mass movement was all over the country,

PNA wanted not to miss the chance. PNA adopted the same policy of Z.A. Bhutto which

was used by him against Ayub, ‗People want change‘. It was a logical vacuum for

military to intervene which was self made by the opposition of Bhutto. In addition, some

of the components of PNA, particularly the fundamentalist Jamat-e-Islami seemed to

have been aware of this fact but this idea was quite throbbing. So, Jamat-e-Islami paved

the way on the shoulders of PNA that

GHQ will topple the civil setup to see the insurgency which would be created by PNA.

So, ―they consciously adopted the strategy of supplanting the PPP by military rule,

perhaps they knew well that PNA couldn‘t ready to come to power on its own and if

even it did so, it could not hold together for very long because of the given charter and

composition of the PNA‖ (Ayub, 1978, p. 18).

The military elites also believed that difference between the two political groups was

unbridgeable (Chisti, 1989, p. 64). Such perceptions of military forced it to intervene.

Therefore, after concluding from all the issues, General Zia-ul-Haq had little choice

except to overthrow the Bhutto‘s regime (Shafqat, 1997, p. 191). When the dialogues

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were carried on, in this time military had completed its plan about the coup with the

name of ‗operation fair play‘ (Arif, 2001, p. 288).

Above mentioned facts provide insight into the perceptions of 1977 military elites. But

these arguments could not hold enough water on the following pretexts. General Zia

and his collogues were fully informed about the negotiations process. As their

negotiations prolonged and finally arrived at resolve. The military elite had developed

the ambitions for power.

• Between March-May 1977, when political opposition and protests were not only

at the peak in their controversy between both the political groups but also the

position between Prime Minister and Chief of Army Staff was present (Bhutto,

1979, p. 34).

• GHQ changed its attitude when negotiations were going towards success.

The political leaders who were involved in the PPP-PNA negotiations conveyed the

impression that military is about to intervene. Professor Ghafoor of Jamat-e-Islami

claims that Bhutto had virtually accepted all the principal demands of the opposition,

most importantly of holding fresh elections (Ahmad, 1998, p.213-256). So, the military

intervention at this stage was unwarranted (Shafqat, 1997, p. 190). The military coup

proved that the political novice was still present in the masses of Pakistan. Their

political norms proved still too much poor.

In his opening speech after takeover, General Zia-ul-Haq mentioned various reasons

for the military intervention.

He addressed to the nation that the government of Z.A Bhutto was ceased. The interim

government established and this change was completed peacefully and smoothly. Z.A

Bhutto and PNA leaders were in custody. He mentioned that the army coup was not a

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pleasant act, army of Pakistan always preferred to run the administration through its

representations. Those were its real masters. He mentioned, ―I genuinely feel that the

survival of this country lies in democracy and democracy alone‖. ―Martial Law had

been imposed throughout the country, national and provincial assemblies were

dissolved and Provincial Governors had also been removed‖. Some parts of the

constitution were abrogated. Certain parts were in abeyance. President of Pakistan Fazal

Elahi Chaudhary was allowed to work with four members of military council. Council

consisted of Chairman Joint Chiefs of Staff, Chiefs Staff of Army, Navy and Air Force.

He mentioned himself as chief Martial Law administrator. General Zia-ul-Haq further

mentioned, ―I have met with Chief

Justice of Pakistan, he advised and guided me on legal matters‖. He explained that

military had no interest in political affairs, after filling the political gap it will go back.

Further he mentioned that his sole aim was to organize free and fair elections which

would be held in October of that year. Powers would be transferred to the public

representatives. ―I give a solemn assurance that I will never deviate from that

schedule‖. Martial Law order could not be challenged in any court of law. ―I have

banned all the political activities from today to till further orders. Political orders,

Political activities will be allowed before the elections‖. Chief Justices of the

HighCourts were appointed as governors of related provinces. Harsh manners would be

adopted for insurgency creators. Contracts of former government would be carried on.

In the end he emphasized. ―I must say that the spirit of Islam, demonstrated during the

recent movement, was commendable. It proves that Pakistan which was created with

the name of Islam will continue to survive only if it sticks to Islam. That is why; I

considered the introduction of Islamic system as an essential pre-requisite for the

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country‖ (General Muhammad Zia-ul-Haq‘s First address to the Nation on 5 th July

1977). This multi-purposes speech of General Zia disarrayed the democratic future of

Pakistan.

4.3 Chaotic Situation and the Military Strategy

As the time passed Zia gradually entrenched himself into politics. He expanded

the goals of the coup from election to accountability of the politicians. He introduced

the Islamization in politics. Professor Hassan Askari Rizvi comments, ―He developed

a savior or messiah complex and ruled the country with an aura of a God ordained

missions to transform Pakistani society on Islamic lines‖ (Rizvi, 2000, pp.247-308). The

claim of General Zia-ul-Haq was quite interesting to note that he was only accountable

to Almighty Allah for his actions. Further, he spread the message in the masses of

Pakistan that no one could challenge the ruler of Islamic State to impose Islam in

Pakistan. He introduced that the lives of the people would be changed according to the

teachings of the Holy Quran and Sunnah. He showed his ideological leaning towards

the cause of PNA protest movement. He briefed the people of Pakistan about his agenda,

ensured that his regime would determine to normalize the situation of law and order,

the reduction of political tension among the competing groups, holding of free and fair

elections and transfer of power to the elected representatives. This process would be of

the 90 days operation. In a statement he declared, ―I will never accept (any) political

office because I don‘t think to fit for that‖ (General Muhammad Zia-ul-Haq first address

to the nation, 5th July, 1977). PNA also acclaimed that General Zia had solemn promise

about implementing the pure

Islamic system, if PNA co-operated with the Army.

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4.4 Postponing the Elections

General Zia and his associates were quite aware that under the constitution of Pakistan

1973, it‘s treason to overthrow the elected government and the punishment of treason

was sentence to death. Therefore, Military introduced the slogan of Islamization to

handle the situation and to prolong the tenure of martial law. After 90 days the elections

were postponed and the accountability of the politicians was emphasized. The right

wing parties also appreciated the decisions of the government. With the passage of time

General Zia-ul-Haq emphasized that he would never hand over the powers as long as

the mission of Islamization and purifying the politicians was completed. Later, General

Zia recalled that after taking over he clearly defined the priorities of his government, in

which the Islamic order was on the top, the transfer of power to the civilians was

secondary consideration. ―We have no intention of leaving power till the

accomplishment of our objectives of Islamization of national polity and induction of

decency in politics until then neither I will step down nor will let anyone rise‖(Huqqani,

2004, p. 41),(Shafqat, 1997, p.191).

General Zia prevented the elections at any cost and the present political system

of Pakistan was called by him unsuitable for Pakistan. The ambiguity was seen from his

first address to the nation, at the very first he said powers would be transfer to the

people‘s representatives then he emphasized that the Islamic system would be

implemented, it was essential for him.

4.5 Controversy of General Zia and Z.A. Bhutto

When Bhutto was released from jail there was big gathering in favor of Z.A.

Bhutto, it threatened not only PNA but also military. Military had no problem to hold
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elections in 90 days but Z.A. Bhutto spoke against military in public processions about

its accountability. So military decided to start a movement against Bhutto.

Political leaders‘ property and bank balance were checked. A tribunal was established

under the supervision of Chief Justice of High-Court with Brigadiers and Session

Judges. Military used all means to demoralize the political parties and camouflaged the

political structure (Hussain, 2010, pp. 210-222).

4.6 Legitimacy Issue

Anyhow, it was also quite awkward and difficult for military junta to deny the

rights of the people to choose their own representatives according to their own wills.

International pressure for the legitimization of General Zia was also present specially,

from USA. International aid was conditional about the rehabilitation of democracy. On

other hand it was also against the manifesto of PNA which was used against the Bhutto.

So, military was busy in different ways to undermine the political process and the

democratic institutions. Military excluded certain political segments from political

process. General Zia, rather, deformed the political structure of Pakistan. It was quite

imperative to analyze from his policies that all the strategies were adopted to strengthen

the rule of military and civilians were not allowed to participate properly.

The political strategies of military regime can be divided into four phases.

1. 1977-1979 (Before the death of Z.A. Bhutto)

2. 1979-1983 (After the death of Z.A. Bhutto)

3. 1983-1985 (Promises of elections)

4. 1985-1988 (The light of democracy)

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4.7 The First Phase 1977-1979

During this phase the primary objective of this regime was to demoralize PPP

and seek the co-operation of PNA leadership. It was the first example in the history of

Pakistan when the people of Pakistan showed their alignment with religion. It polarized

and partisaned the Political culture of the state.It also ousted Z.A. Bhutto from politics,

as it was the heartiest dream of PNA to do so. Slogans of islamization of General Zia

regime set the process in motion to undermine the popular forces with the help of

political religious groups who never popped in normal circumstances to get share in the

power structure of the country. Some experts called it ‗Mullah Military nexus‘. It was

the assumption of General Zia‘s regime that co-operation and interaction with anti-

Bhutto religious right shall legitimize their rule and ultimately shall narrow the base of

PPP. So, with the help of transform society on religious consecutive pattern it was used

to remove the PPP Jialas (workers).

From 1977-79 General Zia opted for close interaction and co-operation of PNA parties.

When military regime offered to setup a civilian cabinet, the Muslim League (Pagara)

was first to join in July 1978. It was told to the masses by PNA leadership that they

have joined the cabinet under the shelter of military just to facilitate the process of

islamization of country‘s system and prepare the polity for elections (Rizvi, 2003,

p.174). During the first year rule of General Zia he selected his cabinet from the military

elites, senior bureaucrats, lawyers, industrialists, technocrats and a segment of non-

partisan feudal like Ayub Khan. But the decision making hegemony goes to the realm

of civil military elites. General Zia was also desperately waiting for PNA co-operation

against Bhutto. The decision of the court was also an initiative against Bhutto in the

favor of General Zia and new cabinet 13 out of 21 were from various components of

164
PNA. It was for the first time in the history of Pakistan that Jamat-e-Islami shared the

power in the state apparatus. Jamat got the Ministries of Information and Broadcasting,

Water and Power, and Production. General Zia and his military colleagues either held

the important port folios (Arif, 2001, pp. 171-172). As PNA leadership became the part

of the military regime and its policies throughout the period of Bhutto‘s trial from

(August 1978-April 1979) the component parties of PNA remained the part of the

cabinet. It was only after the Supreme Court‘s decision against Bhutto, the PNA cabinet

decided to be distanced from General Zia. By getting the cooperation of PNA

leadership, General Zia was able to convey the message not only to the masses of

Pakistan but also to the world that PNA was the partner in upholding the execution of

Bhutto (Shafqat, 1997, p. 193). A white paper was issued by the Martial Law authorities

comprising more than 2771 pages on the rigging of Bhutto in March 1978 to demoralize

him.

This cooperation of PNA with military proved useful to deal with political dissidents.

This inclusion of PNA leadership in General Zia‘s cabinet partly civilianized and

humanized the military rule at least for the rightist elements. The patch up of political

beradri in the government was also essential for the military regime for another reason.

When on 16 September 1978, the civilian president Fazal Elahi Chudhary resigned on

his own. Giving the reason that current military regime did not have any intention to

hold the elections in near future. He also revealed that in the future military was not

only planning to amend the constitution but also this amendment would go beyond the

‗doctrine of necessity‘.

So, when the Civilian President resigned, the presence of PNA leadership in the cabinet

got greater importance. But ironically PNA military nexus couldn‘t produce alternative

leadership during that period, which could serve the purpose of General Zia‘s regime

165
as General Zia assumed himself the President as well as the chief of army staff.

Moreover, they proved incapable of culminating the support base of dissidents left

along with those rightist politicians, those were not willing to cooperate with the

military Junta (Cheema, 2003, p. 146).

4.7.1 PNA joined military

The PNA was the combination of right wing parties it was fond of to gain

powers. Military required the co-operation of civilians in order to expand its political

base along with facilitating its agenda to reform the political economic patterns of the

society. PNA joined the military cabinet to share the credit of islamization of the polity.

They also wanted to utilize the state machinery and patronage to strengthen their

political influence to cash it in coming elections. But the PNA‘s leadership which was

the part of president Zia‘s regime soon realized that the ruling generals and

senior bureaucrats bypassed them on important policy matters. PNA was also scattered

in factional groups. There was also another source of annoyance in some stars of PNA

and that was the military regime till towards the Jamat-e-Islami that was supporting the

military policies.

After the opening phase of Islamic laws in Feb.1979, fixing date of elections

and the execution of Bhutto in April, PNA leadership left the cabinet with the intention

that their initial objectives had been achieved (the execution of Z.A. Bhutto). In this

context, the right wing politicians from PNA decided to pretend in independent manner,

so they disassociated themselves from General Zia regime by withdrawing from the

cabinet in April. Yet they assured the ruling General of their continued support from

outside. The PNA‘s decision to join the cabinet caused split within it. The NDP, Tehrek-

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i-istiqlal and JUP decided to part its ways with alliance, which weakened PNA. It

proved helpful for military to gain its objectives (Talbot, 2009, pp.

263-267).

4.7.2 Z.A.Bhutto’s victimization

Bhutto was released on July 8. It was a surprise not only for General Zia but also for PNA

that he had not lost the public support. It seemed quite evident that if elections were held,

Z.A. Bhutto and his party would win the elections again (Milliam, 2009, pp.

73-76).

It was the turning point not only for Z.A. Bhutto but also for General Zia and PNA.

The anti-Bhutto forces realized that agitated and street powers would dominate in the

elections to lead Bhutto. Z.A. Bhutto was still prominent force in the politics of the

country. The fear of Z.A. Bhutto‘s returning to power, another kind of strategy was

devised. Press began to portray Bhutto as criminal who had engineered the murder of

his political opponents. So, deliberately an atmosphere was created in which anti-Bhutto

political forces began to demand his trial and execution. Through his autocratic style

and behavior Z.A. Bhutto had alienated many politicians from his support.

4.7.3 Climax of Jamat-e-Islami

• It was quite interesting to note that Jamat-e-Islami and ruling Generals were not

fully complementing the political goals of each other, yet they realized that

cooperation with each other would be mutually rewarding. Jamat-e-Islami was

not so popular among the masses of Pakistan. It decided to enhance its alliance

with military to cash on the crisis of legitimacy and dilemma of isolation with

which General Zia was confronting day by day. The free hand was given to

Jamat-e-Islami to engage itself in low-key political activities. So this party

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 penetrated the varying situations in bureaucracy, the military, and mass media.

Jamat-e-Islami also helped military in defusing the efforts of those forces which

were against the military regime. It was quite significant in the immediate

aftermath of Bhutto‘s execution.

• The other group, cultivated by military regime, was comprised of extremely

orthodox Islamic leaders who opposed the modern democratic institutions and

process, especially the existing electoral processes, political parties and

legislatures elected on the basis of adult franchise. They supported to maximize

the establishment of a Sharia based on Islamic system, which bordered on

theocracy. The military regime used them to dilute the pressure for early

elections and restoration of political process.

The political, social and economic issues were pushed to back and many nonissues

began to dominate the political national horizon. Female announcers and artists were

prohibited to appear on TV screen, the photograph of Jinnah on currency note was

called un-Islamic and all civil servants were asked to have a beard. Arabic was selected

as the national language and Non-Muslims were removed from the key-posts. Time for

religious programs was increased on TV and radio. Military used Zakat funds to support

these Islamic fundamentals. Zakat fund was provided to Islamic Madrasses. Madrasses

degrees were evaluated. But it created more confusion regarding the political and social

direction of Pakistan‘s future (Rizvi, 2003, p. 135144).

4.7.4 Nusrat Bhutto Case

Air Marshal Asghar Khan, Pir Pagara, Musheer Pesh- Imam and Sardar Sher Baksh

Mazari gave anti-Bhutto statements. After these statements of politicians Zia decided

to devise a strategy against Z.A. Bhutto and his party. All the anti Bhutto political,
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judicial and other forces made it their priority that trial and accountability of Bhutto

should take place first and elections could be held later. After military coup the agitation

had gone to silent. General Zia did not see any problem in conducting new elections

within 90 days and transferring powers to PNA, which according to

General Zia‘s estimation was bound to win the elections. It was also the sensible

perception of PNA regarding the result of the polls. But it was totally against the

expectations of PNA and military when Bhutto was released from jail.Bhutto‘s trial was

started, Lahore High-Court awarded him death sentence but it was appealed before the

Supreme Court. Judgment was written and favored by Justice Anwar-ulHaq, Justice

Muhammad Akram, Karam Elahi Chuhan and Dr. Naseem Hassan Shah. Justice

Daroob Patel, Gulam Safder Shah and Muhammad Haleem disagreed with this verdict

(Arif, 1995, pp.135-144).

Z.A. Bhutto‘s wife Nusrat Bhutto challenged the Martial Law in September 1977. She

accused the treason under Article 6 of 1973 constitution. Supreme Court in its judgment

announced that the military coup was on the basis of the ‗Doctrine of Necessity‘.

Judiciary gave its verdict in favor of General Zia and endowed his usurpation of power

with legality. The court described the coup d‘état as ‗Phase of constitutional deviation‘.

By accepting the doctrine of necessity judiciary had undercut its own authority by

making martial law legally superior to the constitution (Louis, 1986, pp. 260-261).

From 1977-79 General Zia skillfully cultivated judiciary. Chief Justices of High

Court were appointed as provincial Governors. Those judges who were hesitant to

pursue the goals of General Zia regime were removed or allowed to seek premature

retirement. All the High Courts of the country were facing dilemma either to uphold

military take over constitutionally valid or invalid. In March 1978 Lahore High Court

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Chief Justice Molvi Mushtaq sentenced Bhutto to death. Appeal was filed in the

Supreme Court; the verdict from 4 to 3 judges upholds the High Court decision.

Chief Justice Anwar-ul-Haq with three judges concurring wrote the judgment. On 4 th

April 1979 at minutes past 2 am, ex-prime minister of Pakistan Z.A. Bhutto was hanged

to death in the district jail of Rawalpindi.

With the death of Bhutto a U turn came in the politics of Pakistan. Political forces

permanently divided between pro-Bhutto and anti-Bhutto forces. Mian Tufail, Chief of

Jamat-e-Islami met with General Zia before the execution of Bhutto. It was decided that

if Bhutto was to be executed his party would favor the government (Arif,

2001, p. 189).

4.8 Second Phase of General Zia’s regime 1979-85

After the death of Z.A. Bhutto, Political parties were kept out of power. The systematic

efforts were made to advance the interests of military aggregation of institutional

interests and also the entrenchment of institutional hegemony of military in the state

structure of Pakistan.

4.8.1 Promises of elections

Supreme Court legitimized the military government in the judgment of Begum

Nusrat Bhutto vs Chief of Army Staff, recognized the Martial Law under the ‗doctrine

of necessity‘ with the instructions of free and fair elections but unfortunately time

period was not mentioned. Court also granted power to the CMLA to amend the

constitution to perform the duties in good manners for holding free and fair elections

(Begum Nusrat Bhutto vs Chief of Army Staff, etc. (PLD 1977, Supreme Court of

Pakistan PP-657-763). President Fazal Elahi Chaudhary resigned saying that

170
government was not sincere to conduct elections at any cost. Election promise was

repeated from 1979 to 1983. The ruling elite offered various reasons for delaying the

general elections and subsequent transfer of power. But the local elections were

conducted on non party basis to keep the people busy on local basis. General Zia

declared that ―Islam doesn‘t believe in the rule of majority and majority makes the

wrong decisions. The correct decision is needed the minority‖. These were the views of

General Zia regarding democracy (Aziz, 2008, pp. 25-31).

General Zia established the military courts parallel to the existing of civil courts. First,

these courts were trying to offend the martial law. But later the jurisdictions of military

courts were expanded to add the article in the constitution of 1973. This article stated

that no civil court including High court was granted an injunction to make any order or

entertain any proceedings in respect of the matter to extend the jurisdiction of military

court with the article of 212-A (Arif, 2001, p.299).Political parties act 1962 act was

amended, system of separate electorate introduced, accounts record of the parties were

made compulsory to submit before the elections commissions and party elections were

made compulsory. Islamic system of democracy was introduced with non-political

party basis. General Zia exclaimed that

Islam didn‘t believe in the rule of majority, only a correct decision needed to be honored

even if it was supported by the minority (viewpoint, September 30, 1979). In reality,

Government was not sincere in implementing the Islam with its true spirit. Islamic

council was also in the favor of the government. Supreme Court legitimized the

government with the help of doctrine of necessity for restoration of democracy not

Islam. Shariat benches were created in all the High-Courts to adjust the anti military

judges.

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4.8.2 Provisional Constitutional Order (PCO)

After Military coup 1977, constitution of Pakistan 1973 was in abeyance, the working

was under the CMLA order No. 1 of 1977, and Provinces were working under

provincial Martial Law Order. Elections were postponed on various points by

General Zia. Military courts‘ writs were going to lose it. High-Courts challenged its

decisions. Administrative hurdles were increasing for the government. Military courts

wanted a separate system to function without the interference of the High-Courts.

Article 212 (A) was included for the protection of the military courts. A meeting was

held by General Zia with Justice Anwar-ul-Haq, Molvi Mushtaq and

Sharifudin Pirzada at president Zia‘s residence. They scrutinized the draft and modified

it in a new order of 1979. With the help of this order civil and High-Courts were

prohibited to interfere in the proceedings of military courts. Article 212 (A) served

military and it became possible with the consultation of Judiciary to give more time to

military.

When Judiciary was bridled with Article 212 (A), a full bench of Sindh HighCourt

passed a judgment of judicial review. The confusion was again increased in the military

government It came to conclusion that judiciary‘s interference in executive matters was

horrible. It was controlled with the promulgation of a provisional constitutional order

(PCO). On 24th March 1981, judges of the Supreme, Federal Shariat and High-Courts

were called to take a new oath and instructed to work under PCO.

Chief Martial Law administrator responded by issuing the Provisional

Constitutional Order in March 1981. The judge of Supreme and High Courts were

required to take a new oath of office to uphold the PCO. It literally marginalized the

effectiveness of judiciary not only in form but also in substance PCO replaced. It banned

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all political parties and completely subordinated judiciary to the martial law

administration. The same history of 1958 was repeated. Military had made its mind to

expand the rule at any cost so it removed all the hurdles gradually. For prolonging its

tenure it changed the constitution. President Zia assumed that judiciary was going out

of his control (Burki, 1991, p. 53). He introduced the provisional Constitutional order

(PCO) to subordinate judiciary. Fifteen judges of Supreme and High-Courts refused to

take oath under PCO as consequences they were removed from their jobs. These were

Anwar-ul-Haq (Chief Justice), Durab patel, Fakhurddin G. Ibrahim, Molvi Mushtaq

Hussain, K.M Samdani, Aftab Faruk, Amir Raza Khan, Khwaja Habibullah,

KhalilRehman, Khurshid from Punjab High-Court,G.M shah, Abdul Hafeez Mamin

from

Sindh High-Court, Khuda Baksh Muree (Chief Justice) and M.A Rasheed from

Baluchistan High-Court(Rizvi, op.cit. , p.178). General Zia controlled the situations

with the help of mature and competent team. The summary of PCO was kept top secret

till its completion by Sarifuddin Pirzada. Plan was also ready if judges were not going

to take a new oath, courts would be run with the appointment of military officers

(Constable, 2011, pp. 218-220),(Talbot, op.cit. p. 257), (Milliam, op.cit. p.

78), (Civil & Criminal Law Publication, 1983, Lahore).

4.8.3 Majlis-e Shoora

Provisional constitutional order established a Federal Council (Majlis-eShoora) to be

nominated by the President. Article 4 of PCO on 11 January 1982. The president created

the Federal Council Consisting of 288 members. With the formation of his council,

General Zia was able to impose large number of decisions. The Federal Council was

accountable to president Zia alone in fact it had no representative‘s character. This

altered the basis, style and recruitment process of political leadership.

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 The establishment of this Federal Council created political constituency.

Military‘s dominance remained in political affairs. But the new members of federal

council proved a political nursery for coming elections (Huqqani, op.cit. p. 58).

4.8.4 Restoration of Democracy

Movement for Restoration of Democracy (MRD) was the combination of

twelve political parties this movement claimed in 1981 to restore the democracy. This

movement couldn‘t achieve its objectives.

The movement failed on the following accounts.

• The incident of PIA plane hi-jacking by Al-Murtza (Son of Z.A. Bhutto) an

undermined movement (Yusuf, 1999, p. 204).

• Mr. Jatoi the leading person of the movement was accused by PPP of

hobnobbing with the government.

• This movement was only on local basis.

• It was poorly planned.

• PPP kept itself at distance and without the alliance of the famous party at that

time.

• Political activities were banned strictly after the action of Al-Zulfikar

movement. These activities were encountered through different tactics,

publications were banned and harsh manners were adopted against the violators.

Intercity and Interprovincial travel of politicians was banned, and close door

meetings of Political leaders were strictly banned and some of them

were under house arrest.

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• The second way for military government was prosperity of the people. Majority

of the people settled in Middle East and Europe, foreign aid from capital bloc

from Russian intervention was also in the favor of military government. These

incidents favored military to strengthen its tenure and overcome the movement

of MRD (Zaidi, 2011, pp. 13-17).

• Military was also successful to implement the right wing group about

propagating of Islam(Bhutto, 2008, pp. 49-53).

4.8.5 Presidential Referendum 1984

When the right wing political parties and military made a plan to solve the issue of Z.A.

Bhutto, after it all the political matters would be dealed. The sentence of death for Z.A.

Bhutto kept all the political parties silent. US aid to Pakistan was also conditional on

General Zia‘s legitimacy. The US president pressurized General Zia about his

legitimacy. Military made a mind to conduct elections in the country. Before the

elections President General Zia decided to legitimize his presidency to seek the people‘s

mandate. It was decided to organize a referendum on 19 December 1984, (Referendum

order 1984, Gazette of Pakistan, Extraordinary, PI, 1 st December 1984, No. F.17(2)/84

– Pub).

In referendum voters were required to reply the questions either ―Yes‖ or

―No‖. The referendum order provided that ―Yes‖ answer would be electing General

Zia as President of Pakistan for next five years. There was given no extra explanation

or detail.

The Constitution of Pakistan 1973 provided indirect method of president‘s election in

Article 41but General Zia issued an order of President‘s order No II on December 1984.

No court, including the Supreme Court, tribunals or other authority could be called it in

175
question, or permit it to be called in question the validity of any provision of that order.

The deserted polling stations on referendum day showed turnout were 62.15% (Baxter,

op.cit. p. 114).

4.9 The Third Phase 1985-88

4.9.1 Dawn and dusk of democracy under General Zia-ul-Haq

General Elections were being held after long period of eight years on nonparty basis.

So, much interest of the people was seen. The solution of local issues of the people was

the slogan of the candidates in these non party based elections. The candidates were not

prominent personalities. Most of them were General Zia‘s selected parliamentarians

(Majlis-e-Shoora). An official Muslim League was established from elected house.

General Zia nominated Muhammad Khan Junejo as the Prime Minister of Pakistan.

Junejo was Sindhi politician, a gentleman, humble and veteran politician. He was not

famous out of his Province. He once served as the Provincial Minister in the West

Pakistan government of president Ayub Khan. After taking oath Junejo formed a

cabinet which included five members of General Zia‘s cabinet out of 13 (Hamid, 1999,

p. 207).

4.9.2 Revival of Constitutional Order 1985

The constitution of Pakistan 1973 was restored in 1985 with the Revival of

Constitutional Order 1985 (RCO), it was mentioned that National assembly would

amend the constitution in the favor of General Zia. In October, assembly passed the 8 th

amendment and martial law was uplifted (PLD 1986 status, P-13). RCO provided a

strong president and National Security Council (NSC) was introduced. Military was

given powers in emergency. General Zia decided to form a national security council

(NSC) with the proclamation of Article 232 of the constitution of Pakistan 1973;

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National Security matters were dealt by this committee. President could consult with

the Prime Minister. It consisted of 11 members, President, Prime Minister, Chairman

of Senate, Chairman Joint Chiefs of Staff Committee, Chief of Army, Navy and Air

Force. Military was given the right for direct intervention in national affairs. Military

Officers were in majority to veto the decisions of the committee. This decision of

General Zia made the political institutions very poor. President was the appointing

authority and it made the President so powerful (Revival of the constitution 1973 order

No. 14, 1985 Article 152-A (1) & (2)). A quasi parliamentary form of government was

introduced by him.

General Zia relied on his military officers in civil jobs mostly military officers were

appointed. Federal and Provincial seats were filled with either present or retired military

officers. Public or Semi Public seats were filled by them ten percent quota was fixed in

Central Superior Services for military, District Management Group

(DMG), Foreign Service of Pakistan (FSP) were filled with the majority of military in

Zia era. A number of materialistic benefits were provided in awarding house, shops and

settled in foreign countries.

Like other military rulers General Zia also weakened the political system, he introduced

a strong presidential form of government. To implement his mental approach he

changed the constitution of Pakistan 1973, with the consultation of his private members

and top bureaucracy (Baxter and Kennedy, 1998, pp. 61-65).General Zia issued the

revival of the constitutional order (RCO) it amended the 57 articles, added 6 and deleted

2 Articles from constitution of Pakistan 1973 in 1985 and chapter 3-A of part vii about

shariat Court was already added in 1979. A paralyzed parliamentary form of

government let to remain to protect the powers of the PresidentAll the hi-profile

appointments were in the hands of the President of

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Pakistan General Zia, dissolving the assemblies with 58 (2)(B), insertion of Article 270-

A about to validating the marital law including the military courts with direct

referendum president was allowed to remain in uniform as Chief of Army Staff

(Waseem, 1987, pp. 54-58).

4.9.3 Council of Islamic Ideology

The Council of Islamic ideology was established to set the political system of Pakistan

on Islamic principles it submitted its report in April 1982 it recommended the separate

electorate system, universal adult franchise, and it strongly recommended the

parliamentary form of Government (The Muslim, 17 July 1982). President sent it back

for reconsideration when it was submitted again. It was recommended with sanctions

on political parties (Council of Islamic Ideology, Constitutional recommendations for

the Islamic system of government, Islamabad, 1983).

4.9.4 A Federal Council Committee

A Federal Council Committee also recommended changing the constitution according

to the situation. It also supported the right of the political parties but unfortunately the

ruling Generals accept the report only to amend the constitution and remaining

recommendations were rejected (Federal Council Islamabad, 1983). An

Ansari report was also not accommodated by the president which was submitted in 1982

(Ansari report on form of Government Islamabad Printing Corporation Pakistan Press,

1983). President Zia-ul-Haq wanted to remain in power at any cost. His colleagues also

had same opinion about it. President Zia unfolded his plan gradually.

He introduced the ‗local bodies‘ elections on non political party basis. He took

undertaking that power would be transferred if he would be elected as President

(Waseem, op.cit. pp. 3-10).

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4.9.5 Constitution of Pakistan 1973 and 8 th amendment with Prime Minister Junejo

The 8th amendment balanced the powers of the prime minister and the

president of Pakistan. The most effective powers of the President were to dissolve the

assemblies without any consultation, the appointment of Army and Naval Chief,

Admiral and Provincial Governors, powers were also assumed to the President. This

amendment validated the military coup of 1977 and President could hold the office of

Chief of Army Staff (Article 66, Constitution of Pakistan 1973).

Junejo attempted to control military like Bhutto but could not succeed (Hussain, 2013,

pp. 83-86). He insisted on the retirement of General K.M. Arif who was Vice Chief of

Army Staff and General Rahim Khan who was Chairman Joint Chief of Staff

Committee(JCSC) (relative of Zia) upon completion of three year tenure.The National

Assembly demonstrated its political will by electing Fakhar

Imam as its Speaker against General Zia-ul-Haq‘s candidate.Martial law was still

imposed in the country and Junejo Promised to lift it. The National Assembly and

Senate passed resolution demanding removal of marital law. Three provincial

assemblies (NWFP, Sindh, and Punjab) passed the bills against the martial law and

Junejo announced the end of martial law on December 30, 1985.General Zia -ul-Haq

introduced 8th amendment in 1973 constitution after the withdrawal of Martial law. It

enhanced the power of President and created balance of Power between the Prime

Minister and the President. According to it, the President could dismiss the Prime

Minister as well as dissolve the assemblies. However, Parliament could make some

changes in the original draft of 8 th amendment. For example, it removed a proposal,

which gave the representation to the military in policy making. The National Assembly

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was allowed to elect the Prime Minister from March 1990 and the provincial assemblies

could elect their Chief Minister from March 1988. The

President could appoint provincial governors with the advice of the Prime

Minister.General Zia saved himself by nominating a peasant and a gentleman Prime

Minister. General Zia never transferred the power to the civilian leaders but it was just

an eye wash. A shared formula of military and politicians evolved the relationship of

client and patron. General Zia considered that his handmade parliament would work

according to his own will. But it proved an unnatural alliance (Ali, 1997, p. 215). After

taking oath Junejo announced on very next day that he would reinstall the pure

democracy on political party basis. He encouraged the political parties to reunite

themselves. Junejo did not feel well under the supremacy of Zia. But following events

unabridged the alliance of General Zia and Junejo. Junejo exclaimed that he would put

the Generals in SUZUKIS (Small Cars). It was an unpleasant for the Generals. The life

style of the Generals was discussed in Media. A series of anti-military debates started

which was not in the favor of military.Junejo started to make many decisions without

consulting General Zia-ul-Haq. General Zia-ul-Haq appointed Director of Intelligence

Bureau (IB) Major General Agha Naik Muhammad was replaced by Junejo, without

consulting General Zia-ul-Haq by Aslam Hayat, a civilian, after his successful visit to

America. He also removed Dr. Mahbobul Haq, Dr. Asad and Dr. Attiya Anyatullah

from cabinet positions who had been appointed by General Zia-ul-Haq. Junejo

appointed Yasin Watto a former PPP leader as Finance Minister. Junejo also started

interference in military affairs and refused to extend the tenure of General Zia-ul-Haq‘s

close associates General K.M. Arif and General

Rahim-ud-Din and played key role in the selection of General Mirza Aslam Beg as

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Vice COAS. He removed General Sahibzada Yaqoob as Foreign Minister and appointed
Zain Norani as Minister of Foreign affairs and General Majeed Malik as

Chairman of Public Account Committee of Parliament. He ordered the Federal Anti

Corruption Committee to check the corruption in civil services and armed forces

(Lamb, 1991, pp. 58-63).

4.9.6 Geneva Accord

An agreement on Afghan peace process was signed under the supervision of UN

representatives. General Zia wanted to hold the dialogues till the permanent solution of

Afghanistan. Junejo held a meeting with the political parties including PPP for

consensus, parties favored the early settlement. All the political parties wanted

unattachment of Pakistan from Afghan issue as soon as possible. Benazir Bhutto

(daughter of Z.A.Bhutto) participated in this meeting with the condition if Zia would

not come, it was accepted by Junejo. The domestic support and the encouragement of

US emboldened Junejo to sign on peace accord on Afghanistan on 14 th April 1988. After

coming back from US P.M.Junejo‘s intentions were totally against military. It annoyed

General Zia and there was total misunderstanding between civil and military authorities

(Lamb, 1991, pp. 223-227).

4.9.7 Explosion in Ojhri Camp

On 10th April 1988 an explosion blew the depot of ammunition at Ojhri Camp. It was

the heavy loss of life and property. Pakistan army was criticized all over the world. The

Prime Minister of Pakistan adopted harsh manners against it. He exclaimed that

concerned authorities would face the music. The two hi-profile military officers

(General Hamid Gull and General Akhtar Abdul Rehman) were expected to face the

music. President Zia wanted to protect them at any cost. These were the major reasons

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which set the stage for General Zia and P.M. Junejo (Wall Street Journal, February 16,

1988), (The missing millions, for Eastern Economic

Review, 5th March, 1987).

4.9.8 Dissolution of the Assemblies

The above mentioned activities of P.M. Junejo threatened President Zia. The interests

of the military were going towards the brink. President Zia wanted to k eep himself in

power with the help of his colleagues. He preferred military and ignored the political

setup. He came to the conclusion that civil government was ignoring his advice and

interests of the military. So, in this context on 29 th May 1988, he dismissed the civilian

government. General Zia exclaimed ―The armed forces of Pakistan are responsible for

not only safeguarding the country‘s territorial integrity but also its ideological basis‖

(The Muslim, 14 March 1984). It was not clear which was the

benefit of the ideology in dissolving the parliament.

General K.M Arif used such words that military of Pakistan had right to intervene in

domestic politics. General Zia also mentioned that constitutional provision allowed

military commanders to take over the reins of the state in emergency (Defense journal

(Karachi) vol. viii, No. 12, 1982, PP-35-38).

It shows that military was not sincere about civil setup. It wanted its own hegemony at

any cost. The same month a Gallup poll recommended P.M. Junejo an honest person.

He worked for the pure democracy in Pakistan but was not allowed.

General Zia made speech on TV that present government failed to introduce the Islamic

reforms and elevate the poverty(Toor, 1994, p.199). Insurgency and starvation

increasing were discussed. With the removal of present government, promise was made

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about the new elections in six months. Political parties welcomed the dissolution and

demanded new elections on party basis which was rejected byGeneral Zia-ul-Haq in

last elections. Junejo was from Muslim League (Pagaro group) now it was disliked by

General Zia. He wanted to win his cronies. He had lost his options after dissolving the

assemblies. He considered restoring the assemblies through judiciary. He was also

considered to become the Ameer-ul-Mominin of the Islamic republic of Pakistan but

his luck stopped to favor him more. On the other hand Junejo didn‘t challenge his

dismissal and he silently went home. After the death of president Zia, Supreme Court

decision came that General Zia‘s non party elections and dissolving of the Assemblies

were illegal (Toor, 1994, p.202),(Hussain, 1990, pp.

241-249).

4.10 General Zia’s Local Government System

Basic democracies couldn‘t achieve its objectives in president Ayub era. After

president Ayub this local system was completely freeze in General Yahya‘s Period.

After the debacle of Dhaka, P.M. Bhutto took the power. Bhutto converted the political

system on the local basis. But he couldn‘t politicize the people in perfect manners. A

lot of Policies of Bhutto were failed one of them was local government. He couldn‘t

conduct the local elections in his tenure (Islam,2004,pp.38-43), (Badar, 1987. p. 134).

President Zia took the power, he was soldiers and his mind was to eliminate the political

parties and to introduce the new system on ideological basis. He had some objectives

in his mind which could be fulfilled only in this way. First, legitimization of his rule,

second, divided the people on federal, provincial and local basis. Third, constitution of

Pakistan 1973 was in abeyance and he wanted to keep the people busy in local elections

and no one would claim about its (constitution) revival.

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It was more interesting that ‗local bodies‘ elections were conducted on their perfect

time in 1979, 1983, and 1987 but general elections were conducted in 1985 on nonparty

based after 8 years for first time and never allowed the parliament to work more than

three years. It was preplanned to introduce the local bodies‘ elections on non political

party basis. It was the same planning of General Zia as like of British in this region

before the partition to prolong its tenure of ruling with ‗divide and rule‘, policy. General

Zia divided the people on rural and urban basis. He adopted the same policy of president

Ayub when in elections president Ayub was rejected by East Pakistan he ignored it in

all fields of life. Urban areas disliked Bhutto and he was liked in rural areas. So, General

Zia promoted the urban areas (Anti-Bhutto) and ignored the rural areas (Pro-Bhutto).

On other hand political influence was more in rural areas (Baxter, 1985, pp. 111-119).

General Zia was against this trend.He chalked out his plan with slogan of welfare of the

people (Badar, op.cit. p. 132). Political parties were banned. It was the single way to

link with the people in the manners to legitimize him. He conducted the local elections

on non-party basis. As after twenty years the local system was again implemented. For

implementing this system round about nine ordinances were issued (Chaudhary, 2003,

p. 202). ―In 1979 the induction of 17737 elected councilors in 84 district councils,

4100, Union Councils, 12

Municipal Corporations; 117, Municipal Committees, 285 Town Committees & 39

Cantonment Boards, all over the country with a mandate to develop the potential of

their respective areas and solve day to day problems of their communities is a

manifestation of this realization‖(Bukhari, 1985, p. 47),(Rizvi,1980,pp.219-226).

The total system was derived from Z.A. Bhutto‘s local government ordinance.

It was issued with the name of ‗Local Government Ordinance 1979‘ (Haq, 1992, pp.

14-15). This ordinance was also implemented in Kashmir & Federal Government
184
(Siddiqi, 1992, p. 107).
4.10.1 Kinds of Local Institutions

• Union Councils

• District Councils

• Tehsil Councils (These were established in Sindh & Baluchistan but in 1982

were abolished.)

• Town Committees.

• Municipal Corporations (For Cities)

• Metropolitan Corporation (For big cities it was only one in Karachi) (Badar,

op.cit. p. 140). Every Province, Federal, Territorial & Kashmir areas had

different names of this local government ordinance like.

• Punjab local government ordinance 1979.

• Sindh local government ordinance 1979.

• Baluchistan local government ordinance 1979.

• Federal Territorial local government ordinance 1979.

• Independent Kashmir local government ordinance 1979.

4.10.2 Punjab Local Government Ordinance 1979

Under this ordinance Municipal Corporation, Municipal Committees, Town

Committees, District and Union Councils were established for the remote control areas.

185
4.10.3 Sindh Local Government Ordinance 1979

Metropolitan, Municipal Corporations, Municipal and Town Committees for the cities,

Union and District Councils dealt with the remote control areas. The same method was

adopted in Baluchistan and NWFP (Siddiqi, op.cit. p. 107).

The total strength of these institutions was as:

Teshil Councils were established only in Baluchistan (Akhtar, 2002, p. 70). In

some Provinces Panchiat (Jirga) system was implemented on the local Community and

village basis. This panchiat (Jirga) had powers to deal with the social and religious

matters. Police was bound to own their decisions (Chaudhary, 1994, p. 210).

The tenure of this local government was four years (Chaudhary, 1988, p. 100).

186
 Table-2
4.10.4 Structure of Local Government in Pakistan

Badar-ul-Zaman, Local governments and Institutions, Maktaba Fareedi, Karachi, 1987.P. 143.
164
4.10.5 Rural& Urban Local Government Institutions

4.10.5.1 Union councils

Rural matters were dealt by the Union Councils. It consisted on eight to ten villages with

the population of 15000 to 25000. The numbers of members were different of Union

Councils in every Province. The Chairman and Vice Chairman were appointed by the

members of the Union Councils (Siddiqi, op.cit. p. 111).

4.10.5.2 Tehsil councils

According to the ordinance 1979, the provinces were given the powers to establish Tehsil

Councils. Tehsil Councils were established only in Sindh and Baluchistan. These were

abolished from Punjab with the amendment in Punjab ordinance local government 1979.

4.10.5.3 District councils

District Council was the biggest council of local setup. Chairman and Vice Chairman of

the District Council were also appointed by its members. It was the first time that non-

governmental officers were appointed to run the administration of the

district (Ibid. p. 111).

4.10.5.4 Metropolitan corporation

According to the local government 1979, Metropolitan Corporation was

established only in Karachi (Sindh) total members of this corporation were 150 with the

population of 2500000. Its head was called Mair and Deputy Mair. Municipal Corporation

was established only in Metropolitan cities. Special quota of woman, farmers, Labors and

minorities was increased from 5% to 10% with an amendment in Local Government

Ordinance in 1983.
189
4.10.5.5 Municipal and Town Committees

Municipal committees dealt with those areas which had the population from 30 thousand

to 5 lac. (Punjab Local Government Ordinance, 1979, A-11(c)) The areas which have the

population from 10 to 15 thousand were dealt by the Town Committees (Local

Government Ordinance, 1979, A-11(1)).

4.10.5.6 Cantonment Boards

Cantonment Boards were established under the federal government and it consisted of 5

to 25 members. There were two categories of these members. First was elected and second

was selected (Shahid,1980,p. 155). Cantonment Board was dealt by the Commander. This

was selective body. The assistant was elected and it was the administrative structure of this

Cantonment Board.

4.10.6 The duties of thelocal governmental institutions

This structure was setup to facilitate the people on their door steps. The functions and duties

of these institutions were as under.

4.10.6.1 Union Councils

Union Councils had three kinds of duties like Municipality, developmental and welfare.

27 Municipal and 8 welfare duties were assigned to them. Look after the streets, bridges,

sanitations, Health and Cleaning, to take care the outdated and Okaf buildings.

Agricultural, Industrial and other relevant programs were launched by the Union Councils

(Siddiqi, op.cit. p. 111).

190
4.10.6.2 District Councils

District Councils had two major duties to construct the roads, bridges and public buildings.

Care taking the Hospitals,Schools and Colleges (Local Government Ordinance,

1979, A-40 Schedule (ii)).

4.10.6.3 Metropolitan Corporation

Metropolitan was functional only in Karachi. It had two types of duties, first compulsory

second elective. Some of them were as:

• To create the welfare opportunities.

• To produce the health and care facilities.

• To maintain the death & birth record.

• Create the educational facilities.

• The arrangement of lighting and libraries for the citizens (Siddiqi, op.cit. p. 117).

4.10.7 Elections

The terms and conditions were already defined in the ordinance so the voters must

have such qualities.

• The resident of Union Council.

• Name in the voters list.

• Must not have unsound mind.

• The citizen of Pakistan.

• Must not involve in heinous crimes.

• Not bankrupt (Punjab Local Government Ordinance, 1979, A-13,18,19).

191
4.10.8 Fiscal system

Finance department was very important in local government. This government had

complete right on the income of its localities. Finance clauses were included in the local

government ordinances. Income sources of this system were as under:

• Tax levies.

• Income from various new schemes.

• Funds from federal government.

A perfect annual budget was made and annual 85% property tax was received by this local

government (Siddiqi, op.cit. pp. 129-130). A separate tax list for rural and city area was

issued. Tool plazas were established on the roads and fee was imposed for carrying the

goods from one city to another (Local Government Ordinance, 1979, A- 137, Schedule

2(ii)). Government controller authority was not made for it, it was independent (Siddiqi,

op.cit. p. 112).

Provincial government could check the progress of local government, ‗Divisional Co-

Ordination Committees‘ were made under the supervision of the commissioner to

supervise the work of the local government (Ibid. p. 135).

4.10.9 Miscellaneous

Provincial election authorities were established according to the local government

ordinance 1979 in every province. A separate electoral system was introduced on

nonpolitical party basis (Nawa-e-Wakat, 30 March, 2001).

First elections were conducted in 1979. Second in 1983 but political parties hegemony was

seen in this election. Third elections were conducted in 1987.The basic function of these
192
elections was to keep the people busy on local basis and military to remain in power for

long time on national basis (Ibid).

President General Zia-ul-Haq was so powerful dictator but legitimacy was also an issue

for him. So, he used to adopt some manners for prolonging his period (Alvi, 2000, p. 106).

President Zia introduced the ‗Islamic political system‘. He was successful in maintaining

his hegemony with the help of this system to exclude the political parties.

PresidentAyub introduced a strong central government with the help of local bodies but

President Zia transferred the powers on local basis. He promoted the provinces. Local

government was very powerful to impose tax and could collect revenues(Chaudhary,

op.cit. p. 214). Public officers had no power to remove them. Local community was

powerful. This experience was better than basic democracies. Problems of the local

community were solved on priority basis (Badar, op.cit. pp. 166-167).

This local government solved the problems of the people on their doors but caste system,

sectarianism, color and creed system became strong with this system. Military gained its

objectives with non-party based elections but national thinking was dispersed (Kareem,

1989, p. 343). People were deprived of national thinking and national leadership. Multi-

cultural, and multi- lingual system was introduced. Political awareness was snatched and

military used people to gain its objectives (Chaudhary, op.cit. p. 215).

―Military rulers always remained keen to create representative institutions on

local level but no expected results of mass representation could be achieved. Because the

frame works of devolution of power couldn‘t devolve powers to the people, rather they

were the means to share powers with the elite and influential groups at the local level. The

193
basic democracy of president Ayub Khan and local bodies of General Zia-ul-Haq could not

properly envisage executive authorities and financial liberalism. Furthermore, the local

bodies institution were used to legitimize the military regimes and given them a political

and democratic cover‖(Hussain, 2004, p. 364). Zia covered himself with this local system

but his luck could not support him more and died in an air crash on 17 th

August 1988.This hybrid system was delivered to the coming government in the shape of

‗Troika‘.

194
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199
5.1Introduction

After the death of General Zia-ul-Haq, a paralyzed (troika) democratic system was

introduced. This system envisaged the fourth martial law.Prime minister of Pakistan Mian

Mohammad Nawaz Sharif replaced chief of army staff General Jahangir Karamt, when he

claimed about the national Security Council (an idea was given by the president of Pakistan

Farooq Ahmad Khan Lughari). P.M.Nawaz Sharifrehabilitated the status of prime minister

with 13th amendment in the constitution of Pakistan. The controversy between the prime

minister and the chief justice leading to the resignation of the chief justice, the electing of

the new president, all these activities made the prime minister bold. Prime minister passed

a bill from the parliament to be called himself an ameer-ulmomineen (commander of

faithful) this ameer-ul-momineen could not be removed from his post till his death.(Article

2(B), the constitution of Pakistan 1973).

These activities were carried on; in the meanwhile Prime minister of Pakistan

invited the Indian Prime Minister Attal Bahari Vajpai for establishing the cooperative

relationship between states. This practice was disliked not only by the army but also by the

right wing political parties of Pakistan.

Civil government was busy in itsworks. The kargil (disputed area between India

and Pakistan) episode started. Pakistan military occupiedkargil sector. US president put

pressure on the Pakistani Prime minister to call back the forces. Government claimed

unawareness about the military activities but military replied that all the activities were

carried on with the consultation of Prime minister(Musharrf,2006,pp,86 -98),

(Khalid,2013,p.238),(khan,2013,pp.306-321). Government made its mind to take action

200
about the relevant officers of kargil issue through on enquiry. It was so horrible for the

military (like the ojhri camp incident in Zia era). Prime Minister Nawaz Sharif wanted to

appoint a new chief of army staff General Zia-ul-Din Butt (DG-ISI) after removing General

Pervez Musharraf (key player of kargil episode). Tussle was carried on between the prime

minister and the military, chief minister of Punjab Mian Mohammad Shahbaz

Sharif(brother of prime minister Mian Nawaz Sharif) and federal Minister Nisar Ali Khan

tried their best to bridge up the differences but all in vain.

Chief of army staff General Pervez Musharraf was on official visit to Sri Lanka

when prime minister tried to replace him. On October 12, 1999 Chief of the Army Staff

General Pervez Musharraf was scheduled to return from Colombo after an official visit to

Sri Lanka. PIA flight Pk-805 was about to land at Quaid-e-Azam international Airport

Karachi. The estimated time of arrival of this fight was 18:55 hours. The plane could not

land as the air traffic controller refused to landing anywhere in Pakistan; Prime Minister

Nawaz Sharif was busy in insidious conspiracies against the Army (Karachipage.com). His

government wanted to arrest Chief of the Army Staff General Pervez Musharraf after

diverting the PIA flight from Colombo to Karachi.

The nervous conspirators instructed Shahid Khaqan Abbasi Chairman of PIA to

ensure that the flight carrying General Musharraf would not land at Karachi. When the PIA

plane reached Karachi and told the control tower that it was short of fuel, the Civil Aviation

Authority personnel directed the pilot to take it to any neighboring country.

The corps commander Lieutenant General Mustafa Usmani, who was at the airport to

receive the Army Chief under a contingency made a plan for army. The situation arising

out of the sacking of the army Chief, the troops of 5 corps reserve arrived ‗at Jinnah
201
Terminal of Karachi Airport‘ (Ibid). Meanwhile, General Pervez Musharraf landed; he

sacked Nawaz Sharif, and assumed control of the country. Army Chief General Pervez

Musharraf overthrew the Civilian Government of Mian Nawaz

Sharif in a ―bloodless coup on 12 th October 1999, and became the state‘s fourth military

ruler to control political power in Pakistan‖ (Cheema, 2002, pp, 151-153).

Karachi greeted the ousted of Nawaz Sharif, he was blamed by MQM for

persecution, Sharif was called cruel & Fascist ruler. He was declared an authoritarian ruler

like Bhutto. The most significant was a grand alliance against Pakistan Muslim League‘s

authoritarian mind. This was the multiparty alliance of political & religious based including

PPP, MQM, Movement of Justice by Imran Khan; this alliance welcomed the dismissal of

Nawaz‘s government. A meeting was held under the supervision of Nawab Zada Nasrullah

Khan, a unanimous decision came that the Nawaz government paralyzed all the institutions

and it was hoped that Musharraf‘s government would rearrange for perfection &

rehabilitation of democracy (caps.af/strategic analysis3doc).

Jamate-Islami was also not on back foot to criticize the Nawaz government, it also

welcomed the military as usual but it disliked imposing of emergency, demanded the

implementation of pure Islam as usual.

Army always came in Pakistan with political instability & economic crisis; it was

the common practice all over the third world states.But the situation in 1999 was totally

unexpected, a tussle between the government & the military, with removing the Chief of

Army Staff an institutional response came and military intervened and suspended all the

political institutions (Belokrinitsky, Moskalenko, 2013: PP 370-371).

202
5.2 First Address of General Pervaz Musharraf to the Nation

After completing all the essential matters General Musharraf addressed the Nation

on 14 October 1999: ―My dear countrymen the political & economic situation of Pakistan

was much poor. Federation was going towards the disintegration. The credibility of the

institutions lost & the economy was crumbling‖.

He further mentioned that Pakistan had no pure democracy, it had shamed

democratic era, a new era of democracy would be started. Constitution of Pakistan as well

as the Parliament, Senate & Provincial Assemblies was suspended. Its example was given

by him that the Nation was like a body and constitution was like a limb. If limb was cut

body could be saved and if body was wasted limb had no importance, so, constitution was

for the Nation & Nation was not for the constitution. He exclaimed that he saved the nation

from disintegration.

He mentioned that in past governments ruled over the people but now the governments

would serve the people.

• Establishment of National Security Council.

• Revival of economy.

• Accountability.

• Carry on the foreign policy of ex-government.

He said that wrong polices being pursued by the Nawaz Sharif government had

jolted the very foundation of the country. P.M. Nawaz‘s government tried to interfere with

the armed forces, the last remaining viable institutions in which the nation take so much

203
pride and took tip to at all times for stability, unity and integrity of our beloved

country(emergency.com: 1999). He further stated that he had wished to inform you that

the armed forces had moved in as a last resort to prevent any further destabilization.

Military had done so with all security, loyalty and selfishness devotion to the country with

armed forces firmly behind him. For the moment he only wished to assure the nation that

situation in the country was perfectly calm, stable and under control (sketch from first

address to the Nation on 14 October1999).

5.3 The Imposition of Emergency

After taking over the charge, General Pervez Musharraf imposed emergency,

Instead of martial law, he proclaimed emergency on October 14, 1999 (Dawn.com 14

October, 1999). The proclamation of emergency order declared that: ―The Constitution

of the Islamic Republic of Pakistan shall remain in abeyance. The President of Pakistan

shall continue in office, The National Assembly, The Provincial Assemblies and Senate

shall stand suspended. The Chairman and Deputy Chairman of the Senate, the Speaker and

Deputy Speaker of the National Assembly and the Provincial Assemblies shall stand

suspended, The Prime Minister, the Federal Ministers. Ministers of State, Advisors to the

Prime Minister, Parliamentary Secretaries, the Provincial Governor, Provincial Minister

and the Advisors to the chief Minister shall cease to hold office. The whole Pakistan will

come under the control of the Armed forces‖ (Dawn, October 15, 1999).

5.4 Provisional Constitutional Order of October, 1999

After the imposition of emergency, the Army Chief General Pervez Musharraf

suspended the Constitution to the extent of its impact on the military action and issued the

204
Provisional Constitutional Order on October 15, 1999. All these steps were taken to fill the

constitutional gap. General Pervez Musharraf adopted for him the designation of Chief

Executive because he had filled the gap left by Prime Minister who was also chief executive

of the country. The main points of provisional constitutional order of 1999 were as under:

• This Order might be called Provisional Constitution Order No. 1 of 1999; it was

extended to the whole of Pakistan and came into force at once.

• Notwithstanding the abeyance of the provisions of the Constitution of the Islamic

Republic of Pakistan. Hereinafter these were referred to as the Constitution.

Pakistan was the subject to this order and any other order made by the Chief

Executive is governed as nearly as might be in accordance with the Constitution.

• Subject as aforesaid all courts in existence immediately before the Commencement

of this Order were continue to function and for exercising their respective power

and jurisdiction Provided that the Supreme Court or High Courts and any other

court had no power to make any order against the Chief Executive or any person

exercising powers or jurisdiction under his authority.

• The Fundamental rights conferred by chapter I of Part II of the Constitution, Not in

conflict with Proclamation of Emergency or any Order made there under from time

to time should be continue in force.

• Under the provisional constitutional order of 1999 the President and provincial

Governors could act on, and in accordance with the advice and instructions of the

Chief Executive.

205
• No court, tribunal or other authority could call or permit to be called in question the

Proclamation of Emergency of 14 th day of October, 1999 or any order made in

pursuance thereof.

• No judgment, decree, writ order or process whatsoever would be made or issued by

any court or tribunal against the Chief Executive or any authority designated by the

Chief Executive.

• The Proclamation of Emergency issued on 28 th day of May 1998, would be

continued but subject to the provisions of Proclamation of Emergency dated 14 th

day of October 1999 and this Provisional Constitutional Order and any other

Order made there under (Dawn.com – October 15, 1999).

5.5 Six Point Agenda of General Musharraf

In his policy address to the nation on October 17,1999 General Pervez Musharraf

announced his seven point agenda which signified that Pakistan would be a progressive,

modern and moderate Islamic state, poised to take its place amongst the developed nations

or the world, the country‘s development not exclusively in the economic sense, but rather

in a more holistic manner to include social, cultural and political dimensions, Pakistan to

grow in terms of national unity and social cohesion; democracy and political stability;

social justice, quality of life, national morale and pride was proclaimed(jones,2002,pp,269-

271). His Agenda consisted of seven points:

1. Re-build national confidence and moral.

2. Strengthen the federation. Remove inter-provincial disharmony and restore

national cohesion.

206
3. Revival of the economy and restore investor‘s confidence.

4. Ensure law and order and dispense speedy justice.

5. Depoliticize the state institutions.

6. Devolution of power to the gross root level.

It was basically the views which carried out and crystallized by General Pervez Musharraf

about the future course to be adopted in Pakistan. The key objective of his agenda was to

bring the country out of socio-economic and moral chaos (Frontier post,

October 15, 1999).

5.6 National Security Council

A National Security Council was announced by Chief Executive in his fist address

to the nation on October 17, 1999. The National Security Council was the consultative

body which headed by Chief Executive General Pervez Musharraf and comprising six other

members i.e. ―Chief of the Naval Staff, Chief of Air Staff, a specialist each in legal,

finance, foreign policy and domestic affairs. A national think tank would assist the

National Security Council‖(Pakspctor.com). Its basic function was to guide the workers in
running the affairs of the state. Later on, National Security Council took practical shape on
6th November, 1999. President Rafiq Tarar administered oath of its members at the Awan-
I-Sadr in Islamabad (Dawn October 18, 1999). General Pervez Musharraf the head and the
members of the NSC these were as:
1. Air Marshal Mehdi Qureshi (Chief of Air
Staff)
(Chief of Navy
2. Admiral Abdul Aziz Mirza
Staff)
Dr. Din Muhammad (Ex Governor of
3. Yaqoob. SBP)
4. Dr. Attiya Inayatullah (Associate of UN activities at very
senior level

207
 & Minister in Zia‘s cabinet)
(A retired cabinet sectary in
5. Imtiaz Sahibzada
1996-1997)
(Senior Advisor to C.E. and Ex
6. Sharif-ul-Din Prizada
Official
Member of NSC of Zia)

7. Aziz A. Munshi (Attorney General)

5.7 Packing of the Ex Prime Minister

Prime Minister Nawaz Sharif was kept under the house arrest. In December 2000,

as a result of an agreement signed between General Pervez Musharraf‘s government and

Nawaz Sharif the ex P.M. was exiled to Saudi Arabia, along with his family members

(Dawn.com). Saudi-Arabia took serious efforts to save Nawaz Sharif, Hussain Nawaz (son

of Nawaz Sharif) also requested the prime minister of India Atal Bahari Vajpai to

save his father this practice was disliked by the masses of

Pakistan(Strategicanalysis.com),(Talbot,2005,p.381).

5.8 Doctrine of Necessity

Pakistan Muslim League filed a suit in the supreme court of Pakistan and

challenging the military coup on November22, 1999. The petition was filed by the 12

persons including the former speaker of National Assembly, chairman senate Elahi Baksh

Sumroo, Raja Zafar-ul-Haq a PML (N) leader. On May 12, 2000 court justified it under

the ‗Doctrine of Necessity‘; further court gave three years to the military to restore the

democracy in the country (ciaonet.com).

Military government amended the Anti-terrorism Act of 1997, under this

amendment anti-terrorist courts could hear the cases under several additional

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 sections of Pakistan penal code(PPC), criminal conspiracy& hijacking was

brought under it. Court was also authorized to award the death sentence. Charge

sheet was filed against Nawaz Sharif with the objections of attempt to murder,

hijacking, kidnapping and criminal conspiracy. Accountability court sentenced

Nawaz Sharif to 14 years imprisonment and barred him from holding public office

for 21 years (Human Rights Watch Report on

Pakistan, 2001),(Ciaonet.Org/ sa-Jan 01 Kus 01.html), (Warriach, 2007, pp, 57-60).

5.9 Devolution Plan (2000)

General Pervez Musharraf was under tremendous international pressure about the

restoration of democracy especially from SAARC & commonwealth. Before the arrival of

two days of US president Clinton on March 23, 2000, General Pervez Musharraf addressed

that Democracy in Pakistan would be rehabilitated in the end of this year .Military

government came out with fairly detailed proposals regarding a new system and structure

for local bodies on March 23, 2000. That was aimed at transfer of administrative and

financial powers to the local Governments. The devolution Plan, envisioned building the

genuine democratic institutions, to empower the people at the grassroots level, that system

allowed public participation in the decision making and ensured the provision of speedy

justice. Under this system the elections were held on non-party base (National

reconstruction Bureau, 2000). The vote age was reduced to 18 years from the previous 21,

while fifty percent seats were reserved for women in union council and joint electorates

were proposed for minorities in order to address long-standing demands and rights from

women and minorities. Fresh voter lists were in the process of preparation by the National

Database and Registration Authority (NADARA) on the basis of the 1998 census. The
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system provided a three-tier structure of local Government bodies these were the District

Government, the Tehsil Government, and union council (Dawn, March, and April 24,

2002). After 9/11 when the sanctions were removed from Pakistan, the aid was conditional

to restore the democracy in Pakistan (Rizvi, 2009, pp.32-35). So Musharraf made this plan

speedy like General Zia to legitimize himself before the world.

5.9.1 District Government or the District Assembly

Under this plan the district government included, the Zila Nazim and Naib Zila

Nazim, the Zila council and district administration. The Naib Nazim was the speaker of the

council and the Zila Nazim was not its member. The Zila Nazim was the Executive head

of the district and the administration and the police was responsible to him.

Therefore, each union had one representative in the Zila council and thirty three percent

seats were reserved for women, five percent for workers or peasants and five percent for

minorities. All the union councilors of the district were the members of Electoral College

for these reserved seats. The union councilors of the district elected their Zila Nazim and

Naib Zila Nazim as joint candidates. The Zila Nazim and Naib Zila Nazim had academic

qualification of at least matriculation or secondary school certificate (Islam, 2011, pp,

3546). The Zila Nazim was bound to provide political leadership for the development of

the district. The district assembly‘s legislation powers were to levy taxes made rules and

regulation and to prepare district budget.

5.9.2 District Nazim

Under the devolution plan the District Nazim was the Head of district administration

and as such a highly important person in the district and was responsible for all the sectors

210
of a district He was also responsible to develop a vision for the development work to be

carried out in the villages. Thus the District Nazims were provided the necessary leadership

for the execution of development projects of the private sector civil and the local institutions

(Dawn.com, 26 April, 2002).

5.9.3 City District

The program of local government was given an outline of raising the government

structure at the district levels which had been introduced in Pakistan for the first time. The

city District was comprised on a number of towns divided on the basis of population and

having characteristics of an urban area. The newly formed towns of the city district had

powers and authority to perform municipal functions and provided facilities to the residents

of the area (Shahid, 2011, p. 334).

5.9.3.1 District Police

In the new local government‘s bodies, the law and order was the responsibility of

the provincial government, the district Nazim was empowered to select the head or the

district police from a panel and the appointment of the head of the police was confirmed

by the district Assembly. The head of the police was performing his duties under the

supervision of District Nazim due to which the police department highly politicized. The

performance of the police official was monitored by the citizen community boards, the

unions, Thana. Tehsil and District police safety and justice committees could take action

or removed of the district police chief or any of his subordinated it could be initiated by the

District Nazim on the recommendation of the district police safety and justice committee.

However, the action against the district police could be effective only of approved by 2/3

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majority of the district assembly The Annual Confidential Reports (ACRs) of capital police

officers (CPO‘s) were written by District Nazims.

The colonial power centers of the Deputy Commissioners (DCs) were abolished. In this

system, new post of district co-ordination officer (DCO) created who were answerable to

and work under district Nazims. The heads of the provincial departments of operating in

the district would also be under the committee members (CM) and report to him. The DCO

and District officers were appointed on the recommendations of the CM, subject to

rectification by a simple majority of the district assembly. (Rabbani, 2010, p. 388).

5.9.4 Tehsil Council

The Tehsil government was included the Tehsil Nazim, the Naib Tehsil Nazim, the Tehsil

council and the Tehsil administration. The Tehsil council was directly elected body

comprising Naib union Nazims of all the unions of the Tehsil. Under this arrangement, all

the union of the tehsil could get representation at the tehsil level. As the union Nazim and

Naib union Nazim could be elected on a joint tickets, both could be operating in harmony

in the interest of their union at all the three levels of the local government i.e. the union

local government, the union council, the Tehsil and the district council (

Zaidi,2011,pp,125-133).

The number of general seats in a Tehsil council would be the same as the number

of union in that tehsil. In addition 33% of the general seats were reserved for women, five

percent for workers / peasants, and five percent for minorities. The Electrol College for

elections to the reserved seats would be the union councilors of the tehsil. The tehsil Nazim

and Naib Nazim would be elected as joint candidature with the union councilors of the

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whole tehsil serving as the Electoral College. The Tehsil Nazim would be the executive

head of the tehsil government, while the Naib tehsil Nazim would act as the speaker of the

tehsil council. The tehsil Nazim and Naib Nazim had academic

qualification of at least matriculation for secondary school certificates. The tehsil office

would lead the Tehsil government. Under the Nazims were the tehsil municipal officers

(TMO) those were the coordinator officers of the Tehsil administration. There were four

tehsil officers (Tos) reporting to the TMOs, one each for

(i) Finance budget and accounts.

(ii) Municipal standards and coordination.

(iii) Land and revenue control.

(iv) Rural urban planning.

• The primary function of the tehsil government was the provision and coordination

of municipal services to both urban and rural areas across the whole tehsil.

• The second function of the tehsil government was the development through land use

control and master planning for every town and village.

• The third function of the tehsil government was to monitor the work of the tehsil

administration and district government official located in the Tehsil (Ibid: pp.

134-145).

5.9.5 Union Council

The people who were living in villages, cities and towns elected the union

councilors. The members of the union council could be elected through adult franchise.

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The union government comprised on the union Nazim and the Nab union Nazim. The total

number of seats in a union council was twenty one. It was comprised on twelve general

seats of which four (33 percent) were reserved for women. There were fixed seats for

workers and peasants, of which two were also reserved for women. In this manner out of

eighteen union councilors six were women. The remaining three seats were for the union

Nazim and Nab Nazim, and one reserved seat for minorities. Women‘s seats, even if left

uncontested and vacant, could not be held every year (Journal of law, July 2002, pp. 22-

23). The union Nazim and Naib Nazim must have academic qualification of Matric. They

directly elected union Nazim and Naib Nazim were also the members of the District council

and Tehsil councils. Every union council had three secretaries under the executive control

of the union Nazim. The union council could carry out their functions through the union

government and Monitoring Committees. As minimum there were monitoring committees

for municipal services, finance, literacy, works and service and justice. The union council

was also able to levy taxes from a specified list. It might perform the functions related to

conciliation of disputes in civil criminal and family matters (opcit: pp. 34-35).

Military launched the district government plan (August 2001) was unique

development in the history of local government in Pakistan. Local government institution

had for the first time been assigned with unprecedented powers and tremendous

responsibilities. The plan would prove its worth if the new system fulfills the expectations

of the masses in term of ensuring an efficient delivery of services at the grassroots level.

This was dependent, inter alia upon the local councils demand not only the strengthening

of the present financial status but also the exploring of additional resource. Self-reliance

and self-sustainability which was supposed to be the cardinal features of any system of

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local government was yet to be materialized in Pakistan. On account of the substantially

poor financial condition, local councils had not been able to fulfill the basic expectations

of the local population let alone the development of local infrastructure. (Guardian.com.

2001).

• One major reason as was evidence from this study, the widening gap between the

potential resources and those actually realized.

• The problem of local finance assumed many dimensions. There were examples

where despite wide taxation powers, local bodies had not utilized them full. There

was generally reluctance by the local councils to impose taxes. This reluctance was

visible in all local councils of both urban and rural areas.

• Local councils in general were confronted with an imbalance in their income and

expenditure. Despite vested with adequate taxation powers local councils had been

reluctant to make full use of these powers for reasons such as local pressure,

inelastic tax rates and defective collection machinery.

If local government in Pakistan was to play its legitimate role commensurate with

the aspirations of local population a serious effort would sustainability of local government

it would have to be addressed with the same spirit and enthusiasm with the devolution of

power plan had been launched(Daily Dawn,1 May,2002).

5.10 PCO &Musharraf as a President (2001)

Chief Executive General Pervez Musharraf assumed the office of the President under the

provisional Constitutional Order by removing Rafiq Tarar who was due to complete his

five year tenure on June 20, 2001 and also decided to retain the office of the chief executive

215
(Fazal Elahi resigned from his office but Tarar was removed). He immediately dissolved

the suspended senate, National and the four Provincial Assemblies and sack the Chairman

of senate and Speaker of National assembly. He implemented order to retake oath to

Supreme Court and relevant Hi-Court judges under Provisional constitutional order (PCO).

Some of them refused to do so, those judges refused to do so they were as Mr.Justice Saeed-

ul-Zaman Siddiqui,Mr.Justice Wajihu-ul-Din

Ahmad,Mr.Justice Nasir Aslam, Mr.Justice Khalil-ul-Rehman, Mr.Justice Kamal

Mansoor Alim, they were dismissed on 26 th January 2000 including chief Justice Saeed

Zaman Siddique. Who took oath under PCO were as Mr.Justice Arshad Hasan Khan,

Mr.Justice Bashir Jahangir, Mr.Justice Abdul-Rehman Khan, Mr.Justice Sheikh Riaz

Ahmad, Mr.Justice Muneer A. Sheikh,Mr.Justice Ejaz Nisar, Mr.Justice Ch.M.Arif

(kundir,2003.p.31). Mr.Justice Saeed-ul-Zaman Siddique was replaced by Mr.Justice

Arshad Hassan Khan. Chief justice Irshad Hussan Khan Administered the oath to new

president. General Pervez Musharraf issued the Chief Executive Order Number Three

under which it was decided that the chief Executive would hold as president until his

successors enters upon his office(Dawn, 15October 2002). After the ceremony, General

Musharraf said that his decision to take over as President was led by constitutional, political

and economic consideration. He said that he held national interests supreme, he hada job

to do here and therefore he couldn‘t and would not let the nation down. He kept his word

to restore democracy and Supreme Court ruling directing to the Government to hold

general elections by October 2002 was very

clear(storyofpakistan.com2001),(Imtiaz,2002.pp.11-13)

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5.11 Referendum 2002

In 2002 President General Pervez Musharraf announced that referendum would be held to

restore democracy in the real sense. He said that ―I have no wish to remain on the chair

of president but I want to restore democracy in Pakistan. So this compelled me to take part

in politics. For this purpose referendum is the cry off the day‖, the same slogan

of GeneralZia (Dawn, 18 October 1999). Chief Election Commission, Chief Justice

Irshad Hassan Khan was given the task to fix date for referendum. The Chief Election

Commissioner fixed 30 th April, 2002 for referendum. On April 14, 2002 a meeting was

held under the Chief Election Commissioner to discuss the issue related to referendum,

CEC provided all the requirements, Ballot papers were issued all over the country (Daily

Dawn 4May,2002).

President General Pervez Musharraf visited to every corner of the country to take

the people in confidence. He assured that he was working according to his own agenda and

he want to introduce new reforms (like president Ayub who visited the country in

train),(The Daily Nation, April 15, 2002). President claimed that general elections would

be held in October 2002. All of the major political parties, except PML (Q), were against

the President Referendum as it was against the Constitution of Pakistan 1973. Maulana

Fazlur Rehman rejected the Presidential referendum. He said that president General Pervez

Musharraf was legitimizing his rule through unconstitutional acts. He requested all the

political and religious forces to boycott this move of the military regime, Aamir

Jamat-e-Islami also protested against the presidential elections.Jamat-e-Islami, Muttahida

217
Majlis-e-Amal, challenged the conduct of Referendum‘ in the Supreme Court of Pakistan.

According to the Supreme Court decision referendum was considered a lawful and

constitutional matter (as usual). So the referendum was held on due date April 30, 2002.

The chief election Commission of Pakistan used the resources to facilitate people‘s voting

in referendum. There were 87,000 polling stations; separate polling booths had also been

established for female voters in each polling station (Frontier post April 23, 2002). The

referendum result was announced on PTV, 1May 2002. About 97.97% votes were cast in

favor of General Musharraf to remain on the chair of president for the next five years .The

Nazim and councilors were threatened to withdraw from their posts if they were not going to

support for referendum within their constituencies (News lines, 2002).

President General Pervez Musharraf exclaimed that the result of the referendum was

primarily the victory of reforms process initiated by his government. He said that the

reforms process would continue with full devotions and all the development projects would

also continue. He assured the nation that he would fulfill his promises and eradicate

extremism fromsociety (Frontier post, May 3, 2002).

5.12 Legal Framework Order 2002

Chief Executive General Musharraf issued the Legal Framework Order 2002, On August

24, 2002 General Musharraf said he had been empowered by the Supreme Court of

Pakistan for amending constitution of 1973(Bakhtiar, 2010, p. 358). It was assumed to be

an integral part of the Constitution and would come into force, the legal frame work order

or any part of it could not be questioned in any court of law for its legal validity through

this order imposition of emergency, provisional constitutional order, referendum order

2002, laws, appointments, orders, instructions and all ordinances issued by General Pervez
218
Musharraf from October 12 to August 2002 were declared legal and constitutional

safeguards. The announcement of general elections for the National and provincial

Assemblies would be held in October 2002. Constitution‘s provisions were amended for

smooth and orderly transition of power from the Chief Executive to the newly elected

Prime Minister after the elections (Maluka, 2004, p.67).

5.12.1 The Main Provision of Legal Framework Order 2002

Under the Legal Framework Order General Elections of both the National and Provincial

Assemblies were held on October 10, 2002. The senate of Pakistan was elected on

December 21, 2002. All the four provincial assemblies had been enlarged in their strength

according to the ratio of their population, there were 342 seats in the National Assembly

and 272 were general seats filled on the basis of universal joint electorate system and single

member constituency basis, 60 seats were reserved for women and 10 for non-Muslims,

which filled on proportional representation basis. Any Pakistani whose name was in the

electoral list and if his age was not less 18 year could cast his vote if his or her age in not

less than 25 year could contest elections of provincial or National assembly

(Belokrenitsky&Moskalenko, 2013, pp, 373-377).

5.13 The General Elections 2002

After three years of military rule, the General Election for the National and Provincial

Assemblies were held in October 2002About seventy (70) major and minor political parties

contested the eighth national parliamentary elections (Daily Dawn,1 October,2002). The

major parties contested the elections; these were Pakistan People‘s Party Parliamentarians

219
(PPP-P), Pakistan Muslim League-Nawaz Group, Pakistan Muslim League-Quaid-e-Azam

(PML-Q) and the Muttahida Majlis-e-Amal (MMA),

alliance of six religious political parties. Other political parties contested election at the
national level included the six-party National Alliance, Pakistan Tehrik-e-Insaaf and

Tehrik-ul-Qadri‘s Pakistan Awami Tehrik. Several regional parties, with strongholds in

their own provinces included the Sindh-based Muttahida Qaumi Movement, Awami

National Party, Jamhuri Watan party, factions of Baluchistan National Movement and

Pashtunkhwa Mili Awami Party ( khan,2002,pp.94-96).

There were more than 72 million registered voters the age limit was reduced from 21 year

to 18 year and it formed a population of 140 million, these voters elected 342 members of

National Assembly and 728 members of four Provincial Assemblies against those allocated

seats. The number of total contesters was 2,098 contesting for 272 general seats of the

National Assembly. The remaining 60 seats were reserved for women and 10 for non-

Muslim minorities.

The Condemned people were barred from participations in elections under the

Representation of the People‘s Act. Several other politicians were unable to contest the

elections, as they did not have a Bachelor‘s Degree, which was a mandatory qualification

in the elections. Pakistan‘s leading political personalities Benazir Bhutto(ex-prime minister

of Pakistan) of the PPP and Nawaz Sharif of the Pakistan Muslim LeagueNawaz Group

were barred from standing in the elections under the new electoral laws. And for the first

time since 1977, the minority communities that included Christians,

Hindus and Parsees contested and voted for all general seats in the National and Provincial

Assemblies. Bachelor degree was first time introduced in Pakistan and was the new term

220
in Asia Continent; it was liked & disliked collectively(Waseem,2002,pp.36-38). The

election result issued and no one political party got an overall majority in the new National

Assembly. ―Pakistan Muslim League (Q) was at top with 126 seats and PPPP stood

second majority in the national assembly with 81 seats. The religious alliance was known

as Muttahida Majlis-e-Amal (MMA) secured 63 seats, emerging as the third largest party

in the National Assembly elections. With no party emerging with a simple majority

Pakistan faced menace of a hung parliament. A coalition government was, however, set up

with Mr. Zafarullah Khan Jamali, the candidate of PML (Q) as the Prime Minister of

Pakistan with the help of MQM, a number of independent candidates and 10 members of

the Pakistan People‘s Party Parliamentarians who defected from the party to form their

own Forward Block, Musharraf conducted these elections under LFO(General

Elections results,2002).

5.14 The Seventeenth Amendment (2003)

It was basically a modified form of legal framework order 2002. After an astonishing deal

between PML (Q) and MMA it became part of the 1973 constitution after the conventional

confirmation of president Musharraf, it enable General Musharraf to serve out his term as

president which ended in 2007. It gave him the right to pack Prime minister and dissolving

parliament by decree. The seventeenth amendment not allowed the provision for vote of

confidence for further affirmation of the president in office by of the members present and

voting, by division or other method as prescribed in the rule made by the federal

government under clause (9) of the electoral college consisting of members of both the

houses of parliament and the provincial assemblies. Accordingly a vote of confidence was

passed in of the president Musharraf on January 1,

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2004 by members of both national assembly and the senate the approval of the

Seventeenthamendment and the vote of confidence represent a major political background

for president Musharraf. He achieved most of his goals in exchange for the minimum

possible concession to the Muttahida majlis-e-amal (MMA)(Khan, Pakistan. Vision, Vol.

9 no 2).

• Under 17th Amendment article 41, Musharraf was elected as president for five years

under the division of vote procedure and the procedure provided under constitution

for election, the president did not follow the valid procedure of presidential

election. The election remained unchallengeable in any court of law.

The new procedure was declared valid for the current term of presidential election

(Daily Dawn,2014).

• Article 58(2) (b) was added in the constitution of Pakistan 1973, with the help of it,

president was given the powers to dismiss the assemblies (parliament). This article

was deleted from the constitution of Pakistan 1973 under 13 th Amendment but it

was reinserted by General Musharraf. This time with a slight difference it was

produced like within fifteen days of dissolution of national assembly the president

of Pakistan could refer the dissolution matter to the Supreme Court of Pakistan. The

Supreme Court decision was final in all circumstances. In other words, the power

of dissolving the national assembly was made operational with president.

• Under 13th Amendment the powers of dissolving the provincial assemblies by the

provincial governors were omitted. But the 17 th Amendment reinserted those

powers. It was added in article 112 clause (2) that the Governor in case of

222
 dissolution of provincial assembly under paragraph (b) of clause (2) could within

fifteen days of the dissolution refer the matter to the Supreme Court with the

approval of the president and the Supreme Court could decide the reference

within thirty days, its decision was final(sehri,2011,pp.320-32 ).

• General Zia-ul-Haq inserted the article 152-A for the establishment of National

Security Council. But under elected representative pressure he did not press for the

National Security Council setting up. The 17 th Amendment completely omitted this

article through an act of parliament. The first ever meeting of this council was held

on June 21, 2000.

• Article 170: This article readjusted the retirement age of the judges of Supreme

Court of Pakistan. It was inserted under 17 th Amendment that judge of Supreme

Court of Pakistan could hold office until he attains the age of 62 years, until he

sooner resigned or removed from office in accordance with the constitution.

• Under the Article 195, the retirement age of a judge of High Court was fixed at 62

years, unless he sooner resigned or removed from office in accordance with the

constitution.

• Article 243: Prior to the 17 th Amendment, the president of Pakistan was

empowered to appoint in his discretion the chairman, joint chief staff committee,

the chief of army staff committee, the chief of army staff, chief of naval staff and

the chief of air staff, and could determine their salaries and allowances. After 17 th

Amendment, the words in clause (3) substituted with the words ‗in consultation

with the Prime Minister‘.

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• Article 172A: this article states that all laws made between 12 October 1999 and

the date on which his article came into force, had been duty made or accordingly

affirmed, adopted and declared validby the competent authority and could not be

called in any court or forum on any ground whatsoever(Bakhtiar, Pakistan‘s Past

and Present),(Dawn 27 October,2004).

5.15 President’s another Office Act 2004

The bill was called as president to hold another office act 2004, which had enabled the

President Musharraf to hold the office of the Chief of Army Staff beyond December 31,

2004. This bill was passed by senate of Pakistan with simple majority in voice voting in

spite of forceful protest by the opposition members of the parliament. It was submitted to

the president to get his assistant after that it became an act of the parliament and had come

into force on December 31, 2004(Shahid, 2011, p.345). It was also necessary that his

provision was only valid for President Musharraf to hold position at a time, it was stated

that the bill was responsible to safeguard the national interest, to combat terrorism,

disrupted law and order situation in the country, providing continuity in economic policies

and reforms in the country (C.P.L.A. NO.927-L/2003).

5.16 National Accountability Bureau

President Muhammad Rafiq Tarar promulgated the ―National Accountability Bureau

(NAB) ordnance 1999 for setting up accountability courts for speedy disposal of cases

involving corruption, corrupt practices, misuse of power and misappropriation of property,

kickbacks and commissions, the responsibilities of investigation and proceedings against

the accused had been given to the NAB which could seek assistance of any law enforcing

224
or investigation agencies to complete the task within 75 days. The accountability courts

used to hear the case on day to day basis and dispose it off within

30 days. The appeal against the final judgment given by the accountability court could be

filed within ten days of the judgment, in the high court of the province where the court was

situated (Dawn, 12 February,2001), (Icac.org). The appeals could be heard by a bench of

not less than two judges and it must be disposed of within 31 days. No appeal against any

interlocutory order of the accountability court could be held in any court. A law was also

mentioned that no court could pass stay order to suspend the proceedings of the

accountability court. According to the schedule of offences and punishment, Corruption

and corrupt practices would be liable for 14 years or less in imprisonment along with fine.

The embezzlement punishment was 14 years or less in imprisonment, and for misuse of

power in committing any offence above by any person holding a public office, the

punishment was 14 years or less in imprisonment. For committing fraud the punishment

was also 14 years in imprisonment. Administratively the NAB was headed by a Chairman,

he was appointed by the President, and The Chief Executive might appoint the Deputy

Chairman, in the consultation with the Chairman. After a brief amnesty period, it generated

repayments the government estimated at nearly Rs10 billion ($ 192 million),(Current Affair

Digest, December 1999, P.82). The prosecution started government also claimed that

banks, repayment records improved.

The prosecution started somewhat slowly, the military and the judiciary were exempted

from the process on the grounds that these institutions had their own discipline. Another

new provision empowered the National Accountability Bureau (NAB) to demand from

persons possessing wealth beyond his visible means of income proves that likely to take

225
much longer than people expected because so many prominent former officials and

businessmen were targeted.

During the first year of military government about ten thousand officials of various
grades of the provinces were found involved in different cases out of them about

2000 were dismissed, 1500 suspended and over 6000 awarded minor penalties. The

Federal level 490 officers of grade 17 and above had been penalized since October 12,

1999 in addition, NAB was assisted in speedy identification, investigation and preparation

of cases for accountability out of over 2,100 major cases of corruption unearthed. About

700 were referred to NAB and over 750 to respective departments and about 256 cases

were disposed off (Fortier post, December 31, 2000),(Annual report of NAB,2005).

Monitoring mechanism assisted the departments concerned recovered government land,

shops, plots, houses etc. just to give an idea, about 30,000 acres of land belonging to forest,

over 10,000 canals in urban belonging to schools and municipal corporations, over 7,000

plots, shops and houses and about 800 vehicles of different categories had been recovered.

The National Accountability Bureau (NAB) had forwarded a list of 105 persons, who stuck

plea-bargain deals with the Bureau, to Election Commission of Pakistan (ECP) and State

Bank of Pakistan (SBP) for necessary action as they stand disqualified from contesting

elections and seek loans from financial institutions under the NAB Ordinance. According

to the NAB official, the government had recovered billions of rupees from them through

plea-bargain (Gauhar, 2005, pp.11-14).

When Musharraf came to power in 1999, he claimed that the corruption in the

country would be cleaned up. According to a survey conducted by Transparency

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International Pakistan ranked in 2001 as the world‘s eleventh most corrupt nation but in

2007 Pakistan ranked as the 41st most corrupt nation(Wikipedia.org/Pervez Musharraf).

5.17 National Reconciliation Ordinance (NRO)

The supporters of Musharraf were called political orphans by Benazir Bhutto.

After military coup General Pervez Musharraf started to negotiate with Pakistan People‘s

Party, Musharraf and Benazir Bhutto(BB) met in Abu Dhabi, Bhutto demanded to give up

the post of Army Chief and to conduct the elections in monitoring of international

observers, open to all individuals and political parties, setup an impartial election

commission, remove the ban of third time on Prime Minister ship, remove all the pending

cases on the politicians. The trialing courts of those cases were called Kangroo courts by

Banazir Bhutto. In 2007 General Pervez Musharraf accepted all the demands of BB and

introduced National Reconciliation Ordinance (NRO) and allowed to take part in the

elections of 2008 (Bhutto, 2008, pp. 227-228). In the manners of General elections

Musharraf adopted an opposite policy than General Zia; he conducted the elections on

party basis. A day before the presidential election, President Musharraf promulgated the

National Reconciliation Ordinance on October 5, 2007, for the purpose to remove the trace

of victimization of the past. It authorized the government to terminate the prosecution of

holder Public offices between 1 January 1986, to 12 October 1999 (ibid. 12), who were

unjustly implicated in criminal cases. Musharraf said that the ordinance was conviction

based; it was general and applied to all politicians to ensure free and transparent elections.

Generally the people stood and agree that the accountability process had been exploited to

persecute the political opponents, they believed that there was a need to undo the wrong

227
caused to many political figures and to develop a genuine, fair and effective accountability

mechanism that would enable all section of the society to join the crucial struggle for the

nations redemption (The News international, 2007).

The main objective of this ordinance was to eliminate corruption amongst the political

circles of the county. However, many viewed it as a step toward further promoting the

culture of looters and plunders. The most confusing point was whether National

Reconciliation Order really aimed at providing relief to those who falsely implicated in

political cases between the January 1, 1986 and October 12, 1999 or granting pardon to the

looters of national purse. It was firmly believed that act was the measure to allow the former

Prime Minister Benazir Bhutto to return to Pakistan without any legal consequences due

to pending politically motivated corruption cases (Rabbani,

2010, p. 243). It was considered as part of dealing between General Musharraf and

Pakistan people‘s party by which all corruption cases against Benazir Bhutto and other

Pakistan People‘s Party prominent member were withdrew (Pildat,2007).

The critics apprehend that it was the pick and choose exercise giving further leaver ages

to the government, to entertain the corrupt politicians who were willing to serve the interest

of military men. They also believed that it was the mockery of rule of law and a blatant

violation of the supreme law of the land, throwing the country into a political crisis.

Therefore, on these grounds National Reconciliation Order was challenged in the Supreme

Court and High Courts of two provinces. Later on it was declared unconstitutional by the

Supreme Court of Pakistan on 16 December

2009(Dawn.com),(petition no76 to 80 of supreme court of Pakistan, 2007).

228
5.18 Presidential Elections of 2007

The tenure of the president Musharraf was due to expired on November 15, 2007. He

announced that he would be re-elected from the current assembly. He made it clear that

election would be contest under seventeen amendment which allowed him to keep both

offices, i.e. Chief of Army Staff as well as the President at the same time, he mentioned

that constitution allowed him to do so(Constitution petition no. 13, 14, 39 & 40 of 2004 &

2 of 2005 and C.P.L.A. no.927-L/2003).

The Opposition parties strongly criticized this announcement and declared that they would

never let General Musharraf to contest election. While on the other hand the ruling party

Pakistan Muslim League (Q) asserted that General Musharraf would be reelected by the

current assemblies in uniform but it was compromised that Musharraf would left the

designation of Chief of Army Staff and he left it on 28 November 2007(Daily times 29

November, 2007).

General Musharraf filed his nomination paper which was declared valid by election

commission of Pakistan the opposition parties nominated Justice Rtd. Wajihuddin Ahmad;

Pakistan people‘s party Makhdoom Amin, Fahhim with Faryal Talpur as the covering

candidate ( Daily Dawn, 2007).

President of MMA Qazi Hussan Ahmad and Imran Khanthe Chairman of Pakistan

Tehrik-e-insaf filed a writ petition in Supreme Court, requested to disqualify General

Musharraf as candidate in the coming election and also claimed that General Musharraf

being an Army Chief could not contest election as it was in violation to the constitution of

Pakistan 1973. But Supreme Court of Pakistan dismissed the petition challenging the

229
eligibility of Musharraf and allowed him to contest election. Immediately, Supreme Court

ordered that the election would be held on October 6, 2007. The presidential election was

held on October 6, 2007 (BBC, September, 20, 2007). General Musharraf won the election

and was elected for another five years. He got 96% (671) of the total votes polled

685 and over all he got 57% out of 1170 votes of the parliament and four provincial

assemblies(Rabbani, 2010, p.240). The opposition political parties criticized it thoroughly.

The President Musharraf requested the nationto reject the opposition‘s policies, not to

support those who created turmoil in the country by calling protest and strikes and only to

help the government in its efforts to bring the country on the path of development and

progress. He further mentioned that the domestic situation required conciliation(khalig

times, January, 27.2007).

5.19 State of Emergency 2007

In November 2007 once again the law and order worsened, a suicidal bombing and while

on the other hand Supreme Court of Pakistan delayed in announcing its decision on

presidentMusharrf‘s candidacy also added fuel to fire. The situation was slipping out of

hand and left the president Musharraf with no option other than to impose emergency in

the country. General Pervez Musharraf declared a state of emergency on November 3, 2007

in Pakistan and issued a Provisional Constitutional Order under which, the Constitution

was suspended, the federal cabinet ceased to exist, and the justices were ordered to retake

a fresh oath according to the new provisional constitutional order (Daily Dawn,6

september,2007). He also declared that those who failed to do so would be dismissed. He

replaced the Chief Justice Iftikhar Muhammad Chudhary with Justice Abdul Hamid

Dodger as the defecto Chief Justice of Pakistan.

230
After the imposition of emergency, the political situation in the country changed. There

were wide scale agitation and protests against emergency .Several political activists of

major political parties, lawyers, journalists and members of the civil society were arrested.

It was also announced that the state of emergency would end in late

November or early December 2007 (New York Times, 3 November 20007).

5.20 Provisional Constitution Order 2007

After the Proclamation of Emergency, General Pervez Musharraf issued a

Provisional Constitutional Order on November 3, 2007.

Following the text of the Provisional Constitutional Order

• This order might be called the Provisional Constitutional Order No. 1 of 2007. It

extends to the whole of country, and it came into force at once.

• Notwithstanding the abeyance of the provisions of the Constitution of the Islamic

Republic of Pakistan, hereinafter referred to as the Constitution. Pakistan should,

subject to this Order and any other Order made by the President, be governed, as

nearly as might be, in accordance with the Constitution.

• It provided that the President might, from time to time by Order amend the

Constitution, as is deemed expedient: Provided farther that the Fundamental Rights,

under Articles 9, 10, 15, 16, 17, 19 and 25 were remained suspended.

• In spite of anything contained in the Proclamation of the 3 rd day of November,

2007, or this order any other law for the time being in force, all provisions of the

Constitution of the Islamic Republic of Pakistan embodying Islamic injunctions

231
 including Articles 2, 2A, 31, 2O3A, 227 to 231 and 260 (3) (a) and (b) were

continue to be in force.

• Subject to clause (1) above and the Oath of Office (Judges) Order, 2007, all courts

in existence immediately before the commencement of this Order were continue to

function and to exercise their respective powers and jurisdiction.

• It provided that the Supreme Court or a High Court and any other court could not

have the power to make any order against the President or the Prime Minister or

any other person who was exercising powers or jurisdiction under their

authorities.

• All persons who immediately before the commencement of this Order were in

office as judges of the Supreme Court, the Federal Shariat Court or a High Court,

were bond to take the new Oath of Office (judges) under Order 2007, and such

further Orders as the President might be passed( sixty judges refused to take new

oath). Those judges who refused to take new oath according to the Provisional

Constitutional Order were sent to back home.

• Subject to clause (1) above, the Majlis-e-Shoora (Parliament) and the Provincial

Assemblies were functional.

• All persons who, immediately before the commencement of this Order, were

holding any service, post or office in connection with the affairs of the federation

or of a province, including an All Pakistan Service, service in the armed forces and

any other service declared to be a service of Pakistan by or under Act of

232
 Majlis-e-Shoora (Parliament) or of a Provincial Assembly, or Chief Election

Commissioner or Auditor General, were continue in the said service on the same

terms and conditions and could enjoy the same privileges, if any, unless these were

changed under Order of the President.

• No court, including the Supreme Court, the Federal Shariat Court, and the High

Courts, and any tribunal or other authority, could call or permit to be called in

question this Order, the Proclamation of Emergency of the 3 rd day of November,

2007, the Oath of Office (Judges) Order, 2007, or any Order made in pursuance

thereof.

• No judgment, decree, writ, order or process whatsoever could be made or issued by

any court or tribunal against the President or the Prime Minister or any authority

designated by the President.

• Notwithstanding the abeyance of the provisions of the Constitution, but subject to

the Order of the President, all laws other than the Constitutions, all ordinances,

orders, rules, regulations, notifications and other legal instruments in force in any

part of Pakistan, whether made by the President or the governor of a province, were

continued in force until altered, or repealed by the President or any authority

designated by him.

• Any ordinance promulgated by the President or by the Governor of a province had

nosubject to any limitations as duration prescribed in the Constitution.

233
• The provisions of clause (1) could also apply to an ordinance issued by the

President or by a governor which was in force immediately before the

commencement of the Proclamation of Emergency of the 3 rd day of November,

2007 (Dawn 11 November,2007,Dawn.com),(BBC News 29 th November, 2007).

5.21 Resignation from the Office

When President Musharraf was sworn in for a second presidential term, he immediately

declared that the state of emergency would end on December 16, 2007.

Although the state of emergency ended one day earlier, on December 15, 2007, with an
announcement by president Musharraf(New York times.com), (Pakistan times,2007).

After that the constitution was restored and the general elections were scheduled to be held

in February 2008. The general elections were held on February 18, 2008 in which the ruling

party Pakistan Muslim League (Q) was clearly defeated and Pakistan

People Party and Muslim League (N) won the majority of seats in elections. PPP and

PML (N) made new coalition government with Yousaf Raza Gillani as Prime Minister of

Pakistan. On 7 August 2008, both political parties PPP and PML (N) decided to force

president Musharraf to step down and began his impeachment through parliamentary

process. On 18 August 2008, president Musharraf resigned, he defended his nine-year rule

in an hour-long speech to the nation on August 19, 2008 (New York times, 2008),

(Washington post,2008). US and Saudi Arabia were going to start dialogue with the

Taliban, office was established in Dubai, War against terror was going toward the end,

US considered Musharraf useless, so he was not more protected by

her(Rizvi,2009,pp.35),(Economic & political weekly,2007,pp,8-9). President Musharraf

also secured himself by amending the constitution, both (president Zia & president

234
Musharraf) secured themselves not to promote and strengthen the democracy of Pakistan.

Musharraf promised to introduce a pure democracy (against sham democracy) but he could

not introduce the same status but also uprooted the situation with amending in the

constitution and electing himself as president in uniform. Problems remained same for the

poor masses of Pakistan.

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241
Conclusion and Reflections

Quest for civil military relations and building cohesive remarks is not an easy task.

It has ever been a grave challenge to all the third world states. There are multiple reasons

and challenges to the civil military relations which developed with the passage of time.

Military is considered the most powerful institution not only in the developing states but

also in the developed states. The case of Pakistan is not different from other developing

countries.

At the time of independence, Pakistan had to face many problems. One of the major

problem was the security threat from India and Afghanistan. This problem gave rise to the

ascendancy of military because it was more organized and systematic institution as

compared to other civil institutions of Pakistan. Military strained relations with civilian

government of Liaqat Ali Khan. It was dissatisfied over the Kashmir policy of the

government and appointment of the C-in-C. Military realized that the instability of the

civilian government, chaotic political parties and the poor economic situation would

threaten its professional and corporate interests. So, it began to influence the decision

making process. Political parties were immature at that time these were consisting only on

feudal not pure political leaders. At the death of Liaqat Ali Khan a gap of political

leadership was seen. This gap of civilian leadership kept the civil military relations

strained; leading to the military take over. These military rulers felt the problem of getting

legitimacy; which they tried to get, for example, through the referendum of General Ayub

Khan, General Zia-Ul-Haq and General Pervaz Musharraf. Every military ruler adopted his

own policy. Some of them tried to make alliances with political parties or bureaucracy

242
who worked as their subordinates to support their policies. The exchange of Ayub Khan is

quite obvious in this connection.He promoted economy as well as bureaucracy. Zia -ul

Haq‘s slogan was Islamization while General Musharraf propagated enlightenment with

the help of PML (Q). Pakistan remained under civilian rule from

1988-1999 but decision making was used on ‗Troika‘ (President, Prime minister and chief

of army staff). The civilian leaders of this period also tried their best to get support of

military in all domestic and foreign policy decisions. Presidents dismissed the parliaments

with the consultations of chiefs of army staff. Military is seen dominant in internal and

external matters of the state. Civilian governments could not succeed in controlling

military. Both civil government and military took contrary stances on many issues like

Kashmir, Nuclear and Kargil policy with India and US. One reason of military involvement

in the politics is that the trend of democracy is not linear in Pakistan. The civil society o f

Pakistan does not show active resistance to the military‘s involvement in the politics and

it has never been denied or challenged by the civilian governments. Supreme court of

Pakistan always justified the military take over on the basis of ‗doctrine of necessity‘.

There is need to introduce real democracy for which political parties must be strong to run

the administration of the state.

The prediction of the democracy in Pakistan is not really positive apparently.

Pakistan is becoming weaker on moral, ethical, political, social and economic

grounds.Because bribery, terrorism, cultural and ethnic differences are promoting itself.

Pakistan‘s democracy is not more than a word ‗Islamic Republic of Pakistan‘practically,

in the entire history of Pakistan. She faced four elected governments and military

governments. It is considered that parliamentary government is according to the nature of

243
people‘s minds. It has functioned well among similar communities which can pay for

quarrel without restoring the violence or civil war. It was truly tragic that the country faced

frequent problems soon after independence by the ruling classes that belong to the

feudalists, bureaucrats and military generals who transformed it into an elitist system.

There is a need to awake people of Pakistan and to get to light against this feudal system

by acquisition of direct success to political and economic rights by freeing our political

culture from the exploitative elitist and feudal political structure.

The culture of polarized politics in Pakistan spread non-democratic and political

instability in country after its establishment but it rose on its peak in General Zia-ul-Haq &

General Musharraf era. The reason is that General Zia abolished the political parties while

in GeneralMusharrf‘s rule country was moving towards one party rule and both the rules

were in uniform. So forth, the politically conscious people of Pakistan cannot agree that

Pakistan needs such a planted democratic model under the supervision of military dictators

who only work for themselves by staking Pakistan‘s prosperity. The people of Pakistan and

their leaders need to believe that controlled and guided democracy is no more Pakistan‘s

destiny. They believe that their advancement lies in constancy of true

democracy.

This research discusses on five main research queries; firstly, it proves with

evidence by exploring the history of Pakistan politics that is really difficult to attain

democratization in real sense because of huge difference between its theory and practice.

Theory gives a complete procedure to attain democracy but the method of implication is

244
still controversial not only in Pakistan but also in third world states. Secondly, it discusses

the absence of political culture in transition of democratic culture of Pakistan.

After doing research its answer is yes. A third world country like Pakistan is considered as

fragmented society where political law and order, social values, cultural norms and

economic upheavals cannot be treated or solved in proper way. This sectional

fragmentation causes dispersion and uncertainty in people‘s lives and becomes a reason of

political instability. Lack of participant political culture is also one of the main reasons.

People are not united; they are divided into different sects, languages, norms and culture

values. They don‘t care about their Pakistani identity; they just preferred to call themselves

Punjabi, Sindhi, Balochi and Pathan. Democracy in such a fragmented society is indeed

tough to attain. The first requisite to attain democracy is to create a path for proper

functioning of democratic values and rule of law. After that, it can be pondered that

democracy may play its effective role for betterment of society, without; it‘s really very

difficult to solve all problems of fragmented society. Thirdly, it elaborates the answer of

third question; will the present trend toward more democratic states result in a more stable

government. As we all know that developed democratic states are fully stable governments

so it is obvious that to be more stable and flourished, all countries need to be democratic

in true sense. The next two questions show the importance of parliament in democratic

government. Without majority consent (parliament) no government can be democratic.

Free and fair elections and rule of law are also one of the most important pillars of

democracy. Parliament plays its role more effectively when opposition parties collaborate

with each other and try to resolve state issues instead of leg pulling and using unfair means

to scatter government.

245
 The most important factor that may influence future of democracy in Pakistan, is

the structural change in the nature of democracy that needs major authorities must be in the

hands of parliament for the stabilization and authentication of election system. The council

for defense and national security and capability of president to dissolve the national

assembly has damaged the powers of elected leaders. So, there is a dire need to sustain the

elected governments instead of frequent military takeovers. It quite clear now that once

army gained powers, it never lets the politicians work properly. It has been major cause of

lack of democratic culture in Pakistan since its creation. A number of examples can be

traced from the politicians who repeatedly collaborated with the illegal forces to protect

their interests. Pakistan‘s democratic failure lies with military constant rebuff of contingent

itself on legitimate civilian authority. Apart from necessary reconstruction of civil military

relations, it shows the prediction for significant democratization stay uninviting. Pressure

from external forces played significant role in monopolizing General Zia-ul-Haq and

General Pervez Musharrf‘s policies, and autocratic forms of decision making without

approval of parliament and senate. The concluding remarks of this research are that the

immature attitude of political leaders and constraint policies of military dictators never

allowed the democratic culture grow up. Both military & civilians inhibit the growth and

development of their own agendas. The paradox is that on one hand a civil setup is

introduced by military dictators, while on other hand the functioning and development of

this civil setup is conditioned and controlled. Consequently, party building, associational

activity and competitive party politics remained low. Authoritarian and hegemonic

tendencies became first priority. Social and democratic norms and values took the status of

second priority. Political parties of third world states are organized to enhance personal

246
powers. All the problems start from there in democratic structure. Pakistan‘s viable political

system produced two developmental patterns. First, political leadership always relied on

military to sort out the problems, second, anti-political-activities by the military. Military

did not award the already privileged groups in society. Controlled political system, policies

of political exclusions, discouraging the associational groups, restrictions on political

parties‘ functions, discouraging the interest groups, are formed by the military. These things

become the symbol of social ills. Thus mass movement emerges as a response to the

military hegemonic system. But these movements are already loosely organized and are

scattered easily, due to the lack of proper political leadership.

Political parties and their leadership are always fond of developing the intellectual

and policy content. The debate on crucial issues is absent; such as how to reform the

education, improve human skills, eliminate corruption, reduce deficit, control

governmental expenditures, rationalize defense expenditures, reduce the burden of debt,

etc. Consequently, political parties and their leadership prefer to escape them. They do not

focus on developing policies of economic development and good governance. After

coming in power, they resort to rely on same authoritarian structures of the state which

they had defied while in opposition. These political parties consider the bureaucracy and

parliamentary institutions as instruments of governance. Resultantly the democratic

dispensation and tolerance of dissent remain weak in the civil society as well as

authoritarian structure acquires stability. The ruling party attempts to establish political

hegemony by distributing patronage and rewards its supporters, and coalition partners.

While the parties in opposition spend their energies in mobilizing groups against the

government in under to weaken the democratic development. A third party (military) takes

247
the benefit from this situation. In turns military hegemony lingers on and rusticates the

political authorities.

The breakdown of political and social order in Pakistan has occurred due to the lack

of political awareness, as well as the working and attitude of political leaders both in

opposition and the government political parties. Neither of them contributed towards

strengthening the democratic processes and institutions. Bureaucrats are used to expand

their powers. Opposition does not playing a responsible role. It challenges the electoral

process, and agitations are started for the removal the party in power. The situation

enhances the significance of military. Consequently, the military‘s hegemony continues to

persist. In this situation military also plays the role of ‗king‘, what should be the

expectations from military where democratic consensus is inapplicable. If these political

leaders adopt mature manners, military has no need to interfere in political process. It is

only due to the political immaturity. But we must hope about the betterment of present

political structure. The political development in developed states also crossed the same

way like us.

For purifying these views, a survey is compiled by the researcher with the help of

questioner from military, judiciary, political elites and intellectuals. These classes are

selected because military intervened in political setup, and it was legitimized by the

judiciary, third why was political elite not in the position to handle the situation, the forth

class is of intellectuals (professors) especially because a layman has not interest in such

issues. In sample sixty fifty candidates are taken from each group (military, judiciary,

politicians and intellectuals). The response of these groups has been assessed in the form

of bar graphs with the help of questioner. Questioner consists of eight main questions and

248
each question has further three sub-questions all these sub-questions are evaluated with the

statement of strongly agree, agree, disagree and strongly disagree. Each class is examined

individually first intellectuals are taken.

Intellectuals.

Q.1 what should be the nature of civil military relations?

1.A

35
30
25 military must follow the civilian
20 government
15 mutual understanding is better
10
5
0 government must follow the
military approved policies
strongly agree agree disagree strongly
disagree

Answering the question No.1 with the help of sub-questions from intellectuals 30

intellectuals responded strongly agree that military must follow the civilians, 19 are agree,

16 are disagree & 13 are strongly disagree. Mutual understanding according to them is not

good, they are showing their interest that limitations must be defined and every institution

must never cross its boundaries. With the help of 3 rd sub-questions they preferred that

military must follow the civil setup.

Q.2. why did civil military relations remain strained in past (in Pakistan)?

249
 2.A
40
35 lack of political leadership
30
25
20
military showed interest in
15 politics
10
5
0 both departments(military &
civil) crossed their limitations
strongly agree disagree strongly
agree disagree

In this question views of intellectuals are in agree form that strained situation is due to the

lack of political leadership. Some intellectuals are agree that military is fond of politics

some are disagree, while in third portion intellectuals views are that such poor situation is

due to crossing the limitations of every institution.

Q.3. Why did military introduce such controlled democracy?

3.A
35
30 political elites were not in the
25 position to run the
administration
20
15 military secured itself with this
system
10
5
the controlled political system
0
was suitable to the masses of
strongly agree agree disagree strongly pakistan
disagree

After intervening why military introduced such controlled system? 10 to 25

intellectuals replied that political elites are not able, 20 to 33 replied that military secured

itself with this system. Controlled political system is disliked by them, intellectuals are

willing about pure democratic system not hybrid.

250
Q.4. Why did Zia-ul-Haq conducted non party based elections?

4.A
40
35
30
25 zia had no trust over the political
parties
20
At that time PPP was famous and
15
Zia did not like it
10
Afghan war could not be
5 managed by the political leaders
0
strongly agree agree disagree strongly
disagree

Intellectuals are saying that Zia had no trust over the political parties as he

conducted non-party based elections. PPP disliked by Zia, according to them Afghan war

could be managed and handled by the politicians.

Q.5. The enlightenment of Musharraf was?

251
 5.A
40
35
30
25 the need of the hour (like
islamization of Zia)
20
just a slogan
15
10
A tool for strengthening the
5 democracy
0
strongly agree agree disagree strongly
disagree

Intellectuals are not satisfying about Musharrf‘s policies; he used every tool to

strengthen himself.

Q.6. Why retired military officers of US are successful in politics but not in Pakistan?

6.A
40
35
30
25 political culture of pakistan is
not developed
20
Retired military officers had no
15
interests in politics
10
people never accepted these
5 military men in politics
0
strongly agree agree disagree strongly
disagree

Perceptions of the intellectuals are that political culture of Pakistan is not developed,

while people also welcomed the retired military men.

252
Q.7. Doctrine of necessity was?

7.A
40
35
30
25 the safety of the federation
20
protection of military
15
10 reintroduction the free and fair
5 political culture
0
strongly agree agree disagree strongly
disagree

Intellectual‘s response shows that ‗Doctrine of necessity‘ was just a tool to protect

the military; it had no interest about the safety of the federation and free and fair political

culture.

Q.8.Military did not interrupt in India because?

253
 8.A
40
35
30
political institutions and
25
leadership are strong
20
15 militay is loyal to the
10 government
5 people do not like the military
0 intervention
strongly agree agree disagree strongly
disagree

Intellectuals are agree that political culture of India is strong, military is loyal to civil

government and people are also aware about their rights.

Military

Q.1. what should be the nature of civil military relations?

1.B
60
50 military must follow the civilian
40 government
30
20 mutual understanding is better
10
0 government must follow the
strongly agree agree disagree strongly military approved policies
disagree

The same questions are asked from military department 5 to 35 people of army

showed interest only in agree figure but mutual understanding is acceptable for them which

is against the nature of intellectuals according to 1.A chart. While 2 to 3 percent people of

army showed interest that government must follow the military approved policies.

Remaining 3 to 35 percent are agreeing with the intellectuals.

Q.2. why did civil military relations remain strained in past (in Pakistan)?

254
 2.B
60
50
40 lack of political leadership
30
military showed interest in
20 politics
10 both departments(military & civil)
0 crossed their limitations
strongly agree agree disagree strongly
disagree

Military is also agreed with the intellectuals that these strained relations are due to

lack of political leadership. While military officers are not agree to accept that military

showed interest in politics. In 3 rd portion military is divided in agree and disagree

statement.

Q.3. why did military introduce such controlled democracy?

3.B
40
35 political elites were not in the
30 position to run the administration
25
20 military secured itself with this
15 system
10
5 the controlled political system
0 was suitable to the masses of
strongly agree agree disagree strongly pakistan
disagree

After entering in power military introduced controlled democracy. According to

them such system is introduced due to lack of political leadership. Military is totally

disagreeing that military secured itself.

Q.4. Why did Zia-ul-Haq conducted non party based elections?

255
 4.B
40
30 zia had no trust over the political
parties
20
At that time PPP was famous and
10
Zia did not like it
0
Afghan war could not be managed
strongly agree agree disagree strongly by the political leaders
disagree

Military is agreed according to the intellectuals that Zia was not satisfied from

political parties. Military responded that Afghan war could not be managed by the

politicians. This is against the statement of the politicians. Q.5. The enlightenment of

Musharraf was?

5.B
40

30 the need of the hour (like

islamization of Zia)
20 just a slogan
10
A tool for strengthening the
0 democracy
strongly agree agree disagree strongly disagree

According to military the enlightenment of Musharraf was the need of the hour,

military considered it a tool for strengthening the democracy.

Q.6. Why retired military officers of US are successful in politics but not in Pakistan?

256
 6.B

40
35
30 political culture of pakistan is not
25 developed
20
15 Retired military officers had no
10 interests in politics
5 people never accepted these
0 military men in politics
strongly agree agree disagree strongly
disagree

Military compared the US political culture with Pakistan that the culture of US is

so fertile than Pakistan. They are not agreeing with the statement that people never accepted

these politicians.

Q.7. Doctrine of necessity was?

7.B
40
35
30
the safety of the federation
25
20
15 protection of military
10
5 reintroduction the free and fair
0 political culture
strongly agree agree disagree strongly
disagree

Military is agreeing with the purpose of ‗Doctrine of Necessity‘, it is not willing to

accept that it was the protection of the military which is totally against the statement of the

intellectuals.

Q.8.Military did not interrupt in India because?

257
 8.B
50
40 political institutions and
30 leadership are strong
20
10 militay is loyal to the
government
0
strongly agree agree disagree strongly people do not like the military
disagree intervention

Both the classes (intellectuals & military) are agree that the masses of India is

democratic, civilized & military is loyal to the government.

Politicians

Q.1. what should be the nature of civil military relations?

1.C
50
40
military must follow the civilian
30 government
20 mutual understanding is better
10
0 government must follow the
strongly agree agree disagree strongly military approved policies
disagree

Politicians are agreeing like the intellectuals that military must follow the civilians.

Every institution must never cross its boundaries; military must follow the civilians not to

hesitate in obeying. While, the military men are totally against the politicians and

intellectuals in this statement.

Q.2. why did civil military relations remain strained in past (in Pakistan)?

258
 2.C
60
50
40 lack of political leadership
30
military showed interest in
20
politics
10
both departments(military & civil)
0
crossed their limitations
strongly agree agree disagree strongly
disagree

Politicians are also agreeing that strained relations remained due to lack of political

leadership. While politicians are also agree that military is fond of politics on other hand

military response showed that it comes to escape Pakistan from disintegration. Q.3. Why

did military introduce such controlled democracy?

3.C
50
40
political elites were not in the
30 position to run the administration
20 military secured itself with this
system
10
the controlled political system was
0 suitable to the masses of pakistan
strongly agree agree disagree strongly
disagree

Politicians are not agree to accept that politicians are incompetent, they are strongly

agree that military secured itself with this controlled system while military is against this

statement. Politicians focus is that there must be pure political system not controlled or

hybrid.

Q.4. Why did Zia-ul-Haq conducted non party based elections?

259
 4.C
40
35
30
zia had no trust over the political
25
parties
20
15 At that time PPP was famous and
10 Zia did not like it
5 Afghan war could not be managed
0 by the political leaders
strongly agree agree disagree strongly
disagree

Politicians are seeing strongly agree that Zia had no trust over the political parties.

Zia was against the PPP, according to them Afghan war could be managed by the

politicians.

Q.5. The enlightenment of Musharraf was?

5.C
40

30 the need of the hour (like

islamization of Zia)
20 just a slogan

10
A tool for strengthening the
0 democracy
strongly agree agree disagree strongly disagree

Politicians are strongly disagreeing with all the statements of this question,

politicians are seen totally against the response of military. According to their views in

chart politicians considered Musharrf‘s policies just a slogan not sincerity.

Q.6. Why retired military officers of US are successful in politics but not in Pakistan?

260
 6.C
40
35
30
political culture of pakistan is not
25
developed
20
15 Retired military officers had no
10 interests in politics
5 people never accepted these
0 military men in politics
strongly agree agree disagree strongly
disagree

In this question statement of the politicians are totally equal with the military&

intellectuals.

Q.7. Doctrine of necessity was?

7.C
60
50
40 the safety of the federation
30
protection of military
20
10
reintroduction the free and fair
0 political culture
strongly agree agree disagree strongly
disagree

According to the politicians ‗Doctrine of Necessity‘ was only for military‘s

legitimacy. Views of the politicians are same like the intellectuals and are totally against

the military.

Q.8.Military did not interrupt in India because?

261
 8.C

40
30 political institutions and
leadership are strong
20
militay is loyal to the government
10
0
people do not like the military
strongly agree agree disagree strongly intervention
disagree

All the classes are equally agreeing on Indian case.

Judiciary

Q.1. what should be the nature of civil military relations?

1.D
50
40
military must follow the civilian
30 government
20 mutual understanding is better
10
government must follow the
0 military approved policies
strongly agree agree disagree strongly
disagree

Adopted manner of judiciary is same like army in 2 nd sub-question other options are same

of judiciary like intellectuals and politicians.

Q.2. why did civil military relations remain strained in past (in Pakistan)?

262
 2.D
60
50
40 lack of political leadership
30
20 military showed interest in
politics
10
0 both departments(military &
civil) crossed their limitations
strongly agree agree disagree strongly
disagree

Judiciary is also seen agree that Pakistan faced problems due to the lack of political

leadership, military showed interest in politics & both the departments crossed their

limitations and this response of judiciary is totally against the nature of military.

Q.3. Why did military introduce such controlled democracy?

3.D
40
35
30 political elites were not in the
25 position to run the
20 administration
military secured itself with
15
this system
10
5 the controlled political system
0 was suitable to the masses of
strongly agree agree disagree strongly pakistan
disagree

Judiciary remarks are that politicians were unable to run the administration.

Military secured itself with this controlled democracy. Judiciary is also seen disagree about

the controlled political system of the military.

Q.4. Why did Zia-ul-Haq conducted non party based elections?

263
 4.D
40
35
30 zia had no trust over the political
25 parties
20
15 At that time PPP was famous and
10 Zia did not like it
5
0 Afghan war could not be managed
by the political leaders
strongly agree agree disagree strongly
disagree

Judiciary is also agreeing that political parties including PPP were disliked by Zia.

Politicians could handle the Afghan war.

Q.5. The enlightenment of Musharraf was?

5.D
40

30 the need of the hour (like

islamization of Zia)
20 just a slogan
10
A tool for strengthening the
0 democracy
strongly agree agree disagree strongly disagree

Judiciary‘s response about Musharrf‘s policies is just a tool to run the

administration it was not a sincere attitude for the democracy of Pakistan. Judiciary is also

seen with the class of politicians and intellectuals and against the response of military.

Q.6. Why retired military officers of US are successful in politics but not in Pakistan?

264
 6.D
40
30 political culture of pakistan is not
developed
20
Retired military officers had no
10 interests in politics
0 people never accepted these
strongly agree agree disagree strongly military men in politics
disagree

All the classes including judiciary agree that political culture of Pakistan is not

developed. People accepted these retired military men but these military men did not show

serious interest in politics. Q.7. Doctrine of necessity was?

7.D
60
the safety of the federation
40

20 protection of military
0
reintroduction the free and fair
strongly agree agree disagree strongly
political culture
disagree

Judiciary‘s response is also that ‗Doctrine of Necessity‘ was just a tool to secure

military which is against the nature of military response.

Q.8.Military did not interrupt in India because?

265
 8.D
40
political institutions and
30 leadership are strong
20 militay is loyal to the
10 government

0 people do not like the military

intervention
strongly agree agree disagree strongly disagree

All the classes are blindly agreed on India case that India is advance than Pakistan

in democratic culture.

After compiling the results of survey from four classes (intellectuals, military,

politicians & judiciary), military is seen different in its objectives, it secured itself and kept

at distance, and its response is seen institutional response as usual. But the response of

intellectuals, politicians and judiciary is seen almost same. Institutional thinking is still

unmatchable which is harmful for future of democracy; democratic culture can be

promoted with the help of unique thinking.

Findings

• A gap between the theory and practice is seen in the political system of Pakistan.

• Absence of political culture is seen

• Non-organized political parties remained the main reason of this severe situation.

• Lack of political leadership allowed the militaryto intervene.

• After coming in power military showed interest to remain in power.

• Provincialism not allowed the democracy to prop up.

• Big powers not relied over the civilian governments to fulfill their objectives.
• Institutions could not realize their powers they remained reluctant to improve

themselves.

266
Suggestions &Recommendations

From very early years of independence, Pakistan faced enormous setbacks in

political system which also became a reason of weakness of all other institutions except

the military. Pakistan military inherited strong institutional traits from ex-colonial masters.

This landmark difference with other institutions slowly and gradually drew military to civil

affairs and after a short period of eleven years. Military derailed the already trembling

political setup and controlled the political powers. It was the first experience of Pakistan

military to taste the political power and then for several times intervened in politics

derailing the existing political setup. In contemporary era of the democratic setup, it is

necessary that political power should be under the control of people‘s representatives to

encourage and strengthen this trend in Pakistan. The researcher suggests the following

recommendations for the promotion of democratic system.

1. There should be strong political institutions in Pakistan to prevent the country from

further destabilization. It is necessary to make our institutions strong and stable.

Political institutions should show maturity in their spheres to discourage further

military intervention in Pakistan. Only strong participant political culture in the

country can do it. The strong political governments in the world are the best

examples where military can not intervene in politics so far. It is necessary to make

Pakistan strong on political basis through co-operation of all the politicalparties,

constructive opposition, dispassionate political leaders, good and seedy delivery to

people demands, these are the main requisites on political institutional level to make

it bold against any malpractices.

267
2. Media is considered as the fourth pillar of the government. For the successful

democratic system, it is very important that media should play its due role. Media

is that agent which creates awareness among the people and provides knowledge

about their rights and duties. Media has a strong check on government activities

and suggests feedback of these policies. It is an important tool of the information

of public opinion. Media should play its constructive role in propagating its political

culture so that non-democratic forces must be discouraged. In current Pakistani

volatile political culture, it is the need of the hour that media must be unbiased and

neutral so that democratic system can flourish and military may not get a chance to

intercept once again.

3. In Pakistan, since its independence, foreign elements always remained active,&

Pakistan remained host in the international issues which attracted big powers

especially US to have its stay in the state affairs of Pakistan. Pakistan being on

strategic position created many enemies; to overcome enemies, it involves with

super power military camps. This encourages them to have stay in Pakistan politics.

Under this shadow military always justified its takeovers that there was an external

danger to the state sovereignty. Traditional and old time enmities must be changed

into friendship for better future of the poor masses of this state.

4. Organized political parties are the spirit of pure democracy; political parties can

play an important role in the democratic setup of the state. Political parties

aggregate the interests of the peoples and act according to the wishes of the people.

For the successful democratic setup of the state it is very important that the political

parties must be well organized and strong enough to act according to the wishes of

268
 the people. Unfortunately, Pakistan‘s political system lacked gross root level

political parties are personality based groups that control political power for a short

period; they lacked clear cut character and agendas to attract masses and bring

massive change into the existing traditional political culture. Enormous corruption,

nepotism and inter party revelries have created an atmosphere of hatred among the

people. This instability and absence of political morality provide a chance to

military to intervene in politics. Therefore, it is necessary that Pakistani political

parties must be organized and shall made people oriented. When political parties

are strong and people have trust on them then non-democratic forces would be not

in position to get away democratic process.

5. Pakistan since the demise of Quaid-e-Azam Mohammad Ali Jinnah and Liaqat Ali

Khan, faced sever dearth of political leadership. The echelon of power has been

mostly remained in the hand of the corrupt and incapable political leaders. This has

been the main problem which always attracted the military to intervene in politics.

To bring the talented and able political leadership to the national scene is the

urgency of the time. Therefore, it is necessary to educate the masses and make them

aware on all respects to choose the rights. To choose the patriotic leaders who cope

with the situation. If there were strong and patriotic leadership in the country, the

political system would never fell into the debris of the military coups. Only a strong

and well educated leader can manage the situation and can

put the state on right direction, both eternally and externally. Graduation condition

for parliament candidates must be reinstalled.

269
6. Strong and independent judiciary is compulsory for the survival of the state.

Judiciary is the main organ of the government. It is the judiciary which can play the

main role to declare any unconstitutional move illegal and to save the constitution.

But unfortunately, the weak judiciary from beginning molded the way and legalized

every military coup. All these favors of judiciary to the military role make debris

of the laws. If there were strong, free and independent judiciary, there had been no

such menace of military adventurism and democratic setup would flourish well in

the country. It is the need of the hour to make the judiciary strong, impartial, free

and fair independent judiciary to resist strongly any unconstitutional move by the

army in the country.

7. Party elections must be according to the procedure.A psychological test of the

politicians must be for their recruitment like public employees. Military officers

must come in politics after retirement or resignation.

8. Government must develop open forum in which the military issues may be

brought to light.Oath script must be revised for civil and political leaders only for

the safety and service of Islamic Republic of Pakistan.

9. Government should not call the military to perform internal security and avoid

using military as a domestic political instrument.Only professional officers must be

promoted in civil and military departments.Civil bureaucracy must never bear the

military pressure.Pay package of Pak military must be like the Indian army.

Military must be answerable to the civil government like other developed states.
10. National Security Council must not be more than advisory council like the patterns

set by India and Turkey. The main duty of parliament is legislation. Parliament can

improve its functioning by making new laws according to the situation. For this, it
270
 can make an advisory body which can consist of literate youths for innovations of

ideas.Encourage the multi-partisan collaboration for defense and prosperity of this

state.National security should have an exclusive session weekly about the problems

of the country. All parliamentary sessions should be live on television for further

suggestions and implementations. There must be a proper supervision of

government agendas, bills and budget sections for economic wellbeing of society.

After studying the structure of the civilian governments during the military regimes

it has become clear that political leaders were not able to handle the situation, military came

to fill this gap. When military came to power, it always made its mind to remain in power

for longer times. For gaining this objective, it pressurized the judiciary to legitimate it,

amended the constitution. In short, not a sincere effort has been made to strengthen and

cultivate the pure democratic culture of Pakistan from both the groups (military &

politicians).

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 xxxvi, no. 7

Appendix-1

CONSTITUTION of Pakistan, 1973 (EIGHTH AMENDMENT) ACT, 1985

An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan,
Extraordinary, 11th November, 1985]
The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th November,
1985, and is hereby published for general information:-

Whereas it is expedient further to amend the constitution of the Islamic Republic of Pakistan for the purposes
hereinafter appearing;

It is hereby enacted as follows:

1. Short title and commencement.

(1)This Act may be called the Constitution (Eighth Amendment) Act, 1985.
(2)It shall come into force at once, except section 19 which shall come into force on the day on
which the Proclamation of the fifth day of July, 1977, is revoked.
2. Amendment of Article 48 of the Constitution.
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in
Article 48,-
(a) In clause (1),-(i)for the commas and words ",the Prime Minister, or appropriate Minister" the
words "or the Prime Minister" shall be substituted; and(ii)for the proviso the following shall be
substituted, namely :"Provided that the President may require the Cabinet or, as the case may be,
the Prime Minister to reconsider such advice, either generally or otherwise, and the President
shall act in accordance with the advice tendered after such reconsideration.";

284
 (b) In clause (2), after the words "do so", at the end, the words "and the validity of anything done by
the President in his discretion shall not be called in question on any ground whatsoever" shall be
added;
(c) Clause (3) shall be omitted; and
(d) Clause (5), in paragraph (a), for the words "one hundred" the word "ninety" shall be substituted.
3. Amendment of Article 51 of the Constitution.
In the Constitution, in Article 51, in clause (4), for the word "second" the word "third" shall be
substituted.
4. Amendment of Article 56 of the Constitution.
In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely: "(3)At
the commencement of the first session after each general election to the National Assembly and
at the commencement of the first session of each year the President shall address both houses
assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons.
5. Amendment of Article 58 of the Constitution.
In the Constitution, in Article 58,--
(a)in clause (1), in the Explanation, for the words "resolution for a vote of no confidence has been
moved" the words "notice of a resolution for a vote of no-confidence has been given" shall be
substituted; and
(b)for clause (2) the following shall be substituted, namely:
"(2)Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve
the National Assembly in his discretion where, in his opinion,
(a) a vote of no-confidence having been passed against the Prime Minister, no other member of the
National Assembly is likely to command the confidence of the majority of the member‘s of the
National Assembly in accordance with the provisions of the Constitution, as ascertained in a session
of the National Assembly summoned for the purpose; or
(b) a situation has arisen in which the Government of the Federation cannot be carried on in
accordance with the provisions of the Constitution and an appeal to the electorate is necessary.
6.
Amendment of Article 59 of the Constitution
In the Constitution, in Article 59-
(a)in clause (1), in paragraph (c), for the word "chosen" the word "elected" shall be substituted:
(b)in clause (3),
(i)for paragraphs (a), (b) and (c); the following shall be substituted, namely
"(a)of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration
of the first three years and seven shall retire after the expiration of the next three years;
(b)of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the
expiration of the first three years and four shall retire after the expiration of the next three years;
(c)of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the
expiration of the first three years and two shall retire after the expiration of the next three years;
(d)of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the
expiration of the first three years and three shall retire after the expiration of the next three years".
(ii)in the proviso, the words "or chosen" shall be omitted; and (c)clause (4) shall be omitted.
7.Amendment of Article 60 of the Constitution.
In the Constitution, in Article 60, in clause (2), for the word "two" the word "three" shall be
substituted.
8.
Amendment of Article 75 of the Constitution.
In the Constitution, in Article 75,-
(a)in clause (1), for the word "forty-five" the word "thirty" shall be substituted; and
(b)for clause (2) the following shall be substituted, namely ;-
"(2)When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be
reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or

285
 without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the
members of both Houses present and voting, it shall be deemed for the purposes of the
Constitution to have been passed by both Houses and shall be presented to the President and the
President shall not withhold assent therefrom."
9.
Amendment of Article 90 of the Constitution.
In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause
(1) renumber as aforesaid, the following new clause shall be added, namely:- (2)Nothing
contained in clause (1) shall—
(a)be deemed transfer to the President any functions conferred by any existing law on the
Government of any Province or other. Authority; or
(b)prevent the Majlis-e-Shoora (Parliament,) from conferring by law functions on authorities other
than the President.".
10.
Amendment of Article 91 of the Constitution.
In the Constitution, in Article 91,-
(a) after clause (2), the following new clause shall be inserted, namely:-
"(2-A)Notwithstanding anything contained in clause (2), after the twentieth day of March, one
thousand nine hundred and ninety, the President shall invite the member of the National Assembly
to be the Prime Minister who commands the confidence of the majority of the members of the
National Assembly, as ascertained in a session of the Assembly summoned for the purpose in
accordance with provisions of the Constitution."
(b)in clause (3), after the brackets and figure "(2)", the words, commas,brackets, figure and letter
"or, as the case may be, invited under clause (2-A)" shall be inserted; and
(c)for clause (5) the following shall be substituted, namely :-
(5)The Prime Minister. shall hold office during the pleasure of the President, but the President shall
not exercise his powers under this clause unless he is satisfied that the Prime- Minister. does not
command the confidence of the majority of the members of the National Assembly, in which case
he shall summon the National Assembly and require the Prime Minister to obtain a vote of
confidence from the Assembly,".
11.
Amendment of Article 101 of the Constitution.
In the Constitution, in Article 101,-
(a) in clause (1), for the words "in his discretion" the words "after consultation with the Prime
Minister." shall be substituted;
(aa)in clause (2), the proviso shall be omitted;
(b)clause (2-A) shall be omitted; and
(c)in clause (5), after the word "Governor", at the end, the words "in any contingency not provided
for in this Part" shall be added.
12.
Amendment of Article 105 of the Constitution.
In the Constitution in Article 105,- (a)in
clause (1),-
(i)for the comma and words ", Chief Minister or appropriate Minister" the words " or the Chief
Minister" shall be substituted;
(ii)for the first proviso, the following shall be substituted, namely:-
"Provided that the Governor may require the Cabinet or, as the case may be, the Chief Minister to
reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance
with the advice tendered after such reconsideration." and ,
(iii)the second proviso shall be omitted ;
(b)in clause (2), for the comma and words ", the Cabinet or a Minister" the words "or the Cabinet"
shall be substituted; and
(c)in clause (5), for the brackets and figure "(3)" the brackets and figure "(2) shall be substituted.

286
13.
Amendment of Article 106 of the Constitution.
In the Constitution in Article 106, in clause (4), for the word "second" the word "third" shall be
substituted.
14.
Amendment of Article 112 of the Constitution.
In the Constitution Article 112 shall be renumbered as clause (1) of that Article and:-
(a)in clause (1), renumbered as aforesaid, in the Explanation, for the word "resolution for a vote of
no-confidence has been moved" the words "notice of a resolution for a vote of no-confidence has
been given" shall be substituted; and
(b)after clause (1), renumbered and amended as aforesaid, the following new clause shall be added,
namely:-
"(2)The Governor may also dissolve the Provincial Assembly in his discretion but subject to the
previous approval of the President, where, in his opinion,-
(a) a vote of no-confidence having been passed against the Chief Minister, no other member
of the Provincial Assembly is likely to command the confidence of the majority of the members of
the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a
session of the Provincial Assembly summoned for the purpose ; or
(b) a situation has arisen in which the Government of the Province cannot be carried on in
accordance with the provisions of the Constitution and an appeal to the electorate is necessary.
15.
Amendment of Article 116 of the Constitution.
In the Constitution in Article 116,-
(a)in clause (2) for the word "forty-five" the word "thirty" shall be substituted and
(b)for clause (3) the following shall be substituted, namely;
"(3)When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by
the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial
Assembly, by the votes of the majority of the members of the Provincial Assembly present and
voting, it shall be again presented to the Governor and the Governor shall not withhold assent
therefrom.".
16.
Amendment of Article 130 of the Constitution.
In the Constitution, in Article 130,-
(a) after clause (2), the following new clause shall be inserted, namely:-
"(2-A)
Notwithstanding anything contained in clause (2), .after the twentieth day of March, one thousand
nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to
be the Chief Minister who commands the confidence of the majority of the members of the
Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in
accordance with the provisions of the Constitution:
Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the
twentieth day of March, one thousand nine hundred and eighty eight, in accordance with the
provisions of the Constitution."
(b)in clause (3), after the brackets and figure "(2)" the words, commas, brackets, figure and letter
"or, as the case may be, invited under clause (2-A)" shall be inserted; and
(c)for clause (5) the following shall be substituted, namely .-
"(5)The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall
not exercise his powers under this clause unless he is satisfied that the Chief Minister does not
command the confidence of the majority of the members of the Provincial Assembly, in which case
he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of
confidence from the Assembly."
17.
Amendment of Article 144 of the Constitution.

287
 In the Constitution, Article 144, clause (2) shall be omitted.
18.
Omission of Article 152-A of the Constitution.
In the Constitution, Article 152-A shall be omitted.
19.
Substitution of Article 270-A of the Constitution.
In the Constitution for Article 270-A the following shall be substituted, namely:-- "270-A
Affirmation of President's Orders, etc.
(1?)
The Proclamation of the fifth day of July, 1977, all President's Orders, Ordinances. Martial Law
Regulation Martial Law Orders, including the Referendum Order, 1984 (P.O. No 11 of 1984), under
which in consequence of the result of the referendum held on the nineteenth day December 1984,
General Muhammad Zia-ul-Haq became the President the day of the first meeting of the
Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41, the
Revival of the Constitution of 1973 Order 1985 (P.O. No. 14 of 1985), the Constitution (Second
Amendment) Order, 1985(P.O.20 of 1985) the Constitution (Third Amendment) Order, 1985 (P
O.No.24 of 1985) and all other laws made between the fifth day of July, 1977and the date on which
Article comes into force are hereby affirmed, adopted and declared notwithstanding a judgment of
any court, to have been validly made by competent authority and notwithstanding anything
contained in the Constitution shall not be called in question in any Court on any ground whatsoever;
Provided that a President's Order', Martial Law Regulation or Martial Law Order made after the
thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or
are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.
(2)All order‘s made, proceedings taken and acts done by any authority or by any person, which were
made, taken or done, or purported to have been made, taken or done between the fifth day of July,
1977, and the date on which this Article comes into force in exercise of the powers derived from
any Proclamation, President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders,
enactments, notification rules, orders or bye-laws, or in execution of or in compliance with any order
made or sentence passed by any authority in the exercise or purported exercise of powers as
aforesaid, shall, notwithstanding any judgment of any Court, be deemed to be and always to have
been validly made, taken or done and shall not be called in question in any Court on any ground
whatsoever.
(3)All President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactment,
notifications, rules, orders or bye-laws in force immediately before the date on which this Article
comes into force shall continue in force until altered, repealed or amended by competent authority.
Explanation. In this clause, "competent authority" means, -
(a)in respect of President's Orders, Ordinances, Martial Law Regulation Martial Law Orders and
enactments, the appropriate Legislature; and
(b)in respect of notifications, rules , orders and bye-laws, the authority in which the power to make,
alter, repeal or amend the same vests under the law.
(4)No suit, prosecution or other legal proceedings shall lie in any Court against any authority or any
person, for or on account of or in respect of any order made, proceedings taken or. act done whether
in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in
compliance with order's made or sentences passed in exercise or purported to exercise of such
powers.
(5)For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or
purporting to be made, taken or done by any authority or person shall be deemed to have been made,
taken or done in good faith and for the purposes intended to be served thereby.
(6)Such of the President's Orders and 0rdinances referred to in clause (1) as are specified in the
Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and
all other laws referred to in the said clause may be amended by the appropriate Legislature in the
manner provided for amendment of such laws.
Explanation. In this Article, "President's Orders" includes "President and Chief Martial Law
Administrator‘s Orders" and "Chief Martial Law Administrator‘s Orders.".
288
289
20.
Addition of new Schedule to the Constitution.
In the Constitution after the Sixth Schedule, the following new Schedule shall be added, namely:-

SEVENTH SCHEDULE
[Article 270-A(6)]
Laws to be amended in the manner provided for amendment of the Constitution.
PRESIDENT’S ORDERS
(1)The Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Re-naming and Administration)
Order, 1978 (P.O. No. 13 of 1978).
(2)The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order, 1979 (P.O.
No. 13 of 1979).
(3)The Pakistan Defence Officer's Housing Authority Order, 1980 (P.O.No.7 of 1980).
(4)The Foreign Currency Loans (Rate of Exchange) Order, 1982(P.O.No.3 of 1982).
(5)The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P.O. No. 1 of
1983).
(6)The Agha Khan University Order, 1983 (P.O. No. 3 of 1983).
(7)The National College of Textile Engineering (Governing Body and Cess) Order, 1983 (P.O. No.
11 of 1983).
(8)The Lahore University of Management Science Order, 1985
(P.O.No.25 of 1985).ORDINANCES
(1)The International Islamic University Ordinance, 1985 (XXX of 1985).

290
Appendix-2

P L D 1989 SC 166
FEDERATION OF PAKISTAN
V/S
MUHAMMAD SAIFULLAH KHAN
(a) Constitution of Pakistan (1973), Articles 58, 199 & 48:

Articles 199 & 58(2)(b) — Superior Judiciary is not prohibited to interpret and enforce the Constitution —
Action has to be taken in facts objectively — When an action is taken or power is exercised without any
―basis‖ or beyond the power conferred, or for extraneous consideration or a consideration has been taken
into account which was impermissible, the order as a whole would be without lawful authority. [p.756]B

Articles 58(2)(b) & 48(2) — Dissolution of National Assembly by the President — Satisfaction of the
President — Nature of — Whether satisfaction is ―subjective‖ or ―objective‖ or it is his ―discretion‖ or
―opinion‖, the President cannot exercise his powers under the Constitution on wish or whim — Blanket
coverage of validity and unquestionability of discretion under Article 48(2) not available — Court‘s
jurisdiction not expressly excluded.

The crux of the controversy in the present case was whether the order of the President dissolving the National
Assembly on 29.5.1989 was in accordance with the powers conferred on him under Article 58(2)(b) of the
Constitution. [p.756]C

Whether it is ―subjective‖ or ―objective‖ satisfaction of the President or it is his ―discretion‖ or ―opinion‖,

this much is quite clear that the President cannot exercise his powers under the Constitution on wish or whim.
He has to have facts, circumstances which can lead a person of his status to form an intelligent opinion
requiring exercise of discretion of such a grave nature that the representatives of the people who are primarily
entrusted with the duty of running the affairs of the State are removed with a stroke of the pen. His action
must appear to be called for and justifiable under the Constitution if challenged in a Court of Law. No doubt,
the Courts will be chary to interfere in his ―discretion‖ or formation of the ―opinion‖ about the ―situation‖
but if there be no basis or justification for the order under the Constitution, the Courts will have to perform
their duty cast on them under the Constitution. While doing so, they will not be entering in the political arena
for which appeal to electorate is provided for. [p.757]

It was contended that in spite of the fact that Article 58(2) states that ―Notwithstanding anything contained
in Clause (2) of Article 48″, the President may also dissolve the National Assembly in his discretion under
Article 58(2) and when he does exercise his discretion to dissolve the Assembly, the validity thereof cannot
be questioned on any ground whatsoever as provided for under Article 48(2). If the argument be correct then
the provision ―Notwithstanding anything contained in clause (2) of Article 48″ would be rendered redundant
as if it was no part of the Constitution. It is obvious and patent that no letter or part of a provision of the
Constitution can be said to be redundant or non-existent under any principle of construction of Constitution.
The argument may be correct in exercise of other discretionary powers but it cannot be employed with
reference to the dissolution of National Assembly. Blanket coverage of validity and unquestionability of
discretion under Article 48(2) was given up when it was provided under Article 58(2) that ―Notwithstanding
clause (2) of Article 48….‖, the discretion can be exercised in the given circumstances. Specific provision
will govern the situation. Caesar while declining to go to the Senate for reason extraneous to public office
when asked by the person directed to communicate his decision the cause thereof, said: ―The cause is in my
will: – I will not come: That is enough to satisfy the Senate‖. He lost his life. Therefore, however, powerful
the person or the office of the President may be he has to act like a reasonable person with common prudence

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and take his steps in life on solid foundations and reasons understandable by common people. Therefore, it
is not quite right to contend that since it was in his ―discretion‖, on the basis of his ―opinion‖ the President
could dissolve the National Assembly. He has to have reasons which are justifiable in the eyes of the people
and supportable by law in a Court of Justice.
The ―discretion‖ and formation of the ―opinion‖, of course, which are objectives realities. The ―discretion‖
or formation of ―opinion‖ cannot be based on illusions, fancy or whim. It is understandable that if the
President has any justifiable reason to exercise his ―discretion‖ in his ―opinion‖ but does not wish to
disclose, he may say so and may be believed or if called upon to explain the reason he may take the Court in
confidence without disclosing the reason in public, may be for reason of security of State. After all patriotism
is not confined to the office-holder for the time being. He cannot simply say like Caesar it is my will, opinion
or discretion. Nor give reasons which have no nexus to the action, are bald, vague, general or such as can
always be given and have been given with disastrous effects. Even if one reasons for the action is invalid. It
does in its entirety. [p.759]E

Article 58(2)(b) — Dissolution of National Assembly by the President on the ground that ―the objects and
purposes for which the National Assembly was elected had not been fulfilled‖ — Reason given by the
President being too wide does not hold water. [p.760] F&G

Dissolution of National Assembly by the President on the ground that the law and order in the country had
been broken downs to an alarming extent resulting in tragic loss of innumerable lives as well as loss of
property. — Held, law and order problem was to be tackled under the Constitution by Emergency Power
provided under Part X of the Constitution; law and order problem was perennial and dissolution of National
Assembly on such as ground was a big dose for a minor disease.[p.760]H

Dissolution of National Assembly by the President on the ground that ―the life, property, honour and security
of citizens of Pakistan had been rendered totally unsafe and integrity and ideology of Pakistan had been
seriously endangered‖ — Held, ground was patently too wide and generally which could be advanced any
time. [p.760]I

Dissolution of National Assembly by the President on the ground that public morality and deteriorated to an
unprecedented level — Held, on such a general ground which keeps changing from generation to generation
drastic action of dissolving the highest representative legislative body could not be upheld. [p.760]J

Dissolution of National Assembly by the President on four different grounds — Grounds given for dissolution
of National Assembly were vague, general or non-existent and could always be passed at any time — Effect
— Constitution does not envisage dissolution of Assembly at will — Held, even if one ground was wide,
vague, general, non-specific or non-existent, the whole order had to fall and order of dissolution could not be
sustained.

The grounds given for dissolution of National Assembly and the Provincial assembly of Punjab were so
vague, general or non-existent that the orders were not sustainable in law. Such like orders could always be
passed at any time. The Constitution does not envisage dissolution of Assemblies at will. [p.751]NNN

Even if one ground is wide, vague, general, non-specific or on-existent, the whole order has to fall. If a person
takes into account, any three factors for coming to a decision and one is faulty or non-existent there is no way
of knowing that how much part the faulty or non-existent fact had played in the formation of the judgment
or opinion. Therefore, the whole order has to go. A perusal of the grounds mentioned for the dissolution of
National Assembly by the President would make it quite clear that these can be urged any time for dissolving
the National assembly. Such a Draconian discretion is not envisaged by the Constitution which provides for
free people. Only on 25th May, 1988, the President had called for the Session of the National Assembly. On
29th May, just four days later, he orders dissolution of the Assembly. What has happened within four days,
has not been disclosed. Court cannot fathom the hidden real reason. In these circumstances, it is not possible
to sustain the order of dissolution. [p.760]K

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Articles 58(2)(b) & 199 — Dissolution of National Assembly by the President — Word ―dissolution‖ —
Meaning and import — Dissolution though having been held as not sustainable, High Court, declined the
request of petitioners that dissolved Assemblies or the Cabinet be restored. – [Words and phrases]
What is to be done now? Should the dissolved Assemblies with pulsating heart the cabinet be restored as
contended by the petitioners? The word ‗dissolution‘ means per Chamber‘s Twentieth Century Dictionary:
―the breaking of an assembly; loosening, melting, break up, death‖. What has been done to death nobody on
earth can bring it to life. Fatal blow was struck. with no declaration the dead can come to life. Another fact
may be taken note of. The Assembly was elected by avoiding political parties from participation in the process
of election. All were demanding fresh elections. After the dissolution, everybody accepted the fact of
dissolution. No responsible person challenged the action, neither the leader of the House nor its Speaker. The
latter‘s support of the petitions is too belated. The entire nation is looking forward to the ensuring election,
including the leading members of the dissolved Assemblies. Petitioners were asked whether anywhere in the
world, dissolved Assemblies have been restored by a Court? They cited no example. We cannot be innovative
to frustrate the will of the people who are all geared to go to polls. It would be very unwise, unjudicious
exercise of discretion. It will be seen that the struggle of supremacy of principles — parliamentary form of
Government and federalism, over personal opinion of individuals — has been unremitting. In the process
liberty was lost by the majority of people living in what was East Pakistan. Submission to principles was
avoided but at what cost — humiliating defeat and surrender to enemy forces. Principles are again, seeking
acceptance, adoption and submission. Let no person coose to submerge them to satisfy his will. The Chairman
of the Senate, which body has survived the revenges of life, has taken over under the Constitution as Acting
President. He is the first person to come to power under a Constitution made not by him or under him but by
the people of Pakistan. He has promised that he would go by the Constitution. He will hold election on 16th
of November, 1988. He will transfer power to the elected representatives of the people. Here is a chance for
the nation to uphold principles and live peacefully with dignity. ―There is a tide in the affairs of men Which,
taken at the flood, leads on to fortune; Omitted, all the voyage of their life Is bound in shallows and in
miseries. On such a full sea are we now afloat, And we must take the current when it serves, Or loss our
venture.‖

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Sakespeare, Jullus Caesar Act IV -
Scene III

Articles 199 & 58(2)(b) — Dissolution of National Assembly by the President — Invocation of Constitutional
jurisdiction of High Court against dissolution of National Assembly — Laches — Effect — Petition raised
fundamental questions relating to interpretation and enforcement of the Constitution — Duty of Court, to
determine questions arising under the Constitution cannot be declined or abdicated because the judgment
may require consequential steps which call for political action or solution.

It may, however, be noticed that his plea not to examine the impugned orders as that would involve
determining political questions is not quite sound for the simple reason that the Courts have to interpret and
enforce the Constitution. May be the result of the examination would lead to political action but the
examination of the question relating to Constitution cannot be refused on the ground that it may lead to
consequences requiring
political action. It is the primary duty of the Court to determine questions arising under the Constitution and
this function cannot be declined or abdicated because the judgment may require consequential steps which
call for political action or solution. Therefore, having examined the questions raised and determining the
same, the restoration of the dissolved Assemblies and Cabinets was not allowed without entering into the
political arena.

Articles 48 & 58 — Dissolution of National Assembly by the President — Exercise of powers by the President
— Immunity — Extent — Whilst immunity from justiciablity is intended to attach to all action of the
President, which he may take in his discretion. If so empowered by the Constitution, the particular action
which he may take in his discretion, as stated in Article 58(2), is not immune from justiciability.

Under clause (1) of Article 48, the President, in the exercise of his functions, has to mandatorily act in
accordance with the advice of the Cabinet, or of the Prime Minister. By virtue of clause (2). This Article,
notwithstanding the fact that the President has to mandatorily act in accordance with the advice of the Cabinet
or the Prime Minister, the President can also mandatorily act in his discretion in respect of any matter in
respect of which he is empowered by the Constitution to do so, in which case the validity of anything done
by the President in his discretion cannot be called in question on any grounds whatsoever. Thus, in respect
of functions which the President can exercise under clause (1), immunity from questioning the validity of the
action is not provided. Where he acts under clause (2) of Article 58(2)(b), notwithstanding anything contained
in clause (2) of article 48, the President can also dissolve the National assembly in his discretion, where, in
his opinion, a situation has arisen in which the Government of the Federation cannot be carried on in
accordance with the provisions of the Constitution and an appeal to the electorate is necessary. The question
that arises is: What do the words ―notwithstanding anything contained in clause (2) of Article 48″ mean?
Do they take away the immunity provided in clause (2) of article 48, or they only clarify by way of abundant
caution that the power is within the general category to the immunity. It is true that a non obstrante clause
can create an exception, where there is a conflict between two provisions, or it may be clarifying of the
original position and introduced only by way of abundant caution. Clause (2) of Article 48 does not delineate
any specific power, but refers to a general category of powers designated as discretionary, where the President
acts in respect of any matter in respect of which he is empowered by the Constitution to do so. In respect of
such discretionary powers, immunity from questioning their validity is provided. If the power given to the
President under sub-clause (b) of the clause (2) of Article 58 was intended to be within the general category
provided by clause (2) of Article 48, there was no necessity to prefix the non obstante clause with sub-clause.
By adding the non obstante clause, it cannot be said that the object of the legislature was to clarify the general
category and that the addition was only by way of abundant caution, so as not to limit the scope of the general
category. This reasoning would apply if the two provisions relate to two specific powers. Since clause (2) of
article 48 only illustrates a general category and clause (2) of Article 58 refers to a specific power, the non
obstante clause was obviously intended to create an exception to the immunity provided in clause (2) of
Article 48. This is also obvious from the proceedings of the Debate held in the National Assembly on 16th
October, 1985, in respect of the Constitution, (8th Amendment) Bill. [p. 772]

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The reference from the speech of the then Prime Minister, in the National Assembly, therefore, is clear that
the power under clause (2) of Article 58 was not intended to fall within the category of clause (2) of Article
48, but rather was to be treated as exclusive of that power, in short, what was sought by the then Prime
Minister in the National Assembly was the freedom from immunity, as provided by clause (2) of article 48.
Thus shorn of all complexities, clause (2) of Article 58 means that notwithstanding the general power of the
President, as contained in clause (2) of Article 48, to act in his discretion in respect of any matter in respect
of which he is empowered by the Constitution to do so, which act is immune from judiciability, he can also
dissolve the National Assembly in his discretion under this clause, for reasons given in sub-clause (a) and (b)
thereof, and since no immunity as in clause (2) of Article 48 is provided, in this case no immunity shall apply.
Comparing both the provisions, it is obvious that whilst immunity from justiciablity is intended to attach to
all actions of the President, which he may take in his discretion, if so empowered by the Constitution, the
particular action which he may take in his discretion, as stated in clause (2) of Article 58 of the Constitution,
is not immune from justiciability. This is the effect f the non obstante clause contained in clause (2) of Article
58. It appears that when the Majlis-e-Shoora (Parliament) granted the President power under the Constitution
to dissolve the National Assembly in his discretion, it made sure that the President‘s action would be
justiciable. This is the effect of the opening words ―notwithstanding anything contained in clause (2) of
Article 48″ pre-fixed to clause (2). But for these words, immunity from justiciability would have attached to
the President‘s action under clause (2) of Article 58. [p.772]

Article 48(2) — Exercise of powers by the President under Article 48(2) — Immunity from judicial scrutiny
is not available in respect of actions under Article 48(2). [p.774]Y

Article 58(2)(b) — Dissolution of National Assembly by the President — Justiciability of action — Opinion
of the President under Article 58(2)(b) is a condition precedent to the exercise of discretion — If it can be
shown that there were grounds, having a nexus with the Constitutional requirements, however, slim or flimsy
they may be, the Court would not interfere — When it can be shown that there was no material, or extraneous
material on the basis of which the opinion was reached, the exercise of the power by the President would be
unconstitutional. The next question whether the immunity from challenging the validity of the action
provided under clause (2) of Article 48 is immunity inter se the President, on the one hand, and the Cabinet,
or the Prime Minister, on the other, or immunity from the action being called in question in a Court. Where
immunity from legal action is provided, it is explicity mentioned that the validity of the action will not be
called in question in any Court. Thus, immunity from judicial scrutiny of Courts is thus not available in
respect of actions under clause (2) of Article 48. Certain facts and circumstances have to be present before
an opinion can be framed by the President. Since the satisfaction of the President under Article 58(2)(b) of
the Constitution is subjective and cannot be tested by reference to any objective tests, it may lead to the
interference that the opinion perhaps cannot be challenged, but there is no dispute to the general rule that
facts and circumstances on which the opinion has to be formed can be subjects to judicial scrutiny. [p.774]Z

Just because the question is of a political nature, the Court cannot hold its hands off, but it can go into the
question whether the person or authority under the Constitution that has the power to form the opinion has
acted within the limits of its power or exceeded it. [p.774]AA

The rule that political question, as far as possible, should not be decided by Courts, has primarily sprung up
from decisions of Courts taken in respect of cases under Article 234 of the Constitution, where the action of
the President is subject to the ratification of Parliament, and where it is generally felt proper to leave the
decision of such questions for the decision of Parliament, or where election has been ordered, to the will of
the people. even otherwise, this rule is losing ground, due to the reason that Constitutional mechanism in a
democratic polity does not contemplate existence of any function which qua the citizens may be designated
as political, so that orders made in exercise thereof cannot be tested for their validity before the Courts.
[p.774]BB

Where a political question is tied up with the question of constitutional rights or obligations, the Court must
look into it. If it is not so tied up, the Court may abstain from enquiring into it. [p.7725]CC

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Article 58(2)(b) — Exercise of powers by the President to dissolve the National assembly — Legal
requirements.

Sub-clause (b) of clause (2) of Article 58 of the Constitution of Pakistan, 1973 clearly shows that before the
President can exercise his discretion to dissolve the National Assembly, he must first form an opinion that a
situation has arisen in which the Government of the Federation cannot be carried on in accordance with the
provisions of the Constitution and that appeal to the electorate is necessary. It is obvious that before any such
opinion can be formed, circumstances should be present which show that a situation has arisen in which the
Government of the Federation cannot be carried out in accordance with the provisions of the Constitution
and that it is also necessary and desirable that the country should go to the polls, because an appeal to the
electorate is necessary. The legal requirements, therefore, appear to be: First, that certain facts and
circumstances raising a political issue concerning the future existence of the life of the National Assembly
have arisen; Second, that such facts and circumstances are so apparent, visibly verifiable or manifest that on
the principle of res ipsa loquitur they can be accepted, or that they are known to the President through
verifiable sources‘s or that some summary or report or written information prepared for or at the instance of
the President has been submitted to or seen by him, which discloses the same; Third, that in the opinion of
the President honestly formed as to the existence of such facts, they in the fair judgment, disclose that a
situation has arisen in which the Government of the Federation cannot be carried on in accordance with the
provisions of the Constitution and that it is also necessary that an appeal to the electorate is necessary and the
whole of the nation must be plunged into election fever and the country must be burdened with the huge
expense of going to the polls; and Fourth and last, that in the discretion of the President, it is necessary to
dissolve the National Assembly. [p.776]GG

Article 58(2)(b) — Dissolution of National Assembly by the President — Situation in which the Government
of the Federation cannot be carried on in accordance with the provisions of the Constitution.

The main question that arises in this case is when can it be said that a situation has arisen in which the
Government of the Federation cannot be carried on in accordance with the provisions of the Constitution.
The expression ―Government of the Federation‖ is not limited to any one particular function, such as the
executive, the legislative, or the judicial, but includes the whole functioning of the Federal Government in all
its ramifications. It cannot be forgotten that sub-clauses (a) and (b) of clause (2) are juxtaposed together and,
therefore, sub-clause (b) has to be read in harmony with the intention behind sub-clause (a), in short, whether
a political issue has arisen demanding the ascertainment of the will of the people as regards the continuance
of the National Assignably. Thus, where the National assembly is beset with internal dissensions and
problems and the party allegedly in power does not have a clear majority, or having tenuopus support from
its members, is not able to carry on the functions of the Government with confidence, and is avoiding to take
important decisions, which require to be taken, for fear that it may be outvoted, in case a debate is held in
respect thereof, a situation can be stated to have arisen in which the Government of the Federation cannot be
carried on in accordance with the provisions of the Constitution. A few further instances can also be given,
such as, where the Government has been defeated in the Assembly and the Prime Minister does not want to
step down, or political groupings are such that even attempts by the President to form a coalition Government
and get a working majority have not been successful and as alternative Government can be formed. It is
difficult to conceive of a case where a major party having a stable Ministry in the saddle can be stated to have
lost its functional ability, but in a rare case where the national mood has changed, it may be so figuratively
treated, such as where a quick shift in the national mood placed party in power at the Centre and the Provincial
assemblies which had stable Governments controlled by the ruling party, were dissolved to give the people
in the said Provinces a further right to express their current feelings due to the recent shift in their mood.
What is intended by the language of subclause (b) of clause (2) is the failure of the functional working of the
National Assembly, through Ministers belonging to the majority party, because they are not able to run the
Government with confidence and courage. Nothing can be read into clause (b) to show that the failure on the
part of the party in power in the National assembly to effectively carry out the directions or recommendations
of the President, or any particular policy or programme promised by them in their manifesto, or to
satisfactorily enforce some of the provisions of the Objectives Resolution or Principles of Policy, can be
taken into consideration for the dissolution of the National Assembly, for these are abstract matters on which

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no honest judgment can be formed and otherwise too they would be dependent on facts which are relatively
variable and which have no nexus with the functional working of the Assembly. What is covered by sub-
clause (b) is the functional working of the party in power, for where it has strength, it effectively controls
legislative and executive functions, and where it is weak, it cannot effectively do so. The primary condition,
therefore, is whether the circumstances are such that the functional working of the National Assembly is
impaired; for if the party in power commands the widest support in the National Assembly. It has the right to
run the Government, and where it has no such support, or has lost sit, it must leave, whatever supportive
conditions are there, by themselves they have no value, unless they serve the primary condition. [p.777]HH

Article 58(2)(b) — Dissolution of National Assembly by the President — Circumstances prevalent on the
date of dissolution and question of a political issue of a nature facing the country threatening the life of the
National assembly judicially examined — Held, primary basis on which the National assembly could have
been dissolved was non-existent.

The most important question that arises in the present case is what were the circumstances prevalent on or
before 28th May, 1988, when the National Assembly was dissolved, was the a political issue of a nature
facing the country threatening the life of the National Assembly. It cannot be forgotten that the members of
the National Assembly represent four provinces, the Federally Administered Tribal Areas and the Federal
Capital, on the basis of population, and some seats reserved for the minority communities and women. The
Pakistan Muslim League party, after it decided to run its affairs on a party-based system, had the support of
an overwhelming majority of the members of the House. The party was not beset with internal dissensions
sour friction. Council of Ministers that had been installed had not suffered any major change. The popular
character of the party had not been disturbed nor compromised. On the contrary, it had won the byeelection
held in 1987, which showed the mood of the electorate in the Punjab, at least in having faith in the Pakistan
Muslim League. The President himself in his addresses to the National Assembly on 19th April, 1985, and
7th April, 1988, waxed eloquent about the purpose of the National Assembly amend the fact that it was
running the Government in accordance with the Constitution. The President, in exercise of his powers under
Article 54 of the Constitution, had also on 25th May, 1988, summoned a session of the National Assembly
for 8th June, 1988. The President would not have summoned the session, if the party was in the midst of any
turmoil the life of the National Assembly, one would expect many things to have happened, such as the
Ministry in power has lost its majority amongst the members, or internal dissensions and divisions have raised
their ugly head or prolific companying has begun among members for support to form a majority party, etc.
Such matters do not remain hidden. They are so apparent that they find full expression themselves in a
thousand ways. Nothing of the sort was present, either manifest or unmanifest. The political scene was stable
and placid like a frozen lake, with not a ripple of disturbance on its surface, all these are facts which the Court
can take judicial notice. It was held that the primary basis on which the National Assembly could have been
dissolved, was not there. [p.781]II

Article 58(2)(b) — ―Basic structure‖ theory — Scope of Article 58(2)(b) cannot be enlarged by any ratio of
rule similar to the ―Basic structure‖ theory, said theory having not been accepted by superior Courts of
Pakistan. Thus the scope of sub-section (b) of clause (2) of Article 58 cannot be enlarged by any ratio or rule
similar to the ―basic structure‖ theory, as pronounced in India. Even otherwise, this theory has not been
accepted by the Supreme Court or Pakistan in Fauji Foundation‘s Case – PLD 1983 SC 457.

The arguments of the learned Attorney-General on behalf of the Federation invoking this theory to expand
the horizons of sub-clause (b) of clause (2) of Article 58 cannot be accepted. Rather, the horizons of this sub-
clause can only be limited by the Parliamentary practice prevailing governing dissolution of assemblies, if
not by the limitation of the object for which it was made available to the President.

Article 58(2)(b) — Dissolution of National Assembly by the President — Order to be passed with extreme
caution by the President — Grounds for dissolving National Assembly being vague, based on extraneous
grounds and having no basis in law must be treated as not furnishing any reasonable grounds on which the
President could have formed an honest opinion, as required by the Constitution — Dissolution order being

297
ultra vires and unconstitutional was void and unsustainable and must be struck down. The National Assembly
was dissolved for the gounds given in the President‘s dissolution order itself, which states the reasonss as
follows:-

(i) That the objectives and purposes for which the National Assembly was elected had not been fulfilled;

(ii) that the law and order situation in the country had broken down to an alarming extent, resulting in
tragic loss of valuable lives as well as loss of property;

(iii) that the life, property, honour and security of the citizens of Pakistan had been rendred totally unsafe
and integrity and ideology of Pakistan had been serioursly endangered; and (iv) that public morality and
deteriorated to an unprecendented level;

as a result whereof, in the opinion of the President, a situation had arisen in which the Government of the
Federation could sot be carried on in accordance with provisions of the Constitution and an appeal to the
electorate was necessary. [p.782]KK

All the four grounds stated in the dissolution order have no nexus with the political question covered by sub-
clause (b) of clause (2) of article 58, namely, whether a situation has been whereby the functional working
of the National Assembly had become impaired and ascertainment of the will of the people has become
necessary. No further grounds have been stated. Thedissolution order, therefore, is based on extraneous
grounds and having no bais in law, must be treated as not furnishing any reasonable grounds on which the
President could have formed an honest opinion, as required by the Constitution. This being so, he could also
not have exercised his just discretion in the matter. A dissolution order under sub-clause (b) of clause (2) of
the ARticle 58 requires tos be passed with extreme caution, where the President, acting as a neutral and being
moderator, reasonably believes, from unchallenged facts within his purview, that the functional working of
the National Assembly is impaired and ascertainment of the will of the people has become necessary. The
dissolution order appears to have been passed in gross and disrespect or the mandatory provisions of the
Constitution. The dissolution order being ultra vires and unconstitutional, is void and unsustainable and must
be struck down. [p.783]LL

Articles 58(2)(b) & 199 — Dissolution of National Assembly and four Provincial Assemblies declared as
ultra vires and unconstitutional — Factors preventing Court from grant of relief detailed.

Articles 58(2)(b) & 48(2) — Order of dissolution of National Assembly by the President — Immunity —
Extent — Discretion of President is circumscribed by the object of the law that created it — Condition
precedent for exercise of discretionary powers in pursuance of Article 58(2)(b) — Power of President to form
an opinion under Article 58(2)(b) is not unfettered and discretion vested in him is not absolute.

Under sub-Article (2) of Article 48 the discretionary power exercised by the President in any matter, he is
permitted by the Constitution, to do so, is immune from challenge on any ground whatever. But this immunity
cannot be stretched to action taken by him under Article 58(2)(b) and there are weighty reasons for it. Sub-
Article (2) of ARticle 58 is prefixed with the expression ―Notwithstanding anything contained in clause (2)
of Article 48″, which gives Article 58(2)(b) an overriding effect over the provisions mentioned in the non
obstante clause. Ordinarily the purpose of employing such a non obstante clause is that the provision
embodied therein shall not be an obstacle to the full operation of the provision following it. It is, however,
noticeable that both Articless 48(2) and 58(2) more or less operate in the same field and both begin with the
non obstante clause. In such like cases it becomes the kduty of the Court, in so far as possible, to construe
the two conflicting provisions in a manner that they harmonise, there are two tests for resolution of such a
conflict. The inconsistency may be resolved on consideration of the purpose underlying the enactments and
theobject of appending non obstante clause thereto. The other rule usually applied is that the later enactment
cuts down the ambit of and prevails over earlier one. The extension of the later test to the case in hand would

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irresistibly lead to a conclusion thast Article 48(2) does not control Article 58(2) as both cannot co-exist. For
ascertaining the object of incorporation of non obstante clause in Article 58(2) a reference to the language of
this clause as sit existed before its amendment by the Constitution (Eighth Amendment) Act, 1985 appears
to be inapt. This clause when initially inducted into the Constitution under the revival of the Constitution
Order, 1973, runs as under:―The President may also dissolve the National Assembly when, in his opinion
an appeal to the electorate is necessary‖.

It is discernible from the extract of the debate of the National Assembly, that an ineradicable fear of the
exercise of an absolute dominance by the President as to the dissolution of Assembly loomed large in the
minds of the members. In this behalf the Independent Parliamentary group placed before the House a proposal
for amendment of ARticle 58(2).[p.788]PP

A speech made in the course of passing of an enactment does not carry much weight as an extrinsic aid to the
interpretation thereof as it does not reflect the inarticulate mental processes behind the majority vote which
carried the Bill. But the speech by the Prime Minister in the House was seemingly made by the Prime Minister
as a result of some agreement between the party in power and the opposite group and sheds light on the
reasons for the change in the language of Article 58(2). [p.789]QQ

There is no legal bar to make reference to the speech of the Prime Minister which unequivocally shows that
non obsdtante clause was added to Article 58(2) with the sole object of excluding the application of ARticle
48(2) granting immunity to exercise of discretionary powers by the President, there is thus, no merit in the
objection to the reviewability of the impugned orders on the plane of Article 48(2). [p.789]RR

The power to dissolve the National Assembly is explicitly recognised in the Constitution. To dissolve the
sovereign elected body like the National Assembly is the highest power, vesting in an individual, particularly
when sit is to be exercised at his discretion. But the discretion vesting in the President is not absolute; it is
qualified one. The discretion vesting in a public authority is always circumscribed by the object of the law
that creates it. [p.790]SS

There are conditions precedent for exercise of the discretionary powers in pursuance of ARticle 58(2)(b). In
the first instance the President has to formulate an opinion as to whether or not (i) the Government of the
Federation cannot be carried on, in accordance with the provisions of the Constitution, (ii) and an appeal to
the electorate is necessary. Needless to state that both the conditions must co-exist. The law-maker has used
expressions i.e., ―discretion‖ and ―opinion‖ in the same clause and that is not without any object. When in
relation to the same subject-matter two different words are included in the same Statute, there is a
presumption that they are not used to carry the same sense. The word ―opinion‖ conceiveably has been
inducted to delimit the scope of the discretionary powers. The President has to first form his opinion,
objectively and then, it is open to him to exercise his discretion one way or the other, i.e. some immunity
envisaged by Article 48(2) is available to the action under Article 58(2) that can possibly be only in relation
to ―discretion‖ and the ―opinion‖. A constitutional obligation is cast on the President, that before exercising
his discretion he has to form his ―opinion‖. [p.790]UU

Articles 58(2)(b) & 199 — Dissolution of National Assembly by the President — Grounds — Where grounds
are disclosed, their validity can well be examined through judicial intervention — When grounds are vague,
unintelligible and not germane to Article 58(2)(b), and also suffer from malice in law, order of dissolution
deserves to be struck down. [p.792]XX

GHULAM MUSTAFA KHAR V. PAKISTAN PLD 1988 LAHORE 49. Ref.

Articles 58(2)(b) & 199 — Dissolution of National Assembly by the President — Discretion of President —
Power of judicial review by the Courts.

299
The dissolution order pased in exercise of power under Article 58(2)(b) is not open to scrutiny before any
representative body such as Senate. This would furnish another ground for judicial review of the
unconstitutional orders of the President. [p.793]ZZ
The ouster of jurisdiction of Courts cannot readily be inferred because the provision seeking to oust their
jurisdiction even by a constitutional provision is to be construed strictly with pronounced leaning against
ouster. [p.793]AAA

FEDERATION OF PAKISTAN V. SAEED AHMAD KHAN PLD 1974 SC 151. Ref.

Article 58(2)(b) — Dissolution of National Assembly by the President — Judicial review — Whre some
functionary acts against the provisions of the Constitution, within the limits of jurisdiction conferred on him
under the Constitution. Courts may inevitable have to step in — Situation may arise that no relief other than
the judicial relief may be avaiable to the petitioner.

The Judges have to interpret law, without being motivated by political considerations. But, the Constitution
being supreme, all organs of the State owe their existence and derive their authority from it. Where some
functionary acts against the provisions of the Constitution. Constitution, the Courts may inevitably have to
stepin. A situation may arise that no relief other than the judicial relief may be available to the peoples. The
Judges do not decide cases in vacuum and at times their determinations may imperceptibly be shadowed by
political atmosphere with which the country is charged. But in some political situations a judicial duty to rule
upon the legal merits of the case may have to be accepted as an inescapable obligation or as the least of
evils.Despite the unsustainability of the orders of the President and the Governor, no relief by way of
restoration of Assemblies can be granted. [p.793]BBB

Article 199 — Laches — Few weeks delay, in cases involving Fundamental Constitutional issues, is hardly
of any significance. [p.793]CCC

Articles 48(5)(b), 58(2)(b) & 91(8) — Dissolution of National Assembly by the President — Care-taker
Government, envisaged in Article 48(5)(b), has to be headed by the Prime Minister — Amendment in the
prescribed Oath of Ministers of Caretaker Government, or adaptation thereof so as to substitute ―President‖
for Prime Minister is not permissible unless theConstitution is amended in accordance with the procedure
prescribed in Part XI of the Constitution.

Article 58(2)(b) — Dissolution of National Assemblly by the President — power of President in regard to
dissolution of National Assembly is hedged in with limitation. Whereas, the Prime Minister has a final say
in the matter of dissolution of the National Assembly the President is also given the power to dissolve it
subject to the all important formation of an opinion showing that a situation had arisen wherein the
Government of the Federation could not be carried on in accordance with the provisions of the Constitution
and an appeal to the electorate for fresh poll was necessary. Power of the President in regard to dissolution
of National Assembly is hedged in with limitations. [p.797]HHH

Articles 58(2)(b) & 199 — Dissolution of National Assembly by the President — Actiion of President
dissolving National Assembly is justiciable and can be examined whether the stated grounds had nexus with
the specified situation in Article 58(2)(b).

Articles 48(5), 58(2)(b) & 91 — Dissolution of National Assembly by the President — Appointment of
Caretaker Cabinet — Term ―Caretaker Cabinet‖ — Definition — To make the Caretaker Cabinet complete,
fresh appointment of Prime Minister is necessary — Function of Caretaker Cabinet — Limitations. [words
and phrases] [p.799]JJJ&KKK

MADAN MURARI VERMA V. CHAUDHRY CHARAN SINGH & ANOTHER AIR 1980 CALCUTTA
95; SIR IVOR JENNINGS-CABINET GOVERNMENT, THIRD EDITION P.85. Ref.

300
Article 199 — Constitutional jurisdiction — Laches — Question relating to coinstitutionality of actions —
Grounds of laches cannot prevail — [Laches]
On question relating to the constitutionality of actions the grounds of laches cannot prevail, for there can be
no estoppel against the Constitution and an act which is unconstitutional cannot become constitutional by
lapse of time, nor can it vest anyone with any kind of legal right to benefit from such an unconstitutional act.
[p.801]LLL

FAZLUL KADER CHOWDHRY & OTHERS V. MUHAMMAD ABDUL HAQUE PLD 1963 SC 686.
Ref.

Articles 58(2)(b), 112 & 199 — Dissolution of National Assembly by the President and Provincial Assembly
by the Governor on the stated grounds not sustainable — Prime Minister in the Caretaker Cabinet is essential
component — Consequent upon dissolution of the Assemblies, process set in motion in accordance with the
provisions of the Constitution and steps taken thereto not to be interrupted and interfered with — Relief for
restoration/reinstatement of dissolved Assemblies could not be made despite unsustainability of the order
dissolving the Assemblies and interference was declined and no direction was issued by the Court under
Article 199 of the Constitution of Pakistan. [p.801]MMM

Appendix-3
Text of Ordinance XX of 1984 - A law made by Zia-ul-Haq
TEXT OF MARTIAL LAW ORDINANCE XX OF 1984
Ordinance No. XX of 1984The Gazette of PakistanIslamabad, Thursday, 26 April
1984No.F.17(1)84Pub.
The following Ordinance made by the President is hereby published for general information:
An Ordinance to amend the law to prohibit the Quadiani group, Lahori group and Ahmadis from
indulging in anti-Islamic activities
WHEREAS it is expedient to amend the law to prohibit the Quadiani group, Lahori group and Ahmadis from
indulging in anti-Islamic activities:
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take
immediate action:
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all
powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:
PART I.
PRELIMINARY

301
1.Short title and commencement.
(1) This Ordinance may be called the Anti-Islamic Activities of the Quadiani Group, Lahori Group and
Ahmadis (Prohibition and Punishment) Ordinance, 1984.
(2) It shall come into force at once.
2.Ordinance to override orders of decisions of courts. The provisions of this Ordinance shall have effect not-
withstanding any order or decision of any court.
PART II.
AMENDMENT OF THE PAKISTAN PENAL CODE(Act XLV of 1860)
3.Addition of new sections 298B and 298C, Act XLV of 1860. In the Pakistan Penal Code (Act XLV of
1860), in Chapter XV, after section 298A, the following new sections shall be added, namely: 298B. Misuse
of epithets, descriptions and titles, etc., reserved for certain holy personages or places.
(1)Any person of the Quadiani group or the Lahori group (who call themselves ‗Ahmadis‘ or by any other
name) who by words, either spoken or written, or by visible representation,
(a)refers to, or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad
(peace be upon him), as ‗Ameer-ul-Mumineen‘ [Leader of the Faithful], ‗Khalifa-tul-Mumineen‘ [Caliph of
the Faithful], ‗Khalifa-tul-Muslimeen‘ [Caliph of the Muslims], ‗Sahabi‘ [Companion] or ‗Razi Allah Anho‘
[May God Be Pleased With Them];
(b)refers to, or addresses, any person, other than a wife of the Holy prophet (peace be upon him), as
‗Ummul-Mumineen‘ [Mother of the Faithful];
(c)refers to, or addresses, any person, other than a member of the family (Ahle-bait) of the Holy Prophet
Muhammad (peace be upon him), as Ahle-bait; or
(d)refers to, or names, or calls, his place of worship as ‗Masjid‘ [Mosque]; shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(2) Any person of the Quadiani group or Lahori group (who call themselves ‗Ahmadis‘ or by any other name)
who by words, either spoken or written, or by visible presentation, refers to the mode or form of call to prayers
followed by his faith as ‗Azan‘, or recites Azan as used by the Muslims, shall be punished with imprisonment
of either description for a term which may extend to three years, and shall also be liable to fine.
298C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith.- Any
person of the Quadiani group or the Lahori group (who call themselves ‗Ahmadis‘ or by any other name)
who directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or
propagates his faith, by words, either spoken or written, or by visible representations, or in any manner
whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable to fine.
PART III.-
AMENDMENT OF THE CODE OF CRIMINAL PROCEDURE, 1898 (ACT V OF 1898)
4. Amendment of section 99-A, Act V of 1898.--In the Code of Criminal Procedure, 1899 (Act V of 1898),
hereinafter referred to as the said Code, in section 99-A, in subsection (1),-
(a) after the words and comma., "of that class,", the words, figures, brackets, letter and commas "or any
matter of the nature referred to in clause (J) of subsection (1) of section 24 of the West Pakistan Press and
Publications Ordinance, 1963," shall be inserted ; and
(b) after the figure and letter ":95-A", the words, figures and letters "or section 298-A or section 298-B
or section 298-C" shall be inserted.
5. Amendment of Schedule II, Act V of 1898.--In the said Code, in Schedule II, after the entries relating to
section 298-A, the following entries shall be inserted, namely :-
"298-B. Misuse of epithets, descriptions and titles. etc., reserved for certain holy personages or places.
Not Bailable

302
Imprisonment of either description for three years, and fine.
298-C. Person of Quadiani group, etc., calling him* self a Muslim or preaching or propagating his faith.
Not Bailable
Imprisonment of either description for three years, and fine.
PART IV
AMENDMENT OF THE WEST PAKISTAN PRESS AND PUBLICATIONS ORDINANCE, 1963 (W. P.
ORDINANCE No. XXX OF 1963)
6 Amendment of section 24, West Pakistan Ordinance No.. XXX of 1963.--In the West Pakistan Press
and Publications Ordinance, 1963 (W. P. Ordinance No. XXX of 1963), in section 24, in subsection (1), after
clause (j), the following new clause shall be inserted, namely :-
(jj) are of the nature referred to in section 298-A, section 298-B or section 298-C of the Pakistan Penal Code
(Act XLV of 1860), or".

Appendix-4

Full Text of Gen. Musharraf's Speech to Pakistan

Monday, 18 October 1999, 9:53 am

TRANSCRIPT FROM DAWN.COM

Speech; 17 October, 1999
MUSHARRAF S SPEECH TO THE NATION
COMPLETED AT 2054 HRS DATED 17 OCT (PST)
Full Text (draft)
of the speech of the Chief Executive of
Pakistan General Pervez Musharraf delivered
today at 20:30 PST (15:30 GMT)
Bismillah -Ar-Rehman-Ar-Rahim
My dear countrymen, Asalam O Alaikum:
Pakistan today stands at the crossroads of its destiny - a destiny which is in our hands to make or break.
Fifty-two years ago we started with a beacon of hope. Today that beacon is no more and we stand in

303
darkness. There is despondency, and hopelessness surrounding us with no light visible anywhere around.
The slide down has been gradual but has rapidly accelerated in the last many years.
Today, we have reached a stage where our economy has crumbled, our credibility is lost, state institutions
lie demolished, provincial disharmony has caused cracks in the federation, and people who were once
brothers are now at each other's throat.
In sum, we have lost our honour, our dignity, our respect in the comity of nations. Is this the democracy our
Quaid-e-Azam had envisaged? Is this the way to enter the new millennium?
Let us not be despondent. I am an optimist I have faith in the destiny of this nation; belief in its people and
conviction in its future. We were not a poor nation as generally perceived. In fact we are rich. We have
fertile land that can produce three crops a year. We have abundant water to irrigate these lands and generate
surplus power. We have gas, coal and vast untapped mineral resources - and above all a dynamic and
industrious people. All these await mobilization. We have only to awaken, join hands and grasp our destiny.
For Allah helps those who help themselves.
My fellow Pakistanis, as you are aware I took over in extremely unusual circumstances - not of my making.
It is unbelievable and indeed unfortunate that the few at the helm of affairs in the last government were
intriguing to destroy the last institution of stability left in Pakistan by creating dissention in the ranks of the
armed forces of Pakistan. And who would believe that the Chief of Army Staff, having represented Pakistan
in Sri Lanka, upon his return was denied landing in his own country and instead circumstances were created
which would have forced our plane either to land in India or crash.
Providence ultimately intervened. Praise be to Allah that the plane landed safely when barely seven minutes
of fuel was left. I salute my soldiers and men for acting courageously in the supreme interest of the nation.
Most of all I salute our people who stood solidly with their armed forces at that critical hour. Quite clearly,
what Pakistan has experienced in the recent years has been hardly a label of democracy not the essence of
it. Our people were never emancipated from the yoke of despotism. I shall not allow the people to be taken
back to the era of sham democracy, but to a true one. And I promise you I will Inshallah.
My dear countrymen. The choice before us on 12th October was between saving the body - that is the nation,
at the cost of losing a limb - which is the Constitution, or saving the limb and losing the whole body. The
Constitution is but a part of the nation therefore I chose to save the nation and yet took care not to sacrifice
the Constitution. The Constitution has only been temporarily held in abeyance. This is not martial law, only
another path towards democracy. The armed forces have no intention to stay in charge any longer than is
absolutely necessary to pave the way for true democracy to flourish in Pakistan.
Ever since 12th October I have deliberated, carried out consultations and crystallized my views about the
future course to be adopted. I wish to share these with you today.
My dear countrymen, our aims and objectives shall be:

1.Rebuild national confidence and morale. 2.Strengthen the federation, remove inter provincial disharmony
and restore national cohesion. 3.Revive the economy and restore investor confidence. 4.Ensure law and
order and dispense speedy justice. 5.Depoliticise state institutions. 6.Devolution of power to the grass roots
level. 7.Ensure swift and across the board accountability.
Good governance is the pre-requisite to achieve these objectives. In the past, our governments have ruled
the people. It is time now for the governments to serve the people. The government I plan to institute shall
comprise:
Firstly - The President. On my request, President Rafique Tarar has very kindly agreed to stay.
Second - A National Security Council headed by the Chief Executive with six members. These members
will be Chief of Naval Staff, Chief of Air Staff, a specialist each in Legal, Finance, Foreign Policy and

304
national affairs. A think-tank of experts shall be formed as an adjunct to the National Security Council to
provide institutionalised advice and input.
Third - A Cabinet of Ministers who will work under the guidance of the National Security Council.
Four - The Provinces to be headed by a Governor, functioning through a small provincial cabinet.
All these appointments shall be made purely on the basis of professional competence, merit and
repute.The revival of the economy is critical. Our economy is in deep trouble and revolutionary steps are
needed to put it back on track. The Pakistani people were subjected to betrayal of trust. Their hard-earned
money was frozen or taxed in violation of State commitments. We need to restore this trust. To revitalize
our economy in addition to measures like recovery of the looted national wealth - a task that will be
ruthlessly pursued, I am identifying policy guidelines. Some of which are:
• Rebuilding of investors' confidence through stability and consistency in economic policies, and
economic security.
• The objective is to encourage the local investors, overseas Pakistanis and foreign investors.
• Increase domestic savings.

• Carry out pragmatic tax reforms.

• Turn around the state enterprises towards profitability.

• Boost agriculture and revive industry.

• Strict austerity measures.

The next aspect is accountability. Lack of accountability has resulted in corruption of horrendous
proportions, threatening the very basis of our society. The term `ehtesab' has been abused to an extent that
it has lost its meaning. There is thus a need to re-establish faith in the process of accountability.
The process of accountability is being directed especially towards those guilty of plundering and looting the
national wealth and tax evaders. It is also directed towards loan defaulters and those who have had their
loans re-scheduled or condoned. The process of accountability will be transparent for the public to see.
My advice to the guilty is to return voluntarily national wealth, bank loans and pay their taxes before the
hand of law forces them to do so with penalty. As a last chance I urge all defaulters to come forth and settle
their debts within a period of four weeks, after which their names will be published and the law will take
its due course. They owe this to Pakistan and I expect their spirit of patriotism to guide them.
Cementing the Federation is very vital. This will be achieved through devolution of power, from the centre
to the provinces and from the provincial to the local government as actually enshrined in the constitution.
Media forms an integral part of statehood in this era of information. I have great regard and respect for the
media; I trust it to play a positive and constructive role. I am a firm believer in the freedom of the press and
am even considering liberalising the policy on the establishment of private television and radio channels.
And now a few words on exploitation of religion. Islam teaches tolerance not hatred, universal brotherhood
and not enmity, peace and not violence, progress and not bigotry. I have great respect for the Ulema and
expect them to come forth and present Islam in its true light. I urge them to curb elements which are
exploiting religion for vested interests and bringing a bad name to our faith. I would like to reassure our
minorities that they enjoy full rights and protection as equal citizens in the letter and spirit of true Islam.
I wish to reassure the international community that there is no change in our foreign policy. We will continue
to honour international obligations and commitments, as in the past. It will remain our constant endeavour
to promote peace and stability in our region. We would like to maintain our abiding policy of friendship
and co-operation with all countries. The strengthening of brotherly ties with the Islamic countries will be a
central pillar of our foreign policy. We shall continue our efforts to achieve a just and peaceful solution in

305
Afghanistan. We wish to see a truly representative government in Kabul. We will maintain and further
reinforce our traditional and time tested friendship and co-operation with China. We attach the highest
importance to our friendly relations with all major powers, especially the United States.
Here I would like to mention two key areas of our external relations; International security and disarmament
and our relations with India. Pakistan has always been alive to international nonproliferation concerns. Last
year, we were compelled to respond to India's nuclear tests in order to restore strategic balance in the interest
of our national security and regional peace and stability. In the new nuclear environment in South Asia, we
believe that both Pakistan and India have to exercise utmost restraint and responsibility. We owe it to our
people and also to the world. I wish to assure the world community that while preserving its vital security
interests Pakistan will continue to pursue a policy of nuclear and missile restraint and sensitivity to global
non- proliferation and disarmament objectives.
As for relations with India, let me at the out-set congratulate Mr Atal Bihari Vajpayee on assumption of office
as the Prime Minister of India. I welcome his offer for friendly relations and positively reciprocate.
At the turn of the century, South Asia stands at a crucial juncture of its history, 20th Century saw our
transition to independence but the region has unfortunately remained mired in conflicts and economic
deprivation.
Together Pakistan and India can change this scenario. For this objective both must sincerely work towards
resolving their problems especially the core issue of Jammu and Kashmir. The people of Kashmir have
made great sacrifices for the achievement of their rights promised to them by the United Nations. We shall
continue our unflinching moral, political and diplomatic support to our Kashmiri brethren in their struggle
to achieve their right of self-determination.
India must honour the UN resolutions and its own commitment to the people of Kashmir. It must also end
its repression of the Kashmiri people and respect their fundamental human rights. Pakistan would welcome
unconditional, equitable and result-oriented dialogue with India. While, our armed forces are fully equipped
and ready to defend our national sovereignty and territorial integrity, it is our desire that the situation on our
borders with India and on the Line of Control should remain clam and peaceful. I take this opportunity to
announce a unilateral military de-escalation on our international borders with India and initiate the return
of all our forces moved to the borders in the recent past. I hope this step would serve as a meaningful
confidence building measure.
My dear countrymen, to conclude my address let me say that, we have hit rock bottom. We have no choice
but to rise, and rise we will, Inshallah. Our actions shall Inshallah speak louder than words. Therefore, my
countrymen let us rise to the occasion and seize the opportunity.
Before I close I would like to give you a personal commitment. I hereby undertake to declare my tax returns
and my assets to be documented, and open for public scrutiny.
And now I would like to share a prayer that I wrote for myself:
O Allah
I promise my nation sincerity, honesty, integrity and unflinching loyalty.
Give me the vision to see and perceive the truth from the false.
The wisdom to comprehend the problem and find its solution. The
courage to do justice and the and the strenght to do right.
May Allah be with us all. Aameen Pakistan
Paindabad.

306
307
Appendix-5

Constitution (Seventeenth Amendment) Act, 2003

A Bill further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the
purposes hereinafter appearing;

It is hereby enacted as follows:-

1. Short title and commencement:

(1) This Act may be called the Constitution (Seventeenth Amendment) Act, 2003 (2) It shall come into
force at once.

2. Amendment of Article 41 of the Constitution:

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in
Article 41,
(1) In clause (7), in paragraph (b), for the full stop at the end, a colon shall be substituted and thereafter
the following proviso shall be added, namely;
Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st
day of December, 2004.";
And
(2) After clause (7) amended as aforesaid, the following new clauses shall be added, namely:-
"(8) Without prejudice to the provisions of clause (7), any member or members of a House of
Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not
later than thirty days from the commencement of the Constitution (Seventeenth Amendment)
Act, 2003, move a resolution for vote of confidence for further affirmation of the President in
office by majority of the members present and voting, by division or any other method as
prescribed in the rules made by the Federal Government under clause (9), of the electoral
college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the
Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament)
and of each Provincial Assembly summoned for the purpose, and the vote of confidence
having been passed, the President, notwithstanding anything contained in the Constitution or
judgment of any court, shall be deemed to be elected to hold office for a term of five years
under the Constitution, and the same shall not be called in question in any court or forum on
any ground whatsoever.

(9) Notwithstanding anything contained in the Constitution or any other law for the time being in
force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated
and conducted by the Chief Election Commissioner in accordance with such procedure and
the votes shall be counted in such manner as may be prescribed by the rules framed by the
Federal Government:
Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for
the current term of the President in office."

308
3. Amendment of Article 58 of the Constitution:
In the Constitution, in Article 58, after clause (2), the following new clause shall be added, namely:-
"(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall,
within fifteen days of the dissolution, refer the matter to the Supreme Court and the
Supreme Court shall decide the reference within thirty days whose decision shall be final".

4. Amendment of Article 112 of the Constitution:

In the Constitution, in Article 112, after clause (2), the following new clause shall be added, namely:-
"(3) The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of clause
(2) shall within fifteen days of the dissolution refer the matter to the Supreme Court with the
previous approval of the President and the Supreme Court shall decide the reference within thirty
days whose decision shall be final."

5. Omission of Article 152 A of the Constitution:

In the Constitution, Article 152 A shall be omitted.
6. Substitution of Article 179 of the Constitution:
In the Constitution, for Article 179, the following shall be substituted, namely:
"179. Retiring Age-
A judge of the Supreme Court shall hold office until he attains the age of sixty five years, unless
he sooner resigns or is removed from office in accordance with the Constitution."

7. Substitution of Article 195 of the Constitution:

In the Constitution, for Article 195, the following shall be substituted, namely:
"195 Retiring Age-
A judge of the High Court shall hold office until he attains the age of sixty-two years, unless he
sooner resigns or is removed from office in accordance with the Constitution."

8. Amendment of Article 243 of the Constitution:

In the Constitution, in Article 243, in clause (3), for the words ―in his discretion‖ the words ―in
consultation with the Prime Minister‖ shall be substituted.
9. Amendment of Article 268 of the Constitution:
In the Constitution, in Article 268, in clause (2), for the full stop at the end, a colon shall be substituted
and thereafter the following proviso shall be added, namely:
Provided that the laws mentioned at entries 27 to 30 and entry 35 in the Sixth Schedule shall stand
omitted after six years".

10. Substitution of Article 270-AA of the Constitution:

In the Constitution, for Article 270 AA, the following shall be substituted, namely:- "270-
Validation and affirmation of laws etc.
AA (1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's Orders,
Ordinances, Chief Executive's Orders, including the Provisional Constitution
Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief

309
 Executive's Order No. 12 of 2002, the amendments made in the Constitution through the
Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal
Framework (Amendment) Order , 2002 (Chief Executive's Order No. 29 of 2002), the
Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of
2002) and all other laws made between the twelfth day of October, one thousand nine
hundred and ninety-nine and the date on which this Article comes into force (both days
inclusive), having been duly made or accordingly affirmed, adopted and declared to have
been validly made by the competent authority and notwithstanding anything contained in
the Constitution shall not be called in question in any court or forum on any ground
whatsoever.
(2) All orders made, proceedings taken, appointments made, including secondments and
deputations, and acts done by any authority, or by any person, which were made, taken or
done, or purported to have been made, taken or done, between the twelfth day of October,
one thousand nine hundred and ninety-nine, and the date on which this Article comes into
force (both days inclusive), in exercise of the powers derived from any Proclamation,
President's Orders, Ordinances, Chief Executive's Orders, enactments, including
amendments in the Constitution, notifications, rules, orders, bye-laws or in execution of or
in compliance with any orders made or sentences passed by any authority in the exercise or
purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court,
be deemed to be and always to have been validly made, taken or done and shall not be called
in question in any court or forum on any ground whatsoever.
(3) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws,
regulations, enactments, including amendments in the Constitution, notification, rules,
orders or bye-laws in force immediately before the date on which this Article comes into
force shall continue in force, until altered, repealed or amended by the competent authority.
Explanation: In this clause," competent authority" means,-
(a) in respect of President's Orders, Ordinances, Chief Executive's Orders and enactments,
including amendments in the Constitution, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power
to make, alter, repeal or amend the same vests under the law.

(4) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any
court or forum against any authority or any persons, for or on account of or in respect of
any order made, proceedings taken or act done whether in the exercise or purported exercise
of the powers referred to in clause (2) or in execution of or in compliance with orders made
or sentences passed in exercise or purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken ,
appointments made, including secondments and deputations, acts done or purporting to be
made, taken or done by any authority or person shall be deemed to have been made, taken
or done in good faith and for the purpose intended to be served thereby".

Statement of objects and reasons:

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This Bill seeks to amend Article 41, 58, 112, 152A, 179, 195, 243, 268 and 270 AA of the Constitution as
under:-
(a) Article 41 is sought to be amended to add a proviso to paragraph (b) of clause (7) and after clause (7)
amended as aforesaid, new clauses (8) and (9) have been added. Clause (8) provides for vote of confidence
in the President and clause (9) empowers the Federal Government to make rules for conducting vote of
confidence.

(b) Article 58 is sought to be amended to the effect that on dissolution of the National Assembly in terms of
paragraph (b) of clause (2) of Article 58, the President shall refer the matter to the Supreme Court.
(c) Article 112 is also being amended on the lines of amendment proposed in Article 58.
(d) Article 152 A is proposed to be omitted.

(e) Article 179 is proposed to be substituted.

(f) Article 195 is proposed to be substituted.

(g) The amendment in Article 243 substitutes the expression "in his discretion" with the expression "in
consultation with the Prime Minister".

(h) The amendment in clause (2) of Article 268 seeks to omit entries 27 to 30 and entry 35 in the Sixth
Schedule after six years.

(i) Article 270 AA is to be substituted for providing affirmation and continuation of all laws made and actions
taken between the twelfth day of October , 1999, and the day on which this Article comes into force.
12. The Bill seeks to achieve the aforesaid objects.

Source:: The Daily Times, http://www.dailytimes.com.pk/, December 30, 2003

Source:: Dawn - Internet Edition, http://www.dawn.com/, December 30, 2003, quoting APP.

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 Appendix-6

IN THE SUPREME COURT OF PAKISTAN

(Original Jurisdiction).

PRESENT:

Mr. Justice Iftikhar Muhammad Chaudhry, CJ.

Mr. Justice Javed Iqbal

Mr. Justice Sardar Muhammad Raza Khan

Mr. Justice Khalil-ur-Rehman Ramday

Mr. Justice Mian Shakirullah Jan

Mr. Justice Tassaduq Hussain Jillani

Mr. Justice Nasir-ul-Mulk

Mr. Justice Raja Fayyaz Ahmed

Mr. Justice Ch. Ijaz Ahmed

Mr. Justice Ghulam Rabbani

Mr. Justice Sarmad Jalal Osmany

Mr. Justice Muhammad Sair Ali

Mr. Justice Mahmood Akhtar Shahid Siddiqui

Mr. Justice Jawwad S. Khawaja.

CONSTITUTION PETITION NO. 09 OF 2009

Sindh High Court Bar Association through its Secretary.

….PETITIONER

CONSTITUTION PETITION NO. 08 OF 2009

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Nadeem Ahmed Advocate
….PETITIONER

VERSUS
Federation of Pakistan through Secretary, Ministry of Law
and Justice, Islamabad and others.
….RESPONDENTS

For the petitioner: Mr. Hamid Khan, Sr. ASC.

(Const.P.09/2009) Mr. Rashid A. Razvi, ASC.
Mr. M. S. Khattak, AOR
Assisted by
M/s Waqar Rana, Waheed Khalid Khan
& Haq Nawaz Talpur, Advocates.

For the petitioner: Mr. Muhammad Akram Sheikh, Sr. ASC.

(Const.P.08/2009) Assisted by
Barristers Ms Natalya Kamal &
Syed Shehryar, Advocates

For respondent No.1 Sardar Muhammad Latif Khan Khosa

Attorney General for Pakistan.
Agha Tariq Mehmood Khan, DAG
Mr. Shah Khawar, DAG. Ch.
Akhtar Ali, AOR.

For respondent No.2. Mr. Muhammad Yousaf Leghari, A.G.Sindh.

Raja Abdul Ghafoor, AOR.

For respondent Nos.3 & 4. Nemo.

Respondent No.5. Not represented.
Dates of hearing: 20th to 24th and 27th to 31st July, 2009.

JUDGEMENT

IFTIKHAR MUHAMMAD CHAUDHRY, CJ.- The above Constitutional Petitions bearing Nos. 9 of
2009 and 8 of 2009 involve common questions of facts and law and are disposed of by this single
judgment.

2. In the first mentioned petition, the petitioner while referring to several provisions of Constitution
and the case law, beside making other contentions, legal and factual, has stated, in para No.5, that:

―The removal of Judges of Supreme Court and High Courts on 3.11.2007 was not only violative of
Article 209 of the Constitution, 1973 but was against the rule laid down by the bench of twelve (12)
Judges of Supreme Court in the case of Syed Zafar Ali Shah (PLD 2000 SC 869). The subsequent
validation in the case of Tika Iqbal Khan (PLD 2008 SC 178) a smaller bench of the Supreme Court is
per-incuriam and in any event, is not by a Supreme Court that is de jure. It is respectfully submitted, that
Justice Abdul Hameed Dogar could not be treated as Constitutional head of the Supreme Court even after
the decision in the case of Tika Iqbal Khan (supra) as he himself was the real beneficiary of the said
Judgement and contrary to one of the cardinal principles of Natural justice, ―no person should be judge
in his own cause‖ had headed the Bench. Hence, in view of the facts and reasons stated above Justice
Iftikhar Muhammad Chaudhry is still the Chief Justice of Pakistan as per Constitution and all
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appointments and re-appointments made in the Supreme Court and High Courts without consultation of
de jure Chief justice of Pakistan are unlawful, illegal, ultra-vires of the Constitution as well as malafide‖.

3. Having made above averments, the petitioner has, inter-alia, sought a declaration to the effect that
the respondents Nos. 3 and 4 namely Justice Zaffar Ahmad Khan Sherwani and Justice Abdul
Rashid Kalwar are and continue to be Judges of High Court of Sindh and that they would continue as
Additional Judges till 25.8.2010 and that their term of appointment has not expired as opined by Mr. Justice
Abdul Hameed Dogar, as then he was called. During the course of his submissions, learned counsel
appearing for him prayed further that following declarations be also granted:

i) that the purported acts done by General Pervez Musharraf, (Rtd) between 3.11.2007 to 16.12.2007
aimed at to suspend and amend the Constitution through several instruments are unconstitutional,
invalid and without any legal consequence;
ii) that on account of his acts taken during 3.11.2007 to 15.12.2007 relating to superior judiciary, General
Pervez Musharraf (Rtd) became a usurper;

1. all the appointments of Judges of superior judiciary on or after 3.11.2007 up till 22.3.2008 which
were without consultation of de-jure Chief Justice of Pakistan are/were unconstitutional, invalid
and without any legal consequence;
2. that the two (so called) Judgments dated 23.11.2007 and 15.2.2008 on Constitutional Petitions
No. 87 and 88 of 2007 filed by Tika Iqbal Muhammad and WATAN Party and the Review Petition
No.7 of 2008 filed by the former are/were nullity in law, being decisions per incuriam, corum-
non-judice, without any legal basis and based on mala-fide proceedings rendered by biased
persons of Tribunal (then calling themselves as Judges of this Court) fraudulently, collusively and
lacking in bona-fides;

4. In the other petition No. 8 of 2009 which has been filed by Nadeem Ahmad, a practicing Advocate,
while criticizing the judgement delivered in case of Tikka Iqbal Muhammad Khan versus
Federation of Pakistan (PLD 2008 SC 178), the petitioner has, inter-alia, averred as follows:
―All the persons who were not judges on 3rd November 2007 but who were brought into Supreme Court
and High Courts as ‗judges‘ despite the fact that the Honourable Chief Justice of Pakistan was never
consulted before their appointment which meant that they were never appointed under the Constitution.‖
AND
―On the night of 22 March 2009, issuance of cause lists comprising persons who have not been
appointed in strict adherence to Article 177 and who are therefore complete strangers to the Supreme
court, is a serious matter and it is incumbent on the Honourable Chief Justice, before proceeding with any
other judicial work, to forthwith stop all these persons from hearing any cases till such time that he, along
with other validly appointed judges, are able to look into and judicially determine validity of their
appointments as judges.‖

5. The petitioner has, among others, sought a declaration that all those persons, both in Supreme Court
and High Courts, regardless of whether they have taken oath under PCO or the Constitution, who
have been appointed without ‗consultation‘ of Honourable Chief Justice of Pakistan as not judges and
therefore, not entitled to function as such.

6. On 22.7.2009 a notice was issued to General Pervez Musharraf (Rtd) on his available address
intimating him about the proceedings in this case and 29.7.2009 as the date fixed therein before this
Court. The Process Serving Officer reported on the same day that he had gone to the residential place
viz: C-1, B Park Road, Chak Shahzad, Islamabad where a person identifying himself as Muhammad
Hussain son of Amir and that on formers offer the latter refused to receive the notice. The factum of
issuance of the afore-referred notice was widely televised through National and International T.V.
channels. Also, it was widely published in National and International print media, but, on the date so
fixed no one entered appearance.

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7. We have heard learned counsel for petitioners and learned Attorney General for Pakistan.

8. Before dilating upon the pleas taken in the arguments by learned counsel for the parties, in our view,
some of the facts/events which took place before 3rd November, 2007 touching the very basis of the
issues involved in the matter are brought on record.

9. In our country, during sixty years of its independence after partition, to the misfortune of people,
several times, the Constitutions framed by Legislative Bodies were desecrated. Sovereignty of people
was not allowed to flourish and get deep-rooted in the polity of our country. Prior to 3rd November,
2007, the Constitutions were either abrogated or put in abeyance and the democratic system of
governance was put to an end. For the first time, Constitution of 1956 was abrogated on 7th October,
1958 and Martial Law was imposed by the then President, Sikandar Mirza who dismissed the Central
and
Provincial Governments; dissolved the Parliament and Provincial Assemblies and abolished all Political
Parties and appointed General Muhammad Ayub Khan, the then Commander in Chief as Martial Law
Administrator. Sikandar Mirza was soon, within few days, replaced by the latter. On 25th March, 1969,
again the then head of Army, General Agha Muhammad Yahya Khan, abrogated the Constitution of 1962
and by proclamation (PLD 1969 Central Statutes 42) Promulgated Martial Law followed by Provisional
Constitution Order (Gazette of Pakistan, Extraordinary 4th April, 1969). On 5th July, 1977 once again
Martial Law was imposed throughout the country by the then head of Army Chief viz. former General
Muhammad Zia-ul-Haq, who, vide Proclamation of Martial Law (PLD 1969 Federal Statutes 326)
dissolved the National Assembly, the Senate, the Provincial Assemblies etc. and put the Constitution of
1973 in abeyance followed by Laws (Continuance in Force) Order, 1977. When the Constitution was
revived, it was undeniably, in a mutilated form by the notorious Eighth Amendment.

10. Later, there was another onslaught on the ongoing democratic system of governance. On 12th
October, 1999, the then Chief of Army Staff, General Pervez Musharraf, now retired, once more, put the
Constitution in abeyance and the whole of Pakistan was brought under the control of Armed Forces. The
National Assembly, the Senate and the Provincial Assemblies were suspended, so also, the Chairman and
Deputy Chairman of Senate, the Speaker and Deputy Speaker of the National Assembly and the
Provincial Assemblies were suspended and it was declared that the Prime Minister, Federal Ministers,
Parliamentary Secretaries, the Provincial Governors, the Provincial Chief Ministers and the Advisor to
the Chief Ministers would ceased to hold offices, followed by issuance of Provisional Constitution Order
and the Oath of Office (Judges) Order 2000. General Pervez Musharraf (Rtd), self styled himself as Chief
Executive and started ruling the country under the new dispensation. Later, he, unceremoniously,
occupied the office of President and in the coming years revived the Constitution with Seventeenth
Amendment.

11. Again, on 3rd November, 2007 the General Pervez Musharraf, (Rtd), in his capacity as Chief of
Army Staff, in the garb of declaration of emergency, put the Constitution in abeyance, issued Provisional
Constitution Order No.1 of 2007 followed by the Oath of Office (Judges) Order, 2007, making as many
as sixty one (61) Judges of superior judiciary including Chief Justice of Pakistan and Chief Justices of
three Provinces dysfunctional for many of them either did not agree to take or were not given the oath. Of
them were; from Supreme Court 13 out of 18 (17 permanent and one ad-hoc) Judges including Chief
Justice of Pakistan, 18 out of 31 Judges of the Lahore High Court, 24 out of 28 Judges including Chief
Justice of High Court of Sindh, 6 out of 13 Judges including Chief Justice of Peshawar High Court. It is
quite saddening that all the five Judges including the Chief Justice of Balochistan High Court took oath
under the Oath of Office (Judges) Order, 2007.

12. An independent and strong judiciary is a back bone of viable democratic system all over the world.
The time tested experience has proved that independent and strong judiciary provides strength to the
institutions running government particularly, those who roll on the wheels of democracy. Equally

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 the independent and strong judiciary acts as an arbiter striking balance among various segments of
Democratic system. It helps State organs, such, as, Legislature, Executive and the judiciary itself to
function smoothly maintaining balance inter se. The constitution of Pakistan, of 1973, too, provides
the judiciary guarantees enshrined in it and states that the judiciary shall be fully secured, but,
unfortunately, to its great dismay, this organ of State has, all along been under the wrath of
adventurers imposing their dictatorial terms obviously for their ulterior designs. The history of this
country witnessed that in a set up of one government tenure of a Chief Justice of Pakistan was
curtailed with ulterior motives and was restored to its original position when the designs were stood
achieved. Likewise, through various instruments, the favourites and pliant members of superior
judiciary were out rightly given underserved benefits while the others were shown doors. This
happened during the era of the then Martial Law Administrator General Zia-ul-Haq and following
the same foot steps, General Pervez Musharraf (Rtd) did the same in the year 2000. Many judges of
superior judiciary who declined to toe his line of action were unceremoniously sacked.

13. General Pervez Musharraf (Rtd) through his 1999/2000 action, declared that the national Assembly,
the provincial Assemblies, Senate, Chairman and Deputy Chairman of Senate, Speaker of National
Assembly and the Provincial Assemblies were suspended and the Prime Minister, Federal Ministers,
Parliamentary Secretaries, the Provincial Governors and the provincial Chief Ministers and the
Advisors to the Chief Ministers, to have ceased to hold offices. However, his November, 2007
action was a singular in nature, in that, the onslaught was on judiciary alone. All other institutions
were in tact. The independence of judiciary was given a serious blow. In order to save the judiciary
from being destroyed, for the first time in the history of this Country, a seven member bench of this
Court headed by the de jure Chief Justice of Pakistan, passed an order, inter-alia, restraining the
President and Prime Minister of Pakistan from undertaking any such action, which was contrary to
the Independence of Judiciary. So also the Judges of this Court and that of the High Courts
including Chief Justice (s) were required not to take oath under the Provincial Constitution Order or
any other extra Constitutional step and on the same day viz: 3.11.2007, the order was served on the
members of superior judiciary through the respective Registrars of the Courts by way of Fax. It was
also sent to all the relevant Executive functionaries.

14. The action of General Pervez Musharraf (Rtd) was, undeniably, taken to prevent the 11 member
Bench of this Court which was hearing the Petition No. 73 of 2007 filed by Mr. Justice (Rtd) Wajihuddin
Ahmad and others in which the qualification of the General was in question, and perhaps, he was not
expecting a favourable decision. The reasons shall, in that behalf be found in the detailed judgement. Be
that as it may, Justice Abdul Hameed Dogar, as then he was called, alongwith four other Judges of this
Court took oath in pursuance of unconstitutional Provisional Constitution Order and the Oath of Office
(Judges) Order, 2007 and by that he also violated the order of seven member Bench of this Court which
was headed by de jure Chief Justice of Pakistan. Mr. Justice Abdul Hameed Dogar took the oath of Chief
Justice of Pakistan, although, the office was not vacant. Some of High Courts Judges too took oath
likewise violating the constitution and the order of seven member Bench, legally and lawfully passed.
Besides, many other Judges in this Court and in the High Courts were appointed and they took oath in
violation of constitutional provisions and the order of seven member Bench of this Court.

15. Subsequently, in order to dilute the effect of afore-referred 7 member Bench order, Mr. Justice
Abdul Hameed Dogar, the CJP, as then was called, constituted a Bench of 8 Judges including those
appointed afresh in pursuance of Provisional Constitution Order and took up CMA bearing No.2874
of 2007 in Constitution Petition No.73 of 2007 and by their order dated 6.11.2007 illegally and
unlawfully, without the mandate of the Constitution, declared the order dated 3.11.2007 to be
illegal and without jurisdiction. Later, a 10 member Bench was also constituted which was headed
by Mr. Justice Abdul Hameed Dogar, Chief Justice of Pakistan, as then he was called. This Bench
again illegally and unlawfully took up and dismissed the petition No.73 and Original Criminal
Petition No.51 of 2007 filed by Justice (Rtd) Wajihuddin Ahmad calling in question the eligibility
of General Pervez Musharraf to contest election to the office of President although, it already stood

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 dismissed for want of instruction. Further details in this behalf shall be given in the detailed
judgment.

16. Also subsequently, an other 7 member bench headed by Mr. Justice Abdul Hameed Dogar, Chief
Justice of Pakistan, as then he was called, took up hearing the case of Tikka Iqbal Muhammad Khan and
WATAN Party and decided the same on the principle of ‗ Salus Populi Supreme Lex‘ and granted that
relief which was even not prayed by the petitioner. This judgement is/was, ex-facie, per incuriam,
corumnon-judice illegal and unlawful. Later, a time barred Review Petition was filed by Tikka Iqbal Khan
which was heard by 13 member Bench and was dismissed, palpably to give impression that a larger Bench
decided the matter to dilute the effect of a previous judgment handed down in case of Syed Zafar Ali Shah
(PLD 2000 SC 869).

17. It may be noted that the chosen representative of the time, too, did not extend validation to the
unconstitutional acts taken upto 3rd November, 2007 as is universally known. It is, however, quite
heartening that, for the first time, in the history of our beloved country, the chosen representative of
people, who took their offices as a result of election taking place on 18th February, 2008 have,
commendably, stayed their hands off and have not sanctified the unconstitutional acts, such as, the
Declaration of Emergency, the Provisional Constitution Order No.1, the Oath of Office (Judges),
Order, 2007, the Constitution (Amendment) Order, 2007 (President‘s Order No.5 of 2007), the
Constitution (Second Amendment) Order of 2007 (President‘s Order No.6 of 2007) and many other
instruments made and declared by General Pervez Musharraf (Rtd). In this, their restraint not
extending validity to all these unconstitutional and illegal instruments and other steps taken by
retired General are laudable. Evidently, this was done by the present representatives of people
believing firmly that the prosperity of the country lies in the strong and independent democratic
system which can alone flourish and survive with democratic steps to be taken in the better
interest of people always apt and keen to choose them in such a viable system of governance. We
are sanguine that the current democratic dispensation comprising of the President, the Prime
Minister, Ministers and the Parliament shall continue to uphold the Constitution, its institutions and
sacred values.

18. From above, the conclusions drawn are that:

i) The General Pervez Musharraf (Rtd) in the garb of Emergency Plus and the Provisional Constitution
Order made amendments in the Constitution by self-acquired the powers which all are unconstitutional,
unauthorized, without any legal basis, hence, without any legal consequences;

1. Mr. Justice Abdul Hameed Dogar, took oath as CJP in violation of the order dated 3.11.2007 passed
by a 7 member Bench headed by de-jure Chief Justice of Pakistan and in pursuance of
unconstitutional instruments introduced by General Pervez Musharraf (Rtd), additionally
knowing well that the office of Chief Justice of Pakistan was not lying vacant;

1. Also, the Judges who were either retired or were not holding any judicial office, beside those in
High Courts took fresh oath on their appointment on and after 3.11.2007 till 15.12.2007 in
Supreme Court where the full strength of Judges alongwith an Ad-hoc Judge appointed under the
Constitution were already working and thus there was no vacancy. Similarly, many Judges took
oath in Provincial High Courts. All of them did so in violation of order dated 3.11.2007 passed
by 7 member Bench headed by de-jure Chief Justice of Pakistan. Four incumbent Judges already
functioning in the Supreme Court took fresh oath under the influence of and in pursuance of
unconstitutional steps of General Pervez Musharraf (Rtd);

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iv) The Petition No.73 of 2007 filed by Mr. Justice (Rtd) Wajihuddin Ahmad challenging the eligibility of
General Pervez Musharraf (Rtd) to contest for the office of President in uniform was dismissed purportedly
on merits although the record maintained in the Supreme Court revealed otherwise;

1. The decisions in the cases of Tikka Iqbal Muhammad Khan granting validity to the actions of
General Pervez Musharraf (Rtd) were per incuriam, corum-non-judice, without any legal basis
hence, of no legal consequences;

1. The amendments in the Supreme Court (Number of Judges) Act, (XXXIII, 1997) 1997 by way of
Finance Act, 2008 raising the strength of Judges in Supreme Court from 17 (1+ 16) to 30 (1+29)
seemingly aimed at providing allocation of funds for increasing the strength of Judges is
unconstitutional because the strengths of Judges of Supreme Court is be increased by Parliament
as defined in Article 50 to be read with Article 260 of the Constitution which defines the acts of
Parliaments;

1. Surprisingly, in the past the Courts of the time used to extend favours empowering the adventurers
to amend the Constitution in actual effect were to achieve their overt and covert agenda but this
time, such powers were acquired by the General Pervez Musharraf (Rtd) himself through the PCO
and brought a host of unconstitutional amendments for his own benefits; and

The present representative of people firmly believe in strong and independent judiciary and the democratic
system which is evident that the deposed Judges of Supreme Court, High Courts and the dejure Chief
Justice of Pakistan were restored with effect from 3rd of November, 2007 implied that the present
representatives of people denied the validity of the actions of General Pervez Musharraf (Rtd) taken from
3.11.2007 to 15.12.2007 during which the Constitution remained suspended.

19. Considering the above, in the light of submissions of learned counsel for the parties and on
examination of the material brought before us and for the detailed reasons to be recorded, we dispose
the above petitions as follows.
20. The judgment purported to have been delivered in Constitutional Petitions bearing No: 87 and 88 of
2007 in the case titled as TIKA IQBAL MUHAMMAD KHAN VS.GENERAL PERVEZ MUSHARRAF
AND OTHERS (PLD 2008 SC 25 and PLD 2008 SC 178) and the judgment dated 15.2.2008, purported to
have been passed in C.R.P.No.7 of 2008 titled as TIKA IQBAL MUHAMMAD KHAN VS. GENERAL
PERVEZ MUSHARRAF AND OTHERSand any other judgment/judgments passed on the strength of the
said two judgments are hereby declared to be void ab initio.

21. The Proclamation of Emergency issued by General Pervez Musharraf as the Chief of Army Staff (as
he then was) on November 3, 2007; the Provisional Constitution Order No.1 of 2007 issued by him
on the same date in his said capacity; the Oath of Office (Judges) Order of 2007 issued by him also
on the same date though as the President of Pakistan but in exercise of powers under the aforesaid
Proclamation of Emergency and the Provisional Constitution Order No.1 of 2007; The Provisional
Constitution (Amendment) Order, 2007 issued by him like-wise on 15.11.2007; the Constitution
(Amendment) Order, 2007 being President‘s Order No.5 of 2007 issued on November 20, 2007; the
Constitution (Second
Amendment) Order, 2007 being the President‘s Order No.6 of 2007 issued on 14th December, 2007; the
Islamabad High Court (Establishment) Order 2007 dated 14th December 2007 being the President‘s
Order No.7 of 2007; the High Court Judges (Pensionary Benefits) Order, 2007 being Presidents Order
No.8 of 2007; the Supreme Court Judges (Pensionary Benefits) Order, 2007 being President‘s Order No.9
of 2007 dated 14th December, 2007 are hereby declared to be un-constitutional, ultra-vires of the
Constitution and consequently being illegal and of no legal e.

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22. As a consequence thereof:-

i) the Chief Justice of Pakistan; the Judges of the Supreme Court of Pakistan; any Chief Justice of any
of the High Courts and the Judges of the High Courts who were declared to have ceased to hold their
respective offices in pursuance of the afore-mentioned alleged judgments or any other such judgment
and on account of the instruments mentioned in para 21 above, shall be deemed never to have ceased
to be such Judges, irrespective of any notification issued regarding their reappointment or restoration;

ii) it is declared that the office of the Chief Justice of Pakistan never fell vacant on November 3, 2007
and as a consequence thereof it is further declared that the appointment of Mr. Justice Abdul Hameed
Dogar as the Chief Justice of Pakistan was un-constitutional; void ab initio and of no legal effect;
Provided that subject to whatever is contained hereinafter, the said un-constitutional appointment of
Mr. Justice Abdul Hameed Dogar as the Chief Justice of Pakistan shall not affect the validity of any
administrative or financial acts performed by him or of any oath made before him in the ordinary
course of the affairs of the said office;

iii) since Mr. Justice Abdul Hameed Dogar was never a constitutional Chief Justice of Pakistan,
therefore, all appointments of Judges of the Supreme Court of Pakistan, of the Chief Justices of the High
Courts and of the Judges of the High Courts made, in consultation with him, during the period that he,
un-constitutionally, held the said office from 3.11.2007 to 22.3.2009 (both days inclusive) are hereby
declared to be un-constitutional, void ab initio and of no legal effect and such appointees shall cease to
hold office forthwith;
Provided that the Judges so un-constitutionally appointed to the Supreme Court while holding the offices
as Judges of any of the High Courts shall revert back as Judges of the respective High Courts subject to
their age of superannuation and like-wise, the Judges of the High Courts, who were District and Sessions
Judges before their said un-constitutional elevation to the High Courts shall revert back as District and
Sessions Judge subject to limitation of superannuation;

iv) the Judges of the Supreme Court of Pakistan, if any, the Chief Justices of the High Court, if any, and
the Judges of any of the High Courts, if any, who stood appointed to the said offices prior to
3.11.2007 but who made oath or took oath of their respective offices in dis-obedience to the order
passed by a
Seven Member Bench of the Supreme Court of Pakistan on 3.11.2007 in C.M.A.No.2869 of 2007 in
Constitution Petition No.73 of 2007, shall be proceeded against under Article 209 of the Constitution.
The Secretary of the Law Division of the Government of Pakistan shall take steps in the matter
accordingly;
Provided that nothing hereinabove shall affect those Judges who though had been appointed as
Judges/Chief Justices of any of the High Courts between 3.11.2007 to 22.3.2009 but had subsequently
been appointed afresh to other offices in consultation with or with the approval of or with the consent of
the Constitutional Chief Justice of Pakistan;

v) any judgments delivered or orders made or any decrees passed by any Bench of the Supreme Court or
of any of the High Courts which comprised of or which included the afore-described Judges whose
appointments had been declared void ab initio, are protected on the principle laid down in MALIK
ASAD ALI‟S CASE (PLD 1998 SC 161);

vi) since the Constitution (Amendment) Order, 2007 being the President‘s Order No.5 of 2007 and the
Islamabad High Court (Establishment) Order being President‘s Order No.7 of 2007 establishing
Islamabad High Court for the Federal Capital Territory, have been declared to be un-constitutional
and of no legal effect, therefore, the said Islamabad High Court shall cease to exist forthwith. All
judicial matters pending before the said High Court before the passing of this order shall revert/stand

319
 transferred to the courts which had jurisdiction in the said matters before the promulgation of afore-
mentioned President‘s Order No.5 of 2007 and President‘s Order No.7 of 2007 promulgated on 14th
December, 2007. The Judges of the said Court shall, as a consequence thereof, cease to be Judges
except such
Judges or the Chief Justice of the said court, who prior to their appointments in the said Islamabad High
Court, were Judges of some other High Court who shall revert to the court of which they were originally
the Judges, subject to their age of superannuation. The officers and employees of the said Court shall also
cease to hold their respective appointments and shall become part of the Federal Government Surplus
Pool for their further appointments. However, if any such officer or employee was an officer or an
employee of some other court or department or office, such officers or employees shall revert to their
respective courts, departments or offices to which they belonged before joining the service in the
Islamabad High court, subject again to their age of superannuation;
we would like to mention here that establishment of a High Court or a Federal Court for the Federal
Capital Territory might be a desirable act but it is unfortunate that such a step was taken in an
unconstitutional and a highly objectionable manner. We may, therefore, add that notwithstanding what
has been declared and ordered above, the relevant and competent authorities may take steps to establish
such a court in accordance with the Constitution/the law.

vii) the Ordinances promulgated by the President or a Governor of a Province before 3.11.2007 which
were given permanence by the Provisional Constitution Order No.1 of 2007 as also the Ordinances
issued by the President or a Governor between 3.11.2007 and 15.12.2008 (both days inclusive) which
were also, like-wise given permanence through the same instrument and which legislative measures
alongwith the said Provisional Constitution Order had been validated by the afore-mentioned
judgment delivered in TIKA IQBAL MUHAMAD KHAN‟S CASE, stand shorn of their purported
permanence on account of our afore-mentioned declarations. Since on account of the said judgment in
TIKA IQBAL MUHAMMAD KHAN‟S CASE purporting to be a judgment of this Court, the
presumption that the said
Ordinances were valid laws not requiring approval of the Parliament or the respective Provincial
Assemblies in terms of Article 89 or 128 of the Constitution and since it is today that this Court has
attributed invalidity to the said legislative instruments, therefore, the period of 120 days and 90 days
mentioned respectively in the said Article 89 and the said Article 128 of the Constitution, would be
deemed to commence to run from today and steps may be taken to place the said Ordinances before the
Parliament or the respective Provincial Assemblies in accordance with law;

viii) since the Constitution, through its Article 176, authorises only the Parliament to determine the
number of Judges of the Supreme Court of Pakistan and since the Parliament had so done through the
Supreme Court (Number of Judges) Act XXXIII of 1997, therefore, the increase in the strength of the
Judges through the Finance Act of 2008 which Act was not passed by the Parliament but was passed
only by the National Assembly would be deemed to be valid only for financial purposes and not for
the purposes of Article 176 of the Constitution. It is resultantly declared that the number of Judges of
the Supreme Court for purposes of the said Article 176 shall continue to remain sixteen.

ix) in the Code of Conduct prescribed for the Judges of the Superior Courts in terms of Article 209(8) of
the Constitution, a new clause shall be added commanding that no such Judge shall, hereinafter, offer
any support in whatever manner to any un-constitutional functionary who acquires power otherwise
than through the modes envisaged by the Constitution and that any violation of the said clause would
be deemed to be misconduct in terms of the said Article 209 of the Constitution;

x) in view of our findings above regarding Mr. Justice Abdul Hameed Dogar not being a constitutional
and a valid consultee, the notification dated 26.8.2008 and the notification dated 15.9.2008 extending
the term of office of Mr. Justice Abdur Rashid Kalwar and of Mr. Justice Zafar Kalwar Khan
Sherwani as Additional Judges of the High Court of Sindh are declared to be un-constitutional and of
no legal effect.

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 xi) that the court acknowledges and respects the mandate given by the sovereign authority i.e. electorate
to the democratically elected Government on 18th February, 2008 and would continue to jealously
guard the principle of tricotomy of powers enshrined in the Constitution, which is the essence of the
rule of law. Any declaration made in this judgment shall not in any manner affect the General
Elections held and the Government formed as a result thereof i.e. the President, the Prime Minister,
the Parliament, the Provincial Governments, anything done by these institutions in the discharge of
their functions. These acts are fully protected in terms of the age old of principle of Salus Populi Est
Suprema Lex reflected in PLD 1972 SC 139.

xii)Before parting with the judgment, we would like to reiterate that to defend, protect and uphold the
Constitution is the sacred function of the Supreme Court. The Constitution in its preamble, inter alia,
mandates that there shall be democratic governance in the country, ―wherein the principles of
democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully
observed; .................
wherein the independence of judiciary shall be fully secured.‖ While rendering this judgment, these
abiding values have weighed with us. We are sanguine that the current democratic dispensation
comprising of the President, Prime Minister and the Parliament shall equally uphold these values and the
mandate of their oaths.

23. A copy of this judgment shall be sent to the Secretary Law and Parliamentary Affairs, Government of
Pakistan, for compliance.

Islamabad,
July 31, 2009. APPROVED FOR REPORTING

Appendix-7

Legal Framework Order, 2002

Chief Executive's Order No. 24 of 2002

(Gazette of Pakistan, Extraordinary, August, 2002)

WHEREAS general elections to the National Assembly and the Provincial Assemblies are scheduled to be
held on October 10,2002, and to the Senate on November 12, 2002;

AND WHEREAS it is necessary to provide for a smooth and orderly transition;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October,
1999, read with the Provisional Constitution Order No. 1 of 1999, and in pursuance of the powers vested in
him by and under the judgement of the Supreme Court of Pakistan, dated the 12th May, 2000, and in
exercise of all the powers enabling him in that behalf; to revive the Constitution with the amendments made
herein, the Chief Executive of the Islamic Republic of Pakistan is pleased to make the following Order:-

1. Short title and commencement.

(1) This Order may be called the Legal Framework Order, 2002.
(2) It shall come into force at once.

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2. First meetings of National Assembly, Senate and Provincial Assemblies.
(1) The first meeting of the National Assembly shall be held on a day to be specified by the President
for the election of the Speaker and Deputy Speaker, the members of the Senate from the Federal
Capital, and for the transaction of such other business as the President may specify.

(2) The National Assembly shall meet on a day to be specified by the President to ascertain which one
of the members of the Assembly commands the confidence of the majority of the members for the
purposes of clause (2A) of Article 91 of the Constitution and the President shall invite such
member to be the Prime Minister.

(3) The first meeting of a Provincial Assembly shall be held on a day to be specified by the President
for the election of the Speaker and Deputy Speaker, the members of the Senate and for the
transaction of such otherbusiness as the President specify.

(4) Every Provincial Assembly shall meet on a day to be specified by the President to ascertain which
one of the members of the Assembly commands the confidence of the majority of the members for
the purposes of clause (2A) of Article 130 of the Constitution and the Governor shall invite such
member to be the Chief Minister.
(5) The first meeting of the Senate shall be held on a day to be specified by the President for the
election of the Chairman and Deputy Chairman and for the transaction of such other business as the
President may specify.

3. Amendment of the Constitution and removal of difficulties.

(1) The Constitution of the Islamic Republic of Pakistan, 1973, referred to in this Order as the
Constitution, is hereby amended to the extent and in the manner specified in column (3) of the
Schedule.
(2) If there is any necessity for any further amendment of the Constitution or any difficulty arises in
giving effect to any of the provisions of this Order, the Chief Executive may make such provisions
and pass or promulgate such orders for amending the Constitution or for removing any difficulty as
he may deem fit.
(3) The validity of any provision made, or orders passed, under clauses (1) and (2) shall not be called
in question in any court on any ground whatsoever.

4. Revival of Constitution of 1973:-

The provisions of the Constitution, as amended by this Order and by such other Orders as may be
promulgated hereinafter, shall stand revived on such day as the Chief Executive may, by notification in
the official Gazette, appoint; and different days may be so appointed in respect of different provisions.
5. Order to override other laws:-
The provisions of this Order shall have effect notwithstanding anything contained in the Constitution or
any other Order or law for the time being in force.

THE SCHEDULE

(See Article 3)

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Serial Article /
No. Chapter Amendments made (3)
(1) (2)
1. 17. (1) In clause (2).-
(a) after the words "integrity of Pakistan", occurring twice, the words "or public
order" shall be inserted; and
(b) for the full stop at the end a colon shall be substituted and there after the
following proviso shall be added, namely:-
Provided that no political party shall promote sectarian, ethnic, regional hatred
or animosity, or be titled or constituted as a militant group or section."
and

(2) after clause (3), the following new clause shall be added, namely:-
(4) Every political party shall, subject to law, hold intra-party elections to elect its
office-bearers and party leaders.

2. 41. For clause (7) the following shall be substituted, namely:-

(7) The Chief Executive of the Islamic Republic of Pakistan-
(a) shall relinquish the office of Chief Executive on such day as he may determine
in accordance with the judgement of the Supreme Court of Pakistan of the 12th
May, 2000; and
(b) having received the democratic mandate to serve the nation as President of
Pakistan for a period of five years shall, on relinquishing the office of the Chief
Executive, Notwithstanding anything contained in this Article or Article 43 or
any other provision of the Constitution or any other law for the time being in
force, assume the office of President of Pakistan forthwith and shall hold office
for a term of five years under the Constitution, and Article 44 and other
provisions of the Constitution shall apply accordingly."

3. 51. (1) For clause (1) the following shall be substituted, namely:-
(1) There shall be three hundred and forty-two seats of the members in the
National Assembly, including seats reserved for women and non-Muslims.

323
 (1A) The seats in the National Assembly referred to in clause (1), except as
provided in clause (2A), are allocated to each Province, the Federally
Administered Tribal Areas and the Federal Capital as under-
General
Women Total
Balochistan 14 3 17
NWFP 35 8 43
The Punjab 148 35 183
Sind 61 14 75
FATA 12 - 12
Federal Capital 2 - 2
Total 272 60 332

(2) in clause (2), in paragraph (b), for the word "twenty-one " the word "eighteen" shall
be substituted;

(3) for clause (2A) the following clause shall be substituted. namely:-
(2A) In addition to the number of seats referred to in clause (1A), there shall be, in
the National Assembly, ten seats reserved for non-Muslims.

(4) for clause (4) the following shall be substituted, namely:-

(4) For the purpose of election to the National Assembly,-
(a) the constituencies for the general seats shall be single member territorial
constituencies and the members to fill such seats shall be elected by direct
and free vote in accordance with law;
(b) each Province shall be a single constituency for all;
(c) the constituency for all seats reserved for non-Muslims shall be the whole
country;
(d) members to the seats reserved for women which are allocated to a Province
under clause (1A) shall be elected in accordance with law through
proportional representation system of political parties' lists of candidates on
the basis of total number of general seats secured by each political party
from the Province concerned in the National Assembly [Click here for
amendment]; :
Provided that for the purpose of this sub-clause the total number of general
seats won by a political party shall include the independent returned
candidate or candidates who may duly join such political party within three
days of the publication in the official Gazette of the names of the returned
candidates.
(e) members to the seats reserved for non-Muslims shall be elected in
accordance with law through proportional representation system of political
parties lists of candidates on the basis of total number of general seats won
by each political party in the National Assembly[Click here for
amendment]; :

324
 Provided that for the purpose of this sub-clause thetotal number of general
seats won by a political party shallinclude the independent returned
candidate or candidates who may duly join such political party within three
days ofthe publication in the official Gazette of the names of the returned
candidates.
Provided that a politcal party securing less than five per centum of the total
number of seats in the National Assembly shall not be entitled to any seat
reserved for women or non-Muslims.

325
 ;and
(5) Clauses(4) to (6) shall be omitted.

4. 58. In clause (2), after paragraph (a), the following new paragraph shall be added, namely:-
(b) a situation has arisen in which the Government of the Federation cannot be carried
on in accordance with the provisions of the Constitution and an appeal to the
electorate is necessary."

5. 59. (1) For clause (1) the following shall be substituted, namely:-
(1) The Senate shall consist of one-hundred members, of whom, -
(a) fourteen shall be elected by the members of each Provincial Assembly;
(b) eight shall be elected [Click here for amendment]by direct and free vote
from the Federally Administered Tribal Areas, in such manner as the
President may, by Order, prescribe;
(c) two on general seats, and one woman and one technocrat including aalim
shall be elected from the Federal Capital in such manner as the President
may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial Assembly;
(e) four technocrats including ulema shall be elected by the members of each
Provincial Assembly."

; and
(2) In clause(3),-
(a) for paragraph (c) the following shall be substituted, namely:-
"(c) of the members referred to in paragraph (c) of the aforesaid clause,-
(i) one elected on general seat shall retire after the expiration of the first
three years and the other one shall retire after the expiration of the
next three years, and
(ii) one elected on the seat reserved for technocrat shall retire after first
three years and the one elected on the seat reserved for woman shall
retire after the expiration of the next three years;"

; and
(b) for paragraph (d) the following shall be substituted, namely:-
"(d) of the members referred to in paragraph (d) of the aforesaid clause, two
shall retire after the expiration of the three years and two shall retire after
the expiration of the next three years; and
(e) of the members referred to in paragraph (e) of the aforesaid clause, two
shall retire after the expiration of the first three years and two shall retire
after the expiration of the next three years:".

326
6. 62. For clause (b) the following shall be substituted, namely:-
"(b) he is, in the case of the National Assembly, not less than twenty -five years of age
and is enroled as a voter in any electoral roll in-
(i) any part of Pakistan, for election to a general seat or a seat reserved for
nonMuslims; and
(ii) any area in a Province from which he seeks membership for election to a seat
reserved for women."

7. 63. (1) In clause (1):-

(a) for paragraphs (h), (i) and (j) the following shall be substituted, namely:- "(h)
he has been convicted by a court of competent jurisdiction on a charge of

327
 corrupt practice, moral turpitude or misuse of power or authority under
any law for the time being in force; or
(i) he has been dismissed from the service of Pakistan or service of a
corporation or office set up or controlled by the Federal Government,
Provincial Government or a Local Government on the grounds of
misconduct or moral turpitude; or

(j) he has been removed or compulsorily retired from the service of

Pakistan or service of a corporation or office set up or controlled by the
Federal Government, Provincial Government or a Local Government on
the grounds of misconduct or moral turpitude; or" ; and
(b) for paragraph (p) the following shall be substituted, namely:-
"(p) he has been convicted and sentenced to imprisonment for having
absconded by a competent court under any law for the time being in
force; or

(q) he has obtained a loan for a an amount of two million rupees or more,
from any bank, financial institution, cooperative society or cooperative
body in his own name or in the name of his spouse or any of his
dependents, which remains unpaid for more than one year from the due
date, or has got such loan written off; or
(r) he or his spouse or any of his dependents has defaulted in payment of
government dues and utility expenses, including telephone, electricity, gas
and water charges in excess of ten thousand rupees, for over six months, at
the time of filing his nomination papers[Click here for amendment]
[Click here for amendment]
(s) he is for the time being disqualified from being electedor chosen as a
member of the Majlis-e-Shoora (Parliament)or of a Provincial Assembly
under any law for the timebeing in force.";

(2) for clause (2) the following shall be substituted, namely:-

"(2) If any question arises whether a member of Majlis-e-Shoora (Parliament) has
become disqualified from being a member, the Speaker or, as the case may be, the
Chairman shall, within thirty days from raising of such question refer the question
to the Chief Election Commissioner." ; and
(3) after clause (2), substituted as aforesaid, the following new clause shall be added,
namely:-
"(3) Where a question is referred to the Chief Election Commissioner under clause
(2), he shall lay such question before the Election Commission which shall
give its decision thereon not later than three months from its receipt by he
Chief Election Commissioner."

328
8. 63A. For Article 63A the following shall be substituted, namely:- "63A.
Disqualification on grounds of defection, etc.
(1) If a member of a Parliamentary Party composed of a single political party in
a House-

(a) resigns from membership of his political party or joins another

Parliamentary Party; or
(b) votes or abstains from voting in the House contrary to any direction
issued by the Parliamentary Party to which he belongs, in relations to-
(i) election of the Prime Minister or the Chief Minister; or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill;

he may be declared in writing by the Head of the Parliamentary Party to

have defected from the political party, and the Head of the Parliamentary
Party may forward a copy of the declaration to the Presiding Officer, and
shall similarly forward a copy thereof to the member concerned:
Provided that before making the declaration, the Head of the Parliamentary
Party shall provide such member with an opportunity to show cause as to
why such declaration may not be made against him.
(2) A member of a House shall be deemed to be a member of a Parliamentary
Party if he having been elected as a candidate or nominee of a political party
which constitutes the Parliamentary Party in the House or, having been
elected otherwise than as a candidate or nominee of a political party, has
become a member of such Parliamentary Party after such election by means
of a declaration in writing.

(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the
House shall within two days refer the declaration to the Chief Election
Commissioner who shall lay the declaration before the Election
Commission for its decision thereon confirming the declaration or otherwise
within thirty days of its receipt by the Chief Election Commissioner.
(4) Where the Election Commission confirms the declaration, the member
referred to in clause (1) shall cease to be a member of the House and his seat
shall become vacant.

(5) Any party aggrieved by the decision of the Election Commission may within
thirty days, prefer an appeal to the Supreme Court which shall decide the
matter within three months from the date of the filing of the appeal.

(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a
House.
(7) For the purpose of this Article -
(a) "House" means the National Assembly or the Senate in relation to the
Federation and a Provincial Assembly in relation to the Province, as the
case may be.

329
 (b) "Presiding Officer" means the Speaker of the National Assembly, the
Chairman of the Senate or the Speaker of the Provincial Assembly, as
the case may be.

9. 70. (1) In clause (2) for the words "considered in a joint sitting" the words and figure
"referred to a Mediation Committee constituted under Article 71 for consideration
and resolution thereon" shall be substituted; and
(2) for clause (3) the following shall be substituted, namely:-
(3) Where a Bill is referred to the Mediation Committee under clause (2), the

330
 Mediation Committee shall, within ninety days, formulate an agreed Bill which
is likely to be passed by both Houses of the Majlis-e-Shoora (Parliament) and
place the agreed Bill separately before each House and if both the Houses pass
the Bill, it shall be presented to the President for assent.

10. Part III. After Article 70, amended as aforesaid the following new Article shall be added namely:
Chapter 71. Mediation Committee.
2. (1) Both Houses of Majlis-e-Shoora (Parliament) shall, within fifteen days from the
date of referral of the Bill by the House in which it was originated for
consideration and resolution by the Mediation Committee under clause (2) of
Article 70 nominate eight members each as members of a Mediation Committee.

(2) The House in which the Bill was originated shall nominate a member of the
Mediation Committee as Chairman of the Committee and the other House shall
nominate a member as the Vice-Chairman thereof.
(3) All decisions of the Mediation Committee shall be made by a majority of the
total number of members of each House in the Committee.
(4) The President may, in consultation with the Speaker of the National Assembly
and Chairman of the Senate, make rules for conduct of business of the
Mediation Committee.

11. 73. For clause (1) the following shall be substituted, namely:-
(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in
the National Assembly.
Provided that simultaneously when a Money Bill, including the Finance Bill
containing the Annual Budget Statement, is presented in the National Assembly, a
copy thereof shall be transmitted to the Senate which may, within seven days,
make recommendations thereon to the National Assembly.
(1A) The National Assembly shall, consider the recommendations of the Senate and
after the Bill has been passed by the Assembly with or without incorporating the
recommendations of the Senate, it shall be presented to the President for assent.

12. 75. In clause (2) -

(a) the words "in joint sitting" shall be omitted; and
(b) for the words and comma "by the votes of the majority of the members of the both
Houses present and voting," the words, figure and comma "in accordance with
Article 70," shall be substituted.

13. 101 In clause (1), for the words "on the advice of" the words "after consultation with" shall
be substituted.

331
14. 106. (1) For clause (1) the following shall be substituted:-
"(1) Each Provincial Assembly shall consist of general seats and seats reserved for
women and non-Muslims as specified herein below.
General Non-
seats Women Total
Muslims
Baluchistan 51 11 3 65
The North-West Frontier 99 22 3 124
Province
The Punjab 297 66 8 371
Sind 130 29 9 168

(2) in clause (2), in paragraph (b), for the word "twenty-one" the word "eighteen" shall
be substituted;

(3) for clause (3) the following shall be substituted, namely:-

(3) For the purpose of election to a Provincial Assembly -
(a) the constituencies for the general seats shall be single member territorial
constituencies and the members to fill such seats shall be elected by direct
and free vote.
(b) each Province shall be a single constituency for all seats reserved for
women and non-Muslims allocated to the respective Provinces under
clause (1);
(c) the members to fill seats reserved for women and non- Muslims allocated
to a Province under clause (1) shall be elected in accordance with law
through proportional representation system of political parties' lists of
candidates on the basis of the total number of general seats secured by each
political party in the Provincial Assembly: [Click here for amendment]
Provided that a political party securing less than five per centum of the
total number of seats in the Provincial Assembly shall not be entitled to
any seat reserved for women and non-Muslims."
Provided that for the purpose of this sub-clause,the total number of general
seats won by a political partyshall include the independent returned
candidate orcandidates who may duly join such political party withinthree
days of the publication in the official Gazette of the names of the returned
candidates.

; and
(4) Clauses (4), (5) and (6) shall be omitted.

332
15. 112. (1) In clause (2), after paragraph (a), the following new paragraph shall be added,
namely:-
"(b) a situation has arisen in which the Government of the Province cannot be
carried on in accordance with the provisions of the Constitution and an appeal
to the electorate is necessary."

16. Part IV, After Article 140, the following new Article shall be inserted, namely :-
Chapter 3 "140A. Local government.
Each Province shall, by law, establish a local government system and devolve
political, administrative and financial responsibility and authority to the elected
representatives of the local governments."

17. Part V, In Part V, in Chapter 3, before Article 153, the following new Article shall be inserted,
Chapter 3 namely:-
"152A. National Security Council.
(1) There shall be a National Security Council to serve as a forum for
consultation on strategic matters pertaining to the sovereignty, integrity
and security of the State; and the matters relating to democracy,
governance and inter-provincial harmony.
(2) The President shall be the Chairman of the National Security Council and
its other members shall be the Prime Minister, the Chairman of the Senate,
the Speaker of the National Assembly, the Leader of the Opposition in the
National Assembly, the Chief Ministers of the Provinces, the Chairman
Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan
Army, Pakistan Navy and Pakistan Air Force.

(3) Meetings of the National Security Council may be convened by the

President either in his discretion, or on the advice of the Prime Minister, or
when requested by any other of its members, [Click here for
amendment]within the time frame indicated by him regularly ."

17A 179 In clause (1), for the words "sixty-five years" the words "sixty-eight years" shall be
substituted.
17B 193 In clause (2), for the words "forty years" the words "forty-five years" shall be
substituted.
17C 195 In clause (1), for the words "sixty-two years" thewords "sixty-five years" shall be
substituted.
18. 199 (1) In clause (4A) for the words and commas "unless the case is finally decided, or the
interim order is withdrawn, by the Court earlier" the comma and words "provided
that the matter shall be finally decided by the High Court within six months from the
date on which the interim order is made" shall be substituted: and
(2) clause (4B) shall be omitted.

333
19. 203C. In clause (9),-
(a) for the word, "salary", occurring twice, the word "remuneration" shall be
substituted: and
(b) for the full stop at the end a colon shall be substituted and thereafter the following
proviso shall be added, namely:-
Provided that where a Judge is already drawing a pension for any other post in the
service of Pakistan, the amount of such pension shall be deducted from the pension
admissible under this clause."

20. 209. In clause (5) -

(i) for the words and comma "received from the Council or from any other source," the
words and comma "from any source, the Council or" shall be substituted: and
(ii) after the words "Council to", the commas and words" ,or the Council may, on its
own motion," shall be inserted.

21. 218. (1) For clause (1) the following shall be substituted, namely:-
"(1) For the purpose of election to both Houses of Majlis-e-Shoora (Parliament),
Provincial Assemblies and for election of such other public offices as may be
specified by law or until such law is made by the Majlis-e-Shoora (Parliament)
by Order of the President, a permanent Election Commission shall be
constituted in accordance with this Article.".

(2) in clause (2), in paragraph (b),-

(i) for the word "two" the word "four" shall be substituted; and
(ii) after the words "High Court", occurring for the first time, the words "from each
Province" shall be inserted.

22. 224. In Article 224,-

(a) in clause (1),-
(i) for the word "preceding" the word "following" shall be substituted; and
(ii) for the full stop at the end a colon shall be substituted and thereafter the
following proviso shall be added, namely:-
Provided that on dissolution of an Assembly on completion of its term, the
President, in his discretion, or, as the case may be, the Governor, in his
discretion but with the previous approval of the President, shall appoint a
caretaker Cabinet.";

334
 (b) in clause (4), after the words and comma "Provincial Assembly, a", the word
"general" shall be inserted;
(c) after clause (5), the following new clauses shall be added, namely:-
"(6) When a seat reserved for women or non-Muslims in the National Assembly or a
Provincial Assembly falls vacant, for death, resignation or disqualification of a
member, it shall be filled by the next person in order of precedence from the
party list of the candidates submitted to the Election Commission for the last
general election by the political party whose member has vacated such seat.
(7) When a care-taker Cabinet is appointed, on dissolution of the National
Assembly under Article 58 or a Provincial Assembly under Article 112, or on
dissolution of any such Assembly on completion of its term, the Prime
Minister or, as the case may be, the Chief Minister of the care-taker Cabinet
shall not be eligible to contest the immediately following election of such
Assembly.".

23. 243. (1) In clause (2),-

(a) in paragraph (a), after the semi-colon at the end. the word "and" shall be added;
(b) in paragraph (b), for the word and semi-colon "and;" a full stop shall be
substituted; and
(c) clause (c) shall be omitted; and

(2) After clause (2), amended as aforesaid, the following new clause shall be added,
namely:-
"(3) The President shall, in his discretion, appoint- (a)
the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the Army Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff, and shall also determine their salaries and
allowances."

24. 260. In clause (1), after the expression "clause", the following new expression shall be
inserted, namely:-
"consultation" shall, save in respect of appointments of Judges of the Supreme Court and
High Courts, mean discussion and deliberation which shall not be binding on the
President.".
25. 268. In clause (2),-
(a) after the word "amended", the commas and words ", expressly or impliedly," shall
be inserted; and
(b) after the word "President", the words "accorded after consultation with the Prime
Minister" shall be added.

335
26. Part XII, After Article 270A. the following new Articles shall be inserted, namely:-
Chapter 7 "270AA. Validation of laws.-
(1) The Proclamation of Emergency of the fourteenth day of October, 1999,
all President's Orders, Ordinances, Chief Executive's Orders, including
the Provisional Constitution Order No.1 of 1999, the Oath of Office
(Judges) Order, 2000 (No.l of 2000), the Referendum Order, 2002 (Chief
Executive's Order No. 12 of 2002) and all other laws made between the
twelfth day of October, one thousand nine hundred and ninety-nine and
the date on which this Article comes into force, are hereby affirmed,
adopted and declared notwithstanding any judgment of any court, to have
been validly made by competent authority and notwithstanding anything

contained in the constitution shall not be called in question in any court

on any ground whatsoever.
(2) All orders made, proceedings taken, appointments made,including
secondments and deputations, and acts done by any authority, or by any
person, which were made, taken or done, or purported to have been made,
taken or done, between the twelfth day of October, one thousand nine
hundred and ninety-nine, and the date on which this Article comes into
force (both days inclusive), in exercise of the powers derived from any
proclamation, President's Orders, Ordinances, Chief Executive's Orders,
enactments, notifications, rules, orders, bye-laws, or in execution of or in
compliance with any orders made or sentences passed by any authority in
the exercise or purported exercise of powers as aforesaid, shall,
notwithstanding any judgment of any court, be deemed to be and always
to have been validly made, taken or done and shall not be called in
question in any court on any ground whatsoever.

(3) All Proclamations, President's Orders, Ordinances, Chief Executive's

Orders, laws, regulations, enactments, notifications, rules, orders or
byelaws in force immediately before the date on which this Article comes
into force shall continue in force until altered, repealed or amended by
competent authority.
Explanation.- In this clause, "competent authority" means,
(a) in respect of President's Orders, Ordinances, Chief Executive's
Orders and enactments, the appropriate Legislature: and
(b) in respect of notifications, rules, orders and bye-laws, the authority
in which the power to make, alter, repeal or amend the same vests
under the law.

(4) No suit, prosecution or other legal proceedings shall lie in any court
against any authority or any person, for or on account of or in respect of
any order made, proceedings taken or act done whether in the exercise or
purported exercise of the powers referred to in clause (2) or in execution
of or in compliance with orders made or sentences passed in exercise or
purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings
taken, appointments made, including secondments and deputations, acts
done or purporting to be made, taken or done by any authority or person

336
 shall be deemed to have been made, taken or done in good faith and for
the purpose intended to be served thereby.

27. 270B In Article 270B, after the figure and comma "1977,", the words commas, the figures,
brackets and letters "and the Conduct of General Elections Order, 2002 (Chief
Executive's Order No.7 of 2002)," shall be inserted.
28. Part XII, After Article 270B, amended as aforesaid, the following new Article shall be inserted,
Chapter 7 namely:-
"270C. Oath of office of Judges, etc.-
Notwithstanding anything contained in the Constitution, all persons appointed
as Judges of the Supreme Court, High Courts and Federal Shariat Court who
have taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2002), or
not having been given or taken oath under that Order have ceased to continue to
hold the office of a Judge shall be deemed to have been appointed or ceased to
continue to hold such office, as the case may be, under the Constitution and
such appointment or cession of office shall have effect accordingly.".

337
29. Sixth After entry 24, the following new entries shall be added, namely:- 25.
Schedule The State Bank of Pakistan Act, 1956 (XXXIII of 1956).
26. The National Accountability Bureau Ordinance, 1999 (XVIII of 1999).
27. The Balochistan Local Government Ordinance, 2001 (XVIII of 2001).
28. The North-West Frontier Province, Local Government Ordinance, 2001 (XIV of
2001).
29. The Punjab Local Government Ordinance, 2001 (XIII of 2001).
30. The Sindh Local Government Ordinance, 2001 (XXVII of 2001).
31. The Election Commission Order, 2002 (Chief Executive's Order No.l of 2002).
32. The Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of
2002).
33. The Political Parties Order, 2002 (Chief Executive's Order No.18 of 2002).
34. The Qualification to Hold Public Offices Order, 2002 (Chief Executive's Order No.
19 of 2002).
35. The Police Order, 2002 (Chief Executive's Order No.22 of 2002).".

338
 Appendix-8

P L D 2000 SC 869
SYED ZAFAR ALI SHAH AND OTHERS
V/S
GENERAL PERVEZ. MUSHARRAF,
CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
(a) Constitution of Pakistan (1973), Arts. 91(4) & 184(3)

—Preamble—Proclamation of Emergency by Chief Executive of Pakistan dated 14-10-1999—

Constitution of Pakistan 91973), Arts. 184(3) & 91(4), (5)—Extra-constitutional step of taking over the
affairs of Pakistan by the Armed Forces of Pakistan—Suspension of Assemblies and the Senate through
extra-constitutional measures by the Chief of Army Staff—Factors– Validity—Doctrine of State
necessity—Applicability—Role of public representatives—Principles of joint and ministerial
responsibility in Parliamentary system—Rest of the members of representatives bodies cannot be
absolved of their responsibility if, despite wrongdoings by the cabinet, they remained silent spectators—
Suspension of the Assemblies and the Senate through extra-constitutional measures taken by the Chief
of Army Staff, warrants validation on the ground of State necessity and State survival.
[p. 1152] Z

(b) Provisional Constitution Order (1 of 1999)—

—Preamble—Proclamation of Emergency by Chief Executive of Pakistan dated 14-10-1999—

Constitution of Pakistan (1973), Arts. 184(3) & 63(2)— Extra-constitutional step of taking over the
affairs of Pakistan by the Armed Forces of Pakistan—Factors—Validity—Ridiculing the Judiciary and
tapping of telephones of Judges of superior Courts—Debates of parliament of the relevant period clearly
demonstrated that integrity and independence of the judiciary of Pakistan were challenged by the
Members of Parliament which had the effect of defaming and bringing the Judges into ridicule and
disparaging remarks against the Judiciary crossed all limits and no Reference was made to the Chief
Election Commissioner for their disqualification as Members of the Parliament under Art. 63(2) of the
Constitution of Pakistan (1973)—Such acts of tapping the telephones of Judges of the superior Courts
and maligning the judiciary were most detestable, immoral, illegal and unconstitutional. [p. 1168] BB

Sh. Liaquat Hussain v. Federation of Pakistan PLD 1999 SC 504 and Mohtarama Benazir Bhutto‘s case
PLD 1998 SC 388 ref.

(c) Provisional Constitution Order (1 of 1999)—

339
—Preamble—Proclamation of Emergency by Chief Executive of Pakistan dated 14-10-1999—
Constitution of Pakistan (1973), Arts. 91 & 184(3)—Term ―Chief Executive‖, import of—
Constitution of Pakistan (1973) envisages Parliamentary form of Government where the Prime Minister
acts as the Chief Executive of the country—By means of Proclamation of Emergency dated 14-10-1999
as also the Provisional Constitution Order, 1999 the Constitution has been only held in abeyance and
the country is to be run as nearly as may be in accordance with the Constitution, therefore, Chairman,
Joint Chiefs of Staff Committee and Chief of Army Staff while taking over the affairs of the country
assumed to himself the title of ―Chief Executive‖—Validity—Since practically the Chairman, Joint
Chiefs of Staff Committee and Chief of Army Staff was performing the functions of the Prime Minister,
he held the position of Chief Executive in the scheme of the Constitution of Pakistan.

The term ―Chief Executive‖ means President where there is a Presidential form of Government and
Prime Minister in a Parliamentary form of Government. The Constitution of 1973 envisages
Parliamentary form of Government where the Prime Minister acts as the Chief Executive of the country.
By means of the proclamation of Emergency as also the PCO 1 of 1999, the Constitution has only been
held in abeyance and the country is to be run as nearly as may be in accordance with the Constitution,
therefore, General Pervez Musharraf, while taking over the affairs of the country, assumed to him the
title of ―Chief Executive‖. Since practically, he is performing the functions of the Prime Minister, he
holds the position of Chief Executive in the scheme of the Constitution. [p. 1208]
MM

Indian Constitutional Law by H.M. Seervai, 4th Edn., p,20; Fazalul Qadir Chaudhry‘s case PLD 1963 SC
486 and American Constitutional Law, 1995 Edn., p.204 ref.

(d) Provisional Constitution Order (1 of 1999)—Preamble—Proclamation of Emergency by Chief

Executive of Pakistan dated 14-10-1999—Constitution of Pakistan 91973), Art. 184(3)—
Extraconstitutional step of taking over the affairs of Pakistan by the Armed Forces of Pakistan—
Nature— Coup d‘etat or revolution—Coup d‘etat and revolution are interchangeable in the context
of step of taking over the affairs of Pakistan by the Armed Forces and nothing substantial would
turn on considering it from one angle or another.

In coup d‘etat as well in revolution, power changes from one man to another from one clique to another
depending upon the facts and circumstances of each case. Coup d‘etat is generally undertaken to achieve
a particular objective motivated by various considerations. [p. 1210] NN

In the context of the present case the terms coup d‘etat and revolution are interchangeable and nothing
substantial would turn on considering it from one angle or another. [p. 1210] OO

Farzand Ali v. province of West Pakistan PLD 1970 SC 98; Madzimbuto v. Lardner Burke (1968) 3
AER 561; Texas v. White 74 US (7 Wall) 700 (at p. 733), 1868; Madzimbuto v. Lardner Burke 1966
Rhodesian L. Rep. 228 (General Division); Revolution and Political Change by C. Welch and Bunker
Taintor; Attorney-General v. Mustafa Ibrahim 1964 Cyprus LR 195 Sup. Ct.; Revolutions, published
in the Irish Jurist, 1977 and Begum Nusrat Bhutto v. Chief of the Army Staff PLD 1977 SC 657 ref.

(e) Provisional Constitution Order (1 of 1999)—

—Preamble—Proclamation of Emergency by Chief Executive of Pakistan dated 14-10-1999—

Constitution of Pakistan (1973), Art. 184(3)—Extra- constitutional step of taking over the affairs of
Pakistan by the Armed Forces of Pakistan–Validity—Grant of power to Chief Executive of Pakistan to
amend the Constitution–Extent—Power of the Chief Executive of Pakistan to amend the Constitution
is strictly circumscribed by the limitations laid down by the Supreme Court—Limitations with regard
to amendment of the Constitution by Chief Executive of Pakistan as laid down by the Supreme Court
enumerated.

340
If the Parliament cannot alter the basic features of the Constitution, power to amend the Constitution
cannot be conferred on the Chief Executive of the measure larger than that which could be exercised
by the Parliament. Clearly, unbridled powers to amend the Constitution cannot be given to the Chief
Executive even during the transitional period even on the touchstone of ‗State necessity‘. The
Constitution of Pakistan is the supreme law of the land and its basic features i.e. independence of
Judiciary, federalism and parliamentary form of Government blended with Islamic Provisions cannot
be altered even by the Parliament. Resultantly, the power of the Chief Executive to amend the
Constitution is strictly circumscribed by the limitations laid down by the Supreme Court. [p. 1211] PP

Mahmood Khan Ackakzai‘s case PLD 1997 SC 426 ref.

Following are the limitations laid down by the Supreme Court with regard to the powers of Chief Executive
of Pakistan to amend the Constitution:
(i) The Chairman, Joint Chiefs of Staff Committee and Chief of Army Staff through Proclamation of
Emergency, dated the 14th October, 1999, followed by PCO 1 of 1999, whereby he has been described
as Chief Executive, having validly assumed power by means of an extra-constitutional step, in the
interest of the State and for the welfare of the people, is entitled to perform all such acts and promulgate
all legislative measures as enumerated hereinafter, namely:—

(a) All acts or legislative measures which are in accordance with, or could have been made under the 1973
Constitution, including the power to amend it.

(b) All acts which tend to advance or promote the good of the people.

(c) All acts required to be done for the ordinary orderly running of the State; and

(d) All such measures as would establish or lead to the establishment of the declared objectives of the
Chief Executive.

(ii) That Constitutional Amendments by the Chief Executive can be resorted to only if the
Constitution fails to provide a solution for attainment of his declared objectives and further that the
power to amend the Constitution by virtue of clause (6), sub-clause (i)(a) ibid is controlled by
subclauses (b),(c) and (d) in the same clause.

(iii) That no amendment shall be made in the salient features of the Constitution i.e. independence of
Judiciary, federalism, parliamentary form of Government blended with Islamic provisions.

(iv) That Fundamental Rights provided in Part II, Chapter 1 of the Constitution shall continue to hold
the field but the State will be authorized to make any law or take any executive action in deviation of
Articles 15, 16, 17, 18, 19 &24 as contemplated by Article 233(1) of the Constitution, keeping in view
the language of Articles 10, 23 and 25 thereof.

(v) That these acts, or any of them, may be performed or carried out by means of orders issued by
the Chief Executive or through Ordinance on his advice;

(vi) That the superior Courts continue to have the power of judicial review to judge the validity of
any act or action of the Armed Forces, if challenged, in the light of the principles underlying the law of
State necessity as sated above. Their powers under Article 199 of the Constitution, thus, remain
available to their full extent, and may be exercised as heretofore, notwithstanding anything to the
contrary contained in any legislative instrument enacted by the Chief Executive and/or any order issued
by the Chief Executive or by any person or authority acting on his behalf.

341
(vii) That the Courts are not merely to determine whether there exists any nexus between the orders
made, proceedings taken and acts done by Chief Executive or by any authority or person acting on his
behalf, and his declared objectives as spelt out from his speeches, dated 13th and 17th October 1999,
on the touchstone of State necessity but such orders made, proceedings taken and acts done including
the legislative measures, shall also be subject to judicial review by the superior Courts. [p. 1220] QQ

(f) Provisional Constitution Order (1 0f 1999)

—Preamble—Proclamation of Emergency by Chief Executive of Pakistan dated 14-10-1999—Oath of

Office (Judges) Order (1 of 2000), preamble— Constitution of Pakistan (973), Arts. 209 & 184(3)—
Extra-constitutional step of taking over the affairs of Pakistan by the Armed Forces of Pakistan —
Validity—Supreme Court Judicial Council–Judges of the Supreme Court and High Courts cannot be
removed without resorting to the procedure prescribed in Art. 209 of the Constitution— Cases of the
Judges who ceased to be Judges of the Supreme Court and High Courts by virtue of Oath of Office
(Judges) Order, 2000, however, was hit by the doctrine of past and closed transaction and could not be
re-opened. [pp. 1211, 1212] RR & SS

(g) Provisional Constitution Order (1 of 1999)—

—Preamble—Proclamation of Emergency by Chief Executive of Pakistan dated 14-10-1999—Oath of

Office (Judges) Order (1 of 2000), Preamble— Constitution of Pakistan (1973), Preamble, Arts. 209 &
184(3)—Past and closed transaction, doctrine of—Applicability—Cases of former Chief
Justice and judges of Supreme Court who had not taken oath under the Oath of Office (Judges) Order,
2000 and those Judges of the Lahore High Court, High Court of Sindh and Peshawar High Court, who
were not given oath, could not be reopened being hit by the doctrine of past and closed transaction. [pp.
1219, 1220, 1222] QQ & BBB

The cases of former Chief Justice and Judges of the Supreme Court, who had not taken oath under the
Oath of Office (Judges) Order, 2000 (Order 1 of 2000), and those Judges of the Lahore High Court,
High Court of Sindh and Peshawar High Court, who were not given oath, cannot be reopened, being
hit by the doctrine of past and closed transaction.

The practical effect of the above observation is that the action of the Chief Executive in this behalf has
been validated. It is a well-settled principle that in such situations the Court may refuse relief in respect
of a particular decision, but go on to determine the general question of law or interpretation that the
case raises. Clearly, the Judges of the Superior Judiciary enjoy constitutional guarantee against arbitrary
removal. They can be removed only by following the procedure laid down in Article 209 of the
Constitution by filing an appropriate reference before the Supreme Judicial Council and not otherwise.
The validity of the action of the Chief Executive was open to question on the touchstone of Article 209
of the Constitution. But none of the Judges took any remedial steps and accepted pension as also the
right to practise law and thereby acquiesced in the action. Furthermore, the appropriate course of action
for supreme Court in these proceedings would be to declare the law to avoid the recurrence in future,
but not to upset earlier actions or decisions taken in this behalf by the Chief Executive, these being past
and closed transactions. The Courts can refuse relief in individual cases even though the action is
flawed, depending upon the facts and circumstances of each case. The action of Chief Executive in the
context given above has not encroached on the judicial power or impaired it in the process. However,
the observations made herein as to the declaration of law under Article 209 of the Constitution would
not entitle the relevant authorities or Supreme Court to reopen the cases of the above Judges which have
become final. [p. 1211] RR

The Judges of the Supreme Court and High Courts cannot be removed without resorting to the
procedure prescribed in Article 209 of the Constitution, but the cases of Judges who ceased to be
Judges of the Supreme Court and High Courts by virtue of Oath of Office (Judges) Order, 2000

342
(Order 1 of 2000) is hit by the doctrine of past and closed transaction and cannot be reopened. [pp.
1212, 1219, 1220, 1222] SS, QQ & BBB

(h) Constitution of Pakistan (1973), Arts. 209 & 184(3)

—Provisional Constitution Order (1 0f 1999), Preamble—Proclamation of Emergency by Chief

Executive of Pakistan dated 14-10-1999—Oath of Office (Judges) Order (1 of 2000), Preamble—
Constitution of Pakistan (1973), Preamble and Arts. 184(3) & 209—Accountability, process of—
Government shall accelerate the process of accountability in a coherent and transparent manner justly,
fairly, equitably and in accordance with law— Judges of superior Courts were subject to accountability
only, in accordance with the methodology laid down in Art. 209 of the Constitution of Pakistan (1973).
[pp. 1219, 1220, 1222] QQ & BBB

(i) Constitution of Pakistan (1973) Arts. 243 & 184(3)

—Command of Armed Forces—Removal of Chief of the Army Staff and Chairman, Joint Chiefs of
Army Staff Committee—Procedure—Chief of the Army Staff and Chairman, Joint Chiefs of Army
Staff Committee being a holder of constitutional post, his arbitrary removal in violation of the principle
of audi alteram partem was ab initio void and of no legal effect. [pp. 1219, 1220, 1222] QQ
& BBB

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 Appendix-9

PROVISIONAL CONSTITUTION ORDER, 1999

PROVISIONAL CONSTITUTION ORDER, 1999

(P.C.O.1OF1999)
October 14, 1999

In pursuance of Proclamation of the 14th day of October, 1999, and in exercise of all powers enabling him in
that behalf, the Chairman Joint Chiefs of Staff Committee and Chief of Army Staff and Chief Executive of
the Islamic Republic of Pakistan under the Proclamation of Emergency of 14th day of October, 1999
(hereinafter referred to as the Chief Executive) is pleased to make and promulgate the following Order:-

1. (1) This Order may be called Provisional Constitution Order No. 1 of 1999.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. (1) Notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan,
hereinafter referred to as the Constitution, Pakistan shall, subject to this Order and any other
Orders made by the Chief Executive, by governed, as nearly as may be, in accordance with the Constitution.

(2) Subject as aforesaid, all Courts in existence immediately before the commencement of this Order
shall continue to function and to exercise their respective powers and jurisdiction:

Provided that the Supreme Court or High Courts and any other Court shall not have the powers to make any
order against the Chief Executive or any person exercising powers or jurisdiction under his authority.

(3) The Fundamental Rights conferred by Chapter I of Part II of the Constitution, not in conflict with
the Proclamation of Emergency or any Order made there under from time to time shall continue to be in
force.

1[(4) Notwithstanding anything contained in the Proclamation of the Fourteenth day of October, 1999 or this
Order or any other law for the time being in force, all provisions of the Constitution of the Islamic Republic
of Pakistan embodying Islamic Injunctions including Articles, 2, 2A, 31, 203A to 203J, 227 to 231 and 260
(3)(a) and (b) shall continue to be in force and be deemed to have always so continued to be in force and no
provisions aforesaid shall remain in abeyance or be deemed to have remained in abeyance at any time.]

3. (1) The President shall act on, and in accordance with the advice of the Chief Executive.

(2) The Governor of a Province shall act on, and in accordance with the instructions of the Chief Executive.

4. (1) No Court, tribunal or other authority shall call or permit to be called in question the Proclamation of
Emergency of 14th day of October, 1999 or any Order made in pursuance thereof.

(2) No judgment, decree, writ, order or process whatsoever shall be made or issued by any Court or tribunal
against the Chief Executive or any authority designated by the Chief Executive.
5 2[(1)]. Notwithstanding the abeyance of the provisions of the Constitution, but subject to the Orders of the
Chief Executive all laws other than the Constitution 3[all Ordinances, Orders, Rules, Bye Laws, Regulations,
Notifications, and other instruments in force in any part of Pakistan whether made by the President or the

344
Governor of a Province] shall continue in force until altered, amended or repealed by the Chief Executive or
any authority designated by him.

2[(2) In all laws including all Acts, Ordinances, Orders, Rules, Bye-laws, Regulations, Notifications and all
other legal instruments in force in any part of Pakistan whether made by the President or the Governor of a
Province the words "Prime Minister" and the words "Chief Minister", wherever occurring, shall be deemed
substituted by the words "Chief Executive of the Islamic Republic of Pakistan" and "Governor" respectively.]

4[5A (1). An Ordinance promulgated by the President or by the Governor of a Province shall not be subject
to the limitation as to its duration prescribed in the Constitution.

(2) The provisions of clause (1) shall also apply to an Ordinance issued by the President or by the Governor
which was in force immediately before the commencement of the Proclamation Order of Chief Executive of
the Fourteenth day of October, 1999.]

6. The Proclamation of Emergency issued on 28th day of May, 1998, shall continue but subject to the
provisions of Proclamation of Emergency dated 14th day of October, 1999 and this Provisional Constitution
Order and any other Order made there under.

7. All persons who, immediately before the commencement of this Order, were in the service of
Pakistan as defined in Article 260 of the Constitution and those persons who immediately before such
commencement were in office as Judge of the Supreme Court, the Federal Shariat Court or a High Court [or
Chief Election Commissioner] or Auditor-General or Ombudsman and Chief Ehtesab Commissioner, shall
continue in the said service on the same terms and conditions and shall enjoy the same privileges, if any.

Appendix No 10: Questionnaire

Working of civilian governments during the military regimes:

345
 A case study of Zia & Musharraf Era
Characteristics of respondents:

In Service  Retired

Designation___________________________________________________

Politician Minister
1. What should be the nature of civil military Strongly Agree Disagree Strongly
relations? Agree Disagree
A. military must follow the civilian
government.
B. Mutual understanding is better.
C. government must follow the military
approved policies.

D. Remarks………………………………………………………………………………………

……………………………………………………………………………………………………

Q.2. why did civil military relations remain strained S/A A D S/D
in past (in Pakistan)?
A. Lack of political leadership.
B. Military showed interest in political affairs.
C. Both (civil & military) departments crossed
their defined limitations.

D. Remarks…………………………………………………………………………………………

……………………………………………………………………………………………………
Q.3. Why did military introduce such controlled S/A A D S/D
democracy?
A. Political elites were not in the position to run
the administration.
B. Military secured itself with this system.
C. The controlled political system was suitable to
the masses of Pakistan.

D. Remarks…………………………………………………………………………………………

……………………………………………………………………………………………………

Q.4. Why did Zia-ul-Haq conducted non party based S/A A D S/D
elections?

346
A. Zia had no trust over the political parties.
B. At that time PPP was famous and Zia did not like it.
C. Afghan war could not be managed by the political
leaders.

D. Remarks…………………………………………………………………………………………

……………………………………………………………………………………………………
Q.5. The enlightenment of Musharraf was? S/A A D S/D
A. The need of the hour(like islamization of zia)
B. Just a slogan.
C. A tool for strengthening the democracy.

D. Remarks…………………………………………………………………………………………

……………………………………………………………………………………………………
Q.6. Why retired military officers of US are successful S/A A D S/D
in politics but not in Pakistan?
A. Political culture of Pakistan is not developed.
B. Retired military officers has no interest in politics.
C. People never accepted these military men in
politics.

D. Remarks………………………………………………………………………………………

……………………………………………………………………………………………………
Q.7. Doctrine of necessity was? S/A A D S/D
A. The safety of the federation.
B. Protection of the military.
C. Reintroduction of the free and fair political
democratic culture.

D. Remarks………………………………………………………………………………………
……………………………………………………………………………………………………
Q.8.Military did not interrupt in India because? S/A A D S/D
A. Political institution and leadership are strong.
B. Military is loyal to the government.
C. People do not like the military intervention.
D. Remarks…………………………………………………………………………………………

…………………………………………………………………………………………………….....

347
 Appendix No 11

Respondents of Questionnaire from each class

Intellectuals Politicians Judiciously Military

Professors Associate Lecturers MPA MNA Senators Civil Not Mentioned Advocates Brigadier Colono Not
Professors Judges Designation (Rtd) ls Mentioned
(Rtd) (Rtd) Designation

20 22 23 23 19 23 04 10 51 03 02 60

I. Total Respondents are 260 with 65 from each class with different designations.

348
 Appendix No.12

List of respondents

Those have permitted to mention their names

Sr.No intellectuals politicians Judiciary Military
1 Prf.Dr. Iram Khalid Ishaq Dar Addit-session Brgd F.K.Khan
JudMalik M. Asif Burki(rtd)
2 Prf.Dr.Rehana Saeed Raja Zafar-ul-Haq Mr.Justice Ali Brgd.M.Aslam
Hashmi Nawaz Ghuman(rtd)
3 Prf.Dr.Gulshan Majeed Ch.Shujat Mr.Farhan Nabi Brigd Noor
Mahi(rtd)
4 Prf.Dr.Mubeen Adnan Mushahid Hussain Mr.Malik Ahsan Colo. Sultan
Syed Sakinder(rtd)
5 Prf.Ali Naqvi Javid Hashmi Mr.Ijaz Raza Colo.Abdul-
Kareem(rtd)
6 Prf.Ch.M.Ashraf Ahsan Iqbal Mr.Musanif Ali
Joia
7 Prf. Fiaz Ikram Usma Ibrahim Mr.Zakir Husain
Gaddi
8 Prf. Mian Ashraf Khwaja Asif Mr.Safder
Mahmood
9 Prf. M.Riaz Khwaj Saad Rafique Mr.Haq Nawaz
10 Prf.Fiaz Bouter Khurram Dastgir Mr.M.Shabeer
11 Prf. Asgar Nasir Mian Javid Latif
12 Prf.Dr.Tahir But Mahmood Bashir
Virk
13 Prf.Dr.Zafar Iqbal Ch.Rafaqat Ali
14 Prf.Masood Sarwar Ch.Arfan Bashir
Ghuman
15 Prf. Malik Muddasir Qume
AbdulRasheed Nahira
16 Prf.Raffi Mumtaz
17 Prf.M.Nasir Mehmood

Those have not allowed mentioning their names

Sr.No intellectuals politicians Judiciary Military
1 48 50 56 60
 Specially in-service persons not allowed to mention their names & designation

349
350