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Old Tuesday, June 14, 2011
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Post Political System of Turkey

Reforms of Ataturk (Kamalism)



Historical Background:
Turkey remained citadel of the grandeur of the Ottoman Empire for many centuries in the past. Its pristine hegemony declined gradually especially during nineteenth century. Western imperialism through intrigues and diplomatic techniques infused disruption in the Muslim Ummah with the object to destabilize and annex Muslim territories. The secular and the anti-Islamic elements got organized under the banner of Arab Nationalism in pursuance of their own goals.

During World War I, Turkey was an ally of Germany. Its territorial integrity got setback as a result of defeat in the World War. Consequently, it lost not only its dependencies in the Middle East, but was deprived of certain purely Turkish territories at the hands of the western nations. Some of these parts of Turkey were liberated by the Turkish forces under the command of Kemal Ataturk. He became the national hero and got developed the cult of his personality. Imprints of his thinking later dominated and shaped the socio-political life of modern Turkey.

Ataturk introduced multi-dimensional changes in all spheres of life for the purpose of national reconstruction and development. These reforms aimed not only at the material advancement but focused at the nourishment of progressive thinking and inculcation of new secular values as well. He was deadly opposed to the adoption of conventional life style which reflected religious thinking. Consequently, Ataturk initiated anti-religious policies in order to uproot the conventional attitudes and stagnation. An important step in this direction was the shifting of the capital from Istanbul to Ankara.

Ataturk was elected by the Grand National Assembly as head of the state and invested with absolute powers. He pronounced the following principles as the basis of the new order: Republicanism, Secularism, Turkish Nationalism, Revolutionary reforms and ascendancy of the popular will. He introduced various reforms in pursuance of these declared objectives.


1. Secularization:
Anti-religious activities were encouraged during the Secularization of the society while whole process of revolutionary changes under official patronage, explicitly manifested anti-religious trends. Turkey was declared a secular state and Islam discarded as state religion in 1928. The long-standing traditional institution of “Khilafat” was also abolished which symbolized the unity of Muslim Ummah. The last Ottoman Caliph was put in exile and on 3rd March 1924, the abolition of Caliphate was approved by the Turkish Grand Assembly. Sunday was replaced by Friday as weekly holiday; all religious institutions and Madaras were deprived of official patronage and denied financial grants.

Arabic script got substituted by Latin One in 1928 while many constraints were put on the promotion and publication of Arabic literature. It is to be noted that the Constitution of 1945 was written in Latin Language. The so-called progressive elite and self-styled intellectuals attributed all ills of the contemporary Turkish society and the miseries confronted by the people to religious past of Turkey.


2. Changes in Legal System:
In his drive for Europeanization of the society, Ataturk abolished the whole system of Shariat Courts and replaced Shariat laws with European code. Civil law of Switzerland was adopted and given name as Turkish civil code, replacing Muslim law of inheritance, family laws and other aspects of personal law. The Criminal Law of Italy and Commercial Law of Germany were assimilated in the respective codes of Turkish Law. The principle of “Rule of Law” borrowed from British Legal System, however, ensured to some extent, the protection of fundamental rights.


3. Direction of Social Change:
The cultural patterns and lifestyle of the Turkish Society was remodeled. Women folk were ensured equal rights in all walks of life with men and their active participation in public life encouraged. They were recruited in civil services on large scale. They were required to wear Western dress and discard “Burqa”. Polygamy was disallowed. The wearing of traditional dress by Turkish men was discouraged and many constraints were put on it. They were not allowed to wear Turkish cap. All the government servants were ordered to wear European dress along with hat. European calendar replaced “Qamri” calendar. During this drive for secularism and modernism, Ataturk was fully supported by the military while the secular elements and so-called progressive intelligentia also sided with the regime.


4. Economic Development:
Economic system, under “Malukiat”, of course, remained stagnant, hence resulting in unfair distribution of wealth and economic backwardness. None of the positive steps could be taken in the field of trade and industry whereas the contemporary Western civilization had made tremendous advancements in the field of science and technology. Ataturk paid special attention to the issue of economic uplift of the society and introduced reforms in industry and agriculture. A comprehensive economic planning was launched aiming at the improvement ion the commercial and agricultural output. Mineral resources were exploited and divergent schemes, attracting investments in industry floated. Certain big industries were put under state ownership. Barter system was encouraged as a principle in respect of extending trade links with other nations.


5. Administrative Reforms:
State administration was remodeled on modern lines and central governmental control made more effective. For administrative convenience, the whole territory was divided into new provinces, districts and in other small administrative units. The role of civil-military bureaucracy was imperative in promoting administrative output. Nevertheless, bureaucratic elite adopted European life style with full orientation to Western values and became allergic of oriental values. This class vehemently executed all reforms in letter and spirit with a missionary zeal.


6. Changes in Political System:
Ataturk paid much attention to the promotion of national solidarity, attainment of political stability and adopted a policy of administrative centralism. In foreign affairs, he acted on the principle of Peaceful Coexistence and the promotion of good relations with other countries. His main concern was the promotion of internal peace and advancement in all directions. Turkey under Ataturk, strengthened ties of friendship even with those Western European countries who has been its enemies during World War I. the same policy was adopted in promoting cordial relations with countries of Eastern Europe.

Political system remained autocratic under Ataturk as he ruled arbitrarily. The opponents were crushed and their political activities banned. Religious elements, specifically became the target of brutality of the ruling Junta, as they were deprived even of their fundamental rights. Anti Islamic policies were enforced in the guise of secularism. They consciously obstructed the way of all such efforts as indicated policy of revulsion to religious past.
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Old Wednesday, June 15, 2011
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Post

Turkish Constitution



The intention of the Framers of the constitution was to ensure political stability and promotion of domestic tranquility and for this purpose they envisaged a quasi democratic structure that would suit to the needs of Turkish society. Hence people’s expectations and requirements of stable order are judiciously integrated within the framework of the constitution. Parliamentary system has been reinforced under a strong Presidency. Multiple party system has been allowed under the constitution, and constitutional protection provided to public liberties.

Salient Features



Preamble:
The constitution of 1982 is a lengthy document comprising 177 articles divided into seven chapters. According to the Preamble, this document truly manifests the aspirants of the Turkish nation and the values and beliefs based on Kamalate culture legacy. Turkey has been declared a modern secular polity in which religious beliefs have nothing to do with politics. The constitution ensures the protection of fundamental rights to all without any discrimination, while Turkish language has been declared as official language.


1. Supremacy of the Constitution:
The constitution recognizes the sovereignty of the popular will which finds its exposition through established institutions. The constitution stands paramount and it ensures national independence, its solidarity, democracy, peace and tranquility.


2. Amendment in the Constitution:
The constitution is partly flexible and partly rigid in the sense that different procedure is required for constitutional amendment, than the one adopted for alterations in statutes. The Grand National Assembly is authorized to initiate proposals for amending the constitution with the support of its one third members and can be ratified by two thirds majority. It is worth pointing out that the reforms introduced by Ataturk, which are regarded as the ideological and cultural legacy of the Founder, are exempt from alterations. Some of these are, for instance secular educational system, wearing of hat by men, banning “Derveish Madaras” the presence of state officials at wedding ceremony, preservation of Turkish manuscript, prohibition of the use of such titles as Afandi, Pasha etc.


3. Balanced Separation of Powers:
The constitution stands paramount hence it is the source of all authority. Grand National Assembly is the supreme legislative organ while executive powers belong to the President and the Council of Ministers. The President controls on the one hand, the Council of Ministers and holds, somewhat superior position over the Prime Minister. He can exercise even such administrative powers in collaboration with the Cabinet, as are normally exercised exclusively by the Cabinet within a parliamentary form of government. The President also plays vital role even in legislation. He can not only block the way of legislation rather is authorized to dissolve the National Assembly.

All judicial powers are assigned to the courts established within the constitutional framework. A comprehensive and well-knit distinct system comprising military and administrative courts operate side by side with the normal state courts. Hence a balance has been maintained between the requirements of traditional parliamentary patterns and the features of autocratic military rule.


4. Parliamentary System:
The system of government in one sense can be termed parliamentary as the Prime Minister and other ministers are taken from the National Assembly and are held accountable to it and to the President. The latter is fully authorized to remove any of the ministers. The Cabinet is collectively accountable to the National Assembly.


5. Unicameral Legislature:
Turkish Grand National Assembly has been indefeasible part of its political legacy. It was on the basis of its religious decree (Ijma) that Ataturk had pronounced the abolition of “Khilafat”. Its central and pivotal position has been preserved within the present constitutional setup as well. National Assembly is elected for a period of five years, which can be extended or minimized under extraordinary circumstances. Apart from its position as the supreme law-making body it is vested with the power to control the executive, as most of the ministers are its members. The Assembly also ratifies the treaties made with foreign governments.


6. Judicial System:
The constitution ensures the independence of courts and the judges are given security of service in addition to many other privileges. Proper safeguards have been provided to preserve the integrity and dignity of judges. The courts exercise the power of judicial review over all actions of the administration.


7. Rights and obligations:
A list of fundamental rights has been incorporated in the 2nd part of the constitution. The underlying philosophy of fundamental rights has been made subservient to the requirements of justice, fair play and secular ideology of Turkey. The enforcement of fundamental rights can be suspended partially or completely, as the circumstances so demand, during a period of emergency, mobilization, war or Martial Law. Some of the important fundamental rights are: right to life, personal security, security against servitude, right to privacy, freedom of movement, freedom of expression, freedom of conscience and press, right to form associations, hole public meetings, organize demonstrations within the limits of law, right to private ownership, right to earn one’s livelihood etc.


8. Right to form Political Parties:
The constitution recognizes the right of all citizens of 21 years or above to form political parties and join or leave their membership. Nevertheless, only such political parties can be formed as pledge to adhere to secular ideology and promote national solidarity. Formation of a new political party is subject to the permission granted within the limits of law. Parties are required to observe rules and norms provided in the Political Parties Act, hence no party can be formed on the basis of religion. Every political party is registered entity which is not permitted to give financial help nor receive from any trade union or interest group. The constitutional court is fully competent to make decision regarding banning any political party.


9. Proclamation of Emergency:
Under the circumstances of acute political unrest or economic disruption, emergency may be proclaimed in any part or in the whole of the country. The Council of Ministers can make as announcement to this effect. Such Proclamation shall be valid for a period not exceeding six months.


10. Imposition of Martial Law:
To incorporate provisions regarding the possibility of imposing Martial Law within democratic constitutional framework is a peculiar feature. Turkish constitution provides that under extraordinary circumstances beyond the control of the civil government, Martial Law may be imposed. Hence the President in the Council of Ministers can announce this step for the whole of the country or any part thereof for a period not exceeding six months. Such a pronouncement is required to be submitted before the National Assembly for its approval and in case it is not in session, special session shall be convened. The latter is fully competent to make alterations in the period of its enforcement or repeal it.
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  #3  
Old Friday, June 17, 2011
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Post

Grand National Assembly


Grand National Assembly holds a pivotal position in the working of the Turkish political system. It is organized on the established norms of a parliamentary setup and enjoys the position of a supreme law making body on the one hand, while performs the function of controlling the executive authority on the other. It elects the persons for top positions such as the President, Prime Minister and other ministers.


Composition:
Grand National Assembly is a unicameral legislature consisting of 550 members. All members are directly elected by the people by secret ballot on the basis of adult suffrage.


Duration:
Duration of Grand National Assembly is five years subject to alteration under extra ordinary conditions. It will, however, be four years after the next parliamentary election. The Assembly is authorized to decide by the majority vote about the holding of fresh elections prior to the completion of its prescribed duration.


Powers and Functions


1. Legislative Powers:
The primary function of the Grand National Assembly is to enact new laws and make alterations, whenever required, in the existing laws. The ministers introduce most of the bills on the floor of the assembly and actively participate in the process of law-making. They normally remain present on the floor of the chamber to defend their policies and pilot the bills through the legislative routine. Grand National Assembly may delegate the power of issuance of decrees to the Council of Ministers. Such decrees hold the validity of law so long as these remain operative. A law passed by the Assembly which authorizes the executive to promulgate decrees, shall also specify its scope, duration and underlying principles.


2. Control over the Executive:
All the members of the Council of Ministers participate in the deliberations of the Assembly. They have to answer the questions asked by the members. The Assembly can effectively control policy process by asking questions, moving resolutions and different motions. Parliamentary inquiries are a useful device to check the autocratic trends of the executive. The Assembly enjoys the most effective power to pass a no confidence motion against the Cabinet and remove the ministers from the office.

All the treaties made with foreign countries and declaration of war, got to be ratified by the Assembly. The Grand National Assembly is fully authorized to allow the use of army in respect of fulfillment of treaty obligations or those of international law. The Assembly is competent to allow the stay of foreign troops in Turkey or give them free passage in Turkish territories. In pursuance of the fulfillment of international treaty obligations, Turkish National Assembly shall be competent to depute army troops in a foreign country.


3. Control over Finance:
It is due to its control over financial legislation that the National Assembly can indirectly shape public policies. The Assembly enacts finance Act and appropriation Act on the basis of estimates of expenditure and proposals for raising funds. The legislators undertake exhaustive deliberations on the budgetary proposals and frequently move cut motions to tame the government.


4. Judicial Powers:
Though its legislative powers and fiscal control, National Assembly can indirectly affect organization of judiciary and its working. It can also grant general amnesty but it does not apply to the crimes committed against national ideology and country’s solidarity. National Assembly exercises the right to confirm death sentences given by the courts.


5. Redressal of Grievances:
Being a popular chamber, Grand National Assembly performs an important role to redress public grievances. During exhaustive deliberations on the floor of the House, public problems are thoroughly examined and freely discussed. By passing different resolutions, the House can express its opinion, condemning or appraising certain policies.


6. Parliamentary Enquiries:
Request for holding parliamentary enquiry can be made with the support of one tenths of the total membership of National Assembly, against the conduct of any minister or even against the Prime Minister. The Assembly discusses the case thoroughly and makes final decision by majority vote. The affected party has the right to present its case in the Supreme Court.
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Old Saturday, June 18, 2011
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Post

Role of Army in Politics



Historical Background:
Turkish society had to face an acute depression after its defeat in World War I. It was deprived not only of its dependencies of Middle East of Ottoman period but lost also its certain purely Turkish territories. Turkish army under the valiant command of Ataturk, liberated few lost areas from the domination of allied forces. The military leadership vehemently faced the hardships and started the task of national reconstruction with a missionary zeal. In his drive for Secularism and Modernism, Ataturk used all tools of oppression and coercion at his disposal to the extent of eliminating all symbols of historical past of Turkish Society. Orientation of military training depicted the same trend. Imprints of Western Civilization and culture became more and deeper on the army after Turkey became member of NATO. The new socio political order did not remain merely secular, rather became clearly anti-Islamic.

The newly developed system remained stable and government’s control over the society was firm and tight during the lifetime of Ataturk. But things changed after his death and natural urge for participation in the statecraft on the part of people grew stronger gradually. As a reaction to the secular and anti-Islamic policies of the military regimes, the Pro-Islamic elements gained momentum. Condemnation of military rule was the natural result which found its exposition in various directions. Lifting the ban on the political parties was an event which gave fillip to the lust for democratic system among the masses.

The newly elected government perceiving the popular will, adopted moderate policies and lifted excessive restrictions on the religious activities. The new policies indicated soft corner for religious elements and relaxation on religious activities, which was a clear deviation from the Kamalate legacy.

The liberal policy introduced by the Democratic Party’s government of Adnan Mendris, stands a clear testimony to this. This party was formed in 1946 with Jalal Bayar and Adnan Mendris as its founders. Democrats got victory in the election held in 1950 and formed the government to the dislikeness of the army. Intervention of military in politics at intervals blocked the way of the growth of democratic institutions. Acute polarization and perpetual conflict based on violence among political parties paved the way for army’s involvement in political life.

An analysis of the political role of army would reveal that out of eighty years of its history after World War I, Turkey remained under the rule of a civilian president for not more than a period of a decade only. All the constitutions of modern Turkey were framed under military rule. The underlying factors that account for military’s intervention in civil life are classified below:


1. Political Instability:
Such a strong leadership could not emerge after the death of Ataturk in 1938, as could tackle and face extra-ordinary difficult problems generated by war. The successor government was not strong enough to have a firm hold over public affairs, while demands for popular participation in decision-making gained momentum. Mostly civilian governments were formed, which were not stable hence unable to implement public policies in an effective manner. Consequently, it would directly or indirectly intervene in the political affairs during political chaos and unrest.


2. Lust for Power:
The temperament of the military became more and more political due to its excessive involvement in civil affairs at intervals, implicating factional tussles within the army ranks. If one group of army officials supported Democrats, the other developed a leaning towards Republicans. Another reason responsible fro intervention of military in political life was inspired by vested interests and getting more and more benefits for the army.


3. Role as Agent of Modernization:
The positive role of the army with regard to modernization and national reconstruction has also supported the claim of the army to act as arbiter during political crisis. During a period of military rule, political stability can be attained which is considered, of course, indispensable for national progress. In contrast to this, the civilian period in Turkey has been generally marked by political strife, violence and polarization. Some civil governments had invariably accepted the role of army and depended on its support. Civil administration, under such conditions, became loose, paving the way for direct control of political life by the army.


Conclusion:
The military regime performed, no doubt positive role in national reconstruction and development. But Turkish political system was no exception to save itself from injurious effects of military’s involvement in civil affairs. Hence the main beneficiary of the fruits of so called economic development and political stability was the military which exhausted a large part of the national wealth and its resources even at the cost of economic needs of other classes especially those of the rural areas. The military monopolized even civil offices where military personnel were deputed frequently, giving civilian affairs an outlook of military’s professional values. Polarization, party politics and factionalism penetrated within the army ranks.

The attitude of the army hindered the growth of healthy democratic atmosphere. Instead of performing the role of arbiters and mediators, the army chiefs generally got involved in party politics, supporting a particular party and denouncing the other. The policies adopted by the military regime during post World War I period proved, no doubt, positively fruitful but under the changed scenario, the defence forces are well advised to limit their sphere of action to defence affairs only and improve their professional competence.
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