A Different Democracy

By Atta-ur-Rahman

Pakistan is plagued with two closely interconnected problems: (1) the stranglehold of an archaic feudal system that has been responsible for rampant corruption at all levels, and (2) massive illiteracy due to this feudal stranglehold. These two factors have prevented Pakistan from making any progress in the last 65 years.

There are three main forms of democracy: (1) direct democracy; (2) presidential democracy; and (3) parliamentary democracy. In direct democracy, exemplified by Switzerland, the president can be appointed from among the federal ministers for a defined time period. All major political parties are involved in the government and there is no possibility of dissolution of parliament which is for a defined legislative period.

The federal ministers need not be appointed from parliament but can be appointed directly. There are regular referendums carried out to determine the will of the people in respect of important individual laws before they are approved and promulgated. This can create problems for implementation of new ideas and concepts quickly.

In the presidential form of democracy, as exemplified by the USA and France, the president is both the head of state and the head of government. The president is directly elected by the people and he then selects the federal ministers who need not be from parliament. This gives him the freedom to choose the most competent and eminent persons in their respective fields who would normally not be inclined to fight in an election and become members of parliament.

The president may belong to a political party but he is elected for his personality and his outstanding credentials – not just because he may be associated with a political party. He is powerful and has the right to block a law by his power of veto.

In the parliamentary system of democracy, as practiced in Pakistan, India, the UK, Germany, Italy and many other countries, the president (or king/queen) is expected to have a symbolic function; with the prime minister is the head of government. This has not been true in Pakistan during the last decade with the result that the president has been involved in many governance matters.

The ministers are appointed only from parliament, and if the main political party has a majority, or if there is a weak opposition, then there are few checks and balances against corruption and wrong doings.

In a previous article (The News, August 25, 2012) I had advocated the need for a presidential system of democracy in Pakistan, rather than the present British parliamentary system of democracy, which has been an abject failure.

The steps that need to be taken are further elaborated as follows:

1) Changes should be brought into the Constitution so that the nation should elect the most outstanding person available as the president. He should first be vetted by a “Judicial Council of Elders” (comprising reputable retired judges of the High Court and Supreme Court with impeccable character) in respect of his suitability for the post before being allowed to contest for this top position. He should then select the cabinet ministers from the best persons available in the country, and ‘not’ from parliament. They should be persons of spotless character, who should also be vetted through the “Judicial Council of Elders” prior to appointment.

2) As the role of parliament is primarily that of law making, it is important that parliamentarians be literate and well educated. The new constitution should therefore lay down that at least 70 percent of the members of parliament should have Masters degrees and the remaining 30 percent should have passed matriculate exams. Election to parliament should not be allowed unless the candidates have been vetted and found suitable by the “Judicial Council of Elders”.

3) The voting rights should be limited to the literate. One reason for the failure of democracy in Pakistan is illiteracy. When the majority cannot read or understand the different policies of the political parties, they can be easily manipulated and exploited. It is important therefore to limit the voting rights to persons who have qualified with at least secondary school level education.

4) The secretaries must be specialists in their respective fields and not persons with just a general educational background. Each secretary must be supported by a powerful think tank, comprising the best professionals available in that field who could support the efforts of the ministry in tackling the problems at hand and planning for the future in a very professional manner.

5) To curb terrorism and corruption, the justice system needs to be completely overhauled with the addition of at least 10,000 additional judges on contractual basis with a regular check on their performance and productivity. Their emoluments should be linked to their output and the quality of their judgments as assessed independently. They should be required to dispose of at least 3-4 cases each month, so that there are at least 30,000 cases decided on a monthly basis.

If the expenditure on each judge is about Rs100,000 per month, then with an investment of about Rs12 billion annually it should be possible to provide quick justice. It is important to clear all back logs and ensure that all future cases are decided within three months. For terrorism cases judges and witnesses must be given full protection, and special courts with fast case disposal mechanisms would need to be constituted.

6) A major factor for the rapid deterioration of our institutions such as the PIA, Railways, Pakistan Steel and others is the appointment of cronies as heads of such institutions and as members their governing bodies, thereby breeding corruption. These organisations must be made completely autonomous with the heads and members of their governing bodies being appointed by their respective governing bodies after screening by a “Judicial Council of Elders”. The same should be done with such organisations as the NAB, FIA and others so that government control and interference is completely eliminated and they can take action against those in power without fear or prejudice

7) In order for Pakistan to emerge from its present depths of ignorance and poverty, and migrate to a knowledge economy, a national educational emergency should be promulgated and the constitution modified to guarantee that at least 7 percent of the GDP is set aside for education, science and technology and to promote innovation and entrepreneurship.

Radical changes in the Constitution, to incorporate the reforms described above, are needed if we are to emerge from the present mess. The proposal made above requires a new constitution and a new mindset. The changes in Constitution will need to be done by an interim government of technocrats with the support of the judiciary and the military. Such a government will need to be put in place for at least five years so that the proposed reforms can be carried out and firmly integrated into the governance systems.

This is not the Pakistan that was envisaged by Mohammed Ali Jinnah or Liaquat Ali Khan. National debt has doubled in the last five years, and the country is drowning rapidly. If we do not act quickly, Pakistan may not last for long.

Source: A Different Democracy