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Home , Charter of Democracy, Farooq Sattar, Muhammad Mian Soomro, Qazi Muhammad Farooq, Raza Rabbani, Shehla Raza

p- ISSN: 2616-955X | e-ISSN: 2663-7030 | ISSN-L: 2616-955X Vol. VI, No. I (Winter 2021) Pages: 36 ‒49

Democracy and Federalism in : An Analysis of PPP

Government (2008-2013)

Iltaf Khan PhD Scholar, Department of Pakistan Study Center, University of , KP, Pakistan. Assistant Professor, Department of Pakistan Study Center, University of Peshawar, KP, Farman Ullah Pakistan. Assistant Professor, Department of Political Science, University of Buner, KP, Pakistan. Bakhtiar Khan Email: [email protected]

Abstract: Pakistan adopted a federal democratic system with a parliamentary type of governance. However, the political reflects a deviation from parliamentary democracy and the least concern towards the institutionalization of its political system. The centralization of power, authoritarianism, the power thirst of political parties and the imbalance of civil-military relations always affected the democratic course of Pakistan. As a result of the 2008 elections, a power transition occurred from the military to the civilians. Pakistan People’s Party, after assuming power, restored the 1973 constitution to its original shape under the landmark 18th constitutional amendment. It reinforced parliamentary democracy and revisited federalism with complete autonomy for provinces abolishing the concurrent list. Steps were taken to ensure the independence of the judiciary and transparency of the election commission of Pakistan. This paper analyses the political and constitutional development during the PPP led government (2008-2013) and its role in establishing a viable federal democratic system based on participatory governance.

Key Words: Democracy, Federalism, Provincial Autonomy, Women Empowerment, 18th Amendment

Introduction After independence, Pakistan adopted federal However, the military regime of General Zia-ul- parliamentary democracy under the interim Haq (1977-1988) and General , constitution as envisaged by the founding father of the through structural changes, transformed the original nation, Quaid-i-Azam , to federal parliamentary constitution of 1973 into a ensure the emancipation of its people through a quasi-presidential one, in which the president enjoyed pluralistic society (Akhtar,2014). The frequent direct unopposed and unparalleled executive powers of and indirect military interventions and the long spells making and amending laws through ordinances as well of dictatorial regimes (1958, 1969, 1977 and 1999) making appointments of key the functionaries such as transformed the federal parliamentary model into a Chief Justice of Pakistan, the Chief of Arm Forces, Air centralized presidential system that served the Force and Navy. Where the president firmly controls function; to legitimize and prolong their regimes but the state organs, including the parliament, the did not allow the spirit of pluralism as put forth by the executive, and judiciary and govern the country with founding father of the nation (PIPS, 2015). one hand. These steps not only changed the basics of However, in Pakistan’s checkered history, the the constitution but also weakened the democratic 1973 constitution was a breakthrough, in which all the institutions and affected federalism (PIPS, 2014). political parties under the persuasive leadership of However, as a result of the 2008 General elections, a Zulfiqar Ali Bhutto, through power transition from military to civilian took placed, The consensual politics materialized federal and Pakistan People’s Party came into the corridor of parliamentary democracy in Pakistan as dreamed by power. The PPP-led government, after two years of the founding father and aspired by the nation (Khan & deliberations, passed the constitutional 18th Ahmad, 2018). amendment, which brought structural changes in the governance, including the reshaping of the 1973

Citation: Khn, I., Ullah, F., & Khan, B. (2021). Democracy and Federalism in Pakistan: An Analysis of PPP Government (2008-2013). Global Regional Review, VI(I), 36-49. https://doi.org/10.31703/gesr.2021(VI-I).05 URL: http://dx.doi.org/10.31703/grr.2021(VI-I).05 DOI: 10.31703/grr.2021(VI-I).05

Democracy and Federalism in Pakistan: An Analysis of PPP Government (2008-2013) constitution, revitalization of parliamentary November 2007, General Pervez Musharraf handed democracy and strengthening of federalism (Hussain, over the command of the Army to General Ashfaq 2020). Kiyani and took the oath as the . Afterwards, in a broadcast address to the nation, he Consensus Building for the Revival of fixed 08 January as the polling date for the National Democratic Governance in Pakistan Assembly and provincial assemblies’ elections (Khan, Earlier during the military administration of General 2012). Pervez Musharraf, the two mainstream parties, the PML-N led by and Pakistan People’s Major Participant Political Parties of 2008 Party headed by in their exile at Elections London, signed the May 2006 Charter of Democracy Political parties are integral to democracy; without the (COD), in which they pledged to resist against the existence of political parties’ democracy cannot dictatorship and restore parliamentary democracy in function effectively. Total forty-eight political parties Pakistan (, 16 May 2006). The charter also participated in the 2008 general elections while delineated the future policy of two leading political twenty political parties boycotted the elections, parties, PPP and PML-N. It included: the resistance including the Jamaat-i-Islami, Pakistan Tehreek-e- against the dictatorial and military governments, Insaf, and Pakhtunkhwa Milli Awami Party of restoration of the 1973 constitution in its genuine Achakzai (Khan, 2009). the main shape, the merger of Federally Administered Tribal political parties -N, Pakistan Areas (FATA) with , freedom of People Party (PPP), (ANP), press and media, equal rights for the less privileged and Mutahida Qaumi Movement (MQM), Pakistan marginalized groups including, minorities. The Muslim League-Q and member parties of the charter also provided for women empowerment, Mutahida Majles-i-Amal (MMA) except Jamaat-i- electoral reforms for the conduct of free and fair Islami decided to contest the elections because they did elections including, the formation of an impartial not want to repeat the MRD folly of the 1980s, to Election Commission and a neutral caretaker strengthen the military rule of Musharraf (Khan, government, through the mutual consultation of 2012). treasury and opposition benches and an identifiable voting system, to reduce corruption and floor crossing Election Campaign and Election Slogans in politics (Memon, 2009). Like other third world countries, the election campaigns in Pakistan are also focused on persons and Announcement of 2008 General Elections identities and largely devoid of issues and policies. The At the end of December 2007, the twelfth general election campaign in the run-off to the 2008 general elections were due in Pakistan, as the incumbent elections was colorless and lacklustre due to the tragic government, elected in 2002, was scheduled to murder of Benazir Bhutto on 27th December 2007, complete its five-year constitutional term in 2007 while she was addressing a large public gathering at (Homayoun, 2011). Due to the massive pressure of Liaqat Bagh . This incident took out much political parties, civil society groups and media, on 11 of the colour from the election campaign. From 28 November General-cum president, Pervez Musharraf December to 30 December, the whole of Pakistan in announced that elections would be held before 09 general and in particular was in grief. The January 2008. Therefore, a federal caretaker nationwide protests and demonstrations were carried government under was out by unruly mobs in which a large number of installed on 15 November to oversee the 2008 general vehicles, including buses, trucks, cars, railway election and peacefully transfer the power to the carriages and petrol pumps, were set on fire. Apart majority party. While for the management of from this, many casualties and deaths were also elections, Mr. Justice Qazi Muhammad Farooq was reported in various parts of the country (Khan, 2012). appointed as the new Chief Election Commissioner of These incidents also postponed the January 8 elections Pakistan. After assuming the office, he started the to 18 February. After soul-searching, the political process for the forthcoming elections, accepting parties resumed their election campaign. During the nomination papers from November 21st to 26. On 28th election campaign, restoration of deposed judges was

Vol. VI, No. I (Winter 2021) Page | 37 Iltaf Khan, Farman Ullah and Bakhtiar Khan the core slogan of the Pakistan Muslim League (N), Pakistan, Dr Fehmida Mirza was the first women while Pakistan People’s Party and Awami National elected as the speaker of the national assembly (Dawn, Party were quite ambiguous on this critical issue. The 20 March 2008). In the 22nd march session of the tragic murder of the former Prime Minister of national assembly, Pakistan People’s Party nominated Pakistan, Benazir Bhutto, changed the entire elections Syed Yousaf Raza Gilani as its candidate Prime atmosphere favouring the Pakistan People’s Party Minister’s office against Pervez Elahi of the PML-Q. because the people sympathize with the party. In such On 24 March 2008, Syed was disarray, the process of the election campaign was elected as the 18th Prime Minister of Pakistan (Dawn, completed (Kanwal, 2017). 26 March 2008). On 29th March, Syed Yousaf Raza Gilani took the vote of confidence from the national Election Results assembly of Pakistan. Later on, a 24 members cabinet, The 2008 general elections brought results as including 11 ministries from Pakistan People’s Party, predicted by the political analysts and the majority of 09 from PML(N), two from ANP, 01 from JUI-F and the masses before the polls. According to the 2008 01 from Federally Administered Tribal Areas (FATA), election results, the People’s Party became the largest were sworn in (Dawn, April 01, 2008). party with 91 national assembly seats, Pakistan Muslim League (N) became the second-largest party by scoring Provincial Governments 67 national assembly seats, Pakistan Muslim League In all the provinces, coalition governments were (Q) captured 41 seats, MQM secured 19 seats, ANP, installed. In Khyber Pakhtunkhwa, a coalition PML-F and MMA obtained 10, 04 and 06 seats government of ANP, PPP and PML-N was installed respectively while PPP (S), BNP and NPP secured one under Amir Haider Khan Hoti of Awami National seat each (Rizwan, 2014). Party (Kanwal, 2017). Karamat Ullah Khan Chagharmatti of Pakistan People’s Party and Khushdil The Post-Election Situation/Government Khan Advocate of Awami National Party were Formation respectively elected as the Speaker and Deputy Pakistan People’s Party, with the highest number of Speaker of Khyber Pakhtunkhwa provincial assembly national assembly seats, emerged as the largest party (The Nation, 01, April 2008). in February 2008 general elections but did not get the In Punjab, the nominees of Pakistan Muslim absolute majority to form government at the centre League-N, the majority party in the Punjab assembly, alone. Therefore, they needed the support of other Rana Muhammad Iqbal and Rana Mehshud, were parties to form a . Consequently, respectively elected as the Speaker and Deputy in exigency of the situation, (Co- Speaker of the Punjab provincial assembly. Mr Dost Chairman PPP) entered drawing-room negotiations Muhammad Khosa of the PML-N was elected with Pakistan Muslim League-Nawaz, Awami National unopposed as the Chief Minister of Punjab. However, Party, Muttahida Majles-e-Amal and Jamiat Ulema-i- it was a temporary arrangement till the by-election of Islam of Fazlur Rehman to form the government (Haq, Shahbaz Sharif. Later on, in June 2008, Shahbaz Sharif 2008). Asif Ali Zardari, Co-chairperson of the assumed the charge of Chief Minister Punjab (The People’s Party at this occasion said, that ‘his party Nation, 9 April 2008). would try to form a government of consensus and take In Sindh, Nisar Ahmad Khuhru and , all the parties on board, including those out of the nominees of the People’s Party, were elected parliament’ (Rizwan, 2014). unopposed as the speaker and deputy speaker of the After soul-searching negotiations, Pakistan Sindh Provincial Assembly while Qaim Ali Shah was People’s Party and Pakistan Muslim League (N) agreed elected as the Chief Minister of Sindh. Similarly, a upon a power sharing-formula at the centre as well in cabinet of ministers was also sworn in from the the provinces. On 17 March 2008, the oath-taking coalition partners, including ANP and MQM (The session of the national assembly was held, and on 19 Nation, 24 April 2008). March, the nominees of Pakistan People’s Party, Dr In Balochistan, Nawab Aslam Raisani of Pakistan Fehmida Mirza and Faisal Karim, Kundi, were elected People Party was elected as the Chief Minister while as the Speaker and Deputy Speaker of the national Aslam Bhootani of PML-N and Syed Mati Ullah Agha assembly, respectively. In the political history of of JUI-F were elected respectively as the speaker and

Page | 38 Global Regional Review (GRR) Democracy and Federalism in Pakistan: An Analysis of PPP Government (2008-2013) deputy speaker of Baluchistan legislative assembly analysts, announced that; (The Nation, 24 April 2008). “The first step of his government will be to undo the constitutional changes done by the military regime The Politics and Governance of PPP-led of Pervez Musharraf and the restoration of Government parliamentary democracy in Pakistan where Earlier, for the formation of a coalition government, parliament would be sovereign, and the president leaders of the two mainstream parties, Asif Ali would be subservient to it. As head of the state, I want Zardari, co-chairperson of Pakistan People Party and to make it clear that the president and the government Mian Muhammad Nawaz Sharif of PML-N, signed the must seek guidance from the parliament in carrying ‘Muree Summit Declaration’. In this agreement, both out their duties and responsibilities. We are the parties agreed upon the restoration of 03 committed to upholding the supremacy of the November judges, including Chief Justice Iftekhar constitution, the parliament and the rule of law. The Muhammad Chaudhry, within 30 days of the cardinal principle of governance is the respect of formation of the central government. Soon after people mandate” (PIPS, 2015). forming the coalition government, a deadlock was To fulfil the dream of Benazir Bhutto and created between the two parties over the procedure to revitalize parliamentary supremacy in the country, the restore the deposed judges. The disagreement over the newly elected President Asif Ali Zardari proposed an judiciary between PPP and PML-N resulted in the ‘All-Party Committee’ to revisit amendments in the withdrawal of PML-N from the federal government in constitution (Dawn, 21 September 2008). May 2008, though it continued to support the PPP-led coalition government in the parliament (Khan, 2012). Legal, Constitutional and Institutional However, after parting ways from the PPP coalition, Reforms (2008-2013) PML-N served the role of friendly oppositions, which During the 13th national assembly (2008-2013), developed a new political culture of consensual politics through legislative initiatives, the PPP-led parliament based on compromise, political tolerance and seemed determined to restore parliamentary patience, which further helped stabilize democracy democracy in Pakistan under the 2006 Charter of and strengthen the federation of Pakistan (Iqbal, Democracy (COD). After establishing its 2017). government, the former rivals, PPP and PML-N, through consensus, succeeded to pass 116 government Presidential Election and 18 private members bills (PMBs) from the In August 2008, despite the differences, the two major parliament, out of which 94 became laws. Importantly coalition partners, Pakistan People Party and Pakistan 10 out of 18 private member bills (PMBs) became laws Muslim League-Nawaz, agreed to remove General (FAFEN, 2013). Simultaneously, some meaningful Pervez Musharraf from the president’s office, either constitutional amendments with far-reaching th th th through impeachment or resignation. Subsequently, implications, including the 18 , 19 , and 20 on 18 august 2008, Pervez Musharraf resigned from amendment to the 1973 constitution, were done to the office of president to avoid the humiliation of bring back the democratic regime in Pakistan impeachment. On the resignation of Pervez (Devotta, 2016). Musharraf, Asif Ali Zardari, husband of the slain Benazir Bhutto and Co-Chairperson of Pakistan The Formation of Parliamentary Committee People’s Party, with the support of ANP, MQM and on Constitutional Reforms (PCCR) JUI-F, elected as the 11th president of Pakistan, Saeed- In December 2009, on the proposal of President Asif uz-Zaman Siddiqui and Syed were Ali Zardari, a multi-party committee to recommend the presidential candidatures of PML-N and PML-Q amendments in the constitution was formed. Later on, respectively (Khan, 2012). The political pundits a resolution was also passed by the national assembly perceived Asif Ali Zardari as a threat and obstacle to to constitute a parliamentary committee comprised of the revival of the democratic regime in Pakistan (Jan all the stakeholders. Thus, the speaker of the National 2010). However, on 20 September 2008, in his Assembly constituted a 26-members Parliamentary inaugural address to the Joint session of parliament, Committee on Constitutional Reforms (PCCR) Asif Ali Zardari, while rejecting the notion of political represented 14 political parties, headed by Senator

Vol. VI, No. I (Winter 2021) Page | 39 Iltaf Khan, Farman Ullah and Bakhtiar Khan

Mian of People’s Party, Raja Pervez Constitutionalism (Resistance against Ashraf (PPP), Professor Khursheed Ahmad of Jamaat- Dictatorship) i-Islami, Syed, (PPP), Aftab Ahmad The passage of the 18th amendment by the 13-national Khan Sherpao Chairman of Pakistan People Party assembly of Pakistan reinstated the 1973 constitution (Sherpao group), , (PML-N), in its original shape. It deleted the name of the military Lashkar Raisani, Ahmad Khan Abbasi, Abdur Razzaq dictator General Zia-ul-Haq from the pages of the Taheem of Pakistan Muslim League (Functional), constitution. The 12th October 1999 military coup of (PML-N), Waseem Sajjad, Hamayoun Saif General Pervez Musharraf was declared unlawful and Ullah of PML-Q, Dr. of MQM, Rehmat illegal. It nullifies and repealed the Legal Frame Work Ullah Kakar of JUI-F, Haji Adeel of ANP, Munir Khan Order (LFO) 2002, Chief Executive Orders 2002 and Orakzai from the Federally Administered Tribal Areas Constitutional 17th amendment passed during the (FATA) and Mir Israr Ullah Zehri (A Baloch military regime of General Pervez Musharaf. All these Nationalist leader) were its other prominent members developments have been declared as unlawful, illegal, (Rizwan et al., 2014). and encroachment of the original constitution; hence there is no place for the remnants of military regimes Pakistan’s Leap Towards a True Parliamentary (World Times, 2010). The Parliamentary Committee Democracy on Constitutional Reforms also amended article 6 of Under the chairmanship of veteran politician Mian the constitution dealing with the matter of high Raza Rabbani, the parliamentary committee, in a brief treason. It declared that the abrogation or holding in period, anticipated around 80 meetings and enacts 100 abeyance or subversion or suspension of the amendments covering about 75 subjects. On 31st constitution will be considered an act of high treason March 2010, the 18th amendment was unanimously and would not be validated by any court of law. approved by the parliamentary committee. On 8th and Furthermore, it provided that any person founded 15th April 2010, the eighteenth-amendment bill was guilty under the amended article 6 of the constitution, approved by the National Assembly and Senate, he/ would be added to the list of high treason (Dawn, respectively. Finally, on 19 April 2010, the President 2019). As in the past, twice in 1977 and 1999, military of Pakistan, Asif Ali Zardari, signed this landmark dictators, with the collaboration of the judiciary, not document. The 18th amendment paved the way for the only suspended the constitution but also validated democratic system in Pakistan under the 1973 their extra-constitutional actions through courts under constitution and stabs to block all the ways for future the law of necessity. Hence, for the prevention of the military interventions, in the past which were used to constitution from such acts, it is provided that high derail the democratic system (World times, May treason would not get any validation from the court, 2010; see also Rizwan et al., 2014). Senator Raza including the high court and supreme court of Rabbani, the architect of the 18th amendment, while Pakistan. Thus, under the amended article 6 of the speaking to the media, expressed, ‘For the first time constitution, concrete measures have been taken to in the constitutional history of Pakistan, President of close the doors of dictatorship once and forever the country voluntarily surrenders his powers to the (Hussain & Ullah, 2012). Recently in December 2019, Prime Minister. He added, it is the beginning of a new after a trial of six years, the former chief of army staff democratic era in Pakistan based on parliamentary and former president of Pakistan Pervez Musharraf has supremacy’ (Geo, 2010). The Prime Minister of been convicted to death in high treason case under Pakistan Syed Yousaf Raza Gillani, while addressing article 6 of the constitution, which established the rule the occasion, commented, ‘It is a momentous occasion of law and acknowledged the ruling class that no one in the political history of Pakistan, in which a leader is above constitution/law of the state (Dawn, 2019). willingly transferred his presidential powers to the elected parliament’ (Sama, 2010). At the time of Fundamental Rights th signing the document of constitutional 18 The 18th amendment, while dealing with the amendment, President Asif Ali Zardari stated, “It is my fundamental rights for the first time, made free hope that the doors of dictatorship are closed forever” education the fundamental right of every citizen from (World Times, May 2010). the age of 5 to 16. The amendment established the Some of its important aspects are discussed. right to information through the insertion of Article-

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19A, which provides that every citizen has the right to CCI to meet at least once in three months (Cookman, have access to information in all matters of public 2010). The national economic council (NEC) has been importance. The Right to Association; under the 1973 reformed with an advisory function. It has been constitution, every citizen has the right to form an assigned the role to review the overall economic organization or association, but through Chief condition of the country and to advise the federal and Executive Order No. 24 of 2002, General Pervez provincial governments to plan accordingly (PIPS, Musharraf imposed restrictions on the right of 2015). Moreover, the North-West Frontier Province association; however, under the constitutional 18th (NWFP) has been renamed Khyber Pakhtunkhwa, a amendment the restrictions on ‘Right to Association’ long-standing demand of Awami National Party has been removed (Crisis Group, 2011). (ANP), a Pashtun nationalist party, which they consider as a recognition of their ethnic identities. The Provincial Autonomy spellings of the two provinces, namely, Balochistan Provincial Autonomy was a long-standing demand of from Baluchistan and Sindh from Sind, have been th the leading political parties of Pakistan since corrected. The 18 amendment compensates the independence; however, under the 18th amendment, grievances of less privileged provinces, and the other serious measures have been taken to address this issue. smaller groups, such as the minority community, also It abolished the concurrent list from the constitution, gained support by enhancing their seats in the Senate which devolved 40 of the 47 subjects, and handed over of Pakistan. In the upper house (senate), four 20-25 ministries to the provinces. Hence for the first additional seats were provided for minority (non- time since the enactment of the 1973 constitution, Muslims), one from each province (Cookman, 2010). federalism has been established in Pakistan in true letters and spirit (Islam, 2016). The Transition from a Presidential to To ensure provincial autonomy, clause 70, 142, Parliamentary System 143, 144, 149, 157, 160, 161, 167, 172, 232, 233, Another striking feature of the constitutional 18th and 234 of the constitution have been amended. These amendment is the revitalization of parliamentary clauses gave extensive powers to provinces to deal supremacy in Pakistan. Previously, parliaments were with the affairs related to the hydro-electric power either absent or rubber stamps in the hands of some generation, natural gas and formulation of the NFC well-established forces. During the times of military award and legislate on the matters falling within their rulers Gen. Zia-ul-Haq (1977-1988) and General jurisdiction (Shah, 2012). As noted by Farhat Ullah Pervez Musharraf (1999-2008), the constitutional 8th Babar, ‘The constitutional 18th amendment was one of and 17th amendments were passed, which reshaped the the greatest achievements of all political parties that original parliamentary constitution of 1973 into a addressed the long-standing issue of provincial presidential one, which delegated all the powers in the autonomy. It strengthened federalism, ensured office of president while the prime minister and participatory governance and devolved autonomy to parliaments remained as a figurehead. However, provinces (Babar, 2020). under the 18th amendment, articles 46, 48, 75, 90, 91, Since its inception from British colonialism, 101, 105, 116, 129, 130, 131, 141, 139, 231, and 243 Pakistan’s political trajectory reveals a conflict were amended, which once again restored the between federal and provincial governments and supremacy of parliament (Shah, 2012). Thus, under inter-provincial tensions over the distribution of the 18th amendment, the executive authority was authority, resources, and revenue, which promoted reversed into the parliament previously exercised by some of its most traumatic upheaval, such as the the president alone. The constitutional 18th separation of East Pakistan in 1971. Thus, under the amendment repealed Article 58(2b) of the 18th amendment, the existing arbitrary body, the constitution, which curtailed the presidential powers Council of Common Interest (CCI), under the of dissolution of the assemblies. Now under the new chairmanship of the Prime Minister of Pakistan, was legislation, for the dissolution of the assemblies, the re-organized and strengthened to heal such issues. president has to follow the advice of the prime Instead of meeting at the cabinet division, a permanent minister (Cookman, 2010). secretariat was allocated to the Council of Common Furthermore, under clause 90 of the amended Interest at , and it was made compulsory for article, the power to appoint Chief of Army Staff,

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Chief of Air and Naval Staff, Chairman Public Service Electoral Reforms Commission has been delegated to the Prime Minister Electoral rigging has hampered Pakistan’s democratic of Pakistan, an earlier prerogative of the president. progress and eroded its political stability. Successive The new arrangement authorized the parliament, the military rulers in Pakistan, for the survival of their national assembly and senate to pass or reject any military regimes, rigged national, provincial and local legislation and bound the president to give his assent government elections. These elections resulted in to the bill within 10 days instead of 30 days. Moreover, nonrepresentative parliaments/councils, which served for appointing any provincial governor, the president as a rubber stamp in the hands of military rulers. has to follow the advice of the Prime Minister. A Through constitutional and political reforms, these provincial governor could only dissolve the assembly military rulers not only legitimized their rule but also if the Chief Minister of the concerned province advises centralized power in the military administration to him to dissolve the assembly (World Times, 2010). suppress other civilian institutions, including the Election Commission of Pakistan. During the eight Restructuring of the Judiciary years of military rule, General Pervez Musharraf The original constitution of 1973 empowered the gravely eroded the limited independence and president to appoint judges of the Supreme Court and impartiality of the Election Commission of Pakistan, High Court of Pakistan. That was a controversial reducing the institution to provide a façade of procedure and was a question mark on the legitimacy to the military regime. The handicapped independence of the judiciary. However, under the Election Commissioners, through widespread rigging new arrangement, for the appointment of superior in the local government elections, referendum and judges, the Parliamentary Committee on general elections, massively distorted the political Constitutional Reforms (PCCR) recommended system of Pakistan. Pakistan People’s Party, after establishing a seven-member judicial commission taking charge of the government in 2008, brought under article 175 A. The judicial commission headed extensive reforms in the electoral system of Pakistan by the Chief Justice of Pakistan. Other members in order to create a favorable environment for the include the two seniors most judges, a retired judge of conduct of free and fair elections. It put forward a the Supreme Court, a federal law minister, the unanimous and consentaneous formula between the attorney general of Pakistan and a senior advocate of treasury and opposition benches for the appointment the Supreme Court. The judicial commission shall of the Election Commission of Pakistan and its key forward a name for approval to an eight-member officials (Crisis Group, 2011). parliamentary committee constituted from both the government and opposition benches. After Election Commission of Pakistan confirmation of name, the parliamentary committee The Eighteenth amendment undid the electoral legacy shall forward it to the president for appointment of General Musharraf and enhanced the ECP (Report of the Parliamentary Committee, 2010). The independence by providing a transparent appointment 19th constitutional amendment has increased the procedure for the Chief Election Commissioner of number of members of the judicial commission from Pakistan (CEC) and its four other permanent eight to thirteen. It also provided that the judicial members. Under the new arrangement, the commission could not resend the nomination of a appointment of the Chief Election Commissioner shall person whom the parliamentary committee once be carried out through mutual consultation between rejected. However, in case of rejection, the the prime minister of Pakistan and the opposition parliamentary committee would have to cite reasons. leader in the National assembly. They will forward These amendments brought neutrality in the three names, after consultation, for Chief Election appointment procedure of apex judges and have Commissioner to the twelve-member parliamentary reduced the chances of confrontation between committee constituted by Speaker of the National executive and judiciary. The then Prime Minister of Assembly, from both the houses of parliament, having Pakistan, Yousaf Raza Gillani, called the 20th members from both the opposition and treasury amendment as “a Gift for the Nation” (Tribune, 22 benches. Then the parliamentary committee will December 2010). confirm one name among them. A reputed political observer noted the new ECP appointment mechanism

Page | 42 Global Regional Review (GRR) Democracy and Federalism in Pakistan: An Analysis of PPP Government (2008-2013) as “No Parliament no Election commission of Pakistan”. It powers and has a great role in the legislation since also increased the tenure of the Chief Election 1973 (Javid & Ahmad, 2016). But the eighteenth Commissioner office from three to five years. The amendment reformed the structure, role, and powers amendment really strengthened the Election of the senate. Prior to the 18th amendment, the senate Commission of Pakistan and made it more was comprised of a hundred (100) members, but independent and autonomous, which was a long- under Article 59 of the amended constitution, with standing requirement for the conduct of fair and free four additional seats of minorities, the strength of the (Hussain, 2012). senate was increased from 100 to 104. Article 89 provided, as for National Assembly, in case senate is in The Formation of a Neutral and Impartial session, no ordinance will be issued. In the Caretaker Governments parliamentary committee, for the appointment of apex The Electoral trajectory of Pakistan divulges that judge’s, equal representation is given to the senate, elections in Pakistan are always disputed, and there has while for the appointment of the Chief Election always been a question mark on the role of a caretaker Commission (CEC), one-third member represent the government. Since a neutral and impartial caretaker senate in the parliamentary committee. Under article government, at the national and provincial level, was 91, a federal cabinet with ministers of the state is a sine qua non for the conduct of free and fair elections collectively responsible to the national assembly and hence, the eighteenth constitutional amendment senate. Apart from these, reports on Principles of provides a neutral, fair, and impartial appointment Policy, Council of Common Interest (CCI), NFC procedure for the . In the light award, and report of the auditor general of Pakistan, of the new legislation, the president must consult the were previously placed before the national assembly setting (out-going) prime minister of Pakistan and only, are now will be placed before the senate of leader of the opposition in the national assembly for Pakistan as well (, 2012). Apart, the the appointment of a caretaker government. In Senate rules were amended, which explicitly provinces alike, the procedure is provided for the empowered the senate committees to biannually provincial caretaker government. The new examine budgetary allocations and expenditure. This arrangement ensures impartiality during the elections considerably enhanced the senate’s role in overseeing and the transfer of power to the newly elected the economic policy and its execution (Nazeer, 2018). representatives (Rizwan et al., 2014) as one of the political analysts says that there is a huge difference in Constitutional Empowerment of Gilgit- the mechanism for the appointment of caretaker Baltistan government under the eighteenth amendment, and the The PPP-led government, while giving a practical earlier practices. Moreover, he added, in the earlier shape to its promise in the 2006 Charter of Democracy practices, the candidates for a caretaker prime minister (COD), renamed the Northern Areas of Pakistan as and the ministers were interviewed in army safe Gilgit-Baltistan, with a semi-provincial status, having houses’ (Crisis Group, 2013). its own elected legislative assembly, headed by an elected Chief Minister and Governor appointed by the Strengthened Senate, the Upper House of president, on the advice of the Prime Minister, under Pakistan’s Parliament the Empowerment and Self-Governance Order 2009 The parliament, the supreme legislative body of (Dawn, September 08, 2009). It also provided that Pakistan, is bi-cameral, comprised of two chambers, the Gilgit-Baltistan consolidating Fund and annual budgets Senate and the National Assembly. The Senate or would be granted to the assembly and voting system as Aiwan-e-Bala is the upper house, and the national per practice in the other provinces would be held in assembly is the lower house of parliament. Members the region. Here it is to be mentioned that earlier in of the national assembly are elected through direct 1975, during the first civilian government of PPP led election for a term of five-year, while members of the by Z.A Bhutto, the feudal system was abolished, and senate are indirectly elected by an electoral college, for the first time, administrative, political and judicial comprised of MNA’s and provincial legislatures, reforms were introduced in Northern Areas. through the system of proportional representation by Furthermore, the PPP-led Benazir Bhutto government a single transferable vote. Senate enjoys a variety of in 1994 democratized the Northern Areas under the

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Northern Areas Legal Framework Order, 1994 Workplace Act 2010”. With the passage of this act, (Haider & Ali, no date, Dawn, 8 September 2009). more women joined the workforce and contributed to the country’s economy. Similarly, in 2010, the Aghaz Huqooq-i-Balochistan (Initiation of parliament introduced the prevention of anti-women Balochistan rights) practices (Criminal Law Amendment) Act 2010, The Pakistan People’s Party government focused on which outlawed forced marriages, the custom of the less privileged and neglected areas and managed to offering women to settle disputes, depriving of reach out to Baluchistan. The government attempted women from inheriting property and the custom of to redress Musharraf’s adventurism and folly in marriages to the Quran. Similarly, the government of Baluchistan through the Aghaz-i-Huqooq-i-Baluchistan Pakistan enacted the Acid Control and Acid Crime package, offering financial resources for the Prevention Act 2010, which made acid throwing a development of Balochistan, and thousands of job punishable crime and recommend life imprisonment opportunities were created for youth employment. and one million fines for the offence. Apart from these Not only that but for the first time, under National laws, in February 2012, the senate of Pakistan passed Finance Commission (NFC) award, weightage was the “National Commission on the Status of Women given to poverty and underdeveloped areas, which Act, 2012” to protect women rights from every kind further benefited Balochistan province and Khyber of discrimination. This law aimed to protect and Pakhtunkhwa (Haider & Ali, no date). promote the legal, social, economic, and political rights of the bestowed by the 1973 The Mainstreaming of FATA: The Extension of constitution and to justify the true implementation of Political Parties Order 2002 to Federally CEDAW articles, being its signatory (Noreen, 2013). th Administered Tribal Areas (FATA) Under the 18 amendment, the devolution of power to provinces took place, in which the power to Under the Charter of Democracy (COD), both PPP draft laws about women has also gone to provinces. and PML-N agreed upon the merging of Federally The provincial legislatures also showed commitment Administered Tribal Areas (FATA) with Khyber to raise the status of women in society through Pakhtunkhwa. The mainstreaming of FATA was comprehensive pro-women legislation (Noreen, Benazir Bhutto’s key agenda. In 2006 Benazir Bhutto 2013). filed a constitutional petition in the supreme court for the extension of the Political Parties’ Act 1962 to Women’s Legislative Representation in FATA, but unfortunately, with the assassination of Pakistan (2008-2013) Benazir Bhutto in December 2007, the FATA’s cause suffered massive blowback (Tahir, 2018). Democracy ensures equal rights for all sections of the In 2008, People Party’s Yousaf Raza Gillani society, including women. Gender disparity and sworn in as the Prime Minister of Pakistan. During his under-representation of women in the political sphere first speech to the parliament, he committed to change is one of the biggest failures of democracy in the the inhuman and unconstitutional law FCR from tribal modern world. In contemporary politics, half of the areas. However, two years later, in 2011, the Frontier voting populace across the globe is women, yet the Crimes Regulation (FCR) was amended, and the worldwide average of women parliamentary Political Parties Order 2002 was extended to FATA, representation is about 23.4% only. The ratio of which for the first time, allowed political parties to women representation varies across the region. It is operate in federally administered tribal areas (Dawn, recorded highest in America with 28.14 per cent while 2011). lowest in the Arab States with 17.5 percent (Inter- parliamentary Union, 2017). The Protection and Empowerment of Women Since the partition in 1947, women’s political through Gender-sensitive Legislation participation in Pakistan has gone through many ups and downs. In the context of women political The 2008-2013 era witnessed substantial pro-women representation, the 1988 elections are of immense legislation, with the object to provide a safe working importance. These elections witnessed the highest environment for women and protect them against number of women parliamentarians, including Benazir Harassment. In 2010, the PPP-led parliament passed Bhutto, as the first woman Prime Minister of the “The Protection Against Harassment of Women at the

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Muslim world. During the 2002 elections, after the parliamentarians, recorded the highest number of implementation of the Legal Framework Order proportion seats for women in the political history of (LFO), a considerable uptick in women’s political Pakistan (Statistical Portal, 2017). Moreover, these representation has been recorded, as it increased the elections also reveal an increased number of successful women reserved seats to 60 in the lower house of the women candidates to the national assembly of Pakistan parliament (national assembly) and 17 seats in the on general seats (Khan, 2018). As in the below table, upper house, senate. However, the 13th national a regime-wise political/parliamentary representation assembly (2008-2013), with 22.5 per cent of women of women has been shown.

Women's Political Representation Since 1947 to 2013

74 76 80 70 60 50 40 24 30 23 14 11 20 6 6 6 10 2 0 2 4 0

1947-19541955-19581962-19651965-19691972-1977 1985-19881988-19901990-19931993-19961997-19992002-20072008-2013 1977-July 1977 Number of female members of Pakistan's National Assembly

Source: Website of National Assembly of Pakistan Records and an introduction to the Women’s Parliamentary Caucus Report

Media Landscape Media is the fourth pillar of democracy. Without the Bank issue, money laundering issue, national action existence of free and liberal media, the definition of plan and publicize the inside stories of government modern democracy is incomplete. Since its inception (Parveen et al., 2018). from British colonialism, Pakistan remained under the shadow of authoritarianism, due to which democracy Civil-Military Relations never flourished. However, during the democratic The political history of Pakistan demonstrates that the government of PPP (2008-2013), media has gain repeated military interventions and their consistent greater sustainability and influence in politics, which is direct and indirect involvement in politics has a hopeful sign for Pakistan as a democratic nation in a shattered the political and democratic development. globalized world (Parveen et al., 2018). From 1947 till the PPP-led third government (2008- During the PPP-led government, countrywide, 2013), neither an elected civilian government there were 89 television channels and 166 FM radio completed its constitutional term nor any peaceful stations. In printed media, more than 200 privately power transition from one party to another took place owned newspapers disseminated information (Anwar, 2019). Nevertheless, in recent past, as a throughout Pakistan with 6.2 million daily distribution result of the February 2008 general election, after a of newspaper copies (EU election observer Mission, long dictatorial military rule of General Pervez 2013). During this era, the media openly criticized Musharraf (1999-2008), the democratic transition government policies and highlighted social and took place in Pakistan, under which the military-led political issues such as the issue of missing people, government handed over power to the civilian elected Kerry Lugar bill, Memo gate scandal, People Party thorough arrest, steel mills issue, rental power project, Swiss electoral process (Jaffrelot, 2016). Earlier in

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November 2007, General Ashfaq Kiyani replaced laws drafted during the PPP tenure was the outcome General Pervez Musharraf as the Chief. of their deliberate collective decision-making process He pledged to restrain the military from politics and inside the parliament. The historical constitutional 18th restrict them to barracks for their fundamental duty. amendment was the result of consensual politics of all He distant the high military officers from politics major political parties (Raise, 2018). They also agreed (Misra, 2011). In the 2008 elections, due to the non- upon the idea to tackle the political role of the interference policy of military and establishment, the military. The coalition partners also agreed to work mainstream parties, PPP and PML-N, got an edge over for the economic development of the country through the erstwhile king party, PML-Q of General Pervez deliberative policies. In May 2009, the governing Musharraf. He also closed down the political wing of party and opposition, through consultation, launched inter-service intelligence (ISI), which was used for an operation in Swat valley and Malakand to tackle the political blackmailing and bargaining in the past terrorist groups, particularly the TTP and Al-Qaida. politics of the country (Jaffrelot, 2016). Th (Shafqat, 2018). During the PPP-led government, through its legislative drive, the parliament made considerable Conclusion efforts for the institutionalization of democracy, The 2008 elections put an end to the long spell of including the powerful military institution (Fair, General Pervez Musharraf military regime and revived 2013). The army also did not challenge the civilian rule under Pakistan People Party (PPP). government reform agenda, which showed the Following the Charter of Democracy (COD), the PPP professionalism of military leadership, although the led a coalition government, with the consensus of all memo gate scandal, Salala check post-incident, the stakeholders in the parliament, successfully passed the Osama bin laden arrest and later tragic death provide milestone 18th amendment to the 1973 constitution, ample opportunities for the military to intervene in which turned Pakistan from a presidential to a politics and control the rein of power. However, the parliamentary republic. The constitutional 18th military institution restricted itself to its constitutional amendment curtailed the powers of the president and duties (Ullah, 2019; see also Croissant et al., 2013). bestowed them on Prime Minister and the Parliament. During the era, civil-military relations entered a new Under the 18th amendment, the executive authority regime of cordial relationship, unprecedented from was reversed into the prime minister, who was the pages of history (Jaffrelot, 2016). previously exercised by the president. The constitutional 18th amendment repealed article 58(2) The Culture of Consensual Politics b of the constitution, which curtailed the presidential Consensus and collective decision making is the powers to dissolve the assemblies; now, under a new essence of a democratic system; without compromise arrangement for dissolution of the National assembly, and consensus, democracy cannot function. The the president has to follow the advice of the prime Political Culture, government agenda, and the minister, which is the actual spirit of parliamentary chemistry between treasury and opposition are the democracy. Under clause 90 of the amended article, pre-requisite of consensual politics. In Pakistan, the the power to appoint chief of Army staff, chief of practice of consensual politics is very difficult because Pakistan Airforce and Naval, Chairman Public Service of the personalization of politics and the intolerance of Commission has been delegated to the prime minister opposition (Rasul, 2018). In the past, the governing of Pakistan, which was the earlier prerogative of the and opposition pursued confrontation instead of president. building consensus. However, as a result of the The PPP led the government by activating the February 2008 elections, the PPP led government set committee system, establish the culture of consensual up a new trend of consensual politics, in which all the politics, which further strengthened parliamentary mainstream national political parties, including PPP, democracy. The parliamentary committees were PML-N, ANP, JUI and MQM, irrespective of their constituted from treasury and opposition benches of identical agendas and supporting base, agreed to the parliament. This practice not only acknowledged refrain from the politics of confrontation and to work the role of the opposition but also ensured the smooth together to solve the national issues and way forward functioning of parliament. The parliamentary the democratic process (Shafqat, 2018). Most of the committees play an important role in the appointment

Page | 46 Global Regional Review (GRR) Democracy and Federalism in Pakistan: An Analysis of PPP Government (2008-2013) of judges, high-rank officials of the ECP, including sharing. As a symbol of parliamentary democracy, the chief election commissioner and caretaker council of common interest (CCI) and national governments, to ensure a peaceful transfer of power economic council (NEC) was reactivated and from one party to another through the impartial strengthen under the chairmanship of the prime electoral process. minister. In order to fulfil their COD and campaign The amendment redefined the centre-provincial pledge, to mainstream the tribal people and provide relationship in order to strengthen federalism in them with their democratic right, in 2011, the PPP led Pakistan. Besides other changes, by eliminating the government brought changes in the frontier crimes concurrent list, the amendment provides greater regulation (FCR) and extended political parties order autonomy to the provinces, which transferred forty- 2002 to federally administered tribal areas (FATA), seven subjects and 20-25 ministries to the provincial thus for the first-time political parties were allowed to governments. The national revenue was distributed operate in FATA. With the object to bring Baluchistan between federal and provincial governments under the into the mainstream and strengthen the federation, the NFC award, while for the future under the national PPP government initiated the Aghaz Hooqeq-e- finance commission, the formula was set for resource Balochistan program.

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