Outlines of the proposed new Constitution/state structure and policy for Pakistan - a new social contract: There shall be a five-member ruling council called the Presidium or Supreme federal council which shall serve for a five year term.
The Presidium/council shall comprise one member from each province directly elected by the voters of the respective province; and one nominee of the army, nominated by the COAS, in consultation with the corps Commanders. The nominee shall not be a serving officer of the armed forces/ government.
2. During the tenure of the Presidium/council each member of the Presidium/council shall serve a one-year term as its chairman. He shall be the Head of State for his one year term as chairman. The rotation for chairmanship shall start with the elected members of the provinces, in alphabetical order of the names of the provinces, followed by the nominee of the army.
3. The elected members of the Presidium/council from the provinces shall belong to and be permanent residents of the respective provinces. All five members shall be Muslim, with minimum of 50 years of age, who have no criminal record, have not been involved in a charge involving moral turpitude, and have not had persistent reputation of being corrupt. They shall not be members of any political party.
4. All members of the Presidium/council, PM, Governors, CMs, federal and provincial ministers, MPs and MPAs, and all other holders of high public offices shall file their declaration of assets both at the time of assumption and relinquishment of office.
5. All members of the Presidium/council shall serve a maximum of two terms in office. If a vacancy of a member occurs during the five-year term of the Presidium/council, as a result of death, incapacitation, or resignation, the member elected/nominated, as the case may be, to fill that vacancy shall be deemed to have served a full term, if the unexpired portion of the term served by him in place of another is thirty months or above.
6. The power to make all major policy decisions (a comprehensive list to be drawn up) shall vest in the Presidium/council. The powers vested in the Presidium/council shall be exercised by it collectively. All decisions by the ruling presidium/ Supreme federal council shall be made by a majority vote of the council members. Each member shall have the right of one veto during the five year term of the Presidium/council. The Supreme Court of Pakistan, by an 80 percent majority verdict of the full court, after day to day hearing immediately upon reference to it by the Presidium/ Council, shall have the power to overturn the veto by a member of the Presidium/council. In case the veto by a member is overturned that member shall not have the right of another veto during the term of the Presidium/council.
7. The elections to the Presidium/council shall be held by the election commission on non-party adult franchise basis. A member shall be elected by securing 50% or more of the total votes cast in the province. If no member secures the required number of votes a run-off election shall be held among the two candidates securing the highest number of votes and the winner shall be declared elected.
The elections shall be held and nomination of the representative of the army shall be made, not earlier than sixty days and not later than thirty days before the date of expiry of the term of the Presidium/council. The official result of elections shall be notified within ten days of the date of polling.
The Presidium/council shall enter into office on the afternoon of the last day of the term of the outgoing Presidium/council, and there shall be no intervening period. The oath shall be administered to all the members of the Presidium/council by the chief justice of the supreme court of Pakistan. There shall not be a separate oath for the member serving as chairman/ Head of State for his one year term as such.
8. The appointments of Governors of Provinces, Chiefs of Armed services, Chairman JCSC, Chief Election Commissioner, Auditor General of Pakistan, Chairman and members of Federal public service commission, Governor of State Bank of Pakistan, Chief Justice and Judges of the Supreme Court of Pakistan, High Courts of Provinces, and Federal Shariat Court shall be made by the Presidium/council. The provincial Governors shall belong to and be permanent residents of the respective provinces.
9. Senate shall be disbanded.
10. The term of the NA, to be renamed, the Parliament, and Provincial assemblies shall be four years. The present election system of first past the post shall be abandoned and replaced with the system of proportional representation, in respect of elections to the Parliament and PAs.
11. Prime Minister shall be elected by the MPs from amongst the members of the parliament by secret ballot. He shall be the Chief executive and shall run the day to day affairs of the federation, but his decisions, on major policy matters (a comprehensive list to be drawn up), shall be subject to approval by the Presidium/council. All decisions shall be made by the PM in cabinet, which shall meet at a minimum of twice a month.
12. Federal Cabinet:
a. 1/3rd Ministers to be appointed from amongst the MPs, by the PM.
b. 1/3rd Ministers to be nominees of the armed forces.
These nominations shall be made by the COAS in consultation with the Corps Commanders. The COAS shall adopt nominees of the Air Force and Navy as well, on the recommendation of their respective Chiefs, for induction into the cabinet. The armed forces nominees shall not be serving officers of the armed forces/ government, be a minimum of 45 years of age with an unblemished record.
c. 1/3rd Ministers to be appointed from amongst the technocrats by the PM, in consultation with the Presidium/Council. These nominees shall not belong to any political party, shall be a minimum of 45 years of age, competent, having proven credentials, and unblemished record.
13. The portfolios held by the ministers shall rotate every two years among the three stakeholders/segments of the Cabinet. The cycle shall continue and no segmental representative shall hold the same portfolio in the next round, after the two years in office, or in the next term following fresh elections. Representation of all provinces in the cabinet shall be ensured.
14. Chief Minister of a province shall be elected by the MPAs from amongst the members of the assembly by secret ballot. He shall be the chief executive of the province and shall be responsible to run the day to day affairs of the province. All decisions shall be taken by the CM in cabinet which shall meet at least twice a month. All major policy decisions impacting the federation (a comprehensive list to be drawn up) shall be subject to the approval of the Presidium/council. These decisions shall be referred to the presidium/council through and with specific recommendation of the Governor of the province. The recommendation of the Governor, though not binding on the Presidium/council, shall be given due weightage by the Presidium/council in arriving at a decision in the matter referred to it. The full court of the Supreme Court of Pakistan shall be the final authority to decide any unresolved constitutional or financial issues between the provinces and the federation.
15. The governors of the provinces shall be the representatives of the federation in the respective provinces. The Governor shall have two rights of veto in a four year term in respect of any policy decision by the CM.
A full court of the provincial high court, by an 80 percent majority verdict, after day to day hearing immediately upon reference to it by the CM, shall have the power to overturn the veto. If a veto is so overturned, the Governor shall have the right of the remaining veto in respect of any other matter during the term.
16. Provincial cabinets: The provincial cabinets shall similarly comprise:
a. 1/3rd Ministers appointed from amongst the members of the respective provincial assembly by the CM.
b. 1/3rd nominees of the armed forces, as in the case of the federal cabinet. The conditions in article 12(b) shall apply mutatis mutandis, except that they shall be a minimum 35 years of age.
c. 1/3rd ministers from amongst the technocrats, appointed by the CM, in consultation with the Governor. They shall be a minimum 35 years of age, belonging to and permanent residents of the respective provinces. They shall not belong to any political party, and shall be similarly qualified as the technocrats in the federal cabinet.
17. Rotation of portfolios in the provincial cabinets shall be same as in the federal cabinet, and article 13 shall apply mutatis mutandis.
18. Appointments of Chief Justices of the Supreme Court of Pakistan and the high courts of the provinces shall be strictly on the principle of seniority. Judges of the Supreme Court of Pakistan shall retire on attaining the age of sixty-eight years, and judges of provincial high courts shall retire on attaining the age of sixty-five years. The Supreme Court of Pakistan and the high courts of the provinces shall be completely autonomous and independent, financially and administratively. The appointments of judges of Supreme Court of Pakistan, high courts of provinces, and Federal Shariat Court shall continue to be made as per current procedure and practice, by the presidium/council.
19. Armed Services Chiefs and Chairman, JCSC shall be ex-officio Secretaries General (BS-23) and their reporting line shall be to the Presidium/council. There shall be no other officer appointed as Secretary- General (BS-23) by the government. The reporting line of the ISI shall be to the Presidium/council, while the Intelligence Bureau shall report to the PM.
20. Law and order being a provincial matter, the Police service of Pakistan shall be disbanded and the serving officers shall revert to their provinces of domicile. The recruitment/ administration of police shall revert to the provinces. All provinces shall nominate officers, on the basis of an agreed quota, to serve on federal posts.
21. Appointments of Inspectors General of Police of provinces (IGPs) shall be made by the respective provincial governments, for a period of two years, from amongst the three senior most serving police officers of the province, having unblemished service record. They shall be provided protection/security of tenure, and shall not be prematurely transferred/removed, save on grave charges involving moral turpitude or gross inefficiency.
22. The appointment of chief secretary of a province shall be made for a period of two years, from out of three suitable officers (BS 22) with an unblemished record, having adequate field experience, by the federal government, in consultation with the Chief Minister of the province. He shall be provided protection/security of tenure, and shall not be prematurely transferred/removed, save on grave charges involving moral turpitude or gross inefficiency.
23. There shall be a moderate size Presidium/Supreme Council Secretariat, headed by Secretary (BS 22) to Presidium/Supreme Council. This secretariat shall handle all the affairs relating to the Presidium/Supreme Council. The current President's secretariat shall also be right-sized. The current personal staff to the President shall remain as the personal staff to the Chairman of the presidium/council, who shall be the Head of State.
24. The Prime Minister's secretariat shall be right-sized, with the functions reverting to the cabinet secretariat. The Cabinet secretary shall be appointed, for a period of two years, from amongst the three senior most BS 22 bureaucrats, having an unblemished service record. He shall be provided protection/security of tenure, and shall not be prematurely transferred/removed, save on grave charges involving moral turpitude or gross inefficiency. He shall perform the functions appropriated to himself by the Principal Secretary to Prime Minister. PM shall have no MS, and the secretary to PM shall be a BS-21 officer who shall co-ordinate, on behalf of the PM, with the Cabinet Secretary.
25. There shall be neutral caretaker governments at the federal and provincial level, which shall be appointed by and shall work under the presidium/council, at the expiry of the term of the parliament/PAs, to ensure holding of independent and transparent elections within three months from the date the parliament/PAs cease to exist. The official results of elections shall be notified within ten days of the date of polling by the Election Commission of Pakistan and the first session of the parliament/PAs shall be convened within 15 days of the publication of official results of the general elections by the election commission.
26. The constitution shall not be amended save by the vote of a two-thirds majority of the total membership of the parliament. Every amendment to the constitution so carried out shall require ratification by a simple majority of the total membership each of two-thirds of the number of provincial assemblies in the country. Provided that, where an amendment substantially affects the interests of a province, ratification by the provincial assembly of that province shall be mandatory. No constitutional amendment shall become effective unless ratified, as provided in this article. Provided further that no amendment affecting the basic structure of the constitution shall be made prior to twenty-five years from the date of its enactment, when the basic structure of the constitution shall be open to review.
27. It shall be mandatory upon the government to set up all parliamentary committees, with equal representation of treasury and opposition members, within 60 days of the government entering into office. The recommendations of the committees shall be binding on the concerned ministry/division/department, especially in respect of financial matters. The appointments of secretaries and heads of corporations shall be subject to scrutiny and approval of the relevant parliamentary committee. The Chairmanship of Public Accounts Committee shall vest in the leader of the opposition.
28. All appointments of ambassadors and PR to UN shall be subject to scrutiny/approval by the parliamentary foreign affairs committee.
29. There shall be regular question hours in the parliament and PAs where the PM/ CM, and the concerned ministers shall personally answer questions of the MPs/MPAs. It shall be mandatory upon the PM/CM to personally take the question hour at least once a week, when the parliament/PA is in session.
30. Leader of the opposition shall, in the order of precedence, be next to the pm, and shall have the perks and privileges accordingly. The parliamentary leader of the opposition party having the largest number of seats in the House shall be appointed leader of the opposition within thirty days reckoned from the date of the first sitting of the House.
31. Maximum devolution of powers and delegation of subjects to the provinces shall be ensured. The federation shall retain defence, foreign affairs, interior, finance, foreign trade (a comprehensive list to be drawn up). Subjects such as education, special education, Industries, Minerals, local government, and health shall devolve to the provinces. Concurrent list shall be abolished.
32. Tax collection shall devolve to the provinces to a maximum, who will contribute to the federation on an agreed percentage of the revenue collected by them, for the federation to run its affairs smoothly.
33. Two-year bar on the government servants to contest elections shall be reduced to six months.
34. It shall be incumbent upon every outgoing government to prepare for the incoming government, a full-scale intelligence, security, foreign affairs, and economic brief/review, covering its term in office, so that a system of continuity in state policies is developed/nurtured.
35. The focus of all intelligence apparatus shall be shifted to matters of national security, terrorism, organised crime having international/inter-provincial ramifications. Hounding of political opponents and other members of civil society shall be completely abandoned.
36. All focus of the government shall be on bringing visible relief to the common man, reducing the role of government in his life.
37. State Bank of Pakistan shall be made completely independent and autonomous, both administratively and financially. Governor, SBP shall be appointed for a period of five years and the security of tenure of the Governor, SBP shall be made foolproof.
38. The chief election commissioner (CEC) shall be appointed for a period of three years, provided that the CEC shall continue as such if elections to Presidium/council and/or parliament/PAs are due within six months from the date of the completion of the CEC's term. The CEC shall, in such circumstances relinquish the assignment three months after the election process has been finalised and official results notified. The CEC shall, in any case, not seek or occupy any office of profit under the government for two years from the date of relinquishment of his office. The person appointed as CEC shall be a retired judge of the supreme court of Pakistan to whose retirement as such a period of at least one year has elapsed on the date of the appointment as CEC, provided that he/she had not occupied any office of profit under the government during the intervening period. The election commission shall be completely independent and autonomous financially and administratively.
39. State land shall be distributed among the tillers of the soil/farmers who do not already have a viable land holding.
40. There shall be no duty free import of cars/ any other items for anyone in the govt. Duty exemptions shall only be granted prudently to civilian departments/ armed forces for operational purposes. It shall be ensured that no operational vehicle is put to personal use by the government functionaries/public office holders.
41. There shall not be any quota for any public office holder in public sector educational institutions. Admissions shall be solely on the basis of merit, and quota allocations for backward areas.
42. There shall be no allocation/acquisition of reserved state land for state or private purposes. All reserved areas for the purpose of environmental protection, parks, play grounds, forests, greenbelts, wildlife sanctuaries shall be notified in the government gazette (wherever not done so already), and shall never be appropriated to any other use.
43. Public dealing departments and their record shall be made more accessible and accountable to the people.
44. Economic policies shall be framed to restore the confidence of business, trade, industry, and entrepreneurs.
45. There shall be reforms in the system of administration of criminal justice to provide safety to the common man, and easy/inexpensive access to timely justice.
46. VIP culture shall be eliminated. Chairman/members of presidium/council, PM, Governors, CMs, ministers and other holders of high public offices shall live and travel modestly.
47. State shall strive to provide equality of opportunity. Policies shall be framed to channel national wealth from rich to poor sections of society.
48. State shall strive to allocate greater resources to the social sector, for the greater good of the greatest numbers.
49. State shall strive to provide clean drinking water, cheap and uninterrupted electricity, education, healthcare, decent and adequate public transport, and jobs to the deserving.
50. State shall ensure independence of the media. Pemra shall be placed under an equally represented bi-partisan parliamentary committee, headed by the Speaker of the parliament, who shall have a casting vote in case of a tie.
51. NAB (or any successor organisation) shall be administratively and financially independent and autonomous. Its reporting line shall be to the Presidium/ Council.
52. A high powered commission for Fata, Pata shall be appointed, within fifteen days of the first Presidium/council entering into office, mandated to formulate concrete and workable long and short term policies to bring peace to the region. The Commission shall also conceive schemes for the development and economic uplift of Fata, Pata, spread of education, building of roads, provision of electricity, and other infrastructure which meets the requirements and aspirations of the people of the region, without disturbing their way of life. The commission shall also propose a framework of laws for the region which are not in conflict with the value system followed by the people of the region.
The commission shall comprise four members and a chairman belonging to and permanent residents of Fata, Pata, or NWFP having extensive knowledge and experience of the system of administration, laws, religious practices, value system, and culture of the people of the region. The commission may co-opt additional members belonging to Fata and Pata, having influence in their areas. The commission shall complete its mandated assignment and submit its recommendations before Governor, NWFP not later than six months from the date the commission starts functioning. The Governor shall, with his clear and specific comments and recommendations, forward the report of the commission to the Presidium/council for its approval and implementation. The Presidium/council shall seek and consider the views and recommendations of the PM before arriving at a decision with regard to approval and implementation of recommendations of the commission. The Presidium/council shall make utmost efforts to finalise the process of approval of the commission's recommendations, and attach timelines for the implementation of the long and short term recommendations of the commission.
53. A Lieutenant Governor shall be appointed to administer the Fata and Pata region, belonging to and permanent resident of Fata, Pata, or NWFP. His reporting line shall be to the Governor of NWFP. He shall have a small size secretariat headed by a secretary (BS 20) to assist him in managing the affairs of the region. He shall co-ordinate between all security and government agencies deployed in the region. His main focus shall be the improvement of law and order and security situation in the region, overseeing the development work and implementation of state policies, maintaining close co-ordination and contact with the influential persons in various agencies in the region to seek their help and assistance in securing and maintaining a peaceful atmosphere in the region.
54. State shall strive to provide greater autonomy and independence in administrative and financial matters to Gilgit-Baltistan, and frame policies for development and economic uplift of the area.
55. Members of the presidium/council, PM, and Governors shall be entitled to adequate pension and perks upon completion of their tenures, the rate of which shall be fixed at a level which allows these public office holders an honourable living commensurate with the office held by them in the service of the state.
56. The rules of procedure shall be appropriately amended immediately upon enactment of the new constitution. (Concluded)