Current debate on the forms of Government, parliamentary or Presidential, only confirms, what titled my piece on the 18th Amendment, published in a local magazine 'Pakistan a land of controversies'. J. S. Mill, in his classic discourse, 'On the Representative Government', stated that all speculations concerning the forms of government, more or less, bear the impress of two conflicting theories. According to one view, a system of government was the result of an evolution in a society. The other view was that all institutions were the result of human genius and contriving. According to the worthy author, the truth lies somewhere in the middle. His most important observation however was that no political machinery works on its own. It is dependent on men, even the ordinary for whom a political system is put in place. "The people for whom the form of government is intended must be willing to accept it, or, at least not so unwilling as to oppose an insurmountable obstacle to its establishment. They must be willing and able to do what is necessary to keep it standing. And they must be willing and able to do what it requires of them to enable it to fulfil its purposes. The word "do" is to be understood as including forbearances as well as acts. They must be capable of fulfilling the conditions of action and the conditions of self-restraint, which are necessary either for keeping the established polity in existence, or for enabling it to achieve the ends, its conduciveness to which forms its recommendation."
On the eve of the creation of Pakistan, it was painfully realized that no homework had been done on the constitutional framework for the new Muslim state. Arguably, speeches of the Quaid-e-Azam Jinnah do not give fair idea about the system of Government he had in mind. Jinnah, being a democrat could not have imposed his will. It is claimed that he liked the French system. There is no direct evidence to support this view. The Government of India Act, 1935 (GOIA) was adopted with necessary changes as the interim constitution of Pakistan. Under section 8 of the Indian Independence Act, 1947, the legislature of Pakistan was empowered to frame a new constitution for the dominion but it did not provide for particular form of Government. The Quaid became the Governor General and Liaquat Ali Khan was sworn in as the first Prime Minister of Pakistan. The first Constituent Assembly took more than seven years to come up with a constitution. The Objectives Resolution of 1949, made broad and vague statements. The Basic Principles Committee in their two reports of 1950 and 1952 however agreed on the Parliamentary form of Government. The draft of the Constitution presented on 20 October 1954 (3 days prior to the dissolution of the Constituent Assembly) also provided for the Parliamentary form of Government. It appears that the basic reason for choosing the Parliamentary form of Government was that at least two elections of 1937 and 1946 were held under the GOIA, which provided for the Parliamentary form of Government. Moreover, throughout the British Colonies with the exception of South Africa, all had the Parliamentary forms of Governments. Most importantly, the political leadership was trained on the British Parliamentary tradition. The first Constitution of 1956 provided for the Parliamentary form too.
The political history of Pakistan is not very pleasant. The pioneering years (1947-1958) present a sad story of betrayals, intrigues, infightings and sycophancy. The little man (Winston Churchill's expression) was never free from his worries or basic needs. He never rose or allowed to rise to a level where he could take his destiny in his own hands. All these causes led the armed forces to take over the custody of the ideological boundaries of the state. The story of Martial Law and Presidential rule of Ayub Khan (1958-1969) although termed as 'best years' according to some circles, virtually killed the idea of a Presidential form of Government in Pakistan forever. The political elite further undermined the little man's power to decide his fate. The seeds of secession of East Pakistan were laid in February 1966, a month after the Tashkent Declaration in the form of Mujeeb's Six Points. From 1969 to 1971, the strongman Yahya Khan, a fine Officer otherwise, could not retrieve the lost ground and keep Pakistan together. He was blamed for the dismemberment of Pakistan but he swore an affidavit before the Court and denied all allegations before his death.
The present Constitution of 1973 is based on the template of GOIA as agreed upon in the political accord of 1972 and followed by the Constitution Committee.
Debates on the Constitution of 1973 bear testimony to the political maturity, integrity and competence of the leadership. The Constitution of 1973 envisaged a strong Chief Executive in the form of Prime Minister of Pakistan, who was elected twice, once by his constituency and then by the National Assembly, unlike India or England, where the Prime Minister could even be taken from the Upper House. The late Zulfiqar Ali Bhutto enjoyed an unprecedented executive power and popularity but he ultimately fell prey to his egotism and intrigues.
In the years of Martial Law (1977-1985), several interpolations were made through un-thoughtful and manipulative constitutional amendments, which defaced and defiled the soul of the Constitution. Judicial decisions on dissolution of the Assemblies and dismissal of elected Government under Article 58 (2) (b) highlighted the abuse of power by the political elite and weaknesses and internal conflicts in the Constitution. Mehmood Khan Achackzai's case of 1997 held that a strong Prime Minister was not good for the country and there needed to be 'checks and balances'. The so-called democratic years from 1988-1999 failed to change the lot of the 'little man'. Those who held power found solace in palaces, chateaus, dachas and luxury flats in foreign lands. They further undermined the Constitution and discredited the democracy. Then another 'saviour' appeared on the horizons with his 7 points in 1999, same old story and speeches. Despite his loud claims the 'little man' was once more cheated and denuded of his respect. Life became harder for everyone. The nation again experimented democracy for ten years (2008-2018). Leaders got richer and the masses went down the drain. State of Pakistan is today standing at crossroads, begging for IMF a bailout package and Chinese loans by pledging the honour to pay out its debts to avoid default(s). Parliamentary form of Government is now a basic feature of the Constitution as held by the Supreme Court. 35 years of Presidential/Individual rule in Pakistan did us no good.
Pakistan's problem is not the forms of government. Everyone who really feels for Pakistan needs to look into his heart and soul. He will find the answer and solution for our problems. The Quaid declared it long ago- unity, faith and discipline. These three words further simplified would mean that truthfulness and honesty in our conduct is the cure of all ills. Any system, if implemented with honesty, will work and the best system will fail if the people are dishonest.