Pakistan Competitive Exam

Political Anarchy in Pakistan

The constant safeguarding of Pakistan's integrity and independence through a strong central government and leadership can be attributed to the Kashmir dispute and Pakistan's non-acceptance of India's attitude, as perceived by the central leadership. The apprehension regarding Pakistan was substantiated in 1971, as India strategically devised a plan to partition the country. Otherwise, both the citizens of Pakistan and India would have experienced a political crisis, which often gets resolved until external actors intervene for their own agendas.
During the formative period of Pakistan, the founding father made strategic decisions to establish the authority of the newly established central government in the face of uncertainty, anarchy, and a challenging relationship with India.

Founding Father and the Prime Minister

Quaid-e-Azam Muhammad Ali Jinnah held the esteemed positions of Governor General and President of the Constituent Assembly. Additionally, he held the position of President of the Muslim League and served as the leader of the majority party in the Constituent Assembly. During his tenure, he nominated Liquat Ali Khan as the Prime Minister, who subsequently established the inaugural Cabinet of Pakistan.

back to top

Constitutional use of Section 51 (5)

The British India 1935 Act, in conjunction with the Independence Act 1947, served as the provisional constitution of Pakistan. Under this Act, the office of the Governor General derived its authority. Use of dismissal power of Section 51 (5) – of India Act 1935 interim constitution of Pakistan and India.

1. After the independence of East Bengal, the Bengal Muslim League Government in India ceased to exist. Similarly, in Pakistan, the government led by Abdul Ghaffar Khan lost its legitimacy and legal standing following the referendum of 1947 and the subsequent independence of the country. The Congress Government was dismissed in accordance with Section 51 (5) of the Government of India Act, which granted authority to the Governor-General to issue directives to a provincial Governor for the purpose of dismissing the Congress ministry led by Khan Sahib in the North-West Frontier Province (NWFP). Additionally, the electorate of the province demonstrated through a referendum that the Congress party had lost its mandate in post-independence Pakistan.
2. In the month of April in the year 1948, the Federal Government invoked Section 51 (5) to justify its intervention in the removal of the Sind ministry led by M.A. Khuhro, which was carried out by Governor Hussain Hidayatullah. The Khuhro ministry experienced a confrontation with the central government regarding the detachment of Karachi from Sind and its subsequent restoration as federal territory. This conflict arose due to the Federal Government's intention to designate Karachi as the capital city.

back to top

Arbitrary use of Power Section 51 (5)

The aforementioned authority was employed to create the jurisdiction of the Federal Government throughout the nation. However, it is regrettable that when this authority was wielded by a non-political career leader, specifically the third Governor General Ghulam Muhammad, he undertook arbitrary actions and misused his position that were unrelated to the general well-being of the nation, but rather served his own personal ambitions:
1. On October 17, 1953, Khawaja Nazimuddin, the Prime Minister, and his government were sacked. General Ayub himself admitted at a news conference at the Governor's House in Karachi in October 1964, that "when there was a conflict between him (Khawaja Nazimuddin) and Governor-General, I decided to side with the Governor-General."
2. The Government of India Act 1935 was amaended by the Constituent Assembly on 21 September 1954. The modifications established a provision that restricted the Governor-General from taking action unless it was based on the recommendations provided by his Prime minister. In response, Ghulam Mohammad undertook the dissolution of the Constituent Assembly itself, a significant action taken during a period when the assembly had nearly completed the finalisation of the constitution's draft. With the active support of General Ayub Khan, this action was undertaken.

back to top

Supra-constitutional Force with Doctrine of necessity

The convergence of non-career politicians, civil servants, and military command resulted in the appointment of a civil servant as Governor General, who subsequently exerted significant influence over national politics, so compromising the unity of the Federation. The individual in question was relieved of their position as Governor General through the implementation of the "doctrine of necessity," subsequently being replaced by another individual, Ikander Mirza, who was a civil servant and lacked previous experience in politics.

Abrogation of 1956 Constitutions

• The Pakistan Constitution of 1956 was presented in the Assembly by Ch Muhammad Ali, a former Finance Secretary and Secretary General of Pakistan, who was not a career politician. This event took place on the 9th of January 1956, and the Assembly subsequently approved the constitution on the 29th of February 1956.
• On 5th March 1956, Major General Iskander Mirza became the first elected President of Pakistan.
• On October 7th, 1958, President Sikandar Mirza took the action of abrogating the Constitution, dissolving the National and Provincial Assemblies, and declaring Martial Law. The individual in question designated General Muhammad Ayub Khan, who held the position of Commander-in-Chief of the Army, to assume the role of Chief Martial Law Administrator.
• On October 27, 1958, General Muhammad Ayub Khan assumed the position of the second President of Pakistan. General Ayub Khan initiated a significant measure by establishing a Constitution Commission on the 17th of February, 1960.

back to top

Politics of Street Power / Street Force

• Z. A.Bhutto implemented novel extra-constitutional methods to oust the government by mobilising the collective might of young individuals, students, labourers, and urban professionals. This was latter used by Paksitan poltiicals leaderships including Paksitan National Alliance against Bhutoo , Nawaz Shareef and Imran Khan to outset the elected goverment. Violence played a pivotal role in the street ppwer. The utilisation of this strategy was directed against the Ayub Khan administration in the year 1967, resulting in the subsequent imposition of the Second Martial Law in Pakistan. The Second Martial Law was implemented on March 25, 1969, resulting in General Agha Muhammad Yahya Khan assuming the roles of President of Pakistan and Chief Martial Law Administrator (CMLA).
• Subsequently, the period arrived wherein Bhutto himself faced the consequences of employing street force and violence as political tools. On January 7th, 1977, Mr. Z.A. Bhutto made a public declaration regarding the advancement of the scheduled elections. As a result, on January 10th, 1977, he recommended to the President for the dissolution of the National Assembly. The elections took place on the 7th of March in the year 1977.
• The aforementioned events led to a significant political crisis, when the opposition parties resorted to public demonstrations against the election results. Subsequently, Martial Law was enforced by General Muhammad Zia-ul-Haq, who was serving as the Army Chief at the time, on the 5th of July, 1977.

back to top

Reintroduciton of Arbitrary Power under Article 58(2)(b)

• On March 2, 1985, the Constitution Order (P.O. 14 of 1985) was issued, in which a large number of amendments were made to the Constitution.
• In November 1985, the 8th Constitutional Amendment was adopted by the Parliament. Besides changes in other articles in the Constitution, significant Article 58(2)(b) was added, according to which the President acquired discretionary powers to dissolve the National Assembly.
• The country once again landed in the 1950s, the time of aribtary use of power by the president.

Dismissal of Assemblies

On May 29, 1988, the President Zia ul Haq using the power acquired under Article 58(2)(b), removed Prime Minister Muhammad Khan Junejo, and the Assembly was dissolved.
The General elections for the eighth National Assembly was held on 16th November 1988Mohtarma Benazir Bhutto became the Prime Minister of Pakistan . The Assembly was dissolved by the President, Ghulam Ishaq Khan under Article 58(2)(b) on 6th August 1990 using power of Article 58(2)(b).
The government of Mian Muhammad Nawaz Sharif was removed, and the ninth National Assembly was dissolved by the then President, Ghulam Ishaq Khan, under Article 58(2)(b) on April 18, 1993.
The Mohtarma Benizar Bhutto government and tenth Assembly were dissolved by President Farooq Ahmad Khan Laghari on November 5, 1996 usomg the power under Article 58(2)(b)

Removal of Article 58(2)(b)

The elections for the eleventh National Assembly were held on February 3, 1997. Mian Muhammad Nawaz Sharif took the oath as Prime Minister of Pakistan and Leader of the House on February 17, 1997. The new assembly came into power with an overwhelming majority. Article 58(2)(b) was later omitted from the Constitution via the 13th Amendment in April 1997.

back to top

Anarchy did not end - Doctrine of Necessity

Chief of Army Staff General Pervaz Musharraf, who was also Chairman of the Joint Staff Committee, took over the government from Prime Minister Nawaz Sharif and declared himself Chief Executive through a Proclamation of Emergency on October 12, 1999. Through a Provisional Constitutional Order (PCO) issued on October 14th, 1999, he held the Constitution in abeyance, suspended the Senate, National and Provincial Assemblies, Chairman and Deputy Chairman Senate, Speaker, and Deputy Speaker National and Provincial Assemblies, and dismissed the Federal and Provincial governments.

Election under Martial law

The elections for twelfth National Assembly was held on 10th October 2002.
Frist Assembly Completed its tenure National Assembly of Pakistan completed its Constitutional tenure on November 15, 2007.

Judicial Activisms another Element to Derail Democarcy

Another factor introduced by the supra-constitutional force in the absence of arbitrary power articles in the constitution.
• 17th March 2008. Syed Yousaf Raza Gilani was elected the Prime Minister of Pakistan Syed Yousaf Raza Gillani was disqualified from April 26, 2012 by the Order of the Supreme Court of Pakistan on June 19, 2012.
• Mian Muhammad Nawaz Sharif was elected as the third-time Prime Minister of the Islamic Republic of Pakistan and took the oath of office on June 5, 2013. In 2017, Pakistan's Supreme Court disqualified him from office in a unanimous verdict over corruption allegations.

Currently, the political landscape of the nation has exhibited a certain degree of maturation. Since the inception of the 12th national parliament, nearly every subsequent assembly has successfully fulfilled its designated term, so indicating a positive trajectory towards the consolidation and maturation of democracy inside the nation. However, the influence of extralegal entities remains potent.
back to top