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Constitutional
amendments should be easy to deal with. The document prescribes
the method by which changes can be effected. If there is an issue
which commands the consensus of a two-thirds majority in both houses
of Parliament, the constitution is amended. This, however, is the
theory, and like most theories, this too remained far removed from
reality.
General
Pervez Musharraf's political advisors are patting themselves on
the back for having piloted the 17th amendment through the treacherous
terrain of a hostile Parliament and for closing a sordid chapter
that wasted one full year of the new Parliament and a hamstrung
government.
The Legal Framework Order is now part of the constitution,
thanks to the out-of-Parliament pact between the government of Mir
Zafrullah Khan Jamali, and the leadership of the Muttahida Majlis-e-Amal
(MMA) - a six-party alliance of religious parties. This pact, whose
every page was signed by the leaders of both sides, passed the 17th
amendment with 248 votes out of the National Assembly's 342, and
72 out of the Senate's 100.
"We
have chosen the middle way for settling the issue. In ideal circumstances
the situation would have been different, but we are transiting from
military rule to a democratic dispensation and the 17th amendment
was the most feasible way possible to move forward," said Senator
S.M. Zafar, the government's chief negotiator with the MMA and author
of the final draft of the agreement between the two sides which
led to the passage of the 17th amendment.
The opposition, still smarting from the blow of the MMA's
deal with the government, violently disagrees. It has characterised
the amendments as day-time robbery of the people's rights.
Their hostility stems from the fear that President Musharraf
is now in an unassailable position. He has got a vote of confidence
from the Parliament, put to rest some of the ghosts of his controversial
referendum, and, what is more, has constitutionalised his position
with the help and backing of the religious parties.
A
simple reading of the bill makes it clear that the President is
the most powerful man in Pakistani politics. He now has the power
to dissolve the Assembly and, within 15 days, send a reference to
the Supreme Court to decide the matter within 30 days after the
filing of the reference. While other interested parties are not
barred from taking the dissolution matter to the Supreme Court,
his reference practically restricts the issue to the confines of
the presidency and the Supreme Court.
The President makes all the important military appointments
and the Prime Minister's suggestions are not binding on him. He
has managed to get endorsed and constitutionally protected - in
a one-off arrangement - the actions taken during the first three
years of his tenure as Chief Executive and now through the vote
of confidence has extended his tenure by another term.
The local government (devolution plan) system and the Police
Act, both subjects of great debate, are protected for six years.
Even the seemingly great concession that Musharraf has made
to the MMA by agreeing to constitute the National Security Council
through an act of Parliament, is an eyewash. Insiders say that the
National Security Council was always a bargaining chip, and, at
any rate, it will come into existence through an act of Parliament.
The biggest stumbling block - that of General Musharraf being
the President of Pakistan and Chief of Army Staff at the same time,
has also been sorted out by mentioning the relevant clause article
63(1) (d) prohibiting one man from holding two offices. But the
clause becomes effective from December 31, 2004. Till then the constitution
allows General Musharraf to be the legitimate president of the country
and the army chief at the same time. His power is now virtually
complete.
The opposition's Alliance for Restoration of Democracy (ARD)
is feeling frustrated because its ranks have been depleted by the
deal that the MMA has struck with the government.
Pakistan Peoples Party leaders admit that they played along
with the MMA's politics of fence-sitting because they had no other
option."There is nothing in the MMA's acceptance of General
Musharraf's second coup, the 17th amendment, that surprises us.
The only element of surprise is that it took the mullah-military
pact a whole year to mature. We put up with the MMA's backroom deals
because of their public posture of savaging President Musharraf
in public. It supported our stance and we had to remain in sync,"
said a senior PPP leader.
While the ARD and its newly-formed auxiliary opposition alliance
in the Senate, the 8-party Democratic Alliance, looks shaken, the
MMA has not exactly gained all that much. For one thing, by casting
its vote in favour of the 17th amendment, the MMA has gone against
the very grain of the constituency that voted for it. Its vote-bank
is a confusing mix of anti-US, anti-reform, pro-Sharia, socially-marginalised,
economically-deprived, and politically-frustrated groups, with one
thing in common: dislike for General Musharraf's policies - especially
towards Afghanistan and India. This dislike was expressed in the
most extreme form: a second suicide attack on General Musharraf
involving two Pakistanis - one from Poonch and the other from Swat.
The MMA's deal with the government and General Musharraf
is an affront to their constituency. Its grudge against the ruling
generals has, ironically, been nursed for nearly four years by the
religious alliance's own leaders. Beyond the loss-and-gain calculus
of groups and parties lie even harsher realities. The 17th amendment
has brought to the fore stronger political battle lines. The military,
its Punjab-based support group, the PML (Q), and the religious elite
stand on one side of the fence. Most of the smaller parties from
the provinces, especially the nationalists, and two of country's
mainstream political forces: the PPPP and the PML (N) are ranged
on the other. Between these two lies a constitution on whose authentic
version both sides still disagree.
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