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General
Musharraf's aides are burning the midnight oil working on a new
plan to establish a system of presidential rule, as the increasingly
contentious dispute over the Legal Framework Order (LFO) remains
unresolved. The President sent out a clear warning when he declared
that the Parliament would not survive if the LFO was rejected. With
little hope of an agreement between the government and the opposition
on the crucial constitutional issue, the military establishment
may decide to wrap up the present political set-up and replace it
with a French style presidential system, in which executive powers
lie with the president, while the prime minister heads the administration.
Sharifuddin Pirzada, that crafty legal constitutional wizard, is
helping Musharraf's men in engineering a constitutional device for
the change. " It is just a matter of how and when," says
a highly placed government source. "The modalities for a new
system are already being worked out."
There is a growing consensus in the President's camp that
merely replacing the prime minister may not help resolve the wider
political problem. However, there is still apparently much confusion
over the modalities of bringing in presidential rule in the face
of an increasingly hostile and vocal opposition. According to highly
placed government sources, several options are being considered
that include a referendum, seeking a mandate from the Supreme Court
or amending the constitution through Parliament after disqualifying
a large number of opposition legislators on various grounds. The
dissolution of the National Assembly is seen as a last resort.
The view at the President's camp appears to have hardened after
the Jamali government's failure to bring the MMA on board and the
inability of the ruling coalition to continue the parliamentary
process which remains disrupted by the opposition. Addressing a
group of parliamentarians last month Musharraf did not bother to
hide his displeasure over the current paralysis in the government.
His criticism of religious parties highlights the conflict between
his views and the coalition's soft corner for the MMA. The meeting
also brought into focus the differences within the ruling party
members. Prime Minister Jamali accused his ministers and the party
men of non-cooperation. "No one listens to me, even the administration
does not take me seriously," he was reported to have blurted
out at a meeting. This pathetic outburst was hardly the way for
Jamali to restore confidence of party members in his own capabilities.
Meanwhile, Jamali seems to have been galvanised into playing a more
active role in the past few weeks after speculation about an inhouse
leadership change did the rounds in Islamabad.
Musharraf has not only assumed the role of chief executive,
but also seems to be guiding the cabinet. Most political observers
agree that a change in the system would only formalize his role.
One constitutional expert maintains Musharraf would need to amend
only two clauses in the constitution to turn the present system
into the presidential form. According to experts this can either
be done through the National Assembly or Musharraf could choose
to go for a referendum.
To amend the constitution, the government needs a three-fourths
majority in the National Assembly. One way of achieving this is
to push the disqualification case in the Supreme Court against those
members holding a madrassa certificate. A Peshawar high court bench
has already declared that a madrassa certificate was not equivalent
to a university degree and the case is pending in the Supreme Court.
There is a possibility that the government may now ask the court
to expedite the case after the collapse of talks between the government
and the MMA. According to one report, some 85 members of the National
Assembly, the majority of them from the MMA, may lose their seats.
There is also a move underway to disqualify some other opposition
members for "disrupting the assembly".
A referendum is also being considered to put the stamp of
legitimacy on the proposed constitutional amendments. According
to informed sources, the Supreme Court could be approached for an
approval for presidential rule if other options cannot be worked
out. The dissolution of the National Assembly and the wrapping up
of the entire system is yet another option if the present political
crisis spins out of control.
However, it's not going to be smooth sailing for Musharraf
on any of these options. Most political observers agree that these
moves will only exacerbate the political crisis and ultimately threaten
Musharraf's own survival in power. After the last referendum disaster,
another one will not have any legitimacy whatsoever and neither
will the Supreme Court ruling. It will only serve to further unite
political forces, which are already baying for Musharraf's blood.
Any forced change of the political system will generate its own
dynamics, which Musharraf will not be able to control even with
the full backing of the military. It will also have serious international
consequences, as it would be viewed as a return to complete military
rule, this time devoid of even the garb of democracy.
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