Sunday, October 28, 2007

Can "Elections" by Comatose Assemblies be called New Elections at all ?

Dr. Anwar Ul Haque

Everyone knows what elections are. Entire world knows that elections are means to get fresh mandate of people to get an elected President, Prime Minister and Assemblies for the new term. Elections are held very near the beginning of new tenure of the President, Prime Minister and Assemblies. In many countries including Pakistan, assemblies are directly elected while Prime Minister and President are indirectly elected. The people are given the chance to evaluate the performance of the previous Government, Prime Minister and President and if they are satisfied, they may choose to re-elect them otherwise they are rejected and new ones are elected.

The Pakistan Constitution very clearly says that the matters of the Government will be run by the chosen representatives of the people and that period for this representation and ruling will be 5 years only.

The Election Commission of Pakistan has held a so called Presidential Election on 6^th October in extreme hurry from dying assemblies who had almost completely finished their tenure. In USA elections people are given months to see debates between Presidential Elections on each and every issue. In addition to various state debates, national debates are held but in the last so called Presidential Elections, hardly a week was given which was barely sufficient to file the nomination. It is interesting that USA and Israel backed these elections. I hope Israel and USA adopt the same election procedures for themselves.

The very important and basic question is that how and why people are deprived of their basic right of assessing the performance of the past President and to reflect their choice of the President for the next five years. The process must qualify to be the fresh elections representing the current approval or disapproval of the President. If there is no fresh mandate of the people, then the process does not even qualify to be called election and hence entire exercise was futile and mere jugglery. The Present assemblies are five years old and hence they can not be authorized or trusted as to represent the current and fresh mandate of 16 crore people of Pakistan. Even if one gets 100 % votes from these assemblies mean nothing. It is quite possible that over 5 years people have changed their minds all together about the current regime. To ask to consider or respect the verdict of these assemblies would be the most foolish thing to say.

Please note the following points:

1.       Many people have died in last five year and their mandate can not be held valid for next election

2.       Many people have acquired the voting right during last five years because of their age and these people can not be deprived of reflecting their opinion and choice in electing new assemblies as well as new President

3.       The current assemblies represent the mandate of 2002 and not 2007 and hence any election through these assemblies would amount an election of 2002 and not that of 2007

4.       Suppose if near death and near expiry assemblies and President have lost all credibility and approval in the sight of people, how people will be able to reject the President in the elections of 2007?

5.       The Presidential Elections through the present assemblies will deprive 16 crore Pakistanis their most fundamental right of brining about change in President. The Constitutional requirement as mentioned in preamble of Constitution that the matters of the country would be run through the chosen representative thus makes it essential that the Presidential Election must be held after and through newly elected assemblies and it will override the provision of holding elections 30 days prior to the expiry of the term of President if no fresh assemblies representing the fresh and current approval and mandate of the people are present.

6.       The insistence of the ruling party to hold Presidential "Elections" from about to expire assemblies actually show their belief that the vast majority of Pakistanis are dissatisfied with them and with the President and thus they want to deprive 16 crore Pakistanis to evaluate their performance and to cast their vote directly or indirectly to elect new President.

7.       Presidential Election can be held within 30 days after holding fresh election of assemblies. The Newly elected members of assemblies will represent true and genuine current opinion of people in election of the President.

Let me present the following definitions and explanations from WIKIPEDIA which is one of the World's most popular Encyclopedias with constant updates on Internet. Its website address is http://en.wikipedia .org/wiki/ Election. All references can be checked from there. In addition I have taken one reference from Encyclopedia Britannica (15 ^th Edition, pages 529-530).

Definitions of the democratic elections

1)       An election is a decision making process where people choose people to hold official offices.

2)       Montesquieu points out in Book II, Chapter 2 of "The Spirit of Laws," in the case of elections in either a republic or a democracy, voters alternate between being the rulers of the country as well as being the subjects of the government, with the act of voting being the sovereign (or ruling) capacity, in which the people act as "masters" selecting their government "servants." Rather, the unique characteristics of democracies and republics is the recognition that the only legitimate source of power for government "of the people, by the people, and for the people" is the consent of the governed -- the people themselves.

3)      In political theory, the authority of the government in democracies derives solely from the consent of the governed. The principal mechanism for translating that consent into governmental authority is the holding of elections. It is agreed, that elections should be free and fair.

4)      There is a broad consensus as to what kind of elections can be considered free and fair. Jeane Kirkpatrick , scholar and former United States ambassador to the United Nations, has offered this definition: "Democratic elections are not merely symbolic.... They are competitive, periodic, inclusive, definitive elections in which the chief decision-makers in a government are selected by citizens who enjoy broad freedom to criticize government, to publish their criticism and to present alternatives."

5)      The Democracy Watch (International) website, further defines fair democratic elections as, "Elections in which great care is taken to prevent any explicit or hidden structural bias towards any one candidate, aside from those beneficial biases that naturally result from an electorate that is equally well informed about the various assets and liabilities of each candidate". This was more formally stated in 2000 by Chief Justice Murray Gleeson of the Australian High Court as "The democratic and lawful means of securing change, if change be necessary, is an expression of the will of an informed electorate."

6)      The nature of democracy is that elected officials are accountable to the people, and they must return to the voters at prescribed intervals to seek their mandate to continue in office. For that reason most democratic constitutions provide that elections are held at fixed regular intervals.

7)      The fundamental features of democracies include government based on majority rule and the consent of the governed, the existence of free and fair elections, the protection of political minorities, respect for basic human rights, equality before the law, due process , and political pluralism. ^[1]

8)      An independent judiciary, which may have the power to declare legislative acts unconstitutional ( e.g. Supreme Court)

·        And a pertinent reference from .Encyclopedia Britannica (15^th Edition, pages 529-530) ;   ) "Fundamental to the use of elections is the contribution that they make to democratic government. Where the members of the body politic cannot themselves govern and must entrust government to representatives, elections serve not only to select leaders acceptable to the voters but also to old the leaders accountable for their performance in the office."

The Presidential "Elections" of 6^th October don't fulfill any of the above. It is unfortunate that in Pakistan Constitution and law is subjected to all kinds of juggleries and deliberate and callous misinterpretations. Not every thing could be written in constitution. The fair and honest practice of elections is very clear and understood throughout the world. In Turkey, for example Presidential Elections were held after elections of Parliament. In Pakistan Presidential post is not ceremonial as it is in India. The rules and judgments passed for a ceremonial president and or a single MPA and MNA can not be taken   as reference or basis to judge the elections of Pakistani President under current atmosphere where he is all in all. He can do whatever he likes; Lal Masjid, WANA, 12 May and "forgiving" billions of corruption.

It is essential to hold Presidential Elections after the elections of national and provincial assemblies so that people's current verdict can be represented in the election of the President. Those who are satisfied with the performance of the President will vote for those candidates who would later vote for the present "President" and those who are dissatisfied will vote for those candidates of assemblies who would not vote for the present "President". To do otherwise would be against the basic human rights and the rights granted by the constitution to the people of Pakistan.

Last but not the least I appeal to all Pakistanis to speak truth and act according to their conscience. When we hear blatant lies by quite high ups on TVs and in the press media, our heads go down in shame. We must not forget that as Muslims we are supposed to be the role model for the rest of the world as the Prophet (PBUH) was the role model for us. We must not follow party lines and must not accept the party dictations when these violate truth. Allah's curse is on the liars. And this curse is reflected in the mismanagement and other numerous problems which we face every day. It is the duty of all Pakistanis to protect Constitution and law and it is required by the constitution. To say that the Government officers and employees should not discharge their vital role in upholding the constitution is rubbish and not in the best interest of Pakistan. If we are a free county and not a banana state or sham democracy then all of us have to be vigilant.  As Muslims and as Pakistanis we must safeguard our county and its people. This will occur only when we all give strength to the Courts and actively involve in protecting the Constitution and the law in true letter and sprit. When we have justice in the society and the respect of law and Constitution then we will Insha Allah progress and our society will be truly enlightened and moderate as Islam wants it to be. . All educated and conscientious people and organizations must play their important role in safeguarding the legitimate rights and this involves choosing people to run the affairs of the country. In the so called Presidential Elections 16 crore Pakistanis have been deprived of this their very basic right as if 100% people did not like Musharraf, they had no way to remove him and bring a President of their choice. For bringing Prime Minister and President of their liking for new term, the nation must be allowed to elect assemblies first and these assemblies in line with the choice and aspirations of people must choose Prime Minister and President whom people would like to see as Prime Minister and President. To deprive people on gun point and imposing Prime Minister through blatant manipulations is sign and symptoms of total lawlessness and lack of civilization and then to expect people respecting law would be extremely naïve to say the least.