Get on with PM election
By I. A. Rehman
THE democratic norms demand that the countrys new Prime Minister must be elected forthwith and no later than Wednesday, the 19th of March 2008. That will be in accordance with the original scheme for the purpose in the Constitution of 1973.
Article 91 of the Constitution in its original form had provided for a swift installation of a new National Assembly and the election of a prime minister. It said: 91-(i) The National Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.
(2) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.
(3) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly.
The article also laid down the procedure if no prime ministerial candidate secured the required majority.
This scheme offered no scope for any outside interference with the start of a new parliamentary year and the induction of a new government. The president was required to summon the National Assembly as soon as the result of the general election was announced but not later than the 30th day after the polling. On the very first day of its meeting the National Assembly was to elect its speaker, deputy speaker and the prime minister. The National Assembly and a new government could start functioning forthwith and simultaneously.
This reasonable and fair process was changed by General Ziaul Haq vide his Order 14 (w.e.f. March 2, 1985). The new article dropped any reference to the time-frame for the meeting of the National Assembly and fixed different days for the election of the speaker/deputy speaker and the prime minister. It said: The President shall in his discretion appoint from amongst the members of the National Assembly a Prime Minister who, in his opinion is most likely to command the confidence of the majority of the members of the National Assembly.
This provision was similar to the process in place before the 1973 Constitution was adopted. India has followed the same procedure. Under it the head of state invited the party winning a majority or emerging as the largest single group to form government. This led to a race among the various parties to forge a majority. Sometimes a person named as PM succeeded in getting a vote of confidence from the assembly and sometimes he failed. In the latter case all kinds of intrigues followed. There was room for manipulation by the head of state. Iskander Mirza started conferring prime ministers mantle on anyone he liked.
Gen Zias objective obviously was to create space for his interference and to enable him to have a prime minister of his choice just as he wanted elections to produce results he could call positive (in his favour). He did not wholly succeed. After the 1985 election he chose, in his discretion, Mohammad Khan Junejo as prime minister, from amongst the partyless members. Under the ZiaJunejo compromise vide the 8th amendment, however, Ziaul Haq had to give up his discretionary power to name the prime minister. A new clause (2A) was added to Article 91 which says:
Notwithstanding anything contained in clause (2), after the 20th day of March, 1990, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly as ascertained in a session of the assembly summoned for the purpose in accordance with the provisions of the Constitution.
Gen Zia had assumed the assembly created by him would complete its term (till March 1990) and for that reason the new clause was to become operative after March 20, 1990. Obviously he did not take into reckoning his own capacity to destroy any semblance of constitutional order. In May 1988 he sacked the Assembly and Junejo both.
The 1988 general election was held before the new clause regarding the prime ministers election by the National Assembly took effect and Acting President Ghulam Ishaq Khan took quite some time to decide whether it was possible to name as prime minister anyone other than Benazir Bhutto, who headed the largest single group. As a last resort she was sworn in as prime minister.
Thus, there is now no confusion on the process for the prime ministers election. He will be elected on the floor of the house and the president will be obliged to accept as prime minister whoever is so elected. The president cannot invite anyone else to become the prime minister and nobody else can claim the right to be invited by him.
Nevertheless, intrigues to frustrate the will of the people as demonstrated by the February 18 poll obviously continue. Every possibility of exploiting differences between PPP and PML-N, differences that are permissible in democratic coalitions, and to create a rift in the PPP itself is being examined. There is some talk of a wild plan to yoke a large PPP breakaway group with PML-Q to beat the Zardari-Nawaz Sharif alliance. It wont work because the moment any member of the PPP or PML-N fails to vote for the coalition nominee he will lose his seat. Nobody will lose his seat for voting for the restoration of judges in violation of the party whip. Thus the new assembly seems less amenable to presidential manipulation than was the case in October 2002 when turncoats in the PPP could be used to enable the president to have his way by simply delaying the revival of the defection provision of the Constitution.
Be that as it may, there is no justification for delaying the election of the prime minister. Even the slightest delay will give rise to misgivings about some mischief or the other being hatched by the traditional enemies of democracy and the people both.
Now, all the five assemblies have been summoned by the president to meet on March 17 (another anomaly, as there is no good reason why the federal chief should have deprived the governors of the privilege of convening the provincial assemblies). On March 17 each assembly will elect its speaker and deputy speaker. The assemblies will be summoned again to elect prime minister/chief ministers. Was it impossible to issue an order laying down a schedule for the National Assemblys meeting to elect the speaker/deputy speaker and fixing the next day for the election of the prime minister and prescribing a similar schedule for the provincial assemblies?
The summoning of the National Assembly immediately after March 17 for electing a prime minister will remove a lot of confusion and chances of confrontational posturing and unnecessary threats, that is, if the powers that be have any respect left for the people. Or any sense of shame.
Get on with PM election -DAWN - Top Stories; March 12, 2008