Pakistan Concerns

Report on Training Workshop organized by Centre for Civic Education Pakistan, written by Zamurrad awan

Pakistan concerns — Sat, 02 May 2009 07:45:14 +0000

Report on Training Workshop organized by Centre for Civic Education Pakistan

Centre for Civic education (CCE), which is a nonprofit organization, organized a training workshop on Civic Education and Youth participation from 30^th January 2009 to 26^th April 2009, based on five modules held Islamabad. The workshop took place in the lecture hall of Allama Iqbal Open University, Islamabad. The stay for the non-resident participants of Islamabad was also arranged by CCE in the hostel of AIOU. The workshop was highly organized as hereafter the CCE reimbursed the travel and food allowances. Moreover, to make this workshop more interactive and timely, Mr.Quresh Khattak, Mr.Murtaza Noor and Ms Hafza worked efficiently under the kind supervision of Mr .Zafaraullah Khan, Executive Director of Centre for Civic Education. The workshop exclusively involved the students accompanied by their teachers from different colleges and universities. Therefore, the students were being invited from Kinnaird College for women Lahore, Quaid-e-Azam University Islamabad, Peshawar University, Preston University Islamabad, Comsat College, Punjab University Lahore, Allama Iqbal Open University, and Islamic University Islamabad.

The purpose of this workshop was to sensitize students as well as the teachers regarding their poitive and active role in democratic structure of Pakistan. Moreover, the objective of this training was to give them a sense of shared responsibility regarding their different role in society. Therefore, CCE organized lectures of renowned scholars, arranged activities and encouraged youth for participation through proper dialogue techniques.

The methodology through which this organization started its work was to inform, inspire and involve the youth in respective fields so that the social justice and equality which is not more then a dream for the down trodden class of our society can be ensure. To achieve this objective the interactive exercises were being arranged.

The first module was held on the development of communication skills in effective citizenship. The basic purpose was to enlighten the participants about the significance of effective communication skills for an active citizen. The 2^nd module was based on civic activism, rule of law and Good Governance. The scholars who delivered their lectures on Good governance and the responsibility and role of citizens further highlighted its importance in the active citizenship.

The 3^rd module was particularly addressed the most debatable issue of extremism which make the participants aware of its effects on the lives of common people. Moreover, the strategies have been discussed through which the violence can be counter. The 4^th module particularly addressed Islam in contemporary world, which highlights the modern approach of Islam, so that the students get a better understanding of Islam which is not merely a religion but also a full code of conduct for living a life. The last session of this module focused on the activities which these students would organize in their own institutes after going back to their universities and colleges. It was told to them that they could take any of the topics addressed in these 5 modules to arrange a one day workshop. So that the motive to sensitize the youth of Pakistan could not stop, as the students are the real policy makers for future.

The 5^th and the last module based on the citizenship in the age of Globalization, the purpose was to view the diversities and commonalities in contemporary civilization. In this last module the certificates were even distributed to the students qualified in this training workshop. The ceremony of certificate distribution took place in Sareena Hotel Islamabad.

Zamurrad Awan

Lecturer at Kinnaird College for Women, Lhr

zamurredawan@yahoo.com

Tagged: centre for civic education pakistan

Fake Video to Sabotage the Peace Agreement in Sawat by Zamurrad Awan

Pakistan concerns — Thu, 16 Apr 2009 15:08:00 +0000

Fake Video to Sabotage the Peace Agreement in Sawat by Zamurrad Awan

Questions in mind after watching such a fake video

• Does Islam allow any punishment to the women over any sin, in such an exposing way?
• Is it possible that after receiving these lashed, a women feel herself ok to get up and to move any place as has been seen in the video?
• If it really happened, didn’t the Taliban aware that they are being captured while doing such act, when we find them highly alert and organize in their all violent actions?
• The timing of sending such video is highly addressable as it was send when the peace agreement was in its way to be discussed?
• Can’t be West as a beneficiary of this video, who are already in search to prove Pakistan in respect of Islam an antagonist and fundamentalist country, where they think, there is no respect of any human lives?

Zamurrad Awan
Kinnaird College for Women, lhr
zamurredawan@yahoo.com

Gender Biased Society of Pakistan (A Case-Study of Mukhtaran Mai) by Zamurrad Awan

Pakistan concerns — Thu, 16 Apr 2009 14:53:45 +0000

Gender Biased Society of Pakistan (A Case-Study of Mukhtaran Mai)

The status of women in Pakistan varies considerably across classes, regions and the rural/urban divide due to uneven socioeconomic development and the impact of tribal, feudal and capitalist social formations on women’s lives. The Pakistani women of today enjoy a better status than most Islamic and Middle Eastern women. However, on an average,, the women’s situation vis-à-vis men is one of systematic subordination, although there have been attempts by the government and enlightened groups to elevate the status of women in Pakistani society. Pakistani society is male dominated society where women are the centre of attention and life but this society also consider women as no more than secondary citizens which is perhaps due to the traditional; norms prevailing in the whole society. The role and status of Pakistani women in all walks of life has been highly undermined. Though over the years this scenario has changed and the awareness of woman’s abilities, her rights and her status has reached almost all parts of Pakistan which is a third world country. but this privilege of the right acknowledgment is limited as the majority of Pakistani women belong to the rural areas who work in the fields and in the industrial centre. It is a pool and virtually illiterate majority, which leads a life of physical hardship involving long hours at tedious chores for which there is neither compensation nor recognition. Most of these women bear the double burden of housework and outside work. Not only do these women have longer days than the rest of the family, but also being the last to eat, they eat less well and suffer from anemia and malnutrition. The violence against women in Pakistan is dilemma of our society. Feminists and women’s groups in Pakistan have criticized the Pakistani government and it’s leaders for white washing the prosecution of women and typing to suppress information about their plight in the international arena. Skepticism and biased attitudes against women’s complaints of violence are common among prosecutors, police officers and medicolegal doctors in Pakistan. According to reports from 1990s, such complaints often delayed/mishandled processing and inadequate/improper investigation. The crimes against the women in Pakistan has its various forms like Sexual Abuse, Women Trafficking, Dowry abuse, Domestic Violence, Honor Killings, Marriage to Quran and many other form. After many ups and downs in the case The Lahore high court ruled on 6 June 2005 that the accused men could be released on payment of a 50,000 rupees ($840) bond. However, the men were unable to come up with the money, and remained in jail while the prosecution appealed their acquittal. Just over two weeks later, the Supreme Court intervened and suspended the acquittals of the five men as well as the eight who were acquitted at the original 2002 trial. All 14 would be retried in the Supreme Court. The daunting step of a rural woman with an un-influential background is no doubt a source of inspiration for those women of Pakistan who never dares to break the barriers and bear the physical and mental victimization of their rights. Mukhtaran never stopped here; she was picked up by women national and international NGOs, and Human tights activist. She was nominated for many awards and souvenirs. On 15th March 2009, Mukhtaran Mai, 37 years married to Nasir Abbas Gabol, a 30 years old police officer who was assigned to protect her as her case gained notoriety. She has been criticized for her legal marriage, when she reserved all rights regarding every decision about her life. That is totally her personal decisions, and it comes in to the personal liberty of one individual. She did lot of work for the development of her region despite of the reality that her region witnessed the cruel act of human history with her. A decent society is not easy to attain, it can only he achieved when the society has a deep sense of responsibility regarding its citizens and when the state ensure the personal privacy to its citizens. It’s the time to change the set pattern of society; in fact it’s the time to broaden our minds regarding the most sensitive issue of women rights. It’s high time now that we bear the brunt of the patriarchal mind set of our society, which make many women in relation with daughters, sisters, mothers and wives. Lets finish the case of Mukhtaran with a thought provoking statement of an unknown writer “She’s not a feminist, she’s not an educated person, she does not have any personal politics. Yes, because of her own experience, she has an oppositional consciousness, but without really knowing why. She has a right to get along with her life”

Zamurrad Awan

Kinnaird College for women Lhr

zamurredawan@yahoo.com

Aid in Pakistan by Tahir Jamil

Pakistan concerns — Mon, 04 Aug 2008 12:08:20 +0000

Aid in Pakistan

Pakistan’s interest was to enhance its military capability vis a vis India while the American interest was to equip Pakistan to a level where it would prove to be a potent bulwark state against the communist threat

By Tahir Jamil

The US aid (military and economic) to Pakistan has been based primarily on the posture that the United States of America assumed after World War II to contain the expansion of the USSR influence — consequently, Communism. In the wake of this development on the international horizon, Pakistan’s geo-strategic location led America to recognise its importance. On the other hand, a constant threat to its security from neighbouring India made it imperative for Pakistan to develop long-term relations with a super power that could cater for its defense and economic needs. The only viable option available was USA.

Initially, a great deal of confusion prevailed regarding the future discourse of the country’s foreign policy. The marginalised popular voices put emphasis on Pan-Islamism, as Pakistan had been created in the name of Islam. But the real power players — for example, Ayub Khan, Sikandar Mirza and Governor General Ghulam Muhammad — were in favour of developing cordial and long-term relations with the US.

In his book, Pakistan: A Modern History, Ian Talbot — Professor of History at Southampton University, UK — opines that the removal of Khawaja Nazimuddin, the second prime minister of Pakistan, was also because of the differences that he had developed with the given troika on the issue of foreign policy. From that point onwards, there started an epochal relationship between the key power players in Pakistan and USA that was to later on affect the entire course of our foreign policy.

The third Governor General of Pakistan, Ghulam Muhammad, paid a visit to the USA in 1853. The US declared Pakistan its frontline ally in South Asia against communism in 1954. Since then the American aid has been pouring in — in both military/defense and economic categories. Immediately, a six-point agreement called ‘Mutual Defense Assistance Agreement’ was signed. Pakistan got aid in the form of equipment and material to modernise its inventory, apart from an exchange of technical information regarding defense. Pakistan also received US government personnel whose job was to discharge their responsibilites in the territory as stated by the agreement. In return, Pakistan was bound to support the American initiatives in dealing with peace-threatening issues. Pakistan received military assistance worth 1.5 billion dollars as well as economic aid. It was obvious that America trusted Pakistan to play a very important role in the cold war setting.

This relationship was further strengthened when Pakistan signed on SEATO (South East Asian Treaty Organisation) in 1954 and CENTO (Central Treaty Organisation) — then called Baghdad Pact — in 1957. Pakistan’s all-out reliance on the US military and economic aid was because of its apprehensions regarding India, considered a potent threat to its security. Pakistan was left with the issue of Kashmir and, later, it proved to be one major fault-line in Pak-India relations. Pakistan’s interest was to enhance its military capability vis a vis India while the American interest was to equip Pakistan to a level where it would prove to be a potent bulwark state against the communist threat. This commonality of interest clashed whenever there emerged a conflict between India and Pakistan.

The dimension of US relations with Pakistan can be gauged from the way this aid was channeled. In Ayub Khan’s era, Pakistan continued with its pro-US policy and, hence, aid was disbursed to it in both economic and military categories. For the first time, American president John F Kennedy accepted the Durand Line between Pakistan and Afghanistan as the international border. But the relations began to get strained after the Indo-China war of 1962. The US supported India as the latter shared its democratic ideals. Pakistan felt it had been betrayed by the US. As a result, the balance tilted towards India that was against the interests of Pakistan.

Again, in the wars of 1965 and 1971, no military — let alone diplomatic — assistance was afforded to Pakistan. Both the US and Britain stayed neutral. America severed its cordial ties with Pakistan. The Ayub era that had been lauded as the decade of development, thanks to the economic and military assistance from the USA, ended in mayhem.

It can be safely inferred from the discussion above that both military and economic aid was considered crucial for uplifting Pakistan. In the Ayub era, the Americans helped us settle outstanding issues with our neighbouring countries (chiefly Afghanistan and India). America helped us substantially to build infrastructure viable enough to support our economic development. But we gave central importance to our military and strategic needs at the cost of our economic development. Our authorities badly failed to bargain with the US over economic benefits. Unfortunately, what was accrued in terms of economic assistance was used less cautiously. It was because of the attitude of the authorities towards a virtual, participatory popular governance. The authorities have a strong mistrust to the politician and the political process. What we observe that the national unity that could be forged through the introduction of a well-functioning political system and distributive economic policies was missing.

The cordiality of relations that we enjoyed with the US could have been converted into Pakistan’s economic strength. Strategic relations are short-lived and economic relations have a long life. But Pakistani authorities shifted core to the periphery. The main reason can be centralisation policy of the military regime and the it is the obvious outcome of the phenomenon.

While dealing with a debate on foreign policy the question of morality cannot be inserted. Contradictions in American attitude in dealing with its own citizens and with the rest of the world is often questioned. It can be addressed in this way that our foreign policy had (in post-9/11 the situation has changed) little to do directly with American people. Their participation in the political process is directed from the analysis of how much benefits they are to get from the policies of the government. Moreover, through a well functioning representative system, the American people do have a substantial say in the formulation of government policies. But in the case of Pakistan, the policies — whatever crucial they are to the sovereignty of the country — are made out of the whims of the authorities.

Despite all endeavours made by the authorities in the name of development and strengthening the country’s strategic position, Pakistan is in a compromising position which is much more serious than it ever was.

Book Review:” Pakistan:Sovereignty Lost” by Khurram Iqbal Awan and Zamurrad Awan

Pakistan concerns — Mon, 28 Jul 2008 11:26:32 +0000

Pakistan:Sovereignty Lost

Pakistan: Sovereignty Lost
By Shahid ur Rehman
Mr.Books, Islamabad
ISBN: 969-8500-01-4
252 pp. Rs 395.00
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Reviewed by Khurram Iqbal Awan & Zamurrad Awan
zamurredawan@yahoo.com
M.phil, political Science
Government College University Lahore
…………………………………….

Foreign Dept is a matter of serious concern when u especially look the situation in to a national security paradigm. It does not only determine the internal condition of a state but also vibrantly communicate the international settings of a that particular state. The real problem arises when the heavy external borrowing could not be used appropriately, therefore no productivity could be ensure.such type of situation leave a deep impact upon the sovereignty of a an independent state.

Mr Shaid ur Rehman, a veteran journalist known for his economic and diplomatic reports, has beautifully figure out the the details of loans which has been miss-used by the governemnt of Pakistan. He said pointed out that the Pakistan contracted loan of worth $80 billion, however $70 billion has been repaid and $ 35 billion yet has to repay. the highly criticised point of the government strategy is that the government of Pakistan in different point of view keep on asking for resheduling or dept relief without realising the heavy burden on Pakatan’s economy in future.

while defining the history of indeptedness in Pakistan, writer shifted the blamed from economic to political decisions, as he said “it’s a national tragedy that not a single Pime Minister, President opr a a military ruler , in the peiod of 59 years, honourably left his office.”In 1947 the first loan was sought by Quaid-e-Azam, worth $2billion immediatelty after independence from the United States, as Pakistan was unable to meet their expenses being a newly born country.anopther request was claimed under the signature of Liaquat Ali khan after the after two days of his assasination, which was really a susopecious act as US envoy Avra Warren met to LiaquatAli khan, four days back and asked for Pakistan to contribute towards Middle East defence. Liaquat made the contribution contingent on a Kashmir solution and not on $2 billion. In fact, Liaquat was broaching a joint defence with Iran and Egypt, against the western bloc.

Shahid ur Rehman tells that in 1952 Wheat was importated to Pakisatn From US with the signs of “Thank you America” hanging from the animals’ necks. that show the serious sign of soveregnity lose in Pakistan, at the same time India on such an aid didnt show any gratituide to the US. Moreover, Writer consider Ayub Khan hihgly responsible to grant the Badaber Base to US to get economic assistance, which add insult to the injury.Shahid ur Rehman reveals that 1989-90 was the first financial year during which debt repayment came first in the federal budget, getting ahead of defence and development (P.74).

Writer veilout that Since 1990, Pakistan is paying $39 million every year to encash one National Highway Authority bond worth $22 million and “nobody knows when, how and why these bonds were issued” (P.84).During 1988-99, loan packages were concluded with IMF by caretaker governments and later signed by prime ministers Benazir and Nawaz Sharif governments the most suprising reality is this, there is no accountablity on these debts.

Every new governemnt didnt try to deal with trhe issue of hight debt crisi , moreover they put t he3ior 100% effort to hide the real view of Pakistan economy from their country man.In 2002 Mr Shuakat Aziz, the then finance minister reportedly told the Paris Club that he would be unable to go back to Pakistan, if he did not get debt relief. The Musharraf government has repaid $27 billion ($20.5 billion principal and $6.5 billion interest) and has reduced the debt by $1 billion. It indicates the borrowings by the military-led government.Shahid ur Rehman figure out that the total external debt of Pakistan is now 54% GDP.

Writer clearly tells that the forign assistance is a serious matter which should be dealt intelligence. if the country take such issues causually then the country would be subservient to out side powers and lending agencies by creating perpetual dependence on them. the same happend to Pakistan.Though, the writer by using original source matrial make a view of debt history of Pakistan but at the same time he has figured out the present scernario with the implications of weak economy on Paksiatn in future.

The back story

Pakistan concerns — Sat, 26 Jul 2008 18:19:41 +0000

The back storyThe back story–>

Wed, Jul 23 02:57 AM

The Indo-US civilian nuclear deal was the precipitating factor that brought about this political cliffhanger – but what are the issues that have brought earlier governments to the brink? Tridivesh Singh Maini recaps the history behind the untimely demise of previous governments.

• V.P. Singh, (Prime Minister from December 1989 – November 1990) faced a trust vote in November 1990 and lost. One of his allies, the BJP withdrew support after he issued orders for the arrest of senior party leader L.K. Advani at Samastipur, Bihar on October 23, 1990 during his rath yatra to Ayodhya – the disputed site of the Ram Janambhoomi Temple. The Congress Party also voted against Singh’s government – which was facing increasing flak all over the country for tensions caused by the implementation of the Mandal Commission report.

• Chandra Shekhar, (Prime Minister from November 1990 – March 1991) resigned and did not face a trust vote because the Congress withdrew support from Shekhar’s government. The Congress accused Chandra Shekhar of placing Congress chief Rajiv Gandhi’s house under surveillance.

• H.D. Deve Gowda (June 1996- April 1997) who won a trust vote in 1996, lost the vote in April 1997 because the Congress headed by Sitaram Kesri withdrew support. While the immediate reasons listed by Sitaram Kesri were flimsy, the main reason, it is suspected, was that, the CBI headed by one of Gowda’s trusted lieutenants – Joginder Singh – was framing corruption charges against Kesri.

• I.K Gujral’s government (April 1997 – November 1997) fell when the Congress withdrew support from the United Front Government over the Jain Commission report. The Jain Commission report was set up to inquire into the assassination of Rajiv Gandhi and it indicted the DMK – a part of Gujral’s coalition and cabinet – for supporting the LTTE, which was responsible for Rajiv Gandhi’s assassination in May 1991. The report was tabled on November 19, 1997 and the Congress tried to pressurise Gujral to snap links with the DMK but Gujral refused to buckle under pressure. The Congress finally withdrew support on November 28, 1997.

• A.B. Vajpayee (Prime Minister from March 1998- April 1999 and October 1999- May 2004) faced a trust vote in April 1999 and lost after Jayalalithaa’s AIADMK withdrew support. While tension had been brewing for a long time and her party only needed a pretext to withdraw support, the immediate reason for Jayalalithaa withdrawing support was the sacking of naval chief, Admiral Vishnu Bhagwat by the then Defence Minister George Fernandes. Jayalalithaa also wanted the government to investigate corruption charges which Bhagwat had made against George Fernandes.

• And now, on July 8, the Left parties withdrew support to the Congress Government headed by Manmohan Singh. The Left Parties which were opposed to the Indo-US civilian nuclear deal from the very beginning decided to withdraw support when they came to know that the government would approach the International Atomic Energy Agency (IAEA) for inking an India-specific safeguards agreement, which is a precursor for operationalising the Indo-US nuclear deal.

People-Politics in Pakistan: Who is Protesting and Who Is Not

Pakistan concerns — Mon, 07 Jul 2008 07:54:58 +0000

People-Politics in Pakistan: Who is Protesting and Who Is Not

Adil Najam

I have been traveling nearly non-stop over the last month, and events in Pakistan are headline news everywhere. More than that everyone is asking questions about Pakistan. An immigration official in Baku, Azerbaijan, asked me (2 weeks before the emergency) how long Musharraf will survive? A hotel receptionist in Musqat, Oman, asked more politely if “all is well in your country?” (one week before the emergency). In Pakistan (just days before the emergency) the question was more like “What is America planning for Pakistan?” A shop-keeper in Trondheim, Norway, asked (one day before the emergency) wondered if “Benazir will solve Pakistan’s problems?” And my driver in Cairo, Egypt, asked yesterday “Has Musharraf gone mad?”

You have to be impressed by how much ordinary people around the world know about Pakistan. But also sad that this is what they are thinking when they think Pakistan.

I do not think I have been able to respond to any of them satisfactorily. Politics in Pakistan is way too complex, even for us Pakistanis.

But to each I have said, in different ways, that the real story in Pakistan is not about Gen. Pervez Musharraf. The real story is about Pakistanis demanding democracy. The reason the general has had to use ever increasing pressure and more draconian measures is precisely because the people who want democracy are just not giving up. As we have said before, here is a democratic society trapped in an undemocratic state. This is a moment to be proud of Pakistanis. The failure here is not of Pakistan. It is of Gen. Pervez Musharraf (and he wrote his own indictment in his ‘emergency’ speech).

And this is what is most heartening. In response to a journalists question yesterday, I elaborated on something I have been saying already (here, here and here):

…this is a moment of great pride for Pakistanis. How can you not be proud of your people when ordinary citizens – lawyers, journalists, students – come out on he streets ready to be beaten up and put in jail… knowing that they will be crushed and yet demanding democracy…. this is NOT Pakistan’s failure… this is a moment of success for Pakistan’s people… the reason that the military government has been forced to apply ever greater force and every more draconian measures is simply because the democracy forces in the country (the lawyers, the students and journalists… unfortunately not the politicians as much) are simply unwilling to bow down. In the past people used to stop demanding democracy at much less pressure than this. Now they are resisting pressure and they keep demanding democracy and freedom.

Even as I travel (still on the road) and check email on unreliable connections and unfamiliar computers, I find my inbox and the comments on ATP innundated with information about what ordinary citizens are doing. This is most heartening.

The pictures say it all and I will let the pictures do the talking here. But as I look at teh pictures, some points do pop into the head about who is protesting here and who is not. Maybe our readers can comment more on this:

Note carefully who is protesting for freedom, human dignity and democracy. These are ordinary people. Lawyers. Students. Journalists.
Note carefully who they represent. These are amongst the most so-called ’secular’ and ‘liberal’ classes in society. The people who were supposed to be Gen. Musharraf natural constituency. Musharraf has lost the support of the very people who were supposed to be (but never really were) most aligned to him. [Readers, please spare us your diatribes and fatwas about what ’secular’ and ‘liberal’ means. Despite the propaganda from some, neither of those terms means anti-religious or un-Islamic… There is a huge literature on this, so please read it. But, for Allah’s sake, not on Wikipedia!!].
Note also the solidarity being shown by Pakistanis within and outside Pakistan. While there are obviously those who do support the general, the opposition to the emergency is more widespread than anything one can remember. One can scarcely think of any political act that has united our otherwise divided society they way the general opposition to the Emergency has.
More importantly, please note who is NOT in the pictures. Who is not on the streets protesting.
Political activists and political leaders are not on the streets. They make statements, but half-heartedly. This is not a movement led by politicians. In fact, it is not even clear whether the politicians are smart enough to just follow the people on the streets. Really conspicuous by their absence are the ‘political workers’. The Million who greeted Benazir, or were supposedly stopped from greeting Nawaz Sharif, or routinely come out for the MMA, are nowhere to be seen. Their leaders have failed to mobilize them, or maybe not tried to do so at all.
The one exception to the above may be Imran Khan, but I have long felt that at his core he is more of a civil society actor than a political leader in the true sense; his stance, his style, and even his vote bank seems to suggest the same.
Also conspicuous by their absence are the religious parties, the MMA. Beyond statements they do not have much to contribute here. Their words and boasts onpeople’s will and democracy are large but their actions no different from the secular parties.
Finally, and probably most importantly, missing from the streets and from protests are the religious extremists (not to be confused with the religious parties which are religious but, mostly, not extremists). The folks who were killing and terrorizing and blowing up ordinary Pakistanis in Swat, in Islamabad, and elsewhere seem not too worried about the Emergency and not to unhappy at the death of democracy. They may even like it that way. This is important because supposedly the Emergency was imposed to curtail them and their activities. However, they seem to be neither affected not interested in the Emergency or the opposition to it.

While the shape of things will obviously evolve, it does seem that a new politics is taking shape in Pakistan. A people-centered politics that might just sideline the mainstream political parties as well as the extremists. It is way too early to say that this will happen. It is quite probable that it will not. But one can certainly not be faulted for hoping that it just might

Book Review:”Punjab-Punjab Cooperation” by Zamurrad Awan

Pakistan concerns — Sat, 28 Jun 2008 07:26:33 +0000

Punjab-Punjab Cooperation

South Asian Cooperation and the Role of Punjabs

By Tridivesh Singh Maini

Siddharth Publications, New Delhi

ISBN: 81-7220-186-9

161pp. Rs 275.00

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Reviewed by Zamurrad Awan

zamurredawan@yahoo.com

M.phil, political Science dept

Government College University Lahore

…………………………………….

Regional cooperation in present world scenario is considered as an important ingredient of developmental process in a region. But a region like South Asia which shares its long history of bi-lateral disputes usually has lot of challenges for its future endeavors. In this region, the regional cooperation appeared in a form of South Asian Association of Regional Cooperation (SAARC) which was formed on the initiative of Mr. Zia-ur-Rehman in 1985. The Association consists on India, Pakistan, Nepal, Bhutan, Bangladesh, Maldives, Nepal, Sri Lanka and Afghanistan as current members but China, European Union, Iran, Japan, Unite States of America and Korea have been given a status of observers. The organization was made originally with the intention of the trade and investment promotion in the region but social and political environment does not let these objectives towards their attainment. Although the countries of this region do share a long history of its heritage, especially its member countries India and Pakistan and Bangladesh passed several years with each other so that’s why few provinces of these countries share common culture and heritage. The peculiarity of this region can surely help to enhance generally social, political and particularly economic cooperation among the countries of this region.

By giving a road map of regional cooperation the author of South Asian Cooperation, Tridivesh Singh Maini being a writer and peace activist emphasized on the contribution of East and West Punjab in the development of SAARC. Miani being a proponent of Indo-Pak healthy relations struggles to highlight the role of Punjabs in both countries for the betterment of not only the strain relations between them but also for the promotion of economic development in the region. He proves that by using the tactics of dialogue the objectives of peace and stability can easily be achieved. For this purpose in his book, after elaborating briefly the important developments in SAARC, he discusses the issues of main concern (Kashmir) in between Pakistan and India with his suggestion of economic and functional integration among countries of South Asia.

While emphasizing the effective role of Countries in regional cooperation, the author of the book skillfully highlights a strong linkage between the Punjabs of India and Pakistan as they share common culture and heritage. They make their attitudes flexible from last 5 to 6 years through the initiative of bus service from Amritsar to Lahore and after that from Amritsar to Nankana Shahab. The flexibility is more vibrant on the part of Pakistani government as they agreed to the demand of Sikh devotees to visit their shrines in West Punjab which was highly appreciated by Amarinder Singh who is a Punjab Chief Minister of east Punjab. Miani attract the reader by giving glimpse of the work of great writers, poets, professionals, saints and Sufis from East and West Punjab who worked without the boundary constraints of their countries and spread the message of peace, love, freedom and welfare, ultimately promote the Punjabiat. Baba Guru Nanak, Baba Bully Shah, Peer Waris Shah are those Punjabi poets who through poetry spread the great message of unity between both provinces. The promotion of Punjabi culture was further highlighted by the ruler Maharaja Ranjit Singh and after that generous contributor Dyal Singh Majitha and Gnaga Ram worked for the welfare in the period of pre-partition. After independence Fakhar Zaman as a chairperson of World Punjabi Congress worked for the promotion of Punjabiat in the country. NGOS with the name of Lok Sagat and Sachet Kitab Ghar further promoted the Punjabi scripts through seminars and their publications.

A smooth transition form the cultural homogeneity to the economic ground in between the West and East Punjab can be superbly identified in Miani’s book, as he after defining the strong common heritage comes to the economic field where both side Punjab can support each other through the productivity of their agriculture. In productivity, where Pakistani Punjab is best in cotton production Indian Punjab is ahead in other crops. The reasons of low production in both Punjabs are almost the same. In this regard Writer gave some recommendation to overcome the issue of production through well networking, efficient marketing system, Joint India–Pakistan Basmati Patent project, through cooperative system of Canal irrigation and last but not least through more flexible and trust worthy attitude towards not only each other but towards the other countries effort who are the part of South Asia. In this regard Miani pin point the other fields of cooperation to ensure further development in the region generally and in Punjab of both sides particularly. He very rationally consider governments, professional, common citizens, public opinion, efficient communication system, business endeavors, funding and the religious harmony as the tools of diplomacy for both Punjabs to make them close.

Miani, at the end of this book give some suggestions for the improvement of relations not only between both Punjabs but also among the South Asian countries. he recommended, free movement of people through making the visa process easy, opening up of trade routes, modernized structure of trade, improved communication facilities on national level, formation of a joint trade office at Wagah, setting up of a joint Punjab of Commerce at Wagah and politically the welcoming attitude of all countries of region towards each other.

Nonetheless, through a ground breaking research work the author visualized the vigorous picture of future in his imagination through the trust worthy cooperation and hard work among South Asian countries, which would ultimately not only boost the economic and socio-political development in both Punjabs but finally would contribute in to the development of this region.

Text of draft constitutional package, published in Daily Times, Tuesday, June 3, 2008

Pakistan concerns — Mon, 16 Jun 2008 18:26:42 +0000

Text of draft constitutional package

POINTS FOR DECISION

The provisions of the following. Articles are subject to decision after consultation with the Coalition Partners:

(1) Tenure of Judges (Article-179 and 195).

(2) Article 243 and 243A.

(3) Restoration of Judges (270CC).

(4) Validation of Ordinances

(Article 270AAA).

Note: This is not a Sacrosanct Document and can be changed or altered by Coalition Partners is the Parliament and others.

A Bill further to amend the Constitution of the Islamic Republic

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:

1. Short title and commencement.- (1) This Act may be called the Constitution (Eighteenth Amendment) Act, 2008.

(2) It shall come into force at once.

2. Amendment of Article 1 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 1, in clause (2), in paragraph (a), for the words “North West Frontier” the word “Pakhtunkhawa” shall be substituted.

3. Amendment of Article 6 of the Constitution.- In the Constitution, for Article 6, the following shall be substituted, namely:

“(1) Any person who abrogates, subverts, suspends or holds in abeyance or attempts or conspires to abrogate, subvert, suspend or hold in abeyance the Constitution by use of force or show of force or by other un-constitutional means shall be guilty of high treason.

(2) Any person aiding or abetting or any person or any court including a High Court and the Supreme Court condoning, affirming or validating the acts mentioned in clause (1) or violating oath of office specified in the Third Schedule shall likewise be guilty of high treason.

(3) Parliament shall by law provide for the punishment of person found guilty of high treason:

4. Amendment of Article 41 of the Constitution.- In the Constitution, in Article 41,-

(i) in clause (3), the words, brackets and figures “after the expiration of the term specified in clause (7)” shall be omitted; and (ii) clauses (7), (8) and (9) shall be omitted.

5. Amendment of Article 44 of the Constitution.- In the Constitution, in Article 44, for clause (2) the following shall be substituted, namcly: “(2) Notwithstanding anything contained in the Constitution a person holding the office of the President shall be eligible for re-election to that office, but no person shall hold that office for more than two terms.”.

6. Amendment of Article 45 of the Constitution.- In the Constitution, in Article 45, after the word “authority” at the end, the words “or indemnify any act whatsoever” shall be added.

7. Amendment of Article 45 of the Constitution.- In the Constitution, in Article 48, (i) in clause (1), (a) after the word “act” the words “on and” shall be inserted and after the word “Minister” at the end, the words and commas “and such advice shall be binding on him which shall be returned to the Cabinet or the Prime Minister, as the case may be, within fifteen days” shall be added; and (b) in the proviso, after the word “shall” the commas and words “within severs days” shall be inserted.

(ii) in clause (5), for the words “his discretion’.’ the words “after consultation with the Speaker of the National Assembly and the Chairman, Senate” shall be substituted and in paragraph (b) of said clause before the word “Care-taker” the word “neutral” shall be inserted; and (iii) in clause (6), for the commas and words “,the President, in his discretion, or on the advice of the Prime Minister,” the words, “Parliament in joint sitting” shall be substituted and for the word “President” occurring for the second time, the word “Parliament” shall be substituted.

8. Amendment of Article 50 of the Constitution. – In the Constitution, in Article 50, the words “the President and” shall be omitted.

9. Amendment of Article 55 of the Constitution.- In the Constitution, in Article 55, in clause (2), for the word “one-fourth” the word “one-sixth” shall be substituted.

10. Amendment of Article 58 of the Constitution.- In the Constitution, in Article 58, clause (2) and (3) shall be omitted.

11. Amendment of Article 59 of the Constitution.- In the Constitution, in Article 59, (a) in clause (1), after the word “hundred” the words “and five” shall be substituted; and (b) in paragraph (e), (d) in paragraph (i), after the word “turpitude”,. The comma and word “, unless a period of five ye ars has elapsed from the date of his dismisissal from service” shall he added; (e) in paragraph (1), after the word “turpitude”, the comma and words “, unless a period of five years has elapsed from the date of his removal or compulsory retirement from service” shall be added; (f) paragraphs (m) and (p) shall be omitted; and (g) in paragraph (r) for the semicolon and word ” ; or” a full stop shall be substituted and thereafter paragraph “(s)” shall be omitted.

14. Amendment of Article 70 of the Constitution.- In the Constitution, in Article 70,- (i) in clause (2), for the words and figure “referred to a Mediation Committee constituted under Article 71 for consideration and resolution thereon” the words “considered in joint sitting” shall be substituted; and (ii) for clause (3), the following shall be substituted, namely:- “(3) If a request is made under clause (2), the President shall summon joint sitting within thirty days; and, if the Bill is passed in the joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, it shall be presented to the President for assent.”.

15. Omission of Article 71 of the Constitution.- In the Constitution, Article 71 shall be omitted.

16. Amendment of Article 73 of the Constitution.- In the Constitution, in Article 73, in clause (1), in the proviso, for the word “seven” the word “fourteen” shall be substituted.

17. Amendment of Article 75 of the Constitution.- In the Constitution, in Article-75, in clause (1), for the word “thirty” the word “fifteen” shall be substituted.

18. Substitution of Articie 90 of the Constitution.- In the Constitution, for Article 90, the following shall be substituted, namely: “90. The Federal Government.- (1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the. Prime Minister and the Federal Ministers, which shall act through the Prime Minister who shall be the Chief Executive of the Federation. (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers.

19. Amendment of Article 91 of the Constitution.- In the Constitution, in Article 91— (i) for clauses (2), (2A). and (3), the following shall be* substituted, namely: “(2) 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. (3) 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. (4) -. The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly: Provided that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures majority of votes of the members present and voting: Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting. (5) The member elected under clause (3) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule..

20. Substitution of Article 95 of the Constitution. – In the Constitution, for Article 95, the following shall be substituted, namely: -

“95. Vote of no-confidence against the Prime: Minister: -

(1) A resolution for a vote of no-confidence moved by not less than twenty percent of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly.

(2) A resolution referred to in clause (1) shall not be moved in the

National Assembly unless, by the same resolution, the name of another memberof the Assembly is put forward as the successor.

(3) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which; such resolution is moved in the National Assembly.

(4) A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for:

grants submitted to it in the Annual Budget Statement.

(5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the President shall call upon the person named in the resolution as the successor to assume office and on his entering upon office his predecessor and the Federal Ministers and Ministers of State appointed by him shall cease to hold office.

(6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed.”

21 .Insertion of new Article 95A of the Constitution. -In the Constitution, after Article 95, the following shall- be inserted, namely:

“95A: – Federal Minister performing functions of Prime Minister: -

(1) In the event of the resignation of the Prime Minister or the office of Prime Minister becoming vacant by any reason or of his ceasing to be a member of the National Assembly, the Senior Federal Minister for the time being shall be called upon by the President to perform the functions of that office and the Federal Ministers and the Ministers of the State shall continuein office until a new Prime Minister has entered upon his office.”

(2) If the National Assembly is in session at the time,when the office of Prime Minister becomes vacant, the Assembly shall forthwith proceed to ascertain as to which member of the Assembly commands the confidence of majority of the members and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the office becoming vacant to ascertain as to which member of the Assembly commands the confidence of the majority of the members.

(3) When the Prime Minister, by reason of absence from. Pakistan or any other cause, is unable to perform his functions, the Senior Federal Minister for the time being shall perform the functions of Prime Minister until the Prime Minister returns to Pakistan or, as the case may be, resumes his functions.

(4) In this Article, “Senior Fedei-,l Minister” means the Federal Minister for the time being designated as such by the Prime Minister.

22. Insertion of new Article 99 of the Constitution. – In the Constitution, in Article 99, -

(i) in clause (2), for the word “President” occurring for the first time, the words “Federal Government” shall be substituted; and

(ii) in clause(3),for the word “President” the words” Federal Government” shall be substituted.

23. Amendment of Article 100 of the Constitution. – In the Constitution, in Article 100, for the word “President” wherever occurs, the words “Federal Government” shall be substituted.

24. Amendment of Article 101 of the Constitution. – In the Constitution, in Article 101, in clause (1), for the words “after consultation with the Prime Minister” the words “from the respective Province” shall be substituted.

25. Amendment of Article 104 of the Constitution. – In the Constitition, in Article 104, after the word “cause” the words “the President may direct the Speaker of the Provincial Assembly to act as Governor and in case the Speaker, is not available” shall be inserted.

26. Amendment of Article 105 of the Constitution. – In the Constitution, in Article 105,-

(i) in clause(1)-,

(a) after the word “act” the words “on and” shall be inserted and after the word “Minister” at the end, the words and commas “and such advice shall be binding on him which shall be returned to the Cabinet or the Chief Minister, as the case may be, within fifteen days” shall be added; and

(b) in the proviso after the word “shall” the commas and the words “,within seven days,” shall be inserted.

(ii) clause (4) shall be omitted.

27. Amendment of Article 112 of the Constitution. – In the Constitution, in Article 112, – in clause (1),-

(a) in the Explanation, the words, brackets and figures “or who is continuing in office by virtue of clause (2) of Article 134 or a Provincial Minister performing the functions of Chief Minister under clause (l) or clause (3) of Article 135″ shall be omitted; and

(b) Clauses (2) and (3) shall be omitted.

28. Amendment: of Article 116 of the Constitution. – in the Constitution, in Article 116, in clause (2), for the word “thirty” the word “fifteen” shall be substituted.

(29) Amendment of Article 129 of the Constitution. – In the Constitution, for Article 129, the following shall be substituted, namely: -

“129. The Provincial Government. -(1) Subject to the Constitution,the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the. Chief Minister who shall be the Chief Executive of the Province.

(2) In the performance of his functions under the. Constitution, the Chief Minister may, act either directly or through the Provincial Ministers.”

30. Amendment of Article 130 of the Constitution. – In the Constitution, in Article 130, for clauses (2), (2a) and (3), the following shall be substituted, namely :-

(2) The Provincial 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 Governor.

(3) After the election of the Speaker, and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister,

(4) The Chief Minister shall be elected by the votes of the majority or the total membership of the Provincial Assembly:

Provided that, if no member secures such majority in the first poll, a second pall shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister.

Provided further that, if the number of votes Secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.

(5) The member elected under clause (3) shall be called upon by the Governor to assume the office of Chief Minister and he shall before entering upon the office make before the Governor oath in the form set out in the Third Schedule.

31. Insertion of new Article 133A of the Constitution. – In the Constitution after clause 133, the following shall be substituted, namely:-

“133A. Provincial Minister performing functions of Chief Minister.” – (1) In the event of the resignation of the Chief Minister or the office of Chief Minister becoming vacant by any other reason including his ceasing to be a member of the Provincial Assembly, the Senior Provincial Minister for the time being shall be called upon by the Governor to perform the functions of that office and the Provincial Ministers shall continue in office until a new Chief Minister has entered upon his office. (2) If the provincial Assembly is in session at the time when the office of Chief Minister becomes vacant, the Assembly shall forthwith proceed to ascertain which one of the members commands the confidence of the majority of members, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the office becoming vacant to ascertain as to which members of the Assembly comments the confidence of the majority of the members. (3) When the Chief Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the Senior Provincial Minister for the time being shall perform the functions of Chief Minister until the Chief Minster returns to Pakistan or, as the case may be, resumes his functions. (4) In this Article, “Senior Provincial Minister” means the Provincial Minister for the time being designated as such by the Chief Minister.

32. Amendment of Article 136 of the Constitution. – In the Constitution, in Article 136, for clauses (2) and (3), the following shall be substituted, namely: -

“(2) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor. (3) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly. (4) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while the Provincial Assembly is considering demands for grants submitted to it in the Annual Budget Statement. (5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Governor shall call upon the person named in. the resolution as the successor to assume office and on his entering upon office his predecessor and the Provincial Ministers appointed by him shall cease to hold office. (6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed.”.

33. Substitution of Article 139 of the Constitution.- In the Constitution; in Article 139, (i) in clause (2), for the word “Governor” occurring for the first time, the words “Provincial Government’ shall be substituted; and in clause (3), for the word “Governor” the words “Provincial Government” shall be substituted.

34. Amendment of Article 153 of the Constitution. – In the Constitution, in article 153,-

(i) for clause (2), the following shall be substituted, namely: -

“(2) The members of the Council shall be-

(a) Prime Minister who shall be Chairman of the Council, (b) the Chief Ministers of the Provinces, (c) Leader of the House and Leader of the Opposition in the Senate, (d) Leader of Opposition in the National Assembly, and (e) two members from Federal Government to be nominated by the Prime Minister and one member each from Provincial Government to be nominated by the Chief Minister.

(ii) for clauses (3) and (4) the following shall be substituted, namely: -

“(3) The meetings of the Council shall be summoned by the Chairman or on requisition made by one-half members of the Council. (4) The Council shall meet at least twice in a year and the quorum for meeting of the Council shall be one-half of the members.

(iii) after clauses (3) and (4) substituted as aforesaid, the clause new clause shall be added, namely:

“(5) The Council shall be responsible to the Parliament and shall submit reports of its meetings to each House for discussions and recommendations, if any.”

35. Amendment of Article 156 of the Constitution. – In the Constitution Article 156,-

(i) for clause (1), the following shall be substituted, iiamciy:

(i) for clause (1), the following shall be substituted, namely:-

“(1) The President shall Constitute National Economic Council consisting of the following members, namely: -

(a) Prime Minister who shall be Chairman of the Council, (b) the Chief Ministers of the Provinces, and (c) two members from Federal Government to be nominated by the Prime Minister and one member each from Provincial Government to be nominated by the Chief Minister.

(ii) after clause (1), substituted as aforesaid, the following new clauses shall be added, namely: -

“(1A) The meetings of the Council shall be summoned by the Chairman or on requisition made by one-half members of the Council. (1B) The Council shall meet at least twice in a year and the quorum for meeting of the Council shall be one-half of the members.”,

(iii) after clause (2), the following new clause shall be added, namely: -

“(3) The Council shall be responsible to the Parliament and shall submit reports of its meetings to each House for discussion and recommendations, if any.”.

36. Amendment of Article 160 of the Constitution. – In the Constitution, in Article 160, for the words “five years” the words “three years” shall be substituted.

37. Amendment of the Article 175 of the Constitution. – In the Constitution, in Article 175,-

(i) in clause (1), after the word “Province” the words and comma “and a High Court for the Islamabad Capital Territory” shall be inserted; and

(ii) after clause (3), the following new clause shall be added, namely: -

“(4) No Court including the Supreme Court or a High Court shall have jurisdiction to validate any extra-constitutional measure or takeover by use of force or show of force or by other unconstitutional means as envisaged by Article 6.”.

38. Amendment of Article 177 of the Constitution. – In the Constitution, after Article 177, in clause (1), for the words “after consultation with the Chief Justice” the words, figure and letter “in the manner provided in Article 177A” shall be substituted.

39. Insertion of a new Article in the Constitution. – In the Constitution, after Article 177, the following new Article shall be inserted, namely: -

“177A Procedure for appointment of Supreme Court Judges –

(1) There shall be a Commission for the appointment of Chief Justice of Pakistan and other Judges of Supreme Court which shall consist of the following members, namely:-

(a) Chief Justice of Pakistan who shall be the Chairman of the Commission;

(b) All Chief Justices of the Provincial High Courts and Chief Justice of Islamabad High Court failing which the senior most Judge of the respective High Court ; and

(c) Federal Minster for Law and Justice.

Explaination. – For the purpose of this clause, the inert se seniority of the Judges of the respective High Courts shall be determined with reference to their dates of appointment as Judges, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

40. Substitution of Article 179 of the Constitution.- In the Constitution, for Article 179, the following shall he substituted, namely:

“179. Retiring age – (1) Subject to clause (2), a Judge of the Supreme Court shall hold office until he attains the age of sixty-eight years unless he sooner resigns or is removed from office in accordance with the Constitution.

(2) The Chief Justice of the Supreme Court whether appointed before or after the commencement of the Constitution (Eighteenth Amendment) Act, 2008 shall unless he sooner attains the of sixty-eight years shall hold office for a term of ……… year and shall thereafter have the option either –

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-eight years; or

(b) to assume the office of the Judge of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

A person who has once, held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.”

41. Amendment of Article 181 of the Constitution.- In the Constitution, in Article 181,-

(i) in clause (1), the Explanation shall be omitted; and

(ii) for clause (2), the following shall be substituted, namely:-

“(2) The appointment under this Article shall continue in force for a period not exceeding one year unless it is earlier revoked by the President.”

42. Amendment of Article 182 of the Constitution.- In the Constitution, in Article 182, for the, words “for such period as may be necessary” the words “for a period not exceeding one year” shall be substituted.

43. Amendment of Article 183 of the Constitution.- In the Constitution, in Article 183,-

(i) in clause (1), the commas, words and brackets “, subject to clause (3),” shall be omitted; and

(ii) clause (3) shall be omitted.

44. Amendment of Article 184 of the Constitution.- In the Constitution, in Article 184,-

(i) in cause (3), for the words “public importance” the words “general public importance” shall be substituted and for the words “the nature” the words “declaratory nature” shall be substituted; and

(ii) after clause (3), amended as aforesaid, the following new clause shall be added, namely:-

“(4) An application made under clause (3) shall be heard by a Bench comprising not less than five Judges to be constituted by the Chief Justice of Pakistan in consultation with two most senior Judges of the Supreme Court.”

45. Amendment of Article 185 of the Constitution.- In the Constitution, in Article 185, in clause (2),-

(a) in paragraph (a), the words “or to transportation for life” shall be omitted; and

(b) in paragraph (d), for the words “fifty thousand” the words “one million” shall be substituted.

46. Amendment of Article 192 of the Constitution.- In the Constitution, in Article 192, after clause (1), the following new clause shall be inserted, namely:-

“(1 A) There shall be reserved in each High Court upto ten percent seats for, women and at least thirty percent seats for persons, from the judiciary.”

47. Amendment of Article 193 of the Constitution.- In the Constitution, in Article 193, for clause (1), the following shall be substituted, namely:-

“(1) The Chief Justice of a High Court and each of the other Judges shall be appointed by the President in the manner provided in Article 193A.”

48. Insertion of new Article in the Constitution.- In the Constitution, after Article 193, the following new Article shall be inserted, namely:-

“193A. Procedure for appointment of High Court Judges.- (1) There shall be a Commission for the appointment of Chief Justice of a High Court and other Judges of a High Court which shall consist of the following members, namely:-

(a) Chief Justice of Pakistan who shall be Chairman of the Commission;

(b) Chief Justice of the High Court, failing which the senior most Judge of the respective High Court;

(c) Federal Minister for 4avu and Justice; and

(d) Provincial Law Minister of the respective Province.

Explanation.- For the purpose of this clause, the inter se seniority of a Judge of the respective High court shall be determined with reference to his date of appointment as Judge.

(2) In case of appointment of Chief Justice of a High Court Federal Minister for Law and Justice shall be the Chairman of the Commission.

(3) The Commission shall forward a panel of two names for each vacancy of a Judge to the Chief Minister, who shall forward one name to Joint Parliamentary Committee for confirmation through a transparent process.

(4) The Parliamentary Committee referred to in Clause (3) shall consist of three members from the treasury benches and three from Opposition in the Provincial Assembly to be nominated by the Leader of the House and the Leader of the Opposition, respectively.”

49. Amendment of Article 194 of the Constitution. -In the Constitution, in Article 194, for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:-

“Provided that in case of Chief Justice of the Islamabad High Court, the oath shall be made before the President or a person nominated by him.”

50. Substitution of 195 of the Constitution.- In the Constitution, for Article 195, the following shall be substituted, namely,

“195. Retiring age.- (1) Subject to clause (2), a Judge of a High Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution;

(2) The Chief Justice of a High Court whether appointed before or after the commencement of the Constitution (Eighteenth Amendment) Act, 2008 shall unless he sooner attains the age of sixty-five years, hold office for a term of … years and shall have option either-

(b) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(c) to assume the office of the Judge of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shall not again be appointed to be Chief Justice of that High Court.”

51. Amendment of Article 196 of the Constitution.- In the Constitution, in Article 196, for the word “one” the words “the most senior” shall be substituted and the commas and words “, or may request one of the judges of the Supreme Court,” shall be omitted.

52. Amendment of Article 197 of the Constitution.- In the Constitution, in Article 197, in paragraph (c), the word and commas “as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law” the words “not exceeding one year” shall be substituted.

53. Amendment of Article 198 of the Constitution.- In the Constitution, in Article 198, after clause (1), the following new clause shall be inserted, namely:-

(a) “(1A) The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.

(b) In clause (3), for the words “at Sukkur” the words and comma “each at Sukkur, Hyderabad and Larkana” shall be substituted.

(c) In clause (4), the word “in consultation with” shall be omitted.”

54. Amendment of Article 203B of the Constitution.- In the Constitution, in Article 203B, in paragraph (c), for the words and comma “or, until the expiration of ten years from the commencement of this Chapter” the word “and” shall be substituted.

55. Amendment of Article 207 of the Constitution.- In the Constitution, in Article 207, for clause (2), the following shall be substituted, namely:-

“(2) A person who has held office as a Judge of the Supreme Court or a High Court shall not hold any office of profit in the service of Pakistan, before expiration of two years after he has ceased to hold that office.”

56. Amendment of Article 208 of the Constitution. – In the Constitution, in Article 208, for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:

” Provided that in case of the High Court for Islamabad Capital Territory the rules may be made with the approval of the President.

57. Substitution of Article 209 of the Constitution. – In the Constitution, for Article 209, the following shall be substituted, namely:

“209 Judicial Commission of Pakistan.- (1) There shall be a Judicial Commission of Pakistan, in this Chapter referred to as the Commission.

(2) The Commission shall consist of the following members, namely:-

(i) Non-politicised retired Chief Justice of Pakistan who shall be the Chairman of the Commission

(ii) Non-politicised two retired Judges of Supreme Court; and

(iii) Non-politicised retired Judge of each High Court

(3) The members of the Commission shall be appointed by the President on terms and conditions to be determined by the Federal Government.

(4) If at any time the Commission is inquiring into the capacity or conduct of a Judge and a member of the Commission is absent or is unable to act due to illness or any other cause then another non-politicised retired Judge of the Supreme Court or, as the case may be, of High Court shall be appointed as a member of the Commission in his place.

(5) If upon any matter inquired into by the Commission there is a difference of opinion amongst its members the opinion of the majority shall prevail and the report of the Commission to the President shall be expressed in terms of the view of the majority.

Provided that in the event of the votes being equally divided the Chairman shall have a casting vote.

(6) On information received from any source, the President or the Chairman and two other members who are retired Judges of the Supreme Court if so recommend or on the requisition of not less than one-fourth of the total membership of the Commission, the Chairman of the Commission shall within thirty days place the information or requisition before the Commission and the Commission shall enquire into and finalise the enquiry within ninety days as to whether Judge of the Supreme Court or High Court – (a) has become incapable of properly performing the duties of his office by reason of his physical or mental incapacity, or (b) has been guilty of misconduct Explanation.- Where information is against the Chief Justice of Pakistan, the recommendation, if any, shall be made by two members who are retired Judges of the Supreme Court. (7) After finalising the enquiry, the Commission shall send its report to the President and if the Commission is of the opinion that the Judge has become incapable of performing the duties of his office or has been guilty of misconduct, the President shall forthwith remove the Judge from the office. (8) If at any time the Commission is enquiring into the capacity of or conduct of the Chief Justice of Pakistan or a Chief Justice of High Court or a Judge of the Supreme Court or of a High Court, the President shall by order in writing require such Chief Justice or a Judge to proceed on leave from such date and for such period as may be specified in the order. (9) The Commission shall have the power to regulate its own procedure and have powers of a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), including the power of – (a) enforcing the attendance of any person and examination him on oath; (b) compelling the production of documents; and (c) issuing Commission for the examination of witnesses and documents (10) The Chairman of the Commission shall summon the meetings of the Commission. (11) A meeting may also be requisitioned by not less than one-fourth of the total members of the Commission. (12) The quorum for the meetings of the Commission shall not be less than five members of the Commission. (13) No proceedings of the Commission or any report submitted by it shall be void because of any vacancy or vacancies in the membership of the Commission. (14) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article. (15) The Commission shall make Code of Conduct to be observed by the Judges of the Supreme Court and the High Courts. (16) If the Commission after inquiry is of the opinion that the information given by the informant is false, the Commission may after affording opportunity of hearing to such person punish him upto one year or fine or with both and such punishment shall be executed as if awarded by a Court. Explanation – In this Article and Article 209A, the expression “Judge” includes the Chief Justice of Pakistan or Chief Justice of a High Court. 58. Insertion of new Article in the Constitution. – In the Constitution, after Article 209, the following new Article shall be inserted, namely: “209 A. Appeal against the decision under Article 209. – A Judge or an informer aggrieved by a decision under Article 209 may file appeal against such decision within thirty days to the Supreme Court which shall be heard by a Bench of not less than nine Judges and the Supreme Court shall decide the appeal within thirty days.” 59. Amendment of Article 213 of the Constitution. – In the Constitution, in Article 213, – (i) for clause (1), for the following shall be substituted, namely: “(1) There shall be Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President in the following manner, namely: (a) The Prime Minister in consultation with the Leader of the Opposition in the National Assembly shall forward two names to Joint Parliamentary Committee for confirmation of any one name; (b) The Joint Parliamentary Committee shall comprise of three members from the treasury benches and two from Opposition in the National Assembly to be nominated by the Leader of the House and the Leader of the Opposition, respectively and one member from the Senate to be nominated by the Leader of the Opposition; (c) In case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate list of the requisite persons mentioned above to the Joint Parliamentary Committee for consideration which may confirm any one name.”; (ii) in clause (3), for the word “law” the words by Act of Parliament” shall be substituted. 60. Amendment of Article 215 of the Constitution. – In the Constitution, in Article 215, in clause (1), in the proviso, for the words “National Assembly” the words “Parliament in Joint Sitting” shall be substituted. 61. Amendment of Article 218 of the Constitution. – In the Constitution, in Article 218, in clause (2), for paragraph (b), the following shall be substituted, namely:– “(b) Five members, each of whom is or has been a Judge of a High Court of respective Province and Islamabad Capital Territory appointed by the President in the manner provided in clause (1) of Article 213.” 62. Amendment of Article 219 of the Constitution. – In the Constitution, in Article 219 and in the marginal note for the word “Commissioner” the word “Commission” shall be substituted. 63. Amendment of Article 221 of the Constitution. – In the Constitution, in Article 221, for the word “Commissioner” occurring for the first and second rime the words “Election Commission” shall be substituted and the words “Commissioner or an” shall be omitted. 64. Amendment of Article 224 of the Constitution. – In the Constitution, in Article 224, – (i) in clause (1), in the proviso, – (a) for the word “his discretion” the words “consultation with Speaker of the Provincial Assembly” shall be substituted; (b) for the words “his discretion” the words “consultation with Speaker of the Provincial Assembly” shall be substituted; (c) before the word “Care-taker” the word “neutral” shall be inserted; and (ii) in clause (7), after the words “Prime Minister” the words “and Federal Ministers” shall be inserted and after the words “Chief Minister” the words “and Provincial Ministers” shall be inserted. 65. Amendment of Article 243 of the Constitution. – In the Constitution, in Article 243, – (i) in clause (3), the commas and words “, in consultation with the Prime Minister,” shall be omitted; and (ii) after clause (3) amended as aforesaid, the following new clause shall be added, namely: – “(4) For the purposes of paragraphs (b), (c) and (d) of clause (3), the sitting Chief will give panel of three names in order of priority to the President who will choose one of them for appointment”. 66. Insertion of new Article in the Constitution. – In the Constitution, after Article 243, the following new Article shall be inserted, namely” – “243A. Declaration of war.– Notwithstanding anything contained in the Constitution or any other law for the time being in force, no person or authority shall declare war or use Armed Forces against any foreign Government or country without prior approval of the Prime Minister or the Cabinet”. 67. Amendment of Article 247 of the Constitution.– In the Constitution, in Article 247, – (i) clauses (3) and (4) shall be omitted; (ii) in clause (5), for the word “President” occurring thrice, the words “Federal Government” shall be substituted. (iii) in clause (6), for the word “President” occurring thrice, the words “Federal Government” shall be substituted. 68. Amendment of Article 255 of the Constitution.– In the Constitution, in Article 255, after clause (3), the following new clause shall be added, namely:– “(4) A Judge of the Supreme Court, a High Court or the Federal Shariat Court who makes oath other than that prescribed in the Third Schedule, shall cease to be a Judge of the Supreme Court or a High Court, or the Federal Shariat Court, as the case may be. Explanation, – For the purposes of this clause the expression “Judge” includes the Chief Justice of Supreme Court, Chief Justice of a High Court and the Chief Justice of Federal Shariat Court”. 69. Amendment of Article 260 of the Constitution.- In the Constitution, in Article 260, in clause (1), after the expression “clause” the expression “consultation” and the entries relating thereto shall be omitted. 70. Amendment of Article 267 of the Constitution. – In the Constitution, in Article 260, in clause (1), —- (i) the words “before the commencing day or” shall be omitted and for the words “commencing day” the words, brackets, comma and figure “commencement of the Constitution (Eighteenth Amendment) Act, 2008″ shall be substituted; and (ii) for the word “Constitution” occurring twice, the words, brackets, comma and figure “Constitution (Eighteenth Amendment) Act, 2008″ shall be substituted. 71. Amendment of Article 268 of the Constitution. – In the Constitution, in Article 268, clause (2) shall be omitted. 72. Amendment of Article 270A of the Constitution. – In the Constitution, in Article 270A,- (i) in clause (1), the commas, words and figures “, under which in consequence of the result of the referendum held on the nineteenth day of December, 1984, General Muhammad Zia-ul-Haq became the President of Pakistan on the day of first meeting of Majlis-e-Shoora (Parliament)” in joint sitting for the term specified in clause (7) of Article 41″ shall be omitted; and (ii) clause (6) shall be omitted. 73. Insertion of new Article 270AAA in the Constitution. – In the Constitution, after Article 270AA the following new Article shall be inserted, namely:- “270AAA. Validation of Ordinances etc.- (1) The Islamabad High Court (Establishment) Order, 2007 (P.O. No. 7 of 2007) and the Ordinance, except those specified in the Sixth Schedule, made between the 12th day of July, 2007 and the 15th day of December, 2007 (both days inclusive) and actions taken thereunder shall be deemed to have been validly made and taken by the competent authority notwithstanding the expiry of period of four months specified in Article 89 and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever. (2) The Islamabad High Court (Establishment) Order, 2007 (P.O. No. 7 of 2007) and the Ordinances, except those specified in the Sixth Schedule, in force between the 12th day of July, 2007 and the 15th day of December, 2007 (both days inclusive) shall continue in force until altered, repealed or amended by the appropriate legislature. 74. Insertion of new Article 270BB in the Constitution. – In the Constitution, after Article 270B, the following new Article shall be inserted, namely:- “270BB. General Elections 2008 to be deemed held under the Constitution.- Notwithstanding anything contained in the Constitution or any other law for the time being in force, the General Elections 2008 held on the 18th day of February, 2008, to the National Assembly and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly and shall not be called in question in any court of forum including the Supreme Court oil any ground whatsoever.” 75. Insertion of new Article in the Constitution. – In the Constitution, after Article 270C, the following new Article shall be inserted, namely:- “270CC. Restoration of Superior Court Judges.- Notwithstanding anything contained any provision of the Constitution, the Oath of Office (Judges) Order, 2007, the High Court Judges (Pensionary Benefits) Order, 2007 (P.O.No. 8 of 2007), the Supreme Court Judges (Pensionary Benefits) Order, 2007 (P.O.No. 9 of 2007) and any other law for the time being in force or judgment of any Court including a High Court and the Supreme Court, the Judges of Supreme Court and High Courts including the Chief Justice of Supreme Court and Chief Justices of High Courts who had ceased to continue to hold office in pursuance of the Oath of Office (Judges) Order, 2007, dated the 3rd day of November, 2007, shall stand reinstated/restored to the position and seniority they were holding on the 2nd day of November, 2007. Provided that a Judge shall not stand reinstated/restored who has already retired on attaining the age of superannuation or a Judge who has joined Federal or Provincial Government service or a post under any authority, corporation, body or organization established by or under a federal law, provincial law or which is owned or controlled by the Federal Government or a Provincial Government or in which the Federal Government or a Provincial Government has a controlling share or interest, provided that such Judge shall be entitled to pensionary benefits in accordance with law. 76. Amendment of Third Schedule of the Constitution. – In the Constitution, in the Third Schedule, in the Form of oath prescribed for Members of the Armed Forces, after the world “uphold” the words “and shall not abrogate, subvert, suspend or hold in abeyance or attempt or conspire to abrogate, subvert, suspend or hold in abeyance” shall be inserted. 77. Amendment of the Fourth Schedule to the Constitution. – In the Constitution, in the Fourth Schedule, in the Concurrent List entries 6, 11, 19, 21, 23, 25, 33, 37, 41 and 43A shall be omitted. 78. Substitution of Sixth Schedule of the Constitution. – In the Constitution, for the Sixth Schedule, the following shall be substituted, namely;:- “SIXTH SCHEDULE [See Article 270AAA] 1. The National Commission for Human Development (Amendment) Ordinance, 2007 (XXXVII of 2007). 2. The Police Order (Amendment) Ordinance, 2007 (XLI of 2007). 3. The Press, Newspapers, News Agencies and Books Registration (amendment) Ordinance, 2007 (LXIV of 2007). 4. The Pakistan Electronic Media Regulatory Authority (Third Amendment) Ordinance, 2007 (LXV of 2007). 5. The Pakistan Army (Amendment) Ordinance, 2007 (LXVI of 2007). 6. The Legal Practitioners and Bar Councils (Amendment) Ordinance, 2007 (LXIX of 2007).”. 79. Omission of Seventh Schedule of the Constitution. – In the Constitution, the Seventh Schedule shall be omitted. 80. General amendment of the Constitution. – In the Constitution, for the words and brackets “Majlis-e-Shoora (Parliament)”, wherever occurring, the word “Parliament” shall be substituted. STATEMENT OF OBJECTS AND REASONS Through extra-constitutional deviation, the Constitution of the Islamic Republic of Pakistan had undergone substantial changes, adversely affecting parliamentary system envisaged by it. Substantial amendments have been made to restore its parliamentary character and also ensure independence of the judiciary. 2. The Bill seeks to achieve the aforesaid objects. (FAROOQ H. NAIK) Minister for Law, Justice, Parliamentary Affairs and Human Rights Minister-In-Charge

Post-Election Scenario of Pakistani Politics by Zamurrad Awan & Yawar Hayat Shah

Pakistan concerns — Fri, 13 Jun 2008 12:49:53 +0000

Post-Election Scenario of Pakistani Politics

The result of polls held on February 18, 2008, has spoken unambiguously the will of the people of Pakistan, in favor of two main stream parties the Pakistan Muslim League and the Pakistan Peoples Party. Theses two parties cherished majority votes in National Assembly as well as in four provincial assemblies. The mainstream parties, PPP and PML (N) along with Pakistan National Alliance joined their hands for a new coalition government. No doubt these parties have their own agendas and manifestos but they united on a single platform in the interest of the whole nation. In the politics of reconciliation for the broader interest of the country, the MQM was also requested to work as coalition partner in the new set up, which was after few deliberations was to be accepted despite of the past rivalries between the PPP and MQM as there is no permanent friend and foe in politics.

The unexpected results of these elections further veil out the fake policies of previous government who left the sever challenges for the new government. The consequences of these policies came out in the form of inflation, whole day black out, suicide bombing, cut back on jobs and last but not the least a national staple from the market. Along with these problems, the demand by ‘pro-active’ lawyers for restoration of judiciary further confronted the situation. The prevailed unrest in country immediately demanded from a democratically elected government with the smooth transfer of power and, no doubt the winning parties tried to make a new set up accordingly. However, the reconciliatory approach of winning parties could not come out with the expected results and the unpleasant events kept on diverting the attentions of new government along with the public. The most objectionable event was the harassment of prominent members of Pakistani Muslim League (Q), former Chief Minister Sindh, Mr Ghulam Arbab Raheem in the Sindh Assembly session, when an angry mob of activists encircled him and hurled abuses on him. Meanwhile one man hit Arbab’s face with a shoe where as other workers did try to hit him with fists and shoes. Similarly, Former Minister of Parliamentary affairs Dr Sher Afgan Niazi was swooped down by the mob apparently showing themselves lawyers, when he was brought out of his advocate office under the secuity of police to rescue. The series of such events was an organized afford from the people who wanted to snuff out democracy.

The former government left the Pakistan’s economy in a quagmire. The socio-economic condition of Pakistan is becoming intense day by day; therefore the state appears rudderless, even in the presence of two major political parties together with their allies in government. From its day first the new government is handicapped by the lawyers’ movement for restoration of judges. The PML (N) included in its manifesto for elections, the restoration of judges the key point, however, thought PPP was in favor of independent judiciary but they did not make any commitment to the people regarding this issue. It’s an ultimate reality that both parties are agreed on the restoration of judges however, the difference is just only on the method of re-instatement of judges. PPP wants a restoration through a constitutional package, conversely PML(N) want the restoration of judiciary first without the compulsion of constitutional package at the same time. Consequently, the most awaited talks between the head of ruling parties ended up on a sad note on 12^{th May, when PML(N) head Nawaz Sharif decided to quit from the Federal cabinet as he could make his promise to restore judges in the confined time period. While talking to the Press conference, he said that his party would not become a part of any conspiracy against the democratic government and would not strengthen the President Musharraf camp. He further insisted that his party is still in coalition with PPP and would support the government according to the Charter of Democracy.}

To get rid of all evils of the former government, newly elected Prime Minster Syed Yousaf Raza Gillani declared a 100 days package after getting the unanimous vote of confidence from the National Assembly. The judicial crisis has crippled the whole governmental machinery. Lawyers have become a pressure group. They have become an obstacle on the way of resolution of other issues which are directly related to the common masses. The restoration of judiciary is a constitutional matter and it will be resolved constitutionally. As Co-chairperson of PPP Asif Ali Zardari has stated that he would not amend an illegal act by another illegal step. PML (N) and lawyers’ community should wait for some time for the restoration of the judiciary. Now lawyers have called for the Long March. That will be the first step of agitation against the newly born government. Though it’s their democratic right but matters should be resolved amicably. On the other hand there is no clear demarcation of powers and authority between the President and the Prime Minister. According to the 1973 constitution, the form of government is parliamentary, however, the tempering with the constitution by the presidency along with his ally parties, the presidential system is working in the country. Where all the powers reside in the office of president, who has already generated strained relations among the institutions. There is no system of checks and balances; consequently, the political system of Pakistan lacks the doctrine of separation of powers. Due to this deficiency the political system is in mayhem. Therefore, the public have serious resentment against the president Musharaff, who despite of the defeat of his ally party PML (Q) in general elections, is not ready to resign.

While keeping in view socio-political vulnerability along with economic deficits of the country, now people are desirous to hear the debate of Finance Minister while presenting the annual budget for the fiscal year of 2008-09. There is a ray of hope; people think that they will get some relief in the upcoming budget as government is saying again and again that next budget will be the people friendly budget. At this point of time people are more concerned about the wheat crisis, energy shortage, increasing inflation and unemployment. The people of Pakistan are desperate and hopeless because of the situation emerging in the country. This situation is resulted in frustration among youth who are the real builders of future. After passing a long journey of education they can not get suitable jobs according to their academic qualifications. Whole system is victim of the corruption, nepotism, red tapism and bribery. Many qualified but poor youngsters have been deprived from their right to job, as the jobs are given to the sons, nephews and relatives of the powerful people. The current situation of Pakistan is same as Thomas Hobbes’ state of nature. Where people were living under the principle of ‘Might is Right’ and there was a ‘perpetual war of everyone against everyone’. The need of hour seeks serious action to tackle immediate issues, which the country is facing. Though the institutional independence is significantly an important demand to deal with, however, there are so many other issues related to the common man of the country, which should be resolve first.

Zamurrad Awan & Yawar Hayat Shah

e.mail:zamurredawan@yahoo.com