Daily Times editorial April 4, 2010

Bill of hope

The travails of democracy received an encouraging turnaround with the tabling of the 18th Amendment Bill in parliament the other day. The Parliamentary Committee on Constitutional Reforms steered by Senator Raza Rabbani spent 385 hours stretching over 77 meetings since it was set up in June last year deliberating the constitution clause by clause. A marathon labour indeed. Their recommendations as reflected in the consensus on the bill will hit 100 Articles. The essential thrust of all these changes is to repeal the distortions introduced by military dictators, return power to parliament and the prime minister where it rightfully belongs in a parliamentary democracy, and block the way for future adventurers and coup makers. Article 6, which defines high treason, will now include strictures against anyone justifying a military takeover, including the judiciary. The infamous Article 58(2)(b) introduced by hated dictator Ziaul Haq via the 8th Amendment stands done away with. The power to dissolve the assemblies will now rest with the leader of the house, as it should, unless a vote of confidence is passed against the incumbent, in which case the President (or the Governors in the provinces) will dissolve. Caretaker prime ministers and chief ministers will be appointed with the consultation of the outgoing treasury and opposition. Cabinets will be restricted in size to 11 percent of the size of the assembly. Local governments will achieve constitutional cover, despite the abolition of Schedules six and seven, under which the 17th Amendment had placed them. The Council of Common Interests, now to be headed by the prime minister, has been rescued from the morbidity to which it had been confined. Chief Election Commissioners will be appointed through consultation between the treasury and the opposition. The procedure for appointment of superior court judges has been broadened, institutionalised, and made transparent. With the abolition of the Concurrent List, the provinces will be further empowered. NWFP can celebrate its new name, Khyber-Pakhtunkhwa. Last but mot least, free compulsory education for children between the ages of five and 16 has finally arrived, at least at the legislative level.
Wit the strengthening of parliament, the provinces, local governments, dispute resolution amongst the provinces and with the centre, transparent appointments of chief election commissioners and the superior judiciary, the citizens of Pakistan can draw a sigh of relief and feel justly proud of the consensus-building inherent capability of a democracy, the odd hiccup notwithstanding. This is an all too rare moment to celebrate in our national life, and it would be best to let bygones be bygones and not labour the respective contributions (negative and positive) of all the parties to this historic compact.
No doubt the consensus was not easily achieved, and even after it was conceded, at least 11 dissenting notes have been recorded, although the dissenters mercifully agreed to let the Amendment Bill go through.
Hopefully the bill will now have a relatively smooth passage through parliament and pass onto the statute books without any unnecessary delay. Pakistan will then have truly turned a corner from a sorry history of military dictatorship and authoritarian dispensations to proudly take its place in the panoply of democratic countries. Today, Pakistanis can hold their head up high and remember the sacrifices rendered by successive generations to let the light of representative, civilian democratic governance shine through.