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Political Parties in Pakistan; A Long Way Ahead

This document discusses political parties in Pakistan and the need for reforms. It notes that while democracy has increased globally over the past few decades, confidence in political parties is declining. In Pakistan specifically, voter turnout has dropped by 21.6% between 1970 and 2002 elections. Political parties have only been in power democratically for 27 of Pakistan's 57 years, and the frequent dismissal of governments and legislatures by military regimes has denied political parties the space to develop. The document calls for reforms at the state, party, and civil society levels to strengthen political parties and democratic governance in Pakistan.

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Political Parties in Pakistan A LONG WAY AHEAD "A country does not have to be judged fit for democracy; rather it has to become fit through democracy." Nobel Laureate Amartya Sen THE NETWORK PUBLICATIONS
Title: Political Parties in Pakistan: A Long Way Ahead Author: Nazeer Ahmad All rights reserved. Any part of this publication may be reproduced or translated by duly acknowledging the source. First published August 2004 ISBN 969-8807-05-5 Acknowledgement This publication was made possible with support provided by The Asia Foundation and the U.S. Agency for International Development. The opinions expressed here are those of the author(s) and do not necessarily reflect the views of The Asia Foundation or the U.S. Agency for International Development. Cover designed by Abdul Hameed Layout by Madiha Sandhu Printed in Pakistan by Khursheed Printing Company Limited Zero Point, Islamabad Published by Centre for Democratic Governance The Network for Consumer Protection 40-A Ramzan Plaza, G-9 Markaz, Islamabad, PAKISTAN e-mail: cdg@thenetwork.org.pk websites: www.cdg.org.pk www.thenetwork.org.pk
Contents Preface Executive Summary 1 Political Parties: Concepts and Processes 3 Defining political parties Functions of political parties Democracy within political parties Legal regime for political parties Importance of local party organization Public funding of political parties Mandatory diclosure of party finances Regulating internal party structures and practices Candidate and leadership selection Ethical standards and discipline Party discipline in parliamentary and presidential systems Role of the opposition Third Wave Democracy: Political Parties in Pakistan 9 Third wave of democracy Third wave and Pakistan Declining faith in political parties State of political parties in Pakistan Need for political party reform Political Parties in Pakistan: 15 Constitutional and Legal Framework Constitutional provisions; restricting the political space Constitutionally protected Executive Orders The Political Parties Order, 2002 Supreme Court decision in Benazir Bhutto case Anti-defection Legislation Military Regimes and Political Parties in Pakistan: 24 Leading Issues Ban on parties and disqualification of politicians Non-party elections and elected bodies De-institutionalization of parties Factionalization of political parties Localization of politics Political Party Reforms: Grey Areas 29 Party funds
Internal democracy in political parties Legislative role of political parties Irrelevence of local party branches Opposition Parties: Denial of Legitimate Space 31 Profile of opposition, 1947-1958 Opposition politics, 1971-1977 Opposition-government relations, 1988-1999 Conclusions Recommendations 37 Notes and References Suggested Reading 42 Links and Resources 43 Appendix: Political Parties Order 2002
Fifty seven years ago, when the people of Pakistan won independence from the British, they awaited a great metamorphosis. From being the subjects of a powerful and brutal empire, they were to become citizens of a free country, a homeland that was to be shaped by their dreams and aspirations. Independence, however, soon turned into a "false dawn" and people realized that it meant little more than a change of masters. The promise of equi- table development and democratic rule in the country has eluded the people ever since, with the ruling elite faithfully sticking to its colonial mindset and methods of subjugation. As the world discovers the importance of good governance in solving some of the most pressing problems confronting the developing world, the civil society in Pakistan is also increasing its involvement with key pub- lic issues. It is cognizant of the fact that meaningful development effort must pay attention to issues of public policy, governance and citizen's rights. Moreover, "good politics" must precede and reinforce good governance. This paper is fifth in the series of publications intended to contribute to the larger civil society struggle for realizing the cherished dream of development and democracy. These publications are aimed at raising people's awareness on vital political, social and economic issues. They seek to break the silence, ignite public debate and open a serious dialogue, thereby strengthening the demand for democracy and good governance. A key message of this paper is that although democracy is on the rise, political parties are declining every where - not at all a positive trend in the long run. In Pakistan’s chequered political history, political parties could not institutionalize. A striking contradiction in political parties in Pakistan is their internal deficiencies and unde- mocratic structures and practices, even though the same parties fight for - or seem to struggle for - democracy in the country. Even more ironic, the founding party of Pakistan has become a commodity readily available to the military rulers for political maneuverings and extending their political legitimacy. The result is obvious, increasing dis- enchantment with political parties and decreasing turnouts - 63.42% in the 1970 elections and 41.8% in the October 2002 elections. This paper presents the global trends of declining faith in political parties and then traces social, political and legal backgrounds of the development - or lack of it - of political parties in Pakistan. It underlines the grey areas from the point of view of reforms in political parties, ranging from sources of funds to internal practices. The paper builds a case for public funding for parties, as in many other countries, along with several other rec- ommendations. The paper is authored by Nazeer Ahmad, an accomplished researcher and analyst on the region. I have no doubt that the paper will become an important source of reference on political parties and democratic develop- ment in Pakistan. I appreciate the partnership and support of The Asia Foundation for this project, and hope that it will mark the beginning of a long association. The project team led by Zaigham Khan has done a commendable job and I congratulate him and his project colleagues, Raja Ehsan Aziz, Mohammad Najeeb, M.Y. Khan, Haniya Aslam, and Madiha Sandhu. We are also thankful to SDDP (Supporting Democratic Development in Pakistan) project partners who contributed in the initial discussions that brought clarity to our efforts. Dr. Zafar Mirza Executive Coordinator The Network fro Consumer Protection Preface
1 Political Parties in Pakistan Two simultaneous but contra- dictory trends are discernible in the contemporary world. First, the number of democracies has been on the increase continuously for the past three decades; and sec- ond, the institution of the political party is on the decline. This is true of developing as well as devel- oped democracies. Since the third wave of democracy began in 1974, the number of democracies in the world has multiplied. The democ- ratizing trend started in Southern Europe in the 1970s, and spread to Southern Africa, East, South East, and South Asia in the 1980s. The late 1980s saw a surge of political transitions in Eastern Europe and the former Soviet Union, and a trend towards democracy in Cen- tral America. Finally, the democ- ratic trend spread to Africa in the 1990s. Parallel to the third wave of democracy, there is the opposite global trend of declining faith in political parties. Voter turnout and popular attachment with political parties is on the decrease in both the established and developing democracies. In Pakistan, voter turnout has dropped by 21.6% between the 1970 and the October 2002 elections, besides an increased decline in urban voting, as against rural voting, and a sig- nificant decline in party outreach across the cities. Without denying the need for political party reforms in Pak- istan, it ought to be noted that the problem confronting Pakistan through its history is not primarily that of a weak party system, but the absence of democratic dispen- sation - resulting in the denial of space to political parties to func- tion, both in office and as opposi- tion. Thus, the downward trend in voter turnout and political parties' urban outreach notwithstanding, the relevant framework for the study of political parties in Pak- istan is not the one-time record high electoral turnout in 1970, but the broad patterns resulting from the interplay between the state and political parties. Pakistan has had three spells of democratic rule: the first in 1947-1958; the second in 1971- 1977; and the third in 1988-1999. Thus, in Pakistan's 57 years of history, political parties were in power for only 27 years. The remaining 30 years have either been of military rule, or quasi- democratic dispensation, allowing very limited space to political par- ties. From 1951 to 1958, seven Prime Ministers were removed, while Pakistan had only two Gov- ernor-Generals and one Comman- der-in-Chief. From 1985 to 1999, all five prime ministerial tenures were aborted through premature dismissal of their governments. Executive Summary “...the problem confronting Pakistan through its history is not primarily that of a weak party system, but the absence of democratic dispensation - resulting in the denial of space to political parties to function, both in office and as opposition. ”
2 Political Parties in Pakistan “At the level of the state, the requisite space should be created for the opposition parties... At the level of political parties, internal democracy andtransparency... At the level of the civil society, extensive engagement with political parties, monitoring of party performance ” Nine national legislatures were dismissed prematurely out of the twelve that have been established thus far. In such circumstances, politi- cal parties cannot learn the art of governance unless they are allowed to remain in office. How- ever, only one elected government in Pakistan's history could com- plete its constitutional term, from 1971 to 1977. The ruling and the opposition parties alike require a democratic setting to play their respective roles. But political par- ties in Pakistan have mostly oper- ated out of power, as an opposi- tional force in an anti-system framework, and often under highly repressive conditions. Restrictions on political par- ties have adversely impacted their institutional growth in Pakistan. Factions and client groups were created to weaken larger parties with nationwide following, result- ing in localization of politics based on beraderi (family and kinship network), caste and ethnic groups at the cost of nationwide and all-inclusive political forma- tions. There are also problems relat- ing to the internal workings of political parties. Most parties lack internal democracy. The process of periodic and transparent inter- nal party elections is not estab- lished. Nor do parties in Pakistan play their due legislative role, owing to the lack of in-house training and research. Parties are also under-funded and rely on exclusive interests for their fund- ing. Most fundraising is done at the centre rather than at the local level, with the result that parties are highly centralized. Another problem pertains to the civilian political governments' obsession with creating a domi- nant party system. Thus parties in power tend to disallow legitimate space to those in the opposition. Pakistan has witnessed bans on activities of political opponents, dismissal of opposition govern- ments in the provinces and vic- timization of opposition politi- cians and political activists under political governments. Reforms pertaining to politi- cal parties are needed at three dif- ferent levels. At the level of the state, the requisite space should be created for the opposition par- ties to contribute to the strength- ening of democracy and good governance. Public funding of political parties, especially the smaller parties, will help provide a level playing field among the parties and mobilize the other- wise dormant middle class groups. The state should also assist in capacity building of the parties. At the level of political par- ties, internal democracy and transparency, strengthening of local party organizations, and observance of ethical standards and party discipline are needed. At the level of the civil society, extensive engagement with polit- ical parties, monitoring of party performance, playing the role of watchdog and protecting the legitimate rights of the opposition are necessary.
3 Political Parties in Pakistan Contemporary debate on democracy, development and gov- ernance does not adequately high- light the importance of political parties. However, a lot of attention has been paid to the role of civil society, legislature, media and decentralization of authority. Given the pivotal importance of political parties in the establishment and consolidation of democracy, there is a need to revisit some concepts relating to the institution of politi- cal parties. Defining Political Parties A political party is a group of citizens organized to seek and exer- cise power within a political sys- tem. All parties participate to some extent in the exercise of political power, whether through participa- tion in government or by perform- ing the role of opposition. Parties are the vehicles by which citizens come together freely to campaign for public office to win a majority of seats in a legislative body, to express their interests and needs, as well as their aspirations for the society in which they live.1 Functions of Political Parties As a vitally indispensable institution in a democracy, politi- cal parties fulfill a number of inter- related functions critical to demo- cratic governance. Basic functions of political parties include:2 Aggregating and representing societal interests. Contesting and winning elec- tions, in order to seek a mea- sure of control over govern- ment institutions. Providing policy alternatives. Promoting and training politi- cal leaders who will assume a role in governance. Democracy within Political Parties In a political party, however, democracy will not flourish merely because it is proclaimed. In fact, internal party democracy can be compromised by such factors as: Insular management and com- munication structures. Lack of leadership change. Marginalized party members. Sometimes these factors create a situation in which a few individ- uals dominate party affairs, without proper regard for members, in Political Parties Concepts and Processes “As a vitally indispensable institution in a democracy, political parties fulfill a number of interrelated functions critical to democratic governance. ”
4 Political Parties in Pakistan shaping a party's policies.3 A party's commitment to democratic principles should be reflected not only in its written con- stitution, but also in the day-to-day interaction between leaders and members. That is, a party must be committed to practicing democratic behaviour.4 A democratic party will: Allow members to express their views freely. Promote the membership of women. Encourage participation by all members. Be tolerant of different ideas. Abide by agreed upon rules and procedures of decision-making. Hold leaders accountable to members and supporters. Legal Regime for Political Parties In most countries, political parties are required to fulfill cer- tain obligations for official regis- tration and recognition, including a minimum level of membership, a written constitution and platform, and the election of party officials.5 Importance of Local Party Organization It has been emphasized time and again that local party organi- zations are significant for strength- ening the political party system. Foundation First is the motto that party leaders and organizers should keep in mind when they seek to build a successful party. A signifi- cant portion of a party's time, attention and money should be directed at the local level. Ulti- mately, the strength and stability of a national political party, and the success of its candidates for elec- tive office at every level, are closely linked to the number of active and enthusiastic party mem- bers and supporters at the local level. The local base of a political party, just like the roots of a tree, must be strong if the party is to grow and succeed.6 Public Funding of Political Parties There is an increasing trend of institutional provision of public funding for political parties. In Australia, Canada, Germany, Israel, South Africa, Sweden and Zimbabwe, political parties get state funding. In Germany, Israel, South Africa, Sweden and Zim- babwe, political parties also get Party Operating Expenses. In a few other countries, including Aus- tralia, Canada and the United States, individual candidates also get public funds to realize their dreams of a political career.7 Government funding of politi- cal parties or candidates serves many objectives. One central aim is to level the playing field for par- ties by ensuring more equal access to funding. Particularly for smaller parties, state funds are often the main source of financing, essential for the party to run even a modest campaign. In addition, government funds can support party develop- “In Germany, Israel, South Africa, Sweden and Zimbabwe, political parties also get Party Operating Expenses. In a few other countries, including Australia, Canada and the United States, individual candidates also get public funds... ”
5 Political Parties in Pakistan “Political party reform should also include enhanced democracy and transparency in the selection of both candidates for public office and party officials. Political parties, even in developing countries, challenge the leadership-driven and top-down practices... ” ment in places where political par- ties are traditionally weak and under-funded. Furthermore, public subsidies are used for seeking to limit the need for donations from unlawful sources and to prevent corruption in the fundraising process.8 Mandatory Disclosures of Party Finances Mandatory disclosure of party finances contributes to greater transparency in the political process, providing the public with the ability to understand and mon- itor the affiliations, interests and resources of parties. When the public has access to a party's finan- cial dealings, citizens can more effectively keep a check on the party's behaviour and provide incentives for keeping the party’s affairs above board.9 Regulating Internal Party Structures and Practices Laws regulating political par- ties sometimes require parties to adopt specific internal structure and practices. Several countries require an external audit of party finances, and parties must provide balance sheets of revenues and expenditures to the government or an independent watchdog body. In several countries these audits are made available to the public.10 Some laws mandate that par- ties have specific election and decision-making procedures to enhance internal party democracy. Parties may be required to have certain party posts, committees, and meetings, such as annual gen- eral assemblies. A few countries reserve the right to review the con- stitutions of parties to ensure they are in line with certain principles. Although the intention of these laws is usually to improve the democratic character of political parties, in some instances the restrictions are viewed as govern- ment control, which can be abused in a partisan manner.11 Candidate and Leadership Selection Political party reform should also include enhanced democracy and transparency in the selection of both candidates for public office and party officials. Political par- ties, even in developing countries, challenge the leadership-drive top- down practices of the past by involving more members, and in some cases the public, in the deter- mination of party representation. A recent study undertaken in eight Asian countries contends that very few countries still allow a small number of key leaders to determine all the candidates for elections or select officials for party posts. Internal party elections have become the most common process for determining both candidates and party leaders. The breadth of participation in these elections varies from the entire membership of the party to the central commit- tee members.12
6 Political Parties in Pakistan Ethical Standards and Discipline Political parties are required to employ a variety of measures to promote ethical conduct among their members, leaders, and candi- dates, and to punish those who engage in unethical behaviour or violate the laws of the party. In some countries, parties have codes of conduct and written regulations, while in others there are reinforc- ing preventive measures, such as training, as well as procedures for enforcement, namely evaluation, monitoring, and disciplinary processes.13 Party Discipline in Parliamentary and Presidential Systems Party discipline, simply defined, refers to the practice of legislators voting with their parties. It is typically stronger in parlia- mentary systems than in presiden- tial because the executive requires majority party cohesiveness for its own survival. In countries that are undergoing the transition to a two- party or multi-party system - whether presidential, hybrid or par- liamentary - party discipline may be generally weak owing to the fact that parties may be newer, they may lack a strong internal structure and constituent base, or lack expe- rience in operating in a multi-party legislature.14 Parliamentary System Parliamentary systems in developed countries are character- ized by parties that are highly structured and tend toward unified action, block voting and distinct party platforms. This party disci- pline is required in parliamentary systems primarily because devia- tion from the party line could result in bringing down the government. Parliamentary systems require that “Parliamentary systems in developed countries are characterized by parties that are highly structured and tend toward unified action, block voting and distinct party platforms. This party discipline is required in parliamentary systems primarily because deviation from the party line could result in bringing down the government. ”
7 Political Parties in Pakistan the executive and legislative mem- bers agree upon issues, lest it forces the dissolution of the gov- ernment. In addition, majority par- ties in parliamentary systems are perceived by voters to have a man- date to run the country. Therefore, each party may develop a system of punishments and rewards. Indi- vidual members of the legislature who deviate from a party vote may be punished by exclusion from their party within parliament or may not be nominated by the party in the subsequent election.15 Similarly, opposition parties theoretically want to maximize their power in a system dominated by the majority by voting as a block and diffusing internal dis- sent. Opposition party discipline is more likely if the party or parties perceive that they can eventually gain a majority. Consequently, for both majority and minority parties in parliament, important policy decisions are made within party structures such as caucuses (party conventions to nominate candi- dates or decide on voting), rather than within the legislature itself. Obviously, it is not possible for the legislature and executive to be controlled by different parties in a parliamentary system.16 Presidential System Parties in presidential systems tend to be less structured than those in parliamentary systems. Failure to vote with one's party does not threaten to bring the gov- ernment down. Therefore, mem- bers of the legislature have rela- tively more freedom to identify with regional, ethnic, economic or other divisions when considering policy issues. This tendency is strengthened in presidential sys- tems - such as in the US - that also employ a first-past-the-post elec- toral system. Since they are usu- ally directly elected and identifi- able with particular districts or regions, many members see a duty to their constituents (in a district or state) as the first priority, with alle- giance to a party and its platform as secondary. While legislators are under some pressure to vote with their party, particularly on impor- tant issues, the consequences of not doing so are not as serious to the individual legislator and to the system. Because legislatures and executives are elected separately and often for different terms, it is not uncommon for them to be con- trolled by different parties.17 Role of the Opposition The existence of an opposi- tion - in essence, an alternative government - acts as a restraint on those in power. An opposition seeks to limit the resources avail- able to officeholders and to enlarge the rights available to those out of power. Over time, in both new and revived democra- cies, conflict between the govern- ing and opposition parties helps establish democratic norms and rules.18 The Geneva-based Inter-Par- liamentary Union unanimously adopted Guidelines on the Rights and Duties of the Opposition in Parliament in May 1999.19 The guidelines inter alia provide that: “The existence of an opposition - in essence, an alternative government - acts as a restraint on those in power. ”
8 Political Parties in Pakistan From the Geneva-based Inter-Parliamentary Union Guidelines on the Rights and Duties of the Opposition in Parliament, 1999: Parliament must accommodate the participation of all peo- ple in homogenous as well as heterogeneous societies in order to safeguard diversity, pluralism and the right to be different in a climate of tolerance. Hence the importance of political forces and individuals representing the opposition being able to participate in the work of the parliament should be recognized. This will require recognition of and respect for human rights in general as well as for their spe- cific rights and duties. The opposition in parliament is a necessary and indispens- able component of democracy. For it to be effective, how- ever, the government and society at large must accept the essentials of parliamentary democracy. The primary func- tion of the opposition is to offer a credible alternative to the majority in power. Moreover, by overseeing and criticizing the action of the government, it works to ensure trans- parency, integrity and efficiency in the conduct of public affairs and to prevent abuses by the authorities and individ- uals, thereby ensuring the defense of the public interest. Indeed, the opposition contributes to the promotion and defense of human rights and fundamental freedoms, thus helping to ensure that democracy functions properly.
9 Political Parties in Pakistan Two simultaneous but contra- dictory political trends are visible in the contemporary world. First, the number of democracies has consistently been on the increase for the past three decades. Second, the institution of political parties is on a continuous decline. This phe- nomenon is true for both the devel- oped and developing democracies. In the case of Pakistan, however, experiments in democracy and its consolidation have been aborted by repeated military interventions. Consequently, the institution of political parties remains weak and mired in problems. This is being experienced in an era of democra- tic resurgence, characterized as the third wave of democracy. Third Wave of Democracy Since the April 25, 1974 coup in Portugal, when young army offi- cers toppled the half century old dictatorship, unleashing revolu- tionary upheaval and long sup- pressed social and political forces, the number of democracies in the world has multiplied dramatically. Before the start of this global trend, there were about forty democracies. The number increased moderately through the late 1970s and early 1980s, as sev- eral states underwent transition from authoritarian - predominantly military - to democratic rule. In the mid-1980s, the pace of global democratic expansion accelerated markedly. By the end of 1995, there were as many as 117 democ- racies, or as few as 76, depending on how one counts.20 In a seminal formulation, Samuel P. Huntington called this post-1974 period the third wave of global democratic expansion and has underlined its importance in terms of regional and international demonstration effects.21 This democratizing trend began in Southern Europe in the mid 1970s, spread to military regimes of South Africa in the late 1970s and early 1980s, and reached East, South East, and South Asia by the mid to late 1980s.22 The end of the 1980s “First, the number of democracies has constantly been on the increase since the last three decades. Second, the institution of political parties is on a continuous decline. ” Third Wave of Democracy Political Parties in Pakistan
10 Political Parties in Pakistan saw a surge of transitions from communist authoritarian rule in Eastern Europe and the former Soviet Union, and the trend towards democracy in Central America as well. Finally, the democratic trend spread to Africa in the 1990s.23 Huntington defines a 'wave of democratization' simply as a group of [democratic] transitions… that occur within a specified period of time and that significantly outnum- ber transitions in the opposite direction during that period. He identifies two previous waves of democratization: a long, slow wave from 1828 to 1926, and a second, post-World War II wave, from 1943 to 1964. Each of the two waves ended with a reverse wave of democratic breakdowns (1922-42 and 1961-75), in which some but not all of the new (or re- established) democracies col- lapsed. Each reverse wave signifi- cantly diminished the number of democracies in the world but left more democracies in place than had existed prior to the start of the democratic wave.24 Third Wave and Pakistan It is instructive to see how Pakistan's experience relates to the third wave of global democracy. To begin with, the struggle for the creation of Pakistan was essen- tially a democratic movement. Unlike many liberation move- ments, Pakistan won independence through the assertion of popular will and the power of the ballot, and not any violent or revolution- ary means. Given this historical background, democracy remains embedded in people's popular imagination. Even though Pakistan has had four military interventions in its 57 years history, each mili- tary rule ultimately submitted to the popular will and resulted in elections and a revival of democ- racy. Interspersed with these four military regimes, there have been three spells of democratic rule: first, from 1947 to 1958; second, from 1971 to 1977; and third, from 1988 to 1999. The third period of democracy surely falls within the ambit of Huntington's third wave of democracy. The reversal of democracy in Pakistan in 1999 came as a major set-back to the global wave of democratization, observes Larry Diamond in the Journal of Democ- racy. The coup in Pakistan was viewed as the single most serious reversal of democracy during the third wave. Pakistan was not only the largest, but also by far the most strategically influential country to have suffered a democratic break- down.25 This reversal of democracy in Pakistan is generally blamed on widely percieved corruption and misrule of political goverments. Referring to the democratic era of 1988-99, Diamond comments that democratic Pakistani governments were manifestly corrupt and abu- sive; the country witnessed repeated alternation in power between two political parties that had each mobilized substantial - though declining - popular sup- port. The damage done to these “This reversal of democracy in Pakistan is generally blamed on widely percieved corruption and misrule of political goverments... Diamond comments that democratic Pakistani governments were manifestly corrupt and abusive... ”
11 Political Parties in Pakistan democratic institutions and norms, state capacity, public services, and civil society, first by successive authoritarian regimes and then by 11 years of corruption and misrule under the alternating elected gov- ernments of Benazir Bhutto and Nawaz Sharif, had been too great.26 Declining Faith in Political Parties Coupled with the third wave of global democratization, there is also a contradictory global trend of declining faith in political parties. It is indeed an ironic and worri- some twist in the third wave of global democratization. In the past quarter-century, democracy has spread around the world to an unprecedented degree. The level of civil and political freedoms is, on average, the highest in history. Authoritarian ideologies have waned, and therefore no form of government other than democra- cies have commanded any signifi- cant legitimacy. Yet there is sub- stantial and growing dissatisfac- tion with many specific institutions of democracy, and no single insti- tution is held in greater disrepute than the political party.27 Even more clear and striking have been the partisan attachments in con- temporary societies. In almost all the advanced industrial democra- cies, the proportion of the popula- tion identifying with a political party has declined in the past quar- ter-century, as has the strength of party attachments.28 Both election turnout and party membership are visibly on the decline in western democra- cies. The Human Development Report 2002 has brought out data on both the indices. The represen- tative process appears to be in cri- sis even in well-established democracies. Thus, in the United States, the turnout of registered voters in presidential elections fell from 96% in 1960 to 51% in 2000, and in the United Kingdom, for parliamentary elections, the voter turnout fell from 78% in 1992 to 59% in 2001.29 In France, Italy, Norway and the United States, party member- ship is half (or less) of what it was 20 years ago. According to recent surveys in Latin America and Cen- tral and Eastern Europe, people have far less confidence in politi- cal parties than they do in the church, the armed forces or televi- sion.30 The state of political parties in Asia is not very different from that in western democracies. In a recent study, the National Democratic Institute of International Affairs (NDI) has noted that throughout Asia, entrenched corruption has led to public disillusionment in many institutions, but political par- ties have especially become a tar- get of criticism. Distrust in parties and their leaders on the issue of reform has been justified too often. Parties have demonstrated little interest in stamping out corruption, promoting accountable gover- nance, and advocating greater transparency in the public sys- tem.31 State of Political Parties in Pakistan Voter turnout and popular “...people have far less confidence in political parties than they do in the church, the armed forces or television... Parties have demonstrated little interest in stamping out corruption, promoting accountable governance, and advocating greater transparency... ”
12 Political Parties in Pakistan attachment with political parties are on the decline in Pakistan, par- ticularly in the cities. Since the first ever general elections on the basis of adult franchise in 1970, a decline in voter turnout can be wit- nessed in successive elections. The total voter turnout in elections in Pakistan has dropped by 21.62% from the 1970 to the October 2002 elections (see Table 1). In each of the provinces, the turnout has dropped between 1970 and 2002: by 22.49% in Punjab, 21.86% in Sindh, 13.24% in NWFP and 11.14% in Balochistan.32 Apart from the declining voter turnouts, a recent study shows dif- ference in turnout between rural and urban areas of the country. In rural Punjab, for example, the turnout has consistently been higher by nearly 10% than in the cities. The study also observes a significant decline in the number of party chapters across the cities of Pakistan.33 Political parties tra- ditionally maintained informal party offices called baithaks (sit- ting rooms) in cities. There were about 320 party offices at ward (locality) level in Multan city alone, and 34 in Islamabad in the 1970s. The study finds that in Mul- tan and Islamabad, political baithaks have already vanished.34 Need for Political Party Reform An NDI report states that in many areas of the world today, political parties are facing a crisis of public confidence due to their organizational and political short- comings. Political parties are per- ceived as ineffective, corrupt and out-of-touch with their constituen- cies. They lack credibility and often fail to attract young leader- ship to their ranks. At the same time, public support has risen for independent candidates, special interest parties and anti-party 1970 1985 1988 1990 1993 1997 2002 % % % % % % % No. of voters NWFP 48.09 40.63 33.92 35.7 34.59 27.8 34.85 3,087,448 FATA NA 73.25 77.75 59.7 61.8 33.7 25.53 327,772 Islamabad NA 65.35 57.91 57.3 57.51 46.1 51.28 196,698 Punjab 68.63 60.14 46.49 49.6 47/07 39.8 46.14 19,035,539 Sindh 60.08 44.38 42.38 43.3 28.23 31.3 38.22 6,177,787 Balochistan 40.56 36.33 25.69 29.2 24.96 23.2 29.42 1,004,219 Total 63.42 53.69 43.07 45.5 40.28 35.4 41.8 29,829,463 Table 1: Voters Turnout in Elections, 1970-2002 Source: Key Findings of The Pre and Exit Poll Survey Research: Elections 2002, Pattan Development Organization, Islamabad, 2002, p. 45 based on Pakistan Election Commission data. “Political parties are perceived as ineffective, corrupt and out-of-touch with their constituencies. ”
13 Political Parties in Pakistan movements. This crisis poses a sig- nificant threat to democratic devel- opment.35 Whatever the reason, the problems confronting political par- ties have an impact on democratic systems as a whole. The absence of effective political parties creates a void that is often filled by populist demagogues. A dysfunctional party system can also lead to calls for "direct" democracy that under- mines mediating institutions like the parliament, which serves as a foundation for representative gov- ernment.36 In these circumstances, the need for political party reform has been emphasized by both acade- mics as well as the international development community. The situ- ation has brought home the cen- trality of political party building, an often misunderstood and under- utilized element of democracy building.37 Graph: Voters Turnout: Elections in Pakistan, 1970-2002 Source: Key Findings of The Pre and Exit Poll Survey Research: Elections 2002, Pattan Development Organization, Islamabad, 2002, p. 45 based on Pakistan Election Commission data. 1970 1985 1988 1990 1993 1997 2002 70 60 50 40 30 20 10 0 %Voterturnout Voter Turnout in Pakistan: Elections, 1970-2002 Years “The absence of effective political parties creates a void that is often filled by populist demagogues. A dysfunctional party system can also lead to calls for "direct" democracy that undermines mediating institutions like the parliament... ”
14 Political Parties in Pakistan Source: Key Findings of The Pre and Exit Poll Survey Research: Elections 2002, Pattan Development Organization, Islamabad, 2002, p. 45 based on Pakistan Election Commission data. Pakistan Punjab NWFP Sindh Balochistan1970 Voter Turnout 2002 Voter Turnout %ageDropinvoterturnout Drop in Voter Turnout 1970/2002 70 0 50 60 20 80 10 40 30 Bar Chart: Drop in Voter Turnout, Elections 1970/2002
15 Political Parties in Pakistan While allowing the right to association, the existing constitu- tional and legal framework in Pak- istan puts many restrictions and limitations on political parties. Article 17 of the Constitution pro- vides that every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan, public order or morality. However, constitu- tional amendments and executive orders included in the sixth sched- ule of the Constitution have con- siderably restricted the space for political parties in the country. The first and fourth constitu- tional amendments, the Revival of Constitutional Order (RCO), 1985, the Legal Framework Order (LFO), 2002, the Conduct of Gen- eral Elections Order, 2002 and the Qualification to Hold Public Offices Order, 2002 have sought to limit and qualify the activities of political parties. The Political Parties Order (PPO) 2002 (see Appendix) pro- vides for the formation and the regulation of political parties, and lays down an elaborate framework for the functioning of political par- ties. The requirement for registra- tion of political parties existed since 1979, but was struck down by the Supreme Court in 1988. Though the word registration is not used in PPO 2002, political parties must obtain an election symbol to be eligible. A party failing to meet the criteria is not allotted a symbol. Judicial precedents are also very important in interpreting the Constitution and deciding on the constitutionality of executive orders. In Benazir Bhutto's case, the Supreme Court waived the requirement of registration of political parties in 1988. This is one of the most important deci- sions of the superior judiciary, which upheld the political rights of association and formation of polit- ical parties. Given Pakistan's parliamen- tary system of government, an anti-defection legislation was enacted in 1987 by amending the Political Parties Act, 1962. In 1997, an anti-defection clause was instituted in the Constitution in the form of the fourteenth amendment, and the LFO 2002 further improved upon it. Constitutional Provisions; Restricting the Political Space The first constitutional amendment provides that no state employee can either form a politi- “...the existing constitutional and legal framework in Pakistan puts many restrictions and limitations on political parties... constitutional amendments and executive orders included in the sixth schedule of the Constitution have considerably restricted the space for political parties in the country. ” Political Parties in Pakistan Constitutional and Legal Framework
16 Political Parties in Pakistan cal party or become its member. The constitutional ban on state employees to form, or become members of, a political party, is rather uncommon elsewhere in the world. However, there are various statutory and regulatory regimes in different countries, prescribing dif- ferent kinds of limitations on state employees. The first constitutional amendment also provided that if the Federal Government declared any political party had been formed or was operated in a man- ner prejudicial to the sovereignty and integrity of Pakistan, it would refer the matter within fifteen days of such a declaration to the Supreme Court. The fourth consti- tutional amendment includes the sovereignty or integrity of the country in the list of grounds for reasonable restrictions imposed on freedom of association. The LFO 2002 further amends Article 17 and lays down that no political party shall promote sec- tarian, ethnic and regional hatred or animosity, be titled or consti- tuted as a militant group or section, and that every political party shall hold intra-party elections. Hence, Article 17, which theoretically guarantees freedom of association, is the most amended constitutional provision on fundament rights. The Revival of the Constitu- tional Order (RCO), 1985 brought about a large number of qualifica- tions and disqualifications for the membership of parliament. Origi- nally, the constitution provided for a few qualifications, which included the requirements of citi- zenship and minimum age. The disqualifications provided origi- nally in the Constitution were also few, which included insanity, insolvency, termination of citizen- ship, and the holding of office of profit (paid position) in the service of Pakistan. The RCO made wholesale additions to these quali- fications.38 The qualifications added under Article 62 of the Consititu- tion require a candidate for the parliament to be someone: (a) Of good character and not commonly known as one who violates Islamic injunctions; (b) With adequate knowledge of Islamic teachings and prac- tices and obligatory duties prescribed by Islam as well as abstaining from major sins; (c) Sagacious, righteous, non- profligate, honest, and ameen (trustworthy); (d) With no criminal conviction involving moral turpitude or for giving false evidence; and (e) After the establishment of Pakistan, has not worked against the integrity of the country or opposed the ideol- ogy of Pakistan. The disqualifications added under Article 63 require a candi- date for the parliament: (a) Not to be propagating any opinion, or acting in any “The LFO 2002 further amends Article 17 and lays down that no political party shall promote sectarian, ethnic and regional hatred or animosity, be titled or constituted as a militant group or section, and that every political party shall hold intra-party elections... ”
17 Political Parties in Pakistan manner prejudicial to the ide- ology of Pakistan, or the sov- ereignty, integrity, or security of Pakistan, or the mainte- nance of public order, or the integrity or independence of judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the armed forces of Pakistan; or (b) Not to have been, on convic- tion of any offence which in the opinion of the Chief Elec- tion Commissioner involved moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his/her release; or (c) Not to have been dismissed from the service of Pakistan on the ground of misconduct, unless a period of five years has elapsed since his/her ser- vice; or (d) Not to have been removed or been compulsorily retired from the service of Pakistan on the ground of misconduct unless a period of three years has elapsed since his/her removal or compulsory retire- ment; or (e) Not to have been in the ser vice of Pakistan or any statu- tory body or any body which is owned or controlled by the government or in which the government has the control- ling share and interest, unless a period of two years has elapsed since he ceased to be in such service; or (f) Not to have been found guilty of a corrupt or illegal prac tice under any law for the time being in force, unless a period of five years has elapsed from the date of such conviction; or (g) Not to have been convicted under Section 7 of the Politi- cal Parties Act, 1962, unless a period of five years has elapsed from the date of such conviction; or (h) Not to have, whether by him- self or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, any share or interest in a contract, not being a contract between a cooperative society and government, for the supply of goods to, or for the execution of any contract or for the per- formance of any service undertaken by government. While some of these qualifi- cations and disqualifications are specific and can be adjudicated upon, others are so general that if they are strictly applied, hardly anyone would qualify.39 The LFO 2002 further rein- forces the limitations on becom- ing a member of parliament by adding/substituting the following disqualifications: “While some of these qualifications and disqualifications are specific and can be adjudicated upon, others are so general that if they are strictly applied, hardly anyone would qualify. ”
18 Political Parties in Pakistan (a) Conviction by a court of com- petent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force. (b) Conviction and sentence of imprisonment for having absconded by a competent court under any law for the time being in force. (c) Non-payment of loan for an amount of two million rupees or more, from any bank, financial institution, cooper- ative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off. (d) Default in payment of gov- ernment dues and utility expenses, including tele- phone, electricity, gas and water charges in excess of ten thousand rupees, for six months, at the time of filing his/her nomination papers. Constitutionally Protected Executive Orders The Conduct of General Elec- tions Order, 2002 stipules the qual- ification of graduation for the first time in the electoral history of the country. It provides that a person shall not be qualified to be elected or chosen as a member of the par- liament or provincial assemblies unless he is at least a graduate pos- sessing a bachelors degree in any discipline or any degree recog- nized as equivalent by the Univer- sity Grants Commission, under the University Grants Commission Act, 1974, or any other law in force at the time. This qualifica- tion, according to European Com- mission observers, denied 96 per- cent of all voters their right to run for office in Pakistan.40 The Qualification to Hold Public Offices Order, 2002, bars a person from holding the office of Prime Minister or Chief Minister more than twice. It applies even to cases where a prime minister or chief minister might not have com- pleted a full term of office. The Political Parties Order, 2002 The Political Parties Order, 2002 was promulgated on June 28, 2002 to provide for the formation and regulation of political parties. It repealed the Political Parties Act, 1962. The Order lays down the following requirements for political parties: 1. Every political party shall have a distinct name. 2. Every political party shall formulate its constitution with whatever name it may be referred. 3. Every political party shall provide a copy of its constitu- tion to the Election Commis- sion. 4. A member of a Political Party “It provides that a person shall not be qualified to be elected or chosen as a member of the parliament or provincial assemblies unless he is at least a graduate... accord- ing to European Commission observers, this denied 96 percent of all voters their right to run for office in Pakistan. ”
19 Political Parties in Pakistan is required to pay a member- ship fee. 5. Any contribution or donation made in cash, kind, stocks, hospitality, accommodation, transport, fuel and provision of other such facilities by any foreign government, multi- national or domestically incorporated public or private company, firm, trade and pro- fessional association shall be prohibited. 6. Suspension or expulsion of a member of a political party should be preceded by a rea- sonable opportunity to show cause against the action pro- posed and of hearing. 7. The selection of candidates for elective offices, including the membership of parliament and provincial assemblies, should be made through a transparent democratic process. 8. The party leader of each political party shall, within seven days from completion of the intra-party elections, submit a certificate under his/her signatures to the Elec- tion Commission to the effect that the elections were held in accordance with the constitu- tion of the party. 9. Every political party is required to submit to the Election Commission within sixty days from the close of each financial year, a consol- idated statement of accounts of the party audited by a Chartered Accountant. 10. A political party shall only be eligible to obtain an election symbol for contesting elec- tions for parliament and “Any contribution or donation made in cash, kind,...by any foreign government, multi-national or domestically incorporated public or private company, firm, trade and professional association shall be prohibited. ”
20 Political Parties in Pakistan provincial assemblies when it submits certificates of intra- party election and the party's sources of funds. 11. Where the Federal Govern- ment is satisfied that a politi- cal party is a foreign-funded party or has been formed or is operating in a manner preju- dicial to the sovereignty and integrity of Pakistan or is indulging in terrorism, it shall make such declaration by a notification in the official Gazette. The govern- ment shall refer the matter within 15 days to the Supreme Court whose deci- sion on such reference shall be final. 12. The Election Commission shall in consultation with the political parties prepare and publish a code of conduct for the political parties. Supreme Court decision in Benazir Bhutto Case The Political Parties Act, 1962, was amended to provide for the registration of political parties in 1979. Later, the requirement of registration was relaxed. How- ever, some political parties remained unregistered, while very few smaller parties got registered. Further amendments were made in the Political Parties Act, 1962, in January 1985, before the general elections of February 1985. The amendments were seemingly designed to keep the Pakistan People's Party (PPP) from participating in the elections. Thus, for instance, the amend- ments provided that any person who had at any time, after Decem- ber 1, 1971, been an office-bearer or even a member of the executive committee at the national or provincial set-up of a political party which had neither been reg- istered nor declared eligible to participate in elections by the Election Commission by October 11, 1979, would not be qualified to be elected for a period of seven years, or chosen as a member of the parliament or provincial assemblies.41 Benazir Bhutto, the co-chair- person of PPP, challenged all such offending provisions of the Politi- cal Parties Act as being unconsti- tutional and in violation of the fundamental right of freedom of association under the Constitu- tion. A constitutional petition was filed directly before the Supreme Court in its original jurisdiction under article 184 (3) of the Con- stitution.42 The Supreme Court held in no uncertain terms that the Consti- tution guaranteed every citizen (not in the service of Pakistan) the right to form a political party, and could only be subject to reason- able restrictions imposed by the law in the interest of the sover- eignty or integrity of Pakistan. On the question of rendering accounts for audit, the Court held that this could not be regarded as an unreasonable restriction or out- side the ambit of Article 17. Regarding the inclusion of the expression 'security of Pak- “The Supreme Court held in no uncertain terms that the Constitution guaranteed every citizen (not in the service of Pakistan) the right to form a political party, and could only be subject to reasonable restrictions imposed by the law in the interest of the sovereignty or integrity of Pakistan. ”
21 Political Parties in Pakistan istan' in addition to other expres- sions used in the Political Parties Act, it held that the inclusion of this expression was a constraint on the 'freedom of association' beyond the scope of Article 17. This expression was not used in Article 17 and, therefore, its inclu- sion in the Political Parties Act was a violation of Article 17, and hence void. Compulsory registration of political parties was also declared a violation of Article 17, as it placed unreasonable restrictions on the exercise of a fundamental right - since it was not simply reg- istration, but was also accompa- nied by penal consequences. The Court also observed that the power of cancellation of registration, vested in the Election Commis- sion, was without any safeguards and entirely at the discretion of the Election Commission, and no rem- edy had been provided against its decisions. Hence, the court con- cluded that it constituted an unrea- sonable restriction on the right to form associations.43 However, the inclusion of the terms Islamic ideology, morality and maintenance of public order were upheld for the reason that these formed a part of and were inherently included in the expres- sions "sovereignty" and "integrity" of Pakistan used in Article 17 of the Constitution. Anti-Defection Legislation The problem of party defec- tions and floor crossing had assumed an alarming proportion since 1985, after the restoration of parliament. Provincial govern- ments were overthrown and the federal government had immense difficulty in running the affairs of the state, and ensuring smooth sailing in the House due to fre- quent switching of loyalties by a large number of legislators. The first measure to end defections was taken by the Junejo government in 1986. The Political Parties Act, 1962, was amended to provide for an anti-defection clause. It stipulated that if a mem- ber of the House (of parliament or a provincial assembly), having been elected as a candidate or a nominee of a political party, or having become a member of a political party after such election, defected, or withdrew himself/her- self from the political party, he/she would stand disqualified from being a member of the House for the un-expired period of his/her term. The question of his/her dis- qualification would be determined by the Election Commission on a reference by the leader of the par- liamentary party to which he/she belonged. In order to put an effective end to defections, the fourteenth constitutional amendment was unanimously passed by the parlia- ment and instituted in the Consti- tution on July 3, 1997, after Presi- dential assent. The fourteenth amendment added Article 63-A to the Consti- tution, providing that if a member of the Parliament or a Provincial Assembly defects, then the head of the political party to which he/she belongs, or on whose ticket he/she “The first measure to end defections was taken by the Junejo government in 1986. The Political Parties Act, 1962, was amended to provide for an anti-defection clause... In order to put an effective end to defections, the fourteenth constitutional amendment was unanimously passed... ”
22 Political Parties in Pakistan was elected, may serve the mem- ber show cause notice within seven days to explain why action should not be taken to disqualify him/her from membership. After the show cause notice, the discipli- nary committee of the party decides whether the matter pertains to a breach of party discipline, such as a violation of the party constitu- tion, code of conduct, or declared policies. In case of a decision against such a member, he/she can appeal to the head of the party, whose decision is then final.44 In case a member votes con- trary to any direction issued by the parliamentary party to which he/she belongs, or abstains from voting against party policy in rela- tion to any Bill, the head of the party concerned, after examining his/her explanations, determines whether or not such a member has defected. The decision is sent to the presiding officer of the House to which the member concerned belongs, who then conveys it within two days to the Chief Elec- tion Commissioner (CEC). The CEC in turn gives effect to the decision within seven days. The action of the party head cannot be challenged before any court, including the Supreme Court or a High Court.45 The Legal Framework Order (LFO) issued by the government in August 2002, now validated by the seventeenth constitutional amend- ment, substitutes Article 63-A with a new version of the anti-defection clause. The new version provides that if a member of a parliamentary party composed of a single politi- cal party in a House resigns from membership of his political party, or joins another party, or votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he /she belongs, in relation to (1) the “The new version provides that if a member of a parliamentary party composed of a single political party in a house resigns from membership of his political party, or joins another party, or votes or abstains from voting in the house contrary to any direction issued by the parliamentary party to which he/she belongs... may be declared to have defected from the political party... ”
23 Political Parties in Pakistan election of the Prime Minister or Chief Minister, (2) a vote of confi- dence or no confidence for the leader of the House, or (3) a money bill, he/she may be declared to have defected from the political party, in writing, by the head of the parliamentary party. The head of the parliamentary party may accordingly forward a copy of the declaration to the presiding officer, and also to the member concerned. Before making such a declara- tion, however, the head of the par- liamentary party shall provide such a member an opportunity (show cause) to explain why such a decla- ration should not be made against him. The presiding officer of the House shall, within two days of the receipt of the declaration, refer the same to the Election Commission. The Commission shall decide, con- firming the declaration or other- wise, within thirty days. If the Election Commission confirms the declaration, the member shall lose membership of the House and his seat shall become vacant. Any party aggrieved by the decision of the Election Commis- sion may, within thirty days, file an appeal to the Supreme Court, which shall decide on the appeal within three months. Although defections in politi- cal parties had become a problem and needed to be addressed, the remedy offered in the fourteenth amendment went beyond the scope of the problem. The fourteenth amendment silenced any dissent within political parties, rather than just ending defections. Notably, voting within the party on a bill or abstention from voting on a bill is not unusual in established democ- racies, and has never been equated with defection. The new version of the defec- tion clause provided a solution. Defection is now limited only to votes of confidence or no confi- dence for the leader of the House, and voting on money bills. It also provides relief to the defector, by the provision of an appeal to the Supreme Court, which was denied in the fourteenth constitutional amendment. It can be argued that after the introduction of the anti-defection clause in the Constitution, the defections have generally been checked. However, the spate of defections witnessed after the 2002 elections are rooted in extra-consti- tutional mechanisms, wherein the anti-defection clause was held in abeyance despite partial restoration of the Constitution on November 16, 2002. “Although defections in political parties had become a problem and needed to be addressed, the remedy offered in the fourteenth amendment went beyond the scope of the problem... ”
24 Political Parties in Pakistan Political Parties in Pakistan have operated under structural constraints. Saeed has pointed out that the organization of political parties was prevented through executive decrees and martial law regulations.46 Military takeovers have generally resulted in bans on political parties, or in witch-hunts of politicians. Ban on Parties and Disqualification of Politicians The October 7, 1958 declara- tion of martial law banned all political parties. General Ayub Khan issued an ordinance again on May 10, 1962, banning the revival of organizations for political pur- poses until the National Assembly had had the time to examine the question of political parties and had legislated upon them. The order prohibited the setting up of political organizations, as well as the collection of funds for them, and the acquisition or ownership of property by such organizations. It was also provided that no asso- ciation of persons, with or without an organizational structure, could call itself by any of its former party names.47 In March 1959, the military regime introduced the Public Offices (Disqualification) Order, (PODO). By invoking PODO, the regime sought to silence political leaders.48 Another law was promulgated for the disqualification of politi- cians who, like public servants, had to be subjected to enquiries by tribunals, to be appointed by the President or a Governor. This law, Elective Bodies (Disqualification) Order, 1959 (popularly known as EBDO), defined misconduct of a politician as meaning any subver- sive activity, preaching of any doctrine or committing an act which contributed to political instability, corruption, or if he had a general or persistent reputation for favouritism, nepotism, willful maladministration, willful misap- plication or diversion of public money, and any other abuse of power or position. The reach of the law was very wide because elective bodies included any assembly, board, or committee of which the constituent members were chosen by means of election, and included legislatures, munici- pal bodies, cantonment boards, Military Regimes and Political Parties in Pakistan Leading Issues “Under this evidently harsh law, several leading politicians like Suhrawardy, Qayyum Khan, and Ayub Khuro were disqualified, or EBDOed. ”
25 Political Parties in Pakistan district boards, and so on.49 Under this evidently harsh law, several leading politicians like Suhrawardy, Qayyum Khan, and Ayub Khuro were disquali- fied, or EBDOed. The law, partic- ularly its application, was severely criticized in legal and political circles throughout Pak- istan. There is little doubt that in the application of the law and the proceedings of the tribunals, politicians of national standing and sound reputation were delib- erately humiliated.50 With this order more than 6000 persons who held public offices or posi- tions were debarred from party politics.51 The Political Parties Act, 1962, providing for the formation and regulation of political parties, received the President's assent on July 16, 1962. This law prevented those disqualified under the Elec- tive Bodies Disqualification Order, 1959 (EBDO), from partic- ipating in political activities, and it gave the government the author- ity to declare others ineligible, should they engage in activities considered detrimental to the health and security of the nation.52 While declaring martial law on July 5, 1977, General Zia announced the holding of elec- tions within ninety days, which were scheduled to be held on October 18, 1977. The promised elections were postponed on October 1, 1977. All political activities in the country were banned. General Zia announced that the process of accountability would be completed first and then a new date for polls would be fixed.53 The Political Parties Act, 1962, was amended in 1979, pro- viding for political parties to sub- mit their accounts to the Election Commission and to apply to it for registration. A political party which failed to do so could not conduct any political activity. Later, the requirement of registra- tion was relaxed. Instead of regis- tration, the Election Commission satisfied itself by circulating a questionnaire to political parties and receiving their responses. However, a number of political parties remained unregistered, including the PPP, and only a few minor political parties were regis- tered. General Zia's objective was to keep the PPP out of the general elections proposed to be held in 1979. However, Zia once again postponed general elections, this time indefinitely.54 Further amendments were made to the Political Parties Act, 1962, in January 1985, before the general elections of February 1985. The amendments provided that any person who had at any time after December 1, 1971, been an office-bearer or even a member of the executive committee at the national or provincial set-up of a political party which had neither been registered nor declared eligi- ble to participate in elections by the Election Commission by October 11, 1979, would not be qualified for a period of seven years to be elected or chosen as a member of parliament or a provin- cial assembly. However, members “...politicians of national standing and sound reputation were deliberately humiliated. With this order more than 6000 persons who held public offices or positions were debarred from party politics. ”
26 Political Parties in Pakistan of the Federal Council (Majlis-e- Shura), hand-picked by General Zia, were not to be affected by the aforesaid disqualification.55 It was further provided that any person who has been a federal minister, or minister of state, an advisor or provincial minister, at any time between December 1, 1971 and July 5, 1977 (during Z. A. Bhutto's regime) would not be qualified for a period of seven years to be elected as a member of parliament or a provincial assem- bly. These provisions clearly and manifestly ensured that the entire leadership of the PPP was disqual- ified from being elected to the par- liament or the provincial assem- blies.56 Benazir Bhutto, as co-chair- person of PPP, challenged all such restricting provisions of the Politi- cal Parties Act as unconstitutional and in violation of the fundamen- tal right of freedom of association under the constitution.57 As men- tioned already, the Supreme Court clearly held that the Constitution guaranteed every citizen (if not in service of Pakistan) the right to form a political party, and could only be subject to reasonable restrictions imposed by the law in the interest of the sovereignty or integrity of Pakistan. Compulsory registration of political parties was declared as a violation of Article 17 of the Constitution for placing unreasonable restrictions on the fundamental right of association, accompanied by penal conse- quences.58 The Supreme Court announced its above judgment on June 20, 1988, when General Zia was still alive. It was a clear rebuff to Zia, who had dissolved the National Assembly on May 29, 1988, dismissed the Junejo Gov- ernment, and announced that elec- tions would be held on a non-party basis.59 The military takeover of October 1999 resulted in another phase of accountability in the country. The National Account- ability Bureau (NAB) was estab- lished to prosecute cases of cor- ruption. Initially, it was perceived that the process of accountability might result in punishing real cul- prits and would remain even- handed. However, it gradually transpired that the politicians sid- ing with the regime were not hounded any more. According to the NAB Annual Report for 2003, from 1999 to 2003, investigations were authorized against 302 politi- cians, and completed in only 116 cases. Investigations were sanc- tioned against a mere 21 personnel of the armed forces, only 6 of which have so far been com- pleted.60 Non-party Elections and Elected Bodies To de-politicize the associa- tional realms and further render political parties irrelevant to the state, successive military regimes came out with non-party basis elections. Interestingly, local body elections held during the eras of General Ayub, General Zia and General Musharraf were all non- party based; two general elections in Pakistan were also held on a “The National Accountability Bureau (NAB) was established to prosecute cases of corruption... However, it gradually transpired that the politicians siding with the regime were not hounded any more. ”
27 Political Parties in Pakistan non-party basis. De-institutionalization of Parties Successive military govern- ments adopted a policy of de-insti- tutionalization of political parties. Consequently, the institutional core of the political culture gave way to a relatively non-institu- tional approach to politics. Politi- cal parties, as an important institu- tion, have been replaced by local, communal and constituency-based patterns of politics. A party’s man- ifesto, policy, past performance and leadership are no long as important a determinant of politics as it used to be in pre-military political periods. Factionalization of Political Parties The phenomenon of factional- ization is not limited to Pakistan alone. There are other countries as well where parties have split into many factions. However, in the case of Pakistan, calculated pro- motion of factionalism made them irrelevant to the political process. Successive military govern- ments adopted a strategy to fac- tionalize the political community. An obvious product of this strat- egy is the emergence of multiple factions and leaders. During the martial law under General Zia, the process of factionalization of political parties became particu- larly pronounced. PPP, JUI and JUP were split into factions. The break-away factions were either sympathetic with the regime, or at least not too critical of it. The mil- itary government during 1999- 2000 furthered the process, fac- tionalizing PPP, PML and ANP. According to 2002 statistics on political parties with the Elec- “Successive military governments adopted a strategy to factionalize the political community. An obvious product of this strategy is the emergence of multiple factions and leaders. ” No Year Elections 1 1959-60 Local Government Elections (Basic Democrats) 2 1962 National and West Pakistan Assembly Elections 3 1964 Local Government (Basic Democrats) 4 1979 Local Government (Local Bodies) 5 1983 Local Government (Local Bodies) 6 1985 National and Provincial Assemblies 7 1987 Local Government (Local Bodies) 8 1991 Local Government (Local Bodies) 9 2001 Local Government Table 2: Non-party based Local and National Elections Source: Wilder, Andrew R., The Pakistani Voter: Electoral Politics and Voting Behaviour in the Punjab, Oxford University Press, Karachi, 1999.
28 Political Parties in Pakistan tion Commission of Pakistan, all the major parties have more than one faction. Six factions of the Pakistan Muslim League quali- fied for elections in 2002, while the documents of another six fac- tions were rejected. Four factions of JUP and three factions of PPP also qualified.61 This pattern contributed to the erosion of mainstream politi- cal parties. Given the importance of nation-wide parties which help mainstream different ethnic groups, communities and classes, this factionalization does not augur well for the political sta- bility and integrity of the country. Localization of Politics One of the patterns in the contemporary political profile of the country is the element of localization of politics. The Octo- ber 2002 elections witnessed public campaigns, which were largely devoid of national issues. The logic of beradari (family and kinship networks) and commu- nity-based voting was the main determinant of the election out- come. Local patronage has always been an important deter- minant in voting, but broader issues of public policy too have some relevance, even though these have been totally overtaken by the former. Another aspect of localiza- tion of politics is found in the institutional mechanisms of the administrative set-up in district governments. The elected local administration is supposedly non- party. It reinforces the de-institu- tionalization of politics, includ- ing de-legitimization of party politics at the local level. “The October 2002 elections witnessed public campaigns, which were largely devoid of national issues. The logic of beradari (family and kinship networks) and community-based voting was the main determinant of the election outcome... Another aspect of localization of politics is found in the institutional mechanisms of the administrative set-up in district governments. ”
29 Political Parties in Pakistan There are areas intrinsic to the internal workings of political par- ties in the country, which lie in the domain of political party reform. Unfortunately, political parties in Pakistan have yet to realize the importance of political party reforms not only for the develop- ment of political parties, but also for the consolidation of democ- racy in Pakistan. The role of political parties has been unenviable due to a lack of institutional profundity, the chronic problem of defection, cor- rupt practices in pursuit of cam- paign financing, as well as the absence of open and accountable activities of office holders.62 Party Funds Disclosure of party funds and transparency in the financial deal- ings of the party is an important area in terms of the institutional integrity of political parties. The comments pertaining to the 1947- 58 period still hold, that parties generally desist from disclosing their income and expenditure. K. K. Aziz observed many years ago that parties in Pakistan did not dis- close their sources of funds, and therefore it is difficult to comment upon the problem of party finance and its implications for party structure.63 It is a fair guess that much more money is collected at the centre than in the districts, with the result that political parties tend to be more centralized. More money is donated by prosperous industrialists and landlords than by common members through nor- mal subscriptions, which makes parties more subservient to their wealthy patrons, and more divorced from their own rank and file.64 Another issue is the paucity of funds for political parties. Waseem observes that parties are weak in Pakistan because they lack finan- cial resources. Electoral candi- dates are relatively strong because they don't depend on their respec- tive parties for campaign funding. Conversely, in established democ- racies, party funding plays a sig- nificant role in shaping politics along the lines of organization- based policy preferences.65 Unless parties in Pakistan engage themselves in fundraising activities, they will continue to woo local influentials for support. Thus, certain parties have indeed been able to give tickets for elec- tions to political non-entities because of their wealth, and have still managed to win seats. Gen- uinely representative leadership will only be elected when a party has high institutional integrity, credible intellectual inputs, and an Political Party Reforms Grey Areas “Genuinely representative leadership will only be elected when a party has high institutional integrity, credible intellectual inputs, and an independent fund-raising programme. Most parties in Pakistan have a long way to go in this direction. ”
30 Political Parties in Pakistan independent fund-raising pro- gramme. Most parties in Pakistan have a long way to go in this direction.66 Internal Democracy in Political Parties The tradition of periodic and transparent elections in political parties is not established as yet in Pakistan. Intra-party elections are a legal requirement, as provided in the Political Parties Order, 2002. However, fourteen political parties got their top leadership elected "un-opposed", after the imposition of the conditionality of intra-party elections in the Political Parties Order, 2002. Only the Awami National Party (ANP) and a cou- ple of religious parties refused to hold fresh elections, maintaining that their incumbent office-bearers were already elected in valid elec- tions within the party.67 Legislative Role of Political Parties An important task for political parties is to prepare themselves for their legislative roles. Parties in Pakistan are ill-equipped to pro- vide in-house training and research facilities to their legislators. It is due to this lack of party priority that we find poor performance among legislators in areas of legis- lation and oversight of the execu- tive. In Pakistan, legislation was relegated to a secondary position soon after independence as the first Constituent Assembly met for only fifty-one days a year for seven years. The situation had not changed till Pakistan's third phase of parliamentary democracy. Com- menting on the period between 1985-99, the Human Development in South Asia 1999 report noted that today, the Prime Minister and his/her cabinet colleagues hardly attend parliamentary proceedings. The report further observed that since the restoration of multi-party democracy in Pakistan, less than seventy parliamentary sessions have been held, lasting less than three weeks on average.68 Irrelevance of Local Party Branches There is an absence of a nat- ural process of political leadership formation. The parties in Pakistan do not encourage party workers to develop into leaders and politi- cians. Political parties do not have any hierarchical pattern whereby local leaders could gradually move upward through the district, provincial and national levels. The input of local branches of the party in policy issues is minimal. Party policies are generally formulated at the top level and in a highly per- sonalized and individualized man- ner. “The parties in Pakistan do not encourage party workers to develop into leaders and politicians... The input of local branches of the party in policy issues is minimal. ”
31 Political Parties in Pakistan Parties wielding governmen- tal power often deny legitimate space to opposition parties in the country. Treatment of the opposi- tion in Pakistan typically includes a ban on activities of political opponents, dismissals of opposition-controlled provincial governments, victimization of opposition politicians and other draconian measures. Profile of Opposition (1947-58) The opposition in Pakistan was very weak and insignificant in the early years of its political history. However, opposition parties gradually gathered momentum. The only significant opposition party in the early years was the Pakistan National Congress (PNC), consisting of former Congress members from East Pakistan. But its activities were primarily confined to the Constituent Assembly, where it had 11 members out of a total of 69 members (later raised to 79) in the House. Their loyalty to Pakistan often came to be ques- tioned when they criticized the mounting defense expenditure. The communal nature of political parties virtually precluded any possibility of the Congress (PNC) gaining political support.69 It is primarily due to the absence of an effective opposi- tion that we find a one-party rule well entrenched in the political system. In the first seven years after independence, when the Muslim League held unchal- lenged sway, the opposition was neither sizeable nor strong enough to influence policy-mak- ing. In that period of recurring crises, the rush of refugees, the Kashmir problem, Jinnah's death, and Liaqaut Ali's assassination, and tremendous enthusiasm for the newly-won country, criticism of the government was some- times equated with treason. The only significant contribution of the opposition in the early years was its effective opposition to the Objective Resolution in 1949.70 Muslim opposition parties began to emerge when signs of dissension and disintegration appeared in the Muslim league ranks. By the end of 1949, Pun- jab had 13 recognized opposition parties, nine of which had been set up by former Leaguers. Over- all, there were nearly twenty par- ties functioning in Pakistan at that time, and the Pakistan Mus- lim League had declared that membership of any of these was incompatible with its own mem- bership. The religious parties, with the exception of the Jamaat-i- Islami, and later the East Pak- Opposition Parties Denial of Legitimate Space “By the end of 1949, Punjab had 13 recognized opposition parties, nine of which had been set up by former Leaguers. Overall, there were nearly twenty parties functioning in Pakistan at that time... ”
32 Political Parties in Pakistan istan Jamiat-al-Ulama-i-Islam, were still undecided about their role in politics, and preferred to confine their activities mainly to religious issues.71 With the overthrow of the Muslim League, people looked forward to a well-knit, hard-hit- ting and sensible opposition that would keep the government on its toes. Their hopes were belied by the configuration of parties after 1954. The country under- went an almost overnight change from a one-party state to a multi- party one.72 It was also an era when polit- ical opponents were discrimi- nated against. The first ever attempt to victimize political opponents by way of disqualifi- cation was made as early as 1949. To discipline the factional leaders within the Muslim League, the Public Representa- tive Office Disqualifications Act (PRODA) was passed in 1949 . It was designed to punish political leaders for corrupt practices, willful maladministration and abuse of power and position. Increased reliance on such con- trol mechanisms inhibited both the development of the Muslim League into a well-organized political party, as well as the development of political parties in general.73 A more questionable step was taken in September 1954, when the Assembly repealed the PRODA. This law had been invoked on a number of occa- sions, and some highly placed public figures had been punished. Among those disqualified in this way were M. A. Khuro, Kazi Fazlullah, Ghulam Nabi Pathan and Hamidul Haq Chaudhri. In the case of Ghulam Ali Talpur, there was an adverse finding but no penalty was awarded. In one case, that of the Khan of Mam- dot, the members of the tribunal did not agree amongst them- selves. And, in another case, that of Mian Daultana, the proceed- ings did not conclude. At the time the Assembly repealed PRODA, complaints against a number of persons were pending. The bill of repeal, which was introduced and passed on the same day, on September 20, 1954, contained a provision by which the repeal was not to affect the references "pending before any court or tribunal on or before 1 September 1954". The indecent haste with which the repealing law was passed and the enthusiasm and relief with which it was received by politicians gave an indication of their true intentions.74 Feldman has aptly remarked that, "PRODA had its origins in politics. It was used as a political weapon and it suc- cumbed to political considera- tion".75 Opposition Politics 1971-77 Opposition parties played a relatively effective role for the first time in the second parlia- mentary phase, during 1971-77, the only term of office of a polit- ical party completed without pre- mature dissolution. The opposi- tion effectively participated in “Increased reliance on such control mechanisms inhibited both the development of the Muslim League into a well-organized political party, as well as the development of political parties in general. ”
33 Political Parties in Pakistan the business of the parliament and provincial assemblies, and also demonstrated activism out of parliament. However, political govern- ments' record of dealing with opposition parties has remained highly problematic. The Z. A. Bhutto government became increasingly intolerant and repressive towards its political opponents. The JUI-NAP Min- istry in Baluchistan was dis- missed and NAP outlawed. The opposition media organs were banned and journalists arrested. A large number of government opponents in political parties, as well as amongst journalists, stu- dent activists and labour leaders, were put behind bars.76 According to the notification of February 10, 1975, banning the NAP (National Awami Party), the federal government declared that the NAP was operating in a manner "prejudicial to the sover- eignty and integrity of Pakistan", and in another notification of the same date, the government also declared that the NAP stood dis- solved, and its properties and funds were forfeited by the gov- ernment. Thereafter, as required under Section 4 of the Political Parties Act, 1962, the federal government made a reference to the Supreme Court on February 24, 1975. The Court upheld the government's stance that the NAP was acting in a manner prejudicial to the sovereignty and integrity of the country. Many observers have questioned the executive action of banning NAP and the judicial verdict validat- “...political governments' record of dealing with opposition parties has remained highly problematic. The Z. A. Bhutto government became increasingly intolerant and repressive towards its political opponents... A large number of government opponents in political parties, as well as amongst journalists, student activists and labour leaders, were put behind bars. ”
34 Political Parties in Pakistan ing the action.77 Opposition-Government Relations (1988-99) In the third phase of parlia- mentary experience, the post-Zia era of 1988-99, victimization of the two major parties, i.e. PPP and Pakistan Muslim League (N), con- tinued during their respective turns in the opposition. Legislative per- formance of the opposition in this era remained highly deficient. The Human Development in South Asia 1999 report remarks that the oppo- sition parties preferred to embar- rass the government by concentrat- ing on scandals rather than on sub- stantive issues.78 This period witnessed the emergence of a two-party system in the country. The electoral con- test between two leading parties and their respective coalition part- ners resulted in a balance between the treasury and opposition parties within the parliament, which was missing in the two earlier phases of parliamentary democracy. In the 1988 elections, PPP emerged as the single largest party, by securing 94 out of the 217 seats in the National Assembly (excluding the twenty seats reserved for women). Its rival, the IJI (Islami Jamhoori Ittehad), captured 50 seats. The IJI represented the largest ever parliamentary opposi- tion in the National Assembly.79 After the dismissal of the PPP government in August 1990, elec- tions were held under caretaker arrangements in October 1990. The IJI captured 106 seats against PPP's 45. In the 1993 elections, PPP emerged as the single largest party, with PML (N) in second place. However, in the 1997 elec- tions, PML (N) secured a two- thirds majority in the National Assembly, setting a record in the electoral history of the country. “This period witnessed the emergence of a two-party system in the country. The electoral contest between two leading parties and their respective coalition partners resulted in a balance between the treasury and opposition parties within the parliament, which was missing in two earlier phases of parliamentary democracy. ”
35 Political Parties in Pakistan This paper contends that the institution of political parties has lost the trust of people globally, as evident from the declining voter turnouts and membership of parties in many countries. Unlike Pakistan, however, this declining trend in western democracies was preceded by successive decades of high voter turnouts and high levels of party membership. But such a golden era of political parties was never expe- rienced in Pakistan. The first ever national elections on the basis of adult franchise were held in 1970, twenty-three years after the establishment of Pakistan. The second general elections were held in 1977, but became controver- sial. The third national elections were held in 1985, though on a non- party basis. Thereafter, four general elections were held in quick succes- sion, between 1988 and 1997. Only the 1970 elections regis- tered a high turnout of 63.42%. Since then, voter turnout dropped significantly, and has fluctuated within a lower range of turnout in all the elections held during 1988- 97. Besides, there has been a decline over this period in the outreach of political parties in urban Pakistan. These downward trends notwith- standing, the relevant framework for the study of political parties in Pakistan is not the one time record high electoral turnout of 1970, but more appropriately the broad pat- terns resulting from the interplay between the state and political par- ties. In 57 years of Pakistan's exis- tence, political parties have ruled in three spells for only 27 years. The remaining 30 years fell under either military rule or quasi-democratic dispensation with very limited space for political parties. Nine out of the twelve national legislatures were prematurely dissolved. Nine provincial governments were dis- missed between 1947 and 1954. From 1951 to 1958, Pakistan had two Governor-Generals and one Commander-in-Chief, while seven Prime Ministers tumbled in quick succession. Four political governments were prematurely dismissed between 1988 and 1999. These gov- ernments lasted for one year and eight months in 1988, two years and nine months in 1990, three years and one month in 1993 and two years and eight months in 1997. Just one elected government in Pak- Conclusions “Four political governments were prematurely dismissed between 1988 and 1999. These governments lasted for... ”
istan's history could complete its constitutional terms of office from 1971 to 1977. Thus political parties never had the chance to learn the art of gover- nance by staying in office long enough. Nor could the opposition parties play their due role in a sus- tained democratic process. Hence, political parties in Pakistan largely operated while out of power as an oppositional force, in an anti-system framework. There could be three possible causes for the premature dismissal of political parties in Pakistan: first, a weak and unaccountable party sys- tem; second, the President's arbi- trary use of discretionary power to dismiss governments; and third, the absence of independent institutions of accountability. Political parties could be held primarily responsible only if given an unhindered opportunity to imple- ment their policies and complete their constitutional term in office. Charges of corruption and misrule, the typical justification in Pakistan for dismissals, also come up against political governments in other coun- tries including established democra- cies. But there are impartial institu- tions, rules and conventions to check and punish corruption in high offices, something that is missing in the case of Pakistan. Instead of developing impartial institutions and traditions for such accountability, the experience in Pakistan is one of endless constitu- tional and legal engineering aimed at muzzling the opposition at the cost of the rule of law and judicial independence. Whenever com- plaints of corruption and misrule piled up against a political govern- ment, the whole system was dis- mantled. No doubt, political parties have lacked accountability, trans- parency and internal democracy. But this has not been the principal cause for their dismissals. The primary problem in Pak- istan is not of weak and unaccount- able parties, but the absence of democracy, denial of space to polit- ical parties to function both in gov- ernment and as opposition. Besides keeping them out of power, political parties have also been prevented from contesting even when elec- tions were held. Conditions preva- lent in Pakistan have greatly retarded not only the growth of political parties, but also political leadership and a healthy political culture. A restrictive legal regime, marked by bans, disqualifications, victimizations, and even banish- ments, has resulted in low institu- tional development in political par- ties and localization of politics based on beraderi, caste and ethnic groupings at the cost of countrywide and all-inclusive political forma- tions. To make things worse, fac- tions and client groups have been promoted to weaken and fragment the larger political parties with nationwide following. Besides these state-level struc- tural constraints, the presently weak, unaccountable, non-transparent, undemocratic, overly centralized and highly personalized party struc- tures also contribute to the acute weakness of political parties in Pak- istan. 36 Political Parties in Pakistan
At the level of the State Public Funding of Political Par- ties: This already exists in sev- eral countries, based on the assumption that political parties perform an important public ser- vice. Government funding of political parties provides a level playing field for parties, and also supports development of parties that are weak and under-funded. Public subsidies also help limit the need for donations from unlawful sources and prevent corruption in party fundraising. Such a system in Pakistan, if properly institutionalized, can promote political mobilization and participation of many dor- mant groups, especially the edu- cated middle class; strengthen an accountable, responsible and ser- vice-oriented political culture; and help check existing corrup- tion in political financing - often at very heavy cost to public resources . Capacity Building of Politi- cal Parties: Modernization and professionalization of political parties is increasingly necessary in this age for effective democra- tic participation, promotion of capable leadership and good gov- ernance. Political parties in Pak- istan, however, are particularly deficient on these counts. Both public interest and democratic development in Pakistan demands that political parties undergo a long-term, continuing and multi- dimensional capacity building through trainings, research, man- agement and information skills, etc. This requires input both from outside and within political par- ties for their capacity building. Space for Opposition Par- ties: Both democracy and good governance require effective par- ticipation of the opposition. How- ever, opposition parties in Pak- istan have generally been denied their legitimate space in and out- side parliament. Inter-Parliamen- tary Union (IPU), an international body of parliaments of the world, has issued Guidelines on the Rights and Duties of the Opposi- tion in Parliament, which were unanimously adopted at a Parlia- mentary Seminar in 1999. Those guidelines can help formulate necessary rules in Pakistan. The following aspects of the Guide- lines are very relevant in Pak- istan’s context: The opposition shall be entitled to be represented, proportion- ate to its numbers, on each par- liamentary committee and sub- committee. The opposition shall be entitled to a number of standing com- mittee chairmanships propor- 37 Political Parties in Pakistan Recommendations
tionate to its numbers. The chairmanship of the com- mittee responsible for bud- getary matters shall go ex offi- cio to the opposition. The opposition must be repre- sented in any select committee competent to exercise oversight over secret activities, regard- less of their nature. At the level of Political Parties Internal Democracy and Transparency: It is critically important that political parties in Pakistan should establish mecha- nisms for internal democracy and transparency in the party struc- ture. In this regard, the following measures are particularly impor- tant: Holding of periodic elections where party members can freely and independently choose their leaders at central, provincial and national levels. Allow and encourage their members to express their opin- ions freely and be tolerant of different views. Hold leaders accountable to members and supporters. Selection of leadership for pub- lic offices should be made more participatory involving mem- bers of the party. Strengthening of Local Party Organizations: Political parties in Pakistan should devolve more authority from party headquarters to local branch offices in order to improve decision-making and also accountability to the constituents. Ethical Standards and Disci- pline: There is a need for political parties in Pakistan to institutional- ize a variety of measures to pro- mote ethical conduct among their members, leaders, and candidates, and to punish those who engage in unethical behaviour or violate the laws of the party. For example, parties can come out with codes of conduct, written regulations, rein- forcing preventive measures, such as training, procedures for enforcement, particularly moni- toring and evaluation, and disci- plinary processes. This would greatly help in the development of political leadership, which can ful- fill public expectations of high morality and honesty. At the level of Civil Society Political party development requires extensive engagement of the civil society. The experience of other countries shows that civil society has played a crucial role in recent years in political party reforms, legislative advocacy and training and research. Civil soci- ety in Pakistan may, therefore, undertake the following: Extensive engagement in advo- cacy for political party reforms. Monitoring of party policy in the form of manifestoes and statements, etc., on issues of public importance. Playing the role of watchdog on the performance of political parties in the legislature. Protection of the legitimate rights of opposition parties in and outside parliament. 38 Political Parties in Pakistan
39 Political Parties in Pakistan 1 NDI, A Guide to Political Party Development, Washington, NDI, 2001. p. 3. 2 Ibid., preface. 3 Ibid., p. 6. 4 Ibid. 5 Ibid., p. 3. 6 NDI, Political Parties and the Transition to Democracy, Washington, NDI. p. 4. 7 Khan, Zafarullah, Struggling for Survival: State of Political Parties in Pakistan, p. 17. 8 Manikas, Peter M. and Thornton, Laura L., Political Parties in Asia: Promoting Reform and Combating Corruption in Eight Countries, Washington, NDI, 2003. p. 14. 9 Ibid., p. 13. 10 Ibid., p. 15. 11 Ibid. 12 Ibid., p. 25. 13 Ibid., p. 27. 14 http://magnet.undp.org/Docs/parliaments/governing%20system.htm 15, 16, 17 Ibid. 18 Lipset, Seymour Martin, "The Indispensability of Political Parties", Journal of Democracy, January 2000. p. 48. 19 Inter-Parliamentary Union, Guidelines on the Rights and Duties of the Opposition in Parliament. Unanimously adopted by the participants at the "Parliamentary Seminar on Relations Between Majority and Minor- ity Parties in African Parliaments". May, 1999. pp. 17-19. 20 Diamond, Larry, Developing Democracy: Towards Consolidation, Bal- timore, The Johns Hopkins University Press, 1999. p. 1. 21 Cited in Diamond, Larry, Developing Democracy: Towards Consolida- tion, Baltimore, The Johns Hopkins University Press, 1999. p. 1. 22 The third wave of democracy also reached Pakistan around the same time with the restoration of democracy in Pakistan and holding of party- based elections in November 1988. 23 Cited in Diamond, Larry, Developing Democracy: Towards Consolida- tion, Baltimore, The Johns Hopkins University Press, 1999. pp. 1-2. 24 Cited in Diamond, Larry, Developing Democracy: Towards Consolida- tion, Baltimore, The Johns Hopkins University Press, 1999. p. 1. 25 Diamond, Larry, "Is Pakistan The (Reverse) Wave of Future?", Journal of Democracy, July 2000. p. 92. Notes and References
40 Political Parties in Pakistan 26 Ibid. 27 Diamond, Larry and Gunther, Richard, Political Parties and Democ- racy, The Johns Hopkins University Press, London, 2001. p. ix. 28 Ibid. 29 UNDP, Human Development Report: Deepening Democracy in Frag- mented World, New York, Oxford University Press, 2002. pp. 69. 30 Ibid. 31 Manikas, Peter M. and Thornton, Laura L., Political Parties in Asia: Promoting Reform and Combating Corruption in Eight Countries, Washington, NDI, 2003. p. 5. 32 Bari, Sarwar, "Declining Voter Turnout", The News, Januray 6, 2002. 33 Bari, Sarwar, "Sociology of Party Politics", The News, February 1, 2003. 34 Ibid. 35 NDI, Strengthening Political Party Systems Panel: Report to the Com- munity of Democracies Non-Governmental Forum, Seoul, November 10- 12, 2002. 36 Dippell, Matt, The Role of Civil Society and Political Parties in a Democracy, National Democratic Institute of International Affairs. Pre- sentation to Special Commission on Inter-American Summits Manage- ment, Washington DC, Febraury 12, 2000. 37 Ibid. 38 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 671. 39 Ibid., 672. 40 Shah, Aqil, "Pakistan's Armored Democracy", Journal of Democracy, Volume 14, Number 4, October 2003. p. 28. 41 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 684. 42 Ibid., p. 682. 43 Ibid., p. 686. 44 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 819. 45 Ibid. 46 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 21. 47 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 284. 48 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 21. 49 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 216. 50 Ibid. 51 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 21 52 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi,
41 Political Parties in Pakistan Oxford University Press, 2001. pp. 288-9. 53 Ibid., 622. 54 Ibid., 684. 55, 56, 57, 58 Ibid. 59 Ibid., p. 687. 60 National Accountability Bureau, Annual Report 2003, Islamabad, National Accountability Bureau, March 2004. p. 20. 61 Khan, Zafarullah, Struggling for Survival: State of Political Parties in Pakistan, Islamabad, Liberal Forum Pakistan, 2002. p. 3. 62 The Mahbubul Haq Human Development Centre, Huamn Development in South Asia 1999: The Crisis of Governance, Karachi, Oxford Univer- sity Press, 1999. p. 61. 63 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, National Commission on Historical and Cultural Research, 1976. p. 211. 64 Ibid. 65 Waseem, Mohammad, "Why Political Parties are Weak", Dawn, Octo- ber 29, 2000. 66 Ibid. 67 Zafarullah Khan, Struggling for Survival; State of Political Parties in Pakistan, Islamabad, Liberal Forum Pakistan, 2002. p. 5. 68 The Mahbubul Haq Human Development Centre, Huamn Development in South Asia 1999: The Crisis of Governance, Karachi, Oxford Univer- sity Press, 1999. p. 59. 69 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, National Commission on Historical and Cultural Research, 1976. pp. 185-189. 70 Ibid. 71 Afzal, Rafique, Political Parties in Pakistan 1947-1958. National Commission on Historical and Cultural Research, Islamabad, 1976. p. 88-89. 72 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, National Commission on Historical and Cultural Research, 1976. pp. 185-189. 73 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 25. 74 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, National Commission on Historical and Cultural Research, 1976. pp. 21-22. 75 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 39. 76 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. pp. 468. 77 Ibid., pp. 525-7. 78 The Mahbubul Haq Human Development Centre, Huamn Development in South Asia 1999: The Crisis of Governance, Karachi, Oxford University Press, 1999. p. 59. 79 Mahmud, Safdar, Pakistan: Political Roots and Development, 1947-1999, Karchi, Oxford University Press, 2000. p. 389.
42 Political Parties in Pakistan Larry Diamond and Richard Gunther, Political Parties and Democracy, The Johns Hopkins University Press, 2001. Richard Gunther, Jose Ramon Montero and Juan J. Linz, eds., Political Parties: Old Concepts and New Challenges, Oxford, Oxford University Press. O.P.,Ralhan ed., Encyclopedia of Political Parties: India, Pakistan and Bangladesh, New Delhi, Anmol Publishers Pvt Ltd, 1996. George, E. Delury, ed., World Encyclopedia of Political Systems and Parties (2nd Edition), New York, Facts on File Publications, 1987. UNDP, Human Development Report: Deepening Democracy in Frag- mented World, New York, Oxford University Press, 2002. National Democratic Institute of International Affairs (NDI), Guide to Political Party Development, Washington, NDI, 2001. Peter M. Manikas and Laura L. Thornton, Political Parties in Asia: Pro- moting Reform and Combating Corruption in Eight Countries, Washing- ton, NDI, 2003. National Democratic Institute of International Affairs, Strengthening Political Party Systems Panel, Report to the Community of Democracies Non-Governmental Forum, Seoul, November 10-12, 2002. Zafarullah Khan, Struggling for Survival: State of Political Parties in Pakistan, Islamabad, Liberal Forum Pakistan, 2002. K. K. Aziz, Party Politics in Pakistan 1947-1958, National Commission on Historical and Cultural Research, Islamabad. Rafique Afzal, Political Parties in Pakistan 1947-1958. Vol.1 National Commission on Historical and Cultural Research, Islamabad, 1976. Rafique Afzal, Political Parties in Pakistan, 1958-1969.Vol. 11, National Institute of Historical and Cultural Research, Islamabad, 1987. Suggested Reading
43 Political Parties in Pakistan International Links National Democratic Institute of International Affairs www.ndi.org International Republican Institute www.iri.org National Endowment for Democracy www.ned.org International Institute for Democracy and Electoral Assistance (IDEA) www.idea.int Inter-Parliamentary Union www.ipu.org International Foundation for Election Systems (IFES) www.ifes.org Council of Asian Liberals and Democrats www.cald.org Websites of Political Parties in Pakistan Pakistan Peoples Party www.ppp.org.pk Pakistan Muslim League-Q www.pml.org.pk Pakistan Muslim League-N www.pmlusa.org Mutahida Qaumi Movement www.mqm.org Jamiat -e Ulam-e Islam (F) www.juipak.org Jamaat-e-Islami Pakistan www.jamaat.org Awami National Party www.anp.org.pk Tahreek e Insaf Pakistan www.insaf.org.pk Pakistan Awami Tahreek www.pat.com.pk Sindh National Front snfsindh.netfirms.com Links and Resources
AN ORDER to revise, consolidate and re-enact the law relating to political parties WHEREAS it is intended to create a political environment conducive to the promotion of a federal and demo- cratic system as enshrined in the Constitution; AND WHEREAS political parties play a pivotal role in fostering a constitutional, federal, democratic politi- cal culture; AND WHEREAS the practice of democracy within the political parties will promote democratic governance in the country for sustaining democracy; AND WHEREAS it is expedient to provide for formation and regulation of political parties; AND WHEREAS it is essential to revise, consolidate and reenact the law relating to political parties and mat- ters connected therewith and incidental thereto; AND WHEREAS the Chief Executive is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, and in exercise of all other powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the fol- lowing Order: CHAPTER-I PRELIMINARY 1. Short title, extent and commencement.- (1) This Order may be called the Political Parties Order, 2002. (2) It extends to the whole of Pakistan: (3) It shall come into force at once. 2. Definitions.- In this Order, unless there is anything repugnant in the subject or context,- (a) "Chief Election Commissioner" means the Chief Election Commissioner of Pakistan; (b) "Election Commission" means the Election Commission of Pakistan; Appendix Political Parties Order 2002 Political Parties In Pakistan
Political Parties In Pakistan (c) "foreign-aided political party" means a political party which- (i) has been formed or organised at the instance of any government or political party of a foreign country; or (ii) is affiliated to or associated with any government or political party of a foreign country; or (iii) receives any aid, financial or otherwise, from any government or political party of a foreign country, or any portion of its funds from foreign nationals; (d) "political party" means an association of citizens or a combination or groups of such associations formed with a view to propagating or influencing political opinion and participating in elections for any elective public office or for membership of a legislative body; and (e) "prescribed" means prescribed by rules made under this Order. CHAPTER-II FORMATION OF POLITICAL PARTIES 3. Formation of political parties, etc.- (1) Subject to the provisions of this Order, it shall be lawful for any body of individuals or association of citizens to form, organize, continue or set-up a political party. (2) A political party shall have a distinct identity of its structures at the national, provincial and local levels, wherever applicable. (3) Every political party shall have a distinct name. (4) Notwithstanding anything contained in sub-section (1), a political party shall not - (a) propagate any opinion, or act in a manner prejudicial to the fundamental principles enshrined in the Constitution of the Islamic Republic of Pakistan; or (b) undermine the sovereignty or integrity of Pakistan, public order or public morality or indulge in terrorism; or (c) promote sectarian, regional or provincial hatred or, animosity; or (d) bear a name as a militant group or section or assign appointment titles to its leaders or office-bearers which connote leadership of armed groups; or (e) impart any military or para-military training to its members or other persons; or (f) be formed, organise, set up or convened as a foreign-aided political party. 4. Constitution of political parties.- (1) Every political party, including a political party already in existence, shall formulate its constitution, with whatever name it may be referred, including, inter alia,- (a) the aims and objectives of the party; (b) organisational structure of the party at the Federal, Provincial and local levels, whichever applicable; (c) criteria of membership of the party; (d) membership fee, to be paid by the members;
Political Parties In Pakistan (e) qualifications and tenure of the party leader and other office-bearers of the party; (f) criteria for receipt and collection of funds for the party; and (g) procedure for- (i) election of party leader and other office-bearers at the Federal, Provincial and local levels, wherever applicable; (ii) selection or nomination of party candidates for election to public offices and legislative bodies; (iii) resolution of disputes between members and party, including issues relating to suspension and expulsion of members; and (iv) method and manner of amendments in the constitution of the party. (2) Every political party shall provide a copy of its constitution to the Election Commission. (3) Any change in the constitution of a political party shall forthwith be communicated to the Election Commission, which shall maintain updated record of the constitutions of all the political parties. 5. Membership of political parties.- (1) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party: Provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as a member of the Majlise-Shoora (Parliament) under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law for the time being in force. (2) Where a person joins a political party, his name shall be duly entered in the record of the political party as a member and shall be issued a membership card, or any other document showing his membership of such political party. (3) A person shall not be a member of more than one political party at a time. (4) A member of a political party shall have the right of access to the records of the political party. 6. Membership fee and contributions.- (1) A member of a political party shall be required to pay a membership fee as provided in the party's constitution and may, in addition, make voluntary contributions towards the party's funds. (2) The contribution made by members or supporters of any party shall be duly recorded by the political parties. (3) Any contribution made, directly or indirectly, by any foreign government, multi-national or domes tically incorporated public or private company, firm, trade or professional association shall be pro hibited and the parties may accept contributions and donations only from individuals. (4) Any contribution or donation which is prohibited under this Order shall be confiscated in favour of the State in the manner as may be prescribed. Explanation.- For the purpose of this section, a "contribution or donation" includes a contribution or donation made in cash, kind, stocks, hospitality, accommodation, transport, fuel and provision of other such facilities.
Political Parties In Pakistan 7. Suspension or expulsion of a member.- A member of a political party may be suspended or expelled from the party's membership in accordance with the procedure provided in the party's constitution: Provided that before making an order for suspension or expulsion of a member from the party, such member shall be provided with a reasonable opportunity to show cause against the action proposed and of hearing. 8. Selection for elective offices.- The political parties shall make the selection of candidates for elective offices, including the membership of the Majlis-e-Shoora (Parliament) and Provincial Assemblies, through a transparent democratic procedure. 9. Omitted. 10. Functioning of political parties.- (1) Every political party shall have an elected general council at the Federal, Provincial and local levels, (2) Every political party shall, at least once in a year, convene a general meeting at the Federal, Provincial and local levels of the party, wherever applicable, to which the party members or their delegates shall be invited to participate. (3) A member or group of members of the political party may nominate in writing any other member of the party as a delegate to represent him or them and cast his or their votes in a party meeting. 11. Elections within a political party.- (1) The party leader and other office-bearers of every political party at the Federal, Provincial and local levels, wherever applicable, shall be elected periodically in accordance with party's constitution through secret ballot based on a democratic and transparent system: Provided that a period, not exceeding four years, shall intervene between any two elections. (2) Every member of the political party shall, subject to the provisions of the party's constitution, be provided with an equal opportunity of contesting election for any party office, including that of the party leader. (3) All members of the political party at the Federal, Provincial and local levels shall constitute the electoral college for election of the party general council at the respective levels. 12. Certification by the political party.- (1) The party leader of each political party shall, within seven days from completion of the intra-party elections, submit a certificate under his signatures to the Election Commission to the effect that the elections were held in accordance with the constitution of the party and this Order to elect the party leader and other office-bearers at the Federal, Provincial and local levels, wherever applicable. (2) The certificate referred to in clause (1) shall contain information in respect of- (a) the date of the last intra-party elections; (b) the names, designations and addresses of the party leader and all other office-bearers elected at the Federal, Provincial and local levels, wherever applicable;
Political Parties In Pakistan (c) the election results, including the total number of votes cast and the number of votes secured by each contestant for all of its party offices; and (d) copy of the party's notifications declaring the results of the election. (3) The Election Commission shall publish for public information the certificate including details of elections referred to in clause (2). 13. Information about the sources of party's fund.- (1) Every political party shall, in such manner and in such form as may be prescribed or specified by the Chief Election Commissioner, submit to the Election Commission, within sixty days from the close of each financial year, a consolidated statement of accounts of the party audited by a Char- tered Accountant containing- (a) annual income and expenses; (b) sources of its funds; and (c) assets and liabilities. (2) The statement referred to in clause (1), shall be accompanied by a certificate signed by the party leader stating that- (a) no funds from any source prohibited under this Order were received by the party; and (b) the statement contains an accurate financial position of the party. 14. Eligibility of party to obtain election symbol.- (1) Notwithstanding anything contained any other law for the time being in force, a political party shall be eligible to obtain an election symbol for contesting elections for Majlis-e-Shoora (Parliament) and Provincial Assemblies on submission of certificates and statement referred to in Articles 12 and 13: Provided that a combination of political parties shall be entitled to obtain a common election symbol for such election only if, each party constituting such combination, submits the certificates and statement referred to in Articles 12 and 13. (2) Where any political party or a combination of political parties, severally or collectively, contravenes the provisions of Article 12 or 13, it shall not be entitled to obtain an election symbol for election to the Majlis-e-Shoora (Parliament) or the Provincial Assemblies, and the Election Commission shall not allocate an election symbol to such party or, as the case may be, the combination of political parties for such election. CHAPTER-III DISSOLUTION OF POLITICAL PARTIES 15. Dissolution of a political party.- (1) Where the Federal Government is satisfied that a political party is a foreign-aided party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, it shall make such declaration by a notification in the official Gazette.
Political Parties In Pakistan (2) Within fifteen days of making a declaration under clause (1), the Federal Government shall refer the matter to the Supreme Court whose decision on such reference shall be final. (3) Where the Supreme Court upholds the declaration made against a political party under clause (1), such party shall stand dissolved forthwith. 16. Effects of dissolution of political party.- (1) Where a political party is dissolved under Article 15, any member of such political party, if he is a member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly, shall be disqualified for the remaining term to be a member of the Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly, unless before the final decision of the Supreme Court, he resigns from the membership of the party and publicly announces his disassociation with such political party. (2) A person becoming disqualified from being a member of the Majlis-e-Shoora (Parliament) or Provincial Assembly under clause (1) shall not participate in election for any elective office or any legislative body till the expiry of four years from the date of his disqualification from being a member of the Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly. (3) The order of members of a political party becoming disqualified from being members of Majlis-e-Shoora (Parliament) of the Provincial Assembly on its dissolution shall be notified in the official Gazette. CHAPTER-IV MISCELLANEOUS 17. Intra-party elections for general elections, 2002.- (1) Every political party desiring to take part in general elections, 2002, shall be required to complete its intra-party elections referred to in Article 11 in accordance with the party constitution and this Order by the fifth day of August, 2002, and submit the certificate referred to in Article 12 accordingly. (2) A political party which has already completed intra-party elections, as far as possible, according to the requirements of Article 11, before the commencement of this Order shall submit a certificate to the Election Commission in accordance with Article 12. (3) A party not complying with the provisions of clause (1) and (2) shall not be allotted election symbol for the general elections, 2002. 18. Code of conduct of political parties.- The Election Commission shall, in consultation with the political par- ties, prepare and publish a code of conduct for the political parties. 19. Rules.- The Election Commission may, with approval of the Federal Government, make rules for carrying out the purposes of this Order. 20. Repeal.- The Political Parties Act, 1962 (III of 1962), is hereby repealed.
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Political Parties in Pakistan; A Long Way Ahead

  • 1.
    Political Parties in Pakistan ALONG WAY AHEAD "A country does not have to be judged fit for democracy; rather it has to become fit through democracy." Nobel Laureate Amartya Sen THE NETWORK PUBLICATIONS
  • 5.
    Title: Political Partiesin Pakistan: A Long Way Ahead Author: Nazeer Ahmad All rights reserved. Any part of this publication may be reproduced or translated by duly acknowledging the source. First published August 2004 ISBN 969-8807-05-5 Acknowledgement This publication was made possible with support provided by The Asia Foundation and the U.S. Agency for International Development. The opinions expressed here are those of the author(s) and do not necessarily reflect the views of The Asia Foundation or the U.S. Agency for International Development. Cover designed by Abdul Hameed Layout by Madiha Sandhu Printed in Pakistan by Khursheed Printing Company Limited Zero Point, Islamabad Published by Centre for Democratic Governance The Network for Consumer Protection 40-A Ramzan Plaza, G-9 Markaz, Islamabad, PAKISTAN e-mail: cdg@thenetwork.org.pk websites: www.cdg.org.pk www.thenetwork.org.pk
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    Contents Preface Executive Summary 1 PoliticalParties: Concepts and Processes 3 Defining political parties Functions of political parties Democracy within political parties Legal regime for political parties Importance of local party organization Public funding of political parties Mandatory diclosure of party finances Regulating internal party structures and practices Candidate and leadership selection Ethical standards and discipline Party discipline in parliamentary and presidential systems Role of the opposition Third Wave Democracy: Political Parties in Pakistan 9 Third wave of democracy Third wave and Pakistan Declining faith in political parties State of political parties in Pakistan Need for political party reform Political Parties in Pakistan: 15 Constitutional and Legal Framework Constitutional provisions; restricting the political space Constitutionally protected Executive Orders The Political Parties Order, 2002 Supreme Court decision in Benazir Bhutto case Anti-defection Legislation Military Regimes and Political Parties in Pakistan: 24 Leading Issues Ban on parties and disqualification of politicians Non-party elections and elected bodies De-institutionalization of parties Factionalization of political parties Localization of politics Political Party Reforms: Grey Areas 29 Party funds
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    Internal democracy inpolitical parties Legislative role of political parties Irrelevence of local party branches Opposition Parties: Denial of Legitimate Space 31 Profile of opposition, 1947-1958 Opposition politics, 1971-1977 Opposition-government relations, 1988-1999 Conclusions Recommendations 37 Notes and References Suggested Reading 42 Links and Resources 43 Appendix: Political Parties Order 2002
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    Fifty seven yearsago, when the people of Pakistan won independence from the British, they awaited a great metamorphosis. From being the subjects of a powerful and brutal empire, they were to become citizens of a free country, a homeland that was to be shaped by their dreams and aspirations. Independence, however, soon turned into a "false dawn" and people realized that it meant little more than a change of masters. The promise of equi- table development and democratic rule in the country has eluded the people ever since, with the ruling elite faithfully sticking to its colonial mindset and methods of subjugation. As the world discovers the importance of good governance in solving some of the most pressing problems confronting the developing world, the civil society in Pakistan is also increasing its involvement with key pub- lic issues. It is cognizant of the fact that meaningful development effort must pay attention to issues of public policy, governance and citizen's rights. Moreover, "good politics" must precede and reinforce good governance. This paper is fifth in the series of publications intended to contribute to the larger civil society struggle for realizing the cherished dream of development and democracy. These publications are aimed at raising people's awareness on vital political, social and economic issues. They seek to break the silence, ignite public debate and open a serious dialogue, thereby strengthening the demand for democracy and good governance. A key message of this paper is that although democracy is on the rise, political parties are declining every where - not at all a positive trend in the long run. In Pakistan’s chequered political history, political parties could not institutionalize. A striking contradiction in political parties in Pakistan is their internal deficiencies and unde- mocratic structures and practices, even though the same parties fight for - or seem to struggle for - democracy in the country. Even more ironic, the founding party of Pakistan has become a commodity readily available to the military rulers for political maneuverings and extending their political legitimacy. The result is obvious, increasing dis- enchantment with political parties and decreasing turnouts - 63.42% in the 1970 elections and 41.8% in the October 2002 elections. This paper presents the global trends of declining faith in political parties and then traces social, political and legal backgrounds of the development - or lack of it - of political parties in Pakistan. It underlines the grey areas from the point of view of reforms in political parties, ranging from sources of funds to internal practices. The paper builds a case for public funding for parties, as in many other countries, along with several other rec- ommendations. The paper is authored by Nazeer Ahmad, an accomplished researcher and analyst on the region. I have no doubt that the paper will become an important source of reference on political parties and democratic develop- ment in Pakistan. I appreciate the partnership and support of The Asia Foundation for this project, and hope that it will mark the beginning of a long association. The project team led by Zaigham Khan has done a commendable job and I congratulate him and his project colleagues, Raja Ehsan Aziz, Mohammad Najeeb, M.Y. Khan, Haniya Aslam, and Madiha Sandhu. We are also thankful to SDDP (Supporting Democratic Development in Pakistan) project partners who contributed in the initial discussions that brought clarity to our efforts. Dr. Zafar Mirza Executive Coordinator The Network fro Consumer Protection Preface
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    1 Political Parties inPakistan Two simultaneous but contra- dictory trends are discernible in the contemporary world. First, the number of democracies has been on the increase continuously for the past three decades; and sec- ond, the institution of the political party is on the decline. This is true of developing as well as devel- oped democracies. Since the third wave of democracy began in 1974, the number of democracies in the world has multiplied. The democ- ratizing trend started in Southern Europe in the 1970s, and spread to Southern Africa, East, South East, and South Asia in the 1980s. The late 1980s saw a surge of political transitions in Eastern Europe and the former Soviet Union, and a trend towards democracy in Cen- tral America. Finally, the democ- ratic trend spread to Africa in the 1990s. Parallel to the third wave of democracy, there is the opposite global trend of declining faith in political parties. Voter turnout and popular attachment with political parties is on the decrease in both the established and developing democracies. In Pakistan, voter turnout has dropped by 21.6% between the 1970 and the October 2002 elections, besides an increased decline in urban voting, as against rural voting, and a sig- nificant decline in party outreach across the cities. Without denying the need for political party reforms in Pak- istan, it ought to be noted that the problem confronting Pakistan through its history is not primarily that of a weak party system, but the absence of democratic dispen- sation - resulting in the denial of space to political parties to func- tion, both in office and as opposi- tion. Thus, the downward trend in voter turnout and political parties' urban outreach notwithstanding, the relevant framework for the study of political parties in Pak- istan is not the one-time record high electoral turnout in 1970, but the broad patterns resulting from the interplay between the state and political parties. Pakistan has had three spells of democratic rule: the first in 1947-1958; the second in 1971- 1977; and the third in 1988-1999. Thus, in Pakistan's 57 years of history, political parties were in power for only 27 years. The remaining 30 years have either been of military rule, or quasi- democratic dispensation, allowing very limited space to political par- ties. From 1951 to 1958, seven Prime Ministers were removed, while Pakistan had only two Gov- ernor-Generals and one Comman- der-in-Chief. From 1985 to 1999, all five prime ministerial tenures were aborted through premature dismissal of their governments. Executive Summary “...the problem confronting Pakistan through its history is not primarily that of a weak party system, but the absence of democratic dispensation - resulting in the denial of space to political parties to function, both in office and as opposition. ”
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    2 Political Parties inPakistan “At the level of the state, the requisite space should be created for the opposition parties... At the level of political parties, internal democracy andtransparency... At the level of the civil society, extensive engagement with political parties, monitoring of party performance ” Nine national legislatures were dismissed prematurely out of the twelve that have been established thus far. In such circumstances, politi- cal parties cannot learn the art of governance unless they are allowed to remain in office. How- ever, only one elected government in Pakistan's history could com- plete its constitutional term, from 1971 to 1977. The ruling and the opposition parties alike require a democratic setting to play their respective roles. But political par- ties in Pakistan have mostly oper- ated out of power, as an opposi- tional force in an anti-system framework, and often under highly repressive conditions. Restrictions on political par- ties have adversely impacted their institutional growth in Pakistan. Factions and client groups were created to weaken larger parties with nationwide following, result- ing in localization of politics based on beraderi (family and kinship network), caste and ethnic groups at the cost of nationwide and all-inclusive political forma- tions. There are also problems relat- ing to the internal workings of political parties. Most parties lack internal democracy. The process of periodic and transparent inter- nal party elections is not estab- lished. Nor do parties in Pakistan play their due legislative role, owing to the lack of in-house training and research. Parties are also under-funded and rely on exclusive interests for their fund- ing. Most fundraising is done at the centre rather than at the local level, with the result that parties are highly centralized. Another problem pertains to the civilian political governments' obsession with creating a domi- nant party system. Thus parties in power tend to disallow legitimate space to those in the opposition. Pakistan has witnessed bans on activities of political opponents, dismissal of opposition govern- ments in the provinces and vic- timization of opposition politi- cians and political activists under political governments. Reforms pertaining to politi- cal parties are needed at three dif- ferent levels. At the level of the state, the requisite space should be created for the opposition par- ties to contribute to the strength- ening of democracy and good governance. Public funding of political parties, especially the smaller parties, will help provide a level playing field among the parties and mobilize the other- wise dormant middle class groups. The state should also assist in capacity building of the parties. At the level of political par- ties, internal democracy and transparency, strengthening of local party organizations, and observance of ethical standards and party discipline are needed. At the level of the civil society, extensive engagement with polit- ical parties, monitoring of party performance, playing the role of watchdog and protecting the legitimate rights of the opposition are necessary.
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    3 Political Parties inPakistan Contemporary debate on democracy, development and gov- ernance does not adequately high- light the importance of political parties. However, a lot of attention has been paid to the role of civil society, legislature, media and decentralization of authority. Given the pivotal importance of political parties in the establishment and consolidation of democracy, there is a need to revisit some concepts relating to the institution of politi- cal parties. Defining Political Parties A political party is a group of citizens organized to seek and exer- cise power within a political sys- tem. All parties participate to some extent in the exercise of political power, whether through participa- tion in government or by perform- ing the role of opposition. Parties are the vehicles by which citizens come together freely to campaign for public office to win a majority of seats in a legislative body, to express their interests and needs, as well as their aspirations for the society in which they live.1 Functions of Political Parties As a vitally indispensable institution in a democracy, politi- cal parties fulfill a number of inter- related functions critical to demo- cratic governance. Basic functions of political parties include:2 Aggregating and representing societal interests. Contesting and winning elec- tions, in order to seek a mea- sure of control over govern- ment institutions. Providing policy alternatives. Promoting and training politi- cal leaders who will assume a role in governance. Democracy within Political Parties In a political party, however, democracy will not flourish merely because it is proclaimed. In fact, internal party democracy can be compromised by such factors as: Insular management and com- munication structures. Lack of leadership change. Marginalized party members. Sometimes these factors create a situation in which a few individ- uals dominate party affairs, without proper regard for members, in Political Parties Concepts and Processes “As a vitally indispensable institution in a democracy, political parties fulfill a number of interrelated functions critical to democratic governance. ”
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    4 Political Parties inPakistan shaping a party's policies.3 A party's commitment to democratic principles should be reflected not only in its written con- stitution, but also in the day-to-day interaction between leaders and members. That is, a party must be committed to practicing democratic behaviour.4 A democratic party will: Allow members to express their views freely. Promote the membership of women. Encourage participation by all members. Be tolerant of different ideas. Abide by agreed upon rules and procedures of decision-making. Hold leaders accountable to members and supporters. Legal Regime for Political Parties In most countries, political parties are required to fulfill cer- tain obligations for official regis- tration and recognition, including a minimum level of membership, a written constitution and platform, and the election of party officials.5 Importance of Local Party Organization It has been emphasized time and again that local party organi- zations are significant for strength- ening the political party system. Foundation First is the motto that party leaders and organizers should keep in mind when they seek to build a successful party. A signifi- cant portion of a party's time, attention and money should be directed at the local level. Ulti- mately, the strength and stability of a national political party, and the success of its candidates for elec- tive office at every level, are closely linked to the number of active and enthusiastic party mem- bers and supporters at the local level. The local base of a political party, just like the roots of a tree, must be strong if the party is to grow and succeed.6 Public Funding of Political Parties There is an increasing trend of institutional provision of public funding for political parties. In Australia, Canada, Germany, Israel, South Africa, Sweden and Zimbabwe, political parties get state funding. In Germany, Israel, South Africa, Sweden and Zim- babwe, political parties also get Party Operating Expenses. In a few other countries, including Aus- tralia, Canada and the United States, individual candidates also get public funds to realize their dreams of a political career.7 Government funding of politi- cal parties or candidates serves many objectives. One central aim is to level the playing field for par- ties by ensuring more equal access to funding. Particularly for smaller parties, state funds are often the main source of financing, essential for the party to run even a modest campaign. In addition, government funds can support party develop- “In Germany, Israel, South Africa, Sweden and Zimbabwe, political parties also get Party Operating Expenses. In a few other countries, including Australia, Canada and the United States, individual candidates also get public funds... ”
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    5 Political Parties inPakistan “Political party reform should also include enhanced democracy and transparency in the selection of both candidates for public office and party officials. Political parties, even in developing countries, challenge the leadership-driven and top-down practices... ” ment in places where political par- ties are traditionally weak and under-funded. Furthermore, public subsidies are used for seeking to limit the need for donations from unlawful sources and to prevent corruption in the fundraising process.8 Mandatory Disclosures of Party Finances Mandatory disclosure of party finances contributes to greater transparency in the political process, providing the public with the ability to understand and mon- itor the affiliations, interests and resources of parties. When the public has access to a party's finan- cial dealings, citizens can more effectively keep a check on the party's behaviour and provide incentives for keeping the party’s affairs above board.9 Regulating Internal Party Structures and Practices Laws regulating political par- ties sometimes require parties to adopt specific internal structure and practices. Several countries require an external audit of party finances, and parties must provide balance sheets of revenues and expenditures to the government or an independent watchdog body. In several countries these audits are made available to the public.10 Some laws mandate that par- ties have specific election and decision-making procedures to enhance internal party democracy. Parties may be required to have certain party posts, committees, and meetings, such as annual gen- eral assemblies. A few countries reserve the right to review the con- stitutions of parties to ensure they are in line with certain principles. Although the intention of these laws is usually to improve the democratic character of political parties, in some instances the restrictions are viewed as govern- ment control, which can be abused in a partisan manner.11 Candidate and Leadership Selection Political party reform should also include enhanced democracy and transparency in the selection of both candidates for public office and party officials. Political par- ties, even in developing countries, challenge the leadership-drive top- down practices of the past by involving more members, and in some cases the public, in the deter- mination of party representation. A recent study undertaken in eight Asian countries contends that very few countries still allow a small number of key leaders to determine all the candidates for elections or select officials for party posts. Internal party elections have become the most common process for determining both candidates and party leaders. The breadth of participation in these elections varies from the entire membership of the party to the central commit- tee members.12
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    6 Political Parties inPakistan Ethical Standards and Discipline Political parties are required to employ a variety of measures to promote ethical conduct among their members, leaders, and candi- dates, and to punish those who engage in unethical behaviour or violate the laws of the party. In some countries, parties have codes of conduct and written regulations, while in others there are reinforc- ing preventive measures, such as training, as well as procedures for enforcement, namely evaluation, monitoring, and disciplinary processes.13 Party Discipline in Parliamentary and Presidential Systems Party discipline, simply defined, refers to the practice of legislators voting with their parties. It is typically stronger in parlia- mentary systems than in presiden- tial because the executive requires majority party cohesiveness for its own survival. In countries that are undergoing the transition to a two- party or multi-party system - whether presidential, hybrid or par- liamentary - party discipline may be generally weak owing to the fact that parties may be newer, they may lack a strong internal structure and constituent base, or lack expe- rience in operating in a multi-party legislature.14 Parliamentary System Parliamentary systems in developed countries are character- ized by parties that are highly structured and tend toward unified action, block voting and distinct party platforms. This party disci- pline is required in parliamentary systems primarily because devia- tion from the party line could result in bringing down the government. Parliamentary systems require that “Parliamentary systems in developed countries are characterized by parties that are highly structured and tend toward unified action, block voting and distinct party platforms. This party discipline is required in parliamentary systems primarily because deviation from the party line could result in bringing down the government. ”
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    7 Political Parties inPakistan the executive and legislative mem- bers agree upon issues, lest it forces the dissolution of the gov- ernment. In addition, majority par- ties in parliamentary systems are perceived by voters to have a man- date to run the country. Therefore, each party may develop a system of punishments and rewards. Indi- vidual members of the legislature who deviate from a party vote may be punished by exclusion from their party within parliament or may not be nominated by the party in the subsequent election.15 Similarly, opposition parties theoretically want to maximize their power in a system dominated by the majority by voting as a block and diffusing internal dis- sent. Opposition party discipline is more likely if the party or parties perceive that they can eventually gain a majority. Consequently, for both majority and minority parties in parliament, important policy decisions are made within party structures such as caucuses (party conventions to nominate candi- dates or decide on voting), rather than within the legislature itself. Obviously, it is not possible for the legislature and executive to be controlled by different parties in a parliamentary system.16 Presidential System Parties in presidential systems tend to be less structured than those in parliamentary systems. Failure to vote with one's party does not threaten to bring the gov- ernment down. Therefore, mem- bers of the legislature have rela- tively more freedom to identify with regional, ethnic, economic or other divisions when considering policy issues. This tendency is strengthened in presidential sys- tems - such as in the US - that also employ a first-past-the-post elec- toral system. Since they are usu- ally directly elected and identifi- able with particular districts or regions, many members see a duty to their constituents (in a district or state) as the first priority, with alle- giance to a party and its platform as secondary. While legislators are under some pressure to vote with their party, particularly on impor- tant issues, the consequences of not doing so are not as serious to the individual legislator and to the system. Because legislatures and executives are elected separately and often for different terms, it is not uncommon for them to be con- trolled by different parties.17 Role of the Opposition The existence of an opposi- tion - in essence, an alternative government - acts as a restraint on those in power. An opposition seeks to limit the resources avail- able to officeholders and to enlarge the rights available to those out of power. Over time, in both new and revived democra- cies, conflict between the govern- ing and opposition parties helps establish democratic norms and rules.18 The Geneva-based Inter-Par- liamentary Union unanimously adopted Guidelines on the Rights and Duties of the Opposition in Parliament in May 1999.19 The guidelines inter alia provide that: “The existence of an opposition - in essence, an alternative government - acts as a restraint on those in power. ”
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    8 Political Parties inPakistan From the Geneva-based Inter-Parliamentary Union Guidelines on the Rights and Duties of the Opposition in Parliament, 1999: Parliament must accommodate the participation of all peo- ple in homogenous as well as heterogeneous societies in order to safeguard diversity, pluralism and the right to be different in a climate of tolerance. Hence the importance of political forces and individuals representing the opposition being able to participate in the work of the parliament should be recognized. This will require recognition of and respect for human rights in general as well as for their spe- cific rights and duties. The opposition in parliament is a necessary and indispens- able component of democracy. For it to be effective, how- ever, the government and society at large must accept the essentials of parliamentary democracy. The primary func- tion of the opposition is to offer a credible alternative to the majority in power. Moreover, by overseeing and criticizing the action of the government, it works to ensure trans- parency, integrity and efficiency in the conduct of public affairs and to prevent abuses by the authorities and individ- uals, thereby ensuring the defense of the public interest. Indeed, the opposition contributes to the promotion and defense of human rights and fundamental freedoms, thus helping to ensure that democracy functions properly.
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    9 Political Parties inPakistan Two simultaneous but contra- dictory political trends are visible in the contemporary world. First, the number of democracies has consistently been on the increase for the past three decades. Second, the institution of political parties is on a continuous decline. This phe- nomenon is true for both the devel- oped and developing democracies. In the case of Pakistan, however, experiments in democracy and its consolidation have been aborted by repeated military interventions. Consequently, the institution of political parties remains weak and mired in problems. This is being experienced in an era of democra- tic resurgence, characterized as the third wave of democracy. Third Wave of Democracy Since the April 25, 1974 coup in Portugal, when young army offi- cers toppled the half century old dictatorship, unleashing revolu- tionary upheaval and long sup- pressed social and political forces, the number of democracies in the world has multiplied dramatically. Before the start of this global trend, there were about forty democracies. The number increased moderately through the late 1970s and early 1980s, as sev- eral states underwent transition from authoritarian - predominantly military - to democratic rule. In the mid-1980s, the pace of global democratic expansion accelerated markedly. By the end of 1995, there were as many as 117 democ- racies, or as few as 76, depending on how one counts.20 In a seminal formulation, Samuel P. Huntington called this post-1974 period the third wave of global democratic expansion and has underlined its importance in terms of regional and international demonstration effects.21 This democratizing trend began in Southern Europe in the mid 1970s, spread to military regimes of South Africa in the late 1970s and early 1980s, and reached East, South East, and South Asia by the mid to late 1980s.22 The end of the 1980s “First, the number of democracies has constantly been on the increase since the last three decades. Second, the institution of political parties is on a continuous decline. ” Third Wave of Democracy Political Parties in Pakistan
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    10 Political Parties inPakistan saw a surge of transitions from communist authoritarian rule in Eastern Europe and the former Soviet Union, and the trend towards democracy in Central America as well. Finally, the democratic trend spread to Africa in the 1990s.23 Huntington defines a 'wave of democratization' simply as a group of [democratic] transitions… that occur within a specified period of time and that significantly outnum- ber transitions in the opposite direction during that period. He identifies two previous waves of democratization: a long, slow wave from 1828 to 1926, and a second, post-World War II wave, from 1943 to 1964. Each of the two waves ended with a reverse wave of democratic breakdowns (1922-42 and 1961-75), in which some but not all of the new (or re- established) democracies col- lapsed. Each reverse wave signifi- cantly diminished the number of democracies in the world but left more democracies in place than had existed prior to the start of the democratic wave.24 Third Wave and Pakistan It is instructive to see how Pakistan's experience relates to the third wave of global democracy. To begin with, the struggle for the creation of Pakistan was essen- tially a democratic movement. Unlike many liberation move- ments, Pakistan won independence through the assertion of popular will and the power of the ballot, and not any violent or revolution- ary means. Given this historical background, democracy remains embedded in people's popular imagination. Even though Pakistan has had four military interventions in its 57 years history, each mili- tary rule ultimately submitted to the popular will and resulted in elections and a revival of democ- racy. Interspersed with these four military regimes, there have been three spells of democratic rule: first, from 1947 to 1958; second, from 1971 to 1977; and third, from 1988 to 1999. The third period of democracy surely falls within the ambit of Huntington's third wave of democracy. The reversal of democracy in Pakistan in 1999 came as a major set-back to the global wave of democratization, observes Larry Diamond in the Journal of Democ- racy. The coup in Pakistan was viewed as the single most serious reversal of democracy during the third wave. Pakistan was not only the largest, but also by far the most strategically influential country to have suffered a democratic break- down.25 This reversal of democracy in Pakistan is generally blamed on widely percieved corruption and misrule of political goverments. Referring to the democratic era of 1988-99, Diamond comments that democratic Pakistani governments were manifestly corrupt and abu- sive; the country witnessed repeated alternation in power between two political parties that had each mobilized substantial - though declining - popular sup- port. The damage done to these “This reversal of democracy in Pakistan is generally blamed on widely percieved corruption and misrule of political goverments... Diamond comments that democratic Pakistani governments were manifestly corrupt and abusive... ”
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    11 Political Parties inPakistan democratic institutions and norms, state capacity, public services, and civil society, first by successive authoritarian regimes and then by 11 years of corruption and misrule under the alternating elected gov- ernments of Benazir Bhutto and Nawaz Sharif, had been too great.26 Declining Faith in Political Parties Coupled with the third wave of global democratization, there is also a contradictory global trend of declining faith in political parties. It is indeed an ironic and worri- some twist in the third wave of global democratization. In the past quarter-century, democracy has spread around the world to an unprecedented degree. The level of civil and political freedoms is, on average, the highest in history. Authoritarian ideologies have waned, and therefore no form of government other than democra- cies have commanded any signifi- cant legitimacy. Yet there is sub- stantial and growing dissatisfac- tion with many specific institutions of democracy, and no single insti- tution is held in greater disrepute than the political party.27 Even more clear and striking have been the partisan attachments in con- temporary societies. In almost all the advanced industrial democra- cies, the proportion of the popula- tion identifying with a political party has declined in the past quar- ter-century, as has the strength of party attachments.28 Both election turnout and party membership are visibly on the decline in western democra- cies. The Human Development Report 2002 has brought out data on both the indices. The represen- tative process appears to be in cri- sis even in well-established democracies. Thus, in the United States, the turnout of registered voters in presidential elections fell from 96% in 1960 to 51% in 2000, and in the United Kingdom, for parliamentary elections, the voter turnout fell from 78% in 1992 to 59% in 2001.29 In France, Italy, Norway and the United States, party member- ship is half (or less) of what it was 20 years ago. According to recent surveys in Latin America and Cen- tral and Eastern Europe, people have far less confidence in politi- cal parties than they do in the church, the armed forces or televi- sion.30 The state of political parties in Asia is not very different from that in western democracies. In a recent study, the National Democratic Institute of International Affairs (NDI) has noted that throughout Asia, entrenched corruption has led to public disillusionment in many institutions, but political par- ties have especially become a tar- get of criticism. Distrust in parties and their leaders on the issue of reform has been justified too often. Parties have demonstrated little interest in stamping out corruption, promoting accountable gover- nance, and advocating greater transparency in the public sys- tem.31 State of Political Parties in Pakistan Voter turnout and popular “...people have far less confidence in political parties than they do in the church, the armed forces or television... Parties have demonstrated little interest in stamping out corruption, promoting accountable governance, and advocating greater transparency... ”
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    12 Political Parties inPakistan attachment with political parties are on the decline in Pakistan, par- ticularly in the cities. Since the first ever general elections on the basis of adult franchise in 1970, a decline in voter turnout can be wit- nessed in successive elections. The total voter turnout in elections in Pakistan has dropped by 21.62% from the 1970 to the October 2002 elections (see Table 1). In each of the provinces, the turnout has dropped between 1970 and 2002: by 22.49% in Punjab, 21.86% in Sindh, 13.24% in NWFP and 11.14% in Balochistan.32 Apart from the declining voter turnouts, a recent study shows dif- ference in turnout between rural and urban areas of the country. In rural Punjab, for example, the turnout has consistently been higher by nearly 10% than in the cities. The study also observes a significant decline in the number of party chapters across the cities of Pakistan.33 Political parties tra- ditionally maintained informal party offices called baithaks (sit- ting rooms) in cities. There were about 320 party offices at ward (locality) level in Multan city alone, and 34 in Islamabad in the 1970s. The study finds that in Mul- tan and Islamabad, political baithaks have already vanished.34 Need for Political Party Reform An NDI report states that in many areas of the world today, political parties are facing a crisis of public confidence due to their organizational and political short- comings. Political parties are per- ceived as ineffective, corrupt and out-of-touch with their constituen- cies. They lack credibility and often fail to attract young leader- ship to their ranks. At the same time, public support has risen for independent candidates, special interest parties and anti-party 1970 1985 1988 1990 1993 1997 2002 % % % % % % % No. of voters NWFP 48.09 40.63 33.92 35.7 34.59 27.8 34.85 3,087,448 FATA NA 73.25 77.75 59.7 61.8 33.7 25.53 327,772 Islamabad NA 65.35 57.91 57.3 57.51 46.1 51.28 196,698 Punjab 68.63 60.14 46.49 49.6 47/07 39.8 46.14 19,035,539 Sindh 60.08 44.38 42.38 43.3 28.23 31.3 38.22 6,177,787 Balochistan 40.56 36.33 25.69 29.2 24.96 23.2 29.42 1,004,219 Total 63.42 53.69 43.07 45.5 40.28 35.4 41.8 29,829,463 Table 1: Voters Turnout in Elections, 1970-2002 Source: Key Findings of The Pre and Exit Poll Survey Research: Elections 2002, Pattan Development Organization, Islamabad, 2002, p. 45 based on Pakistan Election Commission data. “Political parties are perceived as ineffective, corrupt and out-of-touch with their constituencies. ”
  • 21.
    13 Political Parties inPakistan movements. This crisis poses a sig- nificant threat to democratic devel- opment.35 Whatever the reason, the problems confronting political par- ties have an impact on democratic systems as a whole. The absence of effective political parties creates a void that is often filled by populist demagogues. A dysfunctional party system can also lead to calls for "direct" democracy that under- mines mediating institutions like the parliament, which serves as a foundation for representative gov- ernment.36 In these circumstances, the need for political party reform has been emphasized by both acade- mics as well as the international development community. The situ- ation has brought home the cen- trality of political party building, an often misunderstood and under- utilized element of democracy building.37 Graph: Voters Turnout: Elections in Pakistan, 1970-2002 Source: Key Findings of The Pre and Exit Poll Survey Research: Elections 2002, Pattan Development Organization, Islamabad, 2002, p. 45 based on Pakistan Election Commission data. 1970 1985 1988 1990 1993 1997 2002 70 60 50 40 30 20 10 0 %Voterturnout Voter Turnout in Pakistan: Elections, 1970-2002 Years “The absence of effective political parties creates a void that is often filled by populist demagogues. A dysfunctional party system can also lead to calls for "direct" democracy that undermines mediating institutions like the parliament... ”
  • 22.
    14 Political Parties inPakistan Source: Key Findings of The Pre and Exit Poll Survey Research: Elections 2002, Pattan Development Organization, Islamabad, 2002, p. 45 based on Pakistan Election Commission data. Pakistan Punjab NWFP Sindh Balochistan1970 Voter Turnout 2002 Voter Turnout %ageDropinvoterturnout Drop in Voter Turnout 1970/2002 70 0 50 60 20 80 10 40 30 Bar Chart: Drop in Voter Turnout, Elections 1970/2002
  • 23.
    15 Political Parties inPakistan While allowing the right to association, the existing constitu- tional and legal framework in Pak- istan puts many restrictions and limitations on political parties. Article 17 of the Constitution pro- vides that every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan, public order or morality. However, constitu- tional amendments and executive orders included in the sixth sched- ule of the Constitution have con- siderably restricted the space for political parties in the country. The first and fourth constitu- tional amendments, the Revival of Constitutional Order (RCO), 1985, the Legal Framework Order (LFO), 2002, the Conduct of Gen- eral Elections Order, 2002 and the Qualification to Hold Public Offices Order, 2002 have sought to limit and qualify the activities of political parties. The Political Parties Order (PPO) 2002 (see Appendix) pro- vides for the formation and the regulation of political parties, and lays down an elaborate framework for the functioning of political par- ties. The requirement for registra- tion of political parties existed since 1979, but was struck down by the Supreme Court in 1988. Though the word registration is not used in PPO 2002, political parties must obtain an election symbol to be eligible. A party failing to meet the criteria is not allotted a symbol. Judicial precedents are also very important in interpreting the Constitution and deciding on the constitutionality of executive orders. In Benazir Bhutto's case, the Supreme Court waived the requirement of registration of political parties in 1988. This is one of the most important deci- sions of the superior judiciary, which upheld the political rights of association and formation of polit- ical parties. Given Pakistan's parliamen- tary system of government, an anti-defection legislation was enacted in 1987 by amending the Political Parties Act, 1962. In 1997, an anti-defection clause was instituted in the Constitution in the form of the fourteenth amendment, and the LFO 2002 further improved upon it. Constitutional Provisions; Restricting the Political Space The first constitutional amendment provides that no state employee can either form a politi- “...the existing constitutional and legal framework in Pakistan puts many restrictions and limitations on political parties... constitutional amendments and executive orders included in the sixth schedule of the Constitution have considerably restricted the space for political parties in the country. ” Political Parties in Pakistan Constitutional and Legal Framework
  • 24.
    16 Political Parties inPakistan cal party or become its member. The constitutional ban on state employees to form, or become members of, a political party, is rather uncommon elsewhere in the world. However, there are various statutory and regulatory regimes in different countries, prescribing dif- ferent kinds of limitations on state employees. The first constitutional amendment also provided that if the Federal Government declared any political party had been formed or was operated in a man- ner prejudicial to the sovereignty and integrity of Pakistan, it would refer the matter within fifteen days of such a declaration to the Supreme Court. The fourth consti- tutional amendment includes the sovereignty or integrity of the country in the list of grounds for reasonable restrictions imposed on freedom of association. The LFO 2002 further amends Article 17 and lays down that no political party shall promote sec- tarian, ethnic and regional hatred or animosity, be titled or consti- tuted as a militant group or section, and that every political party shall hold intra-party elections. Hence, Article 17, which theoretically guarantees freedom of association, is the most amended constitutional provision on fundament rights. The Revival of the Constitu- tional Order (RCO), 1985 brought about a large number of qualifica- tions and disqualifications for the membership of parliament. Origi- nally, the constitution provided for a few qualifications, which included the requirements of citi- zenship and minimum age. The disqualifications provided origi- nally in the Constitution were also few, which included insanity, insolvency, termination of citizen- ship, and the holding of office of profit (paid position) in the service of Pakistan. The RCO made wholesale additions to these quali- fications.38 The qualifications added under Article 62 of the Consititu- tion require a candidate for the parliament to be someone: (a) Of good character and not commonly known as one who violates Islamic injunctions; (b) With adequate knowledge of Islamic teachings and prac- tices and obligatory duties prescribed by Islam as well as abstaining from major sins; (c) Sagacious, righteous, non- profligate, honest, and ameen (trustworthy); (d) With no criminal conviction involving moral turpitude or for giving false evidence; and (e) After the establishment of Pakistan, has not worked against the integrity of the country or opposed the ideol- ogy of Pakistan. The disqualifications added under Article 63 require a candi- date for the parliament: (a) Not to be propagating any opinion, or acting in any “The LFO 2002 further amends Article 17 and lays down that no political party shall promote sectarian, ethnic and regional hatred or animosity, be titled or constituted as a militant group or section, and that every political party shall hold intra-party elections... ”
  • 25.
    17 Political Parties inPakistan manner prejudicial to the ide- ology of Pakistan, or the sov- ereignty, integrity, or security of Pakistan, or the mainte- nance of public order, or the integrity or independence of judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the armed forces of Pakistan; or (b) Not to have been, on convic- tion of any offence which in the opinion of the Chief Elec- tion Commissioner involved moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his/her release; or (c) Not to have been dismissed from the service of Pakistan on the ground of misconduct, unless a period of five years has elapsed since his/her ser- vice; or (d) Not to have been removed or been compulsorily retired from the service of Pakistan on the ground of misconduct unless a period of three years has elapsed since his/her removal or compulsory retire- ment; or (e) Not to have been in the ser vice of Pakistan or any statu- tory body or any body which is owned or controlled by the government or in which the government has the control- ling share and interest, unless a period of two years has elapsed since he ceased to be in such service; or (f) Not to have been found guilty of a corrupt or illegal prac tice under any law for the time being in force, unless a period of five years has elapsed from the date of such conviction; or (g) Not to have been convicted under Section 7 of the Politi- cal Parties Act, 1962, unless a period of five years has elapsed from the date of such conviction; or (h) Not to have, whether by him- self or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, any share or interest in a contract, not being a contract between a cooperative society and government, for the supply of goods to, or for the execution of any contract or for the per- formance of any service undertaken by government. While some of these qualifi- cations and disqualifications are specific and can be adjudicated upon, others are so general that if they are strictly applied, hardly anyone would qualify.39 The LFO 2002 further rein- forces the limitations on becom- ing a member of parliament by adding/substituting the following disqualifications: “While some of these qualifications and disqualifications are specific and can be adjudicated upon, others are so general that if they are strictly applied, hardly anyone would qualify. ”
  • 26.
    18 Political Parties inPakistan (a) Conviction by a court of com- petent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force. (b) Conviction and sentence of imprisonment for having absconded by a competent court under any law for the time being in force. (c) Non-payment of loan for an amount of two million rupees or more, from any bank, financial institution, cooper- ative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off. (d) Default in payment of gov- ernment dues and utility expenses, including tele- phone, electricity, gas and water charges in excess of ten thousand rupees, for six months, at the time of filing his/her nomination papers. Constitutionally Protected Executive Orders The Conduct of General Elec- tions Order, 2002 stipules the qual- ification of graduation for the first time in the electoral history of the country. It provides that a person shall not be qualified to be elected or chosen as a member of the par- liament or provincial assemblies unless he is at least a graduate pos- sessing a bachelors degree in any discipline or any degree recog- nized as equivalent by the Univer- sity Grants Commission, under the University Grants Commission Act, 1974, or any other law in force at the time. This qualifica- tion, according to European Com- mission observers, denied 96 per- cent of all voters their right to run for office in Pakistan.40 The Qualification to Hold Public Offices Order, 2002, bars a person from holding the office of Prime Minister or Chief Minister more than twice. It applies even to cases where a prime minister or chief minister might not have com- pleted a full term of office. The Political Parties Order, 2002 The Political Parties Order, 2002 was promulgated on June 28, 2002 to provide for the formation and regulation of political parties. It repealed the Political Parties Act, 1962. The Order lays down the following requirements for political parties: 1. Every political party shall have a distinct name. 2. Every political party shall formulate its constitution with whatever name it may be referred. 3. Every political party shall provide a copy of its constitu- tion to the Election Commis- sion. 4. A member of a Political Party “It provides that a person shall not be qualified to be elected or chosen as a member of the parliament or provincial assemblies unless he is at least a graduate... accord- ing to European Commission observers, this denied 96 percent of all voters their right to run for office in Pakistan. ”
  • 27.
    19 Political Parties inPakistan is required to pay a member- ship fee. 5. Any contribution or donation made in cash, kind, stocks, hospitality, accommodation, transport, fuel and provision of other such facilities by any foreign government, multi- national or domestically incorporated public or private company, firm, trade and pro- fessional association shall be prohibited. 6. Suspension or expulsion of a member of a political party should be preceded by a rea- sonable opportunity to show cause against the action pro- posed and of hearing. 7. The selection of candidates for elective offices, including the membership of parliament and provincial assemblies, should be made through a transparent democratic process. 8. The party leader of each political party shall, within seven days from completion of the intra-party elections, submit a certificate under his/her signatures to the Elec- tion Commission to the effect that the elections were held in accordance with the constitu- tion of the party. 9. Every political party is required to submit to the Election Commission within sixty days from the close of each financial year, a consol- idated statement of accounts of the party audited by a Chartered Accountant. 10. A political party shall only be eligible to obtain an election symbol for contesting elec- tions for parliament and “Any contribution or donation made in cash, kind,...by any foreign government, multi-national or domestically incorporated public or private company, firm, trade and professional association shall be prohibited. ”
  • 28.
    20 Political Parties inPakistan provincial assemblies when it submits certificates of intra- party election and the party's sources of funds. 11. Where the Federal Govern- ment is satisfied that a politi- cal party is a foreign-funded party or has been formed or is operating in a manner preju- dicial to the sovereignty and integrity of Pakistan or is indulging in terrorism, it shall make such declaration by a notification in the official Gazette. The govern- ment shall refer the matter within 15 days to the Supreme Court whose deci- sion on such reference shall be final. 12. The Election Commission shall in consultation with the political parties prepare and publish a code of conduct for the political parties. Supreme Court decision in Benazir Bhutto Case The Political Parties Act, 1962, was amended to provide for the registration of political parties in 1979. Later, the requirement of registration was relaxed. How- ever, some political parties remained unregistered, while very few smaller parties got registered. Further amendments were made in the Political Parties Act, 1962, in January 1985, before the general elections of February 1985. The amendments were seemingly designed to keep the Pakistan People's Party (PPP) from participating in the elections. Thus, for instance, the amend- ments provided that any person who had at any time, after Decem- ber 1, 1971, been an office-bearer or even a member of the executive committee at the national or provincial set-up of a political party which had neither been reg- istered nor declared eligible to participate in elections by the Election Commission by October 11, 1979, would not be qualified to be elected for a period of seven years, or chosen as a member of the parliament or provincial assemblies.41 Benazir Bhutto, the co-chair- person of PPP, challenged all such offending provisions of the Politi- cal Parties Act as being unconsti- tutional and in violation of the fundamental right of freedom of association under the Constitu- tion. A constitutional petition was filed directly before the Supreme Court in its original jurisdiction under article 184 (3) of the Con- stitution.42 The Supreme Court held in no uncertain terms that the Consti- tution guaranteed every citizen (not in the service of Pakistan) the right to form a political party, and could only be subject to reason- able restrictions imposed by the law in the interest of the sover- eignty or integrity of Pakistan. On the question of rendering accounts for audit, the Court held that this could not be regarded as an unreasonable restriction or out- side the ambit of Article 17. Regarding the inclusion of the expression 'security of Pak- “The Supreme Court held in no uncertain terms that the Constitution guaranteed every citizen (not in the service of Pakistan) the right to form a political party, and could only be subject to reasonable restrictions imposed by the law in the interest of the sovereignty or integrity of Pakistan. ”
  • 29.
    21 Political Parties inPakistan istan' in addition to other expres- sions used in the Political Parties Act, it held that the inclusion of this expression was a constraint on the 'freedom of association' beyond the scope of Article 17. This expression was not used in Article 17 and, therefore, its inclu- sion in the Political Parties Act was a violation of Article 17, and hence void. Compulsory registration of political parties was also declared a violation of Article 17, as it placed unreasonable restrictions on the exercise of a fundamental right - since it was not simply reg- istration, but was also accompa- nied by penal consequences. The Court also observed that the power of cancellation of registration, vested in the Election Commis- sion, was without any safeguards and entirely at the discretion of the Election Commission, and no rem- edy had been provided against its decisions. Hence, the court con- cluded that it constituted an unrea- sonable restriction on the right to form associations.43 However, the inclusion of the terms Islamic ideology, morality and maintenance of public order were upheld for the reason that these formed a part of and were inherently included in the expres- sions "sovereignty" and "integrity" of Pakistan used in Article 17 of the Constitution. Anti-Defection Legislation The problem of party defec- tions and floor crossing had assumed an alarming proportion since 1985, after the restoration of parliament. Provincial govern- ments were overthrown and the federal government had immense difficulty in running the affairs of the state, and ensuring smooth sailing in the House due to fre- quent switching of loyalties by a large number of legislators. The first measure to end defections was taken by the Junejo government in 1986. The Political Parties Act, 1962, was amended to provide for an anti-defection clause. It stipulated that if a mem- ber of the House (of parliament or a provincial assembly), having been elected as a candidate or a nominee of a political party, or having become a member of a political party after such election, defected, or withdrew himself/her- self from the political party, he/she would stand disqualified from being a member of the House for the un-expired period of his/her term. The question of his/her dis- qualification would be determined by the Election Commission on a reference by the leader of the par- liamentary party to which he/she belonged. In order to put an effective end to defections, the fourteenth constitutional amendment was unanimously passed by the parlia- ment and instituted in the Consti- tution on July 3, 1997, after Presi- dential assent. The fourteenth amendment added Article 63-A to the Consti- tution, providing that if a member of the Parliament or a Provincial Assembly defects, then the head of the political party to which he/she belongs, or on whose ticket he/she “The first measure to end defections was taken by the Junejo government in 1986. The Political Parties Act, 1962, was amended to provide for an anti-defection clause... In order to put an effective end to defections, the fourteenth constitutional amendment was unanimously passed... ”
  • 30.
    22 Political Parties inPakistan was elected, may serve the mem- ber show cause notice within seven days to explain why action should not be taken to disqualify him/her from membership. After the show cause notice, the discipli- nary committee of the party decides whether the matter pertains to a breach of party discipline, such as a violation of the party constitu- tion, code of conduct, or declared policies. In case of a decision against such a member, he/she can appeal to the head of the party, whose decision is then final.44 In case a member votes con- trary to any direction issued by the parliamentary party to which he/she belongs, or abstains from voting against party policy in rela- tion to any Bill, the head of the party concerned, after examining his/her explanations, determines whether or not such a member has defected. The decision is sent to the presiding officer of the House to which the member concerned belongs, who then conveys it within two days to the Chief Elec- tion Commissioner (CEC). The CEC in turn gives effect to the decision within seven days. The action of the party head cannot be challenged before any court, including the Supreme Court or a High Court.45 The Legal Framework Order (LFO) issued by the government in August 2002, now validated by the seventeenth constitutional amend- ment, substitutes Article 63-A with a new version of the anti-defection clause. The new version provides that if a member of a parliamentary party composed of a single politi- cal party in a House resigns from membership of his political party, or joins another party, or votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he /she belongs, in relation to (1) the “The new version provides that if a member of a parliamentary party composed of a single political party in a house resigns from membership of his political party, or joins another party, or votes or abstains from voting in the house contrary to any direction issued by the parliamentary party to which he/she belongs... may be declared to have defected from the political party... ”
  • 31.
    23 Political Parties inPakistan election of the Prime Minister or Chief Minister, (2) a vote of confi- dence or no confidence for the leader of the House, or (3) a money bill, he/she may be declared to have defected from the political party, in writing, by the head of the parliamentary party. The head of the parliamentary party may accordingly forward a copy of the declaration to the presiding officer, and also to the member concerned. Before making such a declara- tion, however, the head of the par- liamentary party shall provide such a member an opportunity (show cause) to explain why such a decla- ration should not be made against him. The presiding officer of the House shall, within two days of the receipt of the declaration, refer the same to the Election Commission. The Commission shall decide, con- firming the declaration or other- wise, within thirty days. If the Election Commission confirms the declaration, the member shall lose membership of the House and his seat shall become vacant. Any party aggrieved by the decision of the Election Commis- sion may, within thirty days, file an appeal to the Supreme Court, which shall decide on the appeal within three months. Although defections in politi- cal parties had become a problem and needed to be addressed, the remedy offered in the fourteenth amendment went beyond the scope of the problem. The fourteenth amendment silenced any dissent within political parties, rather than just ending defections. Notably, voting within the party on a bill or abstention from voting on a bill is not unusual in established democ- racies, and has never been equated with defection. The new version of the defec- tion clause provided a solution. Defection is now limited only to votes of confidence or no confi- dence for the leader of the House, and voting on money bills. It also provides relief to the defector, by the provision of an appeal to the Supreme Court, which was denied in the fourteenth constitutional amendment. It can be argued that after the introduction of the anti-defection clause in the Constitution, the defections have generally been checked. However, the spate of defections witnessed after the 2002 elections are rooted in extra-consti- tutional mechanisms, wherein the anti-defection clause was held in abeyance despite partial restoration of the Constitution on November 16, 2002. “Although defections in political parties had become a problem and needed to be addressed, the remedy offered in the fourteenth amendment went beyond the scope of the problem... ”
  • 32.
    24 Political Parties inPakistan Political Parties in Pakistan have operated under structural constraints. Saeed has pointed out that the organization of political parties was prevented through executive decrees and martial law regulations.46 Military takeovers have generally resulted in bans on political parties, or in witch-hunts of politicians. Ban on Parties and Disqualification of Politicians The October 7, 1958 declara- tion of martial law banned all political parties. General Ayub Khan issued an ordinance again on May 10, 1962, banning the revival of organizations for political pur- poses until the National Assembly had had the time to examine the question of political parties and had legislated upon them. The order prohibited the setting up of political organizations, as well as the collection of funds for them, and the acquisition or ownership of property by such organizations. It was also provided that no asso- ciation of persons, with or without an organizational structure, could call itself by any of its former party names.47 In March 1959, the military regime introduced the Public Offices (Disqualification) Order, (PODO). By invoking PODO, the regime sought to silence political leaders.48 Another law was promulgated for the disqualification of politi- cians who, like public servants, had to be subjected to enquiries by tribunals, to be appointed by the President or a Governor. This law, Elective Bodies (Disqualification) Order, 1959 (popularly known as EBDO), defined misconduct of a politician as meaning any subver- sive activity, preaching of any doctrine or committing an act which contributed to political instability, corruption, or if he had a general or persistent reputation for favouritism, nepotism, willful maladministration, willful misap- plication or diversion of public money, and any other abuse of power or position. The reach of the law was very wide because elective bodies included any assembly, board, or committee of which the constituent members were chosen by means of election, and included legislatures, munici- pal bodies, cantonment boards, Military Regimes and Political Parties in Pakistan Leading Issues “Under this evidently harsh law, several leading politicians like Suhrawardy, Qayyum Khan, and Ayub Khuro were disqualified, or EBDOed. ”
  • 33.
    25 Political Parties inPakistan district boards, and so on.49 Under this evidently harsh law, several leading politicians like Suhrawardy, Qayyum Khan, and Ayub Khuro were disquali- fied, or EBDOed. The law, partic- ularly its application, was severely criticized in legal and political circles throughout Pak- istan. There is little doubt that in the application of the law and the proceedings of the tribunals, politicians of national standing and sound reputation were delib- erately humiliated.50 With this order more than 6000 persons who held public offices or posi- tions were debarred from party politics.51 The Political Parties Act, 1962, providing for the formation and regulation of political parties, received the President's assent on July 16, 1962. This law prevented those disqualified under the Elec- tive Bodies Disqualification Order, 1959 (EBDO), from partic- ipating in political activities, and it gave the government the author- ity to declare others ineligible, should they engage in activities considered detrimental to the health and security of the nation.52 While declaring martial law on July 5, 1977, General Zia announced the holding of elec- tions within ninety days, which were scheduled to be held on October 18, 1977. The promised elections were postponed on October 1, 1977. All political activities in the country were banned. General Zia announced that the process of accountability would be completed first and then a new date for polls would be fixed.53 The Political Parties Act, 1962, was amended in 1979, pro- viding for political parties to sub- mit their accounts to the Election Commission and to apply to it for registration. A political party which failed to do so could not conduct any political activity. Later, the requirement of registra- tion was relaxed. Instead of regis- tration, the Election Commission satisfied itself by circulating a questionnaire to political parties and receiving their responses. However, a number of political parties remained unregistered, including the PPP, and only a few minor political parties were regis- tered. General Zia's objective was to keep the PPP out of the general elections proposed to be held in 1979. However, Zia once again postponed general elections, this time indefinitely.54 Further amendments were made to the Political Parties Act, 1962, in January 1985, before the general elections of February 1985. The amendments provided that any person who had at any time after December 1, 1971, been an office-bearer or even a member of the executive committee at the national or provincial set-up of a political party which had neither been registered nor declared eligi- ble to participate in elections by the Election Commission by October 11, 1979, would not be qualified for a period of seven years to be elected or chosen as a member of parliament or a provin- cial assembly. However, members “...politicians of national standing and sound reputation were deliberately humiliated. With this order more than 6000 persons who held public offices or positions were debarred from party politics. ”
  • 34.
    26 Political Parties inPakistan of the Federal Council (Majlis-e- Shura), hand-picked by General Zia, were not to be affected by the aforesaid disqualification.55 It was further provided that any person who has been a federal minister, or minister of state, an advisor or provincial minister, at any time between December 1, 1971 and July 5, 1977 (during Z. A. Bhutto's regime) would not be qualified for a period of seven years to be elected as a member of parliament or a provincial assem- bly. These provisions clearly and manifestly ensured that the entire leadership of the PPP was disqual- ified from being elected to the par- liament or the provincial assem- blies.56 Benazir Bhutto, as co-chair- person of PPP, challenged all such restricting provisions of the Politi- cal Parties Act as unconstitutional and in violation of the fundamen- tal right of freedom of association under the constitution.57 As men- tioned already, the Supreme Court clearly held that the Constitution guaranteed every citizen (if not in service of Pakistan) the right to form a political party, and could only be subject to reasonable restrictions imposed by the law in the interest of the sovereignty or integrity of Pakistan. Compulsory registration of political parties was declared as a violation of Article 17 of the Constitution for placing unreasonable restrictions on the fundamental right of association, accompanied by penal conse- quences.58 The Supreme Court announced its above judgment on June 20, 1988, when General Zia was still alive. It was a clear rebuff to Zia, who had dissolved the National Assembly on May 29, 1988, dismissed the Junejo Gov- ernment, and announced that elec- tions would be held on a non-party basis.59 The military takeover of October 1999 resulted in another phase of accountability in the country. The National Account- ability Bureau (NAB) was estab- lished to prosecute cases of cor- ruption. Initially, it was perceived that the process of accountability might result in punishing real cul- prits and would remain even- handed. However, it gradually transpired that the politicians sid- ing with the regime were not hounded any more. According to the NAB Annual Report for 2003, from 1999 to 2003, investigations were authorized against 302 politi- cians, and completed in only 116 cases. Investigations were sanc- tioned against a mere 21 personnel of the armed forces, only 6 of which have so far been com- pleted.60 Non-party Elections and Elected Bodies To de-politicize the associa- tional realms and further render political parties irrelevant to the state, successive military regimes came out with non-party basis elections. Interestingly, local body elections held during the eras of General Ayub, General Zia and General Musharraf were all non- party based; two general elections in Pakistan were also held on a “The National Accountability Bureau (NAB) was established to prosecute cases of corruption... However, it gradually transpired that the politicians siding with the regime were not hounded any more. ”
  • 35.
    27 Political Parties inPakistan non-party basis. De-institutionalization of Parties Successive military govern- ments adopted a policy of de-insti- tutionalization of political parties. Consequently, the institutional core of the political culture gave way to a relatively non-institu- tional approach to politics. Politi- cal parties, as an important institu- tion, have been replaced by local, communal and constituency-based patterns of politics. A party’s man- ifesto, policy, past performance and leadership are no long as important a determinant of politics as it used to be in pre-military political periods. Factionalization of Political Parties The phenomenon of factional- ization is not limited to Pakistan alone. There are other countries as well where parties have split into many factions. However, in the case of Pakistan, calculated pro- motion of factionalism made them irrelevant to the political process. Successive military govern- ments adopted a strategy to fac- tionalize the political community. An obvious product of this strat- egy is the emergence of multiple factions and leaders. During the martial law under General Zia, the process of factionalization of political parties became particu- larly pronounced. PPP, JUI and JUP were split into factions. The break-away factions were either sympathetic with the regime, or at least not too critical of it. The mil- itary government during 1999- 2000 furthered the process, fac- tionalizing PPP, PML and ANP. According to 2002 statistics on political parties with the Elec- “Successive military governments adopted a strategy to factionalize the political community. An obvious product of this strategy is the emergence of multiple factions and leaders. ” No Year Elections 1 1959-60 Local Government Elections (Basic Democrats) 2 1962 National and West Pakistan Assembly Elections 3 1964 Local Government (Basic Democrats) 4 1979 Local Government (Local Bodies) 5 1983 Local Government (Local Bodies) 6 1985 National and Provincial Assemblies 7 1987 Local Government (Local Bodies) 8 1991 Local Government (Local Bodies) 9 2001 Local Government Table 2: Non-party based Local and National Elections Source: Wilder, Andrew R., The Pakistani Voter: Electoral Politics and Voting Behaviour in the Punjab, Oxford University Press, Karachi, 1999.
  • 36.
    28 Political Parties inPakistan tion Commission of Pakistan, all the major parties have more than one faction. Six factions of the Pakistan Muslim League quali- fied for elections in 2002, while the documents of another six fac- tions were rejected. Four factions of JUP and three factions of PPP also qualified.61 This pattern contributed to the erosion of mainstream politi- cal parties. Given the importance of nation-wide parties which help mainstream different ethnic groups, communities and classes, this factionalization does not augur well for the political sta- bility and integrity of the country. Localization of Politics One of the patterns in the contemporary political profile of the country is the element of localization of politics. The Octo- ber 2002 elections witnessed public campaigns, which were largely devoid of national issues. The logic of beradari (family and kinship networks) and commu- nity-based voting was the main determinant of the election out- come. Local patronage has always been an important deter- minant in voting, but broader issues of public policy too have some relevance, even though these have been totally overtaken by the former. Another aspect of localiza- tion of politics is found in the institutional mechanisms of the administrative set-up in district governments. The elected local administration is supposedly non- party. It reinforces the de-institu- tionalization of politics, includ- ing de-legitimization of party politics at the local level. “The October 2002 elections witnessed public campaigns, which were largely devoid of national issues. The logic of beradari (family and kinship networks) and community-based voting was the main determinant of the election outcome... Another aspect of localization of politics is found in the institutional mechanisms of the administrative set-up in district governments. ”
  • 37.
    29 Political Parties inPakistan There are areas intrinsic to the internal workings of political par- ties in the country, which lie in the domain of political party reform. Unfortunately, political parties in Pakistan have yet to realize the importance of political party reforms not only for the develop- ment of political parties, but also for the consolidation of democ- racy in Pakistan. The role of political parties has been unenviable due to a lack of institutional profundity, the chronic problem of defection, cor- rupt practices in pursuit of cam- paign financing, as well as the absence of open and accountable activities of office holders.62 Party Funds Disclosure of party funds and transparency in the financial deal- ings of the party is an important area in terms of the institutional integrity of political parties. The comments pertaining to the 1947- 58 period still hold, that parties generally desist from disclosing their income and expenditure. K. K. Aziz observed many years ago that parties in Pakistan did not dis- close their sources of funds, and therefore it is difficult to comment upon the problem of party finance and its implications for party structure.63 It is a fair guess that much more money is collected at the centre than in the districts, with the result that political parties tend to be more centralized. More money is donated by prosperous industrialists and landlords than by common members through nor- mal subscriptions, which makes parties more subservient to their wealthy patrons, and more divorced from their own rank and file.64 Another issue is the paucity of funds for political parties. Waseem observes that parties are weak in Pakistan because they lack finan- cial resources. Electoral candi- dates are relatively strong because they don't depend on their respec- tive parties for campaign funding. Conversely, in established democ- racies, party funding plays a sig- nificant role in shaping politics along the lines of organization- based policy preferences.65 Unless parties in Pakistan engage themselves in fundraising activities, they will continue to woo local influentials for support. Thus, certain parties have indeed been able to give tickets for elec- tions to political non-entities because of their wealth, and have still managed to win seats. Gen- uinely representative leadership will only be elected when a party has high institutional integrity, credible intellectual inputs, and an Political Party Reforms Grey Areas “Genuinely representative leadership will only be elected when a party has high institutional integrity, credible intellectual inputs, and an independent fund-raising programme. Most parties in Pakistan have a long way to go in this direction. ”
  • 38.
    30 Political Parties inPakistan independent fund-raising pro- gramme. Most parties in Pakistan have a long way to go in this direction.66 Internal Democracy in Political Parties The tradition of periodic and transparent elections in political parties is not established as yet in Pakistan. Intra-party elections are a legal requirement, as provided in the Political Parties Order, 2002. However, fourteen political parties got their top leadership elected "un-opposed", after the imposition of the conditionality of intra-party elections in the Political Parties Order, 2002. Only the Awami National Party (ANP) and a cou- ple of religious parties refused to hold fresh elections, maintaining that their incumbent office-bearers were already elected in valid elec- tions within the party.67 Legislative Role of Political Parties An important task for political parties is to prepare themselves for their legislative roles. Parties in Pakistan are ill-equipped to pro- vide in-house training and research facilities to their legislators. It is due to this lack of party priority that we find poor performance among legislators in areas of legis- lation and oversight of the execu- tive. In Pakistan, legislation was relegated to a secondary position soon after independence as the first Constituent Assembly met for only fifty-one days a year for seven years. The situation had not changed till Pakistan's third phase of parliamentary democracy. Com- menting on the period between 1985-99, the Human Development in South Asia 1999 report noted that today, the Prime Minister and his/her cabinet colleagues hardly attend parliamentary proceedings. The report further observed that since the restoration of multi-party democracy in Pakistan, less than seventy parliamentary sessions have been held, lasting less than three weeks on average.68 Irrelevance of Local Party Branches There is an absence of a nat- ural process of political leadership formation. The parties in Pakistan do not encourage party workers to develop into leaders and politi- cians. Political parties do not have any hierarchical pattern whereby local leaders could gradually move upward through the district, provincial and national levels. The input of local branches of the party in policy issues is minimal. Party policies are generally formulated at the top level and in a highly per- sonalized and individualized man- ner. “The parties in Pakistan do not encourage party workers to develop into leaders and politicians... The input of local branches of the party in policy issues is minimal. ”
  • 39.
    31 Political Parties inPakistan Parties wielding governmen- tal power often deny legitimate space to opposition parties in the country. Treatment of the opposi- tion in Pakistan typically includes a ban on activities of political opponents, dismissals of opposition-controlled provincial governments, victimization of opposition politicians and other draconian measures. Profile of Opposition (1947-58) The opposition in Pakistan was very weak and insignificant in the early years of its political history. However, opposition parties gradually gathered momentum. The only significant opposition party in the early years was the Pakistan National Congress (PNC), consisting of former Congress members from East Pakistan. But its activities were primarily confined to the Constituent Assembly, where it had 11 members out of a total of 69 members (later raised to 79) in the House. Their loyalty to Pakistan often came to be ques- tioned when they criticized the mounting defense expenditure. The communal nature of political parties virtually precluded any possibility of the Congress (PNC) gaining political support.69 It is primarily due to the absence of an effective opposi- tion that we find a one-party rule well entrenched in the political system. In the first seven years after independence, when the Muslim League held unchal- lenged sway, the opposition was neither sizeable nor strong enough to influence policy-mak- ing. In that period of recurring crises, the rush of refugees, the Kashmir problem, Jinnah's death, and Liaqaut Ali's assassination, and tremendous enthusiasm for the newly-won country, criticism of the government was some- times equated with treason. The only significant contribution of the opposition in the early years was its effective opposition to the Objective Resolution in 1949.70 Muslim opposition parties began to emerge when signs of dissension and disintegration appeared in the Muslim league ranks. By the end of 1949, Pun- jab had 13 recognized opposition parties, nine of which had been set up by former Leaguers. Over- all, there were nearly twenty par- ties functioning in Pakistan at that time, and the Pakistan Mus- lim League had declared that membership of any of these was incompatible with its own mem- bership. The religious parties, with the exception of the Jamaat-i- Islami, and later the East Pak- Opposition Parties Denial of Legitimate Space “By the end of 1949, Punjab had 13 recognized opposition parties, nine of which had been set up by former Leaguers. Overall, there were nearly twenty parties functioning in Pakistan at that time... ”
  • 40.
    32 Political Parties inPakistan istan Jamiat-al-Ulama-i-Islam, were still undecided about their role in politics, and preferred to confine their activities mainly to religious issues.71 With the overthrow of the Muslim League, people looked forward to a well-knit, hard-hit- ting and sensible opposition that would keep the government on its toes. Their hopes were belied by the configuration of parties after 1954. The country under- went an almost overnight change from a one-party state to a multi- party one.72 It was also an era when polit- ical opponents were discrimi- nated against. The first ever attempt to victimize political opponents by way of disqualifi- cation was made as early as 1949. To discipline the factional leaders within the Muslim League, the Public Representa- tive Office Disqualifications Act (PRODA) was passed in 1949 . It was designed to punish political leaders for corrupt practices, willful maladministration and abuse of power and position. Increased reliance on such con- trol mechanisms inhibited both the development of the Muslim League into a well-organized political party, as well as the development of political parties in general.73 A more questionable step was taken in September 1954, when the Assembly repealed the PRODA. This law had been invoked on a number of occa- sions, and some highly placed public figures had been punished. Among those disqualified in this way were M. A. Khuro, Kazi Fazlullah, Ghulam Nabi Pathan and Hamidul Haq Chaudhri. In the case of Ghulam Ali Talpur, there was an adverse finding but no penalty was awarded. In one case, that of the Khan of Mam- dot, the members of the tribunal did not agree amongst them- selves. And, in another case, that of Mian Daultana, the proceed- ings did not conclude. At the time the Assembly repealed PRODA, complaints against a number of persons were pending. The bill of repeal, which was introduced and passed on the same day, on September 20, 1954, contained a provision by which the repeal was not to affect the references "pending before any court or tribunal on or before 1 September 1954". The indecent haste with which the repealing law was passed and the enthusiasm and relief with which it was received by politicians gave an indication of their true intentions.74 Feldman has aptly remarked that, "PRODA had its origins in politics. It was used as a political weapon and it suc- cumbed to political considera- tion".75 Opposition Politics 1971-77 Opposition parties played a relatively effective role for the first time in the second parlia- mentary phase, during 1971-77, the only term of office of a polit- ical party completed without pre- mature dissolution. The opposi- tion effectively participated in “Increased reliance on such control mechanisms inhibited both the development of the Muslim League into a well-organized political party, as well as the development of political parties in general. ”
  • 41.
    33 Political Parties inPakistan the business of the parliament and provincial assemblies, and also demonstrated activism out of parliament. However, political govern- ments' record of dealing with opposition parties has remained highly problematic. The Z. A. Bhutto government became increasingly intolerant and repressive towards its political opponents. The JUI-NAP Min- istry in Baluchistan was dis- missed and NAP outlawed. The opposition media organs were banned and journalists arrested. A large number of government opponents in political parties, as well as amongst journalists, stu- dent activists and labour leaders, were put behind bars.76 According to the notification of February 10, 1975, banning the NAP (National Awami Party), the federal government declared that the NAP was operating in a manner "prejudicial to the sover- eignty and integrity of Pakistan", and in another notification of the same date, the government also declared that the NAP stood dis- solved, and its properties and funds were forfeited by the gov- ernment. Thereafter, as required under Section 4 of the Political Parties Act, 1962, the federal government made a reference to the Supreme Court on February 24, 1975. The Court upheld the government's stance that the NAP was acting in a manner prejudicial to the sovereignty and integrity of the country. Many observers have questioned the executive action of banning NAP and the judicial verdict validat- “...political governments' record of dealing with opposition parties has remained highly problematic. The Z. A. Bhutto government became increasingly intolerant and repressive towards its political opponents... A large number of government opponents in political parties, as well as amongst journalists, student activists and labour leaders, were put behind bars. ”
  • 42.
    34 Political Parties inPakistan ing the action.77 Opposition-Government Relations (1988-99) In the third phase of parlia- mentary experience, the post-Zia era of 1988-99, victimization of the two major parties, i.e. PPP and Pakistan Muslim League (N), con- tinued during their respective turns in the opposition. Legislative per- formance of the opposition in this era remained highly deficient. The Human Development in South Asia 1999 report remarks that the oppo- sition parties preferred to embar- rass the government by concentrat- ing on scandals rather than on sub- stantive issues.78 This period witnessed the emergence of a two-party system in the country. The electoral con- test between two leading parties and their respective coalition part- ners resulted in a balance between the treasury and opposition parties within the parliament, which was missing in the two earlier phases of parliamentary democracy. In the 1988 elections, PPP emerged as the single largest party, by securing 94 out of the 217 seats in the National Assembly (excluding the twenty seats reserved for women). Its rival, the IJI (Islami Jamhoori Ittehad), captured 50 seats. The IJI represented the largest ever parliamentary opposi- tion in the National Assembly.79 After the dismissal of the PPP government in August 1990, elec- tions were held under caretaker arrangements in October 1990. The IJI captured 106 seats against PPP's 45. In the 1993 elections, PPP emerged as the single largest party, with PML (N) in second place. However, in the 1997 elec- tions, PML (N) secured a two- thirds majority in the National Assembly, setting a record in the electoral history of the country. “This period witnessed the emergence of a two-party system in the country. The electoral contest between two leading parties and their respective coalition partners resulted in a balance between the treasury and opposition parties within the parliament, which was missing in two earlier phases of parliamentary democracy. ”
  • 43.
    35 Political Parties inPakistan This paper contends that the institution of political parties has lost the trust of people globally, as evident from the declining voter turnouts and membership of parties in many countries. Unlike Pakistan, however, this declining trend in western democracies was preceded by successive decades of high voter turnouts and high levels of party membership. But such a golden era of political parties was never expe- rienced in Pakistan. The first ever national elections on the basis of adult franchise were held in 1970, twenty-three years after the establishment of Pakistan. The second general elections were held in 1977, but became controver- sial. The third national elections were held in 1985, though on a non- party basis. Thereafter, four general elections were held in quick succes- sion, between 1988 and 1997. Only the 1970 elections regis- tered a high turnout of 63.42%. Since then, voter turnout dropped significantly, and has fluctuated within a lower range of turnout in all the elections held during 1988- 97. Besides, there has been a decline over this period in the outreach of political parties in urban Pakistan. These downward trends notwith- standing, the relevant framework for the study of political parties in Pakistan is not the one time record high electoral turnout of 1970, but more appropriately the broad pat- terns resulting from the interplay between the state and political par- ties. In 57 years of Pakistan's exis- tence, political parties have ruled in three spells for only 27 years. The remaining 30 years fell under either military rule or quasi-democratic dispensation with very limited space for political parties. Nine out of the twelve national legislatures were prematurely dissolved. Nine provincial governments were dis- missed between 1947 and 1954. From 1951 to 1958, Pakistan had two Governor-Generals and one Commander-in-Chief, while seven Prime Ministers tumbled in quick succession. Four political governments were prematurely dismissed between 1988 and 1999. These gov- ernments lasted for one year and eight months in 1988, two years and nine months in 1990, three years and one month in 1993 and two years and eight months in 1997. Just one elected government in Pak- Conclusions “Four political governments were prematurely dismissed between 1988 and 1999. These governments lasted for... ”
  • 44.
    istan's history couldcomplete its constitutional terms of office from 1971 to 1977. Thus political parties never had the chance to learn the art of gover- nance by staying in office long enough. Nor could the opposition parties play their due role in a sus- tained democratic process. Hence, political parties in Pakistan largely operated while out of power as an oppositional force, in an anti-system framework. There could be three possible causes for the premature dismissal of political parties in Pakistan: first, a weak and unaccountable party sys- tem; second, the President's arbi- trary use of discretionary power to dismiss governments; and third, the absence of independent institutions of accountability. Political parties could be held primarily responsible only if given an unhindered opportunity to imple- ment their policies and complete their constitutional term in office. Charges of corruption and misrule, the typical justification in Pakistan for dismissals, also come up against political governments in other coun- tries including established democra- cies. But there are impartial institu- tions, rules and conventions to check and punish corruption in high offices, something that is missing in the case of Pakistan. Instead of developing impartial institutions and traditions for such accountability, the experience in Pakistan is one of endless constitu- tional and legal engineering aimed at muzzling the opposition at the cost of the rule of law and judicial independence. Whenever com- plaints of corruption and misrule piled up against a political govern- ment, the whole system was dis- mantled. No doubt, political parties have lacked accountability, trans- parency and internal democracy. But this has not been the principal cause for their dismissals. The primary problem in Pak- istan is not of weak and unaccount- able parties, but the absence of democracy, denial of space to polit- ical parties to function both in gov- ernment and as opposition. Besides keeping them out of power, political parties have also been prevented from contesting even when elec- tions were held. Conditions preva- lent in Pakistan have greatly retarded not only the growth of political parties, but also political leadership and a healthy political culture. A restrictive legal regime, marked by bans, disqualifications, victimizations, and even banish- ments, has resulted in low institu- tional development in political par- ties and localization of politics based on beraderi, caste and ethnic groupings at the cost of countrywide and all-inclusive political forma- tions. To make things worse, fac- tions and client groups have been promoted to weaken and fragment the larger political parties with nationwide following. Besides these state-level struc- tural constraints, the presently weak, unaccountable, non-transparent, undemocratic, overly centralized and highly personalized party struc- tures also contribute to the acute weakness of political parties in Pak- istan. 36 Political Parties in Pakistan
  • 45.
    At the levelof the State Public Funding of Political Par- ties: This already exists in sev- eral countries, based on the assumption that political parties perform an important public ser- vice. Government funding of political parties provides a level playing field for parties, and also supports development of parties that are weak and under-funded. Public subsidies also help limit the need for donations from unlawful sources and prevent corruption in party fundraising. Such a system in Pakistan, if properly institutionalized, can promote political mobilization and participation of many dor- mant groups, especially the edu- cated middle class; strengthen an accountable, responsible and ser- vice-oriented political culture; and help check existing corrup- tion in political financing - often at very heavy cost to public resources . Capacity Building of Politi- cal Parties: Modernization and professionalization of political parties is increasingly necessary in this age for effective democra- tic participation, promotion of capable leadership and good gov- ernance. Political parties in Pak- istan, however, are particularly deficient on these counts. Both public interest and democratic development in Pakistan demands that political parties undergo a long-term, continuing and multi- dimensional capacity building through trainings, research, man- agement and information skills, etc. This requires input both from outside and within political par- ties for their capacity building. Space for Opposition Par- ties: Both democracy and good governance require effective par- ticipation of the opposition. How- ever, opposition parties in Pak- istan have generally been denied their legitimate space in and out- side parliament. Inter-Parliamen- tary Union (IPU), an international body of parliaments of the world, has issued Guidelines on the Rights and Duties of the Opposi- tion in Parliament, which were unanimously adopted at a Parlia- mentary Seminar in 1999. Those guidelines can help formulate necessary rules in Pakistan. The following aspects of the Guide- lines are very relevant in Pak- istan’s context: The opposition shall be entitled to be represented, proportion- ate to its numbers, on each par- liamentary committee and sub- committee. The opposition shall be entitled to a number of standing com- mittee chairmanships propor- 37 Political Parties in Pakistan Recommendations
  • 46.
    tionate to itsnumbers. The chairmanship of the com- mittee responsible for bud- getary matters shall go ex offi- cio to the opposition. The opposition must be repre- sented in any select committee competent to exercise oversight over secret activities, regard- less of their nature. At the level of Political Parties Internal Democracy and Transparency: It is critically important that political parties in Pakistan should establish mecha- nisms for internal democracy and transparency in the party struc- ture. In this regard, the following measures are particularly impor- tant: Holding of periodic elections where party members can freely and independently choose their leaders at central, provincial and national levels. Allow and encourage their members to express their opin- ions freely and be tolerant of different views. Hold leaders accountable to members and supporters. Selection of leadership for pub- lic offices should be made more participatory involving mem- bers of the party. Strengthening of Local Party Organizations: Political parties in Pakistan should devolve more authority from party headquarters to local branch offices in order to improve decision-making and also accountability to the constituents. Ethical Standards and Disci- pline: There is a need for political parties in Pakistan to institutional- ize a variety of measures to pro- mote ethical conduct among their members, leaders, and candidates, and to punish those who engage in unethical behaviour or violate the laws of the party. For example, parties can come out with codes of conduct, written regulations, rein- forcing preventive measures, such as training, procedures for enforcement, particularly moni- toring and evaluation, and disci- plinary processes. This would greatly help in the development of political leadership, which can ful- fill public expectations of high morality and honesty. At the level of Civil Society Political party development requires extensive engagement of the civil society. The experience of other countries shows that civil society has played a crucial role in recent years in political party reforms, legislative advocacy and training and research. Civil soci- ety in Pakistan may, therefore, undertake the following: Extensive engagement in advo- cacy for political party reforms. Monitoring of party policy in the form of manifestoes and statements, etc., on issues of public importance. Playing the role of watchdog on the performance of political parties in the legislature. Protection of the legitimate rights of opposition parties in and outside parliament. 38 Political Parties in Pakistan
  • 47.
    39 Political Parties inPakistan 1 NDI, A Guide to Political Party Development, Washington, NDI, 2001. p. 3. 2 Ibid., preface. 3 Ibid., p. 6. 4 Ibid. 5 Ibid., p. 3. 6 NDI, Political Parties and the Transition to Democracy, Washington, NDI. p. 4. 7 Khan, Zafarullah, Struggling for Survival: State of Political Parties in Pakistan, p. 17. 8 Manikas, Peter M. and Thornton, Laura L., Political Parties in Asia: Promoting Reform and Combating Corruption in Eight Countries, Washington, NDI, 2003. p. 14. 9 Ibid., p. 13. 10 Ibid., p. 15. 11 Ibid. 12 Ibid., p. 25. 13 Ibid., p. 27. 14 http://magnet.undp.org/Docs/parliaments/governing%20system.htm 15, 16, 17 Ibid. 18 Lipset, Seymour Martin, "The Indispensability of Political Parties", Journal of Democracy, January 2000. p. 48. 19 Inter-Parliamentary Union, Guidelines on the Rights and Duties of the Opposition in Parliament. Unanimously adopted by the participants at the "Parliamentary Seminar on Relations Between Majority and Minor- ity Parties in African Parliaments". May, 1999. pp. 17-19. 20 Diamond, Larry, Developing Democracy: Towards Consolidation, Bal- timore, The Johns Hopkins University Press, 1999. p. 1. 21 Cited in Diamond, Larry, Developing Democracy: Towards Consolida- tion, Baltimore, The Johns Hopkins University Press, 1999. p. 1. 22 The third wave of democracy also reached Pakistan around the same time with the restoration of democracy in Pakistan and holding of party- based elections in November 1988. 23 Cited in Diamond, Larry, Developing Democracy: Towards Consolida- tion, Baltimore, The Johns Hopkins University Press, 1999. pp. 1-2. 24 Cited in Diamond, Larry, Developing Democracy: Towards Consolida- tion, Baltimore, The Johns Hopkins University Press, 1999. p. 1. 25 Diamond, Larry, "Is Pakistan The (Reverse) Wave of Future?", Journal of Democracy, July 2000. p. 92. Notes and References
  • 48.
    40 Political Parties inPakistan 26 Ibid. 27 Diamond, Larry and Gunther, Richard, Political Parties and Democ- racy, The Johns Hopkins University Press, London, 2001. p. ix. 28 Ibid. 29 UNDP, Human Development Report: Deepening Democracy in Frag- mented World, New York, Oxford University Press, 2002. pp. 69. 30 Ibid. 31 Manikas, Peter M. and Thornton, Laura L., Political Parties in Asia: Promoting Reform and Combating Corruption in Eight Countries, Washington, NDI, 2003. p. 5. 32 Bari, Sarwar, "Declining Voter Turnout", The News, Januray 6, 2002. 33 Bari, Sarwar, "Sociology of Party Politics", The News, February 1, 2003. 34 Ibid. 35 NDI, Strengthening Political Party Systems Panel: Report to the Com- munity of Democracies Non-Governmental Forum, Seoul, November 10- 12, 2002. 36 Dippell, Matt, The Role of Civil Society and Political Parties in a Democracy, National Democratic Institute of International Affairs. Pre- sentation to Special Commission on Inter-American Summits Manage- ment, Washington DC, Febraury 12, 2000. 37 Ibid. 38 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 671. 39 Ibid., 672. 40 Shah, Aqil, "Pakistan's Armored Democracy", Journal of Democracy, Volume 14, Number 4, October 2003. p. 28. 41 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 684. 42 Ibid., p. 682. 43 Ibid., p. 686. 44 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 819. 45 Ibid. 46 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 21. 47 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 284. 48 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 21. 49 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. p. 216. 50 Ibid. 51 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 21 52 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi,
  • 49.
    41 Political Parties inPakistan Oxford University Press, 2001. pp. 288-9. 53 Ibid., 622. 54 Ibid., 684. 55, 56, 57, 58 Ibid. 59 Ibid., p. 687. 60 National Accountability Bureau, Annual Report 2003, Islamabad, National Accountability Bureau, March 2004. p. 20. 61 Khan, Zafarullah, Struggling for Survival: State of Political Parties in Pakistan, Islamabad, Liberal Forum Pakistan, 2002. p. 3. 62 The Mahbubul Haq Human Development Centre, Huamn Development in South Asia 1999: The Crisis of Governance, Karachi, Oxford Univer- sity Press, 1999. p. 61. 63 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, National Commission on Historical and Cultural Research, 1976. p. 211. 64 Ibid. 65 Waseem, Mohammad, "Why Political Parties are Weak", Dawn, Octo- ber 29, 2000. 66 Ibid. 67 Zafarullah Khan, Struggling for Survival; State of Political Parties in Pakistan, Islamabad, Liberal Forum Pakistan, 2002. p. 5. 68 The Mahbubul Haq Human Development Centre, Huamn Development in South Asia 1999: The Crisis of Governance, Karachi, Oxford Univer- sity Press, 1999. p. 59. 69 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, National Commission on Historical and Cultural Research, 1976. pp. 185-189. 70 Ibid. 71 Afzal, Rafique, Political Parties in Pakistan 1947-1958. National Commission on Historical and Cultural Research, Islamabad, 1976. p. 88-89. 72 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, National Commission on Historical and Cultural Research, 1976. pp. 185-189. 73 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 25. 74 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, National Commission on Historical and Cultural Research, 1976. pp. 21-22. 75 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar Ali Bhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 39. 76 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi, Oxford University Press, 2001. pp. 468. 77 Ibid., pp. 525-7. 78 The Mahbubul Haq Human Development Centre, Huamn Development in South Asia 1999: The Crisis of Governance, Karachi, Oxford University Press, 1999. p. 59. 79 Mahmud, Safdar, Pakistan: Political Roots and Development, 1947-1999, Karchi, Oxford University Press, 2000. p. 389.
  • 50.
    42 Political Parties inPakistan Larry Diamond and Richard Gunther, Political Parties and Democracy, The Johns Hopkins University Press, 2001. Richard Gunther, Jose Ramon Montero and Juan J. Linz, eds., Political Parties: Old Concepts and New Challenges, Oxford, Oxford University Press. O.P.,Ralhan ed., Encyclopedia of Political Parties: India, Pakistan and Bangladesh, New Delhi, Anmol Publishers Pvt Ltd, 1996. George, E. Delury, ed., World Encyclopedia of Political Systems and Parties (2nd Edition), New York, Facts on File Publications, 1987. UNDP, Human Development Report: Deepening Democracy in Frag- mented World, New York, Oxford University Press, 2002. National Democratic Institute of International Affairs (NDI), Guide to Political Party Development, Washington, NDI, 2001. Peter M. Manikas and Laura L. Thornton, Political Parties in Asia: Pro- moting Reform and Combating Corruption in Eight Countries, Washing- ton, NDI, 2003. National Democratic Institute of International Affairs, Strengthening Political Party Systems Panel, Report to the Community of Democracies Non-Governmental Forum, Seoul, November 10-12, 2002. Zafarullah Khan, Struggling for Survival: State of Political Parties in Pakistan, Islamabad, Liberal Forum Pakistan, 2002. K. K. Aziz, Party Politics in Pakistan 1947-1958, National Commission on Historical and Cultural Research, Islamabad. Rafique Afzal, Political Parties in Pakistan 1947-1958. Vol.1 National Commission on Historical and Cultural Research, Islamabad, 1976. Rafique Afzal, Political Parties in Pakistan, 1958-1969.Vol. 11, National Institute of Historical and Cultural Research, Islamabad, 1987. Suggested Reading
  • 51.
    43 Political Parties inPakistan International Links National Democratic Institute of International Affairs www.ndi.org International Republican Institute www.iri.org National Endowment for Democracy www.ned.org International Institute for Democracy and Electoral Assistance (IDEA) www.idea.int Inter-Parliamentary Union www.ipu.org International Foundation for Election Systems (IFES) www.ifes.org Council of Asian Liberals and Democrats www.cald.org Websites of Political Parties in Pakistan Pakistan Peoples Party www.ppp.org.pk Pakistan Muslim League-Q www.pml.org.pk Pakistan Muslim League-N www.pmlusa.org Mutahida Qaumi Movement www.mqm.org Jamiat -e Ulam-e Islam (F) www.juipak.org Jamaat-e-Islami Pakistan www.jamaat.org Awami National Party www.anp.org.pk Tahreek e Insaf Pakistan www.insaf.org.pk Pakistan Awami Tahreek www.pat.com.pk Sindh National Front snfsindh.netfirms.com Links and Resources
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    AN ORDER torevise, consolidate and re-enact the law relating to political parties WHEREAS it is intended to create a political environment conducive to the promotion of a federal and demo- cratic system as enshrined in the Constitution; AND WHEREAS political parties play a pivotal role in fostering a constitutional, federal, democratic politi- cal culture; AND WHEREAS the practice of democracy within the political parties will promote democratic governance in the country for sustaining democracy; AND WHEREAS it is expedient to provide for formation and regulation of political parties; AND WHEREAS it is essential to revise, consolidate and reenact the law relating to political parties and mat- ters connected therewith and incidental thereto; AND WHEREAS the Chief Executive is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, and in exercise of all other powers enabling him in that behalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the fol- lowing Order: CHAPTER-I PRELIMINARY 1. Short title, extent and commencement.- (1) This Order may be called the Political Parties Order, 2002. (2) It extends to the whole of Pakistan: (3) It shall come into force at once. 2. Definitions.- In this Order, unless there is anything repugnant in the subject or context,- (a) "Chief Election Commissioner" means the Chief Election Commissioner of Pakistan; (b) "Election Commission" means the Election Commission of Pakistan; Appendix Political Parties Order 2002 Political Parties In Pakistan
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    Political Parties InPakistan (c) "foreign-aided political party" means a political party which- (i) has been formed or organised at the instance of any government or political party of a foreign country; or (ii) is affiliated to or associated with any government or political party of a foreign country; or (iii) receives any aid, financial or otherwise, from any government or political party of a foreign country, or any portion of its funds from foreign nationals; (d) "political party" means an association of citizens or a combination or groups of such associations formed with a view to propagating or influencing political opinion and participating in elections for any elective public office or for membership of a legislative body; and (e) "prescribed" means prescribed by rules made under this Order. CHAPTER-II FORMATION OF POLITICAL PARTIES 3. Formation of political parties, etc.- (1) Subject to the provisions of this Order, it shall be lawful for any body of individuals or association of citizens to form, organize, continue or set-up a political party. (2) A political party shall have a distinct identity of its structures at the national, provincial and local levels, wherever applicable. (3) Every political party shall have a distinct name. (4) Notwithstanding anything contained in sub-section (1), a political party shall not - (a) propagate any opinion, or act in a manner prejudicial to the fundamental principles enshrined in the Constitution of the Islamic Republic of Pakistan; or (b) undermine the sovereignty or integrity of Pakistan, public order or public morality or indulge in terrorism; or (c) promote sectarian, regional or provincial hatred or, animosity; or (d) bear a name as a militant group or section or assign appointment titles to its leaders or office-bearers which connote leadership of armed groups; or (e) impart any military or para-military training to its members or other persons; or (f) be formed, organise, set up or convened as a foreign-aided political party. 4. Constitution of political parties.- (1) Every political party, including a political party already in existence, shall formulate its constitution, with whatever name it may be referred, including, inter alia,- (a) the aims and objectives of the party; (b) organisational structure of the party at the Federal, Provincial and local levels, whichever applicable; (c) criteria of membership of the party; (d) membership fee, to be paid by the members;
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    Political Parties InPakistan (e) qualifications and tenure of the party leader and other office-bearers of the party; (f) criteria for receipt and collection of funds for the party; and (g) procedure for- (i) election of party leader and other office-bearers at the Federal, Provincial and local levels, wherever applicable; (ii) selection or nomination of party candidates for election to public offices and legislative bodies; (iii) resolution of disputes between members and party, including issues relating to suspension and expulsion of members; and (iv) method and manner of amendments in the constitution of the party. (2) Every political party shall provide a copy of its constitution to the Election Commission. (3) Any change in the constitution of a political party shall forthwith be communicated to the Election Commission, which shall maintain updated record of the constitutions of all the political parties. 5. Membership of political parties.- (1) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party: Provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as a member of the Majlise-Shoora (Parliament) under Article 63 of the Constitution of the Islamic Republic of Pakistan or under any other law for the time being in force. (2) Where a person joins a political party, his name shall be duly entered in the record of the political party as a member and shall be issued a membership card, or any other document showing his membership of such political party. (3) A person shall not be a member of more than one political party at a time. (4) A member of a political party shall have the right of access to the records of the political party. 6. Membership fee and contributions.- (1) A member of a political party shall be required to pay a membership fee as provided in the party's constitution and may, in addition, make voluntary contributions towards the party's funds. (2) The contribution made by members or supporters of any party shall be duly recorded by the political parties. (3) Any contribution made, directly or indirectly, by any foreign government, multi-national or domes tically incorporated public or private company, firm, trade or professional association shall be pro hibited and the parties may accept contributions and donations only from individuals. (4) Any contribution or donation which is prohibited under this Order shall be confiscated in favour of the State in the manner as may be prescribed. Explanation.- For the purpose of this section, a "contribution or donation" includes a contribution or donation made in cash, kind, stocks, hospitality, accommodation, transport, fuel and provision of other such facilities.
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    Political Parties InPakistan 7. Suspension or expulsion of a member.- A member of a political party may be suspended or expelled from the party's membership in accordance with the procedure provided in the party's constitution: Provided that before making an order for suspension or expulsion of a member from the party, such member shall be provided with a reasonable opportunity to show cause against the action proposed and of hearing. 8. Selection for elective offices.- The political parties shall make the selection of candidates for elective offices, including the membership of the Majlis-e-Shoora (Parliament) and Provincial Assemblies, through a transparent democratic procedure. 9. Omitted. 10. Functioning of political parties.- (1) Every political party shall have an elected general council at the Federal, Provincial and local levels, (2) Every political party shall, at least once in a year, convene a general meeting at the Federal, Provincial and local levels of the party, wherever applicable, to which the party members or their delegates shall be invited to participate. (3) A member or group of members of the political party may nominate in writing any other member of the party as a delegate to represent him or them and cast his or their votes in a party meeting. 11. Elections within a political party.- (1) The party leader and other office-bearers of every political party at the Federal, Provincial and local levels, wherever applicable, shall be elected periodically in accordance with party's constitution through secret ballot based on a democratic and transparent system: Provided that a period, not exceeding four years, shall intervene between any two elections. (2) Every member of the political party shall, subject to the provisions of the party's constitution, be provided with an equal opportunity of contesting election for any party office, including that of the party leader. (3) All members of the political party at the Federal, Provincial and local levels shall constitute the electoral college for election of the party general council at the respective levels. 12. Certification by the political party.- (1) The party leader of each political party shall, within seven days from completion of the intra-party elections, submit a certificate under his signatures to the Election Commission to the effect that the elections were held in accordance with the constitution of the party and this Order to elect the party leader and other office-bearers at the Federal, Provincial and local levels, wherever applicable. (2) The certificate referred to in clause (1) shall contain information in respect of- (a) the date of the last intra-party elections; (b) the names, designations and addresses of the party leader and all other office-bearers elected at the Federal, Provincial and local levels, wherever applicable;
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    Political Parties InPakistan (c) the election results, including the total number of votes cast and the number of votes secured by each contestant for all of its party offices; and (d) copy of the party's notifications declaring the results of the election. (3) The Election Commission shall publish for public information the certificate including details of elections referred to in clause (2). 13. Information about the sources of party's fund.- (1) Every political party shall, in such manner and in such form as may be prescribed or specified by the Chief Election Commissioner, submit to the Election Commission, within sixty days from the close of each financial year, a consolidated statement of accounts of the party audited by a Char- tered Accountant containing- (a) annual income and expenses; (b) sources of its funds; and (c) assets and liabilities. (2) The statement referred to in clause (1), shall be accompanied by a certificate signed by the party leader stating that- (a) no funds from any source prohibited under this Order were received by the party; and (b) the statement contains an accurate financial position of the party. 14. Eligibility of party to obtain election symbol.- (1) Notwithstanding anything contained any other law for the time being in force, a political party shall be eligible to obtain an election symbol for contesting elections for Majlis-e-Shoora (Parliament) and Provincial Assemblies on submission of certificates and statement referred to in Articles 12 and 13: Provided that a combination of political parties shall be entitled to obtain a common election symbol for such election only if, each party constituting such combination, submits the certificates and statement referred to in Articles 12 and 13. (2) Where any political party or a combination of political parties, severally or collectively, contravenes the provisions of Article 12 or 13, it shall not be entitled to obtain an election symbol for election to the Majlis-e-Shoora (Parliament) or the Provincial Assemblies, and the Election Commission shall not allocate an election symbol to such party or, as the case may be, the combination of political parties for such election. CHAPTER-III DISSOLUTION OF POLITICAL PARTIES 15. Dissolution of a political party.- (1) Where the Federal Government is satisfied that a political party is a foreign-aided party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, it shall make such declaration by a notification in the official Gazette.
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    Political Parties InPakistan (2) Within fifteen days of making a declaration under clause (1), the Federal Government shall refer the matter to the Supreme Court whose decision on such reference shall be final. (3) Where the Supreme Court upholds the declaration made against a political party under clause (1), such party shall stand dissolved forthwith. 16. Effects of dissolution of political party.- (1) Where a political party is dissolved under Article 15, any member of such political party, if he is a member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly, shall be disqualified for the remaining term to be a member of the Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly, unless before the final decision of the Supreme Court, he resigns from the membership of the party and publicly announces his disassociation with such political party. (2) A person becoming disqualified from being a member of the Majlis-e-Shoora (Parliament) or Provincial Assembly under clause (1) shall not participate in election for any elective office or any legislative body till the expiry of four years from the date of his disqualification from being a member of the Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly. (3) The order of members of a political party becoming disqualified from being members of Majlis-e-Shoora (Parliament) of the Provincial Assembly on its dissolution shall be notified in the official Gazette. CHAPTER-IV MISCELLANEOUS 17. Intra-party elections for general elections, 2002.- (1) Every political party desiring to take part in general elections, 2002, shall be required to complete its intra-party elections referred to in Article 11 in accordance with the party constitution and this Order by the fifth day of August, 2002, and submit the certificate referred to in Article 12 accordingly. (2) A political party which has already completed intra-party elections, as far as possible, according to the requirements of Article 11, before the commencement of this Order shall submit a certificate to the Election Commission in accordance with Article 12. (3) A party not complying with the provisions of clause (1) and (2) shall not be allotted election symbol for the general elections, 2002. 18. Code of conduct of political parties.- The Election Commission shall, in consultation with the political par- ties, prepare and publish a code of conduct for the political parties. 19. Rules.- The Election Commission may, with approval of the Federal Government, make rules for carrying out the purposes of this Order. 20. Repeal.- The Political Parties Act, 1962 (III of 1962), is hereby repealed.
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    About The Network TheNetwork for Consumer Protec- tion was formed in 1992 with a focus on public health, later expanding its attention to consumer protection. Since then, the organi- zation has become an effective advocacy group, working at the grassroots, national and interna- tional levels. The Network activi- ties include public policy advocacy, community mobilization, research and publication. The Network's programme seeks to assist citizens-consumers to influ- ence public policies in order to meet their livelihood needs and to develop informed opinion on rele- vant policies. The Network enjoys a track record of compiling and dis- seminating information for citizens and mobilizing action around key issues. To join activities of The Network and receive its publications, con- sider becoming a member of the organization. For more details contact: 051-2261085