Political Parties in Pakistan; A Long Way Ahead

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
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Printed in Pakistan by Khursheed Printing Company Limited
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Published by
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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
“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
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
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 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
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
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
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
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

10
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
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
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
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
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
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
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
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
(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.
formulate its constitution
with whatever name it may be
referred.
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
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
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
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
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
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
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
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
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
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
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
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)
6 1985 National and Provincial Assemblies
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
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
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
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
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
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
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
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
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

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
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; A Long Way Ahead

Political Parties in Pakistan; A Long Way Ahead

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