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 translatedby duly acknowledging the source.

First published August 2004ISBN 969-8807-05-5

AcknowledgementThis publication was made possible with support provided by

The Asia Foundation and the U.S. Agencyfor International Development. The opinions expressed

here are those of the author(s) and do not necessarily reflect the views ofThe Asia Foundation or the U.S. Agency for International Development.

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Contents

PrefaceExecutive Summary 1

Political Parties: Concepts and Processes 3Defining political partiesFunctions of political partiesDemocracy within political partiesLegal regime for political partiesImportance of local party organizationPublic funding of political partiesMandatory diclosure of party financesRegulating internal party structures and practicesCandidate and leadership selectionEthical standards and disciplineParty discipline in parliamentary and presidential systemsRole of the opposition

Third Wave Democracy: Political Parties in Pakistan 9Third wave of democracyThird wave and PakistanDeclining faith in political partiesState of political parties in PakistanNeed for political party reform

Political Parties in Pakistan: 15Constitutional and Legal FrameworkConstitutional provisions; restricting the political spaceConstitutionally protected Executive OrdersThe Political Parties Order, 2002Supreme Court decision in Benazir Bhutto caseAnti-defection Legislation

Military Regimes and Political Parties in Pakistan: 24Leading IssuesBan on parties and disqualification of politiciansNon-party elections and elected bodiesDe-institutionalization of partiesFactionalization of political partiesLocalization of politics

Political Party Reforms: Grey Areas 29Party funds

Internal democracy in political partiesLegislative role of political partiesIrrelevence of local party branches

Opposition Parties: Denial of Legitimate Space 31Profile of opposition, 1947-1958Opposition politics, 1971-1977Opposition-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 greatmetamorphosis. From being the subjects of a powerful and brutal empire, they were to become citizens of a freecountry, a homeland that was to be shaped by their dreams and aspirations. Independence, however, soon turnedinto 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 elitefaithfully 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 problemsconfronting 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 publicpolicy, 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 forrealizing the cherished dream of development and democracy. These publications are aimed at raising people'sawareness on vital political, social and economic issues. They seek to break the silence, ignite public debate andopen 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 everywhere - not at all a positive trend in the long run. In Pakistan’s chequered political history, political parties couldnot 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 - democracyin the country.

Even more ironic, the founding party of Pakistan has become a commodity readily available to the militaryrulers 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 theOctober 2002 elections.

This paper presents the global trends of declining faith in political parties and then traces social, politicaland legal backgrounds of the development - or lack of it - of political parties in Pakistan. It underlines the greyareas 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 nodoubt 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 markthe beginning of a long association. The project team led by Zaigham Khan has done a commendable job and Icongratulate 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) projectpartners who contributed in the initial discussions that brought clarity to our efforts.

Dr. Zafar MirzaExecutive CoordinatorThe Network fro Consumer Protection

Preface

1


Two simultaneous but contra-dictory trends are discernible inthe contemporary world. First, thenumber of democracies has beenon the increase continuously forthe past three decades; and sec-ond, the institution of the politicalparty is on the decline. This is trueof developing as well as devel-oped democracies.

Since the third wave ofdemocracy began in 1974, thenumber of democracies in theworld has multiplied. The democ-ratizing trend started in SouthernEurope in the 1970s, and spread toSouthern Africa, East, South East,and South Asia in the 1980s. Thelate 1980s saw a surge of politicaltransitions in Eastern Europe andthe former Soviet Union, and atrend towards democracy in Cen-tral America. Finally, the democ-ratic trend spread to Africa in the1990s.

Parallel to the third wave ofdemocracy, there is the oppositeglobal trend of declining faith inpolitical parties. Voter turnout andpopular attachment with politicalparties is on the decrease in boththe established and developingdemocracies. In Pakistan, voterturnout has dropped by 21.6%between the 1970 and the October2002 elections, besides anincreased decline in urban voting,as against rural voting, and a sig-nificant decline in party outreachacross the cities.

Without denying the need forpolitical party reforms in Pak-istan, it ought to be noted that theproblem confronting Pakistanthrough its history is not primarilythat of a weak party system, butthe absence of democratic dispen-sation - resulting in the denial ofspace to political parties to func-tion, both in office and as opposi-tion. Thus, the downward trend invoter turnout and political parties'urban outreach notwithstanding,the relevant framework for thestudy of political parties in Pak-istan is not the one-time recordhigh electoral turnout in 1970, butthe broad patterns resulting fromthe interplay between the stateand political parties.

Pakistan has had three spellsof democratic rule: the first in1947-1958; the second in 1971-1977; and the third in 1988-1999.Thus, in Pakistan's 57 years ofhistory, political parties were inpower for only 27 years. Theremaining 30 years have eitherbeen of military rule, or quasi-democratic dispensation, allowingvery limited space to political par-ties.

From 1951 to 1958, sevenPrime 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 tenureswere aborted through prematuredismissal of their governments.

Executive Summary

“ ...the problemconfrontingPakistan throughits history is notprimarily that of aweak party system,but the absence ofdemocraticdispensation -resulting in thedenial of spaceto political partiesto function, bothin office and asopposition.”

2


“ At the levelof the state, the

requisite spaceshould be createdfor the oppositionparties... At thelevel of politicalparties, internaldemocracyandtransparency...At the level ofthe civil society,extensive engagementwith politicalparties, monitoringof partyperformance”

Nine national legislatures weredismissed prematurely out of thetwelve that have been establishedthus far.

In such circumstances, politi-cal parties cannot learn the art ofgovernance unless they areallowed to remain in office. How-ever, only one elected governmentin Pakistan's history could com-plete its constitutional term, from1971 to 1977. The ruling and theopposition parties alike require ademocratic setting to play theirrespective roles. But political par-ties in Pakistan have mostly oper-ated out of power, as an opposi-tional force in an anti-systemframework, and often underhighly repressive conditions.

Restrictions on political par-ties have adversely impacted theirinstitutional growth in Pakistan.Factions and client groups werecreated to weaken larger partieswith nationwide following, result-ing in localization of politicsbased on beraderi (family andkinship network), caste and ethnicgroups at the cost of nationwideand all-inclusive political forma-tions.

There are also problems relat-ing to the internal workings ofpolitical parties. Most parties lackinternal democracy. The processof periodic and transparent inter-nal party elections is not estab-lished. Nor do parties in Pakistanplay their due legislative role,owing to the lack of in-housetraining and research. Parties arealso under-funded and rely onexclusive interests for their fund-ing. Most fundraising is done at

the centre rather than at the locallevel, with the result that partiesare highly centralized.

Another problem pertains tothe civilian political governments'obsession with creating a domi-nant party system. Thus parties inpower tend to disallow legitimatespace to those in the opposition.Pakistan has witnessed bans onactivities of political opponents,dismissal of opposition govern-ments in the provinces and vic-timization of opposition politi-cians and political activists underpolitical governments.

Reforms pertaining to politi-cal parties are needed at three dif-ferent levels. At the level of thestate, the requisite space shouldbe created for the opposition par-ties to contribute to the strength-ening of democracy and goodgovernance. Public funding ofpolitical parties, especially thesmaller parties, will help providea level playing field among theparties and mobilize the other-wise dormant middle classgroups. The state should alsoassist in capacity building of theparties.

At the level of political par-ties, internal democracy andtransparency, strengthening oflocal party organizations, andobservance of ethical standardsand party discipline are needed.At the level of the civil society,extensive engagement with polit-ical parties, monitoring of partyperformance, playing the role ofwatchdog and protecting thelegitimate rights of the oppositionare necessary.

3


Contemporary debate ondemocracy, development and gov-ernance does not adequately high-light the importance of politicalparties. However, a lot of attentionhas been paid to the role of civilsociety, legislature, media anddecentralization of authority. Giventhe pivotal importance of politicalparties in the establishment andconsolidation of democracy, thereis a need to revisit some conceptsrelating to the institution of politi-cal parties.

Defining Political PartiesA political party is a group of

citizens organized to seek and exer-cise power within a political sys-tem. All parties participate to someextent in the exercise of politicalpower, whether through participa-tion in government or by perform-ing the role of opposition. Partiesare the vehicles by which citizenscome together freely to campaignfor public office to win a majorityof seats in a legislative body, toexpress their interests and needs, aswell as their aspirations for thesociety in which they live.1

Functions of Political PartiesAs 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 representingsocietal 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 arole in governance.

Democracy within Political Parties In a political party, however,

democracy will not flourish merelybecause 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 createa situation in which a few individ-uals dominate party affairs, withoutproper regard for members, in

Political PartiesConcepts 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 todemocratic principles should bereflected not only in its written con-stitution, but also in the day-to-dayinteraction between leaders andmembers. That is, a party must becommitted to practicing democraticbehaviour.4 A democratic partywill:

Allow members to express theirviews freely.Promote the membership ofwomen.Encourage participation by allmembers.Be tolerant of different ideas.Abide by agreed upon rules andprocedures of decision-making.Hold leaders accountable tomembers and supporters.

Legal Regime for Political PartiesIn most countries, political

parties are required to fulfill cer-tain obligations for official regis-tration and recognition, including aminimum level of membership, awritten constitution and platform,and the election of party officials.5

Importance of Local PartyOrganization

It has been emphasized timeand again that local party organi-zations are significant for strength-ening the political party system.Foundation First is the motto thatparty leaders and organizers shouldkeep in mind when they seek tobuild a successful party. A signifi-

cant portion of a party's time,attention and money should bedirected at the local level. Ulti-mately, the strength and stability ofa national political party, and thesuccess of its candidates for elec-tive office at every level, areclosely linked to the number ofactive and enthusiastic party mem-bers and supporters at the locallevel. The local base of a politicalparty, just like the roots of a tree,must be strong if the party is togrow and succeed.6

Public Funding of Political PartiesThere is an increasing trend of

institutional provision of publicfunding for political parties. InAustralia, Canada, Germany,Israel, South Africa, Sweden andZimbabwe, political parties getstate funding. In Germany, Israel,South Africa, Sweden and Zim-babwe, political parties also getParty Operating Expenses. In a fewother countries, including Aus-tralia, Canada and the UnitedStates, individual candidates alsoget public funds to realize theirdreams of a political career.7

Government funding of politi-cal parties or candidates servesmany objectives. One central aimis to level the playing field for par-ties by ensuring more equal accessto funding. Particularly for smallerparties, state funds are often themain source of financing, essentialfor the party to run even a modestcampaign. In addition, governmentfunds can support party develop-

“ In Germany,Israel, South Africa,

Sweden andZimbabwe, political

parties also get PartyOperating Expenses.

In a few othercountries, includingAustralia, Canada

and the UnitedStates, individual

candidates also getpublic funds...”

5


“ Political partyreform should alsoinclude enhanceddemocracy and transparency in theselection of bothcandidates for publicoffice and partyofficials. Politicalparties, even indeveloping countries,challenge theleadership-drivenand top-downpractices...”

ment in places where political par-ties are traditionally weak andunder-funded. Furthermore, publicsubsidies are used for seeking tolimit the need for donations fromunlawful sources and to preventcorruption in the fundraisingprocess.8

Mandatory Disclosuresof Party Finances

Mandatory disclosure of partyfinances contributes to greatertransparency in the politicalprocess, providing the public withthe ability to understand and mon-itor the affiliations, interests andresources of parties. When thepublic has access to a party's finan-cial dealings, citizens can moreeffectively keep a check on theparty's behaviour and provideincentives for keeping the party’saffairs above board.9

Regulating Internal PartyStructures and Practices

Laws regulating political par-ties sometimes require parties toadopt specific internal structureand practices. Several countriesrequire an external audit of partyfinances, and parties must providebalance sheets of revenues andexpenditures to the government oran independent watchdog body. Inseveral countries these audits aremade available to the public.10

Some laws mandate that par-ties have specific election anddecision-making procedures toenhance internal party democracy.

Parties may be required to havecertain party posts, committees,and meetings, such as annual gen-eral assemblies. A few countriesreserve the right to review the con-stitutions of parties to ensure theyare in line with certain principles.Although the intention of theselaws is usually to improve thedemocratic character of politicalparties, in some instances therestrictions are viewed as govern-ment control, which can be abusedin a partisan manner.11

Candidate and LeadershipSelection

Political party reform shouldalso include enhanced democracyand transparency in the selection ofboth candidates for public officeand party officials. Political par-ties, even in developing countries,challenge the leadership-drive top-down practices of the past byinvolving more members, and insome cases the public, in the deter-mination of party representation. Arecent study undertaken in eightAsian countries contends that veryfew countries still allow a smallnumber of key leaders to determineall the candidates for elections orselect officials for party posts.Internal party elections havebecome the most common processfor determining both candidatesand party leaders. The breadth ofparticipation in these electionsvaries from the entire membershipof the party to the central commit-tee members.12

6


Ethical Standards and DisciplinePolitical parties are required to

employ a variety of measures topromote ethical conduct amongtheir members, leaders, and candi-dates, and to punish those whoengage in unethical behaviour orviolate the laws of the party. Insome countries, parties have codesof conduct and written regulations,while in others there are reinforc-ing preventive measures, such as

training, as well as procedures forenforcement, namely evaluation,monitoring, and disciplinaryprocesses.13

Party Discipline in Parliamentaryand Presidential Systems

Party discipline, simplydefined, refers to the practice oflegislators voting with their parties.It is typically stronger in parlia-mentary systems than in presiden-tial because the executive requires

majority party cohesiveness for itsown survival. In countries that areundergoing the transition to a two-party or multi-party system -whether presidential, hybrid or par-liamentary - party discipline maybe generally weak owing to the factthat parties may be newer, theymay lack a strong internal structureand constituent base, or lack expe-rience in operating in a multi-partylegislature.14

Parliamentary SystemParliamentary systems in

developed countries are character-ized by parties that are highlystructured and tend toward unifiedaction, block voting and distinctparty platforms. This party disci-pline is required in parliamentarysystems primarily because devia-tion from the party line could resultin bringing down the government.Parliamentary systems require that

“Parliamentary systems in developedcountries are characterized by parties that are highly structuredand tend toward unified action, block voting and distinct party

platforms. This party discipline is required inparliamentary systems primarily because

deviation from the party line could result in bringing downthe government. ”

7


the executive and legislative mem-bers agree upon issues, lest itforces the dissolution of the gov-ernment. In addition, majority par-ties in parliamentary systems areperceived by voters to have a man-date to run the country. Therefore,each party may develop a systemof punishments and rewards. Indi-vidual members of the legislaturewho deviate from a party vote maybe punished by exclusion fromtheir party within parliament ormay not be nominated by the partyin the subsequent election.15

Similarly, opposition partiestheoretically want to maximizetheir power in a system dominatedby the majority by voting as ablock and diffusing internal dis-sent. Opposition party discipline ismore likely if the party or partiesperceive that they can eventuallygain a majority. Consequently, forboth majority and minority partiesin parliament, important policydecisions are made within partystructures such as caucuses (partyconventions to nominate candi-dates or decide on voting), ratherthan within the legislature itself.Obviously, it is not possible for thelegislature and executive to becontrolled by different parties in aparliamentary system.16

Presidential SystemParties in presidential systems

tend to be less structured thanthose in parliamentary systems.Failure to vote with one's partydoes 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 orother divisions when consideringpolicy issues. This tendency isstrengthened in presidential sys-tems - such as in the US - that alsoemploy a first-past-the-post elec-toral system. Since they are usu-ally directly elected and identifi-able with particular districts orregions, many members see a dutyto their constituents (in a district orstate) as the first priority, with alle-giance to a party and its platformas secondary. While legislators areunder some pressure to vote withtheir party, particularly on impor-tant issues, the consequences ofnot doing so are not as serious tothe individual legislator and to thesystem. Because legislatures andexecutives are elected separatelyand often for different terms, it isnot uncommon for them to be con-trolled by different parties.17

Role of the OppositionThe existence of an opposi-

tion - in essence, an alternativegovernment - acts as a restraint onthose in power. An oppositionseeks to limit the resources avail-able to officeholders and toenlarge the rights available tothose out of power. Over time, inboth new and revived democra-cies, conflict between the govern-ing and opposition parties helpsestablish democratic norms andrules.18

The Geneva-based Inter-Par-liamentary Union unanimouslyadopted Guidelines on the Rightsand Duties of the Opposition inParliament in May 1999.19 Theguidelines inter alia provide that:

“The existence ofan opposition - inessence, analternativegovernment - actsas a restraint onthose in power.”

8


From the Geneva-based Inter-Parliamentary Union Guidelineson 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 inorder to safeguard diversity, pluralism and the right to bedifferent in a climate of tolerance. Hence the importance ofpolitical forces and individuals representing the oppositionbeing able to participate in the work of the parliamentshould be recognized. This will require recognition of andrespect 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 theessentials of parliamentary democracy. The primary func-tion of the opposition is to offer a credible alternative to themajority in power. Moreover, by overseeing and criticizingthe action of the government, it works to ensure trans-parency, integrity and efficiency in the conduct of publicaffairs 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 anddefense of human rights and fundamental freedoms, thushelping to ensure that democracy functions properly.

9


Two simultaneous but contra-dictory political trends are visiblein the contemporary world. First,the number of democracies hasconsistently been on the increasefor the past three decades. Second,the institution of political parties ison 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 itsconsolidation have been aborted

by repeated military interventions.Consequently, the institution ofpolitical parties remains weak andmired in problems. This is beingexperienced in an era of democra-tic resurgence, characterized as thethird wave of democracy.

Third Wave of Democracy Since the April 25, 1974 coup

in Portugal, when young army offi-cers toppled the half century olddictatorship, 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 globaltrend, there were about fortydemocracies. The numberincreased moderately through thelate 1970s and early 1980s, as sev-eral states underwent transitionfrom authoritarian - predominantlymilitary - to democratic rule. In themid-1980s, the pace of globaldemocratic expansion acceleratedmarkedly. By the end of 1995,there were as many as 117 democ-

racies, or as few as 76, dependingon how one counts.20

In a seminal formulation,Samuel P. Huntington called thispost-1974 period the third wave ofglobal democratic expansion andhas underlined its importance interms of regional and internationaldemonstration effects.21 Thisdemocratizing trend began inSouthern Europe in the mid 1970s,spread to military regimes of SouthAfrica in the late 1970s and early1980s, and reached East, SouthEast, and South Asia by the mid tolate 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 DemocracyPolitical Parties in Pakistan

10


saw a surge of transitions fromcommunist authoritarian rule inEastern Europe and the formerSoviet Union, and the trendtowards democracy in CentralAmerica as well. Finally, thedemocratic trend spread to Africain the 1990s.23

Huntington defines a 'wave ofdemocratization' simply as a groupof [democratic] transitions… thatoccur within a specified period oftime and that significantly outnum-ber transitions in the oppositedirection during that period. Heidentifies two previous waves ofdemocratization: a long, slowwave from 1828 to 1926, and asecond, post-World War II wave,from 1943 to 1964. Each of thetwo waves ended with a reversewave of democratic breakdowns(1922-42 and 1961-75), in whichsome but not all of the new (or re-established) democracies col-lapsed. Each reverse wave signifi-cantly diminished the number ofdemocracies in the world but leftmore democracies in place thanhad existed prior to the start of thedemocratic wave.24

Third Wave and PakistanIt is instructive to see how

Pakistan's experience relates to thethird wave of global democracy.To begin with, the struggle for thecreation of Pakistan was essen-tially a democratic movement.Unlike many liberation move-ments, Pakistan won independencethrough the assertion of popularwill and the power of the ballot,and not any violent or revolution-ary means. Given this historical

background, democracy remainsembedded in people's popularimagination. Even though Pakistanhas had four military interventionsin its 57 years history, each mili-tary rule ultimately submitted tothe popular will and resulted inelections and a revival of democ-racy.

Interspersed with these fourmilitary regimes, there have beenthree spells of democratic rule:first, from 1947 to 1958; second,from 1971 to 1977; and third, from1988 to 1999. The third period ofdemocracy surely falls within theambit of Huntington's third waveof democracy.

The reversal of democracy inPakistan in 1999 came as a majorset-back to the global wave ofdemocratization, observes LarryDiamond in the Journal of Democ-racy. The coup in Pakistan wasviewed as the single most seriousreversal of democracy during thethird wave. Pakistan was not onlythe largest, but also by far the moststrategically influential country tohave suffered a democratic break-down.25

This reversal of democracy inPakistan is generally blamed onwidely percieved corruption andmisrule of political goverments.Referring to the democratic era of1988-99, Diamond comments thatdemocratic Pakistani governmentswere manifestly corrupt and abu-sive; the country witnessedrepeated alternation in powerbetween two political parties thathad 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, andcivil society, first by successiveauthoritarian regimes and then by11 years of corruption and misruleunder the alternating elected gov-ernments of Benazir Bhutto andNawaz Sharif, had been too great.26

Declining Faith in Political PartiesCoupled with the third wave

of global democratization, there isalso a contradictory global trend ofdeclining faith in political parties.It is indeed an ironic and worri-some twist in the third wave ofglobal democratization. In the pastquarter-century, democracy hasspread around the world to anunprecedented degree. The level ofcivil and political freedoms is, onaverage, the highest in history.Authoritarian ideologies havewaned, and therefore no form ofgovernment other than democra-cies have commanded any signifi-cant legitimacy. Yet there is sub-stantial and growing dissatisfac-tion with many specific institutionsof democracy, and no single insti-tution is held in greater disreputethan the political party.27 Evenmore clear and striking have beenthe partisan attachments in con-temporary societies. In almost allthe advanced industrial democra-cies, the proportion of the popula-tion identifying with a politicalparty has declined in the past quar-ter-century, as has the strength ofparty attachments.28

Both election turnout andparty membership are visibly onthe decline in western democra-cies. The Human Development

Report 2002 has brought out dataon both the indices. The represen-tative process appears to be in cri-sis even in well-establisheddemocracies. Thus, in the UnitedStates, the turnout of registeredvoters in presidential elections fellfrom 96% in 1960 to 51% in 2000,and in the United Kingdom, forparliamentary elections, the voterturnout fell from 78% in 1992 to59% in 2001.29

In France, Italy, Norway andthe United States, party member-ship is half (or less) of what it was20 years ago. According to recentsurveys in Latin America and Cen-tral and Eastern Europe, peoplehave far less confidence in politi-cal parties than they do in thechurch, the armed forces or televi-sion.30

The state of political parties inAsia is not very different from thatin western democracies. In a recentstudy, the National DemocraticInstitute of International Affairs(NDI) has noted that throughoutAsia, entrenched corruption hasled to public disillusionment inmany institutions, but political par-ties have especially become a tar-get of criticism. Distrust in partiesand their leaders on the issue ofreform has been justified too often.Parties have demonstrated littleinterest in stamping out corruption,promoting accountable gover-nance, and advocating greatertransparency in the public sys-tem.31

State of Political Partiesin Pakistan

Voter turnout and popular

“ ...people havefar less confidencein political partiesthan they do in thechurch, the armedforces or television...Parties havedemonstrated littleinterest in stampingout corruption,promotingaccountablegovernance,and advocatinggreatertransparency...”

12


attachment with political partiesare on the decline in Pakistan, par-ticularly in the cities. Since thefirst ever general elections on thebasis of adult franchise in 1970, adecline in voter turnout can be wit-nessed in successive elections. Thetotal voter turnout in elections inPakistan has dropped by 21.62%from the 1970 to the October 2002elections (see Table 1). In each ofthe provinces, the turnout hasdropped between 1970 and 2002:by 22.49% in Punjab, 21.86% inSindh, 13.24% in NWFP and11.14% in Balochistan.32

Apart from the declining voterturnouts, a recent study shows dif-ference in turnout between ruraland urban areas of the country. Inrural Punjab, for example, theturnout has consistently beenhigher by nearly 10% than in the

cities. The study also observes asignificant decline in the numberof party chapters across the cities

of Pakistan.33 Political parties tra-ditionally maintained informalparty offices called baithaks (sit-ting rooms) in cities. There wereabout 320 party offices at ward(locality) level in Multan cityalone, and 34 in Islamabad in the1970s. The study finds that in Mul-tan and Islamabad, politicalbaithaks have already vanished.34

Need for Political Party ReformAn NDI report states that in

many areas of the world today,political parties are facing a crisisof public confidence due to theirorganizational and political short-comings. Political parties are per-ceived as ineffective, corrupt andout-of-touch with their constituen-cies. They lack credibility andoften fail to attract young leader-ship to their ranks. At the same

time, public support has risen forindependent candidates, specialinterest parties and anti-party

1970 1985 1988 1990 1993 1997 2002

% % % % % % % No. of votersNWFP 48.09 40.63 33.92 35.7 34.59 27.8 34.85 3,087,448FATA 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 19,035,539Sindh 60.08 44.38 42.38 43.3 28.23 31.3 38.22 6,177,787Balochistan 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, theproblems confronting political par-ties have an impact on democraticsystems as a whole. The absence ofeffective political parties creates avoid that is often filled by populistdemagogues. A dysfunctionalparty system can also lead to callsfor "direct" democracy that under-mines mediating institutions like

the parliament, which serves as afoundation for representative gov-ernment.36

In these circumstances, theneed for political party reform hasbeen emphasized by both acade-mics as well as the internationaldevelopment community. The situ-ation has brought home the cen-trality of political party building,an often misunderstood and under-utilized element of democracybuilding.37

Graph: Voters Turnout: Elections in Pakistan, 1970-2002

Source: Key Findings of The Pre and Exit Poll Survey Research: Elections 2002, PattanDevelopment Organization, Islamabad, 2002, p. 45 based on Pakistan Election Commission data.

1970 1985 1988 1990 1993 1997 2002

706050403020100

% V

oter

turn

out

Voter Turnout in Pakistan: Elections, 1970-2002

Years

“ The absence ofeffective politicalparties creates avoid that is oftenfilled by populistdemagogues. Adysfunctional partysystem can also leadto calls for "direct"democracy thatunderminesmediatinginstitutions like theparliament...”

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 VoterTurnout

%ag

e D

rop

in v

oter

turn

out

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 toassociation, the existing constitu-tional and legal framework in Pak-istan puts many restrictions andlimitations on political parties.Article 17 of the Constitution pro-vides that every citizen shall havethe right to form associations orunions, subject to any reasonablerestrictions imposed by law in theinterest of the sovereignty orintegrity of Pakistan, public orderor morality. However, constitu-tional amendments and executiveorders included in the sixth sched-ule of the Constitution have con-siderably restricted the space forpolitical parties in the country.

The first and fourth constitu-tional amendments, the Revival ofConstitutional Order (RCO), 1985,the Legal Framework Order(LFO), 2002, the Conduct of Gen-eral Elections Order, 2002 and theQualification to Hold PublicOffices Order, 2002 have sought tolimit and qualify the activities ofpolitical parties.

The Political Parties Order(PPO) 2002 (see Appendix) pro-vides for the formation and theregulation of political parties, andlays down an elaborate frameworkfor the functioning of political par-ties. The requirement for registra-tion of political parties existed

since 1979, but was struck downby the Supreme Court in 1988.Though the word registration is notused in PPO 2002, political partiesmust obtain an election symbol tobe eligible. A party failing to meetthe criteria is not allotted a symbol.

Judicial precedents are alsovery important in interpreting theConstitution and deciding on theconstitutionality of executiveorders. In Benazir Bhutto's case,the Supreme Court waived therequirement of registration ofpolitical parties in 1988. This isone of the most important deci-sions of the superior judiciary,which upheld the political rights ofassociation and formation of polit-ical parties.

Given Pakistan's parliamen-tary system of government, ananti-defection legislation wasenacted in 1987 by amending thePolitical Parties Act, 1962. In1997, an anti-defection clause wasinstituted in the Constitution in theform of the fourteenth amendment,and the LFO 2002 furtherimproved upon it.

Constitutional Provisions;Restricting the Political Space

The first constitutionalamendment provides that no stateemployee can either form a politi-

“ ...the existingconstitutional and legalframework inPakistan puts manyrestrictions andlimitations on politicalparties... constitutionalamendments andexecutive ordersincluded in the sixthschedule of theConstitution haveconsiderably restrictedthe space forpolitical partiesin the country. ”

Political Partiesin PakistanConstitutional and Legal Framework

16


cal party or become its member.The constitutional ban on stateemployees to form, or becomemembers of, a political party, israther uncommon elsewhere in theworld. However, there are variousstatutory and regulatory regimes indifferent countries, prescribing dif-ferent kinds of limitations on stateemployees.

The first constitutionalamendment also provided that ifthe Federal Government declaredany political party had beenformed or was operated in a man-ner prejudicial to the sovereigntyand integrity of Pakistan, it wouldrefer the matter within fifteen daysof such a declaration to theSupreme Court. The fourth consti-tutional amendment includes thesovereignty or integrity of thecountry in the list of grounds forreasonable restrictions imposed onfreedom of association.

The LFO 2002 further amendsArticle 17 and lays down that nopolitical party shall promote sec-tarian, ethnic and regional hatredor animosity, be titled or consti-tuted as a militant group or section,and that every political party shallhold intra-party elections. Hence,Article 17, which theoreticallyguarantees freedom of association,is the most amended constitutionalprovision on fundament rights.

The Revival of the Constitu-tional Order (RCO), 1985 broughtabout a large number of qualifica-tions and disqualifications for themembership of parliament. Origi-nally, the constitution provided fora few qualifications, whichincluded the requirements of citi-

zenship and minimum age. Thedisqualifications provided origi-nally in the Constitution were alsofew, which included insanity,insolvency, termination of citizen-ship, and the holding of office ofprofit (paid position) in the serviceof Pakistan. The RCO madewholesale additions to these quali-fications.38

The qualifications addedunder Article 62 of the Consititu-tion require a candidate for theparliament 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 asabstaining 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 addedunder 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 service 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 tobe in such service; or

(f) Not to have been found guiltyof a corrupt or illegal practice 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 aperiod 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 arespecific and can be adjudicatedupon, others are so general that ifthey are strictly applied, hardlyanyone would qualify.39

The LFO 2002 further rein-forces the limitations on becom-ing a member of parliament byadding/substituting the followingdisqualifications:

“While some ofthese qualificationsand disqualificationsare specific and can beadjudicated upon,others are sogeneral that if theyare strictly applied,hardly anyonewould 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 ProtectedExecutive Orders

The Conduct of General Elec-tions Order, 2002 stipules the qual-ification of graduation for the firsttime in the electoral history of thecountry. It provides that a personshall not be qualified to be electedor chosen as a member of the par-liament or provincial assemblies

unless he is at least a graduate pos-sessing a bachelors degree in anydiscipline or any degree recog-nized as equivalent by the Univer-sity Grants Commission, under theUniversity Grants CommissionAct, 1974, or any other law inforce at the time. This qualifica-tion, according to European Com-mission observers, denied 96 per-cent of all voters their right to runfor office in Pakistan.40

The Qualification to HoldPublic Offices Order, 2002, bars aperson from holding the office ofPrime Minister or Chief Ministermore than twice. It applies even tocases where a prime minister orchief minister might not have com-pleted a full term of office.

The Political Parties Order, 2002The Political Parties Order,

2002 was promulgated on June 28,2002 to provide for the formationand regulation of political parties.It repealed the Political PartiesAct, 1962. The Order lays downthe following requirements forpolitical parties:

1. Every political party shall have a distinct name.

2. Every political party shall formulate its constitution with whatever name it may bereferred.

3. Every political party shall provide a copy of its constitu-tion to the Election Commis-sion.

4. A member of a Political Party

“It provides thata person shall not bequalified to be elected

or chosen as amember of theparliament or

provincial assembliesunless he is at least

a graduate... accord-ing to European

Commissionobservers, this denied

96 percent of allvoters their right to

run for office inPakistan.”

19


is required to pay a member-ship fee.

5. Any contribution or donationmade 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 beeligible to obtain an election symbol for contesting elec-tions for parliament and

“Any contribution or donation made in cash, kind,...by any foreigngovernment, multi-national or domestically incorporated public or

private company, firm, trade and professional associationshall be prohibited.”

20


provincial assemblies when itsubmits 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 isoperating 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 decisionin Benazir Bhutto Case

The Political Parties Act,1962, was amended to provide forthe registration of political partiesin 1979. Later, the requirement ofregistration was relaxed. How-ever, some political partiesremained unregistered, while veryfew smaller parties got registered.

Further amendments weremade in the Political Parties Act,1962, in January 1985, before thegeneral elections of February1985. The amendments wereseemingly designed to keep thePakistan People's Party (PPP)

from participating in the elections.Thus, for instance, the amend-ments provided that any personwho had at any time, after Decem-ber 1, 1971, been an office-beareror even a member of the executivecommittee at the national orprovincial set-up of a politicalparty which had neither been reg-istered nor declared eligible toparticipate in elections by theElection Commission by October11, 1979, would not be qualifiedto be elected for a period of sevenyears, or chosen as a member ofthe parliament or provincialassemblies.41

Benazir Bhutto, the co-chair-person of PPP, challenged all suchoffending provisions of the Politi-cal Parties Act as being unconsti-tutional and in violation of thefundamental right of freedom ofassociation under the Constitu-tion. A constitutional petition wasfiled directly before the SupremeCourt in its original jurisdictionunder article 184 (3) of the Con-stitution.42

The Supreme Court held inno uncertain terms that the Consti-tution guaranteed every citizen(not in the service of Pakistan) theright to form a political party, andcould only be subject to reason-able restrictions imposed by thelaw in the interest of the sover-eignty or integrity of Pakistan.

On the question of renderingaccounts for audit, the Court heldthat this could not be regarded asan unreasonable restriction or out-side the ambit of Article 17.

Regarding the inclusion ofthe expression 'security of Pak-

“The SupremeCourt held in no

uncertain terms thatthe Constitutionguaranteed every

citizen (not in theservice of Pakistan)

the right to form apolitical party, and

could only be subjectto reasonable

restrictions imposedby the law in the

interest of thesovereigntyor integrity

of Pakistan.”

21


istan' in addition to other expres-sions used in the Political PartiesAct, it held that the inclusion ofthis expression was a constraint onthe 'freedom of association'beyond the scope of Article 17.This expression was not used inArticle 17 and, therefore, its inclu-sion in the Political Parties Actwas a violation of Article 17, andhence void.

Compulsory registration ofpolitical parties was also declareda violation of Article 17, as itplaced unreasonable restrictionson the exercise of a fundamentalright - since it was not simply reg-istration, but was also accompa-nied by penal consequences. TheCourt also observed that the powerof cancellation of registration,vested in the Election Commis-sion, was without any safeguardsand entirely at the discretion of theElection Commission, and no rem-edy had been provided against itsdecisions. Hence, the court con-cluded that it constituted an unrea-sonable restriction on the right toform associations.43

However, the inclusion of theterms Islamic ideology, moralityand maintenance of public orderwere upheld for the reason thatthese formed a part of and wereinherently included in the expres-sions "sovereignty" and "integrity"of Pakistan used in Article 17 ofthe Constitution.

Anti-Defection LegislationThe problem of party defec-

tions and floor crossing hadassumed an alarming proportionsince 1985, after the restoration of

parliament. Provincial govern-ments were overthrown and thefederal government had immensedifficulty in running the affairs ofthe state, and ensuring smoothsailing in the House due to fre-quent switching of loyalties by alarge number of legislators.

The first measure to enddefections was taken by the Junejogovernment in 1986. The PoliticalParties Act, 1962, was amended toprovide for an anti-defectionclause. It stipulated that if a mem-ber of the House (of parliament ora provincial assembly), havingbeen elected as a candidate or anominee of a political party, orhaving become a member of apolitical party after such election,defected, or withdrew himself/her-self from the political party, he/shewould stand disqualified frombeing a member of the House forthe un-expired period of his/herterm. The question of his/her dis-qualification would be determinedby the Election Commission on areference by the leader of the par-liamentary party to which he/shebelonged.

In order to put an effectiveend to defections, the fourteenthconstitutional amendment wasunanimously passed by the parlia-ment and instituted in the Consti-tution on July 3, 1997, after Presi-dential assent.

The fourteenth amendmentadded Article 63-A to the Consti-tution, providing that if a memberof the Parliament or a ProvincialAssembly defects, then the head ofthe political party to which he/shebelongs, 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 withinseven days to explain why actionshould not be taken to disqualifyhim/her from membership. Afterthe show cause notice, the discipli-nary committee of the partydecides whether the matter pertainsto a breach of party discipline, suchas a violation of the party constitu-tion, code of conduct, or declaredpolicies. In case of a decisionagainst such a member, he/she canappeal to the head of the party,whose decision is then final.44

In case a member votes con-trary to any direction issued by theparliamentary party to whichhe/she belongs, or abstains fromvoting against party policy in rela-tion to any Bill, the head of theparty concerned, after examininghis/her explanations, determineswhether or not such a member hasdefected. The decision is sent to thepresiding officer of the House to

which the member concernedbelongs, who then conveys itwithin two days to the Chief Elec-tion Commissioner (CEC). TheCEC in turn gives effect to thedecision within seven days. Theaction of the party head cannot bechallenged before any court,including the Supreme Court or aHigh Court.45

The Legal Framework Order(LFO) issued by the government inAugust 2002, now validated by theseventeenth constitutional amend-ment, substitutes Article 63-A with

a new version of the anti-defectionclause. The new version providesthat if a member of a parliamentaryparty composed of a single politi-cal party in a House resigns frommembership of his political party,or joins another party, or votes orabstains from voting in the Housecontrary to any direction issued bythe parliamentary party to which he/she belongs, in relation to (1) the

“The new version provides that if a member of a parliamentaryparty composed of a single political party in a house resigns from

membership of his political party, or joins another party, or votes orabstains from voting in the house contrary to any direction issued bythe parliamentary party to which he/she belongs... may be declared to

have defected from the political party...”

23


election of the Prime Minister orChief Minister, (2) a vote of confi-dence or no confidence for theleader of the House, or (3) a moneybill, he/she may be declared tohave defected from the politicalparty, in writing, by the head of theparliamentary party. The head ofthe parliamentary party mayaccordingly forward a copy of thedeclaration 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 sucha member an opportunity (showcause) to explain why such a decla-ration should not be made againsthim.

The presiding officer of theHouse shall, within two days of thereceipt of the declaration, refer thesame to the Election Commission.The Commission shall decide, con-firming the declaration or other-wise, within thirty days. If theElection Commission confirms thedeclaration, the member shall losemembership of the House and hisseat shall become vacant.

Any party aggrieved by thedecision of the Election Commis-sion may, within thirty days, file anappeal to the Supreme Court,which shall decide on the appealwithin three months.

Although defections in politi-cal parties had become a problemand needed to be addressed, theremedy offered in the fourteenthamendment went beyond the scopeof the problem. The fourteenthamendment silenced any dissentwithin political parties, rather than

just ending defections. Notably,voting within the party on a bill orabstention from voting on a bill isnot unusual in established democ-racies, and has never been equatedwith defection.

The new version of the defec-tion clause provided a solution.Defection is now limited only tovotes of confidence or no confi-dence for the leader of the House,and voting on money bills. It alsoprovides relief to the defector, bythe provision of an appeal to theSupreme Court, which was deniedin the fourteenth constitutionalamendment.

It can be argued that after theintroduction of the anti-defectionclause in the Constitution, thedefections have generally been

checked. However, the spate ofdefections witnessed after the 2002elections are rooted in extra-consti-tutional mechanisms, wherein theanti-defection clause was held inabeyance despite partial restorationof the Constitution on November16, 2002.

“Although defections in political parties had

become a problem and needed to be addressed, the

remedy offered in the fourteenth amendment went

beyond the scope of the problem...”

24


Political Parties in Pakistanhave operated under structuralconstraints. Saeed has pointed outthat the organization of politicalparties was prevented throughexecutive decrees and martial lawregulations.46 Military takeovershave generally resulted in bans onpolitical parties, or in witch-huntsof politicians.

Ban on Parties andDisqualification of Politicians

The October 7, 1958 declara-tion of martial law banned allpolitical parties. General AyubKhan issued an ordinance again onMay 10, 1962, banning the revivalof organizations for political pur-poses until the National Assemblyhad had the time to examine thequestion of political parties andhad legislated upon them. Theorder prohibited the setting up ofpolitical organizations, as well asthe collection of funds for them,and the acquisition or ownershipof property by such organizations.It was also provided that no asso-ciation of persons, with or withoutan organizational structure, couldcall itself by any of its formerparty names.47

In March 1959, the militaryregime introduced the PublicOffices (Disqualification) Order,(PODO). By invoking PODO, theregime sought to silence politicalleaders.48

Another law was promulgatedfor the disqualification of politi-cians who, like public servants,had to be subjected to enquiries bytribunals, to be appointed by thePresident or a Governor. This law,Elective Bodies (Disqualification)Order, 1959 (popularly known asEBDO), defined misconduct of apolitician as meaning any subver-sive activity, preaching of anydoctrine or committing an actwhich contributed to politicalinstability, corruption, or if he hada general or persistent reputationfor favouritism, nepotism, willfulmaladministration, willful misap-plication or diversion of publicmoney, and any other abuse ofpower or position. The reach ofthe law was very wide becauseelective bodies included anyassembly, board, or committee ofwhich the constituent memberswere chosen by means of election,and included legislatures, munici-pal bodies, cantonment boards,

Military Regimes andPolitical Partiesin PakistanLeading Issues

“Under thisevidently harsh law,

several leadingpoliticians like

Suhrawardy,Qayyum Khan, and

Ayub Khuro weredisqualified,

or EBDOed. ”

25


district boards, and so on.49

Under this evidently harshlaw, several leading politicianslike Suhrawardy, Qayyum Khan,and Ayub Khuro were disquali-fied, or EBDOed. The law, partic-ularly its application, wasseverely criticized in legal andpolitical circles throughout Pak-istan. There is little doubt that inthe application of the law and theproceedings of the tribunals,politicians of national standingand sound reputation were delib-erately humiliated.50 With thisorder more than 6000 personswho held public offices or posi-tions were debarred from partypolitics.51

The Political Parties Act,1962, providing for the formationand regulation of political parties,received the President's assent onJuly 16, 1962. This law preventedthose disqualified under the Elec-tive Bodies DisqualificationOrder, 1959 (EBDO), from partic-ipating in political activities, andit gave the government the author-ity to declare others ineligible,should they engage in activitiesconsidered detrimental to thehealth and security of the nation.52

While declaring martial lawon July 5, 1977, General Ziaannounced the holding of elec-tions within ninety days, whichwere scheduled to be held onOctober 18, 1977. The promisedelections were postponed onOctober 1, 1977. All politicalactivities in the country werebanned. General Zia announcedthat the process of accountabilitywould be completed first and then

a new date for polls would befixed.53

The Political Parties Act,1962, was amended in 1979, pro-viding for political parties to sub-mit their accounts to the ElectionCommission and to apply to it forregistration. A political partywhich failed to do so could notconduct any political activity.Later, the requirement of registra-tion was relaxed. Instead of regis-tration, the Election Commissionsatisfied itself by circulating aquestionnaire to political partiesand receiving their responses.However, a number of politicalparties remained unregistered,including the PPP, and only a fewminor political parties were regis-tered. General Zia's objective wasto keep the PPP out of the generalelections proposed to be held in1979. However, Zia once againpostponed general elections, thistime indefinitely.54

Further amendments weremade to the Political Parties Act,1962, in January 1985, before thegeneral elections of February1985. The amendments providedthat any person who had at anytime after December 1, 1971, beenan office-bearer or even a memberof the executive committee at thenational or provincial set-up of apolitical party which had neitherbeen registered nor declared eligi-ble to participate in elections bythe Election Commission byOctober 11, 1979, would not bequalified for a period of sevenyears to be elected or chosen as amember of parliament or a provin-cial assembly. However, members

“ ...politicians ofnational standingand soundreputation weredeliberatelyhumiliated. Withthis order more than6000 persons whoheld public offices orpositions weredebarred from partypolitics.”

26


of the Federal Council (Majlis-e-Shura), hand-picked by GeneralZia, were not to be affected by theaforesaid disqualification.55

It was further provided thatany person who has been a federalminister, or minister of state, anadvisor or provincial minister, atany time between December 1,1971 and July 5, 1977 (during Z.A. Bhutto's regime) would not bequalified for a period of sevenyears to be elected as a member ofparliament or a provincial assem-bly. These provisions clearly andmanifestly ensured that the entireleadership 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 suchrestricting provisions of the Politi-cal Parties Act as unconstitutionaland in violation of the fundamen-tal right of freedom of associationunder the constitution.57 As men-tioned already, the Supreme Courtclearly held that the Constitutionguaranteed every citizen (if not inservice of Pakistan) the right toform a political party, and couldonly be subject to reasonablerestrictions imposed by the law inthe interest of the sovereignty orintegrity of Pakistan. Compulsoryregistration of political parties wasdeclared as a violation of Article17 of the Constitution for placingunreasonable restrictions on thefundamental right of association,accompanied by penal conse-quences.58

The Supreme Courtannounced its above judgment on

June 20, 1988, when General Ziawas still alive. It was a clear rebuffto Zia, who had dissolved theNational Assembly on May 29,1988, dismissed the Junejo Gov-ernment, and announced that elec-tions would be held on a non-partybasis.59

The military takeover ofOctober 1999 resulted in anotherphase of accountability in thecountry. The National Account-ability Bureau (NAB) was estab-lished to prosecute cases of cor-ruption. Initially, it was perceivedthat the process of accountabilitymight result in punishing real cul-prits and would remain even-handed. However, it graduallytranspired that the politicians sid-ing with the regime were nothounded any more. According tothe NAB Annual Report for 2003,from 1999 to 2003, investigationswere authorized against 302 politi-cians, and completed in only 116cases. Investigations were sanc-tioned against a mere 21 personnelof the armed forces, only 6 ofwhich have so far been com-pleted.60

Non-party Elections andElected Bodies

To de-politicize the associa-tional realms and further renderpolitical parties irrelevant to thestate, successive military regimescame out with non-party basiselections. Interestingly, local bodyelections held during the eras ofGeneral Ayub, General Zia andGeneral Musharraf were all non-party based; two general electionsin Pakistan were also held on a

“The NationalAccountability

Bureau (NAB) wasestablished to

prosecute casesof corruption...

However, itgradually transpired

that the politicianssiding with the

regime were nothounded

any more.”

27


non-party basis.

De-institutionalization of PartiesSuccessive military govern-

ments adopted a policy of de-insti-tutionalization of political parties.Consequently, the institutionalcore of the political culture gaveway 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-basedpatterns of politics. A party’s man-ifesto, policy, past performanceand leadership are no long asimportant a determinant of politicsas it used to be in pre-militarypolitical periods.

Factionalization ofPolitical Parties

The phenomenon of factional-ization is not limited to Pakistanalone. There are other countries as

well where parties have split intomany factions. However, in thecase of Pakistan, calculated pro-motion of factionalism made themirrelevant 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 multiplefactions and leaders. During themartial law under General Zia, theprocess of factionalization ofpolitical parties became particu-larly pronounced. PPP, JUI andJUP were split into factions. Thebreak-away factions were eithersympathetic with the regime, or atleast not too critical of it. The mil-

itary government during 1999-2000 furthered the process, fac-tionalizing PPP, PML and ANP.

According to 2002 statisticson 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 Elections3 1964 Local Government (Basic Democrats)

4 1979 Local Government (Local Bodies)

5 1983 Local Government (Local Bodies)6 1985 National and Provincial Assemblies7 1987 Local Government (Local Bodies)

8 1991 Local Government (Local Bodies)9 2001 Local Government

Table 2: Non-party based Local and National Elections

Source: Wilder, Andrew R., The Pakistani Voter: Electoral Politics and Voting Behaviourin the Punjab, Oxford University Press, Karachi, 1999.

28


tion Commission of Pakistan, allthe major parties have more thanone faction. Six factions of thePakistan Muslim League quali-fied for elections in 2002, whilethe documents of another six fac-tions were rejected. Four factionsof JUP and three factions of PPPalso qualified.61

This pattern contributed tothe erosion of mainstream politi-cal parties. Given the importanceof nation-wide parties which helpmainstream different ethnicgroups, communities and classes,this factionalization does notaugur well for the political sta-bility and integrity of the country.

Localization of PoliticsOne of the patterns in the

contemporary political profile ofthe country is the element oflocalization of politics. The Octo-

ber 2002 elections witnessedpublic campaigns, which werelargely devoid of national issues.The logic of beradari (family andkinship networks) and commu-nity-based voting was the maindeterminant of the election out-come. Local patronage hasalways been an important deter-minant in voting, but broaderissues of public policy too havesome relevance, even thoughthese have been totally overtakenby the former.

Another aspect of localiza-tion of politics is found in theinstitutional mechanisms of theadministrative set-up in districtgovernments. The elected localadministration is supposedly non-party. It reinforces the de-institu-tionalization of politics, includ-ing de-legitimization of partypolitics at the local level.

“ The October 2002 elections witnessed public campaigns, whichwere largely devoid of national issues. The logic of beradari (familyand kinship networks) and community-based voting was the main

determinant of the election outcome... Another aspect of localizationof politics is found in the institutional mechanisms of the

administrative set-up in district governments.”

29


There are areas intrinsic to theinternal workings of political par-ties in the country, which lie in thedomain of political party reform.Unfortunately, political parties inPakistan have yet to realize theimportance of political partyreforms not only for the develop-ment of political parties, but alsofor the consolidation of democ-racy in Pakistan.

The role of political partieshas been unenviable due to a lackof institutional profundity, thechronic problem of defection, cor-rupt practices in pursuit of cam-paign financing, as well as theabsence of open and accountableactivities of office holders.62

Party FundsDisclosure of party funds and

transparency in the financial deal-ings of the party is an importantarea in terms of the institutionalintegrity of political parties. Thecomments pertaining to the 1947-58 period still hold, that partiesgenerally desist from disclosingtheir income and expenditure. K.K. Aziz observed many years agothat parties in Pakistan did not dis-close their sources of funds, andtherefore it is difficult to commentupon the problem of party financeand its implications for partystructure.63

It is a fair guess that much

more money is collected at thecentre than in the districts, withthe result that political parties tendto be more centralized. Moremoney is donated by prosperousindustrialists and landlords thanby common members through nor-mal subscriptions, which makesparties more subservient to theirwealthy patrons, and moredivorced from their own rank andfile.64

Another issue is the paucity offunds for political parties. Waseemobserves that parties are weak inPakistan because they lack finan-cial resources. Electoral candi-dates are relatively strong becausethey 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 politicsalong the lines of organization-based policy preferences.65

Unless parties in Pakistanengage themselves in fundraisingactivities, they will continue towoo local influentials for support.Thus, certain parties have indeedbeen able to give tickets for elec-tions to political non-entitiesbecause of their wealth, and havestill managed to win seats. Gen-uinely representative leadershipwill only be elected when a partyhas high institutional integrity,credible intellectual inputs, and an

Political Party Reforms Grey Areas

“ Genuinelyrepresentativeleadership will only beelected whena party has highinstitutional integrity,credible intellectualinputs, andan independentfund-raisingprogramme. Mostparties in Pakistan havea long way to go in thisdirection.”

30


independent fund-raising pro-gramme. Most parties in Pakistanhave a long way to go in thisdirection.66

Internal Democracyin Political Parties

The tradition of periodic andtransparent elections in politicalparties is not established as yet inPakistan. Intra-party elections area legal requirement, as provided inthe Political Parties Order, 2002.However, fourteen political partiesgot their top leadership elected"un-opposed", after the impositionof the conditionality of intra-partyelections in the Political Parties

Order, 2002. Only the AwamiNational Party (ANP) and a cou-ple of religious parties refused tohold fresh elections, maintainingthat their incumbent office-bearerswere already elected in valid elec-tions within the party.67

Legislative Role ofPolitical Parties

An important task for politicalparties is to prepare themselves fortheir legislative roles. Parties inPakistan are ill-equipped to pro-vide in-house training and research

facilities to their legislators. It isdue to this lack of party prioritythat we find poor performanceamong legislators in areas of legis-lation and oversight of the execu-tive.

In Pakistan, legislation wasrelegated to a secondary positionsoon after independence as the firstConstituent Assembly met for onlyfifty-one days a year for sevenyears. The situation had notchanged till Pakistan's third phaseof parliamentary democracy. Com-menting on the period between1985-99, the Human Developmentin South Asia 1999 report notedthat today, the Prime Minister andhis/her cabinet colleagues hardlyattend parliamentary proceedings.The report further observed thatsince the restoration of multi-partydemocracy in Pakistan, less thanseventy parliamentary sessionshave been held, lasting less thanthree weeks on average.68

Irrelevance ofLocal Party Branches

There is an absence of a nat-ural process of political leadershipformation. The parties in Pakistando not encourage party workers todevelop into leaders and politi-cians. Political parties do not haveany hierarchical pattern wherebylocal leaders could gradually moveupward through the district,provincial and national levels. Theinput of local branches of the partyin policy issues is minimal. Partypolicies are generally formulatedat the top level and in a highly per-sonalized and individualized man-ner.

“The parties in Pakistan do not encourage partyworkers to develop into leaders and politicians... Theinput of local branches of the party in policy issues is

minimal.”

31


Parties wielding governmen-tal power often deny legitimatespace to opposition parties in thecountry. Treatment of the opposi-tion in Pakistan typicallyincludes a ban on activities ofpolitical opponents, dismissals ofopposition-controlled provincialgovernments, victimization ofopposition politicians and otherdraconian measures.

Profile of Opposition (1947-58)The opposition in Pakistan

was very weak and insignificantin the early years of its politicalhistory. However, oppositionparties gradually gatheredmomentum. The only significantopposition party in the earlyyears was the Pakistan NationalCongress (PNC), consisting offormer Congress members fromEast Pakistan. But its activitieswere primarily confined to theConstituent Assembly, where ithad 11 members out of a total of69 members (later raised to 79)in the House. Their loyalty toPakistan often came to be ques-tioned when they criticized themounting defense expenditure.The communal nature of politicalparties virtually precluded anypossibility of the Congress(PNC) gaining political support.69

It is primarily due to theabsence of an effective opposi-

tion that we find a one-party rulewell entrenched in the politicalsystem. In the first seven yearsafter independence, when theMuslim League held unchal-lenged sway, the opposition wasneither sizeable nor strongenough to influence policy-mak-ing. In that period of recurringcrises, the rush of refugees, theKashmir problem, Jinnah's death,and Liaqaut Ali's assassination,and tremendous enthusiasm forthe newly-won country, criticismof the government was some-times equated with treason. Theonly significant contribution ofthe opposition in the early yearswas its effective opposition to theObjective Resolution in 1949.70

Muslim opposition partiesbegan to emerge when signs ofdissension and disintegrationappeared in the Muslim leagueranks. By the end of 1949, Pun-jab had 13 recognized oppositionparties, nine of which had beenset up by former Leaguers. Over-all, there were nearly twenty par-ties functioning in Pakistan atthat time, and the Pakistan Mus-lim League had declared thatmembership of any of these wasincompatible with its own mem-bership.

The religious parties, withthe exception of the Jamaat-i-Islami, and later the East Pak-

Opposition Parties Denial of Legitimate Space

“By the end of1949, Punjab had13 recognizedopposition parties,nine of which hadbeen set up byformer Leaguers.Overall, there werenearly twenty partiesfunctioning inPakistan atthat time...”

32


istan Jamiat-al-Ulama-i-Islam,were still undecided about theirrole in politics, and preferred toconfine their activities mainly toreligious issues.71

With the overthrow of theMuslim League, people lookedforward to a well-knit, hard-hit-ting and sensible opposition thatwould keep the government onits toes. Their hopes were beliedby the configuration of partiesafter 1954. The country under-went an almost overnight changefrom 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 everattempt to victimize politicalopponents by way of disqualifi-cation was made as early as1949. To discipline the factionalleaders within the MuslimLeague, the Public Representa-tive Office Disqualifications Act(PRODA) was passed in 1949 . Itwas designed to punish politicalleaders for corrupt practices,willful maladministration andabuse of power and position.Increased reliance on such con-trol mechanisms inhibited boththe development of the MuslimLeague into a well-organizedpolitical party, as well as thedevelopment of political partiesin general.73

A more questionable stepwas taken in September 1954,when the Assembly repealed thePRODA. This law had beeninvoked on a number of occa-sions, and some highly placedpublic figures had been punished.

Among those disqualified in thisway were M. A. Khuro, KaziFazlullah, Ghulam Nabi Pathanand Hamidul Haq Chaudhri. Inthe case of Ghulam Ali Talpur,there was an adverse finding butno penalty was awarded. In onecase, that of the Khan of Mam-dot, the members of the tribunaldid not agree amongst them-selves. And, in another case, thatof Mian Daultana, the proceed-ings did not conclude.

At the time the Assemblyrepealed PRODA, complaintsagainst a number of persons werepending. The bill of repeal,which was introduced and passedon the same day, on September20, 1954, contained a provisionby which the repeal was not toaffect the references "pendingbefore any court or tribunal on orbefore 1 September 1954". Theindecent haste with which therepealing law was passed and theenthusiasm and relief with whichit was received by politiciansgave an indication of their trueintentions.74 Feldman has aptlyremarked that, "PRODA had itsorigins in politics. It was used asa political weapon and it suc-cumbed to political considera-tion".75

Opposition Politics 1971-77Opposition parties played a

relatively effective role for thefirst 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

“Increasedreliance on such

control mechanismsinhibited both

the developmentof the MuslimLeague into awell-organized

political party, aswell as the

development ofpolitical parties in

general.”

33


the business of the parliamentand provincial assemblies, andalso demonstrated activism outof parliament.

However, political govern-ments' record of dealing withopposition parties has remainedhighly problematic. The Z. A.Bhutto government becameincreasingly intolerant andrepressive towards its politicalopponents. The JUI-NAP Min-istry in Baluchistan was dis-

missed and NAP outlawed. Theopposition media organs werebanned and journalists arrested.A large number of governmentopponents in political parties, aswell as amongst journalists, stu-dent activists and labour leaders,were put behind bars.76

According to the notificationof February 10, 1975, banning

the NAP (National Awami Party),the federal government declaredthat the NAP was operating in amanner "prejudicial to the sover-eignty and integrity of Pakistan",and in another notification of thesame date, the government alsodeclared that the NAP stood dis-solved, and its properties andfunds were forfeited by the gov-ernment. Thereafter, as requiredunder Section 4 of the PoliticalParties Act, 1962, the federal

government made a reference tothe Supreme Court on February24, 1975. The Court upheld thegovernment's stance that theNAP was acting in a mannerprejudicial to the sovereignty andintegrity of the country. Manyobservers have questioned theexecutive action of banning NAPand 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-GovernmentRelations (1988-99)

In the third phase of parlia-mentary experience, the post-Ziaera of 1988-99, victimization ofthe two major parties, i.e. PPP andPakistan Muslim League (N), con-tinued during their respective turnsin the opposition. Legislative per-formance of the opposition in thisera remained highly deficient. TheHuman Development in South Asia1999 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 theemergence of a two-party systemin the country. The electoral con-test between two leading partiesand their respective coalition part-ners resulted in a balance betweenthe treasury and opposition parties

within the parliament, which wasmissing in the two earlier phasesof parliamentary democracy. Inthe 1988 elections, PPP emergedas the single largest party, bysecuring 94 out of the 217 seats inthe National Assembly (excludingthe twenty seats reserved forwomen). Its rival, the IJI (IslamiJamhoori Ittehad), captured 50seats. The IJI represented thelargest ever parliamentary opposi-tion in the National Assembly.79

After the dismissal of the PPPgovernment in August 1990, elec-tions were held under caretakerarrangements in October 1990.

The IJI captured 106 seats againstPPP's 45. In the 1993 elections,PPP emerged as the single largestparty, with PML (N) in secondplace. However, in the 1997 elec-tions, PML (N) secured a two-thirds majority in the NationalAssembly, setting a record in theelectoral history of the country.

“This period witnessed the emergence of a two-partysystem in the country. The electoral contest between two

leading parties and their respective coalitionpartners 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 theinstitution of political parties haslost the trust of people globally, asevident from the declining voterturnouts and membership of partiesin many countries. Unlike Pakistan,however, this declining trend inwestern democracies was precededby successive decades of high voterturnouts and high levels of partymembership. But such a golden eraof political parties was never expe-rienced in Pakistan.

The first ever national electionson the basis of adult franchise wereheld in 1970, twenty-three yearsafter the establishment of Pakistan.The second general elections wereheld in 1977, but became controver-sial. The third national electionswere held in 1985, though on a non-party basis. Thereafter, four generalelections 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 droppedsignificantly, and has fluctuatedwithin a lower range of turnout inall the elections held during 1988-97. Besides, there has been a declineover this period in the outreach ofpolitical parties in urban Pakistan.These downward trends notwith-standing, the relevant frameworkfor the study of political parties inPakistan is not the one time recordhigh electoral turnout of 1970, butmore appropriately the broad pat-

terns resulting from the interplaybetween the state and political par-ties.

In 57 years of Pakistan's exis-tence, political parties have ruled inthree spells for only 27 years. Theremaining 30 years fell under eithermilitary rule or quasi-democraticdispensation with very limitedspace for political parties. Nine out

of the twelve national legislatureswere prematurely dissolved. Nineprovincial governments were dis-missed between 1947 and 1954.From 1951 to 1958, Pakistan hadtwo Governor-Generals and oneCommander-in-Chief, while sevenPrime Ministers tumbled in quicksuccession.

Four political governmentswere prematurely dismissedbetween 1988 and 1999. These gov-ernments lasted for one year andeight months in 1988, two years andnine months in 1990, three yearsand one month in 1993 and twoyears and eight months in 1997. Justone elected government in Pak-

Conclusions

“Four political governments were prematurely

dismissed between 1988 and 1999. These

governments lasted for...”

istan's history could complete itsconstitutional terms of office from1971 to 1977.

Thus political parties never hadthe chance to learn the art of gover-nance by staying in office longenough. Nor could the oppositionparties play their due role in a sus-tained democratic process. Hence,political parties in Pakistan largelyoperated while out of power as anoppositional force, in an anti-systemframework.

There could be three possiblecauses for the premature dismissalof political parties in Pakistan: first,a weak and unaccountable party sys-tem; second, the President's arbi-trary use of discretionary power todismiss governments; and third, theabsence of independent institutionsof accountability.

Political parties could be heldprimarily responsible only if givenan unhindered opportunity to imple-ment their policies and completetheir constitutional term in office.Charges of corruption and misrule,the typical justification in Pakistanfor dismissals, also come up againstpolitical governments in other coun-tries including established democra-cies. But there are impartial institu-tions, rules and conventions tocheck and punish corruption in highoffices, something that is missing inthe case of Pakistan.

Instead of developing impartialinstitutions and traditions for suchaccountability, the experience inPakistan is one of endless constitu-tional and legal engineering aimedat muzzling the opposition at thecost of the rule of law and judicialindependence. Whenever com-

plaints of corruption and misrulepiled up against a political govern-ment, the whole system was dis-mantled. No doubt, political partieshave lacked accountability, trans-parency and internal democracy.But this has not been the principalcause for their dismissals.

The primary problem in Pak-istan is not of weak and unaccount-able parties, but the absence ofdemocracy, denial of space to polit-ical parties to function both in gov-ernment and as opposition. Besideskeeping them out of power, politicalparties have also been preventedfrom contesting even when elec-tions were held. Conditions preva-lent in Pakistan have greatlyretarded not only the growth ofpolitical parties, but also politicalleadership and a healthy politicalculture.

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 politicsbased on beraderi, caste and ethnicgroupings at the cost of countrywideand all-inclusive political forma-tions. To make things worse, fac-tions and client groups have beenpromoted to weaken and fragmentthe larger political parties withnationwide following.

Besides these state-level struc-tural constraints, the presently weak,unaccountable, non-transparent,undemocratic, overly centralizedand highly personalized party struc-tures also contribute to the acuteweakness of political parties in Pak-istan.36


At the level of the StatePublic Funding of Political Par-ties: This already exists in sev-eral countries, based on theassumption that political partiesperform an important public ser-vice. Government funding ofpolitical parties provides a levelplaying field for parties, and alsosupports development of partiesthat are weak and under-funded.Public subsidies also help limitthe need for donations fromunlawful sources and preventcorruption in party fundraising.Such a system in Pakistan, ifproperly institutionalized, canpromote political mobilizationand participation of many dor-mant groups, especially the edu-cated middle class; strengthen anaccountable, responsible and ser-vice-oriented political culture;and help check existing corrup-tion in political financing - oftenat very heavy cost to publicresources .

Capacity Building of Politi-cal Parties: Modernization andprofessionalization of politicalparties is increasingly necessaryin this age for effective democra-tic participation, promotion ofcapable leadership and good gov-ernance. Political parties in Pak-istan, however, are particularlydeficient on these counts. Bothpublic interest and democratic

development in Pakistan demandsthat political parties undergo along-term, continuing and multi-dimensional capacity buildingthrough trainings, research, man-agement and information skills,etc. This requires input both fromoutside and within political par-ties for their capacity building.

Space for Opposition Par-ties: Both democracy and goodgovernance require effective par-ticipation of the opposition. How-ever, opposition parties in Pak-istan have generally been deniedtheir legitimate space in and out-side parliament. Inter-Parliamen-tary Union (IPU), an internationalbody of parliaments of the world,has issued Guidelines on theRights and Duties of the Opposi-tion in Parliament, which wereunanimously adopted at a Parlia-mentary Seminar in 1999. Thoseguidelines can help formulatenecessary rules in Pakistan. Thefollowing aspects of the Guide-lines are very relevant in Pak-istan’s context:

The opposition shall be entitledto be represented, proportion-ate to its numbers, on each par-liamentary committee and sub-committee.The opposition shall be entitledto 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 committeecompetent to exercise oversightover secret activities, regard-less of their nature.

At the level of Political PartiesInternal Democracy and

Transparency: It is criticallyimportant that political parties inPakistan should establish mecha-nisms for internal democracy andtransparency in the party struc-ture. In this regard, the followingmeasures are particularly impor-tant:

Holding of periodic electionswhere party members can freelyand independently choose theirleaders at central, provincialand national levels.Allow and encourage theirmembers to express their opin-ions freely and be tolerant ofdifferent views.Hold leaders accountable tomembers and supporters.Selection of leadership for pub-lic offices should be made moreparticipatory involving mem-bers of the party.

Strengthening of Local PartyOrganizations: Political parties inPakistan should devolve moreauthority from party headquartersto local branch offices in order toimprove decision-making and alsoaccountability to the constituents.

Ethical Standards and Disci-pline: There is a need for politicalparties in Pakistan to institutional-ize a variety of measures to pro-mote ethical conduct among theirmembers, leaders, and candidates,and to punish those who engage inunethical behaviour or violate thelaws of the party. For example,parties can come out with codes ofconduct, written regulations, rein-forcing preventive measures, suchas training, procedures forenforcement, particularly moni-toring and evaluation, and disci-plinary processes. This wouldgreatly help in the development ofpolitical leadership, which can ful-fill public expectations of highmorality and honesty.

At the level of Civil Society Political party development

requires extensive engagement ofthe civil society. The experience ofother countries shows that civilsociety has played a crucial role inrecent years in political partyreforms, legislative advocacy andtraining 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 inthe form of manifestoes andstatements, etc., on issues ofpublic importance. Playing the role of watchdog onthe performance of politicalparties in the legislature. Protection of the legitimaterights of opposition parties inand outside parliament.38


39


1 NDI, A Guide to Political Party Development, Washington,NDI, 2001. p. 3.2 Ibid., preface.3 Ibid., p. 6.4 Ibid.5 Ibid., p. 3.6 NDI, Political Parties and the Transition to Democracy,Washington, NDI. p. 4.7 Khan, Zafarullah, Struggling for Survival: State of Political Parties inPakistan, p. 17.8 Manikas, Peter M. and Thornton, Laura L., Political Parties in Asia:Promoting Reform and Combating Corruption in Eight Countries,Washington, NDI, 2003. p. 14.9 Ibid., p. 13.10 Ibid., p. 15.11 Ibid.12 Ibid., p. 25.13 Ibid., p. 27.14 http://magnet.undp.org/Docs/parliaments/governing%20system.htm 15, 16, 17 Ibid.18 Lipset, Seymour Martin, "The Indispensability of Political Parties",Journal of Democracy, January 2000. p. 48.19 Inter-Parliamentary Union, Guidelines on the Rights and Duties of theOpposition in Parliament. Unanimously adopted by the participants atthe "Parliamentary Seminar on Relations Between Majority and Minor-ity Parties in African Parliaments". May, 1999. pp. 17-19.20 Diamond, Larry, Developing Democracy: Towards Consolidation, Bal-timore, The Johns Hopkins University Press, 1999. p. 1.21 Cited in Diamond, Larry, Developing Democracy: Towards Consolida-tion, Baltimore, The Johns Hopkins University Press, 1999. p. 1.22 The third wave of democracy also reached Pakistan around the sametime with the restoration of democracy in Pakistan and holding of party-based elections in November 1988.23 Cited in Diamond, Larry, Developing Democracy: Towards Consolida-tion, Baltimore, The Johns Hopkins University Press, 1999. pp. 1-2.24 Cited in Diamond, Larry, Developing Democracy: Towards Consolida-tion, Baltimore, The Johns Hopkins University Press, 1999. p. 1.25 Diamond, Larry, "Is Pakistan The (Reverse) Wave of Future?", Journalof Democracy, July 2000. p. 92.

Notes and References

40


26 Ibid.27 Diamond, Larry and Gunther, Richard, Political Parties and Democ-racy, The Johns Hopkins University Press, London, 2001. p. ix.28 Ibid.29 UNDP, Human Development Report: Deepening Democracy in Frag-mented World, New York, Oxford University Press, 2002. pp. 69.30 Ibid.31 Manikas, Peter M. and Thornton, Laura L., Political Parties in Asia:Promoting Reform and Combating Corruption in Eight Countries,Washington, NDI, 2003. p. 5.32 Bari, Sarwar, "Declining Voter Turnout", The News, Januray 6, 2002.33 Bari, Sarwar, "Sociology of Party Politics", The News, February 1, 2003.34 Ibid.35 NDI, Strengthening Political Party Systems Panel: Report to the Com-munity of Democracies Non-Governmental Forum, Seoul, November 10-12, 2002. 36 Dippell, Matt, The Role of Civil Society and Political Parties in aDemocracy, National Democratic Institute of International Affairs. Pre-sentation to Special Commission on Inter-American Summits Manage-ment, Washington DC, Febraury 12, 2000.37 Ibid.38 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi,Oxford University Press, 2001. p. 671.39 Ibid., 672.40 Shah, Aqil, "Pakistan's Armored Democracy", Journal of Democracy,Volume 14, Number 4, October 2003. p. 28.41 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi,Oxford University Press, 2001. p. 684.42 Ibid., p. 682.43 Ibid., p. 686.44 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi,Oxford University Press, 2001. p. 819.45 Ibid.46 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar AliBhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 21.47 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi,Oxford University Press, 2001. p. 284.48 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar AliBhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 21.49 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi,Oxford University Press, 2001. p. 216.50 Ibid. 51 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar AliBhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 2152 Khan, Hamid, Constitutional and Political History of Pakistan, Karachi,

41


Oxford University Press, 2001. pp. 288-9.53 Ibid., 622.54 Ibid., 684.55, 56, 57, 58 Ibid.59 Ibid., p. 687.60 National Accountability Bureau, Annual Report 2003, Islamabad,National Accountability Bureau, March 2004. p. 20.61 Khan, Zafarullah, Struggling for Survival: State of Political Parties inPakistan, Islamabad, Liberal Forum Pakistan, 2002. p. 3.62 The Mahbubul Haq Human Development Centre, Huamn Developmentin South Asia 1999: The Crisis of Governance, Karachi, Oxford Univer-sity Press, 1999. p. 61.63 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, NationalCommission on Historical and Cultural Research, 1976. p. 211.64 Ibid.65 Waseem, Mohammad, "Why Political Parties are Weak", Dawn, Octo-ber 29, 2000.66 Ibid.67 Zafarullah Khan, Struggling for Survival; State of Political Parties inPakistan, Islamabad, Liberal Forum Pakistan, 2002. p. 5.68 The Mahbubul Haq Human Development Centre, Huamn Developmentin South Asia 1999: The Crisis of Governance, Karachi, Oxford Univer-sity Press, 1999. p. 59.69 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, NationalCommission on Historical and Cultural Research, 1976. pp. 185-189.70 Ibid.71 Afzal, Rafique, Political Parties in Pakistan 1947-1958. NationalCommission on Historical and Cultural Research, Islamabad, 1976. p.88-89.72 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, NationalCommission on Historical and Cultural Research, 1976. pp. 185-189.73 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar AliBhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 25.74 Aziz, K. K., Party Politics in Pakistan 1947-1958, Islamabad, NationalCommission on Historical and Cultural Research, 1976. pp. 21-22.75 Shafqat, Saeed, Civil Military Relations in Pakistan: from Zulfiqar AliBhutto to Benazir Bhutto, Colorado, Westview Press, 1997. p. 39.76 Khan, Hamid, Constitutional and Political History of Pakistan,Karachi, Oxford University Press, 2001. pp. 468.77 Ibid., pp. 525-7.78 The Mahbubul Haq Human Development Centre, Huamn Developmentin South Asia 1999: The Crisis of Governance, Karachi, OxfordUniversity Press, 1999. p. 59.79 Mahmud, Safdar, Pakistan: Political Roots and Development,1947-1999, Karchi, Oxford University Press, 2000. p. 389.

42


Larry Diamond and Richard Gunther, Political Parties and Democracy,The Johns Hopkins University Press, 2001.

Richard Gunther, Jose Ramon Montero and Juan J. Linz, eds., PoliticalParties: Old Concepts and New Challenges, Oxford, Oxford UniversityPress.

O.P.,Ralhan ed., Encyclopedia of Political Parties: India, Pakistan andBangladesh, New Delhi, Anmol Publishers Pvt Ltd, 1996.

George, E. Delury, ed., World Encyclopedia of Political Systems andParties (2nd Edition), New York, Facts on File Publications, 1987.

UNDP, Human Development Report: Deepening Democracy in Frag-mented World, New York, Oxford University Press, 2002.

National Democratic Institute of International Affairs (NDI), Guide toPolitical Party Development, Washington, NDI, 2001.

Peter M. Manikas and Laura L. Thornton, Political Parties in Asia: Pro-moting Reform and Combating Corruption in Eight Countries, Washing-ton, NDI, 2003.

National Democratic Institute of International Affairs, StrengtheningPolitical Party Systems Panel, Report to the Community of DemocraciesNon-Governmental Forum, Seoul, November 10-12, 2002.

Zafarullah Khan, Struggling for Survival: State of Political Parties inPakistan, Islamabad, Liberal Forum Pakistan, 2002.

K. K. Aziz, Party Politics in Pakistan 1947-1958, National Commissionon Historical and Cultural Research, Islamabad.

Rafique Afzal, Political Parties in Pakistan 1947-1958. Vol.1National Commission on Historical and Cultural Research,Islamabad, 1976.

Rafique Afzal, Political Parties in Pakistan, 1958-1969.Vol. 11, NationalInstitute of Historical and Cultural Research, Islamabad, 1987.

Suggested Reading

43


International Links

National Democratic Institute of International Affairs www.ndi.org

International Republican Institute www.iri.org

National Endowment for Democracy www.ned.org

International Institute for Democracyand Electoral Assistance (IDEA) www.idea.int

Inter-Parliamentary Union www.ipu.org

International Foundationfor Election Systems (IFES) www.ifes.org

Council of Asian Liberals and Democrats www.cald.org

Websites of Political Parties in Pakistan

Pakistan Peoples Party www.ppp.org.pk

Pakistan Muslim League-Q www.pml.org.pk

Pakistan Muslim League-N www.pmlusa.org

Mutahida Qaumi Movement www.mqm.org

Jamiat -e Ulam-e Islam (F) www.juipak.org

Jamaat-e-Islami Pakistan www.jamaat.org

Awami National Party www.anp.org.pk

Tahreek e Insaf Pakistan www.insaf.org.pk

Pakistan Awami Tahreek www.pat.com.pk

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AN ORDER to revise, consolidate and re-enact the law relating to political parties

WHEREAS it is intended to create a political environment conducive to the promotion of a federal and demo-cratic system as enshrined in the Constitution;

AND WHEREAS political parties play a pivotal role in fostering a constitutional, federal, democratic politi-cal culture;

AND WHEREAS the practice of democracy within the political parties will promote democratic governancein the country for sustaining democracy;

AND WHEREAS it is expedient to provide for formation and regulation of political parties;

AND WHEREAS it is essential to revise, consolidate and reenact the law relating to political parties and mat-ters connected therewith and incidental thereto;

AND WHEREAS the Chief Executive is satisfied that circumstances exist which render it necessary to takeimmediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999,and the Provisional Constitution Order No. 1 of 1999, and in exercise of all other powers enabling him in thatbehalf, the Chief Executive of the Islamic Republic of Pakistan is pleased to make and promulgate the fol-lowing Order:

CHAPTER-IPRELIMINARY

1. Short title, extent and commencement.-

(1) This Order may be called the Political Parties Order, 2002.(2) It extends to the whole of Pakistan:(3) It shall come into force at once.

2. Definitions.- In this Order, unless there is anything repugnant in the subject or context,-

(a) "Chief Election Commissioner" means the Chief Election Commissioner of Pakistan;(b) "Election Commission" means the Election Commission of Pakistan;

Appendix Political Parties Order 2002

Political Parties In Pakistan


(c) "foreign-aided political party" means a political party which-

(i) has been formed or organised at the instance of any government or political party of a foreigncountry; or

(ii) is affiliated to or associated with any government or political party of a foreign country; or(iii) receives any aid, financial or otherwise, from any government or political party of a foreign

country, or any portion of its funds from foreign nationals;

(d) "political party" means an association of citizens or a combination or groups of such associations formed with a view to propagating or influencing political opinion and participating in elections for any elective public office or for membership of a legislative body; and

(e) "prescribed" means prescribed by rules made under this Order.

CHAPTER-IIFORMATION OF POLITICAL PARTIES

3. Formation of political parties, etc.-

(1) Subject to the provisions of this Order, it shall be lawful for any body of individuals or association of citizens to form, organize, continue or set-up a political party.

(2) A political party shall have a distinct identity of its structures at the national, provincial and locallevels, wherever applicable.

(3) Every political party shall have a distinct name.(4) Notwithstanding anything contained in sub-section (1), a political party shall not -

(a) propagate any opinion, or act in a manner prejudicial to the fundamental principles enshrined in the Constitution of the Islamic Republic of Pakistan; or

(b) undermine the sovereignty or integrity of Pakistan, public order or public morality orindulge in terrorism; or

(c) promote sectarian, regional or provincial hatred or, animosity; or(d) bear a name as a militant group or section or assign appointment titles to its leaders

or office-bearers which connote leadership of armed groups; or(e) impart any military or para-military training to its members or other persons; or(f) be formed, organise, set up or convened as a foreign-aided political party.

4. Constitution of political parties.-

(1) Every political party, including a political party already in existence, shall formulate its constitution, with whatever name it may be referred, including, inter alia,-

(a) the aims and objectives of the party;(b) organisational structure of the party at the Federal, Provincial and local levels,

whichever applicable;(c) criteria of membership of the party;

(d) membership fee, to be paid by the members;


(e) qualifications and tenure of the party leader and other office-bearers of the party;(f) criteria for receipt and collection of funds for the party; and(g) procedure for-

(i) election of party leader and other office-bearers at the Federal, Provincial and local levels,wherever applicable;

(ii) selection or nomination of party candidates for election to public offices and legislative bodies;(iii) resolution of disputes between members and party, including issues relating to suspension and

expulsion of members; and(iv) method and manner of amendments in the constitution of the party.

(2) Every political party shall provide a copy of its constitution to the Election Commission.(3) Any change in the constitution of a political party shall forthwith be communicated to the Election

Commission, which shall maintain updated record of the constitutions of all the political parties.

5. Membership of political parties.-

(1) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party or be otherwise associated with a political party or take part in political activities or be elected as an office-bearer of a political party:Provided that a person shall not be appointed or serve as an office-bearer of a political party if he is not qualified to be, or is disqualified from being, elected or chosen as a member of theMajlise-Shoora (Parliament) under Article 63 of the Constitution of the Islamic Republic of Pakistanor under any other law for the time being in force.

(2) Where a person joins a political party, his name shall be duly entered in the record of the political party as a member and shall be issued a membership card, or any other document showing hismembership of such political party.

(3) A person shall not be a member of more than one political party at a time.(4) A member of a political party shall have the right of access to the records of the political party.

6. Membership fee and contributions.-

(1) A member of a political party shall be required to pay a membership fee as provided in the party's constitution and may, in addition, make voluntary contributions towards the party's funds.

(2) The contribution made by members or supporters of any party shall be duly recorded by thepolitical parties.

(3) Any contribution made, directly or indirectly, by any foreign government, multi-national or domestically incorporated public or private company, firm, trade or professional association shall be prohibited and the parties may accept contributions and donations only from individuals.

(4) Any contribution or donation which is prohibited under this Order shall be confiscated in favour of the State in the manner as may be prescribed.

Explanation.- For the purpose of this section, a "contribution or donation" includes a contribution or donation made in cash, kind, stocks, hospitality, accommodation, transport, fuel and provision of other such facilities.


7. Suspension or expulsion of a member.- A member of a political party may be suspended or expelled from the party's membership in accordance with the procedure provided in the party's constitution:Provided that before making an order for suspension or expulsion of a member from the party, suchmember shall be provided with a reasonable opportunity to show cause against the action proposed andof hearing.

8. Selection for elective offices.- The political parties shall make the selection of candidates for elective offices, including the membership of the Majlis-e-Shoora (Parliament) and Provincial Assemblies, througha transparent democratic procedure.

9. Omitted.

10. Functioning of political parties.-

(1) Every political party shall have an elected general council at the Federal,Provincial and local levels,

(2) Every political party shall, at least once in a year, convene a general meeting at the Federal,Provincial and local levels of the party, wherever applicable, to which the party members or their delegates shall be invited to participate.

(3) A member or group of members of the political party may nominate in writing any other member of the party as a delegate to represent him or them and cast his or their votes in a party meeting.

11. Elections within a political party.-

(1) The party leader and other office-bearers of every political party at the Federal, Provincial and local levels, wherever applicable, shall be elected periodically in accordance with party's constitution through secret ballot based on a democratic and transparent system:Provided that a period, not exceeding four years, shall intervene between any two elections.

(2) Every member of the political party shall, subject to the provisions of the party's constitution, beprovided with an equal opportunity of contesting election for any party office, including that of the party leader.

(3) All members of the political party at the Federal, Provincial and local levels shall constitute theelectoral college for election of the party general council at the respective levels.

12. Certification by the political party.-

(1) The party leader of each political party shall, within seven days from completion of the intra-party elections, submit a certificate under his signatures to the Election Commission to the effect that the elections were held in accordance with the constitution of the party and this Order to elect the party leader and other office-bearers at the Federal, Provincial and local levels, wherever applicable.

(2) The certificate referred to in clause (1) shall contain information in respect of-

(a) the date of the last intra-party elections;(b) the names, designations and addresses of the party leader and all other office-bearers elected at

the Federal, Provincial and local levels, wherever applicable;


(c) the election results, including the total number of votes cast and the number of votes secured by each contestant for all of its party offices; and

(d) copy of the party's notifications declaring the results of the election.

(3) The Election Commission shall publish for public information the certificate including details of elections referred to in clause (2).

13. Information about the sources of party's fund.-

(1) Every political party shall, in such manner and in such form as may be prescribed or specified by the Chief Election Commissioner, submit to the Election Commission, within sixty days from the close of each financial year, a consolidated statement of accounts of the party audited by a Char-tered Accountant containing-

(a) annual income and expenses;(b) sources of its funds; and(c) assets and liabilities.

(2) The statement referred to in clause (1), shall be accompanied by a certificate signed by the party leader stating that-

(a) no funds from any source prohibited under this Order were received by the party; and(b) the statement contains an accurate financial position of the party.

14. Eligibility of party to obtain election symbol.-

(1) Notwithstanding anything contained any other law for the time being in force, a political party shall be eligible to obtain an election symbol for contesting elections for Majlis-e-Shoora (Parliament) and Provincial Assemblies on submission of certificates and statement referred to in Articles 12 and 13: Provided that a combination of political parties shall be entitled to obtain a common election symbol for such election only if, each party constituting such combination, submits the certificates andstatement referred to in Articles 12 and 13.

(2) Where any political party or a combination of political parties, severally or collectively, contravenes the provisions of Article 12 or 13, it shall not be entitled to obtain an election symbol for election to the Majlis-e-Shoora (Parliament) or the Provincial Assemblies, and the Election Commission shall not allocate an election symbol to such party or, as the case may be, the combination of politicalparties for such election.

CHAPTER-IIIDISSOLUTION OF POLITICAL PARTIES

15. Dissolution of a political party.-

(1) Where the Federal Government is satisfied that a political party is a foreign-aided party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, it shall make such declaration by a notification in the official Gazette.


(2) Within fifteen days of making a declaration under clause (1), the Federal Government shall refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) Where the Supreme Court upholds the declaration made against a political party under clause (1), such party shall stand dissolved forthwith.

16. Effects of dissolution of political party.-

(1) Where a political party is dissolved under Article 15, any member of such political party, if he is a member of the Majlis-e-Shoora (Parliament) or a Provincial Assembly, shall be disqualified for the remaining term to be a member of the Majlis-e-Shoora (Parliament) or, as the case may be, theProvincial Assembly, unless before the final decision of the Supreme Court, he resigns from themembership of the party and publicly announces his disassociation with such political party.

(2) A person becoming disqualified from being a member of the Majlis-e-Shoora (Parliament) orProvincial Assembly under clause (1) shall not participate in election for any elective office or anylegislative body till the expiry of four years from the date of his disqualification from being amember of the Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly.

(3) The order of members of a political party becoming disqualified from being members ofMajlis-e-Shoora (Parliament) of the Provincial Assembly on its dissolution shall be notified in the official Gazette.

CHAPTER-IVMISCELLANEOUS

17. Intra-party elections for general elections, 2002.-

(1) Every political party desiring to take part in general elections, 2002, shall be required to complete its intra-party elections referred to in Article 11 in accordance with the party constitution and this Order by the fifth day of August, 2002, and submit the certificate referred to in Article 12 accordingly.

(2) A political party which has already completed intra-party elections, as far as possible, according to the requirements of Article 11, before the commencement of this Order shall submit a certificate to the Election Commission in accordance with Article 12.

(3) A party not complying with the provisions of clause (1) and (2) shall not be allotted election symbol for the general elections, 2002.

18. Code of conduct of political parties.- The Election Commission shall, in consultation with the political par-ties, prepare and publish a code of conduct for the political parties.

19. Rules.- The Election Commission may, with approval of the Federal Government, make rules for carryingout the purposes of this Order.

20. Repeal.- The Political Parties Act, 1962 (III of 1962), is hereby repealed.

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Political Parties in Pakistan; A Long Way Ahead

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