State Of Democracy - written by Dr.Waqar Maqsood

Pakistan is a country where democracy and dictatorship is oscillating since the day of its inception. Although the founder of the nation was strongest proponent of democracy and ascribed it as the legal binding on all institutions. However the nation remained unable to regard his words and promises because of long delays in formulating an effective constitution and then making the parliament stronger and able to voice the majority. Recently a democratic regime is ruling over the country but parliament is not enjoying the wholesome supremacy over judiciary and military and unable to deliver without their support. Pakistan's state of democracy is in doldrums.

Pakistan is a country where constitution rules and institutions serve: constitutional monarchy.While the democracy is defined as the formulation of rules of conduct for justice and fair play by the representatives of people.It is an ideology which covers the beliefs,ideals and concepts that get deeply ingrained in the social consciousness of people over time that become enmeshed with the subterranean vagaries of their ancestral heritage and ethos, and that, moreover get charged and saturated by emotions.The first ever concept of democracy was given by holy book of Muslims which states:SET YOUR DISPUTES BY DISCUSSIONS, and.:MOST OF THE PEOPLE ARE IGNORANT; so Democratic way is to set a collection of those people who are not ignorant and able to solve the disputes by discussion.

This concept was effective in different parts of the world in different forms.From Megna-Carta to The Glorious Revolution of 1689 many states-men worked consciously or unconsciously to develop the greatest traditions of democracy.Britishers developed the concept of parliamentary supremacy as the real form of democracy but this concept did not catch on its previous colonies.In USA the federal supreme court in the case of Marbury vs Madison held that a statute that was repugnant to the constitution was not acceptable and the state's courts could review statutes to ensure this.So by these trends Americans developed Presidential form of constitutional monarchy.The same concept was taken differently by the Chinese.However west has not accepted it as a form of democracy.

Political parties are the strength of civil society as a principle in democracy.Elections under non-biased commission is necessary part of it. Provision of freedom of expression to all its subjects is its soul.Politically and legally supreme parliament governs for the happiness of people.Military,Judiciary,bureaucracy seek justice and guidance from parliament in real democratic regimes.

Although it was always difficult in Pakistan to stand against it but dictators also received warm welcomes.Army ruled the country for 42 years and each of the military leader started with a passion and ended on a havoc.

Ayub Khan on 08th October 1958 said: "this is a drastic and extreme step taken with great reluctance but with the deepest conviction that there was no alternative to it except disintegration and complete ruination of the country.

Yahya khan on 26th March 1969 said: "The armed forces could not remain idle spectators of this state of near anarchy.They have to do their duty and save the country from utter disaster".

Zia-ul-Haq on 5th july 1977 said: "I was obliged to step in to fill the vacuum created by political leaders".

Musharaf on 13th October 1999 said: "I wish to inform you that the armed forces have moved in as a last resort to prevent any further destabisation."

It was an act of high treason.But the real reasons of their high treason was the support to them from political parties, chaotic conditions of the economy and bad law and order conditions.While democratic regimes were not successful in Pakistan but the the dictatorial regimes even earned the worse fame.

According to a report of World Bank Pakistan's 58% landowners have a land less than five acres while few feudal lords own the rest of land which make them more influential in political sphere.Pakistan has no any practical formulation of law like "law of land holdings 1867 Great Britain".We see no precedence of declaring pocket constituencies and rotten constituencies.So simple is that no pre-requisites has been maintained yet.

In Taiwan, democracy was delivered by a dictator methodically: after establishing the firm norms in the culture of it.In Japan democracy was incubated by occupational forces after after world-war-II and similarly in West Germany and Austria.South America, Argentina and Chile were middle income countries when they moved to democracy.Only India,Bangladesh and Jamaica are the examples of less developed countries that have sustained their democracies.While a bunch of countries like Argentina,Columbia,Pakistan has not developed sustenance and oscillated between democracy and dictatorship.And it has many reasons.

The first one is America's support for dictatorship.USA's foreign policy inflicted grievous horns on countries such as El Salvador,Guatemala,Honduras,Chile,and Nicaragua in the West and Indonesia and Philippines in the east.Then there was a generous support for the likes of Saddam Hussein,Shah of Iran and all Pakistani dictators dating back to Aube khan.

And the second reason among strategically important countries was the military of such countries who even on behalf of the budgets of developmental projects started to develop themselves as the most powerful and independent institutions. "Pakistan military is a giant which has strong political control,economic control and a very dominant social presence: a military that has over 7% share the GDP, which controls one third of heavy manufacturing in the country, which controls 6-7% private sector assets.It has a huge economic presence" :a Pakistani journalist has noted in her book "The military Inc:Inside Pakistan's military economy"

The next important cause of failure of democracy in Pakistan is absence of Pro-democratic syllabus in schools.Without making it possible to involve the abstract intelligence of youth and children in democratic philosophy it is almost impossible to develop their geniality over the piebalds of its golden traditions.

Moreover in the name of good governance and corruption international agencies effect the policies of country according to their own taste.

Further, the intellectuals of society are in sound slumber sleep and the youth has been misguided by the so called revolutionaries that solution of all problem lies in a revolution.While history if taken as guide to the future shows that social movements gave birth to leaders like Brazilian Prime minister LULA while revolutions gave birth to the revolutionaries like Napoleon.

Fate of democracy lies in number of free people like Lawyers,Doctors and small business man.But in Pakistan this number is reduced than the desired extent because of brain drain.

So Judicial Activism took its place here.In the Lawyers movement People cried for a free and independent judiciary.For a short term solution it is the best.But as a long term policy Judicial activism,military strengths,unnecessary freedom to the press will ruin the whole dream , while the end of feudal system, pro-democratic syllabus,rhetoric articles in support of it will enhance the culture of tolerance,justice and fair play.Lord Coke in 17th century stated: "If any law was repugnant to natural law the court would refuse to follow it".But by the end of the century with the victory of parliamentary forces in war, the courts changed their stance and since then no law passed by the parliament in England can be challenged in courts.

The reason does not apply to anything in Pakistan.One hope that Judiciary will decide judiciously the matters of executive.But in case of any conflict as a short term solution Judiciary should have a support from civil society.Even this democratic regime has been wildly considered as the most corrupt regime but one still hope that by the charismatic power of democracy the country would be out of lurch.