California's Prop 14 versus Pakistan's 18th Amendment
By Riaz Haq
CA
The recent approval of California's Proposition 14 does the exact opposite of what Pakistan's 18th amendment has done; Prop 14 takes power away from the major political "party heads" and gives it to the people. It strikes at the very roots of the duopoly currently enjoyed by Democratic and Republican parties. Under California Proposition 14, a measure that easily passed, traditional party primaries to choose candidates will be replaced in 2011 with wide-open elections. The top two vote-getters — whatever their party, or if they have no party at all — will face off in the general election.
Widely lauded by Pakistani politicians, political analysts and the national media for "strengthening democracy" by significantly curtailing the powers of the president, the 18th Amendment has given extraordinary new powers to party bosses to unseat any member of parliament, including the prime minister and cabinet members. The leaders of the PPP and PML-N have both succeeded through this amendment to consolidate their own power at the expense of their party members and the Pakistani electorate at large.
Here are relevant excerpts from the text of article 63A of the 18th Amendment to the Constitution of Pakistan:
(1)“If a member of a Parliament Party composed of a single political party in a House
(a) resigns from membership of his political party or joins another Parliamentary Party,
(b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to
i. election of the Prime Minister or the Chief Minister; or
ii. a vote of confidence or a vote of no-confidence; or
iii. a Money Bill or a Constitution (Amendment) Bill
he may be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding Officer."
"(3) Upon receipt of the declaration under clause (1), the Presiding Officer shall within two days refer, and in case he fails to do so shall be deemed that he has referred, the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision theron confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner.
(4) Where the Election Commissioner confirms the declaration, the member referred to in clause (1) shall cease to be member of the House and his seat shall become vacant."
The 18th Amendment to the Constitution of Pakistan has mainly served to concentrate even greater power in the hands of unelected party leaders, particularly Asif Ali Zardari and Nawaz Sharif, who lead the PPP and the PML-N respectively in Pakistan. These new powers of "party heads" give constitutional protection to the reprehensible system of political patronage that is inimical to the interest of democracy.
Notwithstanding the significant new changes that California Prop 14 adoption promises in future elections, the American voters have always exercised much more power than the voters in the British-style democracies. Here are some key differences between the American democracy and South Asian democracies:
1. Unlike the prime ministers in India and Pakistan, the US president is directly elected by the people in a general election. The president does not have to pick his or her cabinet from the members of the legislature. Usually, the cabinet members in the United States are technocrats who are competent to run the departments (ministries) they head. This system is more conducive to better governance.
2. Unlike major political party candidates in India and Pakistan, the party candidates for various offices and legislative seats in the United States are not given party tickets in backroom deals by the party bosses.
3. The presidential nominees of the major parties have to win primary elections held in all 50 states to qualify to represent their parties in the general election.
4. Party candidates for the legislative seats in Washington and various state capitals have to win primary elections to qualify for the party tickets in the general elections. The party bosses cannot give tickets to their cronies in return for favors.
5. Pakistan has recently gutted the system of local city and district governments elected by the people that was established during the Musharraf years. In the United States, there is grassroots democracy at the local level. Most of the local city and county officials running city governments, school districts, community hospitals, fire districts, law enforcement agencies, etc. are directly elected by the voters and they are held accountable to the people. They are not appointed by federal and state governments.
Parts of the 18th Amendment that give extraordinary powers to the political "party head" are regressive. Concentration of power in the hands of a few usually leads to arrogance, corruption and abuse of power. It runs counter to the spirit of democracy. It perpetuates patron-client relationships rampant in Pakistan's feudal society.
There can be no real democracy without transparency, accountability and a system of checks and balances. Unless the political system in Pakistan gives greater power to the voters, and makes the nomination and ticketing process for political candidates transparent, it will be very difficult to achieve accountability and good governance at various levels in the country.
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