Army interventions have harmed institutions: CJ

CJ lays out constitutional duties of armed forces to visiting officers.

ISLAMABAD:

In an unusually candid speech, Chief Justice Iftikhar Muhammad Chaudhry said that the armed forces of Pakistan must be subservient to the civilian administration.

Addressing the officers of Command and Staff College Quetta on their visit to the apex court, the chief justice blamed military interventions in politics for the stunted growth of democratic institutions and reminded the officers of their sworn oaths to preserve, protect and defend the constitution in addition to the frontiers of the nation.

“If we are to be recognised as a civilised nation in the world, then we must have supremacy of the constitution and the rule of law,” said the chief justice, in a speech that laid out the history of civil-military relations with unusual candour.

Chief Justice Chaudhry said the constitution itself manifestly states that all the executive and judicial authorities shall act in aid of the Supreme Court. The 1973 constitution introduced provisions pertaining to the command, oath and functions of the armed forces for the first time.

The armed forces’ role has been clearly defined in Article 245 of the Constitution which envisages that the armed forces shall, under the federal government’s directions defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.

The chief justice went on to say that parliamentary subordination to a powerful executive had its roots in the weak political framework in the initial years. “We did not have popularly or directly-elected legislatures from 1947 to 1970. This also retarded the political development of the state,” he added.

But the chief justice also acknowledged the positive contributions of the military and its stature in the eyes of ordinary Pakistanis.

He said the Pakistan Army has been regarded over the years as a highly disciplined and trained force.

He blamed the military’s dominance of the polity of Pakistan as the primary cause of the public eventually questioning its role.

The welfare of the people must be the supreme consideration of all institutions and all functionaries of the state, he added.

He also cautioned against military ‘adventurism’ even as he praised the sacrifices of Pakistani soldiers to the cause of national security.





Published in The Express Tribune, April 17^th, 2011.