I fell afoul of many readers. We are now in the year 2012 and while many things have changed, some central questions remain.
Take the exorcising of memogeist.
The Supreme Court judges are now being criticised for, to put it charitably, helping the military pull down the legitimately elected government of the PPP. These are the same judges for whose restoration the lawyers and civil society activists had struggled so hard. That movement was pegged on the belief that Pakistan’s judicial history and with it Pakistan itself will fundamentally change and the spectre of a coup will be banished from this house forever.
Those who then struggled for the judiciary also, for the most part, criticised the PPP for not doing much for the movement before and after the elections. Many liberals, traditionally aligned with the PPP, put their faith in Mian Nawaz Sharif who seemed to have resolved to get the sacked judges back on the bench. He came to encapsulate the spirit that people thought should have defined the PPP.
Today, most of those criticising the PPP then are standing with the PPP now and criticising the judiciary. Most of them are also disappointed in and with Mian Sahib for agitating the memo issue. For his own part, Mian Sahib, who was bitterly criticising the military just weeks ago, has now provided the military the space by petitioning the Supreme Court to put a neck-lock on this government.
The military, for its part, is advancing steadily on the back of legalities as worked by the SC. But the dragnet is closing as is clear from statements by Prime Minister Yousaf Raza Gilani. (The NRO judgment is the arm-lock.)
The point of what I have said about who was standing where then and now is not to fault people for taking inconsistent positions. Mao Tse Tung argued that taking positions required finding the principal contradiction. Since contradictions are not static but keep shifting, positions can and will shift too. My point is to prove that what most of us consider as the final bend in the road is never that. The pathway is never simple and linear, as movements make it out to be.
Both positions, now and then, incidentally, have a consistent principal contradiction – civil-military (im)balance. X liked the judges yesterday but doesn’t like them today. Yesterday the judges struggled against a military leader; today their actions, even if pro forma, are likely to derail the civilians.
One thing, however, has changed. Yesterday, the military man was on the wrong side of the law and the constitution. Today, the military has kept to the right side of the legal-constitutional. Yesterday the civilians wanted the exercise of the legal-constitutional; today, they want the issue dealt with broadly in political terms because the legal defeat of this government, if it comes to that ultimately, will help the military win again and that is an outcome worse than putting up with a government that doesn’t have much to show for governance.
Most people, and many are not enamoured of this government, are supporting it because of a normative standard where reality shows wild swings of the graph in relation to the straight line of how it should be.
But there is another variable too: the political opposition. The court was petitioned by the head of the second largest political party according to the 2008 election results. There are also many other political elements, including the rising Tehreek-e Insaaf, that want to see the back of this government and are pushing for early elections. And again, would this have happened if there were no memo?
The literature on civil-military relations has increasingly looked, in addition to the structural problems that create the imbalance, at the element of ‘opportunity’. The military cannot exercise the nuclear option – unless the civilians go for a first strike – but an opportunity has been created for it to exploit and it will because that is its institutional response. As far as it can and for as long as it can, the military will resist the shift in the balance of power in favour of the civilians. That is precisely why the civilians need to govern effectively and not give to the military the spur that pricks the sides of its intent.
That has not happened and the fault for providing the military the opportunity lies with the PPP. Such is the nature of the fault-line and the partisan positions along that divide that analysing all sides of the problem have become almost impossible. The political binary has become an analytical binary.
Published in The Express Tribune, January 11th, 2012.
COMMENTS (17)
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There are also many other political elements, including the rising Tehreek-e Insaaf, that want to see the back of this government and are pushing for early elections. And again, would this have happened if there were no memo?
You bet this would have happened even if there were no memo. Because you always had the NRO. And a possible PCO version2012 was never far behind. After all it has already been held that sans PCO 2007 all PCOs past (and by extension future) are 'Constitutionally and Legally and Morally and Religiously' valid.
How do the 'civilians' govern efficiently if they can not even prevent abductions and disappearances of citizens in Balochistan? And what do the Custodians of Fundamental Rights, as defined in Article 184(3), have to say about the disappearances?
@Mirza: First time you are talking some sense. Please tell your fellow liberal elites to follow SC's rulings and not die for one man like Zardari.
As long as one government is replaced by another elected one, it is continuation of democracy and will strengthen the institutions. As for Zardar Gilany duo, they failed the people of the country because of their dismal performance. To rein in military, democratic governments must perform so that people stand behind their governments.
They dont have numbers in parliament so they cant make constitutional change. What option remains with them is to use court and make change through it.
the point is not if military is conspiring with judiciary to topple government. Point is that justice may prrevail. And if federal government is proved in writing of memo, should not it be penalised in form or other, less then sending it packing?
I agree with the comments of some that even if the president or PM are impeached, they must be replaced by another popularly elected person from the majority party or who can show majority in the house. This has been happening in most countries mentioned above. However, there is no role of king makers in any country or constitution for generals or SC. The forward journey must continue whether PM or President stays or not but change must be constitutional.
Let me ask one thing suppose if government of Pakistan recognizes Israel, can supreme court of pakistan make a decision to revert it?
So basically it seems that Military is alway bad and the some sort of civilain setup is always good, no matter what is going on in, and obviously rule of law has no meaning.
The civil society and intelligentsia whilst clamouring for democracy, are in essence dictatorial themselves. Any judgement that does not suit their endgame is unacceptable and their alliances are not made on principle but only serve their inherent hate for the military.This has now become an irrational obsession and is putting even those off who believe the army should concern itself only with security matters yet respect and honour it as an institution.
@American: Name a single time in US history beyond the grey technicalities of the civil war that the military was ever the ones heading the call to push a president out and also intending to use it to prop themselves higher in the governing food chain. Considering your name you should know better. Any time a president would leave in the US there was always intent to have another real one in his place with the exact same privileges. You can't make the comparison because there is no situation in US history that is actually comparable to the concept of a coup.
Mr. Haider again you are repeating the symptoms and not pointing out the cause for this imbalance. The root cause is economic/financial - i.e. preservation of perks and privileges of current and retired army generals. They dominate the economic life of Pakistan not only with 50% of resources allocated to armed forces but outside too with all the business activities in the name of serving ex-military men. They are not going to give up that up just because the civilians start governing well. In addition the army is now mercenary force doing dirty works for other countries starting with US and "protecting" Saudi Arabia, UAE and Bahrain with fighter jets squadron and foot soldiers for their riot police, of-course for a price. This is no ordinary military of a country. It is military with a country and not viceaversa. Pakistan is just host and I have feeling that if it collapses, it will try to find new host -Afghanistan, Somalia, etc.
In civilians cant' govern in vacuum when the whole security structure is subservient to army and its proxies. How can you ask for investments if your army is nurturing these "assets" and fighting simultaneously as USA has turned the screw on them in Afghanistan. You can live with contradictions for so long.
"That is precisely why the civilians need to govern effectively ...''
Bingo!
While certainly not the first, I have been arguing this point since Musharraf was kicked out of the President's Office.
There is no better contemporary example of 'good governance, economic growth and a populist policies strengthening the hands of the civilian vs the military' than the success of the AKP in Turkey.
In the AKP we have a political party that was barely allowed to contest elections, had 'pro-Establishment' bureaucrats and institutions (military, judiciary, higher education authorities and the political opposition) fighting the AKP and its policies tooth and nail, yet the AKP succeeded - not by crying and whining about 'conspiracy against democracy', but by winning the support of the vast majority of Turks through sound economic, domestic and foreign policies.
And today, the AKP has put the equivalent of our COAS behind bars.
The lesson that our political leadership and those who support it (with good intentions given their desire to see the elected civilian leadership exercise supremacy over the military leadership) is that with which I started this comment off with:
"That is precisely why the civilians need to govern effectively ...''
Let me sum the entire 1000 words written by Mr Ejaz up in one sentence. "The military will continue to subvert civilian rule and continue to rule Pakistan and others are to be blamed for it". Or did I get this wrong ?
Why should the departure of either Zardari or Gilani be == victory for military ? Nixon resigned under pressure. So did Berlusconi. So do umpteen governors and chief ministers in India under clouds of corruption or sexual peccadilloes. That did not mean a victory for any military. If they leave, and another person takes over in terms of the constitution that should be == a victory for democracy and people. The military man-of-the-moment may or may not like any person..but that is an individual's choice...Ejaz and others might speculate what those personal choices are. In fact by speculating, and giving credence, nay, importance to those personal choices, you are making the military an important force. Nobody speculates whether chief of army in India or USA or Italy "likes" or "dislikes" a particular politician. (They may dislike "all" politicians, but that is another story)
And your message is? " civilians need to govern effectively..." that ship sailed long ago when PPP came to power. Everybody understands the problem but only few can give solutions...!!
And your message in the article is? "Civilians should govern effectively.. " that ship sailed long ago when PPP came to power. Everybody can understand the problem but very few can give solutions!!