100
2.
Are the present and past political systems Democratic Federal ones?
The answer to this question is in in the negative. In answering this question
, the
researcher investigated the presence of the key factors explained in Chapter 4 not
only in the current situation but in each phase of constitutional development from
1935 to date.
2.1
Does the political system address issues of equal representation?
It is concluded in Chapter 4 at 4.3 that Pakistan's past and present political systems
do not, because the earlier political systems had a unicameral legislature and the
present bicameral legislature does not provide for direct election of the upper house.
Therefore, equal representation of provinces, i.e. the second dimension is not
preserved.
2.2
Does the political system provide for separation of powers and checks and
balances?
It is concluded in Chapter 4 at 4.3 that none of Pakistan's past or present political
systems provided for separation of powers, mainly due to a parliamentary
arrangement where the executive is associated with
the legislature and the
legislature, as concluded in the discussion in Chapter 4 of seat allocation – is
inappropriately constituted. The lack of effective separation of powers and of a
functioning system of checks and balances contributes to the problem of political
instability in the form of disparity of representation and self-interest that raise
claims of necessity and ultimately lead to premature dissolution.
2.3
Are there elements of self-interest exercised by influential individuals that can
override the controls in the system?
It is concluded in Chapter 4 that there are such elements. The first of these is
Article 58 (2) (b) of the constitution that gives the president discretionary powers to
dissolve
the legislature, a provision that underwent a number of reforms. The
presence, or not, of such a constitutional power has not, however, prevented
premature dissolution through coup d’état and imposition of martial law.
101
The
second factor is that, when heads of state have dissolved legislatures, the
judiciary have almost always, as set out in 4.3, supported their actions in the name
of necessity.
407
Consequently, none of the preceding political systems of Pakistan conformed with
the key factors that it is argued are important for a democratic federal state. Nor
has it ever adopted a suitable political system which incorporates these factors.
3.
Is there any connection between premature dissolution of government and one
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