Guided Democracy

By Muhammad Waqar Rana | March 2020

Democracy means government with the consent of the majority, obtained through a vote at the periodically held elections, on the basis of adult franchise. Consent expressed through a poll has to be informed and free. To ensure honest, fair and transparent elections, institutions are created under the constitution to protect the integrity of the electoral system, which includes an election commission and the judiciary. These bodies must be vibrant and proactive in their functions. People must also ensure by the their attitude, political behaviour and participation in the process the vitality and integrity of the whole government and guard it against manipulations and capture. They must own the system and save it from external forces.

Moneyed/land mafias and corporate/capitalist cartels create irresistible temptations for those in power. Only an ingrained ideological commitment to the loftier ideals can provide protection against this cancerous malady of corruption. Democracy also comes under threat from various institutions within the state, which are prone to arrogating resources and powers. All these anti-democratic forces threaten the most cherished ideal of the people - liberty. Liberty is the bedrock of a free society, freedom of thought and conscience. Strict compliance with the basic democratic norms and processes confers legitimacy on the governments formed thereunder.

The idea of a democratic state is intertwined with a welfare state. A constitutional democracy on the western model envisages that all three organs of the state, legislature, executive and judiciary, function within their allotted spheres and in accordance with the rules laid down in the constitution and or conventions developed around certain practices that ensure observance of democratic norms. The cornerstone of liberal democracy is individualism. A government founded on common consent pre-supposes that the government does not trample upon or undermine liberties of people. The constitution ensures a check against unlawful actions of the executive and legislature in the form of an independent judiciary, which has the power of judicial review. The executive is also responsible to the parliament for its policies. A democratic government is obligated to protect certain values necessary for the society, which include rule of law and respect for humanity.

The people of South Asia share common stock and history. With the exception of Nepal and Bhutan, all other countries, Bangladesh, India, Pakistan and Sri Lanka, have written constitutions and democratic governments with varying experiences and different political histories. All these countries were British colonies. People were gradually introduced to democratic institutions. A brief survey of the constitutional dispensation and political history of these countries would help in our ultimate analysis and conclusions.

India: India was the first dominion that became a republic after independence in 1947 on the framing of its Constitution in 1949, which came into force on 26 January 1950. The first elections under the new constitution were held in 1951-52. India had the advantage of having a versatile leadership trained in and committed to democratic tradition tempered with socialist ideology. Jawaharlal Nehru, the first Prime Minister, provided leadership during the initial years and helped in strengthening the democratic culture and institutions. Electoral process has never been interrupted in India. The Emergency imposed by Indira Gandhi from 1975 to 1977 is considered a bad patch in Indian history. But the general elections held in 1977 showed that the Indian society and its political traditions were strong and they rejected undemocratic actions.

India introduced land reforms soon after independence and ended the landed aristocracy created by Lord Curzon in the 1890s. Its leaders were committed to socialist ideology, which helped in checking the capitalistic manipulation of institutions. But, in recent times, some corporate octopuses have strangled the systems. Democracy in India is under an existential threat from religious extremists and big corporate interests, which are seriously undermining India’s claim to democratic traditions. Democracy has firm and deep roots in India that will ultimately trickle down its benefits to the little man stricken in poverty and ignorance.

Pakistan: Pakistan has a turbulent political history. M.A Jinnah, the founder, had an unflinching belief in and commitment to democracy. What followed after his untimely death was an incessant tale of pain and suffering. Pakistan’s democracy was derailed by a fatal attack on its basic institution, the Constituent Assembly in 1954, which permanently shifted the scales in favour of undemocratic forces. Pakistan has had four undemocratic regimes spanning half its life. Elected governments during the intervals between military regimes were infested with corruption and controversy. Except for the general elections of 1970, almost all other elections were disputed and lacked transparency. Hence those governments lacked legitimacy. These weak governments were prone to subservience to other institutions.

Pakistan has had three constitutions. The Constitution of 1973 is a consensus document. It envisages a parliamentary form of government. The future of democracy in Pakistan is largely dependent upon many factors. An external threat from its hegemonic neighbour, which is unwilling to settle many disputes, is the greatest impediment in the way of a democratic and prosperous Pakistan. Internally, due to wrong policies, Pakistan’s democracy faces threats from manipulative land and corporate mafias, which have easy access to the corridors of power. Education, control on population growth, better management of resources and strict observance of the rule of law and merit-based policies can enlighten the path of democracy in Pakistan.

Bangladesh: Bangladesh, once East Pakistan, has a long history of democracy. Bengalis, under British rule, were the most informed and politically active people. The All India Muslim League was formed in Dacca in 1906. After its separation from Pakistan in 1971, Bangladesh framed its Constitution, which has gone under many changes. Since its creation, Bangladesh has had two martial regimes (1975-1981 and 1981-1986). As result of the referendum, parliamentary democracy has been restored. Democratic institutions have started gaining roots in Bangladesh.

The present Prime Minister, Sheikh Hasina Wajed, is the only surviving member of her father Mujibur Rehman, who was the funding father of Bangladesh. Her grasp on power has been strengthened as a result of her relatively retaliatory ruthless actions, particularly the hangings of Jamat-e-Islami’s leaders and others who supported a united Pakistan, which has seriously eroded Bangladesh’s claim to democratic norms. Alas, a Truth and Conciliation Commission was constituted on the South African model in Bangladesh that would have saved many precious lives. An authoritarian regime supported by external powers and internal corporate forces could seriously undermine democracy in Bangladesh despite seemingly substantial economic progress in recent times.

Sri Lanka: Sri Lanka (Ceylon) was also a British colony. It got its independence on 4 February 1948 but remained a dominion of the Commonwealth. It became a republic in 1972. Its present Constitution was promulgated in 1978. Two of its presidents (S.W.R.D Bandaranayke and Premadasa) were assassinated. A bloody civil war started by the Tamil rebels in 1984 ultimately ended in 2009. However, elections were held regularly. There is a presidential form of government in Sri Lanka. It has the highest education rate in the region. The future of democracy is very bright in Sri Lanka. Its Constitution and people are a guarantee for a democratic Sri Lanka.

Nepal and Bhutan: These tiny Himalayan landlocked states are members of the South Asia Association for Regional Cooperation (SAARC). Nepal has now a fully operational democracy after the assassination of the royal family. Bhutan, after remaining for a century under a religious monarchy, transitioned to democracy in 2006-2008. These peace loving states have great future.

The credibility of democracy has eroded all over the world but it still remains the best system of government. Despite being under democratic regimes for over seventy odd years, South Asia remains the most backward and poor region in the world after Africa. There is an unstable constitutionalism in South Asia but the future is not bleak.

The writer is an advocate of the Supreme Court and former additional attorney general of Pakistan. He holds an LL.M. degree from Harvard Law School and is the co-author of a book ‘Comparative Constitutional Law.’ He can be reached at mwaqarrana@yahoo.com

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