Re: Long March Declaration — A post-mortem
I am really surprised looking at understanding of the people on the forum (as also around me) about the agreement and what Nation achieved due to the agreement (if implemented). I did not mention it before (intentionally) but I would also put down why Imran was reluctant to join TUQ.
First thing: Question arises, whatever the agreement why it would get implemented?
I believe that agreement with TUQ would not have happened if all was up to Pakistani politicians and government in power. Most likely, army must have put down their weight and forced government to come to agreement with TUQ. So, I believe army (that is my thinking) could be a guarantor of the agreement behind the scene. Secondly, I also believe that SC would also make sure that agreement is fulfilled, as whatever in agreement would be part of constitution too.
Now coming to agreement and major TUQ demands:
What TUQ was demanding (it was 4 things):
1: Election should be held in accordance with Article 62, 63 and 218 of constitution, and within 90 days.
2: Election commission should be dissolved and reconstituted again.
3: Care taker government setup should be made by consent and agreement of all political parties.
4: Federal and provincial assemblies should be dissolved by the government.
Reasons for his demands:
1: Election should be held in accordance with Article 62, 63 and 218 of the constitution, and within 90 days.
This demand is most crucial. Implementation would bar all corrupt politicians from contesting election. It is this demand (along with demand 2 and 3) that was most worrying for corrupt politicians. All other TUQ demands were there to support this demand.
Demand got accepted. Important of this demand is that now election commission would have to make sure that all candidates who file nomination papers could not contest election unless that candidate fulfils requirement set in Article 62, 63 and 218 of the constitution.
In past this never happened and now it would be duty of election commission that it happens … EC would have to investigate all candidates before allowing them to contest election as this is now mandatory requirement (no one from outside election commission would need to file case against candidate).
90 days clause is there in constitution for care-taker government and is put in by TUQ so that election commission would have time to investigate all candidates.
2: Election commission should be dissolved and reconstituted again.
This clause was demanded because most staff working in election commission are political appointees so obviously they would not do thorough investigation of candidates to make sure they fulfil Article 62, 63 and 218 even if it would become their duty to investigate without any complains by contesting candidates (as use to happen). On the other hand, EC had no powers to investigate candidates themselves and had to wait for complains from contesting candidates of same constituency.
Government agreed with TUQ that other than election commissioner (who is honest person anyhow), election commission would be dissolved and new independent and more powerful election commission would be set-up consisting of impartial staffs (no political appointees) that would have powers (as well as duty) to investigate candidates and make sure they comply with Article 62, 63 and 218 of the constitution (no need for complains).
3: Care taker government setup should be made by consent and agreement of all political parties.
This clause was there to make sure that Care taker government fully co-operate with election commission and do not create hindrance in their investigations to make sure that contesting candidates fulfils Article 62, 63 and 218 of the constitution.
Demand got accepted as we know most political parties were present while negotiating and TUQ was asking that they all should get consulted and agree with care-taker government set-up and not just Leader of the house (Prime Minister) and Opposition leader (as what presently constitution requires). Actually, now TUQ would also be there (stakeholder as voter) to suggest who would be in care-taker government.
4: Federal and provincial assemblies should be dissolved by the government.
This clause was there so that enough time is given to caretaker government set-up so that they can hold free and fair election within 90 days according to the Article 62, 62 and 218 of the constitution.
According to agreed agreement, a strong EC would get at least 30 days to investigate candidates and neutral care-taker government would be installed for 90 days that would fully cooperate with EC.
So … main reason for long march was that in next election, a strong EC and neutral caretaker government make sure that all contesting candidates fulfil Article 62, 63 and 218 of the constitution. For that, EC would investigate each and every candidate to make sure they do fulfil Article 62, 63 and 218 of the constitution before allowing them to contest election (regardless of any complain against them or not).
Implications on corrupt candidates:
Corrupt politicians were worried and upset with TUQ demands (something in the end they were forced to accept)
Reason is simple, that is, no corrupt candidate can fulfil Article 62, 63 and 218 of the constitution and thus the agreement making these clauses as mandatory conditions to participate in election would keep all corrupts out of assembly (in theory at least). For investigating each candidate, EC would have at least 30 days.
In past, corrupts managed to contest election because there was no requirement that EC should investigate them as mandatory requirement of participate in election.
In past, Article 62, 63 and 218 of the constitution only used to come in force if opposing candidate from same constituency complains, but then requirement was that complainant candidate have to prove to EC that the candidate he is complaining against do not fulfil Article 62, 63 and 218 of the constitution.
Even though there was silent agreement between most contesting candidates that they would not complain against each other, such task was almost impossible for complainant to prove in most cases anyhow as complainant could not have access to all files and background of candidate what government functionaries could have, especially when EC had little power to investigate, most were political appointees, and care-taker government were indifferent.
Now, when it would be requirement for a strong EC to make sure all candidates fulfils Article 62, 63 and 218 of the constitution, such should not happen (in theory).
Let see its implication on politicians:
Rehman Malik, Imran Khan, Dr Qadri (himself), Altaf-Hussain, Zardari, Nawaz, Shahbaz, Amin Fahim, etc … think of people who are politicians or would like to become member of Pakistan assemblies (federal or provincial) and apply Article 62, 63 and 218 and one would find that most would not even qualify for contesting election.
Note: One can see why Imran was reluctant to join TUQ. Reason is that, he knew that if TUQ demands are met than he would be ‘out from election’ too … so, he wanted that TUQ demands only get accepted if it applies to others but not him … something he knew could not happen, so his heart might be saying that to join TUQ but his mind knew that it would be disaster for him so keep away from TUQ … and thus he kept away…:)
