If not caretakers, what?

Mazhar Abbas

If not caretakers, what?

Mazhar Abbas

2020, News Article

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Since then, Pakistan has had seven caretaker governments. Most of those have been accused of being partisan. Some of them have had obvious political leanings. There is no simple answer to the predicament. The system can be reformed to ensure that a caretaker government is strictly neutral. Perhaps we can also learn a thing or two from the experience of Bangladesh, India and the US. For now, it appears that Pakistan will retain the system of caretaker governments without major changes.

If not caretakers, what? Dr Mazhar Abbas & Dr Imran Wakil (August 6, 2023) The formation of caretaker governments is in the news as the 15th National Assembly is set to complete its five-year term on August 12. Caretaker governments are formed to ensure free and fair elections. This way they facilitate a smooth and peaceful transfer of power from one elected government to another. However, a majority of the caretaker setups have been accused of being partisan. The current caretaker governments in the Punjab and Khyber Pakhtunkhwa have already exceeded the constitutional limit on their terms. But then what can work, if not a caretaker setup as provided in the constitution? The experience of a caretaker system in Bangladesh may be relevant. Bangladesh had bitter outcomes with the caretaker system between 1996 and 2011, including a military-backed government of technocrats from 2006 to 2008 that ended only as a result of considerable international pressure. Elections were finally held in December 2008 to hand over power to an elected government. Later, in a historic ruling, the country’s supreme court declared the caretaker system unconstitutional. This encouraged the parliament to scrap the interim setups. The caretaker system was finally abolished in 2011 through the 15th Constitutional Amendment passed by the 345member legislature with an overwhelming majority (of 291 to 1), in a vote boycotted by the Bangladesh National Party, the main opposition party. After the vote, Prime Minister Hasina Wajid stated: “This is a historic moment for democracy. We can’t allow unelected people to oversee national elections.” While Bangladesh has finally abolished the caretaker system, India has never had one. In 1950, it established the Election Commission of India (ECI) as an empowered and independent constitutional body. The ECI operates with a high degree of autonomy, ensuring impartiality in its functioning. It administers all aspects of the electoral process, including voter registration, delimitation of constituencies and conduct of elections at various levels of government. The ECI actively monitors the conduct of candidates, political parties and election campaigns, diligently enforcing the Model Code of Conduct to prevent malpractices and promote fair competition. Additionally, the ECI advocates for electoral reforms, seeking continuous improvements to enhance transparency and accountability. Through its vigilance, it plays a pivotal role in upholding the sanctity of the electoral system, fostering a vibrant democracy that represents the voice of the people. In the United States, the empowered election commission operates through federal, state and local authorities. The Federal Election Commission (FEC) is an independent regulatory agency responsible for enforcing federal campaign finance laws, ensuring transparency in political contributions and spending. While the FEC focuses on campaign finance oversight, the overall administration of elections, voter registration and ballot counting lie primarily with the state and local election commissions or boards. Every state in the US has its own election commission, which plays a vital role in maintaining the integrity of the electoral process in its jurisdiction. Through this collaborative approach, the empowered election commission system in the US strives to safeguard the democratic principles and electoral fairness, ensuring that the voices of the American people are heard and represented accurately in the democratic process. In Pakistan, the original 1973 constitution did not have a provision for a caretaker government. The system was introduced through the Revival of Constitution Order (RCO) in 1985. Under this provision, Gen Zia selected the first caretaker government in 1988 after he had dissolved the National Assembly. This caretaker setup did not have a prime minister; the ministers reported to the president. Since then, Pakistan has had seven caretaker governments. Most of those have been accused of being partisan. Some of them have had obvious political leanings. There is no simple answer to the predicament. The system can be reformed to ensure that a caretaker government is strictly neutral. Perhaps we can also learn a thing or two from the experience of Bangladesh, India and the US. For now, it appears that Pakistan will retain the system of caretaker governments without major changes. Mazhar Abbas has a PhD in history from Shanghai University. He is a lecturer at GCU, Faisalabad, and a research fellow at PIDE, Islamabad. He can be contacted at [email protected]. He tweets at @MazharGondal87 Imran Wakil has a PhD in international relations. He is a lecturer at GCU, Faisalabad

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