Fourteenth Amendment to the Constitution of Pakistan, root of all present and future evils!

[Norwegian]

The Constitution (Fourteenth Amendment) Act, 1997 was an amendment to the Constitution of Pakistan passed in 1997, during the government of Prime Minister Nawaz Sharif, leader of the Pakistan Muslim League party. It subjected Members of Parliament to very strict party discipline. Party leaders received unlimited power to dismiss any of their legislators from Parliament if they spoke or voted against their party.

Since Nawaz' party had an overwhelming majority in Parliament, the Fourteenth Amendment effectively prevented the Prime Minister from being dismissed by a no confidence vote. A few months earlier, the Thirteenth Amendment took away the President's reserve power to remove a Prime Minister by dissolving Parliament and calling new elections. The amendments removed nearly all checks and balances on the Prime Minister's power, since there was virtually no way he could be legally dismissed.

In Pakistan, once legislators are elected to national or provincial assemblies, there is no way for the people to recall them before the end of their five-year terms. In the past, this has contributed to a sense of immunity on the part of members of the ruling party, and to rampant corruption among leading politicians. The Fourteenth Amendment increased this perception, and contributed to the overwhelming popular support for General Pervez Musharraf's coup in 1999. The Supreme Court subsequently validated the coup on the grounds that the Thirteenth and Fourteenth amendments created a situation for which there was no constitutional remedy.
Fourteenth Amendment to the Constitution of Pakistan - Wikipedia, the free encyclopedia

So, there we go PMLN. Its undeniable to say that coup in Pakistan in 1999 was Musharraf's fault alone. Pakistan had already become a civilian dictatorship when Noora passed 14th Amendment, thus becoming Ameer-ul-Momineen (Saudi style).

Seriously, was this the so-called sacred constitution your legislators were bragging about to defend in parliament's joint session weeks ago? Something that can be easily altered with 2/3 majority is sacred? No matter if this majority is achieved through rigging or free and fair elections? Also, where was Supreme Court of Pakistan in 1997 when Noora passed these dictatorial, undemocratic amendments to the constitution with 2/3 majority? Oh, yes, "sacred" SC building was under attack by PMLN supporters back in 1997 when CJ tried to bring Ameer-ul-Momineen under the scrutiny of the law.

 

[Dubious]

Power tends to corrupt, and absolute power corrupts absolutely

 

[Norwegian]

Power tends to corrupt, and absolute power corrupts absolutely

How did Singapore become the most transparent and least corrupt nation on the planet? Please share your nation's experiences to fix Pakistan. Even though I live in the most democratic nation of the world, this country too is plagued with chronic corruption scandals.

 

[HRK]

if there is a will, there is a way ....

even today dispossession of NS government (change with in parliament) is possible constitutionally .... but there is no will and support to go in that direction ....

 

[Norwegian]

even today dispossession of NS government (change with in parliament) is possible constitutionally .... but there is no will and support to go in that direction ....

Really? Please elaborate how.

 

[HRK]

Really? Please elaborate how.

if you can't get the hint then it means you are not following the current political events .... read my post again

but there is no will and support to go in that direction ....

Tabdeeli aa nahi rahi, a chuki hai ....

 

[Dubious]

How did Singapore become the most transparent and least corrupt nation on the planet? Please share your nation's experiences to fix Pakistan. Even though I live in the most democratic nation of the world, this country too is plagued with chronic corruption scandals.

Well I cant tell you much as I have never been interested in politics in general ...

I guess it is more to do with the fast pace where everyone is just earning their daily bread rather than trying to figure out if their neighbour is a Sunni or Shia

 

[expert]

Great analysis of the situation. But it also means, sadly, that Nawaz will never resign. He will have to be kicked out.

 

[Norwegian]

Great analysis of the situation. But it also means, sadly, that Nawaz will never resign. He will have to be kicked out.

How? We need solutions not more conflicts and problems.

 

[VCheng]

Seriously, was this the so-called sacred constitution your legislators were bragging about to defend in parliament's joint session weeks ago? Something that can be easily altered with 2/3 majority is sacred?

A Constitution is a living document and it must contain mechanisms to amend it to keep it updated and relevant. Yes, it remains the supreme foundation for the rule of law in a civilized country. Always.

 

[Norwegian]

I guess it is more to do with the fast pace where everyone is just earning their daily bread rather than trying to figure out if their neighbour is a Sunni or Shia

But Singapore was similar to Pakistan or India in terms of corruption back in the 60's. Then everything changed:

The UN International Anti-Corruption day is commemorated worldwide on December 9. What better time to mull over international best practices against graft?

In this article, I shall highlight Singapore’s experience of ‘keeping the government clean,’ as narrated by Lee Kuan Yew, Prime Minister of Singapore, 1959-1990, in his famous book, From Third World to First.

At independence from Britain in 1965, the government in Singapore was held hostage by corrupt officials: the police formed cartels to collect monthly baksheesh from transport companies and failure to pay would invite an arrest warrant on trumped up charges; one had to pay a bribe to be admitted into hospital even after a road accident; customs and immigration officials were on the take; procurement officers provided information on tender bids for a fee; even garbage collectors would not do their job without being paid a bribe!

The first independence government under Prime Minister Lee Kuan Yew came to power with ‘a deep sense of mission to establish a clean government.’ All Ministers except one, were university graduates.

They were professionals who came into politics to serve, not to seek employment or to enrich themselves. Ministers commanded the respect of the people and of public servants.

They exuded confidence and a sense of purpose. Lee’s Party moved quickly to put regulatory oversight and statutory instruments in place to prevent, detect, deter and stop corruption in its tracks.

An anti-graft body, The Corrupt Practices Investigation Bureau (CPIB) was formed under a director and given sweeping powers including power of arrest, investigations of bank accounts and bank books of suspects, their wives, husbands, children or agents.

CPIB officers had full government support to deal with all transgressors without exception. They carried out thorough investigations and worked hand-in-hand with the courts which in turn enforced the law without fear or favour.

Petty corruption was dealt with by among other measures, simplifying procedures, taking away discretionary powers and abolishing certain permits and licenses. So much for the small fish!

For the big fish, more serious action was needed. Anti-graft laws were tightened to close loopholes to secure convictions. It became unnecessary to prove that the person who accepted a bribe was in a position to carry out the required favour.

The Comptroller of Income Tax was obliged to give information on anyone investigated. Judges accepted the evidence of an accomplice.

The courts took as corroborative evidence proof of the fact that the accused lived beyond his or her legitimate verifiable income, or had property that could not be explained by lawful, income.

The CPIB director had the full power to investigate every person including high officials and ministers without fear of interference from any quarter. It was compulsory, by law, for witnesses summoned by the CPIB to present themselves in person to give information.

In 1989, the maximum fine for corruption was increased from Singaporean dollars(S$)10,000 to S$100,000. Giving false information to the CPIB became an offence subject to imprisonment and a fine of up to S$10,000. The courts were empowered to confiscate benefits derived from corruption.

The three decades from the 1960 saw at least three cabinet ministers, one in each decade, accused of impropriety, or behavior unbecoming.

The first was Tan Kia Jan, Minister for National Development and later government representative on the board of Malaysian Airways. He was accused of taking bribe, of not discharging his duties beyond reproach, in the purchase of a Boeing aircraft by the airline. He was sacked and socially ostracized.

Wee Toon Boon was Minister of State for the Environment in 1975 when he took a free trip to Indonesia for himself and his family members, paid for by a housing developer.

He also accepted a bungalow from the developer. He was charged, convicted and sentenced to four years and six months in jail. He appealed. The conviction was upheld but the sentence was reduced by 18 months.

The most memorable fall from grace and honour was perhaps that of Teh Chiang Wan, Minister for National Development in 1986. He admitted under cross-examination that he accepted two cash payments of S$400,000 each as bribe, ‘in one case to allow a development company to retain parts of its land under compulsory acquisition by government and the second to assist a developer in purchasing state land for private development.’ These payments were received in 1981 and 1982. When the evidence was out and he felt he had lost face, lost grace, lost honour and lost all, he did the unthinkable—he took his own life leaving a suicide note addressed to Prime Minister Lee.

Prime Minister,

I have been feeling very sad and depressed for the last two weeks. I feel responsible for the occurrence of this unfortunate incident and I feel I should take full responsibility. As an honourable oriental gentleman, I feel it is only right I should pay the highest penalty for my mistake.

Yours faithfully,

Teh Cheang Wan

The Cheang Wan's widow and daughter left Singapore for exile and never returned. In the words of Lee Kuan Yew, ‘they had lost too much face.’

Fighting Corruption The Singapore Way | The Star

A Constitution is a living document and it must contain mechanisms to amend it to keep it updated and relevant. Yes, it remains the supreme foundation for the rule of law in a civilized country. Always.

Well, it depends on the country if it wants to remain civilized or not. I mean, how can you defend co-called leader of a nation with 2/3 majority in the assembly passing national constitutional amendments in his own personal favor? Is this the definition of a democracy in a civilized society? This would mean if Nazis were in power in Germany with heavy majority, their passing of racist laws against Jews and other minorities was 'civilized' action per constitution, as it can always be altered with majority support? I am sick and tired of you rants. This democratic system you defend is essentially corrupt if it allows civilian dictatorship to be formed constitutionally, democratically, judicially and then accuse military dictator for deposing this civilian dictator in a bloodless coup!

 

[VCheng]

Well, it depends on the country if it wants to remain civilized or not. I mean, how can you defend co-called leader of a nation with 2/3 majority in the assembly passing national constitutional amendments in his own personal favor? Is this the definition of a democracy in a civilized society? This would mean if Nazis were in power in Germany with heavy majority, their passing of racist laws against Jews and other minorities was 'civilized' action per constitution, as it can always be altered with majority support? I am sick and tired of you rants. This democratic system you defend is essentially corrupt if it allows civilian dictatorship to be formed constitutionally, democratically, judicially and then accuse military dictator for deposing this civilian dictator in a bloodless coup!

"People get the government they deserve." - Alexis de Tocqueville

 

[Biplab Bijay]

"People get the government they deserve." - Alexis de Tocqueville

I think your prophet had said this too, is not it ?

 

[Norwegian]

"People get the government they deserve." - Alexis de Tocqueville

Thanks for confirming my view.

I think your prophet had said this too, is not it ?

Yes, he said something like: Jesi Qaum Hoti Hai, Wese Hi Hukumran Unpar Musallat Kardie Jate Hain.

 

[VCheng]

Thanks for confirming my view.

Yes, he said something like: Jesi Qaum Hoti Hai, Wese Hi Hukumran Unpar Musallat Kardie Jate Hain.

So what we have in Pakistan is what the people deserve.