Indo Pak History-6

The Simla Agreement [1972]

After the 1971 war, India held prisoner around 93,000 Pakistani troops and civilians. In Pakistan there was a growing demand to get these prisoners released with the result that a Summit Conference between Pakistani President, Zulfiqar Ali Bhutto and the Indian leader, Mrs. Gandhi, was held at Simla from June 28 to July 2, 1972. The two countries reached an agreement on July 2. The agreement contained the elements of an earlier Indian draft, but the wording was considerably modified. In particular the clause referring to the ceasefire line in Kashmir was rephrased as to make it acceptable to Pakistan.

The broad features of this pact included that the principle and purpose of the charter of United Nations would govern the relations between the two countries. The two countries resolved to settle their differences by peaceful means through bilateral negotiations. The foremost conditions for understanding, good neighborly relations, and stable and lasting peace were laid that no country would interfere with the other country’s internal matters on the basis of mutual respect for peace, security, territorial sovereignty, mutual friendship and equality.

It was reiterated again in the agreement that efforts would be made to put an end, as far as possible, to all such disputes and differences that have been the cause of dissension between the two countries for the last 25 years. Both governments also agreed to take all steps within their power to prevent hostile propaganda directed against each other.

In order to progressively restore and normalize relations between the two countries, it was agreed that steps would be taken to resume communications, postal service, and promote and facilitate travel by sea, land and air. Trade and cooperation in economic and other agreed fields would also be resumed.

In order to initiate the process of durable peace, both the governments agreed that Indian and Pakistani forces would be withdrawn to their sides of the international border. The control line between Jammu and Kashmir would be the same as was on December 17, 1971. Both the countries would respect the international border and the withdrawal of the armies would be completed within 30 days of the implementation of the agreement.

Leaders of both the countries agreed at Simla to meet again at a mutually agreed time so that representatives of both the countries could discuss more arrangements for durable peace, including matters relating to prisoners of war, local prisoners, final settlement of Jammu and Kashmir dispute and diplomatic relations. As a consequence of the clauses pertaining to the withdrawal of forces, Indian troops withdrew from the 5,139 sq. miles of Pakistani territory in Punjab and Sindh it had occupied during the war. Similarly, Pakistani troops withdrew from 69 sq. miles of territory in Punjab and Rajasthan. In Kashmir, India retained 480 sq. miles and Pakistan 52 sq. miles.

Pakistan ratified the Simla Agreement on July 15 and India on August 3, after which the agreement came into effect on August 4, 1972.

The Constitution of 1973

The Bhutto Government’s first achievement was the preparation of a Constitution for the country. The most prominent characteristic of this Constitution was that it accommodated proposals from the opposition parties and hence almost all the major political parties of the country accepted it. The National Assembly approved the 1973 Constitution on April 10, 1973, and it came into effect on August 14. Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.

The Constitution of 1973 opens with a Preamble. This is the preliminary part of the Constitution in which broad features of the Constitution have been explained. The first Article of the Constitution declares Pakistan as a Federal Republic to be known as the Islamic Republic of Pakistan. Islam was declared as the State religion of Pakistan. Pakistan was to be a Federation of four federating Units, Punjab, Sindh, N. W. F. P. and Baluchistan.

The Constitution was parliamentary in nature. Article 41 of the Constitution lay down that the President was to be the Head of the State. The President was to be a Muslim above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be re-elected but could not hold office for more than two terms. The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners. In the Provincial Government, each province was to have a Governor appointed by the President. The appointment of Federal Ministers and Ministers of the State from amongst the members of the Parliament was at the Prime Minister’s disposal.

The 1973 Constitution set up a bicameral legislature at the Center consisting of two Houses, the National Assembly and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The President on the advice of the Prime Minister could dissolve the National Assembly. The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government, each province will have a Governor appointed by the President. The Provincial Assembly for each province consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N. W. F. P., and 40 seats for Baluchistan.

The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law. Any person who was found to abrogate or attempt or conspire to abrogate or subvert the Constitution was to be treated guilty of high treason. The Constitution conferred several kinds of fundamental rights to the people such as the right to life, liberty, equality and freedom of speech, trade and association. The Constitution also declared the laws inconsistent with or in derogatory to fundamental rights as null and void.

In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. Emphasis was made to establish a real Islamic system in all aspects of social life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam. The Islamic Advisory Council was set up to recommend ways and means to bring existing laws of the country in conformity with the Islamic principles.

The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979. However, General Muhammad Zia-ul-Haq who ran the country with Martial Law passed the Eighth Amendment in the Constitution in 1985. This Amendment empowered the President to dissolve the National Assembly under Article 58(2) b. This Article was later repealed by the Parliament during Nawaz Sharif’s era through Thirteenth Amendment introduced on April 1, 1997. The Thirteenth Amendment was in turn repealed by the Legal Framework Order of 2002, which effectively restored the discretionary powers of the President enacted by the Eighth Amendment.

Zulfikar Ali Bhutto becomes Prime Minister [1973]

After the promulgation of the 1973 Constitution, the elections for the President, Prime Minister, Chairman of Senate, Speaker and Deputy Speaker of the National Assembly were to be undertaken. The 1973 Constitution had adopted a federal parliamentary system for the country in which the President was only a figurehead and the real power lay with the Prime Minister.

Z. A. Bhutto was sworn in as the Prime Minister of the country on August 14, 1973, after he had secured 108 votes in a house of 146 members. Fazal Ilahi Chaudhry was elected as the President under the new Constitution.

During his period, six amendments were carried out in the 1973 Constitution. The First Amendment led to Pakistan’s recognition of Bangladesh. The Second Amendment in the constitution declared the Ahmadis as non-Muslims. The rights of the detained were limited under the Third Amendment while the powers and jurisdiction of the courts for providing relief to political opponents were curtailed under the Fourth Amendment. The Fifth Amendment passed on September 15, 1976, focused on curtailing the power and jurisdiction of the Judiciary. This amendment was highly criticized by lawyers and political leaders. The main provision of the Sixth Amendment extended the term of the Chief Justices of the Supreme Court and the High Courts beyond the age of retirement. This Amendment was made in the Constitution to favor the then Chief Justice of the Supreme Court who was supposed to be a friend of Bhutto.

The Bhutto Government carried out a number of reforms in the industrial sector. His reforms were twofold; nationalization, and the improvement of workers’ rights. In the first phase, basic industries like steel, chemical and cement were nationalized. This was done in 1972. The next major step in nationalization took place on January 1, 1974, when Bhutto nationalized all banks. The last step in the series was the most shocking; it was the nationalization of all flour, rice and cotton mills throughout the country.

This nationalization process was not as successful as Bhutto expected. Most of the nationalized units were small businesses that could not be described as industrial units, hence making no sense for the step that was taken. Consequently, a considerable number of small businessmen and traders were ruined, displaced or rendered unemployed.

In the concluding analysis, nationalization caused colossal loss not only to the national treasury but also to the people of Pakistan. During his period as the Prime Minister, a number of land reforms were also introduced. The important land reforms included the reduction of land ceilings and introducing the security of tenancy to tenant farmers. The land ceiling was fixed to 150 acres of irrigated land and 300 acres of non-irrigated land. Another step that Bhutto took was to democratize Pakistan’s Civil Service.

Fazal Ilahi becomes President [1973]

After the promulgation of the 1973 Constitution, Zulfiqar Ali Bhutto was sworn in as the Prime Minister of the country, and Fazal Ilahi Chaudhry became the President of Pakistan, on August 14, 1973, for a term of five years. Fazal Ilahi was a mere figurehead since all power and authority rested with the Prime Minister. He was allowed to continue as the President of Pakistan till 1978, although the army took over the reigns of power in July, 1977. He was relinquished from the office at his own request on September 16, 1978.

General Muhammad Zia-ul-Haq was sworn in as the next President of Pakistan, in addition to being the Chief Martial Law Administrator and the Chief of Army Staff.

General Elections 1977

According to the original schedule, the second general elections in the history of Pakistan, and the first after the dismemberment of the country, were to be held in the second half of 1977. However, on January 7, 1977, Bhutto announced that the elections would be held earlier. On January 10, Justice Sajjad Ahmad Jan, Chief Election Commissioner, announced the election schedule and declared January 19 and 22 as the last date for receipt of nominations for National Assembly and Provincial Assemblies, respectively. To many, the idea was not to give sufficient time to the opposition in order to make decisions and arrangements for the forthcoming elections. Election symbols were allocated to all the political parties. The total registered voters in the country were 30,899,052. Two hundred and fifty five Returning Officers were appointed for the National Assembly elections by the Election Commission.

Immediately after the announcement, Bhutto started his election campaign. The first step he took was the allocation of tickets to his party men. Unlike the 1970 elections, when Pakistan Peoples Party mainly banked on socialistic slogans, this time Bhutto also relied on political heavyweights. A number of feudal lords and other influential persons were allocated party tickets. Bhutto himself held public meetings all over the country, and to get further support from the common man, he announced labor reforms on January 4, and a second set of land reforms on January 5. The attendance in the public meetings was amazing in all parts of the country, especially in interior Sindh and Punjab. The opposition blamed Bhutto for using Government machinery in running his election campaign.

The biggest problem for Bhutto and his Pakistan Peoples Party was that nine important parties of the opposition had joined hands and formed an alliance, named as Pakistan National Alliance. P. N. A. decided to contest the elections under one election symbol “plough” and a green flag with nine stars as its ensign. Throughout their election campaign, instead of giving their own agenda, P. N. A. leadership mainly concentrated on echoing the alleged misdeeds of Bhutto’s Government, corruption, mismanagement of national wealth, heavy expenditures on administration and disastrous economic policies evidenced by inflation. The P. N. A. leaders also exploited the deteriorating law and order situation and misuse of law enforcing agencies against the political opponents. They claimed that the fundamental rights had been curtailed during Bhutto’s era.

P. N. A. managed to exploit anti-Bhutto sentiments among a huge section of masses and thus their election campaign received an unexpectedly positive response. Their claim, that their manifesto was Quran, also helped them in winning over a sizable number of voters from all over Pakistan. The attendance in P. N. A. public meetings and rallies was at times unexpected, even for the Alliance leadership itself.

Finally the elections were held on March 7 in which Pakistan Peoples Party managed to win 155 out of 200 seats in the National Assembly. The results of the elections astonished political pundits both inside and outside Pakistan. Pakistan National Alliance was only able to win 36 National Assembly seats. To add insult to injury, the Alliance could only win 8 out of 116 seats of the National Assembly from Punjab, and failed to win even a single seat from Lahore and Rawalpindi, cities in which they had organized big public gatherings and processions.

Pakistan National Alliance leaders protested that there had been a systematic rigging of election results to defeat them. At many places, particularly where the P. N. A. candidates were strong, the polling was alleged to have been blocked for hours. There were also reports that P. P. P. armed personnel in police uniform removed ballot boxes. Marked ballot papers were also found on the streets in Karachi and Lahore. Rumors quickly circulated that the results in key constituencies were issued directly from the Prime Minister’s office. P. N. A. boycotted the provincial elections. P. P. P. resorted to bogus voting merely to prove that voters had come to cast their ballot. Overall P. P. P. gained 99 percent seats. The voting figures showing the success of the P. P. P. candidates often surpassed the actual number that turned up for voting.

At last Martial Law was imposed by Zia-ul-Haq who appointed a committee to inquire into the alleged rigging of the National Assembly polls. This committee was reported to have found a blueprint of the plan of rigging from the Prime Minister House. The inquiry committee alleged that Bhutto had prepared this plan as early as April 1976, under the title of “A Model Election Plan”, later known as the “Larkana Plan”. In an interview to Associated Press of Pakistan, Sajjad Ahmad Jan, the Chief Election Commissioner admitted that the failure of the electoral process was by and large due to the candidates of the ruling party, who exploited their position and party machinery and thus destroyed the sanctity of the ballot box.

Ouster of Zulfiqar Ali Bhutto

Ever since Zulfiqar Ali Bhutto took over the responsibilities of governance, there was a strong group in the country that was not ready to accept him. They considered him as one of the players who were involved in the dismemberment of Pakistan. This hatred was further enhanced by the authoritarian style of his governance. His policy of suppressing the opposition and interference in the affairs of the Provinces proved to be the major factor for the unity of the rightist and the leftist political parties against him. As early as March 1973, opposition parties in the National Assembly set a common platform, called United Democratic Front, to counter the anti-opposition steps of Bhutto’s Government. However, the opposition emerged as a significant force against Bhutto at the macro level for the first time when elections were announced in January 1977. The opposition decided to join hands against Bhutto and contest the election from a common platform, the Pakistan National Alliance.

Formation of P. N. A. proved to be the beginning of the decline of Bhutto. During the elections, the Establishment showed its biased attitude towards P. N. A. which made the Alliance even more popular among the masses. Most of the public meetings of P. N. A., especially in the big cities like Karachi, Lahore and Rawalpindi, were immensely successful. Yet the result of March 7 elections astonished everyone as P. P. P. swept the polls and P. N. A. was only able to win 36 seats in the National Assembly. P. N. A. leadership did not accept the results and accused the Government of systematic rigging. P. N. A. Executive Council decided to boycott the Provincial Assemblies’ polls and demanded for immediate resignation of Bhutto, replacement of the Chief Election Commissioner, and fresh election of National Assembly seats under the supervision of Judiciary and the Army.

When Bhutto refused to accept the demands of P. N. A., leadership of the Alliance decided to bring the people onto the streets, to break law deliberately, and to confront the police and the security forces. P. N. A. leaders called upon the people to stage countrywide strikes and organize protest marches. The followers fully responded to the call and a full-fledged political movement started. The business community wholeheartedly joined Alliance. P. N. A. used mosques to stimulate the masses and tried to create an impression that they were only working for the enforcement of Nizam-i-Mustafa. They criticized the socialistic attitude of Bhutto and alleged that he had lost his faith in Islam. The ulema whipped up emotions for a Jihad to save Islam, which they thought was in danger from an evil regime. The bar associations across the country also began to register their strong protest against the electoral fraud and denounced the post-election policy of repression.

Initially Bhutto put a deaf ear to the demands of P. N. A. and debunked opposition’s charges that his landslide victory was a result of rigging. He used police and F. S. F. against Alliance’s activities and its top leadership was arrested and put behind the bars. Martial Law was enforced in three main cities of Karachi, Lahore and Hyderabad. Curfew was imposed in the rest of the big cities of the country and Army was called to maintain law and order.

However, the intensity of the situation made Bhutto realize that it was not possible to suppress the movement by force. In the beginning of May, Bhutto changed his policy and started to explore the option of a dialog. Some P. N. A. leaders were released and brought to Sihala for negotiations in the first week of June. Bhutto showed his willingness to hold elections in November 1977, and offered five ministries to the P. N. A. candidates during the interim period. But P. N. A. team insisted on 50 percent representation in the Cabinet and demanded elections before August 14. Bhutto eventually accepted almost all the demands of P. N. A. and the stage was set for a compromise. Signing of the agreement was held in abeyance as he went abroad for a tour of Saudi Arabia, Libya, U. A. E., Kuwait and Iran. His tour was termed as dilatory tactics and again there seemed to be a deadlock.

It was in these conditions that Chief of the Army Staff, General Zia-ul-Haq, imposed Martial Law in the country on July 5, 1977, and sent Bhutto behind the bars. General Zia said, “Had an agreement reached between the opposition and the Government, I would certainly never have done what I did”.

Martial Law under General Zia-ul-Haq [1977-1985]

Elections were held on March 7, 1977. The Pakistan Peoples Party won these elections, but was accused by their opponents, Pakistan National Alliance, of rigging the elections. On March 14, 1977, the Alliance started a series of nationwide protests. Talks between the Alliance and Bhutto government were held in June 1977 and an agreement was reached, but it could not be implemented.

Fresh elections were announced for October 15, 1977. But on July 5, 1977, the Chief of Army Staff, General Muhammad Zia-ul-Haq, imposed Martial Law and the elections were postponed. General Zia-ul-Haq announced holding of elections within 90 days.

A conference of political leaders was held in February 1978, but a year later, in 1979, General Zia-ul-Haq declared political parties to be defunct and certain political leaders were disqualified.

Under General Zia’s Martial Law, there was steady economic growth favoring the private sector, and efforts were made to Islamize the political, legal and economic structures. Pakistan gained the status of Most Favored Nation from the United States following the Soviet invasion of Afghanistan in December 1979. Vast amounts of military equipment and aid were donated to Pakistan to help the four million Afghan refugees who crossed into Baluchistan and North West Frontier Province.

On February 6, 1981, Movement for Restoration of Democracy was established to return democracy to Pakistan. A provisional Constitution was enforced on March 23, 1981, as the Constitution of 1973 had been suspended with the imposition of Martial Law.

Finally, after the nomination of Muhammad Khan Junejo as Prime Minister of Pakistan on March 20, 1985, Junejo fulfilled his promise of lifting the Martial Law and the restoration of the fundamental rights, but at the price of enforcement of the Eighth Amendment and the validation of the Revival of the Constitutional Order.

Referendum 1984

General Zia wanted to establish a pseudo-democracy in Pakistan, with a continuation of him as President under a civilian setup. Zia took a number of steps in this direction; the first was the establishment of the Majlis-i-Shoora. The Majlis-i-Shoora was to take the place of the National Assembly, but was to be without any legislative powers. General Zia’s second step was to ask the public to endorse his rule. This appeal was in the form of a referendum, which was so worded that a “Yes” meant that Zia himself would be further endorsed, even though the referendum did not refer to this directly. The Referendum Order 1984 put forward a complex question to the citizens, but in essence, seeking endorsement of the process of Islamization initiated by General Zia.

The question read as follows:

“Whether the people of Pakistan endorse the process initiated by General Muhammad Zia-ul-Haq, the President of Pakistan, for bringing the laws of Pakistan in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH) and for the preservation of the Islamic ideology of Pakistan, for the continuation and consolidation of that process, and for the smooth and orderly transfer of power to the elected representatives of the people.”

The question was, by all standards, a very complicated and complex one, particularly for the uneducated rural class. It was a loaded question that simply asked, “Do you wish Pakistan to be an Islamic state?” An affirmative vote in the referendum was to result in a five-year term for Zia as President of Pakistan.

The referendum was held on December 19, 1984. The Movement for the Restoration of Democracy boycotted the elections. The results of this referendum showed the people voted in favor of Zia, though the M. R. D. claimed that a very small percentage of people actually showed up to vote. Zia rejected this claim and declared that he had been given public support to continue as President of Pakistan for the next five years

As a result of the referendum, the Chief Martial Law Administrator General Muhammad Zia-ul-Haq became the President of Pakistan. After the referendum, General Zia announced that the elections for the National and Provincial Assemblies would be held in February 1985, on a non-party basis.

General Elections, February 1985

After the 1984 referendum, General Zia announced elections of the National and Provincial Assemblies in February 1985. The elections were to be held on a non-party basis, which was legalized through an amendment to the 1973 Constitution. Each candidate had to be supported by at least 50 people to be able to contest in the elections. In a nationwide speech on January 12, 1985, General Zia also announced various other conditions for the elections. Amendments were made in the Political Parties Act of 1962. These amendments affected all political parties. The opposition parties, M. R. D., boycotted the elections, as their demands for party-based elections and restoration of the 1973 Constitution were not met.

The elections for the National and Provincial Assemblies were held in 1985 on February 25 and 28, respectively. The successful boycott of the 1984 referendum caused the M. R. D. to miscalculate their next step. Being confident of public opinion, they boycotted these elections as well. Contrary to expectations, the voters turned to the polls in large numbers. Surprisingly, many political leaders, including former Members of National and Provincial Assemblies, and Advisors, who had seemed popular in their appeals, could not win from their constituencies. The people elected many new faces. The M. R. D. soon realized that it had miscalculated badly, that it should have fought the elections on Zia’s terms. An alternative leadership was in place with many of the old political leaders routed out.

The general elections to the National and Provincial Assemblies were held peacefully and with a large participation of the people. Total voter turnout for the National Assembly was 53.69 percent. In the Provincial Assemblies elections, where the constituencies were smaller and the contest harder, the turnout of the voters was even better. It was 57.37 percent nationwide. The newly elected National Assembly was to replace the Majlis-i-Shoora and was to have legislative powers as well. Muhammad Khan Junejo was appointed as the Prime Minister and he formed the government. It was this newly elected Assembly that set the tone for later years by incorporating the controversial Eighth Amendment in the Constitution of Pakistan.

Islamization Under General Zia-ul-Haq

When General Zia-ul-Haq took over as the Chief Martial Law Administrator on July 5, 1977, Islamization was given a new boost. General Zia-ul-Haq was a practicing Muslim who raised the slogan of Islam. The Islamic sentiment has always been fully alive in Pakistan. Various governments have used this to their benefit. There are people who doubt Zia’s reasons for raising the Islamic slogan; whether it was for political purposes to counter balance Bhutto’s appeal or was it to enforce Islam in its true sense.

In his first address to the nation, he declared that Islamic laws would be enforced and that earnest attention would be devoted towards establishing the Islamic society for which Pakistan had been created. General Zia wanted to bring the legal, social, economic and political institutions of the country in conformity with the Islamic principles, values and traditions in the light of Quran and Sunnah, to enable the people of Pakistan to lead their lives in accordance to Islam.

The Government of Zia-ul-Haq took a number of steps to eradicate non-Islamic practices from the country. He introduced the Zakat, Ushr, Islamic Hadood and Penal Code in the country. The Government invited eminent scholars to compile laws about Islamic financing. The Zakat and Ushr Ordinance to Islamize the economic system was promulgated on June 20, 1980. It covered only Islamic organizations, associations and institutions. Zakat was to be deducted from bank accounts of Muslims at the rate of 2.5 percent annually above the balance of Rupees 3,000. Ushr was levied on the yield of agricultural land in cash or kind at the rate of 10 percent of the agricultural yield, annually.

The Government appointed Central, Provincial, District and Tehsil Zakat Committees to distribute Zakat funds to the needy, poor, orphans and widows. Shias were exempted from Zakat deduction from their accounts due to their own religious beliefs. The Zakat was to be deducted by banks on the first day of Ramazan.

A Federal Shariah Court was established to decide cases according to the teachings of the Holy Quran and Sunnah. Appeals against the Lower and High Courts were to be presented before the Shariah Court for hearing. Blasphemy of the Holy Prophet (S. A. W.) would now be punishable by death instead of life imprisonment.

Zia-ul-Haq selected his Majlis-i-Shoora in 1980. It was to be the Islamic Parliament and act as the Parliament of Pakistan in place of the National Assembly. Most of the members of the Shoora were intellectuals, scholars, ulema, journalists, economists and professionals belonging to different fields of life. The Shoora was to act as a board of advisors for the President.

A number of other Islamization programs were carried out including the teaching of Islamic Studies and Arabic, which were made compulsory. Pakistan Studies and Islamic Studies were made compulsorily for B. A., B. Sc., Engineering, M. B. B. S., Commerce, Law and Nursing students. For professional studies, extra marks were given to people who were Hafiz-e-Quran. The first Ombudsman was appointed to rectify the misadministration of the Federal Government, officials and agencies.

A Shariah Council consisting of ulema was established to look into the constitutional and legal matters of the State in order to bring them in line with Islamic thought. Since Islam does not allow interest, On January 1, 1980, Muhammad Zia-ul-Haq introduced a “Profit and Loss Sharing System” according to which an account holder was to share the loss and profit of the bank. The media was also targeted. Television especially was brought under the Islamization campaign, news in Arabic were to be read on both television and radio, female anchor persons were required to cover their heads, the Azan was relayed regularly on radio and television to announce time for prayers.

In the armed forces, the status of the religious teachers was raised to that of a Commissioned Officer. This was done to attract highly qualified individuals from the universities and religious institution to serve on such assignments.

As the government grew further in its Islamic leanings, the numbers of mosques were increased. Ordinance for the sanctity of Ramazan was introduced to pay reverence to the holy month of Ramazan. The Ordinance forbade public drinking and eating during the holy month of Ramazan. A three months imprisonment and a fine of Rupees 500 were imposed for violating the Ordinance. A program to ensure the regularity of prayers called the Nizam-i-Salaat was launched by General Zia himself.

Zia’s Government introduced the Hadood Ordinance for the first time in Pakistan, which meant the punishments ordained by the Holy Quran or Sunnah on the use of liquor, theft, adultery and qazf. Under this Ordinance, a culprit could be sentenced to lashing, life imprisonment and in some cases, death by stoning.

The Islamic laws of Zia also included laws for women. Zia put forward the theory of “Chadar Aur Chaar Devari” and this was to be applied to women. Thus, for the first time, a woman could be flogged for adultery. If a rape was reported, four witnesses were to be provided otherwise, legally, the rape could be termed adultery. Another law, The Law of Evidence, under the Shariah laws proposed that the testimony of a woman was not equal to that of a man. In legal matters, two women would have to stand witness against the testimony of one man. The status of women was thus arbitrarily cut in half by Zia. There was little consensus amongst Muslim authorities over this law. The lack of consensus among the re1igious authorities combined with countrywide protests forced Zia to hold back on making the Shariah law the law of the country.

General Zia-ul-Haq wanted to make Pakistan the citadel of Islam so that it could play an honorable and prominent role for the Islamic world. The steps taken by General Zia were in this direction and had a long-term impact; the Zakat tax introduced by General Zia still holds and so does many of his the other laws.

The Afghan War Settlement

In 1979, Russian forces invaded Afghanistan. Communism came to the threshold of Pakistan when forces led by Babrak Karmel overthrew the Government of Afghanistan. Some 120,000 Russian troops entered Afghanistan .The Afghan people organized a resistance force against this blatant aggression. The Soviet forces suffered greatly in terms of manpower and material, and the Afghan War proved expensive even for a world power like the Soviet Union.

It has always been said about Afghanistan that it can be invaded and occupied easily but it is very difficult to hold and control it. Afghans have a history of resisting foreign invaders. The British imperial power failed in all three attempts to occupy and control Afghanistan. The Soviets were to learn the same lesson. In the beginning, the Soviet army was successful in occupying and controlling Afghanistan.

General Zia stood against the spread of communism. He reiterated his solution to the Afghanistan crisis in 1983 in New Delhi. He said that Pakistan has given political asylum to millions of Afghans. He demanded the expulsion of Russian forces from Afghanistan. America responded to the call of Pakistan and flooded Pakistan with monetary help to finance the anti-communist regime in Afghanistan and to equip the freedom fighters. The freedom fighters, the mujahideen, put forward a strong resistance to the Russian invasion. Although the Afghans suffered enormous causalities in the beginning of the war but the turning point in the war came when the U. S. supplied them with surface-to-air Stinger missiles.

General Zia’s gamble in resisting the Russian invasion in Afghanistan paid him huge dividends. On the domestic front his policy of Islamization became more relevant as it was seen that in the neighboring Afghanistan, Islam was in danger. As Pakistan was a frontline state, huge amounts of money, military equipment and aid arrived in Pakistan. The huge amounts of aid that poured in propped up Zia’s government. With the Afghan problem, a new phase of modernization of the military began. The arms provided to Afghanistan freedom fighters were also provided to the Pakistan Army. As a result the Pakistan Army became better equipped.

Other than the problems faced due to the Afghan War efforts, the Soviet Empire was breaking apart at the seams. This led the Soviets to seek peace in Afghanistan. Negotiations on Afghanistan were carried out under Zia’s Government, and the Geneva Accord was signed on April 14, 1988, under which the Soviet Union agreed to withdraw its forces in two installments .The Soviet Government lived up to its commitment of withdrawal of forces according to the agreed timetable.

The victory in Afghanistan was achieved at a great cost to Pakistan. It had to look after and feed more than three million Afghan refugees that had crossed over to Pakistan. The refugees were a great economic burden on Pakistan. Not only this but, they also caused the problem of drugs and gunrunning in the country.

Long after the Soviet forces had left Afghanistan, fighting continued between the various factions of the mujahideen. With the emergence of the Taliban, Pakistan found itself an ally in Afghanistan that enforced peace and virtually eliminated the drug cultivation. After the September 11 tragedy of 2001, world attention again focused on Afghanistan as they considered it as training grounds of terrorists responsible for the tragedy. The Talibans were removed by power and a U. S. led coalition installed an interim government in Afghanistan, which till today keeps a fragile peace in the country. Meanwhile Pakistan continues to suffer numerous problems from the legacy of the Afghan War such as refugees, drugs, guns, crime, and terrorism.

Muhammad Khan Junejo Becomes Prime Minister [1985-88]

After the Presidential referendum of December 1984, elections for the National and Provincial Assemblies were held in February 1985 on a non-party basis. President Zia-ul-Haq nominated Muhammad Khan Junejo as the Prime Minister of Pakistan on March 20, 1985.

On being nominated, Muhammad Khan Junejo promised the nation that he would lift the Martial Law and restore a civilian government as soon as possible. Junejo’s position was weak and vulnerable under the constitutional amendments made by Zia, which made the position of the President paramount and that of the Prime Minister subordinate. Despite his weak position, Junejo, after being sworn in as the Prime Minister, carried out his promise of lifting the Martial Law and the restoration of fundamental rights, but at the price of the Eight Amendment and validating the Revival of the Constitutional Order.

Muhammad Khan Junejo introduced a five-point program in December 1985. The program was multidimensional in nature. The main objectives were to induct a new and progressive civilian order, establish institutions of social justice, introduce an egalitarian economy, increase employment opportunities, strike hard at corruption and other social evils, liberate at least 50 percent of the people from illiteracy, and to start socio-economic development of the country.

After the lifting of Martial Law, Junejo tried to take a course independent of Zia. He annoyed military generals by withdrawing big staff cars from them and replacing them with small cars. He tried to conduct an independent foreign policy, particularly on Afghanistan, by taking into confidence and consulting leaders of political parties, including Benazir Bhutto, the leader of the Pakistan Peoples Party. His government even tried to probe into the military fiasco at the Ojheri Camp near Islamabad on April 10, 1988, which resulted in the death and serious injuries to a large number of civilians. This probe perhaps became the immediate cause for the dismissal of his government.

Junejo’s regime met its sudden and unexpected end while he was returning from a visit to South Korea on May 29, 1988. General Zia dismissed Junejo’s Government using the controversial rule under Article 58(2) b of the Constitution. According to General Zia, Junejo’s Government had been dismissed because the law and order situation had broken down to an alarming extent and the government could not be run in accordance with the Constitution. Not only were the Junejo Government dismissed, but also were the Federal and Provincial Assemblies and the Provincial Cabinets and their Chief Ministers. General Zia installed a new caretaker government in the Center and Provinces. Fresh elections were promised after 90 days but were eventually held on November 16, 1988, three months after Zia’s death in a plane crash.

Although Junejo had no claim to power on his own, as Zia had appointed him Prime Minister, but his performance was commendable. With limited options, he did what was possible for him. He restored the fundamental rights of citizens under the Constitution that had been denied to them for a very long time. He tried to put the country on the course of development and some progress was made, particularly in the area of construction of roads in rural areas and the electrification of villages. He was honest, polite and had a low-key political personality, traits which are not easy to find in political leaders of today.

Historic 8th Amendment is passed [1985]

The 1973 Constitution of Pakistan envisaged a Parliamentary System of government, with the balance of power tilted towards the Prime Minister. The President could not exercise his powers without the concurrence of the Prime Minister. The Eight Constitutional Amendment, however, altered the form of the Constitution drastically. Passed by the Senate on November 14, 1985, the Eight Amendment affected almost 19 clauses of the Constitution and brought the office of the President of Pakistan almost at par with that of the Prime Minister.

The President was given the right to nominate the Prime Minister, Governors of the provinces, and Judges of the High Court and Supreme Court, including the Chief Justice. Democratically elected Prime Minister thus became subservient to the President.

Though the President was to act on the advice of the Prime Minister, he had the power to be informed about the decisions relating to the administrative affairs of the federation and proposals of legislation. The President could ask the Prime Minister to get a vote of confidence from the Assembly, issue ordinances, set dates for the elections for the National Assembly and appoint caretaker government. The President had the power of appointing service chiefs and other important federal officers. He could also call a referendum on an issue of great national importance.

However, the most controversial power awarded to the office of the President was under the Article 58(2) b, which was the power of dissolution of the National Assembly at his own discretion.

According to the proponents of this clause, post-constitutional deadlocks in the country had shown the necessity to vest authority in the President so that in case of a political crisis, the Assembly could be dissolved and new elections could be held and Martial Law could be avoided. The Article 58(2) b changed the entire complexion of the Constitution. The Constitution was transformed from a Parliamentary System into a Presidential one. This Amendment was like the proverbial Sword of Damocles for the successive governments. After the passing of Article 58(2) b, the National Assemblies were dissolved on four occasions using its powers. The dissolution of the Assembly by President Zia-ul-Haq in 1988, President Ghulam Ishaq Khan in 1990 and in 1993, and President Farooq Leghari in 1996 are subject to a lot of speculation.

Other clauses amended by the Eight Amendment dealt with the office of the Prime Minister, Senate, and Governors. Article 51 increased the number of the National Assembly seats from 200 to 207. The number of the Senate seats was increased from 63 to 87 under Article 59. The Eight Amendment also indemnified the entire President’s Orders, Ordinances, Martial Law Regulations and Martial Law Orders, including the Referendum Orders made between July 5, 1977, and September 13, 1985.

The Eighth Amendment is considered as a landmark in the constitutional history of Pakistan. It not only altered the very form of the Constitution from purely Parliamentary to semi-Presidential, but also changed the constitutional and political history of the country.