THE formation of the Council for Defence and National Security CDNS) by President Farooq Ahmed Khan Leghari on January 6 has shaken the body politic of the country. In short, it has formalised the role of the armed forces in the regular functioning of the civilian government. The role of the military in decision making, hitherto invisible and discreet, has been brought out into the open and given a constitutional cover. The formation of the 10-member council has far-reaching implications. Headed by the president, other members are the prime minister, chairman, joint chiefs of staff committee, the three services chiefs, and the foreign, defence, interior and finance ministers. Its apparent job is to give "mature advice" to the government on vital affairs, including proclamation of emergency. But the CDNS can advise the government on many crucial matters, including determination of national strategy and fix-ation of priority in terms of overall national security; formulation of defence policy; coordination of defence policies with external and domestic policies; definition of the task of armed forces of Pakistan; economic and financial policies affecting defence and national security; and recommendations relating to internal security, proclamation of emergency and any other matter of national importance referred to it.
The council, which completely transforms the whole political system in Pakistan, was formed merely through an executive order.
Since there is no elected government—elections are slated for February 3—-after the dissolution of assemblies on November 5, Parliament's involvement was nil. The kind of participation allowed to the armed forces in government affairs immediately prompted many to call it a civilian martial law. Given the domination of the military in determining the course of events, the council would virtually assume a supreme position. The idea of such a forum was previously conceived by General Zia-ul-Haq, who called it a National Security Council. But even the 1985 National Assembly, born out of non-party elections, did not accept it and Zia had to eventually abandon it.
But as soon as Leghari took the decision, almost every political party—-except the PML (Nawaz)—reacted strongly against it. Nawaz Sharif's party, in an act of desperation in order to return to power, accorded hasty but contradictory approval to the council. However, there were hints of a split on the issue within the party, with Sharif refusing to face the press even two days after the setting up of the council.
For her part, Benazir Bhutto termed the order "unconstitutional" and accused Leghari of dragging the armed forces into politics. She warned that the president could use this new medium to impose some sort of emergency in the country to assume greater powers, suspend fundamental rights and set up summary courts to carry out his witch-hunt against her PPP.
Some provincial parties blasted the council when the Senate took up the issue for debate. The Jamaat-e-Islami's Qazi Hussain Ahmed contended that the president has no constitutional powers to justify this action. Which president or prime minister would have the courage to stand up against any 'advice' given by the military, he wondered. Tehreek-e-Insaaf chief Imran Khan said such a body, which is permanent in nature, cannot be established without the approval of Parliament. And even the former army chief, General Mirza Aslam Beg, who often meddled in government affairs, said it was hard to believe that the CDNS would function merely as an advisory body, more so when the logic for its creation is that it should ensure continuity during emergencies.
Support for the critics also came from former law minister Fakhrud-din G. Ibrahim, who resigned from the caretaker cabinet after differences with Leghari: "The president and the caretakers have found a new way. They have amended the Rules of Business since they could not amend the Constitution." In the words of human rights activist Asma Jehangir, it was a slap in the face of democracy. "If Zia is remembered for the Eighth Amendment, Leghari will be remembered for the equally appalling CDNS." The development has drawn both criticism and scepticism countrywide, from political circles, the print media and the public at large. It smacks of a larger game-plan in which either the president has tried to re-establish his dwindling authority by using the military or the armed forces have sought a way to replace Leghari's faltering caretaker set-up. Another view is that the army has joined the council to help carry out 'ruthless accountability' through a speedy process. While political parties may decide to unite against the presidential move, it is still not certain whether elections will be held on schedule. The first meeting of the council on January 8 did not result in any emergency measures as was being widely feared but the general situation of the country, especially with regard to elections, was said to have been discussed—a function normally performed by the government. And in the process, Pakistan's hesitant return to democracy continues to be hindered.
