Behind the scenes in Islamabad

He is seeking re-election from the current assemblies since his political supporters, PMLQ and MQM and so on, are in a position to elect him without much trouble. Says Taimur Malik, a practising barrister and executive director of the think tank, Research Society of International Law, Pakistan: 8220;There is no clear provision in the Constitution of Pakistan or other laws which expressly prohibit a president from seeking re-election from an assembly which is breathing its last. However, legal and constitutional experts are arguing that this eventuality could not have been intended by the drafting committee of the Constitution. Moreover, once he is elected president by the present assemblies, he is under no legal obligation to seek re-election or even a vote of confidence from the new assemblies. Furthermore, it may be difficult to challenge the legality of his election once he has been elected.8221;

Talat Masood, a retired lieutenant general of the Pakistan army, feels that if Musharraf gets elected from the current assemblies, people will be forced to believe that the elections were rigged. He has, says Masood, an election commissioner of choice, the entire administrative machinery well-oiled to suit his needs, and above all, being president, it is unbecoming for him to have political affiliations. He is virtually the man calling the shots in the PMLQ.

8226; What is the composition of Pakistan8217;s electoral college?

Like in India, Pakistan8217;s electoral college has members of the upper and lower Houses of Parliament as well as those from provincial assemblies. 8220;Under Section 413 of the Constitution, Pakistan8217;s Electoral College consists of members of both houses of Parliament National Assembly and Senate and also members of the provincial assemblies,8221; says Malik. But there8217;s a catch, he notes. Pakistan has four provincial assemblies, but the word 8216;four8217; is not mentioned in this provision of the Constitution. 8220;According to the government, even if the opposition parties successfully dissolve the NWFP provincial assembly in the current scenario, this would have no impact on the presidential election. However, if the doctrine of 8216;original intent8217; is used, the mention of 8216;provincial assemblies8217; in Article 413 should be taken as all 8216;four8217; provincial assemblies. This is what a large majority of the legal community believes to be the right position.8221;

8226; What are the implications of Article 63? How does it affect Musharraf8217;s re-election? How is it connected to his decision to give up the post of chief of army staff?

According to Malik, Article 412 states that a person shall not be qualified for election as president unless he is qualified to be elected as member of the National Assembly. In this respect, Article 631d states that a person cannot be qualified for election as a member of the Parliament if he 8216;holds an office of profit in the service of Pakistan8217;.

As for charges that by still holding the office of Chief of Army Staff COAS, President General Musharraf is disqualified from contesting the election to the office of the president, the Election Commission in a recent move amended the Presidential Election Rules. 8220;The amendment effectively curtails the powers of the returning officer for the election as he can no longer conduct a summary inquiry or reject any nomination papers if the candidate is subject to disqualification from being elected as, or from being, a member of the Parliament as provided in Article 63 of the Constitution,8221; says Malik.

8226; What are the unilateral powers other than those under the aid and advice of the council of ministers of the president of Pakistan?

One of the most contentious unilateral powers of the president is the authority to dissolve the National Assembly at his discretion. 8220;Under Article 582b of the Constitution, the president can dislodge the lower house of Parliament. This power was added to the Constitution by President Zia-ul-Haq and resulted in the dissolution of many governments. Prime Minister Nawaz Sharif removed this provision during his second tenure. However, it was re-inserted by Chief Executive General Pervez Musharraf through the Legal Framework Order of 2002,8221; says Malik adds.

The removal of this power from the Constitution was one of the demands Benazir Bhutto made for a power-sharing arrangement with Musharraf. It will become clear in the next few days if President Musharraf will agree to this amendment along with doffing his uniform or not.

The other powers which rest with the president, says Malik, are that he/she can grant pardon and suspend or commute any sentence passed by any court, tribunal or other authority. He/she also has the power to appoint the chief justice of Pakistan under Article 177 of the Constitution. Also, the president can promulgate ordinances under Article 89 of the Constitution. This essentially means that he/she can perform a lawmaking rule instead of the Parliament. This power has been extensively used and probably more ordinances have been passed during Musharraf8217;s tenure than Acts of Parliament.

8226; The president is the chairman of the National Security Council NSC. What does this mean?

According to Masood, the role of the chairman of NSC is to perpetuate the hold of the military in Pakistan: 8220;The chairman of NSC aims to have a body which oversees Parliament, sort of a supra-Constitutional body which has overriding influence over decisions of Parliament and the government. He/she doesn8217;t have such legal powers, but an aura arising out of the way the NSC is constituted. NSC chairperson aims at having the armed forces involved in Pakistan8217;s power structure in such a way that they can exercise their power and influence continuously.8221;