Behind the scenes in Islamabad

• What are the legal implications of Pervez Musharraf’s re-election on October 6? Will he have to be re-elected by the next assemblies as well?

He is seeking re-election from the current assemblies since his political supporters, PML(Q) 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: “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.”

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.

• What is the composition of Pakistan’s electoral college?

Like in India, Pakistan’s electoral college has members of the upper and lower Houses of Parliament as well as those from provincial assemblies. “Under Section 41(3) of the Constitution, Pakistan’s Electoral College consists of members of both houses of Parliament (National Assembly and Senate) and also members of the provincial assemblies,” says Malik. But there’s a catch, he notes. Pakistan has four provincial assemblies, but the word ‘four’ is not mentioned in this provision of the Constitution. “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 ‘original intent’ is used, the mention of ‘provincial assemblies’ in Article 41(3) should be taken as all ‘four’ provincial assemblies. This is what a large majority of the legal community believes to be the right position.”

... contd.