Daily Times

A caretaker Prime Minister has to be appointed in accordance with Articles 224(1A) and 224(A) of the Constitution. So far there seems to be no consensus on the name and ultimately the issue has to be resolved by the President in consultation with the Election Commission of Pakistan. This time around another Mir Hazar Khan Khoso is not going to cut it. What the country needs right now is a truly impartial figure of towering integrity who is not cowered down by threats, intimidation and blackmail of any kind. He or she needs to be someone who is ready to lay down the law and put their foot down where necessary. Remember the only eligibility requirement for a caretaker Prime Minister is that he or she or his or her family members are not allowed to contest the elections he or she is presiding over. Unlike the elected Prime Minister who has to be a Muslim, a caretaker Prime Minister can be any citizen of Pakistan no matter what his or her religion or background. Given that some of our finest and most selfless citizens are minorities, perhaps it would be the right time to set a good precedent and appoint a Non-Muslim Pakistani as the Prime Minister.

Regardless of who becomes the caretaker Prime Minister, it is easy to see the many challenges that are looming large on the horizon. These elections are already subject to pre-poll rigging of a most sinister kind. What happened in Sialkot with the Ahmadi place of worship is only the beginning. Extremist Barelvi groups are going into these elections with an emotive slogan. Obviously they are not likely to win any real support but would rather be capitalised upon by right-of-centre mainstream parties like PTI and PMLN. It is therefore not surprising that it was a PTI member who led the mob that razed the Ahmadi place of worship. Nor was it surprising that Captain Safdar forwarded the resolution in the National Assembly to rename Quaid-e-Azam University’s Physics Department, which turned out to be an elaborate hoax. The caretaker Prime Minister has to lead the country over the next 60 odd days in a truly impartial manner and ensure that these forces are kept at bay. To do this the caretaker Prime Minister, who would have no political stake of his or her own, should be ready to go to any lengths to establish the writ of the state so that the elections that are held are truly free and fair. Indeed that should be his or her only consideration. He or she should ensure that theology and emotive religious slogans are not allowed to become election issues.

Pakistan’s principal contradiction has always been that its unelected institutions are entrenched and too strong to allow elected institutions and civilian leaders to do their job

During this electoral period there are likely to be a number of internal and external provocations. Let us consider the external ones first. Reeling from a loss at the hands of progressive forces in Karnataka, Modi government is likely to be the main cause of external provocation on our borders and along the line of control. A weak caretaker PM will mean an invitation to Modi to use this as a means to appease his own Hindu nationalist base. Any wrong moves there could lead to terrific disaster. Modi represents an ancient millennial ambition of the forces of Hindu exceptionalism, not just Indian exceptionalism. As he looks towards 2019 elections in India, he is not going to miss any opportunity to thump his broad chest by giving us a bloody nose. Hawks within the US administration are also going to return to pressing the country on issues relating Afghanistan. Therefore, the caretaker Prime Minister should be someone who understands both India and the US well and who can speak to them in their language, politely but firmly, as a patriot as well as someone who genuinely wants peace. The person should be incorruptible and thoroughly independent- someone who has neither sought favours from anyone and has never been in a position to grant favours. As we pass the constitutional amendment for FATA merger, there will be more provocations from Afghanistan that refuses to accept the Durand Line as the international border.

There will be several internal provocations as well. Pakistan’s principal contradiction has always been that its unelected institutions are entrenched and too strong to allow elected institutions and civilian leaders to do their job. The caretaker Cabinet is likely to be routinely harassed by an overreaching superior judiciary, given that the caretaker Cabinet would not even enjoy the mandate of the people. Therefore, at the very least the caretaker Prime Minister should be someone who is well advised on matters relating to his or her constitutional authority. He or she shall have to reckon with a Chief Justice of Pakistan, who whatever our criticisms of him, is a constitutional scholar in his own right.

In order to ensure that the executive does not lose valuable ground before the elections are over and the country does not slide down the path of a judiciary-led controlled democracy, the caretaker PM would have to engage in a battle of wits. Meanwhile, new crises are brewing in the country regarding accusations of ghaddar being traded, with an ex-ISI chief co-authoring a book with an ex-RAW chief. This, along with the sectarian and religious quagmire we find ourselves in, the elections might turn out to be the bloodiest in our history. The caretaker PM has to be, to use Imran Khan’s terminology, a neutral umpire who has to ensure that no one steps out of line.

Pakistan’s future lies only in unstinted democracy and this is what makes the brief role of this particular caretaker PM so crucial for the country. Unfortunately, none of the names presented by any side seem to inspire confidence. Let us hope the parties concerned can do the right thing and appoint the right person for the job.

The writer is a practicing lawyer and a Visiting Fellow at Harvard Law School in Cambridge MA, USA. He blogs at http://globallegalforum.blogspot.com, twitter @therealylh

Published in Daily Times, May 28^th 2018.