System of Government may be required for Pakistan

Pakistan must have Presidential form of Democracy as in America and it is quite clear that this Parliamentary form of democracy is totally failure also the martial laws after the constitution of 1973 is C.T. test that this Parliamentary form of democracy is badly failure and even worst system of Government and simply dragging this country and nation to big ditch. This system of Government should not prolong any more as it is not only wasting precious time of nation but declining it to drastic situation even it is generating such approach of nation which is really horrible. We as a nation is almost losing all human values, ethics and quality, we are having every worst attitude for which many nations were abolished from the face of earth by nature. We do not have national approach but just self survival at any cost. All this is horrible for not even us but for our coming generations. The best system of Government is only democracy but true democracy not the dictatorship wearing skin of democracy. The best example of democratic system of Government having closest example to initial Islamic system of Government, and it can be said that may be the idea of American System of Government by a jurist Austin may have been taken from initial Islamic system of Government. There are many basics for better system of Government but I am incorporating here the only a few basics that all the three major piers of Government i.e. the Legislative body, Executive and Judiciary must be separate from each other and every two must have check over the third to keep proper accountability on each other and keep all the three piers within limits and not to misuse their role. Also every one should be accountable and no one should have exemption. Minimum Qualification of all the portfolio holders must be according to required competence for the forum and electoral system must be introduced by having one electoral per 25000 people who also must have some minimum qualification level and then for next members of lower house and upper house of legislation body must be elected by electoral as they be having better qualification hence may play role of Shura, as in initial Islamic states the rulers were selected by Shura and not by common people. The judiciary must be superior and not custodian. Then the Government machinery must be rationalized  to its right size and over growth must be curtailed but the remunerations of Civil Servants must be rationalized and then be equated to some commodities like value of Gold, Fuel, Mutton and wheat etc. to keep it rationalized for ever after to bring the Government Servant out of corruption by compulsion. All the laws, rules and even constitution is needing to be reviewed by best impartial and competent jurists and all the defective laws must either be corrected or abolished, as the basic obstacles in justice are poor laws and partial and incompetent machinery. Accountability, justice and writ of law must first be ensured by the executive and even in civil cases the crime doers must be punished in a way that they must observe laws while making their acts. We must not have adapted parliamentary form of democracy as we did not have institution of Crown. The basic idea is that this parliamentary form of democracy has many basic flaws and those are that the executive is from within the legislative body and the judiciary is custodian and there are exemptions to many portfolios, also the voter only has criteria of age but not any education, hence either the procedure of electoral as in America has to be devised or there must be some minimum education level for to vote and it may be matriculation/Secondary level of education.

 Only indiscriminate justice ensured first by executive and then by judiciary and after all by all the citizens can ensure better society and this can only be achieved by qualitative leadership, justice and system. Where as we as a nation badly lack in all the three and it is a misery that from among all these three every two are pulling down the third to drag all to ditch thus resulting nation to go down in ditch. So to have better results we need
Good leadership which still could not appear.

Qualitative and objective justice, which does not exist in our society but the so called available justice, is of subjective nature which can only impart worst to society.
Poor system of government and all the rest as well, which definitely needs major reforms, like Right sizing of government establishment. Right person to be on right job, indiscriminate and qualitative justice at every level and by all for all and every injustice by any must be addressed and such person or forum must be held accountable without any exemption. Thus no one either an individual or any institution may ever be treated above law.

Remuneration of govt. machinery must be improved to be rational to bring govt. machinery out of corruption by compulsion and such remuneration must be equated to some commodities to seek proper value automatically in accordance with the market prices. Social security to all, to bring people out of the fear of survival along with assurance of all to the basic facilities with quality. The constitution, laws and all the rules need to be reviewed by competent people having command over the comprehensive law and having upright intention. Role of all the constitutional institutions and subordinate institutions is requiring to be reviewed. Accountability should start from top.
Only one good person who leads a country, an institution, an organization or his own house brings change and none other.

Also for any flaw in any institution, organization or establishment only the top most first be held responsible for. etc. etc. etc.

The 1973 Constitution is also defective and it's confirmatory test of failure is that. If it be perfect, then after it there can never by any army quo. Actually 1973 constitution was made by all the politicians for their interest and for the interests of their generations.
Their is nothing better than democracy and for any state there are three major piers one is Legislative body second is Executive and the third is Judiciary and for any good democratic system all these three must be separate to each other must have full powers and role but among these three every two must have check over the other third to control and not to let misuse it's role. The parliamentary form of democracy device in our Constitution of 1973 has basic flaws i. e. The Executive is from among the legislative body, so the executives influence legislature to protect their interests where as our judiciary is not superior to legislature but it has a role of custodian. So ultimately only the Executive rules without having any check over and thus ultimately misuses powers which in result brings the role of army where as army is not educated to rule. So our nation is in a state of curse and nothing is going right by having this system. In Islam i. e. Quran and Sunnah there is no any system of government device but only that Islam is the supreme law for any Islamic state but the model of state device by early Islamic states had four major features. 1. Rule of executive by one man on top but separate from legislature and judiciary 2. Shuraa the legislative body had no any role as executive thus no any member of Shuraa was placed as governor or ruler 3. The selection of ruler by Shuraa and not by common people 4. The judiciary was superior and no body had exemption before it hence the rulers had to appear as common person before the court. And for this the best form of democracy which has very close features to initial Islamic State systems is the American form of democracy, hence it is stated that the jurist Austin who gave the basic idea might have idea from initial Islamic State. Where as we took parliamentary form of democracy as per UK but it's important that UK is performing because of strong heritage and their human values also that system is working because of the institute of Crown though it may be a symbolic institute but it provides nucleus and ultimate justice that is why that system is performing some how. Where as in our country only the executive rules as rest of all lies in pockets of executive it may be any one civil or army, thus every chief executive becomes that powerful and have no any check over which results in misuse of power. Accountability is a compulsion even over executive, legislature and judiciary other wise what ever we are experiencing will go on. Also our system, corruption and other flaws have reached to point that may it can not continue. Also may be the Quaid-e-Azam did not have the parliamentary form of democracy for Pakistan otherwise he must be the first prime minister of Pakistan instead of being Governor General. There are a lot flaws in judicial norms and laws, due to which justice is restrained and technicalities are playing, where as any matter which comes before any court, it is the liability of court to provide justice and it is the duty of judge to provide justice and the ability and competence of counsel must not matter and if any judge fails to deliver justice he must also be held accountable and no one should ever be above law. So nut she'll it is felt need for change in system by changing or improving Constitution and constitutional roles and selection criteria in constitutional institutions, we need to address all the laws and review as per need, Reforms in judiciary and judicial system, right sizing of institutions and departments and firm process of placing of right persons on right job to ensure good leadership production, assurance of indiscriminate justice and formulation of better system. Also corruption means failure or decline of system to its designed deliverance. Also in qualitative norms of living observed in Europe there is a lot contribution of law of Tort and it's qualitative implementation and practice.

• There is no any democracy which does not have following
• Basic human right indiscriminate and for all.
• Indiscriminate justice.
• Indiscriminate accountability.
• No body with any exemption.
• Right of excess for all they deserve.
• Social security.
  
  And where ever these are not present there is no any democracy.
  Some times apparent democracy in fact is Kingdom but it needs to be understood.
  Any state without such democracy can never be a successful state.
  Also in kingdoms it does matter that who is ruling which we experience in Pakistan but in true democracy no body is ever above law and all have same rights which we do not have neither we have any rule of law. In weak system of governance, the powerful beasts tear apart the net of law and the weak ones like insects gets caught in and in such states only mafia in Government, Executive and Judiciary. And such countries become haven for illiterates and criminals by not having qualitative leadership, poor justice and poor system. Also justice does not mean snatched justice but it means automated justice received by every one on door steps first by executive and then by judiciary. Also objective justice is required which imparts good to society and not the subjective justice which favors the influencing people only. The society which ensures the indiscriminate justice is heaven on earth and is true sense of all the religions as per directions of Allah Almighty.
  Our society got mentally and morally corrupt. So we have only two segments in our society, one is snatcher like vouchers and other are the ones who face looting like bate. And we all keep trying to become voucher one way or other to not to be bate just like the rule of jungle.

We the muslim countries of world are in majority leaving apart Turkey or such other countries which by Grace of Allah are blessed by better leadership are in worst curse of qualitative Leadership, humanity, indiscriminate justice, system and right persons on right jobs which have almost resulted in almost corrupt societies. As corruption is not all about money but it means weakening or even failure of society to deliver well being to its incumbents. May Allah help us to have qualitative leadership to formulate better system, ensure indiscriminate justice, merit and accountability at every level, society of welfare, peace and harmony and no any one should ever be above law. We need Jehad of production of Qualitative Leadership, indiscriminate Justice, better system etc to make Muslims of world to be in lead role and dignified in world. Even blessing for all the Muslims and non Muslims as well who are not enemies of mankind. Muslims of world should lead by their character, capacity, qualities and worth fullness.

Regarding the Civil Services of Pakistan "For peanut remunerations only the services of monkeys can be had but for competent people to serve the remunerations must be logical and more than market based along with segregation and filtration to take place and all the people who are incompetent and corrupt must be thrown out to improve the set up of Civil Services in the best interest of Nation and public at large".

We wish and are praying for Pakistan to have Good and qualitative Leadership, Qualitative and indiscriminate justice at every level to be observed by people, then by executive and then by judiciary under the strong consent of Qualitative Leadership and Qualitative system to deliver are our prime need.

From

Engineer Kamran Hafeez Chohan

Advocate High Court

Owner of

Brick By Brick (BBB) Legal Consultancy & Services

Islamabad/Rawalpindi

Chairman

Manzil-e-Murad Party (MMP)

Cell # 00923009509948

Email: kamraneng@hotmail.com