Features of a Professional and Apolitical Bureaucracy

    For effective and good governance, professional and an apolitical bureaucracy is prerequisite. A professional and an apolitical bureaucracy is composed of skilled, experienced, neutral, expert, experienced and efficient individuals. In addition to this, the bureaucracy is trained to deliver excellent public service to ensure welfare of the people and to make a law and order environment in the country. Here are salient features of a professional and an apolitical bureaucracy:

• Neutrality: A professional and an apolitical bureaucracy has no political involvement and tries hard to expel political pressure. Moreover, a professional and an apolitical bureaucrat doesn’t let politics be involved in his decision making and administration working.
• Merit based recruitment: A professional and an apolitical bureaucracy is recruited through a merit based system. It has been observed that a candidate recruited on merit works on merit. It is pertinent to mention here that a bureaucrat is selected after a strict, transparent and uncompromising selection procedure. Moreover, a professional and an apolitical bureaucracy is trained in such a manner that they can ensure merit, justice, good governance and grievance redressal through administration.
• Equity: A professional and an apolitical bureaucracy ensures fairness and equity while serving the country. They ensure equal distribution of resources, maintaining law and order, and justice at the disposal of the citizen.
• Good governance: The most prominent feature of a professional and an apolitical bureaucracy is good governance. They ensure distribution of resources with the use of power in such a manner that justice would prevail for everyone irrespective of any conditionality.
• Accountability: A professional and an apolitical bureaucracy is accountable before the law and is committed to ensure accountability procedure in the state.
• Transparency: A professional and an apolitical bureaucracy works transparently so that institutes could enjoy the confidence of the people in the public offices and the government.

In a nutshell, a professional and an apolitical bureaucracy is the backbone to good governance, efficiency, accountability, transparency and smooth service delivery. Moreover, a professional and an apolitical bureaucracy is a prerequisite in the contemporary world to meet the challenges of modernization and globalization.

Separation of Powers by Montesquieu | Checks and Balances system

    Separation of Powers theory was firstly given by the French political scientist Montesquieu in his book The Spirit of the Laws. After revolution and independence from the British, the founding fathers of America included the system of separation of powers in their Constitution.

Separation of Powers: As we know, every government consists of three branches; legislative, executive and judiciary in a government. According to the theory of Separation of Powers every branch of the government is separated from other two branches and is free from their interference. It prevents the concentration of powers in one branch or the dictatorship of one branch over others. This theory provides the bases for the Checks and Balances system. 

Checks and Balances: According to the Checks and Balances system principle, every branch has power to to limit the power and influence of the other two branches This creates a balance among three branches of the government and prevents the hegemony of the one branch over the others.

How does the Checks and Balances system work in the USA?

• Congress (Legislative) can impeach the President, civil servants and the judges for their misconduct. Appointment of judges and approval of the treaties, meetings and appointments by the President require approval by the Senate. Moreover, the Congress can override a Presidential veto with 2/3rd majority.
• The President (Executive) can veto a bill and appoints supreme court judges.
• The Supreme Court (Judiciary) has the power of Judicial Review. Hence the Supreme Court has power to declare a law unconstitutional, if it contradicts the Constitution.

Conclusion: Above discussion proves the upper hand of the Congress over all the departments. This is a good thing that the public elected representatives hold power more than the other departments which is a good sign for a healthy democracy. Moreover, the separation of powers is suitable in the USA's (United States of America) Presidential system for maintaining a checks and balances system.

Political Thought of Machiavelli | The Prince

Niccolo Machiavelli was an Italian diplomat and philosopher. He worked as a civil servant and diplomat in the country. Moreover, he visited foreign countries and observed their political system. At that time, Italy was under a political crisis. To see Italy peaceful and strong like France and Britain, he wrote a book, “The Prince”. This book was advice to the new prince on how to acquire power and how to maintain it.

Talking about Human Nature, he says that in general “men are ungrateful, deceivers, fearful of danger ang greedy for gain.” Furthermore, human nature is quarrelsome, therefore a prince is needed to preserve peace.

Now, he advises the Prince on how to preserve his position and power, through Virtue. Machiavelli, pointed out the following qualities of the Virtue for his Prince;

• Fortuna: Do not rely on fortune or misfortune, but be foresighted.

• Conventional Morality: For him virtue is power and power is virtue. Therefore, he shouldn’t hesitate to use all evil means for the conservation of his power like killing, cheating, deceiving, etc.

• Nobility/Elite: The noble class always struggle to have a share in power and get united with the enemy of the Prince for their interest. Therefore, be a fox and lion at a time. Moreover, if any noble man deceits or revolts, kill him and leave none of his family members.

• Common citizen: Common people (middle and poor class) are best to be relied upon. They are honest, feared, weak and innocent. Be polite with them, don’t touch their land and women. If needed, ask the subordinates to punish. In case of revolt, crush them but in a limited way, to prevent greater violence. It is better to be feared than be loved, because love is temporary and fear is permanent.

• Neighboring States: Always prepare yourself with an equipped army. Moreover, the army should be composed of common men instead of mercenary.

        He was of opinion that religion is very beneficent for the society, because it keeps it united. Moreover, religion is very helpful for political purposes. The Prince can use religion as a tool. Machiavelli advocated for the use of mean, inhumane and coercive ways in his writing for a political system. He separated religion and ethics from politics and made it a dirty game. Moreover, he was an apostle of power politics.

British Local Government System

The UK is made up of England, Scotland, Wales and Northern Ireland. There is no single system of local government all over the UK.

England has a single tier (Unitary Authority) and two tiers (County and District councils) of local governments. London, as a capital, has unitary authority known as GLA (Great London Authority). The County is like a division in Pakistan. Each county council has multiple district councils. If the district is a city, it is called city council, and if it is a village or town, it is called borough. Some small counties and large cities are called unitary authority.

The county council and unitary authority is responsible for highways, education, planning, libraries, waste management, health, etc. Whereas, the district council is responsible for housing, parks, environment, local taxes, etc.

Wales and Scotland have unitary authority. Northern Ireland has only 11 district councils.

Each council is divided into one or more wards according to its size. The councillors are directly elected for a four year term.

Each council is funded through central government and self-generated revenue.

The current local government system in the UK is the result of continuous changes over time. The British also practised this system in her colonies. In India, the British India government introduced a local government system to nurture democracy at local level and to train people at grass-root level. It were the Britain, who trained the world that what is local government system and how it works/function under different political system and state systems. 

Local Government System of Pakistan

Local Government system is the management at local level by local representatives. It is the best tool to solve grass-root level issues. According to Article 10-A of the Constitution of Pakistan (1973), the provincial government is responsible to establish local government.

Local Government System in British India: The Panchayat system was practiced by the Waderas/Zamindars in India, which continued during Mughal rule and even during British rule in India. The Wadera’s have strongholds at local level  through Panchayat (arbitration) and this practice was helpful for the rulers to maintain law & order, administration, revenue collection and political recruitment. In India, the British introduced the local government in Madras, Punjab and Sindh in 1688, 1843 and 1849 respectively. After 1857, local representatives were appointed by the British bureaucracy. The elections were conducted on a restricted franchise, where only educated and wealthy people could cast their vote. Somehow, these restrictions were reduced gradually. Moreover, the British government used civil and military bureaucracy to sustain their hold over India.

Local Government System in Pakistan: Different acts were passed in 1947, 1950, 1953 and 1954, but failed. The civil-military bureaucracy was a colonial legacy, which hampered the smooth functioning of political activism and smooth transfer of power through elections.

Ayub Khan’s Basic Democracies: To maintain his stronghold, President Ayub Khan introduced Basic Democracies (1959). In basic democracy, Pakistan was divided among 80,000 basic democrats (local bodies). Referendum held in 1960, and 75,283 basic democrats approved the presidency of General Ayub Khan. It was an experiment by donor countries to educate democracy and self-government to the people at grass-root level

Four Tiers: 

• Union councils and town committees.

• Tehsil councils, Municipal committees and Cantonment boards.

• District councils, having 50% official and 50% unofficial members.

• Divisional Councils, having 50% official and 50% unofficial members. Supervised by Divisional Commissioner.

Causes of Failure: Real power vested in bureaucracy and provincial government.

Pakistan People’s Party (1970-75): introduced rural local government and urban local government. But the Fall of Dhaka (1971) destroyed this local government system.

Zia ul Haq’s Sindh Ordinance – 1979:

Four Tiers: 

1. Town Committee

2. Municipal Committee

3. Municipal Corporation

4. Metropolitan Corporation

Bureaucratic interference was controlled. DC (Deputy Commissioner) was controlling authority and executive head of the district. Local government was empowered with taxation, resources and administration. The Panchayat system was established to solve issues regarding women, labour, farmers and minorities.

Causes of Failure: Bureaucratic interference in elections and decision making made it difficult to run smoothly. Provincial government delayed elections and budget allocation.

Pervez Musharraf’s Local Government Ordinance, 2001:

Seven-point agenda:

1. Rebuilding the national confidence and morale.

2. Strengthening the Federation, while removing inter-provincial disharmony.

3. Reviving and ensuring investor confidence.

4. Ensuring Law and Order and dispensing speedy justice.

5. De-politicizing state institutions.

6. Devolving power to grass-root level.

7. Ensuring swift and across the board accountability. (NAB- National Accountability Bureau)

Pervez Musharraf Devolution Plan: National Reconstruction Bureau (NRB) formulated recommendations for local government and police reforms on the advice of the then president Pervez Musharraf. Here is the devolution plan, which has 5D’s model:

D: Devolution of political power

D: Decentralisation of administrative authority

D: Deconcentration of management function

D: Distribution of resources to the districts

D: Diffusion of power-authority nexus

Three Tiers: 

1. Union Council

2. Tehsil Council

3. District Council

Divisional tier was abolished. Deputy Commissioner (DC) was replaced with District Coordination Officer (DCO).

Nawaz Sharif’s Local Govt Act, 2013:

In Punjab: Punjab Local Government Act, 2013

In KPK: Khyber Pakhtunkhwa Local Government Act, 2013

In Punjab, the lowest tier is the union council having one chairman. All chairmen will be members of the District council. Whereas in KPK, a little change was made in the 1979 LGO.

Punjab Local Government Act, 2019: The PTI government suspended the local government and passed Punjab Local Government, 2019. Somehow, the judicial order restored the previous local government. The PLGA, 2019 provided party based direct election for the seat of Mayor, like England, Turkey and USA.

Punjab Local Government Act, 2022: The act provided that Metropolitan Corporation and Municipal Corporation will be established in Nine (9) big cities and Fourteen (14) growing cities respectively. Elections yet to be held.

Advantages of Local Government System:

• Local government is a nursery for democracy

• Local representatives are accountable to locals

• Better understanding of local issues

• Development of infrastructure and allocation of resources at local level

• Generates revenue from their own resources

• Job opportunities for the locals

• A sense of unity among citizens to be a part of management and politics

Karl Marx Theory of Labor and Alienation

Karl Marx (1818-1883) was a German political philosopher and economist, who critically analyzed society, politics and economics, collectively understood as Marxism. Marx believed that social interdependence and stability is an illusion, but it is the class-conflict, struggle and competition. Moreover, he said that the capitalist class (bourgeoisie) owns the means of production and exploits the laborers (proletariat).

He rejected Herbert Spencer’s notion that the laborers are naturally ‘unfit’. Moreover, he predicted that soon the labor class will take over the capitalist system through a revolution. After the revolution by the working class, there would be a class-free society where all the people will work according to their capacity and will receive sources according to their needs. Marx believed that the economic system determines the social norms, values, culture and working of social institutions in a society. 

Theory of Labor/Labor theory of value: In his book Capital (1867), he said that the value of a commodity depends on the amount of labor time involved in its production. For example, If the production of a chair takes double the time than the production of a table, then the price of the chair will be double as of the table.

Surplus Value: The difference between the product’s sale value and the expenses borne by the owner in its manufacturing i.e. raw material, labor and other expenses. Furthermore, if a worker works eight hours, he gets payment of only three or four hours, and the payment of additional hours is called surplus value, which is kept by the capitalist (business owner).

Theory of Alienation: Karl Marx in his “Economic and Philosophic Manuscripts of 1844” presented the Theory of Alienation in which he argued that in a capital society workers become estranged from their humanity. 

He identified four types of alienation;

1. From their product: Non involvement in decision making and development process.

2. From the act of production: He has to work, whether he wants to do it or not.

3. From their species-essence: Losses his actual talents and self-esteem, because his identity is only a worker.

4. From other workers: alienated from other workers due to competition.

Indian Constitution - Law Making Process

   Republic of India is a Federal Parliamentary Constitutional Republic. Current Constitution of India was ratified by the Constituent Assembly  on 26.09.1949 and enforced on 26.01.1950 which repealed the Government of India Act, 1935. It is impossible for the parliament to override it because it was created by Constitutional Assembly rather than Parliament. It is the most lengthy Constitution in the world. Nehru Report 1928 is a part of the Constitution.

    The President is the head of the state, whereas the PM is the head of the government. Moreover, the judiciary is independent.

Parliament of India consists of two chambers:

Rajya Sabha (Upper House): Term: 6 Years. Seats: 250 (238 elected by state legislatures and 12 nominated by the President).

Lok Sabha (Lower House): Term: 5 Years. Seats: 543 (India is divided into 543 constituencies).

Cabinet (Council of the Ministers) is the main executive body, which is chaired by the Prime Minister and consists of the ministers of the executive bodies.

Election of the President: The electoral college comprises the Parliament and the state assemblies.

Election of the Prime Minister: The President appoints the Prime Minister. The PM is mostly from Lok Sabha or Rajya Sabha. Moreover, he could be chosen from outside the Parliament, but he has to join either of the Houses within six months. However, the PM could be dismissed by the President or through vote of no confidence.

Law Making Process:

A money bill can only be generate in Lok Sabha. It is sent to Rajya Sabha for recommendations only, to which Lok Sabha is not bound. Then President's assent made it an act. Budget is also presented and passed in Lok Sabha.

Any non-money bill can be originated in either house. It has several stages; First Reading, Publication in the Official Gazette, Standing Committee, Second Reading, Third Reading and assent of the President. If either house sends amends the bill and the other doesn't accept this amendment, bill moves between two houses several times. This deadlock sometimes end in a joint session. Moreover, Lok Sabha has an upper hand over Rajya Sabha because of its numbers. Then it becomes act of parliament after President assent. The President can reject bill through Absolute Veto, or keep pending for an unlimited time period, or send back to the Parliament for reconsideration, to which he has to approve.

Impeachment of the President: Both of the houses can impeach President with 2/3rd majority in both of the houses.

Amendment in the Constitution of India:

An amendment bill can be originate in either house of the parliament. After 2/3rd majority in both the house it goes for Presidential assent, to which he cannot veto. Moreover, there is no joint session in case of disagreement between both the houses.

Russian Constitution & Law Making Process

After the end of the monarchy, the Communist Party upheld the reins of Russia. During the USSR, the Communist Party of the Soviet Union (CPSU) was united under the leadership of Viladimir Lenin. Under the Constitution of the USSR, Individual rights and legal laws were subordinate to the mutual interest of the society and to the ideology of Communism respectively. Moreover, CPSU was powerful enough to challenge and influence constitutional-defined state institutes, particularly the Judiciary.

The major reason behind the collapse of the USSR;

• Centralized

• Public awareness

• Role of the Communist Party

• Socio-economic crisis

• Cold war - Conflict with Capital Block (united, wealthy and powerful) 

Current Russian Constitution was ratified on 12.12.1993 and enforced on 25.12.1993. The Constitution has incorporated human rights i.e. liberty and freedom, which are universally recognised and endorsed by International law. Moreover, the independent judiciary is the custodian of the Constitution.

Russian parliament consists on two chambers:

• Upper House (Federation Council): Each provincial assembly sends two senators (170 seats), with a 5 years term. One senator is elected by the provincial assembly and the other nominated by the governor and elected with the approval of the provincial legislature. All matters concerning the provinces are subject to the approval of the Federation Council. The Russian Armed Force has to obtain approval of the Upper House for an outside fight.

• Lower House (State Duma): Russia is divided into 450 constituencies, each sending one member (deputy) for the House for a 5 year term. It is more powerful than the Upper House. The State Duma is more powerful than the Federation Council.

Law making process: A bill can be initiated by either House, or President, or the states, or the Supreme Court. Then it is reviewed in the State Duma. The State Duma appoints a committee to make necessary changes in the bill and present it in the House. If the House approves it with a majority, it moves to the Upper House, where it seeks acceptance or rejection, because, Upper House can not make changes to the bill. If the Upper House rejects it, the joint chamber meets for reconciliation. If reconciliation fails, the Lower House can pass it with a majority of 2/3rd. At the end, the President gives his assent to make it a law. If the President vetoes it, the Duma can override the veto with 2/3rd majority.

Amendment: Approval of 2/3rd, 3/4th and 2/3rd majority in the Lower House, Upper House and State Legislatures respectively.

The President is elected through direct popular voting for 6 years and renewal once. He is the head of state and Chief-in-Commander of Armed Forces, having authority to settle domestic/foreign affairs and to dissolve the State of Duma. Supreme Court Judges are appointed by the Upper House on the nomination of the President. Thus, the Russian President is the most powerful president in the world.

Impeachment: The President could be impeached with 2/3d majority in both of the Houses.

The Prime Minister is head of the government (executive). He is appointed by the President with the consent of the State Duma, for an unspecified period at the discretion of the President. However, the President can dismiss him.

Cabinet (Government of Russia): The PM along with the deputy PM and the Federal Ministers executes the administrative affairs. The Government of Russia is also responsible for preparing a budget proposal for submission to the State Duma, protection of human rights, implementation of domestic and foreign policy.

Note: The above article is set according to the demand and requirements of the Competitive Examination in Pakistan i.e. CSS & PMS. This topic is most frequent and repeated past papers of the Constitutional Law of the CSS Competitive Exam in Pakistan;

The Constitution of USSR 1936 is characterized by democratic centralism. Critically analyze the relevant provisions of the Constitution paving the way to the said assumption. (2022)

Discuss the mechanism of enforcement of fundamental rights under the Russian Constitution. (2021)

How is Modern Russia and its constitutional structure different from the USSR’ constitutional structure? Draw a comparative analysis with cogent reasons. (2020)

What is the difference between the procedures of constitutional amendment in the Russian as well as American Constitutions? (2019)

Q. No. 7. What are the powers of the Russian President in the light of Article-83 of the Russian Constitution? (2019)

Make a comparative analysis of the salient features of the Constitution of the former Soviet Union and present day Russian Federation. (2018)

‘The Russian Federation is a Federation with a highly centralized administration.’ Discuss. (2017)

Short Note: Enforcement of Human Rights in the Russian Constitution (2016)

In Spite of the fact that the Russian Constitution provides a long list of rights, the Western observers allege that in fact there is little respect for human rights in the USSR. Comment. (2015)

Make a comparative analysis of the salient features of the Constitutions of the former Soviet Union and the present day Russian Federation. (2014)

Discuss the structure of the Supreme Court of the Russian Federation. (2013)

18th Amendment to the Constitution of the Pakistan

8^th amendment (1985): by President Zia-ul-Haq, which allowed the president to unilaterally dissolve NA (National Assembly). Parliamentary democratic system was replaced by semi-presidential system. Sub-section 2(b) under Article 58 was added to dissolve NA.

13^th Amendment (1997): removed Article 58(2)(b) of the Constitution by Nawaz Sharif government.

17^th Amendment (2003): President Pervez Musharraf reversed the 13th amendment with some addition like; president can dissolve NA and governor can dissolve provincial assembly but subject to an approval/veto by Supreme Court of Pakistan.

18^th Amendment (2010): passed by NA on 08-04-2010, by senate on 15-04-2010 and finally by president Asif Ali Zardari on 19th April 2010.

Constitution of Pakistan after 18^th Amendment:

·        17th amendment was reversed, which removed the powers of president to dissolve the parliament.

·        Provinces became more autonomous.

·        NFC (National Finance Award) was restructured.

·        LFO (Legal Framework Order) by president Musharraf was repealed.

·        Name of Zia ul Haq & Pervez Musharraf was removed from the Constitution.

·        Pakistan became parliamentary democratic republic.

·        Name of NWFP was changed to KPK (Khyber Pakhtunkhwa).

·        Ban on 3rd time election of PM and CM was lifted.

·        Suspension of Constitution became a high treason.

·   Council of Common Interests (CCI) established to resolve power-sharing disputes among federal and provinces.

·    A parliamentary commission will appoint the superior judges on the recommendations of the judiciary commission.

·  Appointment of Chief Election Commissioner through consensus between treasury and opposition.

·      Establishment of Islamabad high court and high court benches in Mingora and Turbat.

·      Free compulsory education up to the age 16. (Article 25A)

 

This amendment increased provincial autonomy and devolved power to provincial as well as to local government.

president cannot declare emergency in provinces without consent of provinces.

Supreme Court will adjudicate in case of conflict between federation and provinces.

34% of the constitution was changed by adding 102 articles.

Some of ministries were abolished at federal level and many of them were devolved to provincial level.

Right to a fair trial (Article 10A) and right to information (Article 19A) was added.

Transferred greater administrative and fiscal authority to the provinces, but also gave more powers to parliament. 

7th National Finance Commission (NFC) Award (2010): allocated 82.98% of financial grants to provinces.

Punjab:       ~51.75%

Sindh:         ~24.50%

KPK:          ~14.50%

Baluchistan: ~9.25%

 

Critical Analysis (Causes / Remedies / Advantages & Disadvantages / Pros & Cons):

Two points from 14^th points of Jinnah:

·        The form of the future constitution should be federal, with the residuary powers vested in the provinces.

·        All provinces must be given equal Autonomy.

An important point from Pakistan Resolution:

          ·        Pakistan shall be a federation and its constituent units will be autonomous.

After creation of Pakistan, denial of autonomy resulted in the six points demand of Sheikh Mujib and consequently the fall of Dhaka (1971).

Agriculture land tax is under provincial governments. Elite class being the kingmaker influence provincial government and thus a very large agriculture area is exempted from tax net.

Weakened the center and empowered the provinces administratively and financially to such an extent that resulted in bad governance and national financial crisis respectively. It created dictatorship of some political parties in their respective provinces, like PPP in Sindh.

Incumbent government could not dictate provincial government because each province is rules by another political party from opposition.

It secured provincial autonomy but failed to secure local government system.

Provincial governments delay in elections and allocation of resources at local government. If local government is not allowed to work properly, political process will be hijacked by provincial governments and true democratic system at grass-root level will not be exercised.

Provincial autonomy strengthened the state through inter-provincial harmony.

An independent Audit Commission should be made to monitor and improve the allocation of resources by Federal and Provincial.

Local government must be empowered for the exercise of democratic values at grass root level. For this, timely elections as well as allocation of resources at local level is essential.

NFC Award must allocate funds to local government system, if provincial governments hesitate to do so.