Regime of M artial law

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Introduction to history
All of the first we must know what martial law really is. Martial law is the imposition of
direct military control of normal civilian functions by a government, especially in response to
a temporary emergency such as invasion or major disaster, or in an occupied territory. Martial
law can also be used by governments to enforce their rule over the public. Martial law has
also been imposed during conflicts, and in cases of occupations, where the absence of any
other civil government provides for an unstable population. Typically, the imposition of
martial law accompanies curfews; the suspension of civil law, civil rights, and habeas corpus;
and the application or extension of military law or military justice to civilians. Civilians
defying martial law may be subjected to military tribunal (court-martial).Military coups in
Pakistan began in 1958 and there have been three successful attempts. There have also been
numerous unsuccessful attempts since 1951. Since its creation in 1947, Pakistan has spent
several decades under military rule (1958 – 1971, 1977 – 1988, 1999– 2008).

Overview of martial laws

1. First Martial Law (1958):

After Governor General Ghulam Muhammad was compelled to go on a two-month leave to
the United Kingdom, Major General Iskander Mirza entered the office of the Governor
General on August 7, 1955. President Iskander Mirza could not develop proper working
relations with all the coming premiers. Muhammad Ali Bogra (April 17, 1953 to August 11,
1955) was the first prime minister under Mirza but he soon resigned and was replaced by
Chaudhry Muhammad Ali (August 11, 1955 to September 12, 1956), Hussain Shaheed
Suhrawardy (September 12, 1956 to October 18, 1957), I. I.Chundrigar (October, 18, 1957 to
December 16, 1957) and Malik Feroze Khan Noon (December 18, 1957 to October 7, 1958).
During Mirza's rule, the new Constitution was approved by the Constituent Assembly on
February 29, 1956, and was promulgated on March 23, 1956. The Constitution was based on
the Objectives Resolution, which was adopted on March 12, 1949. This constitution
proclaimed the Dominion of Pakistan as Islamic Republic of Pakistan and Iskander Mirza
was sworn in as its first president. Then came the fateful day of October 7, 1958 when
Iskander Mirza proclaimed martial law throughout the country and appointed the Army
Chief, General Muhammad Ayub Khan, as Chief Martial Law Administrator. The
constitution was abrogated, central and provincial governments were dismissed, National and
provincial assemblies stood dissolved, and all political parties were abolished. Next day, the
president appointed an Advisory Council, consisting of secretary-general and seven
secretaries of ministries. However, on October 10, the president promulgated an Order stating
that notwithstanding abrogation of 1956 Constitution, Pakistan shall be governed as nearly as
may be in accordance with the late Constitution.
On October 24, 1958, President Mirza constituted a 12-man Central Cabinet, including
General Azam Khan, Zulfikar Ali Bhutto and Manzoor Qadir. General Ayub Khan was
appointed prime minster. Iskander Mirza relinquished his office of president on October 27,
1958, and handed over all powers to CMLA Ayub Khan, who promulgated the Presidential
Cabinet Order next day according to which the Cabinet would have no prime minister and it
would work directly under the president.
Exactly one year after taking power (October 27, 1959), General Ayub became Field Marshal
and promulgated Basic Democracies Order, providing for constitution of Basic Democratic
institutions ranging from the Union Councils to Provincial Development Advisory Councils.
He held the elections for Basic Democracy Units on January 2, 1960, electing their 80,000
members by adult franchise. These BD members went to the polls on January 14, to express,
through secret ballot, their confidence or lack of it, in President Ayub Khan.
Ayub Khan was sworn in as elected President on February 17, 1960. On June 8, 1962, he
announced to lift martial law after nearly four years, and also took oath of the office of the
President under the new Constitution, enacted by him on March 1, 1962, providing
presidential form of government. On January 2, 1965, he was re-elected president in
presidential election against MS Fatima Jinnah, sister of Father of the Nation, Quaid-i-Azam
Mohammad Ali Jinnah, and a candidate of Combined Opposition Parties. However, the COP
had refused to accept the election results.
Declaration of martial law in 1958 was solely due to unpleasant and uncertain situation as
well as political instability because of fast political manoeuvres and changes that took place
in the country.

2. Second Martial Law (1969):

The second instance was when Army Chief, General Agha Muhammad Yahya Khan,
declared Martial Law, dissolved the Assemblies and assumed the office of the President after
Ayub Khan stepped down as President on 25th March, 1969, and handed over powers to him.
On 3rd April, he formed a three-member Council of Administration with himself as its
Chairman, and next day issued Provisional Constitution Order, providing basis for
governance of country. On 8th April, he ordered that Martial Law Administrators of East and
West Pakistan will also perform duties of the Governors.
Mr Zulfikar Ali Bhutto, Chairman Pakistan People's Party took over as President and the first
civilian Chief Martial Law Administrator on 20th December, 1971, when General Yayha
Khan handed over powers to him. General Muhammad Zia-ul-Haq overthrew Z.A. Bhutto in
a bloodless coup d'état on July 5, 1977, following widespread civil disorder and imposed
Martial Law in its totality.
Constitution was partially suspended, political activities banned, four-man Military Council
formed and High Court Judges made acting Provincial Governors. President Zia-ul-Haq, US
Ambassador and a very large number of high-ranking army officers were killed in a plane
crash near Bahawalpur on 17th August, 1988.
3. Third Martial Law (1977):

The army staged third coup when General Ziaul Haq overthrew the Bhutto government and
took over as CMLA on July 5, 1977. The federal and provincial governments were dismissed;
political parties were banned; National and provincial assemblies were dissolved; the
constitution was put in abeyance; civil courts continued to function as usual but fundamental
rights were suspended. On July 15, 1977, Justice Mushtaq Hussein of the Lahore High Court
was appointed chairman of a committee to formulate election procedures and laws. Two days
later, Justice Mushtaq Hussein also took over as the Chief Election Commissioner and
announced that elections would be held in the first fortnight of October 1977 under the
supervision of the armed forces and the judiciary. October 18 was fixed for the general
elections and nomination papers were invited between August 7 and 18, 1977.
On September 21, 1977, General Zia issued a 15-point code of ethics to regulate the election
campaign which started from September 18. The code prohibited all actions and deeds,
including words, symbolic representations, which were likely to prejudice the solidarity of
Pakistan and its Islamic foundations. On October 1, the elections were postponed indefinitely.
On November 10, 1977 the Supreme Court unanimously validated the imposition of martial
law, under the doctrine of necessity.
In its judgement dismissing Begum Nusrat Bhutto's petition challenging detention under
martial law of former Prime Minister Z.A. Bhutto and 10 others, the nine-member court
headed by Chief Justice Anwarul Haq observed that after massive rigging of elections
followed by complete breakdown of law and order situation bringing the country on the brink
of disaster, the imposition of martial law had become inevitable. Zia's martial law came to an
end on December 30, 1985.

4. 1999 Coup:

Pakistan came under military rule again on October 12, 1999, when General Pervez
Musharraf seized power in a bloodless coup and dissolved elected government of Nawaz
Sharif. However, no Martial law was imposed. As announced by him on July 11, 2002,
general elections were held on October 10, 2002. But before the elections, a referendum was
held on April 30, 2002 for him to be elected as the president for another five years. On
November 3, 2007, he declared the state of emergency in the country which is claimed to be
equivalent to the state of martial law as the constitution was suspended. On November 12,
2007, Musharraf issued some amendments to the Military Act, which gave the armed forces
some additional powers. Pervez Musharraf, who ruled Pakistan as Chief Executive from
1999-2002 and as president from 2001-08, resigned on August18, 2008 in the face of
impeachment. Mir Zafarullah Khan Jamali, Chaudhry Shujaat Hussain and Shaukat Aziz
served as elected prime ministers during his era.
Politics in Pakistan has been tarnished by corruption, inefficiency, domestic political
upheavals and wrong policies of the ruling elite; and alternating periods of civilian and
military rule have, so far, not been able to establish stability. Due to their unrealistic policies,
supplemented by anti-Pakistan elements, we could not maintain its integrity and their actions
resulted into the unfortunate break-up of the hard-earned country in 1971.

Important reforms of major era’s

From 1947 to till date Pakistan have been faced 3 eras in which the reforms of local
governance experimented that three major models of reforms was in 1962, 1979 and 2001.
The regimes was of Field Marshal Ayub Khan (1958-59), General Zia-ul-Haq (1977-88) and
General Pervaiz Musharaf (1999-2007).

After Independence to Ayub’s Era:

Before Ayub , there was low GDP rate and there was low Local Service delivery and it was
increased Centralization. Local Body System was experimented after Ayub’s martial Law of
1958. Two ordinances were given by Ayub for local body. One of them is Basic Democracies
Ordinance 1959, for ruling rural areas and another one is The Municipalities Ordinance 1960,
for ruling urban areas. This system given the 4 tier system lower was Union level and higher
was having some elected and some nominated authorities as chairman. It was similar like
British system, and was controlled by Controlling Authorities like bureaucracy. (DC,
Commissioners and govt. of different tiers). There were continuities between Ayub’s
management of urban and local level. Like British, Ayub given huge funds to local
governance through local level members because he was having big support from such areas.
Program design and implementations was duty of local members.

The Era of Zia-ul-Haq:

Martial law imposed by General Zia–ul-Haq during his early time period, which was 1977 to
1985 and political centralization was achieved. Army created new class of politicians at local
level for dividing and ruling on them. That new class was known as competing class. Zia
started Local Bodies by giving Local Governance Ordinance 1979. District council was given
authorities to govern only rural areas. On that time period Zia started urbanization. Those.
elections were non-party bases election. After making govt. due to this reason of nonparty
election, great tension arose in between provincial and local government. Which cause the
suspension of local bodies from 1993 to 1998.
 Regime of Pervaiz Musharaf:
After imposing martial law, Musharaf got control of Govt. of Pakistan. He has given different
good plan, one of them was a Devolution Plan 2000 and it was devolution of powers.
National .Reconstruction bureau was responsible for designing the plan. On august 14th,
2001, Local governance ordinance delivered to all four provinces. The new local governance
was three tier system such as district council (dist. Govt., city dist. Govt. zila council), tehsil
council (tehsil municipal administration, town municipal administration, town council
administration), and at village level union or union council. The head of tehsil was Tehsil
nazim and Assistant Commissioner reports him. Similar like tehsil, in district level District
nazim act as head of district and DCO assist him in all official matters. This system allowed
public to participate in decision making.

Economical assessment difference:

Ayub Khan’s Regime Zia-ul-Haq’s Regime Musharaf’s Regime

In Ayub’s era the increase in In Zia Era the increase in GDP Rapid growth measured. 3rd
growth rate was measured 6.27% episode of aid Better
GDP growth was measured
per annum. governance.
6.50% on average, 2nd aid episode. Devolution plans. Privatizations.
1st aid episode, Public sector enhanced its Many other infrastructural and
Resources utilization, operations. developmental achievements.
Investments in water and Good growth. Improved
power sector, agriculture. Decline in
quality of governance.
Green revolutions, Islamization.
Better quality of services.
Consequences:
Successive martial law regimes have deeply influenced society in Pakistan politically,
socially and economically. Here, we would like, very briefly, to assess the procedure and the
impact of martial law on society. The first task of this regime is to change the structure of the
state by abolishing all democratic institutions and implementing its own political system
which grants extensive powers to its head. For example, Ayub Khan introduced 'Basic
Democracies,' Yahya, after abrogating the Constitution of 1962, the Legal Framework Order,
Zia and Musharraf both distorted the Constitution of '73 by adding a number of amendments.
Their legacy continued in spite of the restoration of democracy. As both Zulfikar Ali Bhutto
and Nawaz Sharif were the product of martial law we find its tendencies in their political
careers. Frequent martial law has also changed the political culture of society. The political
parties are now dominated by dynastic rule leaving no space for the talented in the middle
class to play any role.

There is little tolerance for opposition and violence becomes a routine way to handle rival
groups. Whenever democracy returns after martial law, it carries the latter's despotic
traditions. At a certain stage, a military regime needs some legitimacy. To fulfil this
requirement, it seeks help from some politicians and forms its own political party. Ayub
Khan organised the Convention Muslim League while Musharraf relied on Muslim League-
Q. Zia sought the support of religious parties but did not form his own party, opting instead
for party-less elections. It is customary for military regimes to use religion to win the support
of the people. Ayub Khan, to counter the fundamentalist religious parties, supported the idea
of Progressive Islam, and set up the Institute of Islamic Studies under the leadership of Dr
Fazlur Rahman and encouraged Ghulam Ahmad Parvez to refute the propaganda of Islamic
extremists. Zia, on the other hand, fully supported the orthodox ulema and religious parties
and launched the process of Islamisation of society. Musharraf raised the slogan of
'Enlightened moderation' and patronised the concept of progressive Islam. All these attempts
to reform society were made without the participation of the people. While Zia's Islamisation
left a lasting impact, the policy of promoting 'progressive' Islam ended without leaving any
significant mark. As a military dictator assumes absolute power, a culture of flattery
flourishes and becomes the only way to succeed. As there is no tolerance for opposition,
dissidents are tortured, imprisoned or exiled. Military regimes are afraid of political activists
and use intelligence agencies for the surveillance of their opponents. Students, who are
politically conscious, are not allowed to form unions in educational institutions or take part in
politics. The same happens in the case of workers, whose trade unions are banned in the name
of national interest. Once political activities are banned, a political party either withdraws
from active politics or goes underground. In both cases it loses contact with the people.
Subsequently, people become depoliticised and take no interest in the country's affairs which
makes political life stagnant. After the restoration of democracy, the old leadership re-
emerges with outdated political ideas giving no chance to the new generation to play its role.
Refrences
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