In parliamentary and presidential democracies, the system is based on in built checks and balances, strict regulatory oversight, with limits placed on discretionary powers of elected executive, which are to be exercised within ambit of laws without compromising legitimate rights of any citizen. The whole system is created to establish justice, insure domestic tranquility, appointments on merit, provide security and common defense, promote general welfare and security for all citizens individual liberty, invest in human resources for the sake of posterity and establish writ of constitution, without any discrimination, fear or favor.
Separation of powers is a fundamental principle to prevent tyrannous concentration of power in any one branch, so as to check and restrain government, in order to protect rights and liberties of citizens. The constitution creates three branches, legislative, executive and judicial, which although independent as far as their defined roles are concerned, are subjected to checks and balances. The judicial power vests in Supreme Court and other branches of judiciary, while SC can declare a law enacted by legislature unconstitutional, for it alone has powers to interpret the constitution.
Importance of independent regulatory controls in a democracy should be gauged from decision of SC of USA in 1935 to declare invalid removal of a member of Federal Trade Commission, an independent regulatory agency. Analysts have attributed the 2008 economic crisis in USA to relaxation of strict regulatory controls of financial institutions by President Bush.
In Pakistan, the gross abuse of discretionary powers by executive to appoint individuals who are either unqualified, lack moral or professional integrity, and with visible conflicts of interest to senior executive positions in regulatory agencies, such as OGRA, CAA, SECP, FBR, ECC, NEPRA, PEPRA, HEC, FDA, Auditor General, State Bank, NAB etc with disastrous consequences for our economy, state exchequer, collapse of health, education, security and energy sector. While those who seek elected office are not required to have any specific academic qualification, but they are definitely required to select best qualified talent available within the country when exercising their executive authority to appoint individuals to important state owned commercial organizations and regulatory agencies which are supposed to ensure rule of law and protection of collective welfare of people.
MALIK TARIQ ALI,
Lahore, January 31.