chapter 1 POLITICAL LEGAcy Sotical ffandeut of the Pole Empire for many centuries in the past. Its pristine hegemonypoo ttomon § ‘ Teor, rr, declined gradually especially during nineteenth ni Nest howe reiort TOUGN eee ah diplomatic techniques, eso Nonna lan, 4 Sein Ummah with the object to destabilise and Muslim territories The secular and the anti-Islamic elements got organised under the banner of Arab Nationalism in pursuance of their wn ae ee }35.+ The whole scheme was with an onslaught by the so-called rentalists on the Muslim's literature and other intellectual eee ssin Gwiisation. TI he latter by that time, had become stagnant as iSite igentla got involved in factional fights and sectarian differences, The tremendous advancements made by the coppisipar Western civilisation in the field of science and technolagy, eir eyes with the brightness of its achievements and "asa their independent thinking. Turkey was entdaged ta Balkan war in the beginning of the 20th century in which it lost many parts of its empire, During World War I, Turkey s an ally of Germany. Its territorial integrity got setback as a result of defeat the World War. Consequently, it lost not only its dependencies in the Middle st, but was deprived of certain purely Turkish territories at the hands of the m nations. Some of these parts of Turkey, however, were liberated by Turkish forces under the command A Hence he became national hero and got developed the Cult 6 ality. Imprints of his ings later dominated and shaped the socio-political life of modern Turkey. fo Modernisation. Ataturk had a Perception and a strong Conviction, ing to which he regarded the adoption of modernisation based on anization as the only way for the advancement of Turkey. He reat he Cultural hertage ofthe Turkish nation along with the G Me S past. He developed a firm belief that Conventional urkey man obstacle in the way of is advancement. In pursuance of he orfa Political (, 234 m based on secularism, he inflated pas enor ne yn Europeanisation of the Society, Aga! 7 ns ar 7 anti-religious policies in order tO UPFOOt falig: mani deeply planted in the Turkish Sock! ideals and to as in all dif Juced cha t were, of COUTSE jiefs and values that were, Of DIRECTION OF CHANGE (Reforms of Ataturk) ce snsional changes in all spheres of re aS vonaico and development, These Moly aimed not ony at the material, \jvaneement but focused at the nourish, of progressive thinking and inCuicalion of new secular values 28 Well. Hey deadly opposed to the adoption of conventional life style which religious thinking. Consequently, Ataturk initiated anti-religious Policies iy order to uproot the conventional attitudes and stagnation. An important h this direction was the shifting, of the capital from Istanbol to Anqara. Itis tote remembered that the fc eee seat of Ottomon Empire for along period and preserved ,the gli ‘of the glorious past of the Islanic civilization and the gi feet of the Ottomon Empire. It was known all over the world for its magnificient mosques and other religious institutions. Ataturk was elected by the Grand National Assembly as head of he state and, {invested with absolute powers. As head of the new polity, te ced the following principles as the basis of the new order ublicanism, Secularism, Turkish Nationalism, Revolutionary reforms and wrens of the popular will. He introduced various reforms in pursuance o these declared objectives. 1. Secularisation. Anti-teligious activities were encouraged during te Secularisation of puapicl hie whole process of revolutionary changes under official Batroniadé; expichly manifested anti-religious trends. Turkey Na declared a secular stale and Islam discarded as state Teligion in 1928, bye mmission of all such provisions from the Constitution. The long-standéd trad tional institution of 'Khilafat’ was also! abolished which symbolised Unity of Muslim Ummah, The last Ottomon Caliph was put in exile and ont March 1924, the atl 1 Caliphate was approved by the Turkish 6 National Assembly, Sunday replaced Friday as weekly, all cig institutions and 'Madaras' were deprived of official pal and oe financial grants, Many constraints were imposed on alll rel IQlOUs. for prayer in Arabic was disallowed in 1925; religious oe traditional religious wi : fariah and Augaf came to an end | oa kre area 9 religious thinking and damaging religious, institutions Ss horebanner of Progressive Higking and bea relorme é er Pla am script got sabsituted by Cain One in 1928 while many e put on the promotion and publication of Arabic literature an sian words were eliminated from the Turkish language and 4 either by purely Turkish or by French words. It is to be noted that Constitution of 1945, a8 oust nin Latin language. The socalled eee elle and sel Styidd “Mtelectuals attributed all ils of the memporary Turkish society and the misseries confronted by the people to A igious past of Turkey orale le 2, changes in the Legal System. In his drive for Europeanisation of the society, Ataturk abolished the whole system of Shariat Courts and replaced shariat anew family (as Turkish Lal System, however, ensured to some extent, vepapse yor fundamental fights. Introduction of new codes of law creat y problems for the Tukish Society. Turkish judges bad no een eo the new legal norms, resulting delay in eee ice. C2EGS 3, Direction of Social Change. The cultural patterns Pin ae the "98 eeey was remodelled and reshaped on diametfically~changed otéS@Sofrowed from the Western Civilisation-Women folk were ensured ‘eqlal rights in all walks of life with men and their active participation in public lf encouraged. They were recruited in civil services scale, while special programmes were floated, under state patrol ming at the promotion of women's involvement in the cultural activities. They were fequired to wear Wester dress and discard 'Burga’. Polygamy was disallowed. The wearing of traditional dress by Turkish men was discouraged and many constraints were put on it. They were not allowed to wear Turkish Cap. The new dress fashioned and introduced with wide publicity was of European style. All the government servants were ordered to wear European dress along with hat, European calendar replaced 'Qamri' calendar. During this drive ' secularism and modemism, Ataturk was fully supported ita ‘ile the secular elements and the so-called progressive Sed with the regime. It is worth pointing out that the affects of the new Changes were clearly visible in the urban areas more than the rural ones. § Economic Development. Economic system, under “Malukiat’, of course, —— a iusPolitical 1. Lega. y distribution of weal, ps could be taken in the a he contemporary Western civiisatgn ts in the field of science and tech; behind in every field of life despie’? es which could not be exploit vastness of territory and abundant resources WI xloited huge manpower manipilated. Defence potential of the Ottoman Sultange ultimately met its fatal end during World War 1 Ataturk paid special attention to the issue of economic uplift ofthe industry and agriculture. A comprehensive society and introduced reforms in | u r economic planning was launched aiming at the improvement in the commercial and agricultural output. Mineral resources were exploited ang divergent schemes, attracting investments in industry floated. Certain tig industries were put under state ownership. Industrial exhibitions were organised on large scale for the consumption of manufactured goods ang improvement in the industrial output. Barter system was encouraged as a principle in respect of extending trade links with other nations. 5, Administrative Reforms, State administration was remodelled on modem lines and central governmental control made more effective. For administrative convenience, the whole territory was divided into-new provinces, districts and in other small administrative units and their boundaries demarcated afresh. The role of civil-military. bureaucracy was imperative in administrative output. Nevertheless, bureaucratic elite adopted European lite style with full orientation to Westen values and became allergic of oriental values. They were frequently sent abroad to the Westem countries for get training. In fact, the os of this class fully reflected thinking, hence it nftyexecuted all reforms in letter and spirit with @ missionary Zeal, P4077 . * 6. Changes in Political System. Ataturk paid much attention to the of national solidarity, attainment of political stability and adopted Pty administrative centralism. In foreign affairs, he acted on the principle Peaceful Coexistence and the promotion of good relations with countries. His main concern was, however, the promotion of internal e and advancement in all directions. Turkey under Ataturk, friendship even wih those Westem European countries who enemies during World War I. The same poli adopted cordial relations wih counties of Eastem Europe vi Political ‘ System, however, remained autocratic under ruled arbitrarily, aie ly. The opponents were oa ined stagnant, hence 'e economic backwardness. None of trade and industry whereas made tremendous advancemen Consequently, the former lagged ed237 — lements, specifically became the target of brutality of the ey were deprived even of their fundamental rights. Anti e enforced in, the guise of secularism. military regimes, after Ataturk, continues more or less, licies as legacy of Ataturk and developed eee against the d civil 90} Sede, belonaing to right wing “political parties. They igus obstructed ‘¢ way of all such efforts as indicated policy of jIsion_to religious past. Natural course of inevitable change, however, makes its Own headway and the things are changing rapidly at present. ostiity against religious values is on the gradual decline even in the ranks of ruling elite at present. POLITICAL DEVELOPMENT AND ARMY Turkish military, in collaboration with the Republican Party of Ismat inono, upheld the political legacy of Ataturk after his death. The twenty seven years rule of Republicans came to an end in 1950 when Democratic Party gwept the polls. The success of the latter was in the nature of popular reaction against acute secularism and arbitrariness. Many changes took place gradually in the political scenario after 4950. The new regime of Prime Minister Adnan Mendiris had soft comer for religion in public policy-making. But the milita i Nays regarded itself as the custodian of Kamalite legacy, reacted and’sx: @ coup against the elected government. Adnan Mendris was sentenced to death while President Jalal Bayar was awarded life imprisonment. Central bureaucratic control was given plas £0) T 1961 Constitution and the ruling Junta/*“*) metas ring political foréfrént new classes and groups. Miitary's intervention was institutionalized by the creation of ‘National Security Council’ within the constitutional setup in 1961. Hence the new political arangements were structured on the basis of the notion of ‘Controlled Democracy’. Certain political parties and vested interests consolidated their Political hold ' with the full support of military. |nvolvement of Military. Democratic process in the past was upset after intevals on account of military's intervention but every time it was restored and followed by fresh elections. In most cases, such political parties were Successful at the polls as had soft comer for religion and leaning towards democratic a deals. But sooner or later, elected governments were toppled by the military and cyclic change continued over many decades. Since Tukey remained the member of NATO, possibility of involvement of Western Povers in the intemal politics of Turkey, can't be ruled out. Martial Law was238 _ imposed three ti 9 disturbances, ws: en governments, flevertheless the environmental ngs imperative fy" democratic order got disrupted by the [EMEA role not only Of the polis ut also of the trade unions, foreign elements and the military. Conse, the forces had to intervene in civil affairs in the interest of economic and protection of national honour. ‘As true custodian of Ataturk’s ee G military regimes continued to pi ; nce beyon ue the policy of Secularism and Moder hor Keeping in view “sistent political instability and the absence established norms, the Framers of 1961 Constitution decided to ergy permanent constitutional role for the army, which by that time had assumes the position to be an integral part of the political culture of Turkey, Nation, Security Council participates in political decision-making along with the government, hence the principle of authority power was linked wig accountability and responsibility. After the imposition of Martial Law, ifs been a general practice that the army would always Nee) democracy as its ultimate aim. Undoubtedly, it would Be transfer ito the elected government after sometime with certain reserva The military always give the impression that it performs the role of an artier and referee among the coliding political forces so as to keep them wie limits, Political Conflict and Imposition of Martial Law. Two political pate. Justice Party of Suleiman Demitel (a descendant of Democratic Paty # Adnan Mendris) and Republican Party of Bulent Eee were the na contenders in the national election of 1977. ‘secured comparaiva! ‘more seats but the tussle continued even after the elections wore ove army being a part of N Council, however, tried to make 292 up. Perceiving acute both the contenders, Mr, Kee Evren, the Army Chief toppled government of the right wing, abrogated Constitution and imposed Martial Law. al The military regime not only banned political parties but a poli and trade union activities were also disallowed, tit censorship wes it on the press while army offers replaced civil officers on the Key Pas more crash contol sone, e239 CONSTITUTIONALISM -— CONSTITUTIONAL DEVELOPMENT 4981, the military regime established "National Consultative = I prising 160 > os ft is to be noted that the previous constitutional institution, al security Council’ remained operative even during Martial Law. As all ees of the civil government had been transferred to National Security bu, it advised the new regime on all matters. The National Consultative Council had also fo make electoral laws, and laws relating to political Parties in addition to the basic task of constitution- making. The National Security Council accomplished the task successfully within the specified period. New constraints were imposed on the formation znd functioning of political parties. Trade unions were legally required not to induge in party politics and avoid links with political parties. Foreign sponsored political parties along with religious ones, were discouraged. Propaganda against Secularism was disallowed. Pn ed Approval of the Draft. The National Consultative Council completed the task Of drafting the Constitution and published it fublc opinion.240 4 Aon Stittons. hundred and twenty eight independent cee a a a total of ay ontest Ta ne ipa lag oa rest ou bureaucrats former civil and military ‘ a fiteen pollical parties that had appl Qut of the fifteen political t the elections, almost half of they a sisatowes \ alified as could aiecdia dh fo i —— along with the support of thirty four ixty:seven provinces. Only three political parties fulfilled these require hence were eligible to contest. These were Ff Populist Party and Motherland Party of Turgat Itis to be noted thay | had worked as Deputy Premier from 1980-82 under Martial Law, Eloi | were held under the strict supervision of the military on the Principe compulsory voting. To abstain from casting vote was treated as an offence Election Resujts. National Democratic Party bagged only 71 seats espe the rrr the ruling elite, whereas Populist Party 117 and Motherlang Party of Ozal secured 212 out of-a total of 399 seats of the National Assent, Motherland Party was regarded as the chief apart fe e government, Turgat,Ozal became Prime Minister in December . As President of ie Repub eee ee taiona Powers under the new constitutions arrangements, the role of the Prime Minister, therefore, could not becone effective. Moreover, democratic process was allowed to operate under many constraints; the political system, however, assumed civilian posture ese hin The Grand National Assembly lifted some constraints on the activities of the old politicians in April 1986. As a fesult, Suleiman Demiral and Buen! Ecevits became the important beneficiaries of these concessions. They wee ensured freedom of expression but not allowed to participate in poliica activity. Nevertheless, both remained politically active in the background. The Path Party was supported secretly by Suleiman Demiral while Democratic Let Party under the headship ofthe wife of Bulent Ecevits, had the backing of te latter. As a-result of the referendum held in September 1987, ban was lifted 0” the politicians and at least two hundred politicians got advantage. Election of 1987, Prime Minister Ozal, quit ed fresh election prior to its due date, By that ine to oh abet Party in the Assembly had tisen to 255 seats, Thi oe Surprise to all other parties, Motherland Path sie eepiy wen ae while Ozal became President on 9th esa one Kent mM Niel of November 1989 replacing Ker Popular Trends and Religious Pai i ence ities, P, ic. political partes Popular support in elections held in 1991. Tae eee ‘ov ‘a cadon to religion. The supporters and well-wishers of the Party later e Parly. When civil government was Teplaced by Martial Law 80, most of its members joined either True Path or Motherland zal. Prime Minister Yaldram was replaced by Yalmaz in June 1991 rands of his own party. Later Suleiman Demiral formed coalition ment with the support of Social Democrats, wath party (Milli Salamat). Prof. Arbkan is a clear headed politician with commitment to Islamic ideology. He has a clear vision regarding the \slamic order in modern perspective and has adopted a distinct line jon in pursuance of this goal which is in line with the contemporary zealies of Turkey. He laid the foundations of Milli Nizam Party in 1970, which eclared illegal in May 1971 on the charge of having leaning towards n. In 1973, Arbkan organised the party under’ a new name ‘Milli Salamat Paty and adopted a line of action as would not outwardly stand antagonistic ‘pe established system. This party secured 48 parliamentary seats in 1973 gecions. it was coalition partner of Khalq Party under Bulent Ecevits in 1974, out both parties could not pull on for long. Later it joined hands with Justice Paty and remained in power till 1977. Milli Salamat Party was regected by the electorate in 1977 as it sewued only twenty four seats. This failure was generally attributed to its asovation with a Leftist Party (Khalq Party) during 1974-75. This type of fopular reaction was an eye-opener for its Islamic supporters. After 1977,.it continued to support Suleiman Demirel's government without having shared ‘te poltical power. Nevertheless, it held the position of a balancing force in the Paty politics. Milli Salamat Party manipulated its position to minimise “stictions on religious activities. Rather it pressurised the government for undertaking positive steps in this direction. As a result of its positive “ilnbution, new relationships were developed with the Muslim World in the 80 foreign policy. Turkey became member of OIC in May 1976. Civilian rule came to an end as a result of political unrest and the May had to intervene to control the situation. Twenty four top ranking es Of Arbkan's Party were arrested charged with the allegation that they anata against the secular basis of the Constitution. Party position in the tly ater the election held in November 2002 is as follows:- bh ‘242 Constitutionatisny Justice and Development Party, a religious party under the leadership of Tayyab Ordoghan, swept the polls ; securing 363 seats; Democratic Left Party of Bulent Ecevits 179 seats while independent candidates got ten seats, True Path Party of Tanso Chiller and ANP both could not secure even a single seat THE CONSTITUTION OF 1982 Introduction, The intention of the Framers of the Constitution was to ensure Political stability and promotion of domestic tranquilty and for this purpose they envisaged a quasi democratic structure that would suit to the needs of Turkish society. Hence people's expectations and requirements of a stable order are judiciously integrated within the framework of the Constitution. Parliamentary system hg ener under a strong Presidency. President of the Republic has not only been empowered to appoint the Prime Minister, he can also shape executive decisions by convening the meetings of the Cabinet on his own initiative. He is authorised to dissolve the Assembly and exercise veto over the bills passed by the Assembly. As the Supreme Commander of the armed forces, he is fully Competent to perform an effective role in matters of defence. Being the Quardian of the Constitution, the President has been given the right to publish any bill relating to the constitutional amendment in case of differences with the National Assembly and submit it to referendum. Hence the President acts as head of the state as well as the chief es) Multiple party system has been allowed under the Constitution, and constitutional protection provided to public liberties. Fundamental rights can, however, be suspended under extra ordinary circumstances if national interest so demands. Turkish political system clearly manifests a consensus between three important elite groups, viz., public representatives, defence forces and the technocrats. The military has been regarded as the symbol of national solidarity and the custodian of secularism. The Constitution has prescribed many institutional devices to check the turbulence of democracy and control public liberties. According to a provision of the Constitution, even Martial Law __ Can be imposed within the framework of the Constitution. The military, in fact, rforms very effective role in political decision-making by virtue of its solid presentation in the National Security Council. SALIENT FEATURESnents 23 alate cultural legacy, The Consliulon wi nod by a sembly and approved later by the National Security Council ded as the true fepresentative of the Nation Supremacy of ution has been Ascertained in the carly phrases, Accordingly, Key hi een declared a modern | lar polity in which religious beliefs nothing to do with politics, 1] fundamental rights to all without ar lon, nas been declared as official language. 2, Supremacy of the Constitution. The Constitution fecognises the sovereignty of the popular will which finds its exposition through established institutions. The Constitution stands paramount and it ensures national independence, its solidarity, democracy, peace and tranquility. The government is under constitutional obligation to eliminate all barriers in the way of freedom and promote Rule of Law, 4, Amendment in the Constitution. The Constitution is partly flexible and partly rigid in the sense that different procedure is required for constitutional amendment, than the one adopted for alterations in statutes, fter having been passed by the Assembly, the bill carrying proposals for amendment got to be approved The nee sam ignori President, iti {tis worth pointing out that the Reforms introduced by Ataturk, which are regarded as the ideological and cultural legacy of the Founder, 4 Balanced Separation of Powers. The Constitution, as already explained, Stands paramount hence it is the source of all authority. (Grande National, — eae } The constitution was amended following a referendum on 21%" October 2007. The amendment states that the President will be directly elected by the people, rather than by the parliament. Presidential tenure shall be five years and no one is allowed (0 serve for more than two terms, Previously tenure was limited to one term of seven years, 1 AConstitutionalism 24: —— eee Assembly is the supreme legislative organ while executive powers belong j, the!Président and the Council of Ministers. The Constitution demarcates thy jurisdi and powers of all organs and prescribes a system of checks an balances. The President controls on the one hand, the Council of Ministers and holds, somewhat superior position even over the Prime Minister. He can exercise even such administrative powers in collaboration with the Cabinet, ag are normally exercised exclusively by the Cabinet within a Sue form of government. The President also ze vital role even in legislation. All judicial powers are assigned to the courts established within the constitutional. framework, A comprehensive and welt dsinl sen 5. Position of the Head of the State. Parliamentary setup has of course, been envi under the Constitution, the office of the head of the state has been made more domineering and state authority structured in it. He appoints not only the Prime Minister but presides over the meetings of the Cabinet and - plays important role in administrative decision-making. He performs effective role as legislator in his own right as well as by virtue of his indirect control over the Grand National Assemb! after havin 6. Parliamentary System. The system of government in one sense can be termed parliamentary as the Prime Minister and other ministers are taken from the National Assembly and are held accountable to it and to the President. The latter is fully authorised to remove any of the ministers. The Cabinet is collectively accountable to the National Assembly viz., the whole Cabinet has to resign in case of approval of the vote of no confidence against any one of its members. Cabinet works as a team. Most of the bills which aré later translated into laws are the government sponsored bills which find a5 in the Assembly by virtue of the backing of majority. Civilian in the past were coalition governments; in most cases the remained most instable. mem nat Cian Maton seth ee -of its political legacy. It was on the basis of its religiousvernments ere 245 it Ataturk had pfonounced the abolition of ima) ‘Khilafat’, | iol position has been, preserved within the present ate well. National Assembly is i be extended or minimized Ue ssrerdooy ae See = cal the supreme law- iti par irom a position S preme law-making body it is ve i BE the executive, as most of the mine its ae ee, lifes M2 treaties made with foreign governments, As the guardian of the ous? of nation, it approves the annual budget, a power by virtue of which it tan #220 all other institutions within their respective sphere of activity. To declare WA" make peace and to approve the use of army troops, fall within the competence of the Assembly. It has the power to make rules of its own procedure 4, Judicial System. The Constitution ensures the independence of courts and the judges are given security of service in addition to many other privileges. Proper safeguards have been provided to preserve the integrity and dignity of iudges. The courts exercise the power of judicial review over all actions of the zéministration. The age of retirement of judges and that of public prosecutors is sixty five-years. A distinct hierarchy of administrative and military courts exsis side by side with the other state courts, The principle of ‘Rule of Law’ however, remains operative at every stage. The whole judicial structure has been organised under Ministry of Justice. 4, Rights and Obligations. A list of fundamental rights has been incorporated in the 2nd Part of the C tity ‘ion, The underlying philosophy of tnd : rights has been er ervient to the requirements of justice, fairplay an secular ideology of Turkey. The enforcement of fundamental rights can be suspended partially or completely, as the circumstances so demand, during a period of emergency, mobilisation, war or Martial Law. In like manner, restrictions can, e imposed on the activities of the foreigners under established canons of International law. Some of the impor Rea rights are: right to life, personal secutty, security against. sérvitade/ right fo privacy, freedom of movement, freedom of expression, freedom of conscience and press, right to form @sociations, hold public meetings, organize demonstrations within the limits Of law; right to private ownership, right to earn one's livelihood etc. In respect aD rights of wage eamers, important rights are: proper wages, fixation of he of work, collective bargaining, lock up and strike and right to enjoy all "privileges provided by the state. . Political Rights. The Constitution secures all political rights which are Senerally ensured to citizens in modern democracies. In order to appraiseConstitution, 246 ee a pitre of poli derlying spirit of the the 1 tical freedom, the un y ; the real pale ai ee A closer study of ‘he working of the ne i scent of Ciontrolled Democrar y. Involvement of a i” Pes ie iy been given constitutional cover due to th 4 ee i cr cedng the role of the political parties In the Me ite feiecs, ri Constitution prescribes the following politica) to everthel ) Ne thecitizens: i oni years or above are given the right to a a ee ee they are entitled to hold any Political of bject to the fulfilment of requisite qualifications, Holding of Bacio and secret ballot is ensured under the ‘supervision of idiciy, Provisions for holding of referendum is also laid down to elicit i; opinion on important national issues. It is worth noting that the Studenis cadet schools and corporals working in the military are not given the rig to vote. b, Right to form Political Parties. The Constitution recognises the of all citizens of 21 years or above to form political Parties and join leave their membership. Nevertheless, only such political parties cant formed as pledge to adhere to secular ideology and promote Nationa) solidarity. Formation of a new political Party is subject to the permission granted within the limits of law. Such political parties are not allowed function as come into existance for the protection of vested interest no: these are allowed to create their affiliated associations or indulge in trade union activities. EXTRA ORDINARY PRO} VISIONS According to the Provisions: of the Constituti : A i stitution, measures may Paes mi ae bei Ur with extraordinary circumstances, Notable afé te cae fie eal with ‘he Proclamation of Emergency and imposition 4. Proclamation of! Emergence: a 7 y. Under stances of a0 Political unrest or economic distujation, orig rae be prodlaineé"emments 247 the whole of the country. The Council of Ministers, working President, can make an announcement to this effect, Such amation shall be valid for a period not exceeding six months. nfirmation. The Proclamation of Emergency is to be published in official ette and submitted before the Grand National Assembly for approval. session may be summoned in case National Assembly is not in session. The latter is fully authorised to make alterations in the period of its enforcement and decide about the scope of new obligations on the citizens or other limitations on fundamental rights, National Assembly is competent to prescribe the discretionary powers of the officials during the period this Proclamation remains operative. During the period of Emergency, the Council of Ministers, under the supervision of the President, has the power to issue new decrees having the force of law so long as these remain enforced. But the decrees got to be approved by the National Assembly the same day. b. Imposition of Martial Law. To incorporate provisions regarding the possibility of imposing Martial Law within democratic constitutional framework is a peculiar feature. Turkish Constitution provides that under extraordinary circumstances beyond the control of the civil government, Martial Law may be imposed. Hence the President in the Council of Ministers can announce this step for the whole of the country or any part thereof for a period not exceeding six months. Such a pronouncement is Fequired to be submitted before the National Assembly for its approval and in case it is not in session, special session shall be convened. The latter is fully competent to make alterations in the period of its enforcement or Tepeal it. The President in Council of Ministers is authorised to issue decrees during Martial Law which are to be laid before the National Assembly for approval the same day. National Assembly is authoriged to extend the Period of Martial Law for a period not more than four months. But this Condition is not applicable during war. All the Martial Law Commanders Shall perform their duties under the supervision of Chief of General Staff of the Army.SO IN Bt rn ——<—> pes STRUCTURE OF THE GOVERNMENT PRESIDENT OF THE REPUBLIC een provided in the Constitution, witch ble to face the contemporary realities. It is to be ng iod of Kenan Evren that 1982 Constitution was framed euapave sa x of Kenan Evren wha i assumed power after overthrowing the civil regime. Consequently, to concentrate the state aS es Office of ty President within the new Constitutional setup was a foregone conclusion Hence the presence of powerful head of state within a parliamentary system, a feature suited to an authoritarian system. Qualifications. The incumbent of the office: (a) Should not be less than forty years of age. (b) He should fulfill the qualifications requisite for the membership of the Grand National Assembly. (c), He must have acquired higher education a's Turkish citizen. Tenure. The President is elected for a period (of seven years. Once elected no one is allowed to be re-elected for a second term. According to an amendment of the constitution following a referendun on the presidential tenure shall be of five years duration instead of seven years. But he can be re-elected for a second term, Hence Strong Presidency has be regarded indispensal ——— A Names of the Presidents of Turkis i it i Is Tespective tenure are as follow: t=) Bispublc nengtnint teeeaaa Herel Pai 120-98) Ismat Inono (1938.50), Jalal Bayar (1950-60), Jad 8) Targa Pa eetny (986-73), Koro Turk (1973-80), Kinan Even (1% Ceaser (2000-2007) area) Sulsiman Denitel (1993-2000), Armed. Nhe Se he Tl esa tah Gul (207 to date) Abdulah bears the oP and Development Party (AKPY co With Islamic leaning, He belongs to Wsi worked as foreign miner so” his elecon as President ofthe Repth Votes viz, two-thitds majority s¢"7® 2°42 inthe 3rd round of voting secuna lean shar ego OF SED. Hs wife wears ahead 88 defiance to Secularism, “°4 YY the secular opposition and the army and roovernments wg — single seven years term has been replaced by two five years terms, 5 fe -m for a person is not permissible, Thitt d of Election. Under the Constitution, the Turkish Grand National wet y shal elect from among its own members, a person a6 President Assis the requisite qualifications,in case National Assembly seeks to, who any non member to this office, such a proposal should be initiated with elect port of one fifths of the total membership of Grand National , v ons election, the President-elect is required to resign from the aerpersti of his political party. The purpose of this provision seems to keep te offce over and above party politics so as to preserve the dignity of this ofice, After his election as President, a person can't remain member of Grand Nalonal Assembly; he has to resign from its membership in case he has been amember. contents Special session of the Grand National Assembly shall be convened ‘or the purpose of the election of President, in case it is not already in session, The electoral process to fill this office starts thirty days prior to the ‘completion ofthe tenure of the outgoing President. But this process starts within ten in case this office becomes vacant prior to the completion of full term of its ‘rcumbent and it is completed within thirty days. Special Bureau of the *ssembly shall approve the names of the candidates in the contest within ten days while : final phase of this process shall be completed within next twenty ays. of the candidates obtains two thirds of the votes of the ent curing frst two stages, he has to get absolute majonty vote (more it 5) percent) i the-260 Structure f the Covering, in office, however, shall continue to perform nis dutes BT hema President assumes the charge tion be a bit complicated one The system of election s F ha to ensure that only such Matter of fact, every care has been tal en Peace should be elected as commands the support of the majority of the Asse, 80 that he may fulfil his duties with full confidence f Office. The President-elect shall take the oath of office before Meal pero in which he reaffirms his commitment to the Solidarity of Turkey, preservation of cae Rule of Law, Secularism and Legacy of Ataturk and fe ges to fulfill his responsibilities to the best Of hig eg Impeachment. President can be removed from the office impeachment by Grand National Assembly on the charge of gross misconduct Or treason, prior to the completion of his term. Such @ move- is required to be initiated by legislators with the support of one thirds of the members of the Assembly. Three fourths of the majority of the total number of members is Tequired to approve it. The President is, however, provided full opportunity of defence. Acting President. |f the President is unable to perform his duties for the time being due to illness or absence from the country, the presiding officer of Grand National Assembly shall work as Acting President and exercise all ‘such Powers as fall within the competence of this office. In like manner, if the office The office ofthe President holds a syslem. He can exercise crar n 2 Boal role in the Turkish plied Powers as are envisaged in parlamenlay sysiem. The Present of Turkey is ressried a cla Spokesman and representative of Turkish nation, symbol of and is honour and stands surety to the a he Cons te vara ne promance fis dues, he maintane scons A President are given below, a x = 1. As Head of the Government hs Executive Authority, The President of te oa ceetcents 251 ‘Sponsible for the maintenance executive, he chalks out administrative a large number of public officials. To d in his name and he is res ie chief an impo! a "io remove any of the mi > ministers. He appoints the members of Farsi Council ao wh its chairman, issue instructions to the orci in respect of probing info"certain important issues. Similarly the g ners of such other advisory bodies for example, Educational Council, . iso appointed by the President. The latter also determines their respective spheres of action and extent of their authority, 1) conduct of Foreign Affairs. The President is the chief spokesman of uray in its relations with other countries. He represents the nation in iaemational conferences, appoints members of diplomatic corps, receives ite ambassadors and foreign delegations of other countries, He has an important say in regard to the negotiation of treaties and agreements with other countries, (¢) Defence. As the Supreme Commander of the armed forces, the President makes important decisions regarding defence policy, defence iojects and the use of army troops, He performs a vital role in area and (feretiton of the meetings of National Security Council and in preparation of the agenda of its meetings. The appointment of the Chief of General Staff is the sole discretion of the chief executive. His role ‘elaing to the imposition of Martial Law, proclaiming emergency conditions and the issuance of administrative decrees, can't be underestimated, The presidential decrees have the same validity as that Oflaw so long as these remain operative, The Legislative Role. The President is fully authorised to summon and %trogue the sessions of Grand National Assembly. He addresses the first Sn Of the Assembly in which he explains ‘the underlying principles of i ‘© policy-making, The bills passed by the Grand National Assembly are to {a 2e4 by the President who can send them back for reconsideration, it &ll proposals regarding amendment of the Constitution passed by the “by can be sent back for reconsideration. In case of disagreement tod et President and the National Assembly, the former has the right to suns “endum on the issue concerned and popular verdict, under such ‘rey 2088, shall be considered final. The peer the right to go on ‘Ege he Constitutional Court regarding y provision of law or To get judgment on the constitutional validity of any procedural rule of™ 252 tructure Of 1h Gover the Grand National Assembly, the President has the bower 6 TTR Constitutional Court. Holding of fresh election of Grand National Assomby 4 an important discretion of the President 3. Judicial Powers. The President of the Republic has some judicial the members of Constitutional Court, 'Counci} Of Stay ard wih tn cou of Appeals. In addition to this, he appoints ln number of senior military and judicial officers, and public prosecutors, Al such decrees as fall within the discretion of the President are issued y Signatures and not that of the Prime Minister. Nevertheless, all those Clty that fall within the competence of the Prime Minister are to be sign latter. No Court has the jurisdiction to review the constitutional validity Of the action of the President exercised under his discretion State Supervisory Council, State Supervisory Council has been estab under the Constitution to assist the President in the execution of law an improvement in administrative system. It holds an enquiry into a maty referred to it by the President and submits its report, Normally it Keeps the President informed about the activities of the trade unions, professiong associations or other it its jurisdiction. The the Council and determines their functions and powers, THE COUNCIL OF MINISTERS tp There has been a general Consensus on the parliamentary systen the absence of establistel » aS the political develop: pariamentary dence = instability. The Present ve ‘ cracy has been so ff or within a parliamentary setup. Tamed 8 to ensure TE Composition. Prime Minister and his Cabinet col are supposed 10 the panos Grand National Assembly and ae saat 'e President, in consultation with the Py joval Minister. Formation of the Cabinet He et The Prime Minis Ministers and la Subject to the approval of the Asse) eh ce by list of the meee of the ee ‘ore the, Nati ni Session of the National Assembly rae, Assembly for its approv already in sess no ‘as to be summoned in case I sion. The Council of Mi policy programme on the Ministers announces. its ‘ r of the Assembly. The newly formed P2et et nen jatefwe showply Pah Ate qureps of sel d pied ey beliefs «ments 253 ee (0 the Constitution, to get vote of confidence from the ne Cabinet fails to get vote of confidence or the Assembly on its ord, passes @ resolution of no confidence, the whole Cabinet has to n. Under the circumstances Cabinet is not formed within a period of forty- s, the President of the Republic, on the advice of the presiding officer ofthe Grand National Amenably, shall dissolve the Assembly and issue orders for holding fresh election. (Art. 116) The Prim. Minister may ask for vote of ow ce of the Assembly at any time he dean proper. But such request of the Prime Minister can be turned down by the Assembly with the support of majority vote. Features. Council of Ministers performs its role according to the parliamentary noms. All ministers are members of National Assembly and if any non- member is included in the Council he is supposed to have Tequisite conditions prescribed for the membership of National Assembly All ministers work as a team and are collectively accountable to the Assembly. Vote of no-confidence against any of the ministers is regarded as no-confidence against the government. The Prime Minister normally presides over the meetings of the Council, while the meetings convened by the President are presided over by him. All categories of ministers, viz., members as well as non-members, enjoy equal privileges. The executive structure is a mixture of parliamentary and presidential forms due to the absence of certain established parliamentary norms, The Prime Minister holds somewhat Superior position within the Of Ministers. He can remove any minister while all of them are Nividually accountable to him. The Cabinet ministers work as a team and are Collectively accountable to National Assembly. During the absence ofa *ericular minister any other minister may look after his department in addition 'o that of his own, Any minister may represent any other department ‘on the foor of the House. In case the seat of any minister lies vacant, it is supposed ‘be filed within fifteen days. A minister has to quit the office against whom a "eference has been made by National Assembly in the Supreme Court. {2 Taker Cabinet. According tothe Constitution, Care Taker Cabinet has to » “Pointed three days before the election of N.A., Consisting of neutral Persons. The President shall appoint Care Taker Prime Minister and the latter : 3 prepare the list of his Cabinet colleagues. Political parties shall be given OTeSentation in the Care Taker Cabinet according to the ratio of their ninetical Strength in the previous Assembly, while the decision of the “Ssident in this context shall be final. The Care Taker Cabinet shall continue Council eStructure of the 254 to discharge duties till newly ele binet takes oi. an noted that members of the previ A. may be inclu i Powers. The primary responsibility regarding fe re r ries is that of the Cat nforcement of public [ibe ) " es as incharge of different portcles, Fora of pub lic officials and all other policy lecisions are eed The Council decides all important policy m, meetings, and defend these on the floor of the House. The Preside exercises administrative powers on the advice of the Premier ministers, Most of the Bills moved in the Assembly which are later tra laws, are those which have been prepared under the supervi ministers. These have easy passage in the House as majority is back of government sponsored bills. The ministers have also delegated legislation, viz., to frame rules and regulations contents of the statutes during their enforcement. Hence by new explanations to the statutes, the ministers may chang underlying spirit. ois oH The Cabinet has complete grip over fiscal legislatio Prepared under the supervision of the finance minister a discussed in the meetings of the Cabinet before its st Assembly. The budgetary estimates are normally approved in t as these are fully supported by the treasury benches. As a matter of fact, all the Presidential powers, under discretionary powers, are in practice, . exercised | Minisiers. It is interesting to note that the Provisions role of the President and that of the prime minis Provisions of 1973 Constitution of Pakistan as fegime noms under the circumstances, Recent Development: An been marked by increasing involvement of military i elite acted as an authoritative check ny of the military was fully ensured u ined effectively through the National Secur governments collapsed due to direct or indir . Hence islamicist governments in particular, had due to secular posture of the army. Appraisal. Political deveMme ongment of Prine. Mj nistgs Tayyib Erdogan, that assumed comffands ov psi Ng majority in the Parliament. Having sckground, it 18 prUdéAT enough fo. move with caution, tact and : storm Package, focusing on the long held ambition of joining the “pai inion, Nas floated certain other popular demands as well, difficult to o even by the military controlled National Security Council, ose include scrutiny of general elections by international monitors, ol broadcasting in Kurdish through private electronic media, of liberal reforms in broadcasting free from military's control over it ion of anti terror law, which was alleged to be misused by the js (0 curtail fundamental freedoms, Hence the tussle between the jovernment and the Generals may decide as to who comes on top the s of the politicians, Passage of liberal reforms along with their enentation may pave the way for Turkey's entry in European Union.* — all European Union states Tukey is alleged to have flouted is pledge to treat all European Union states "0 nays eh hag ' Pens Neverelss, use of delaying BE ae hei dale of he bias ding for years together plete rt een ta es ropean Ur bigger They are view Wits mene ebb and comparatively owes! abov? hey to ‘al Turkey has potential| Constitutional Role of the Army Chapter 4 CONSTITUTIONAL ROLE OF THE ARMY __ NATIONAL SECURITY COUNCIL ‘litical system has the advantage that army has been Oe an Innova role to hold in balance turmoils of democracy and trends leading to political instability. The army is not merely vested with the traditional task of protecting the national physical boundaries it has also to protect the Kemalate Reforms and its cultural legacy. Hence the orientation of army's training is so designed and the professional values so developed as to foster secular trends. The army has developed psychologically a hatre against uncontrolled democracy and disliking for the supremacy of popular will As a devotee of Secularism, the army tries to implement Kemalate Agenda with a missionary spirit whenever it is assigned a political role. i frequently puts limitations on public liberties and minimise the role of political parties. Under the present Constitution, it has been assigned a permanent Constitutional role in the form of its effective fepresentation in the National Security Council. The latter already existed before the promulgation of 1982 Constitution. It remains effective even after the overthrow of a cil government. Composition. National Security Council comprises in its membership, President of the Republic, Prime Minister, Defence Minister, Interior Ministe, Chief of General Staf, all the three Chiefs of the armed forces, All these members perform their duties under the supervision of the President of fhe Republic who convenes its meetings from time to time. Any other minister any person may be called by National Security Council especially for seek"? advice or getting any information, Functions. National Security Council performs a vital role in politcal dedsor making and in policy-making. It is expected to initiate or suggest n Steps especially in matters relating fo the promotion of national soldi national integration. The Council of Ministers is expected 10 gV@ importance to all such decisions, President of the Republic presides ore meetings of the Council and during his absence, Prime Minister performs f duty. Agenda of the meetings is Normally prepared by the Presetjparative Governments a ee slion with the Chief of General Staff. INVOLVEMENT OF ARMY IN POLITICS On a closer .study of the recent history of Turkey, one finds that the’ amy played basic role after the abolition of Khilafat in regard to the establishment of new system based on Secularism and Modernism Turkish Society had to face an acute depression after its defeat in World War I. It was deprived not only of its dependencies of Middle East of Ottoman period but Jost also its certain purely Turkish territories. Turkish army under the valiant command of Ataturk, liberated few lost areas from the domination cf allied- forces. The military leadership vehemently faced the hardships and started the task of national reconstruction with a missionary zeal. The new Reforms introduced in almost all walks of life, aimed at breaking historical linkage with the past and substituting with the new order based on Europeanisation. Kemalate perception of modernism, in fact, was akin to Europeanisation In his drive for Secularism and Modernism, Ataturk used all tools of ‘oercion at his disposal to the extent of eliminating all symbols ¥ the Turkish Society. Orientation of military training depicted f Western Civilisation and culture became more and 1 Turkey became member of NATO. The new lar, rather became clearly anti- consulle oppression and ci of historical past o' the same trend, Imprints of more deep on the army after socio political order did not remain merely secul: Islamic. The newly developed system remained stable and government's control over the society was firm and tight during the lifetime of Ataturk. But things changed after his death and natural urge for participation in the statecraft on the part of people grew stronger gradually. No doubt, an autocratic system can get its foothold and attain stability for thé'time being, but ie reactionary forces inevitably get their own natural course. Contemporary ideals paved the way for further tical conditions and spread of democratic i inges. As a reaction to the secular and anti-Islamic policies of the military , the Pro-Islamic elements gained momentum. It is to be recollected al the poltical heritage of the historical past of Turkey had been jaracterised with ‘Khilafat’ system and Ottomon Khalafat was regarded as d of popular hatred on religion also grew stronger. Condemnation of military ule was the | result which fortid its exposition in various directions. Lifting the ban political parties was an event which gave flip to the lust for democratic among the masses, Consequently, the popular reaction was visible inConstitutional Role of the Amy 258 The new governments perceiving ss ie for of econ resus, The nei et lifted excessive restrictions on Popular wil, adopted mroceres roliies indicated soft comer for taj fj ay ed wc on religious activities, which was a clear eva elements ant i ac : ‘ss ogeetinan vey nbcced by the one, oa is, stands a clear testimony to this a s TE iy tae He eal Bayar and Adnan Mendris as its founders. emocrats 138 wath the elecfon held in 1950 and formed the government tg eal i the army. Hence intrigues and conspiracies were f eerie can governments resulting in frequent toppling of ci i t the hands of the military. Intervention of military iN Politics Re es wth of democratic institutions, intervals blocked the way of the gro ; Polarisation and perpetual conflict based on violence among political Parties Paved the way for army's involvement in Political life. An analysis of the political role of army would Feveal that out of seventy year's of its history after World War |, Turkey remained under the rule Of a civilian president for not more than a period of a decade only. All the Constitutions of modern Turkey were framed under military rule. For i Constitutions of 1921 “and 1924 were prepared under the Supervision of Ataturk; 1961 Constitution, under Jamal Gursel and that of 1982 ee Avren. The underlying factors that account for military's intervention in ci are classified below: 1. Political Instability, Such a Strong leadership could Not emerge after the death of Ataturk in 1938, as could tackle and face extra-ordinary difil Problems generated by war. The Successor government was not stony enough to have a firm h ile demands for popular P rocess, remained absent, Election rma reactionary trends against the existing ot ste ens Were formed, which were not stable hence ai rs IN an effective manner, On the other hand, ' po goverment of Demoorate Party and Justice Party aimed at Tae beeen ie tational past ofthe Turkish Sodety, - ; : Ot suit t ‘itera , directly or indirectly intervene in the nies fit, Gonsen any unrest. tical affairs during political chaos 1 2. Lust for Power. : iti i mperament of the mila became more and mo" Political due to its Excessive invoh ae 3 im factional tussles within t vement in civil affairs at intervals, The tey he army ranks, fone group of army officialscomparative Governments Democrats, the other developed a leaning towards Republicans. Another gason responsible for intervention of milit i lary in political life was inspired by yested interests and getting more and more benefits for the army. The things ame to a turn when rivalry developed between senior and junior officials. equent intervention in civil life fostered uch political and cultural values by ie of which the soldiers would consider themselves superior over their e as Agent of Modernisation, The Positive role of the army with regard modernisation and national reconstruction has also supported the claim of amy to act as arbiter during political crisis, During a period of military rule, litical stability can be attained which is considered, of Course, indispensable fational progress. In contrast to this; the civilian period in Turkey has been erally marked by political strife, violence and polarisation. The army ains on the lookout to intervene the moment such conditions reach at the . Nevertheless, such involvement sometimes had been indirect as the ly would prefer to act as play-back. Under such conditions, the military elite lirectly influenced political decision-making without taking upon itself the ponsibility of government. Some civil governments had invariably accepted ole of army and depended on its Support. Civil administration, under such ditions, became more loose, paving the way for direct control of political ‘by the army. FORMS OF MILITARY INVOLVEMENT (A) After the death of Ataturk, direct involve Minued for a long time, of course, with intervals ’sidents belonged to the army even durin 5, they took direct control of the government by the imposition of Martial W nd later gave constitutional cover to their governments. Hence most of Constitutions of Turkey have been framed under military rule. A clear le of military's involvement in civil life is the Presence of National eS Council which comprises military representatives along with civilian parts, ‘ (8) Under coalition governments during civilian rule, the intervention increased due to heightened political tussles, Different political Parties © Supported by different factions of the army. When the Democrats Olidated their political hold before the election of 1954, Noori Yamout, the f General Staff and General Tahseen Yazi joined this party, fement of army in politics Of civil rule. Most of the 1g democratic phase. In mostConstitutional Role ofthe — developed ! leanings eir by ee ti elted after 1959, yes: a a my officers Party was Gur Republican Party Democrat govement and imposed Martial 2 reacted and toppled the civil ted repressive measures 10 SUPPTESS Demy, of May 1960. The lt “ iaders and ole activists Wee Pl Being. nl Cc : 5 “ we bene nea his foreign minister and finance yar. Pre sentenced to death ; sd tical parties was iif january 1954 hen ban on the political 4 | Dense Paty remained wie ee eam and Well-vishey d Justice Party. As a result of the el , p vile Repubican Party was the looser. But we pe | part of military a coalition government was ee “on " . Democratic Party and Republican Party. But contini tussle ug power continued between the coalition partners. The army worked as a lnk and an arbiter between the two. The task of framing 1982 Consttuion (present one) was done under the military regime of Kinan Avren in which constitutional role of army was kept intact. i : After the completion of the tenure of Kinan Avren's Presidency, Turgat Auzal became the civilian President after a long time and he was succeeded by Suleiman Demiral, National Security Council, an institutional manifestation of the constitutional role of army, still exists whose importance can't be over looked. (C) Military involvement has not been confined to the governmental affairs only i! has become an indispensable Part of the political system. It is not only the role of the National Security Council that accounts. office of the Commander in Chief has also been made National Assembly which is another indicator to this effect, of the Republic has also fepresentation in the Assembly, is compulsory for all Turk citizens for @ period of eighteen months hence every clzen remains attached wih the military establishment for some time. The underlying purpose seems to bridge the gui between civil and military departments, and create Congenial atmosphere, and foster fratemal relationship, a haere An Appraisal. in the third world i | pers; , performed @ Positive role as an agent of ae nt, social mobilisation and in many developing Societies. In the beginning of had to suffer a lot due to defeat in World War andti Vv 261 ————— s territories. It was followed by acute depression, unrest and ny mic miseries. But the Turkish army, by vali i s lost territories and won heroic me in as a a ae The military regime performed, no doubt positi it ic reconstruction and development. But Turkish political ee io save itself from injurious effects of military's involvement in civil affairs. Hence the main beneficiaty of the fruits of so called economic development and poiticl stabiity was the military: which exhausted a large part of the national wealth and its resources even at the cost of the economic needs of other classes, especially those of the rural areas. The military monopolised even civil offices where military personnel were deputed frequently, giving civilian affairs an outlook of military's professional values. The ever-increasing involvement of military to control political strifes and factionalism adversely affected their professional competence and disciplinary norms. Polarisation, party politics and factionalism penetrated within the army ranks. The attitude of the army hindered the growth of healthy democratic atmosphere. Instead of performing the role of arbiters and mediators. The amy chiefs generally got involved in party politics, supporting a particular party and denouncing the other, The army had always been using negative tactics due to its leaning towards Secularism, to obstruct the way of popular will whenever election results were in favour of right wing parties. In this endeavour, military elite had the backing and support of its Wester allies especially belongirig to NATO. ‘As a matter of fact, defence forces should not in any way, obstruct the way of democratic process or stand in the way of + enforcement of public policies by abandoning its neutrality. The policies adopted by the military regime during post World War | period proved, no doubt, positively fruitful but under the changed scenario, the defence forces are well advised to limit their sphere of action to defence affairs only and improve their professional competence.* of it the custodian of the secular basis of the constitution while its own life pie peace secular behaviour, It remained ies of "5 government and would not even van) ‘a times. This hostility found its clear opted for religious educational institutions. ‘on issuing waming to the Prime Minister to this had to make announcement in regard to the 7 It-is worth it out that True Path Party, ‘Erbakan, Is also staunch supporter of }, in preparation for entry in aay ea been y 's policies held A Re further stuck | blow é 23 Grand National Age, em 262 a er Chapter 5 GRAND NATIONAL ASSEMpiy Ng of i fical system. It is organised on the established orm ; Bein san and enjoys the position of a nore law-maki body the one hand, while performs the function of control ing the executive autho on the other. It elects the persons for top positions such as the Presi Prime Minister and other ministers. The Assembly acts as the guardian of jy purse of nation, since nothing can be spent without its PPFOVal nop ay amount raised without its authorisation. The performance of all importa national affairs as, appointment of superior Public officials, fe a National institutions, questions of war and peace, treaties and agreements, fall within the competence of the Assembly to deliberate and decide, COMPOSITION AND POWERS Composition. Grand National Assembly is a unicameral legislature Consising of 550 members. All members are directly elected by the People by secret ballot on the basis of adult suffrage. Eligibility. A candidate to Contest the election for its seat must be (a) at leas! thirty years of age or more, (b) He must be a Turkish citizen, Disqualifications, Such Persons stand disqualified: a. Those who have not acquired at least Primary education. Who have not ‘completed Compulsory military service, All those are also disqualified Who are debarred from Public service. Those who have been Sentenced é imprisonment on account of the cha? Of fraud corruption, bribery, Smuggling, violence, breaking law and or disclosing state secrets etc, Such person eligible for membership even after they hale been granted a and military pereorrell judges, teacher ¢ superior educational institutions, members of "Superior Educational Cou and all in-service civil servants are Not eligible to contest election for Natat® Assembly seats, fh Duration. Duration of Grand National Assembly is five years aoe, alteration under extra ordinary conditions, |t will, however, be four yeas atl b. c. d.emments 263 OT y election. The Assembly is authorised fo decide by the soul the holding of fresh elections prior to the completion of its tion. The President is also Competent to do the same. In case elections is not feasible due to disturbances caused by war, can be extended as well and the previous Assembly shall ction so long as such state of affairs exists. Any member may for a second term. ‘ stion. Election to fill the seats of Assembly are held under the supervision ry in a free, fair and impartial manner. Supreme Election Council, impartial body, is vested with the responsibilty of administering the process. It is responsible to redress all the grievances arising .in this n, hear appeals and petitions announce the decisions which shall be pyelection. If any seat of Grand National Assembly becomes vacant due to ‘+e death, ineligibility or resignation of any member, by-election shall be held. se five percent of the total seats of Grand National Assembly become by-election shall be held within a period of three months. But by- n shall not be held if unexpired portion of the duration of the Assembly jan one year. Privileges and Limitations, The members of the Assembly enjoy certain onvieges and are paid regular salaries in addition to the pension of those bers who have retired from service. They are also given daily allowance of any privilege he has been getting prior They enjoy freedom of expression on the floor of the House and no case can be registered against any member for anything said in the Chamber. Nevertheless, they are required not to disclose anything about which the Assembly has decided to keep secret. No member can be arrested during the session save on the charge of gross misconduct. But this is required to be 5rought to the notice of the Assembly by the authorities, concerned. Members are neither permitted to join any government service nor lof any public corporation during their membership of National Assembly, ™ allowed to have commercial links with any government agency. Every MA Justice and Development Party, under the valiant leadership of Tayyeb Ordoghan Dleneeeg abn the eetnsheld in November 2002, ecuin 358 sets out of 2 total of 550 seats of the Assembly. It is noteworthy that this party has leaning ‘owards religion. This party got landside victory in the election field in July 2007 Sepuring 340 seats, while none of the secular parties could get more than ten Dercent votes. In August 2007, presidental candidate of this party Abdullah Gul, ‘also got elected, securing two-thirds of the electors vote. »Member is required to take oath of office pledging to uphold the i national solidarity and perform his duties to the best of his abilities, + , Loss of Membership. The Grand National Asse.nbly is fully com; Y eliminate .the membepip ot a person who has committed any crime, member can also be relieved ois eee ibyitigs if he himself resignation. Similarly, if it is estal ished that'a member does not fujpy necessary qualifications required for membership, he shall loose hig g Such a member as changes his party affiliations and quit the Party 9 L ticket he has been elected, shall also cease to be the member. Assembly rules may also lead to the loss of membership. Absence consecutive sessions in the same month, without proper reason, also the loss of membership. ee eahatiorpay. members of a political party shall lose their seats Assembly, as has been declared unlawful by the Constitutional ¢ member who has been deprived of his membership or privileges has to go on appeal to the Constitutional Court within seven days t POWERS AND FUNCTIONSYr : overnmonts 265 the completion of the duration ole pariculer deciee’ nce, pror to the completion of the dus ; ahr Ht wil cONTINUE IN operation or cease Pian hes nr vice of law shall be submitted by the executive on tae a : wnbly for approval. A committee of the Assembly shall ie both the law that delegates the authority to issue a ae a ee 50 a8 (0 ensure consistency in both, | 2, control over the E} the members of the Council of Ministers | participate in the deliber the Assembly, They have to answer the questions asked by the members. The Assembly can effectively control policy process by asking questions, moving resolutions and different motions. Parliamentary inquires is @ useful device to check the autocratic trends of the executive. The Assembly enjoys the most effective power to pass a ‘no confidence motion against the Cabinet and remove the ministers from the office. Such @ move is required to have the support of majority of the total strength of the House. ps (og eno oh commer to be ratifi ‘Nevertheless, agreements of commercial or economic character operative for less than a period of one year, are exempt from such approval. The As however, be informed about such =266 Grand National Assent for raising funds. The cole a the budgetary proposals and frequently Move cy, motions to tate tHe goverment. Certain items of expenditure are charged, the consolidated fund, a part of the budget on which discussion is possible tut no alterations are allowed 4, Judicial Powers, Through its legislative powers and fiscal control, Nationa) Assembly can incre ae aa Se judiciary and its working. It can also grant general amnest it if does not apply to the crimes committed against national ideology and country's solidarity. National Assembly exercises the right to confirm death sentences given by the courts. 5. Redressal of Grievances. Being a popular chamber, Grand National Assembly performs an important role to redress public grievances. During exhaustive deliberations on the floor of the House, public problems are thoroughly examined and freely discussed. Through their criticism and comments, the legislators act as a link between the policymakers and the public. By passing different resolutions, the House can express its opinion, condemning or appraising certain policies. 6. Parliamentary Enquiries. Request for holding parliamentary enquiry can be made with the support of one tenths of the total membership of National Assembly, against the ct or even ist Minister. =e case of its appro\ in, comprising fifteen members of different parliamentary parties, shall be constituted. The latter shall probe into the matter and submit its report within a period of which may be extended for After having recei report, the Assembly shall discuss it thoroughly and make final decision by majority vote. The affected party has the right to present its case in the ASSEMBLY AT WORK Session of Grand National Assembly starts at the beginning of throughout the year with regular intervals. The intervals, however, should not I President of the Republic is authori discretion or on the request Special session can be adjourned only after the issue has been jhly discussed for the consideration of which it has be ed. Grand National Assembly is fully competent to make its rules of procedure, normally standing rules of the previous Assemblies are acted ct ae. ie)267 ——— ventary group of political parties, is given proper time to Geliderations. The allocation of time is according to the ratio rength in the House. parliamentary party tur Nombess KReariived fe cory ind Voting. According to the procedural rules of the Assembly, wes ie thirds of the total number bers is required to carry on : and making decisions in the House. Allithié decisions ‘areitakert ll) yf maonty vole. If it's not possible for a minister to attend the session, he = Oe, embly. The Bureau of Assembly is constituted during its comprising President of the Republic, Vice President, Secretary, few 3 of the Assembly and that of the executive, all elected by the Grand Assembly. Every parliamentary party group gets representation in the etna to its numerical strength in the House. All members of reau are elected in two distinct groups for specific duration. One group is for a period of two years while the other one, elected in the second serves for two years. i rou Presiding Officer. Candidates to contest election for the office of the President of the Assembly are nominated within ten days after summoning of the first session. Moreover, the Assembly elects the Presiding officer by secret ballot. The electoral procedure covers different stages. A candidate is required taget the support of atleast two thirds member of the total membership for 4 apSOUUTE Majority SupD ‘Sumber of-votes at the Third stage. Any gets ‘oles at this stage shall deemed to be elected. The whole electoral procedure shall be completed within ten days. All matters such as quorum required for voting, i's method, number of vice Presidents of the Assembly, 0 sembly, Secretary etc, shall be decided according to the rules of the Assembly. The Presi or and Vice President of the Grand Assembly are required fo observe complete impartiality while the business of the House. They are ‘Supposed to avoid party lions and participation in the activities of any Political party. ), the jing officers do not exercise their right to aGrand National Assen, 268 vote on the floor of the House except the use of caeawoe order be a the deadlock created due to equal distribution of votes. ‘The Legislative Process. The routine parla) a a r rocess of law-making is followed in Grand National a be 7 Of fe bis introduced on the floor are government ot i ie eee i ini adings are given to , we Teale Committee examines the bill thorough submits is report to the House. If the House approves the bill at its thing Teading, itis sent for presidential approval jing received the bill from the House, the President of the Repubie either ae bill within specified period of eon tah OF send it for reconsideration by the Assembly. He may send his be! Proposals , ‘Suggest certain alterations in the bill. His discretion with regar 1 to the Money ‘bill is, however, limited: If the National Assembly approves the bill in its Figg form ignoring the recommendations of the President, the latter is not Competent to veto it. If National Assembly approves few alterations Suggested by the President and send it for presidential approval, the latter has the Tight to send it back once again for its review, The procedure of presidential approval with regard to bills relating fp Constitutional amendment is slightly different. In case of differences between the President and the National Assembly, the former is competent to hold feferendum to elicit public opinion and Popular verdict shall be final in this context, SUPREME ELECTION COUNCIL ‘Supreme Election Council has been established under the Constitution to ensure the holding of free and fait i Composition. The Council Consists of seven re of its members shall be elected by ti while Council of Sta ir substitutes. Sik Assembly of High ‘Court of Appeal, ite shall elect five Members from amongst ifs Own Paty Position in the Assembly after the elections held in November 2002 is he following: dustce and Development Paty, a religious under the leadership of Taye Ordoghan, swept the pols securing sea asa Deveaad eft Pary of Bue Ecevits 179 seats while independent candidates, got ten seats. True Path Paty Tanso Chiller and ANP both could not Secure even a single seat.—amparative Governments 269 =—mbership 10 represent in the Supreme Election Council. The members of mre ame Election Council, according to the Constitution, shall elect one pr . an and one vice chairman from amongst its own members by secret paliot 07 the basis of majority vote, nctions. The Supreme Election Council ensures the implementation of al Jaws during the elections. It has also to ensure that the candidates, election compaign use the names of registered parties only and ve other rules, according to the Political Parties Act. As a very large er of persons is required to conduct the polls, all government and semi ment departments depute their personnel to election duty. The judicial i form supervisory functions. Army troops may also for the maintenance of law and order.The Uy 270 —____ ee Chapter 6 THE JUDICIARY it lance has been given Under the Se ea Te oe ma oo Een pao their professional duties in impartial ma : ee of ‘Rule of Law’, No individual, aroun or rope has the Tight to intervene in the judicial procedure. No anne ts om ang ay question raised regarding sub-judicial matter. pul a 2 1or ies Tequired to abide by the rulings or decisions of the courts and ac! accordingly it rvice, Judges and public prosecutors! can not be Temoved ng pee fram ther service prior to the completion of their Servi Period except through due process of law. According to the Constitution, they enjoy ootan-prvloges wich sett tea back nor minimised, Cannot be deprived of their salaries even as a result of the at Nn of court post. ss Rules and Regulations, Service conditions of the judges and public Prosecutors, their rights and obligations, salary and allowances, rules of iscipli inquiry in the conduct of judges, prosecution on the basis of explicit charges, all such matters shall be dealt with under the rules framed according to the law and requirements regarding independence and impartiality of courts, Retirement age of judges and that Of public prosecutors is si yea, but distinct rules exist for judges of milita Courts. All matters relating Mee SMO oops ate tegdate supervision of the. Ministry of Justice, Al judges who perform administrative duties instead 0 Judicial “ones, also enjoy the same Privileges as are ensured to the Counterparts Performing judicial duties, = Judicial Procedure, All prosecution is done in the open sessions in whi ag 7 the case are SVEN full opportunity of deferice and allowed to enga by lunse| to this effect, Hearing of certain Cases may he held in the close doa! ae i 3 nag Involves the thai tenance of public peace lent ic i : dient ogee ory lenient ae et a a cessary and proper Measures have been ad Public Prosecutors are legal e ir “ e , operts who give advice to government and Tepresent tate “a adYr rative Governments an ensure ispensation of quick justice at minimum possible expenses. In ir decisions, the judges give their verdict i i jst and ovidenale ict in details including comments, 0 ganisation. py 8 vast network of courts o i a perates in Turkey, incorporating a Syrthesis of the judicial procedure based on ‘Rule of Law’ and at of ‘Administrative Law’. Hence separate judicial hierarchy works to settle I disputes and controvey les of technical nature, while distinct set of co ourt of the Security of State, Court of the Security of State has been ablished to decide all cases involving crimes committed against the stence of democratic system, sovereignty of the Constitution and security of It consists of the President of the Republic, few permanent and non it members, Public utors and their assistants. All the members _ b e ars be taken on appeal in the High Court of Appeals.jAfter-the yor Martial Law, Court of the Security of State in particular region, jed in Martial Law Court and its jurisdiction extended to all MartialLaw. The Ministry of justice nominatesijudicial with the task of observing the behaviour of the judges along tout. Normallyaiseniorjudgeiis deputed for conducting any inquiry Courts are established to settle all disputes my ranks and try all cases involving the breach of military ll such cases involving crimes committed in the military-controlled Gifring the performance of military duties, shall be decided by ey SUPERIOR COURTS Court. ‘The constitutional court consists of fifteen regular mate judges! The President of the Republic, according to the an, shallappoint two permanent judges and two substitutes from 0 Similarly few judges shall be taken from Military a e President of the Republic shall also include in the onal Court any one person out of the three nominees of the teaching ouncil of Higher Education’. One substitute shall also be taken from -lawyers-and-administrative officials. Hence the Constitutional in its composition, a number of superior agencies, As ‘qualifications preseribed for the membership ofThe Jy —— aniaelll yy, 50 she t be less than forly years OL, ‘Constitutional Court, a nominee should not — ofaae in superior educational institutions. ta, Constitutional f its mem Court shall elect one of and a freee oe Chrmoteby secret ballot an ai = During their membership of the Constitutional Court, fo engage in any commercial activity nor join any other sey Ne ig ns, Luge eat ie eae Buti shal be done af tate office fulfilled the requirements of law. The 1 on the Hasis’of the: v members of the | SE e made by and a e i exercises the power to examine all constitutional _ar lents_in order thatthe TEST wil he Consiuich SEE i Law, in War condiion-orattarthé lation of iew by the Constitutional Court, While ional validity of the Taws enacted by rand National Assembly, it has also to consider whether these were passed with the suppor of the majority votes on the floor of the National Assembly or not? Sei the total membership of National Assembly can also sue in Con Our for Tepeatet-eny-tawo fosecutors and its decision shall b is to be noted that judicial review ofthe Constitutional Court covers all administrative actions as well Nevertheless, the Steps taken and m a President in his own discretion andthe decisions of Judicial Teview. Hence no- court i Ss adversely affects the Step of any a stra within the orbit ofits discretionary powers. Procedure. The Constitutional Court decides al) majo oie ~ members; but is ducal i taken by two thirds majority. The rules of Procedure of this ———$—_——_——_ __ Which it has takenhe High Court from amongst its own members for 2 period ofJurisdictional Conflict Courts. confict of juns@icton between ig courts and fhe miltary cours arses, the matier shall be decides « Juiscicional Confict Court. ConsStufiona! Court nominates any ana fe Oncisna Coatestrinyorsttoot. the Constitutional Court ee "= !