The establishment of a central command and control system to manage nuclear infrastructure and strategic assets is a predominant aspect of nuclear decision-making in any nuclear weapon state. It requires legal cover for its credibility and smooth function. Though the Pakistan’s National Command Authority (NCA) has been in existence since 1999, but missing a statutory cover as a whole. Nonetheless, there were number of laws, which collectively not only ensure its smooth function, but also legalize NCA operation.
President Pervez Musharraf promulgated the NCA Ordinance on December 13, 2007. The enforcement of Ordinance transformed Pakistan’s defacto nuclear command and control system into dejure arrangement. Simultaneously, the issuance of Ordinance necessitated that the NCA should be debated in the forthcoming Parliament (Majili-e-Shoora) of Pakistan, which was not taken up by the previous parliament. It is a right step in the right direction provided that the new elected political elite would debate it seriously before passing it.
The defacto setup
The NCA’s likely structure and responsibilities were certainly conceived even prior to the nuclear weapons testing in May 1998, but the informal structure was developed and put in place in 1999 and formal announcement came on February 2, 2000. It disseminated information about the three tier institutional structure over country’s nuclear weapons. The Employment Control Committee and Development Control Committee, constituted one tier; the Strategic Plans Division (SPD) second tier; and the three services’ strategic forces command third tier. The chairman and vice chairman of the NCA were the Head of the state (President) and Head of the government (Prime Minister), respectively. The Strategic Plans Division was the secretariat of NCA.
The head of state, President of Pakistan, chaired the apex Employment Control Committee. As the names suggested the Employment Control Committee dealt with what could be defined broadly as “nuclear strategy” including targeting policy and the conduct of nuclear operations. It provides policy directions in the peacetime and has the authority to order, control and direct use/employment of tri-services strategic forces during war. On January 6, 2003, the NCA headed by President Gen Pervez Musharraf announced that a “unanimous decision” would be taken for using nuclear weapons. It was made clear that no individual, including the president of Pakistan, was authorised to use nuclear weapons. This arrangement thwarts the possibility of any irrational decision by an individual. Hence, the decision making process was based on the concept of consensus. Secondly, the list of the members of the committee manifested that overwhelming civilian representation was in the Employment Control Committee. In addition to the chairman (Head of the state) and vice chairman (Head of the government), the other members were: Minister of foreign affairs (deputy chairman), other members included; Minister of Defense, Minister of Interior, Chairman Joint Chiefs of Staff Committee, Services chiefs, Director-general of Strategic Plans Division and, technical advisers and others, as required by the chairman.
The Development Control Committee dealt with the planning and development of nuclear forces. It exercises day-to-day technical, financial and administrative control over the strategic organisations and also oversees the systematic development of strategic weapons programme. The Chairman was Head of the State, Vice Chairman is Head of the Government and Deputy Chairman was CJCSC. The other members were: Services chiefs -- Army, Air force and Navy; head of concerned strategic organisations i.e. scientists and Director General Strategic Plans Division as secretary.
The Strategic Plans Division was a secretariat to the NCA and is entrusted with the task of developing and management of Pakistan’s nuclear capability in all dimensions whether operational, planning, weapons development, arms control and disarmament affairs, command and control, storage, safety, budgets, etc. In simple words, SPD works on behalf of the NCA. Director General heads it. In addition to SPD, the separate strategic forces commands had been raised in all the three services. The services retain training, technical and administrative control over their strategic forces. But the operational planning and control, rests entirely with the NCA.
The dejure setup
The Ordinance No LXX of 2007, which came into force at once and extends to the whole of Pakistan, provides the Constitution and establishment of National Command Authority. The careful reading of the Ordinance reveals that it does not contradict or reverse the existed NCA system. It states, “The National Command Authority already established by the competent authority shall deem to be the Authority established under this Ordinance.” The Chairman of the Authority shall be the President of Pakistan and vice-chairman of the Authority shall be the Prime Minister. The other ex-officio members of the Authority shall be the Minister for Foreign Affairs; Minister for Defense; Minister for Finance; Minister for Interior; Chairman Joint Chiefs of Staff Committee; Chief of Army Staff; Chief of Naval Staff; Chief Air Staff; and Director General Strategic Plans Division. The Director General SPD shall act as the Secretary of the Authority.
The critical evaluation of the Ordinance manifests its high quality and answers many questions about Pakistan’ nuclear programme. Despite it, there are certain areas, which need cautious, impartial and objective strategic discourse. For instance, the Ordinance seems not explicit over the mechanism of decision-making in the NCA meeting, i.e., by simple majority of total members or by consensus of the entire members of the NCA, etc. No doubt, the section 4 of the Ordinance states the power of the Chairman (President), i.e., “All the powers and functions of the Authority shall vest in the chairman who may, subject to such limitations as he may specify, delegate all or any of these powers and functions to Director General Strategic Plans Division or such other person as he may deem appropriate.” The simple reading of this section generate impression that Chairman is the omnipotent and remaining all members including vice chairman have only advisory role without a binding force on the Chairman’s decision in the affairs of National Command Authority.
The important aspect of the Ordinance is that it provides a legal document on the NCA containing details regarding the command and control over research, development, production and use of nuclear and space technologies of Pakistan. It also provides information about the safety and security mechanism that ensure safety and security of all personal (employees serving and retired), facilities, information, installations or strategic organisations -- Pakistan Atomic Energy Agency Commission, Dr A Q Khan Research Laboratories (KRL) and Space and Upper Atmosphere Research Commission. The majority of the clauses reflect that present government is very conscious about the safety and security of its nuclear assets. It laid the legal framework to obstruct any illegitimate act, which undermines the security of Pakistan’s nuclear programme.
Parliamentary Debate inevitable
The preamble of the Ordinance states that the President of Pakistan in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan was pleased to make and promulgate the NCA Ordinance. Importantly, the clause (2), section (a) graph (ii) of the Article 89 necessitate that this Ordinance shall be laid before both Houses of the parliament and shall stand repealed at the expiration of four months from its promulgation or if before the expiration of that period a resolution disapproving it is passed by either House. This Constitutional requirement certainly brought the Ordinance in the parliament and would give opportunity to the elected members to debate the important issue.
To conclude, the NCA Ordinance is an important initiative by the present government to strengthen the command and control system of nuclear weapons and to counter the anti-Pakistan nuclear lobby propaganda. At the same time, it is imperative that the political elite should debate the NCA bill seriously and vigilantly in the next parliament.
