Abstract

The paper argues that the British Empire strengthened an institution known as [Recognized/Enlisted] Maliki granting ‘so-called’ muwajjab, i.e., paid individuals allowances/benefits, both in cash and kind, to create an elite loyal to the Crown. Ostensibly Malik, the chief of a qawm, clan/subtribe/tribe, has been a liaison between his tribemen and the political administration in tribal areas (now FATA). He settles intra clan/subtribe/tribe disputes, as a member of a Jirga, relating to law and order. In 1867, Robert Sandeman introduced the Maliki system first in Baloch areas of Punjab (included then NWFP, now KP and tribal areas) and now Balochistan. Prior to the British occupation, a Malik has been an elder, ‘spingirey’, respected by his tribal segment owing to links in the genealogical chain. There exist three, almost hierarchical, types of Maliks, Those: (1)enlisted/appointed during the British era and in receipt of Lungi/kharcha; (2)selected/appointed from amongst Ayub Khan’s Basic Democrats in 1960s and in receipt of Lungi; (3)appointed Malik/lungi holder by the Political Agent, approved by the Governor of the then NWFP, now Khyber Pakhtunkhwa. The creation of hereditary privileged position has been against the spirit of egalitarian Pakhtun tribal customs and traditions. After independence, these Maliks became part of an electoral college that elected members of the lower house of parliament representing tribal areas of Pakistan till the introduction of Adult Franchise in 1996. In return for privileges, loyalty to the British Crown transformed into sale/purchase of votes for the powerful, not resolution of disputes or problems of tribesmen in the parliament. The Malik, a go between the tribesmen and the state could not bridge increasing gap between the state and the inhabitants of FATA. Extension of Peoples Representation Act 1976 to FATA allowed ordinary inhabitants to contest and cast vote to elect members of parliament, not Malik alone. A critical appraisal of the Maliki system in FATA-in relation to autonomous governance is required. Revisiting published sources and interviews with both stake/non-stake holders in FATA provide better understanding of good governance.