Eighteenth Amendment to the Constitution of Pakistan

The Eighteenth Amendment of the Constitution of Pakistan (Urdu: آئین پاکستان میں اٹھارہویں ترمیم) was passed by the National Assembly of Pakistan on April 8, 2010,^[1] removing the power of the President of Pakistan to dissolve the Parliament unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic, and renaming North-West Frontier Province to Khyber Pakhtunkhwa.^[2] It also gave self-governing, legislative and financial autonomy to provincial authorities. The package was intended to counter the sweeping powers amassed by the presidency under former presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq and to ease political instability in Pakistan.^[3]^[4] The bill reversed many infringements on the Constitution of Pakistan over several decades by its military rulers.^[3] The amendment bill was passed by the Senate of Pakistan on April 15, 2010 and it became an act of parliament when President Asif Ali Zardari signed the bill on April 19, 2010. It was the first time in Pakistan's history that a president relinquished a significant part of his powers willingly and transferred them to parliament and the office of the prime minister.

Background[edit]

The power of the president to dissolve the Parliament was enacted by the Eighth Amendment to the Constitution of Pakistan during the presidency of Gen. Muhammad Zia-ul-Haq, before it was removed by then-prime minister Nawaz Sharif during his second term by the Thirteenth Amendment. It was finally restored during the presidency of Gen. Pervez Musharraf by the Seventeenth Amendment.^[2] This bill is the first bill since 1973 to decrease the powers of the president.^[5]

Back then, this amounted to the only democratically elected parliament to fully complete its tenure in the history of Pakistan from 2003–2008, albeit under Musharraf. The second complete parliamentary term was completed by the PPP led government from 2008–2013 which had in fact passed the 18th Amendment. However, this 2008–2013 term is often touted to be the first complete democratic change of power without a military president or a coup d'etat in Pakistan.^[4]

The name of the former president of Pakistan, Gen Zia-ul-haq, has been removed from the text of Constitution

The 17th Amendment and Legal Framework Order as introduced by Musharraf has been repealed

Turning Pakistan from a to a parliamentary republic

semi-presidential

The Self-governing, legislative and financial autonomy was granted to the

Provinces

has been renamed to Khyber Pakhtunkhwa

North-West Frontier Province

The ban on third time prime ministership and chief ministership has been lifted

Holding constitution in abeyance is tantamount to high treason

The (CCI) has been reconstituted with the prime minister as its chairperson and the body should meet at least once in 90 days

Council of Common Interests

The restructuring of (NFC Award)

National Finance Commission Award

A will recommend the appointment procedure of superior judges and the final names of judges will be decided by parliamentary commission

Independent judicial commission

A Chief Election Commissioner will be appointed through consensus between treasury and opposition

Establishment of and benches of high courts in Mingora and Turbat

Islamabad High Court

Recognition of the children's right to education and insertion of a new section under Article 25A to provide constitutional guarantee that state will provide free and compulsory education to all girls and boys up to age 16.

The power to dissolve the parliament was withdrawn from the President.

The major new features were also introduced into the constitution, including the following:

Response[edit]

Ahmed Kurd, former president of the Supreme Court Bar Association of Pakistan, said "We fully support the 18th Amendment. It is tantamount to the overhauling of the constitution, which had been subverted by military dictators since its inception. In the past, parliaments have just been 'rubber stamps', whereas the present parliament seemed to be well aware of its obligations, and therefore, was 'throwing out' the 'unconstitutional' amendments."^[9]