18th Ammendment

7/31/2019 18th Ammendment

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18TH

AMMENDMENT

(the Eighteenth Amendment) of the Constitution of Pakistan, was passed by the

National Assembly of Pakistan on April 8, 2010, 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.[1]

The package is expected to counter the sweeping powers

amassed by the Presidency under former Presidents General Pervez Musharrafand

General Muhammad Zia-ul-Haq and to ease political instability in Pakistan.[2][3]

The

'historic' bill reverses many infringements on Constitution of Pakistan over several

decades by its military rulers.[2]The amendment bill was passed by the Senate of

Pakistan on April 15, 2010 and became an act of parliament when a smiling President

Asif Ali Zardari put his signature on the bill on April 19, 2010. It was the first time in the

history of Pakistan that a president relinquished a significant part of his powers willingly

and transferred them to parliament and the office of the prime minister.

Reportedly the draft of what is to become the 18th Amendment itself includes 95amendments to the 1973 Constitution. These 95 amendments will effect 70 Articles of

the existing Constitutions. There are three schedules and one Annexure in the draft

package.

In particular, the 18th Amendment will undo the impacts of the 8th Amendment (enactedby Gen. Zia ul Haq) which had altered over 90 Articles of the Constitution, and the 17thAmendment (enacted by Gen. Pervez Musharraf) which had altered 26 Articles of the

Constitution.

The famed article 58 (2) (b), which had first been inserted into the Constitution by Gen.Zia ul Haq and allows the President to dissolve Parliament, and which was re-enacted by

Gen. Pervez Musharraf, has been removed from the Constitution in the draft.

The new name of the NWFP is to be Khyber-Pakhtunkwa. The PML-N which had longheld out on this issue has reportedly agreed to this name change, although PML-Q has

maintained some reservations to it as has PPP-Sherpao.

On the other controversial issue of the composition of the Judicial Commission, thePML-N proposal of adding a seventh member who is a retired Supreme Court Judge has

been accepted.

The draft proposes removal of many past amendments added by military rulers, includingthe 17th Amendment.
http://en.wikipedia.org/wiki/National_Assembly_of_Pakistanhttp://en.wikipedia.org/wiki/President_of_Pakistanhttp://en.wikipedia.org/wiki/President_of_Pakistanhttp://en.wikipedia.org/wiki/Parliament_of_Pakistanhttp://en.wikipedia.org/wiki/Semi-presidential_systemhttp://en.wikipedia.org/wiki/Semi-presidential_systemhttp://en.wikipedia.org/wiki/Parliamentary_republichttp://en.wikipedia.org/wiki/North-West_Frontier_Provincehttp://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-CNN1-0http://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-CNN1-0http://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-CNN1-0http://en.wikipedia.org/wiki/List_of_Presidents_of_Pakistanhttp://en.wikipedia.org/wiki/General_Pervez_Musharrafhttp://en.wikipedia.org/wiki/General_Muhammad_Zia-ul-Haqhttp://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/Constitution_of_Pakistanhttp://en.wikipedia.org/wiki/Military_dictatorshiphttp://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/Senate_of_Pakistanhttp://en.wikipedia.org/wiki/Senate_of_Pakistanhttp://en.wikipedia.org/wiki/Asif_Ali_Zardarihttp://en.wikipedia.org/wiki/Asif_Ali_Zardarihttp://en.wikipedia.org/wiki/Senate_of_Pakistanhttp://en.wikipedia.org/wiki/Senate_of_Pakistanhttp://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/Military_dictatorshiphttp://en.wikipedia.org/wiki/Constitution_of_Pakistanhttp://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-Telegraph-1http://en.wikipedia.org/wiki/General_Muhammad_Zia-ul-Haqhttp://en.wikipedia.org/wiki/General_Pervez_Musharrafhttp://en.wikipedia.org/wiki/List_of_Presidents_of_Pakistanhttp://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan#cite_note-CNN1-0http://en.wikipedia.org/wiki/North-West_Frontier_Provincehttp://en.wikipedia.org/wiki/Parliamentary_republichttp://en.wikipedia.org/wiki/Semi-presidential_systemhttp://en.wikipedia.org/wiki/Semi-presidential_systemhttp://en.wikipedia.org/wiki/Parliament_of_Pakistanhttp://en.wikipedia.org/wiki/President_of_Pakistanhttp://en.wikipedia.org/wiki/President_of_Pakistanhttp://en.wikipedia.org/wiki/National_Assembly_of_Pakistan


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The draft abolishes the concurrent list and gives much more provincial autonomy thanis now available to the provinces. The Council of Common Interest has been given

additional powers and the provinces have been given more say on national matters by

enhancing their representation in the council.

Parliament should declare the 17th Amendment to the Constitution and the LegalFramework Order (LFO) given by a dictator as without any legal authority and

should be repealed. NWFP should be renamed as Khyber Pakhtoonkhwa. Good Governance by restricting the size of the Cabinet in to 11 per cent of the

members of Parliament and respective Provinces. Four seats, one from each province, should be allocated in the Senate for the

minorities to increase their strength.

It has been recommended that education to each child up to the age of 16 years bemade compulsory.

Formation of the council of common interests should be revised with prime minister asits chairman. The council should meet at least once in 90 days besides abolition of theConcurrent List.

Prime Minister shall keep the president informed on all matters of internal and foreignpolicy and on all legislative proposals the federal government intends to bring before theMajlis-e-Shoora (parliament).

President could use the power of dissolution of the National Assembly when a vote ofno-confidence having been passed against the prime minister, no other member ofthe National Assembly commands the confidence of the majority of the members of the

National Assembly, in accordance with the provisions of the Constitution, as ascertained

in a session of the National Assembly for the purpose.

For the determination of his civil rights and obligations or in any criminal chargeagainst him, a person shall be entitled to a fair trial and due process.

Under-representation of any class or area in the service of Pakistan may be redressed insuch manner as may be determined by an act of Majlis-e-Shoora (parliament).

Restriction imposed on the attorney general for doing private practice. Inexpensive and expeditious justice should be ensured to the people as also the right of

access to information without any hurdle.

The prime minister shall, in consultation with the leader of the opposition in theNational Assembly, forward three names for appointment of the Chief ElectionCommissioner to a parliamentary committee for hearing and confirmation of any one

person.

The parliamentary committee, to be constituted by the speaker, shall comprise 50per cent from the opposition parties, based on their strength in Parliament to benominated by the respective parliamentary leaders. In case there is no consensus

between the prime minister and the leader of the opposition, each shall forward separatelists to the parliamentary committee for consideration, which may confirm one name.

The total strength of the parliamentary committee shall not exceed 12 members out ofwhich one-third shall be from the Senate. Provided that when the National Assembly isdissolved and a vacancy occurs in the office of the chief election commissioner, the

parliamentary committee shall comprise the members of the Senate only.


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There shall be no restriction on the number ofterms for the offices of the primeminister and chief ministers.

Prime minister would advise the president on appointment of the chairman of thechiefs of staff committee and chiefs of three armed forces.

The Senate shall consist of104 instead of 100 members with the addition of oneminority member from each province.

Working days of the Senate have been increased from 90 to 110. Restriction on a person who has been dismissed from the service of Pakistan, service of

a corporation or office set up or controlled by the federal government or the provincialgovernment on ground of misconduct has been lifted. According to this amendment, a

person could be elected as MP, three or five years after dismissal from the service.

A person shall be disqualified from being elected or chosen as, and from being, amember of parliament if he has been dismissed from the service of Pakistan or service

of a corporation or office set up or, controlled, by the federal government, the provincial

government or a local government on ground of misconduct, unless a period of five

years since his removal or dismissal; or unless a period of three years has elapsed since

his removal or compulsory retirement. The restriction on a person being elected as member of parliament, who has been

convicted by a court of competent jurisdiction for propagating any opinion, or acting inany manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or

security of Pakistan, or integrity or independence of the judiciary of Pakistan, or which

defames or bring into ridicule the judiciary or the armed forces of Pakistan, unless a

period of five years has elapsed since his release.

Chairman of the Federal Public Service Commission would be appointed by thepresident on the advice of the prime minister. Similarly, chairmen of the provincial

public service commissions would be appointed by the governors on the advice of chiefministers.

Proclamation of emergency in the province due to internal disturbances wouldrequire a resolution from the provincial assembly.

If the president acts on his own, the proclamation of emergency shall be placed beforeboth houses of parliament for approval by each house within 10 days.

On dissolution of the assembly or completion of its term, or in case it is dissolved underArticle 58 or Article 112, a caretaker shall be selected by the president in

consultation with the prime minister and the leader of the opposition in theoutgoing National Assembly. Similarly, a caretaker chief minister will be appointed in

consultation with the chief minister and the leader of the opposition in the outgoingprovincial assembly.

Proclamation of emergency of the fourteenth day of October, 1999, the ProvisionalConstitution Order (PCO) No 1, the Oath of Office (Judges) Order, 2000, Chief

Executive Order No 12 of 2002, Chief Executive Order No 19 of 2002, the

amendments made in the Constitution through LFO, 2002, (Chief Executive Order

No 24), the LFO (Amendment) Order, 2002, Chief Executives Order No 29 of

2002) and the LFO (Second Amendment) Order, 2002 (Chief Executive Order No

32 of 2002), notwithstanding any judgment of any court, including the Supreme

Court or a High Court, are hereby declared as having been made without lawful

authority and of no legal effect.


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Judges of the Supreme Court, High Courts and Federal Shariat Court who werecontinuing to hold the office of a judge or were appointed as such, and had taken oathunder the Oath of Office (Judges) Order 2000, shall be deemed to continue to hold the

office as judge or appointed as such as the case may be, under the Constitution and such

continuance or appointment, shall have effect accordingly.

Appointment of judges to the Supreme Court, there shall be a judicial commission.For appointment of judges of the Supreme Court, the commission, headed by the

chief justice of Pakistan, shall also consist of two most senior judges of the apex

court, a former chief justice or a former judge of the Supreme Court to be

appointed by the chief justice in consultation with two member judges for a period

of two years, federal minister for law and justice, Attorney General for Pakistan,

and a senior advocate of the Supreme Court of Pakistan to be nominated by the

Pakistan Bar Council for a period of two years. The judicial commission for the appointment of High Court judge, headed by the chief

justice of the High Court, would also include two most senior judges of the High Court,

provincial law minister, a senior advocate to be nominated by the provincial bar council.

For appointment of judges of the Federal Shariat Court, the judicial commission shallalso include the chief justice of the Shariat Court and the most senior judge of that court

as its members.

Article 58-2(b) should be repealed and substituted with Dissolution of theNational Assembly.

The substitution clause says that the president shall dissolve the National Assemblyif so advised by the prime minister, and the National Assembly shall, unless sooner

dissolved, stand dissolved at the expiration of forty-eight hours after the prime

minister has so advised. Notwithstanding anything contained in Clause 2 of Article

48, the president may also dissolve the National Assembly in his discretion where, a

vote of no-confidence having been passed against the prime minister, no other

member of the National Assembly commands the confidence of the majority of the

members of the National Assembly in accordance with the provision of the

Constitution, as ascertained in a session of the National Assembly summoned for

the purpose. Passing of the bills: Recommended substitution in Article 70 with introduction of

passing of bills, adding that a bill with respect to any matter in the Federal LegislativeList may originate in either house and shall, if it is passed by the house in which it

originated, be transmitted to the other house and if the bill is passed without amendment

by the other house also, it shall be presented to the president for assent.

Bills presented in the house but not passed within 90 days of laying in the House shallbe considered in a joint sitting of parliament.

Islamabad High Court to be established and the judges of the Islamabad HighCourt should be taken from the federal capital and four provinces.

Documents

18th Ammendment