https://www.youtube.com/watch?

v=NcuWe41TVuc

Why 18th Amendment?

- Non political forces (jud, milit, bureau) didn’t let democracy mature as political system was
weak. Led to bad governance and major issues. Ex- Bangladesh separation because we
couldn’t give them their democratic right. National disintegration.
- 1973- Parlimantry form of system. PM with all powers. However, with Zia’s 1979 abrogation
of Govt and made 8th Amendment: 58 (2b)- President have power to dismantle Govt and
assembly via Doctrine of Neccessity.
1985-2000 -> Change of Govts on 58 (2b).
Nawaz’s 13th Amendment -> Ended 58 (2b) but Mushrraf still took over.
17th Amendment – Musharraf did same as 8 th of enhancing President’s power

18th Amendment – PPP: Stopped non-democrating from intervening in democratic process,

made president a ceremonial designation, concept of devolution of power till the provinces.

Features

Article 6: Any person who suspends or abrogates will have to die :3. Bhutto introduced but Zia still
took over.
18th Amendment again implemented Article 6: Any person who directly or indirectly abrogates or
serves to be found in abrogating constituition … must die.

Presidents power: Used to nominate PM, Army Chief, Judge, place emergency in province.
18th Amendment gave it a ceremonial designation and took away its powers

Provincial Autonomy: Earlier President may place emergency on province and sent democratic govt
home and administer it via Governor. Nnw, President has to take 2/3 vote on concerned
implementation of emergency. Else no scene.

73 Constituion has few divisions of state dept into Federal (Central Govt) and Concurrent List (Both
Central and Provincial- Clash will lead to Central’s policy).
18th Amendment: Ended Concurrent list, and introduced old Federal list part 1 (Center’s) and Federal
list part 2 list (For Provincial autonomously).

Expanded two organisation: National Economic Council and Council of Common Interest
CCI- Chairman is PM + 4 Chief Minister and their Rep + PM’s nominated ppl in NA= 15 people.
Objective is to resolve the clashes between Fed and provincial bodies.
NEC- Similar structure. Objective is to make economic policies, budget, development plan which
serves the Govt and provinces. It looks after the NFC Awards. NFC Awards – Every 5 year Fed govt
will develop plan and distribute its resources to provinces with technique of based on population
and natural resources presence in each province. (Fed-> Provinces-> Cities-> Districts)

Judicial appointment. 18th Amendment made Judicial commission comprises of Judges, Chief Justice,
HC Chief Justice, Former Chief Justice, AG, Law Minister and others- Judicial comission will send
names to parliamentry comittees and select names for appointments. 19 th Amendment removed
role of Parliamentry and gave it to directly to Judicial comission
Changed names of Provinces – NWFP to KPK.

Basic idea which aimed to flourish democracy and give devolution of power to improve governance

Analysis

Stop of Marshal law

Consistent Govt and stability
No direct military intervention
Provincial autonomy has improved Governance little bit but still room and conflicts.

Short comings

Govt says some issues in 18th Amendment which is interfering with Governance:
1. End of concurrent list has created issues. End of collaboration between Fed and provincial body.
Societal level issues: Marriage between Sindh, Domiciles, Divorce across province, … Conflicting
legislature
Some subjects to issues towards province made disater: For ex Education. Every province has its own
education system. Punjab- Pvt sector. Baloch and NWFP Madaris. National integration is missing in
education. This has led to divisions in society- Pvt, Public, and Madaris school. Similar for Health-
missing national integration. Issue of Poilice orders updated late.

2. NFC Awards- Condition of a) Responsibility of paying out revenues b) Exceeding the previous
higher watermark. Now, if revenue hasn’t generated, how will it be distributed. NFC govt stuck and
not improved. c) We’ve informal economy but responsibility of collection is federal while provincial
is spending. Govt generates more from indirect tax (Direct on consumption) and less direct tax. This
brings the inflation.
35th Amendment combined FATA and KPK i.e. Greater Population and natural resources -> Greater
amount NFC award.

PTI is proposing to debate and resolve this issue.

Corona- Fed says to have uniform policy but 18 th Amendment is restricting.

To bring amendement, 2/3 majority must be there in national assembly and senate -> Hence, bring
together the political parties.