18th Amendment ROUGH

WORK
1. Demand for provincial autonomy in jinnah 14 points
2. Lahore resolution and cry for provincial autonomy
3. Sheikh mujib before separation of east ppakistan six points and plea for
provincial autonomy
4. Musicial chair politics- 90’s era (presidential system 8th amendment zia 582b
introduced…. and demand for provincial autonomy
5. Charter of Democracy May 14 2006.
Provincial autonomy is defined as the capacity of the provinces to make relatively
independent decisions while remaining within a federation.
HISTORY of 18th Amendment2
 20th Sept 2008 president zardari calls for formation of committee
 Parliamentary committee for constitutional reforms
 Total memebers, 27
 Chairman: Raza Rabbani
 Total sessions 77
 8 April 2010 national assembly
 15th april 2010 senate
 19th april receives presidential assent
KEY ASPECTS:
 1/3rd constitution
 Amended 102 articles
 Rewritten the federal provincial pact.
The most comprehensive restructuring of the federal and provincial
administration since 1947- Senator Raza Rabbani
New Constitutional Software of Pakistan—Dr saeed shafqat
Refurbished the hardware of the statecraft—Zahid Hussain
AMENDED ARTICLES
SKETCH
1. Political
(Autonomy Provincial) –Concurrent list contains the both federal and provincial
subject … both concurrent list and provincial list were removed.
2. Supremacy of Parliament
Article 58.2.b removed
3. Elections reforms
4. Local government system
2. Economical
Criticism due to NFC AWARD. Mechanism by which revenue of the State divided
between federation and provinces and further division of revenue between
provinces.18th amendment brought changes in NFC, that federation cannot make
changes in NFC award meaning thereby once share fixed it can be increased but
federation cannot decrease it.
AMENDED ARTICLES:
3. Social
10-A Right to Fair trial
19-A Right to information
25A Right to education
FINANCIAL AUTONOMY REFORMS
BONE OF CONTENTION OF 18th Amendment/ CROWN of 18th Amendment
Article 60 Clause 3 Share if the provinces will not be reduced.
42.5% Centre and 57.5% Provinces
Provinces distribution clauses.
PROVINCIAL AUTONOMY
Part II of 4th Schedule expanded.
Devolving 46 subjects and 17 ministries to federating units.
DIVISION OF NATURAL RESOURCES
Article 172 equal distribution between provinces and federal government of natural
resources.
Eg. REBO DIG CASE
EMPOWERING LOCAL GOVERNMENT
Inserting Article 140 A
Province shall establish a local government system
Criticism: unlike NFC award related to provinces, for local government it is not
added.
CONSENSUS BASED DECISIONS
Appointment of Chief Election Commissioner Article 213
Appointment of Caretaker Prime Minister Article 224
EMPOWERING DEMOCRATIC CULTURE
Removing the infamous Article 58.2.b instituted by the President Musharraf which
granted the power of unilaterally dismissal of parliament under vague emergency
provision. Premature dismissal of elected governments under article 58.2.b of the
constitution in 1990’s before they could complete their terms was a severe setback
to the maturing of democracy.
Article 6 High Treason
ENSURING SEPARATION OF POWER
Article 175.A Judicial commission of Pakistan for appointment of the judges.
MUTUAL DECISION MAKING
Council of Common Interest CCI Article 153
MERITS OF18th Amendment
RISKS OF 18th Amendment/ Criticism of 18th Amendment
1. Function Finance Imbalance.
2. Finance sharing on new problems.
3. Joint and Equal ownership of natural resources: a breeding ground for
contention
4. Tax issues
1. Service tax and agricultural tax
QUESTIONS
Q> How 18th Amendment empowered Provincial Autonomy?
Q How 18th Amendment ensured democractic rights in the country ?
Q? What is the Criticism of 18th Amendment ?