Eighteenth Amendment

Prepared By : Maaz Ur Rahman PSP

Historical Overview

 Political instability
 Imposition of Martial Laws
 Validation by Judiciary -- salus populi est suprema lex
Mujeeb’s Six Points

 Federation with parliamentary form of government---parliamentary

supremacy
 Two separate but convertible currencies – stop flight of capital from East
 Federal deal with Defence and Foreign Affairs
 Power of taxation with states with share for federal
 Two separate accounts for foreign exchange – both have free trade with
foreign countries
 East should have military
Charter of Democracy
 Military dictatorship and the nation cannot co-exist
 Strengthening federation
 Ensuring independence of judiciary
 FATA merger
 Abolition of Concurrent List and new NFC award
 GB issue
 Defence Cabinet Committee
 Army and judiciary to declare assets
 Free and fair election
 Protection of Fundamental Rights
 Provincial Autonomy
 Good governance and strengthening institution
 Election February 2008
 Address of AAZ to joint session on 28th March 2009 asked speaker to
constitute committee for constitutional reforms in the light of CoD
 Wrote letter to PM on 9th April 2009
 NA passed motion for All Parties Special Committee on 10th April 2009
 Senate passed Motion on 29th April 2009
 Later Parliamentary Committee on Constitutional Reforms consist of
27 members formed 23th June 2009
 Mian Raza Rabbani
 982 proposals from public
 Private members bill 91
 77 meetings
 Average 5 hours
 Total 385 hours for deliberation
 In-camera meeting no press release of its functioning
 102 Articles Amended

 Points of Eighteenth Amendment

 Parliaments refusal to validate Martial Law

 Granted Provincial Autonomy and Specified
Legislative Powers of Parliament
 Restricted use of Emergency Powers
 Strengthened Key Institutions – CCI ,ECP ,NEC,
NFC, LG
 Enhanced supremacy of Parliament
 Increased Senate Role
 Restored Parliamentary form of Government
 Removed Discretionary Powers of President
 Protected Fundamental Rights and Principles of
Policy
 Paved way for Independence of Judiciary
 Empowered Election Commission of Pakistan
 Accelerated Accountability and Transparency
 Issuance of Provisional Constitutional
Order 14th October 1999
 The constitution put in abeyance
 No Court shall have the powers to make any order against the Chief
Executive or any person exercising powers or jurisdiction under his authority
 The President shall act on, and in accordance with the advice of the Chief
Executive as well as the Governors
 No Court, Tribunal or other authority shall call or permit to be called in
question the proclamation of Emergency of 14th day of October, 1999
 Notwithstanding the abeyance of the provisions of the Constitution, but
subject to the Orders of the Chief Executive, all laws other than the
Constitution shall continue in force until altered, amended or repealed by the
Chief Executive or any authority designated by him
Legal Framework Order

 Chief Executive may make such provisions and pass or

promulgate such orders for amending the Constitution
 Revival of the Constitution
 58(2)(b) revived
 112(2)(b) revived
 President appoint Caretaker Government
 Local Government
 General Election
17th Amendment

 Hold office of profit

 LFO incorporated---article 270 AA
 Power of Dissolution 58(2)(B) and 112(2)(B) --approval
from SC
 41(8)(9) added CEC –endorsement of Musharraf election
 Parliament refused to validate Martial Law
OR Strengthened Democracy

1. Amendment in Article 6
 abrogates or subverts or suspends or holds in
abeyance
 Or aiding or abetting or collaborating
 SC and HC could not validate
2. 17th Amendment Repealed
 Granted Provincial Autonomy
and specified legislative Powers of Parliament

 Previously two lists: Federal and Concurrent

 Concurrent list – 47 subjects , dissolved
 36 subjects given to Provinces 18 ministries
 Food and Agriculture, Sports, Women Development, Minorities, Affairs, Labour and
Manpower, Environment and Health, Education, Social welfare, Tourism, Population
Planning, Livestock, Youth affairs, Culture
 Now
 Federal List but two Parts
 Part 1 ---59 subjects federal authority
 Part 2 ---18 subjects shared Responsibility
 Restricted Use of Emergency Powers

 Article 232 – president impose emergency on the advice of PM after approval

from joint session of both houses

 Article 233 –Fundamental Rights be protected

 Article 234 – Emergency in Provinces be imposed by president when a

resolution is passed from provincial assembly then approval from parliament
 Law would be enacted by parliament
 Improved Centre Provinces Relations

 Role of CCI increased – Article 153, 154, 155

 President appoint CCI members within 30 days after general election
 PM head
 4CMs
 Three members from Federal Government
 federal list part 2 responsibility
 National Economic Council
Article 156
 PM Chairman
 CMs and one member from each province to be nominated by CM
 4 other members to be nominated by PM
 Formulate plans for financial matters in the light of PoP
 Chairman summon its meetings or requisition by one-half
 Quorum one-half and least meet twice in a year
 Submit annual report to Majlis-e-Shoora
 National Finance Commission
Article 160
 Within Six months of the Commencing Day president appoint its members for
5 years
 Federal Finance Minister
 Provincial Finance Ministers
 Such other members may be appointed by president with consultation of
Governors
 Annual report before Parliament and Provincial Assemblies
Issuance of NFC award ---to distribute Net Proceed of
Taxes

Previously– 5th NFC Award

 57 % for federal government
 43 % for provinces which was previously
distributed on the basis of Population
7th NFC Award
 1 % for WoT
 2 % for federal consolidated fund
 97 % to be distributed among federal
government and units
Now …..57.5 % for provinces
 42.5 % for federal
 Population -- 82 %
Poverty and Backwardness –10.3 %
Revenue collection and generation –5%
Inverse population density --2.7 %
 Balochistan –9.09%
 KP—14.62%
 Punjab --51.74%
 Sindh ---24.55%
 Enhanced Supremacy of Parliament

 Power of dissolution under 58 (2) (b) abolished

 Parliamentary checks increased
 Say in Emergency Powers
 Contribution in appointment of Judges and members of ECP
 Senate role enhanced
 Increased Role of Senate

 Money Bill review in 14 days ,previously 7 days ,make recommendation –

article 73
 Ordinances ,Senate and NA both not in session –Article 89
 Cabinet members responsible to both NA and Senate –Article 91 (4)
 Contribution in parliamentary committee for the appointment of Judges and
members of ECP , approval of proclamation of Emergency –Article 175 A ,
213 respectively
 Reports –POP ,CCI ,NEC ,NFC
 Empowered Election Commission of
Pakistan – Article 213--218
 ECP consist of
 Chief Election Commissioner
 And Four other members, one from each province
 PM and Leader of Opposition give three names to the Parliamentary Committee
 Parliamentary Committee consist of 12 members headed by Speaker ,half from
treasury and half from opposition
 Paved way for Independence of
Judiciary
 Judicial Commission consist of
 – CJP, Four senior judges of SC , former CJ or judge of SC ,Federal Law minister ,
Attorney General ,senior advocate

 Parliamentary Committee
 –8 members , 4 from treasury and 4 from opposition, two from each house
 Protected Fundamental Rights and
Principles of Policy
 Article 10 A—Right to Fair Trail
 Article 19 A – Right to Information
 Article 25 A– Free and Compulsory Education
 Article 38 -- Share of provinces in federal services be secured
 Restored Parliamentary Form of
Government
 Executive authority be exercised by federal government consist of PM and
Cabinet Article 90
 CM in provinces article 105
 Removal of individual discretion
 President act on the advice of PM and Cabinet
 President assent time reduced to 10 days
 Removal of Discretionary Powers

 Appointment of judges through Judicial Commission and Parliamentary

Committee
 Appointment of members of ECP through Parliamentary committee
 Restricted use of Emergency powers
 Abolition of dissolution of National Assembly
 Appointments of FPSC chairman ,Army Chiefs
 Appointment of Caretaker Government
Devolved Powers to Local Government
Institutions
 Article 140(A)
 Each province by law devolve political ,administrative and financial
responsibilities to local authorities
 Accelerated Accountability and
Transparency
 Parliamentary Checks
 Informed masses could make officials accountable
 Controlled misuse of authority
 Critical Analysis

 Reduction in federal revenue generation

 National education policy
 Population planning
 Centralized provincial authority
 Weak local government institutions