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Object 2
1

18th AMENDMENT

1. Discretionary Powers of the President Repelled:

2. Provincial Autonomy:
3. Other Features:

• i. Renaming of NWFP as Khyber Pukhtoonkhwa (KPK)

• ii. Repulsion of Legal Frame Order (LFO)
Object 3

• iii. Ban on third time premiership and chief minister ship annulled.
• iv. Central and provincial cabinets would be restricted to 11 % of the total
members of National and Provincial Assemblies.
• v. Members of senate are increased to 104, as four more seats are given to
minorities in the senate.
• vi. Appointment of Judges would be done by Judicial Commission (A
controversial issuer that was solved through 19th Amendment).

19th Amendment

•Number of Judicial commission would be 8. Four of them would be th Judges of

supreme court, chief justice of supreme court. A representative of the supreme court,
Bar Association, Attorney General, Federal Law Minister.
•Parliament committee for judges’ appointment would consist of 8 members. Four from
the senate and four from the Lower House.
•Recommendations would be made by the judicial commission to the parliamentary
committee. If the parliamentary committee rejects the recommendations of the judicial
commission. Then the parliamentary committee has to give an explanatory note for
that.

20th Amendment

•Aimed to empowering the Election Commission of Pakistan

•Election Commission an independent body and will enable formulation of institutions
that would act as neutral caretaker set ups.
•The Bill will be giving the power to the Election Commission of Pakistan to set up
independent as well as unbiased structures that would be established at the center as
well as the provinces so that the carrying out of fair as well as transparent elections
would be done.

21st Amentment
18th Constitutional Amendment

Amendment XVIII (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 Musharraf and 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

Highlights of the 18th Constitutional Amendment:

 Amendment to Article 6 seeks to pre-empt military coups in future

 Article 58(2b) to be repealed, substituted with ‘Dissolution of National Assembly’

 President may dissolve NA in case no-confidence vote passed against PM

 Total strength of cabinet should not exceed 11% of total membership of parliament
 Governor should be a resident and registered voter of his/her province, he/she would be
appointed by president on prime minister’s advice
 Provinces required by law to establish local government systems, devolve political,
administrative and financial responsibility and authority to elected representatives
 PM to be chairperson of CCI, members to include CMs, 3 members from federal govt
 Amendment to Article 157 says federal government must consult provincial government before
installing hydroelectric power stations in any province
 PM to forward three names for office of CEC, in consultation with opposition leader in National
Assembly, to a parliamentary committee for confirmation
 Committee proposes insertion of Article 175(a) to deal with appointment of judges to Supreme
Court, high courts, Federal Shariat Court
 Committee proposes substitution of Article 243, says federal government ‘shall have control
and command of armed forces, supreme command of armed forces shall [rest with] … president
 President to appoint Joint Chiefs of Staff Committee chairman, chief of army staff, chief of
naval staff, chief of air staff
 NWFP will be renamed ‘Khyber-Pakhtoonkhawah’
 State will provide free, compulsory education to children aged between 5 and 16 years
 Amendments to Clause 1 seek substitution of ‘Baluchistan’ with ‘Balochistan’, ‘Sind’ with
‘Sindh’

 Insertion of clause sought to bar persons acquiring citizenship of foreign country from
contesting elections to parliament
 All elections under constitution, other than those of PM and CM, to be by secret ballot.

18th Amendment impact:

Pakistan’s parliament has passed the 18th Amendment’s that, among other changes, gives the
provincial governments greater autonomy under the constitution by abolishing the concurrent list
and other related provisions. The full impact of the amendment’s many changes has yet to be
fully analyzed and deliberated by key stakeholders.

The 18th amendment eliminates the “Concurrent List,” i.e. the enumeration of areas where both
federal and provincial governments may legislate but federal law prevails. Laws governing
marriage, contracts, firearms possession, labor, educational curriculums, environmental pollution,
bankruptcy, and in 40 other diverse areas the provinces would have exclusive jurisdiction and
each provincial assembly will be responsible for drafting its own laws on the issues. The 18th
constitutional Amendment potentially impacts the mandate of several Federal Ministries and by
implication increases the roles and responsibilities of the related institutions and administrative
structures at the provincial level.
Another important but under-reported change now specifies that future National Finance
Commission agreements—which set the distribution of national revenues between the central
government and the provinces—cannot reduce the provinces’ share beyond that given in the
previous agreement (Article 160). Provincial governments also now have greater authority to
raise domestic and international loans and give guarantees on the security of Provincial
Consolidated Fund. (Source: United Nations Development Programme)

18th Amendment And Provincial Autonomy?

The people of small provinces were once again cheated away and the promise of provincial
autonomy was largely limited to cosmetic changes and use of buzz words such as abolition of the
concurrent legislative list containing subjects where the Federal government and the four
provincial had shared jurisdiction prior to the 18th amendment. Indeed, it was the long standing
demand of provinces to do away with concurrent list and restore sole provincial jurisdiction as
provinces had enjoyed under British before Pakistan was created. What actually has happened
under the 18th amendment that the central government has assumed the jurisdiction over most
important subjects and let provinces have jurisdiction over less important subjects. On top of
this, a provision (Article 143) that before 18th amendment allowed the federal government to
enact laws only in the subjects covered under federal legislative and concurrent legislative list
have been extended giving authority to the Federal legislature to void any acts passed by a
Provincial Assembly. This means that an act passed by a provincial assembly in a subject area
that is totally under the jurisdiction of the province can be voided by an act passed by the
Federal legislature with simple majority. Before 18th amendment such an act would have
required a constitutional amendment. In a country such as Pakistan, where one province had
more members in the National Assembly than the combined total of other provinces, this change
gives the largest province of Pakistan to override any provincial laws with ease as it could easily
muster simple majority from that province alone.

Where 18th Amendment failed to meet expectations of small provinces?

1. Failed to reaffirm the principles of 1940 Resolution principles namely the promises of provincial
“autonomy” and “sovereignty”.

2. Failed to include Baluchi, Pashto, Punjabi, and Sindhi as national languages of Pakistan.

3. Article: 39 – Participation of people in Armed Forces – Failed to include a provision that the
military will strive to build a truly national organization that is ethnically-balanced and
representative of all minorities of Pakistan. A provision should have been made to achieve this
balance within five to ten years.

4. Articles: 59 and 73 – Senate Composition and money powers: Failed to change composition of
Senate so the exactly 25 members from each province will be elected to Senate in a national
vote and would hold a veto over any laws passed by the National Assembly.

5. Article 143: Inconsistency between Federal and Provincial laws

6. Now even a corrupt, ineligible and incompetent politician, as party head, would be able to
manipulate the whole political system in the country. This was achieved by making some very
disturbing changes in article 63. This article deals with the eligibility of political contesters in
general elections. This amendment has ruined the idea of rule of law and justice. Amendments
made in article 63 would enable every convicted criminal to be part of the parliament after five
years of his release from jail irrespective of the fact why that person was convicted.

7. Article 156 – National Economic Council – This article had a provision that “the President shall
nominate one member from each Province on the recommendation of the Government of that
Province.” The 18th amendment has removed the words “on the recommendation of the
Government of that Province.” has been REMOVED as Prime Minister can now appoint 4 other
members of the council. The implication of this change is that Federal Government will solely
determine who will be the members of the National Economic Council thereby further diminishing
the participation of provincial governments in how national economics is handled – this is another
serious attack against provincial autonomy.