18th Ammendment

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18TH AMENDMENT IN CONSTITUTION OF PAKISTAN BACKGROUND President Musharraf left the Pakistan leaving constitutional framework in a state of disarray. Musharraf concentrated power with executive branch of government, weekend Parliament and subdued judiciary. Musharraf passed LFO 2002 and 17" amendment in 2003 in order to legitimize his previous legal maneuvers. He introduced Article 58, 2(B) which endowed President to dissolve National Assembly at his discretion. He left behind a fractured and divided Pakistan. 17™ AMENDMENT IN CONSTITUTION OF PAKISTAN Passed by more than 2/3” majority to legitimize President Musharraf decrees and powers This amendment made many changing to Constitution 1973 President Musharraf LFO 2002 was incorporated into constitution LFO in August 2002 was issued by General Musharraf which empowered him to dismiss NA and PAs of Provinces. The President regains authority to dissolve National Assembly & to dismiss Prime Minister subject to approval by Supreme Court The same power was given to Governors of the Provinces. It provides for a vote of confidence for President Musharaf from Parliament and four Provincial Assemblies and allowed him to remain Army Chief It granted indemnity to all actions of Pervez Musharraf from Oct 12, 1999 According to Article 270-AA the Parliament, has affirmed, adopted and declared to have been duly made by competent authority all laws made between Oct 12, 1999 and the date on which the Article comes into force It restored previous retirement age of 65 years (instead of 68 years) for a Supreme Court Judge and 62 years (instead of 65 years) for a High Court Judge It provides that President would use previously PMs power of appointing Armed Forces Chiefs in his discretion. In concentration with PM PROCESS OF 18™ AMENDMENT ‘* On 20" September 2008 President Asif Ali Zardari issued a call for creation of all parties committee to revisit 17" Amendment and Article 58, 2(B) * 27 Members Parliamentary Committee on constitutional reforms was set up with the task of effacing imprint of authoritarianism from the text of constitution ‘© The objective was to > Improve transparency in political system, —> Strengthen Parliament and Provincial Assemblies and to increase Provincial Autonomy. * All proceeding were in camera in order to provide members and open free and frank atmosphere * Committee met 77 times, revisited all 280 Articles ‘* 102 Articles of Constitution were amended, inserted, added or substituted or deleted making it an unprecedented overhaul of the constitution * The deliberations of committee culminated in 18th Amendment Act 2010 * Alandmark achievement in history of Pakistan 18 Amendment . . . It altered about a third of Pakistan Constitution It transformed Centre — Province relations It abolished Concurrent List of 1973 Constitution It expended administrative / legislative responsibilities of Provinces of Pakistan It devolved laws that govern marriage contracts, management of infectious and contagious diseases, labor, educational curriculum, environmental pollution, trade unions, and other diverse areas to Provinces It altered distribution of resources to Provinces It renamed NWFP as KPK It inserted Article 140-A which mandated that each Province by law must establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representative of local government It limited Presidential Powers It is provided that act of High Treason cannot be validated by high Court / Supreme Court It increased number of fundamental rights by inserting Right to Fair Trial (Article 10-A), Right to Information (Article 19-A), Right to Education (Article 25-A) It altered powers of judicial appointments in Supreme Court It returned Pakistan Parliamentary system of government

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