Pakistan Constitutional Amend.

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### Introduction to Constitutional Amendments in Pakistan The Constitution of the Islamic Republic of Pakistan, adopted in 1973, is a dynamic document that has been amended multiple times to reflect political, social, and legal developments. These amendments often represent significant shifts in the country's governance structure, power distribution, and fundamental rights. Understanding these changes is crucial for comprehending Pakistan's political landscape. ### The Amendment Process Article 239 of the Constitution outlines the procedure for amending the Constitution. - **Initiation:** A bill to amend the Constitution can originate in either the National Assembly or the Senate. - **Passage:** The bill must be passed by the votes of not less than two-thirds of the total membership of each House. - **Presidential Assent:** After passage by both Houses, the bill is presented to the President for assent. The President must give assent within 45 days; failure to do so means the bill is deemed to have been assented to. **Key Fact:** Since its inception, the 1973 Constitution has undergone **26 amendments** (as of early 2023), with each amendment addressing diverse issues ranging from political structure to judicial powers. ### Overview of Significant Amendments (Post-2000) While many amendments have been passed, some have had a more profound impact on Pakistan's governance. This section focuses on key amendments in the 21st century. #### 17th Amendment (2003) - **Context:** Introduced by President Pervez Musharraf. - **Key Provisions:** - **Revival of the LFO (Legal Framework Order) 2002:** Validated actions taken by Musharraf's military government, including the holding of the 2002 general elections and the amendments made to the Constitution through the LFO. - **Presidential Powers:** Restored the President's power to dissolve the National Assembly (Article 58(2)(b)). - **Judicial Appointments:** Introduced a role for the President in judicial appointments. - **Impact:** Consolidated presidential powers and legitimized Musharraf's military takeover. It faced significant criticism for undermining parliamentary supremacy. #### 18th Amendment (2010) - **Context:** Passed unanimously by Parliament under the Pakistan Peoples Party (PPP) government, reversing many changes introduced by previous military regimes. - **Key Provisions:** - **Repeal of Article 58(2)(b):** Stripped the President of the power to dissolve the National Assembly, restoring parliamentary sovereignty. - **Renaming NWFP:** North-West Frontier Province renamed to Khyber Pakhtunkhwa. - **Fundamental Rights:** Included the right to education (Article 25A) and the right to information. - **Provincial Autonomy:** Abolished the Concurrent Legislative List, transferring significant legislative powers to the provinces. - **Judicial Commission:** Established a Judicial Commission for the appointment of superior court judges. - **Impact:** Hailed as a landmark amendment, strengthening democracy, federalism, and fundamental rights. It significantly curtailed presidential powers and empowered provinces. #### 19th Amendment (2010) - **Context:** Followed the 18th Amendment to address some concerns regarding the judicial appointment process. - **Key Provisions:** - **Judicial Commission & Parliamentary Committee:** Modified the composition of the Judicial Commission and the Parliamentary Committee for judges' appointments, giving more representation to the judiciary. - **Impact:** Aimed to streamline and improve the transparency of judicial appointments. #### 20th Amendment (2012) - **Context:** Focused on electoral reforms. - **Key Provisions:** - **Caretaker Government:** Provided a constitutional mechanism for the appointment of a caretaker prime minister and chief ministers for interim governments before elections. - **Election Commission:** Enhanced the powers of the Election Commission of Pakistan (ECP). - **Impact:** Strengthened the electoral process and ensured a more neutral transition of power. #### 21st Amendment (2015) - **Context:** Passed in the wake of the Peshawar Army Public School attack, establishing military courts. - **Key Provisions:** - **Military Courts:** Established military courts for a period of two years to try civilians accused of terrorism-related offenses. - **Constitutional Protection:** Provided constitutional cover for these courts. - **Impact:** Highly controversial, raising concerns about human rights and the role of the military in civilian justice. The courts were later extended through legislation. #### 22nd Amendment (2016) - **Context:** Related to the appointment of the Chief Election Commissioner (CEC) and members of the Election Commission of Pakistan (ECP). - **Key Provisions:** - **CEC Appointment:** Amended Article 213 to allow a retired judge or bureaucrat, or a technocrat to be appointed as Chief Election Commissioner, removing the previous restriction to only retired judges. - **Impact:** Broadened the pool of potential candidates for the CEC. #### 23rd Amendment (2017) - **Context:** Extended the tenure of military courts for another two years. - **Key Provisions:** - **Military Courts Extension:** Re-established military courts for a further two-year period to try terror suspects. - **Impact:** Continued the debate on the necessity and implications of military courts for civilian justice. #### 24th Amendment (2017) - **Context:** Pertained to the re-allocation of National Assembly seats based on the 2017 census. - **Key Provisions:** - **Seat Re-allocation:** Allowed for a one-time readjustment of constituencies for the general elections to be held in 2018, without altering the total number of seats. - **Impact:** Ensured representation based on updated population figures. #### 25th Amendment (2018) - **Context:** Merged the Federally Administered Tribal Areas (FATA) with Khyber Pakhtunkhwa (KP) province. - **Key Provisions:** - **FATA Merger:** Integrated FATA into KP, extending the jurisdiction of Pakistani courts and laws to the region. - **National Assembly Seats:** Increased KP's representation in the National Assembly. - **Impact:** A historic amendment aimed at mainstreaming FATA, ending its colonial-era administrative system, and bringing its people into the national fold with equal rights. This was a major step towards addressing long-standing grievances in the region. #### 26th Amendment (2019) - **Context:** Focused on increasing the number of seats for the merged districts of Khyber Pakhtunkhwa (formerly FATA) in the National Assembly and the Khyber Pakhtunkhwa Provincial Assembly. - **Key Provisions:** - **Increased Representation:** Amended Articles 51 and 106 to increase the number of seats for the newly merged districts in the National Assembly from 6 to 12, and in the Khyber Pakhtunkhwa Provincial Assembly from 16 to 24. - **Impact:** Further facilitated the integration of the erstwhile FATA region by ensuring greater political representation for its people. This amendment was crucial for ensuring that the merger brought tangible benefits in terms of political voice and shared governance. ### Recent Developments and Debates While no major constitutional amendments have been passed since 2019, discussions and calls for further amendments are always ongoing within Pakistan's political landscape. - **Judicial Reforms:** Debates frequently arise regarding judicial independence, the appointment process of judges, and the powers of the Chief Justice. There are ongoing calls for reforms to ensure timely justice and reduce case backlogs. - **Electoral Reforms:** Discussions continue on improving the transparency and fairness of elections, including electronic voting, delimitation of constituencies, and the role of the Election Commission. - **Provincial Autonomy:** While the 18th Amendment significantly enhanced provincial autonomy, there are still demands from some provinces for greater control over resources and legislative powers, particularly concerning natural resources and revenue sharing. - **Presidential System Debate:** Periodically, there are discussions, though often short-lived and controversial, about shifting from a parliamentary to a presidential system of government. Such proposals typically face strong opposition from democratic forces. - **Human Rights and Governance:** Amendments or legislative changes are often proposed to address issues of human rights, minority rights, and good governance, spurred by civil society and international organizations. **Quote:** "A constitution is not a mere lawyer's document, it is a vehicle of life, and its spirit is always the spirit of age." - **B.R. Ambedkar**, emphasizing the dynamic nature of constitutional documents. This sentiment resonates strongly with Pakistan's experience of constitutional evolution. ### Conclusion Constitutional amendments in Pakistan are not merely legalistic changes; they are reflections of the country's turbulent political history, its struggle for democracy, and its continuous effort to balance power, ensure fundamental rights, and adapt to evolving societal needs. From the authoritarian overhauls of military regimes to the democratic resurgence symbolized by the 18th Amendment, each change tells a story of Pakistan's journey. Future amendments will undoubtedly continue to shape the nation's destiny and its democratic institutions.