Four years of Democratic Government

Constitutional Reforms

18 Amendment Bill

The President of Pakistan after restoration of democracy asked the Speaker of the National Assembly to constitute a Committee of both the Houses of Parliament with representatives of all parties and independent groups for proposing amendments in the Constitution in the light of Charter of Democracy (CoD). The National Assembly in its sitting on 10^th April, 2009 passed a Motion to constitute an All Parties Special Committee to recommend amendments in the Constitution. The 26 members Committee was headed by Senator Mian Raza Rabbani, which proposed amendments to 102 Articles in the Constitution after thorough deliberation for more than 385 hours and presented the 18^th Amendment Bill in the joint sitting of the Parliament on April 02, 2010.

Highlights of the Eighteenth 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·         Article 58(2b) to be repealed, substituted with ‘Dissolution of National Assembly;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;

·         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 the Chief Election Commissioner (CEC), in consultation with opposition leader in the National Assembly, to a Parliamentary Committee for consideration;

·         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-Pakhtunkhwa’

·         Amendments to Clause 1 seek substitution of ‘Baluchistan’ with ‘Balochistan’, ‘Sind’ with ‘Sindh’;

·         All elections under Constitution, other than those of PM and CM, to be by secret ballot.

Nineteenth Amendment Bill

The Supreme Court of Pakistan passed an Order on 21^st October, 2010, in various Constitutional Petitions challenging certain amendments, including Article 175A, made in the Constitution through the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010).

            The Supreme Court made a reference to the Parliament for re-consideration of the provision of Article 175A in the light of the observations made in the said Order. This Bill gives effect to certain amendments in the Constitution after giving consideration to the observations of the Supreme Court. Thus the Constitution (Nineteenth Amendment) Act passed on 4^th January, 2011 upheld the Independence of Judiciary in the method of appointment of judges of Superior Judiciary.

Twentieth Amendment Bill

The Supreme Court of Pakistan also directed the Federation to constitute Election Commission of Pakistan in accordance with the amended provision of the Constitution of the Islamic Republic of Pakistan and to legally cover the bye-elections conducted by the Chief Election Commissioner in the interregnum. Further it was also necessary to give due independence to the Election Commission of Pakistan. In order to achieve, the aforesaid objectives the twentieth amendment to the Constitution was passed.