Constitutional Change: Pakistan's 13Th Amendment Explained

what is 13th amendment in pakistan constitution

The Thirteenth Amendment to the Constitution of Pakistan was a short-lived amendment, adopted in 1997 by the civilian government of Prime Minister Nawaz Sharif. The amendment stripped the President of Pakistan of the power to dissolve the National Assembly, triggering new elections and dismissing the Prime Minister. This shift in power was supported by both the government and the opposition and marked a change in Pakistan's system of government, moving from a semi-presidential system to a parliamentary democratic republic.

Characteristics Values
Date 17 April 1997
Amendment Passed
Government Elected
Prime Minister Nawaz Sharif
Effect Removed Article 58(2)(b) of the Constitution, stripping the President of Pakistan of the power to dissolve the National Assembly
Support Unanimous support from both the government and the opposition
Outcome Shifted Pakistan's system of government from a Semi-presidential system to a Parliamentary democratic republic system

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The 13th Amendment removed the President's power to dissolve the National Assembly

The 13th Amendment to the Constitution of Pakistan was a short-lived amendment, adopted in 1997 by the civilian government of Prime Minister Nawaz Sharif. It removed the President's power to dissolve the National Assembly, thereby triggering new elections and dismissing the Prime Minister.

Before the 13th Amendment, legislators in Pakistan could not be recalled before the end of their five-year terms, which contributed to a sense of immunity and a public perception of corruption. The 13th Amendment removed Article 58(2)(b) of the Constitution, which had given the President the discretionary power to dissolve the National Assembly. This shift in power meant that Pakistan's system of government changed from a semi-presidential system to a parliamentary democratic republic system.

The 13th Amendment was supported by both the government and the opposition and was thus passed unanimously. However, Nawaz Sharif's government became increasingly unpopular after the passage of the amendment, and in 1999, Pervez Musharraf assumed power in a military-led bloodless coup. The Supreme Court later invalidated parts of the 13th and 14th Amendments, and in 2003, the 17th Amendment partially restored the President's power to dissolve Parliament, but only with Supreme Court approval.

The 13th Amendment was part of a series of amendments to the Constitution of Pakistan, which was originally enacted in 1973. The Constitution has been amended numerous times since its inception, with 25 amendments made as of 2019. These amendments have addressed various issues, including governance, representation, minority rights, and the powers of governmental bodies and officials.

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The Amendment shifted Pakistan's system of government

The Thirteenth Amendment to the Constitution of Pakistan was a short-lived amendment, shifting Pakistan's system of government. Adopted by the Parliament of Pakistan in 1997, under the civilian government of Prime Minister Nawaz Sharif, the amendment stripped the President of Pakistan of the reserve power to dissolve the National Assembly, triggering new elections and dismissing the Prime Minister.

The 1973 Constitution, drafted by the government of Zulfiqar Ali Bhutto, was approved by Parliament on April 10 and ratified on August 14, 1973. Bhutto stated that "this constitution is made for everlasting time", yet since its inception, it has been amended numerous times. Until 2019, 25 amendments had been made to the 1973 Constitution, including the Thirteenth Amendment.

The Thirteenth Amendment was supported by both the government and the opposition and was passed unanimously. It removed Article 58(2)(b) of the Constitution, which gave the President discretionary powers to dissolve the National Assembly. With the enforcement of this amendment, Pakistan's system of government shifted from a semi-presidential system to a parliamentary democratic republic system.

Nawaz Sharif's government became increasingly unpopular after the passage of these amendments, with a perception of the country becoming a civilian dictatorship. In 1999, Pervez Musharraf assumed power in a military coup, citing the destruction of institutional checks and balances and corruption in the political leadership as reasons for his actions. The Fourteenth Amendment, passed shortly after the Thirteenth Amendment, gave party leaders unlimited power to dismiss legislators who failed to vote as directed, further contributing to the perception of corruption.

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The 13th Amendment was short-lived

The 13th Amendment to the Constitution of Pakistan was short-lived, lasting only from its adoption in 1997 until a military coup in 1999. The amendment was adopted by the civilian government of Prime Minister Nawaz Sharif, who had been elected by a heavy majority. The 13th Amendment stripped the President of Pakistan of the reserve power to dissolve the National Assembly, thereby triggering new elections and dismissing the Prime Minister.

The amendment shifted Pakistan's system of government from a semi-presidential system to a parliamentary democratic republic. It removed Article 58(2)(b) of the Constitution, which had given the President the discretionary power to dissolve the National Assembly. The amendment was supported by both the government and the opposition and was thus passed unanimously.

However, Nawaz Sharif's government became increasingly unpopular after the passage of the 13th and subsequent 14th Amendments. The 14th Amendment gave party leaders unlimited power to dismiss legislators who failed to vote as directed, contributing to a sense of immunity for the ruling party and a perception of rampant corruption among leading politicians.

In 1999, Pervez Musharraf assumed power in a military-led bloodless coup, citing the destruction of institutional checks and balances and prevailing corruption in the political leadership as reasons for his actions. The coup was widely welcomed in Pakistan, and the Supreme Court later validated the removal of Nawaz Sharif's government on the grounds that the 13th and 14th Amendments had resulted in a situation with no constitutional remedy.

Thus, the 13th Amendment, which aimed to address issues of governmental immunity and corruption, ultimately had a short lifespan due to the controversial nature of the changes it enacted and the unpopularity of the Sharif government. The amendment's legacy was further impacted by the subsequent partial restoration of presidential powers in the 17th Amendment, passed in December 2003.

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It was passed by the government of Prime Minister Nawaz Sharif

The Thirteenth Amendment to the Constitution of Pakistan was passed by the government of Prime Minister Nawaz Sharif in 1997. It stripped the President of Pakistan of the reserve power to dissolve the National Assembly and thereby trigger new elections and dismiss the Prime Minister. This was done by removing Article 58(2)(b) of the Constitution.

The amendment shifted Pakistan's system of government from a semi-presidential system to a parliamentary democratic republic. It was supported by both the government and the opposition and was thus passed unanimously.

Nawaz Sharif's government was able to alter the Constitution due to the election of his Pakistan Muslim League by a heavy majority. However, his government became increasingly unpopular after the passage of these amendments. A few months later, Nawaz Sharif's partisans stormed the Supreme Court of Pakistan, forcing the resignation of the Chief Justice. This strengthened the perception that the country was becoming a civilian dictatorship.

In 1999, Pervez Musharraf assumed power in a military-led bloodless coup, citing the destruction of institutional checks and balances and prevailing corruption in the political leadership as reasons. The coup was widely welcomed in Pakistan, including by ex-Prime Minister Benazir Bhutto, who congratulated Musharraf for removing Sharif.

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The Amendment was supported by both the government and the opposition

The Thirteenth Amendment to the Constitution of Pakistan was adopted by the Parliament of Pakistan in 1997. It was supported by both the government and the opposition and was thus passed unanimously.

The Amendment stripped the President of Pakistan of the reserve power to dissolve the National Assembly and thereby trigger new elections and dismiss the Prime Minister. This removed Article 58(2)(b) of the Constitution, which gave the President the power to dissolve the National Assembly at his discretion.

The Amendment shifted Pakistan's system of government from a semi-presidential system to a parliamentary democratic republic system. This was a significant change to the Constitution, which had been enacted in 1973 and amended several times since, with the 13th Amendment being one of the key amendments.

The 13th Amendment was supported by both the government and the opposition, which is notable given the increasing unpopularity of Nawaz Sharif's government at the time. The Amendment was passed just a few months before Sharif's partisans stormed the Supreme Court of Pakistan, forcing the resignation of the Chief Justice. This strengthened the perception that the country was becoming a civilian dictatorship.

The support of both the government and the opposition for the 13th Amendment can be contrasted with the 11th Amendment, which was introduced by opposition members in 1989 but did not pass. The 13th Amendment's unanimous support and passage indicate that it addressed a pressing issue and had widespread agreement, at least at the time of its passage.

Frequently asked questions

The 13th Amendment to the Constitution of Pakistan was a short-lived alteration to the Constitution, adopted by the Parliament of Pakistan in 1997. It removed the President's reserve power to dissolve the National Assembly and thereby trigger new elections and dismiss the Prime Minister.

The 13th Amendment shifted Pakistan's system of government from a semi-presidential system to a parliamentary democratic republic system. It removed Article 58(2)(b) of the Constitution, which gave the President the discretionary power to dissolve the National Assembly.

The 13th Amendment was significant because it addressed the issue of perceived immunity and corruption among leading politicians. It also contributed to the perception that the country was becoming a civilian dictatorship under Nawaz Sharif, whose government became increasingly unpopular after the passage of the amendment.

Following the passage of the 13th Amendment, Nawaz Sharif's partisans stormed the Supreme Court of Pakistan, forcing the resignation of the Chief Justice. In 1999, Pervez Musharraf assumed power in a military-led bloodless coup, citing the destruction of institutional checks and balances, and corruption in the political leadership as reasons. The 14th Amendment was also passed shortly after, which gave party leaders unlimited power to dismiss legislators who failed to vote as directed.

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