Simone Lawson
The 18th Amendment to the Constitution of Pakistan, passed in 2010, was a significant change that aimed to restore parliamentary sovereignty and limit the powers of the President. The amendment turned Pakistan from a semi-presidential system to a parliamentary republic, with the President becoming a ceremonial head of state and the Prime Minister holding more power. It also granted self-governing, legislative, and financial autonomy to provincial authorities, renamed the North-West Frontier Province to Khyber Pakhtunkhwa, and abolished the law that allowed a person to become Prime Minister or Chief Minister only three times. The amendment was introduced by the Pakistan People's Party and signed into law by then-President Asif Ali Zardari.
| Characteristics | Values |
|---|---|
| Date of Amendment | 8 April 2010 |
| Passed by | National Assembly of Pakistan |
| Signed by | President Asif Ali Zardari |
| Became an act of parliament | 19 April 2010 |
| Removes power of the President of Pakistan | To dissolve the Parliament unilaterally |
| Turns Pakistan from | Semi-presidential to a parliamentary republic |
| Renames | North-West Frontier Province to Khyber Pakhtunkhwa |
| Grants | Self-governing, legislative and financial autonomy to provincial authorities |
| Removes | Limit on a Prime Minister serving more than two terms |
| Abolishes | Law that allowed a person to become Prime Minister or Chief Minister of a province only three times |
| Adds | If Pakistan's Constitution is ever violated, it will be treated as high treason |
| Appoints | Chief Election Commissioner through consultation with members of all political parties |
| Covers | Educational expenses for girls, from ages 5 to 16 |
| Enhances | Role of the Prime Minister |
| Enhances | Role of the Senate of Pakistan |
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What You'll Learn
- The 18th Amendment transfers power from the President to the Prime Minister
- It abolishes the law that allowed a person to become Prime Minister or Chief Minister only three times
- It enhances provincial autonomy
- It amends Articles 155, 156, 160, 161, 167, 175, 177, 194, 199, 203D, 209, 216, and 221 of the Constitution
- It was passed by the National Assembly of Pakistan on April 8, 2010
The 18th Amendment transfers power from the President to the Prime Minister
The 18th Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan on April 8, 2010, and it became an Act of Parliament when President Asif Ali Zardari signed the bill on April 19, 2010. This amendment introduced significant changes to the distribution of power in the country, transferring power from the President to the Prime Minister and enhancing the role of the latter as the head of Parliament.
Prior to the 18th Amendment, Pakistan had a semi-presidential system, with the President holding full powers and the federal government concentrating authority in Islamabad. The 18th Amendment transformed Pakistan into a parliamentary republic, where, according to the 1973 Constitution, the Prime Minister wields more power. This shift in power dynamics is a crucial aspect of the amendment, as it aimed to restore parliamentary sovereignty and decentralise the federal system.
One of the key provisions of the 18th Amendment was the removal of the President's power to dissolve Parliament unilaterally. This change addressed the sweeping powers amassed by the presidency under former presidents and aimed to prevent the abuse of authority by military rulers. Additionally, the amendment abolished the restriction on a Prime Minister serving more than two terms, allowing individuals to hold the office of Prime Minister or Chief Minister of a province more than three times.
The 18th Amendment also introduced changes to enhance provincial autonomy and improve the relationship between the central government and the provinces. It granted self-governing, legislative, and financial autonomy to provincial authorities, with the provincial assemblies gaining the right to repeal or amend legislation crafted by Parliament for matters not mentioned in the Federal Legislative List. The amendment also restructured the National Finance Commission Award, increasing the share of provinces to 57.5% and preventing any reduction in their share.
Furthermore, the 18th Amendment introduced a new procedure for the appointment of judges, with the responsibility being transferred to the Judicial Commission, a body of seven people headed by the Chief Justice of Pakistan. This change was intended to ensure that courts would not provide legal cover to military adventurism in the future. The amendment also revised Article 10 of the Constitution, guaranteeing citizens the right to a free and fair trial.
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It abolishes the law that allowed a person to become Prime Minister or Chief Minister only three times
The Eighteenth Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan on 8 April 2010. One of the key features of this amendment was the removal of the law that restricted a person from becoming Prime Minister or Chief Minister more than twice.
Prior to this amendment, a person could only hold the office of Prime Minister or Chief Minister for a maximum of two terms. This limit was abolished by the Eighteenth Amendment, allowing individuals to become Prime Minister or Chief Minister more than three times. This change was significant as it opened up the possibility for former leaders to run for office again and potentially extend their political careers.
The Eighteenth Amendment also made other important changes to the Constitution of Pakistan. It removed the power of the President to dissolve Parliament unilaterally, shifting the country from a semi-presidential system to a parliamentary republic. This amendment transferred powers from the President to the Prime Minister, enhancing the role of the latter as the head of Parliament. The amendment also granted self-governing, legislative, and financial autonomy to provincial authorities, giving them greater decision-making power and independence from the federal government.
The amendment was introduced by the Pakistan People's Party during the presidency of Asif Ali Zardari and was aimed at limiting the powers of the President. It also included provisions to enhance provincial autonomy, improve the relationship between the central government and the provinces, and resolve inter-provincial issues.
Overall, the Eighteenth Amendment to the Constitution of Pakistan brought about significant changes to the country's political system, including the removal of term limits for Prime Ministers and Chief Ministers, and a shift towards a more parliamentary democratic system.
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It enhances provincial autonomy
The 18th Amendment to the Constitution of Pakistan, passed in 2010, introduced significant changes to enhance provincial autonomy and devolve power from the federal government. This amendment transformed Pakistan from a semi-presidential system to a parliamentary republic, transferring power from the President to the Prime Minister and enhancing the role of the Parliament.
One of the key aspects of the 18th Amendment was the devolution of power to the provinces, giving them greater self-governance, legislative, and financial autonomy. This devolution addressed the long-standing concentration of authority in Islamabad and aimed to strengthen federalism and improve the relationship between the central government and the provinces. Provincial assemblies gained the right to repeal or amend legislation crafted by the Parliament for their respective provinces, on matters not mentioned in the Federal Legislative List. Additionally, the 18th Amendment prevented any reduction in the provincial share in the National Financial Commission (NFC) awards, ensuring a more equitable distribution of resources.
The amendment also abolished the ban on a person serving as Prime Minister or Chief Minister of a province more than three times, allowing for more flexibility in leadership roles at the provincial level. The role of the Senate of Pakistan was enhanced, with 23 senators to be elected from each province, further strengthening provincial representation and influence in decision-making processes.
The 18th Amendment also introduced a new procedure for the appointment of judges, establishing a Judicial Commission comprising diverse legal expertise. This commission includes the Chief Justice of Pakistan, senior judges of the Supreme Court, the Attorney General, the Federal Law Minister, a retired judge of the Supreme Court, and a senior advocate. This amendment ensured that the appointment of judges was based on a more inclusive and consultative process, involving representatives from various legal spheres.
While the 18th Amendment has been praised for enhancing provincial autonomy and strengthening federalism, some critics argue that it has created a governance gap by granting provinces increased authority without establishing sufficient checks and accountability measures. Nonetheless, the amendment represents a significant step towards empowering provincial governments and ensuring that the rights of citizens across Pakistan are secured.
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It amends Articles 155, 156, 160, 161, 167, 175, 177, 194, 199, 203D, 209, 216, and 221 of the Constitution
The 18th Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan on April 8, 2010, and it became an act of parliament when President Asif Ali Zardari signed the bill on April 19, 2010. The amendment brought about significant changes to the country's governmental structure, including:
- Removing the power of the President to dissolve Parliament unilaterally, thereby turning Pakistan from a semi-presidential to a parliamentary republic.
- Renaming the North-West Frontier Province to Khyber Pakhtunkhwa, honouring the wishes of its Pashtun-majority population.
- Granting self-governing, legislative, and financial autonomy to provincial authorities, including the Provincial Finance Ministers.
- Restructuring the National Finance Commission Award (NFC Award).
In addition to these broad changes, the 18th Amendment also made specific alterations to various articles of the Constitution. Here is a breakdown of how it amends the listed articles:
Article 155
The words "or reservoir" are inserted after the word "supply" in clause (1).
Article 156
The entire article is substituted with new text.
Article 160
New clauses are inserted after clause (3), mandating biannual monitoring of the implementation of the Award by the Federal Finance Minister and Provincial Finance Ministers, who will report to both Houses of Majlis-e-Shoora (Parliament) and Provincial Assemblies.
Article 161
Clause (1) is substituted with new text.
Article 167
A new clause is inserted after clause (3).
Article 175
The words "and a High Court for the Islamabad Capital Territory" are inserted after the word "Province" in clause (1). An explanation is added to clarify that the term "High Court" throughout the Constitution includes the High Court for the Islamabad Capital Territory.
Article 175A
A new article is inserted after Article 175.
Article 177
Clause (1) is substituted with new text.
Article 194
The punctuation at the end of the article is changed from a full stop to a colon, and a proviso is added stating that the Chief Justice of the Islamabad High Court shall make an oath before the President.
Article 199
Clause (4A) is substituted with new text.
Article 203D
In clause (1A), the words "or the Concurrent Legislative List" are omitted, and the phrase "in the Federal Legislative List" replaces "in either of those lists."
Article 209
Clause (5) is substituted with new text, stating that the President shall direct the Council to inquire into the matter or that the Council may do so on its own motion.
Article 216
Clause (2) is amended, though the specific changes are unclear.
Article 221
The word "Commissioner" is replaced with "Election Commission" in the first and second instances.
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It was passed by the National Assembly of Pakistan on April 8, 2010
The Eighteenth Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan on April 8, 2010. This amendment brought about significant changes to the country's political system.
The amendment was passed during the tenure of the Pakistan People's Party, with Asif Ali Zardari as President. The bill was then passed by the Senate of Pakistan on April 15, 2010, and became an act of parliament when President Zardari signed it on April 19, 2010.
One of the most notable changes was the removal of the President's power to dissolve Parliament unilaterally, shifting power from the President to the Prime Minister. This transformed Pakistan from a semi-presidential system to a parliamentary republic, enhancing the role of the Prime Minister as the head of parliament. The amendment also removed the limit on a Prime Minister serving more than two terms, allowing figures such as Nawaz Sharif and Asif Zardari to run again.
The Eighteenth Amendment also granted self-governing, legislative, and financial autonomy to provincial authorities, including the right for provincial assemblies to repeal or amend legislation crafted by Parliament for one or more provinces on matters not mentioned in the Federal Legislative List. This devolution of power to the provinces was intended to improve the relationship between the centre and the provinces and strengthen federalism.
Additionally, the amendment package included a name change for the North-West Frontier Province, which became Khyber Pakhtunkhwa, in accordance with the wishes of its Pashtun-majority population. It also introduced a new procedure for the appointment of judges, with responsibility handed to a Judicial Commission, and enhanced the role of the Senate of Pakistan, with 23 senators to be elected from each province.
The Eighteenth Amendment addressed several issues in Pakistan's Constitution and aimed to restore parliamentary sovereignty and decentralise the federal system. It was a significant step towards strengthening democracy and ensuring that the rights of citizens were secured.
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Frequently asked questions
The 18th Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan on April 8, 2010, and became an act of parliament when President Asif Ali Zardari signed the bill on April 19, 2010. The amendment removed the power of the President of Pakistan to dissolve Parliament unilaterally, turning the country from a semi-presidential to a parliamentary republic.
The 18th Amendment brought about several changes, including:
- Renaming the North-West Frontier Province to Khyber Pakhtunkhwa.
- Granting self-governing, legislative, and financial autonomy to provincial authorities.
- Removing the limit on a Prime Minister serving more than two terms.
- Abolishing the Ministry of Special Initiatives at the federal level.
- Making educational expenses for girls aged 5 to 16 the responsibility of the government.
The purpose of the 18th Amendment was to counter the sweeping powers amassed by the presidency and to ease political instability in Pakistan. It aimed to restore parliamentary sovereignty, decentralize the federal system, and improve the relationship between the central government and the provinces.
