Simone Lawson
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 brought about significant changes, including limiting the powers of the President, granting self-governing and legislative autonomy to provincial authorities, and transforming Pakistan from a semi-presidential to a parliamentary republic. It also introduced provisions for the appointment of judges, ensured free and compulsory education for children up to the age of 16, and abolished the law limiting the number of terms for the Prime Minister. The 18th Amendment has been praised for strengthening federalism and empowering the provinces, but some have also criticised it for weakening the central government and creating a governance gap.
| Characteristics | Values |
|---|---|
| Date of Amendment | 8 April 2010 |
| Passed by | National Assembly of Pakistan |
| Signed by | President Asif Ali Zardari |
| Date it was signed | 19 April 2010 |
| Purpose | To counter the powers amassed by the presidency under former presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq, to ease political instability in Pakistan, and to reverse infringements on the Constitution of Pakistan by military rulers |
| Changes | The power of the president to dissolve parliament was removed, turning Pakistan from a semi-presidential to a parliamentary republic; the North-West Frontier Province was renamed Khyber Pakhtunkhwa; self-governing, legislative and financial autonomy was granted to provincial authorities; the ban on third-time prime ministership and chief ministership was lifted; the Council of Common Interests (CCI) was reconstituted with the prime minister as its chairperson; the National Finance Commission Award (NFC Award) was restructured; a new procedure for the appointment of judges was introduced |
| Articles amended | 155, 156, 160, 161, 167, 175, 175A, 177, 194, 199, 203D, 209, 216, 221, 91(4), 89, 144, 160 (A), 10 |
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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 allows a person to become Prime Minister or Chief Minister only three times
- The Amendment also grants self-governing, legislative and financial autonomy to provinces
- It recognises children's right to education, providing free and compulsory education to all girls and boys up to age 16
- The Amendment turns Pakistan from a semi-presidential to a parliamentary republic
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 became an act of parliament when President Asif Ali Zardari signed the bill on April 19, 2010. The amendment brought about several significant changes, including the transfer of power from the President to the Prime Minister.
Prior to the 18th Amendment, Pakistan had a semi-presidential system, where the President held significant powers. The 18th Amendment transformed this system into a parliamentary republic, enhancing the role of the Prime Minister as the head of parliament. The amendment revoked Article 58(2)B, transferring authority back to the Prime Minister and limiting the powers of the President.
One of the key aspects of the 18th Amendment was the removal of the President's power to dissolve parliament unilaterally. This power, originally enacted by the Eighth Amendment, had been used by former presidents to amass sweeping powers. By removing this power, the 18th Amendment turned the President into a ceremonial head of state and made the parliament supreme.
In addition to the transfer of powers, the 18th Amendment also granted self-governing, legislative, and financial autonomy to provincial authorities. It abolished the law that limited a person to becoming Prime Minister or Chief Minister only three times, allowing for multiple terms. The amendment also introduced provisions for the appointment of judges, with a Judicial Commission responsible for appointing judges to ensure fair and impartial selections.
The 18th Amendment was introduced to counter the excessive powers of the presidency and to strengthen the parliamentary system in Pakistan. It aimed to improve the relationship between the central government and the provinces, enhance federalism, and prevent the misuse of authority. However, some critics argue that it has created a governance gap by decentralizing the federal system and giving more power to the provinces without ensuring proper checks and accountability.
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It abolishes the law that allows 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 April 8, 2010. One of the key changes brought about by the amendment was the abolishment of the law that allowed a person to become Prime Minister or Chief Minister only three times. This meant that the restriction on a Prime Minister serving more than two terms was removed, and anyone could become Prime Minister or Chief Minister more than three times.
Prior to the 18th Amendment, the Constitution of Pakistan allowed for a semi-presidential system, where the President held significant powers, including the ability to dissolve Parliament unilaterally. The amendment sought to address this by transferring powers from the President to the Prime Minister, effectively shifting Pakistan towards a parliamentary democratic system. The role of the Prime Minister was enhanced, and the President became a ceremonial head of state, with the power to dissolve Parliament being withdrawn.
The 18th Amendment also introduced other significant changes. It granted self-governing, legislative, and financial autonomy to provincial authorities, aiming to empower the provinces and improve the relationship between the central government and the provinces. Additionally, it provided for the recognition of children's right to education, guaranteeing free and compulsory education for all girls and boys up to the age of 16.
The amendment was passed with a significant majority in the National Assembly, with 292 out of 342 members voting in favour. It was seen as a crucial step towards strengthening parliamentary sovereignty and federalism, and it reversed many infringements on the Constitution by military rulers over the years. However, it has also been criticised for creating a governance gap by decentralising power without ensuring proper checks and accountability.
Overall, the Eighteenth Amendment to the Constitution of Pakistan brought about significant changes to the country's political system, including the abolishment of the term limit for Prime Ministers and Chief Ministers, a shift towards a more parliamentary democratic system, and increased autonomy for provincial authorities.
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The Amendment also grants self-governing, legislative and financial autonomy to provinces
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 brought about a shift in power dynamics, reducing the powers of the President and enhancing the role of the Prime Minister.
A key feature of the 18th Amendment was its grant of self-governing, legislative and financial autonomy to the provinces. This move was intended to empower the provinces and address the excessive power previously held by the presidency. The Amendment also renamed the North-West Frontier Province to Khyber Pakhtunkhwa, in line with the wishes of its Pashtun-majority population.
The specific provisions related to provincial autonomy include the right granted to provincial assemblies to repeal or amend legislation crafted by the Parliament for one or more provinces on matters not mentioned in the Federal Legislative List. Additionally, Article 160 (A) was amended to prevent any reduction in the provincial share in the National Financial Commission (NFC) award. The share of the provinces was increased to 57.5% in the 2010 NFC award, and this amendment ensures that their share cannot be reduced in the future.
The 18th Amendment also introduced a new procedure for the appointment of judges, with the responsibility given to a Judicial Commission, ensuring a more diverse and representative selection process.
While the 18th Amendment has been praised for its efforts to strengthen federalism and prevent dictatorial governments, it has also faced criticism for creating a governance gap by granting significant power to the provinces without establishing adequate checks and accountability measures.
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It recognises children's right to education, providing free and compulsory education to all girls and boys up to age 16
The 18th Amendment to the Constitution of Pakistan, passed in 2010, brought about several significant changes to the country's political landscape. One of the most crucial aspects of this amendment was its recognition of children's right to education.
The amendment inserted a new section, Article 25A, into the constitution, guaranteeing that the state would provide free and compulsory education to all girls and boys up to the age of 16. This provision ensures that the government is responsible for covering the educational expenses of children up to this age, with a specific focus on girls' education, empowering them with equal opportunities.
This amendment reinforces the fundamental rights of citizens, ensuring they are the primary beneficiaries. It strengthens the parliamentary system by enhancing the role of the prime minister and transferring power from the president. The amendment limits the president's authority, making the role ceremonial, and increases the autonomy of provincial authorities.
The 18th Amendment also abolished the ban on individuals serving more than two terms as prime minister or chief minister, allowing for democratic continuity and a more stable political environment. This amendment package aimed to counter the excessive powers amassed by former presidents and reduce political instability.
By recognising children's right to education, the 18th Amendment to the Constitution of Pakistan took a significant step forward in empowering young citizens and providing them with equal opportunities. This move strengthens the country's foundation for a more prosperous and equitable future.
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The Amendment turns Pakistan from a semi-presidential to a parliamentary republic
The Eighteenth 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 brought about several significant changes, including the removal of the president's power to dissolve parliament unilaterally, effectively transforming Pakistan from a semi-presidential system to a parliamentary republic.
In the past, certain presidents had introduced a strong and authoritative presidential system, which allowed them to amass sweeping powers. The Eighteenth Amendment aimed to counter this by decentralising the federal system and transferring powers from the president to the prime minister. This shift empowered the provinces, granting them self-governing, legislative, and financial autonomy. Additionally, it enhanced the role of the prime minister by revoking Article 58(2)B and returning authority to this office. The amendment also altered the president's power to appoint governors, requiring them to act on the advice of the prime minister.
The Eighteenth Amendment also brought about other crucial changes. It abolished the law limiting a person to becoming prime minister or chief minister of a province only three times, allowing anyone to hold these offices more than three times. The amendment recognised children's right to education, providing a constitutional guarantee that the state would offer free and compulsory education to all girls and boys up to the age of 16. It also established that any violation of Pakistan's Constitution would be treated as high treason.
The impact of the Eighteenth Amendment has been debated, with critics arguing that it weakened the centre by granting provinces more authority without ensuring proper checks and accountability. On the other hand, supporters contend that it strengthened federalism and put an end to dictatorial or non-representative governments, ensuring that authority would not be misused in the future. Overall, the Eighteenth Amendment represented a significant shift in Pakistan's political landscape, reshaping the distribution of power between the central government and the provinces and moving the country towards a more parliamentary democratic system.
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Frequently asked questions
The 18th Amendment to the Constitution of Pakistan was passed in 2010, limiting the powers of the President and transferring them to the Prime Minister. Pakistan changed from a semi-presidential system to a parliamentary republic.
The 18th Amendment brought about several changes, including:
- The removal of the President's power to dissolve Parliament.
- The President became a ceremonial head of state.
- The limit on a Prime Minister serving more than two terms was removed.
- The North-West Frontier Province was renamed Khyber Pakhtunkhwa.
- Provincial authorities were granted self-governing, legislative and financial autonomy.
- The ban on a person becoming Prime Minister or Chief Minister more than three times was abolished.
The 18th Amendment was introduced to weaken Presidential power and empower the provinces. It aimed to restore parliamentary sovereignty and decentralise the federal system. The amendment also aimed to improve the relationship between the central government and the provinces, and to resolve inter-provincial issues.
The 18th Amendment has been both praised and criticised. Advocates argue that it has strengthened federalism and ended dictatorial or non-representative governments. On the other hand, critics claim that it has created a governance gap by giving more authority to the provinces without ensuring proper checks and accountability.
