Simone Lawson
The Twenty-first Amendment to the Constitution of Pakistan, passed in 2015, was a response to the Peshawar school massacre in 2014. The amendment established military courts to conduct speedy trials for terrorist offenses, threatening the security of Pakistan. This move has sparked debates about the curtailment of power from other courts and the potential infringement on the basic structure of the Constitution. The full impact and implications of the 21st Amendment are yet to be fully understood, with the Supreme Court of Pakistan yet to release its verdict on the validity of the Amendment.
| Characteristics | Values |
|---|---|
| Date of Passing | 6 January 2015 |
| Date of Presidential Assent | 7 January 2015 |
| Amendment of | Article 175 and the First Schedule of the Constitution |
| Sunset Clause | Expires on 7 January 2017 |
| Purpose | Establish military courts for the trial of terrorist offenses, waging war against Pakistan, and acts threatening the security of Pakistan |
| Duration of Military Courts | 2 years |
| Reason | 2014 Peshawar school massacre |
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What You'll Learn
Amendment of Article 175
The Twenty-first Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan and the Senate of Pakistan on January 6, 2015, and was assented to by the President on January 7, 2015. This amendment was made to the Constitution of the Islamic Republic of Pakistan, 1973.
Article 175 of the Constitution of the Islamic Republic of Pakistan outlines the three 'constitutional' courts: the Supreme Court, the High Courts for all four provinces, and a High Court for Islamabad Capital Territory. With the 21st Amendment, a proviso was inserted into clause (3) of Article 175, establishing a special court to try cases relating to terrorism. This court was created to address the "extraordinary circumstances of grave and unprecedented threat to the integrity of Pakistan" and to provide speedy trials for offences related to terrorism and waging war against the nation.
The proviso added to Article 175 states that the article shall not apply to the trial of persons who are known or claim to belong to any terrorist group or organization using the name of religion or a sect. Here, the term 'sect' refers specifically to a sect of religion and does not include religious or political parties regulated under the Political Parties Order, 2002.
The establishment of this special court through the 21st Amendment has been a subject of debate, with arguments that it curtails the power of other courts and encroaches upon the basic structure of the Constitution. The Supreme Court of Pakistan has yet to release a verdict on the validity of this Amendment.
Other Amendments
In addition to the amendment of Article 175, the 21st Amendment also included changes to the First Schedule of the Constitution. New entries were added to sub-part III of Part I, specifically mentioning the Pakistan Army Act. Furthermore, the 21st Amendment included a self-contained sunset clause, causing the amendments to expire on January 7, 2017, two years after its commencement.
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Amendment of the First Schedule
The 21st Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan and the Senate of Pakistan on January 6, 2015, and received presidential assent on January 7, 2015. This amendment was made to cater to the "extraordinary circumstances" of an unprecedented threat to the integrity of Pakistan by miscreants, terrorists, and foreign-funded elements.
The 21st Amendment amended Article 175 and the First Schedule of the Constitution, establishing military courts for the speedy trial of offences related to terrorism, waging war against Pakistan, and acts threatening the security of the nation. The amendment included a self-contained sunset clause, causing the amendments to expire on January 7, 2017, two years after its commencement.
The First Schedule of the Constitution, in Sub-part III of Part I, after entry 5, was amended to add the following new entries:
- The Pakistan Army Act
- Acts mentioned at serial No. 6, 7, 8, and 9 of Sub-part III or Part I of the First Schedule
The above acts refer to the trial of persons who claim or are known to belong to any terrorist group or organization using the name of religion or a sect. In this context, the term 'sect' refers specifically to a sect of religion and does not encompass any religious or political party regulated under the Political Parties Order of 2002.
The 21st Amendment, particularly the establishment of military courts, has been a subject of debate and criticism. Some argue that it curtails the power of other courts and encroaches upon the basic structure of the Constitution, potentially infringing on fundamental rights and the independence of the judiciary. Critics also argue that it empowers the army at the expense of civilian democratic ideals.
The 21st Amendment was passed in response to the Peshawar school massacre on December 16, 2014, which left 141 people dead, including a majority of children. The amendment aimed to address the nation's grief and resolve to eradicate terrorism from the country.
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Military courts for terrorism trials
The Twenty-first Amendment to the Constitution of Pakistan, passed in 2015, established military courts for the trial of terrorism offences. This amendment came about in response to the 2014 Peshawar school massacre, where a terrorist attack left 141 people dead, including a majority of children.
The Pakistani government, in collaboration with the army, decided to take swift and decisive action to eradicate terrorism from the country and address the "'grave and unprecedented threat' to its territorial integrity. The 21st Amendment created a constitutional framework for military courts to conduct speedy trials for terrorist offences, waging war against Pakistan, and acts threatening the country's security.
The amendment included a sunset clause, causing the amendments to expire after two years, and it amended Article 175 and the First Schedule of the Constitution. The original Constitution established three 'constitutional' courts: the Supreme Court, High Courts for the four provinces and Islamabad Capital Territory, and the Federal Shariat Court. The 21st Amendment created a special court to try terrorist suspects, which some argued curtailed the power of the other courts and encroached upon the basic structure of the Constitution.
The Parliament of Pakistan passed the 21st Constitutional Amendment Bill and the Pakistan Army (Amendment) Bill, 2015, with an overwhelming majority. The bills aimed to set up constitutionally protected military courts to try civilian terrorism suspects, with Prime Minister Nawaz Sharif stating that it was an important day for Pakistan in its fight against terrorism.
However, the amendment was not without controversy. Some critics argued that it betrayed the civilian, democratic cause and that it would render fundamental rights redundant, leaving everyone at the mercy of military courts. The full bench of the Supreme Court of Pakistan has yet to release its verdict on the validity of the 21st Amendment and its compatibility with the Constitution.
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Speedy trials for terrorism offences
The Twenty-first Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan and the Senate of Pakistan on January 6, 2015, and received presidential assent on January 7, 2015. The Amendment established speedy trial military courts for terrorism offences, in response to the Peshawar school massacre in 2014, which left 141 dead, including many children.
The Amendment's focus on speedy trials for terrorism offences was driven by the need to address an "extraordinary situation" of a grave and unprecedented threat to Pakistan's territorial integrity. The country had faced a long history of terrorism and sought to eradicate it. The Amendment aimed to provide constitutional protection for measures taken in the interest of Pakistan's security and integrity.
Article 175 of the Constitution was amended to exclude certain Acts from its purview, allowing for the establishment of special military courts to try terrorism suspects. This move was controversial, with critics arguing that it curtailed the power of other courts and encroached upon the basic structure of the Constitution. The Supreme Court of Pakistan has yet to release its verdict on the validity of the Amendment.
The creation of these military courts raised concerns about the delay of justice, the independence of the judiciary, and the protection of fundamental rights. Critics argued that the Amendment would render fundamental rights redundant and that civilians would be left at the mercy of military courts. Supporters, however, emphasized the need to prioritize public safety and address terrorism effectively.
The Twenty-first Amendment to the Constitution of Pakistan, with its focus on speedy trials for terrorism offences, reflects the country's efforts to balance national security concerns with the maintenance of a democratic and just legal system. The Amendment's impact and constitutionality continue to be a subject of debate and litigation in Pakistan.
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Constitutionality questioned
The Twenty-first Amendment to the Constitution of Pakistan, passed in 2015, has been the subject of debate and legal challenges regarding its constitutionality. The amendment was introduced in response to the 2014 Peshawar school massacre, which left 141 people dead, most of whom were children.
The 21st Amendment established military courts to expedite the trial of individuals accused of terrorist offenses, waging war against Pakistan, and acts threatening the country's security. This move was justified as a necessary measure to address the extraordinary circumstances and the grave and unprecedented threat posed by terrorism to Pakistan's integrity and security.
However, critics have argued that the amendment undermines the fundamental structure of the Constitution and infringes on the powers of existing courts. They contend that it curtails fundamental rights, undermines the independence of the judiciary, and introduces a "guilty until proven innocent" concept.
The debate surrounding the 21st Amendment revolves around the concept of the "'basic structure' of the Constitution. This doctrine suggests that certain fundamental aspects of the Constitution are immune to amendment and cannot be altered through legislative action. The question of whether the 21st Amendment infringes on this basic structure has been raised before the Supreme Court of Pakistan. The Court has heard arguments but has not yet released its verdict on the validity of the amendment.
The creation of military courts through the 21st Amendment has been particularly contentious. Critics argue that these courts encroach on the jurisdiction of established constitutional courts, including the Supreme Court, High Courts, and the Federal Shariat Court. The involvement of the military in trying civilian terrorism suspects has raised concerns about the independence of the judiciary and the protection of fundamental rights.
Additionally, there are concerns that the 21st Amendment sets a precedent for civilian empowerment of the military, potentially impacting democratic ideals and the civilian, democratic cause. The amendment has been viewed as a departure from constitutional democracy, with fears that it grants the military courts excessive power over civilians.
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Frequently asked questions
The 21st Amendment to the Constitution of Pakistan was passed in 2015 to establish military courts to try civilians for terrorist offenses, waging war against Pakistan, and acts threatening the security of Pakistan.
The 21st Amendment was passed in response to the 2014 Peshawar school massacre, in which a terrorist attack left 141 people dead, including a majority of children. The amendment was intended to provide constitutional protection for measures taken in the interest of the security and integrity of Pakistan.
The 21st Amendment amended Article 175 and the First Schedule of the Constitution. It also included a self-contained sunset clause, causing the amendments to expire on January 7, 2017. The amendment established military courts as a special court to conduct the trial of select cases relating to terrorism, alongside the existing Supreme Court, High Courts, and Federal Shariat Court.
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