Omar Bennett
The Eighth Amendment to the Constitution of Pakistan was passed by the National Assembly in 1985, bringing significant changes to the country's system of government. The amendment enhanced the authority of the President, granting them the power to unilaterally dissolve the National Assembly and dismiss the Prime Minister. This shift in power dynamics marked a departure from the previous parliamentary democracy, where the Prime Minister held greater influence. The Eighth Amendment also introduced or amended various articles and clauses in the Constitution, such as Article 58 2(b), which outlined the conditions under which the President could dissolve the National Assembly. The impact of this amendment on the balance of power between the President and the Prime Minister would have lasting implications for Pakistan's political landscape.
| Characteristics | Values |
|---|---|
| Date of Amendment | 14 November 1985 |
| Passed by | The Senate |
| Number of clauses affected | 19 |
| Power to dissolve the National Assembly | Granted to the President |
| Power to dismiss Prime Minister | Granted to the President |
| Supreme Court approval required | Yes |
| Renamed North-West Frontier Province to | Khyber Pakhtunkhwa |
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What You'll Learn
The President's power to dissolve the National Assembly
The Eighth Amendment to the Constitution of Pakistan, passed in 1985, gave the President the power to unilaterally dissolve the National Assembly and dismiss the Prime Minister. This was a significant shift in Pakistan's system of government, moving it from a parliamentary democracy to an assembly-independent republic.
The text of the amendment stated that the President could dissolve the National Assembly (but not the Senate) if, in his or her opinion:
> "a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary."
This power was subject to Supreme Court approval and was first used by General Zia-ul-Haq in 1988 to dismiss Prime Minister Mohammad Khan Junejo for alleged corruption. Zia-ul-Haq had already made numerous amendments to the Constitution of 1973, and the Eighth Amendment was seen as giving him complete clout.
The Eighth Amendment was repealed by the Thirteenth Amendment in 1997, which stripped the President of the power to dissolve the National Assembly and effectively reduced the role to a ceremonial figurehead. This was the first time in Pakistan's history that a President had willingly relinquished a significant part of their powers. The Eighteenth Amendment, passed in 2010, further reduced the powers of the President, turning Pakistan into a parliamentary republic.
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The President's power to dismiss the Prime Minister
The Eighth Amendment to the Constitution of Pakistan, passed in 1985, gave the President the power to unilaterally dissolve the National Assembly and dismiss the Prime Minister and their Cabinet. This was a significant shift in the balance of power, as the President could now exercise their powers without the Prime Minister's concurrence.
The amendment inserted a clause into Article 58 of the Constitution, which stated that the President could dissolve the National Assembly if, in their opinion, "a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary." This clause was considered to be the provision that introduced the presidential power to dismiss the Prime Minister, as it gave the President the right to act if there was a vote of no-confidence against the Prime Minister and no other member of the National Assembly was likely to command the majority's confidence.
The Eighth Amendment was enacted during the presidency of General Zia-ul-Haq, who first used it to dismiss Prime Minister Mohammad Khan Junejo for alleged corruption in 1988. The amendment was later repealed by the Thirteenth Amendment in 1997, which restored the supremacy of the Prime Minister and Parliament.
The Eighteenth Amendment, passed in 2010, further reduced the powers of the President by removing their ability to dissolve Parliament unilaterally and turning Pakistan into a parliamentary republic. This amendment was the first time a Pakistani president willingly relinquished a significant portion of their powers, transferring them to Parliament and the office of the Prime Minister.
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The President's right to nominate the Prime Minister
The Eighth Amendment to the Constitution of Pakistan was drafted and enforced by the technocratic-military government of General Zia-ul-Haq. The amendment drastically altered the form of the constitution, strengthening the authority of the President and granting them additional powers.
One of the most significant changes introduced by the Eighth Amendment was the President's right to nominate the Prime Minister. Prior to the amendment, the 1973 Constitution of Pakistan envisioned a Parliamentary System of government, with the balance of power tilted towards the Prime Minister. The President could not exercise their powers without the concurrence of the Prime Minister.
However, with the Eighth Amendment, the President was given the sole authority to nominate the Prime Minister, bringing the office of the President to a position of power. This amendment affected almost 19 clauses of the Constitution and was passed by the Senate on November 14, 1985.
In 1997, the Thirteenth Amendment was passed, stripping the President of the power to dissolve the National Assembly and call for new elections. This amendment effectively reduced the President to a ceremonial figurehead and restored the supremacy and status of the Prime Minister and Parliament.
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The President's increased authority
The Eighth Amendment to the Constitution of Pakistan was passed in 1985, strengthening the authority of the President and granting additional powers.
The Amendment allowed the President to unilaterally dissolve the National Assembly and dismiss the Prime Minister and their cabinet. This was a significant shift in power, as prior to the Amendment, the President could not exercise their powers without the concurrence of the Prime Minister. The Amendment also gave the President the right to nominate the Prime Minister, Governors of the provinces, and Judges of the High Court and Supreme Court, including the Chief Justice.
The Eighth Amendment was drafted and enforced by the technocratic-military government of General Zia-ul-Haq, who first used the Amendment to dismiss Prime Minister Mohammad Khan Junejo for alleged corruption in 1988. The Amendment was in place until its repeal in 1997, during which time it was used extensively by President Ghulam Ishaq Khan to dissolve the National Assembly and dismiss the elected governments of Prime Ministers Benazir Bhutto and Nawaz Sharif.
The Eighth Amendment was repealed by the Thirteenth Amendment in 1997, which stripped the President of the power to dissolve the National Assembly and call for new elections, effectively reducing the President to a ceremonial figurehead. This was the first time in Pakistan's history that a President willingly relinquished a significant part of their powers, transferring them to Parliament and the office of the Prime Minister.
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The President as a ceremonial head of state
The Eighteenth Amendment to the Constitution of Pakistan, passed in 2010, transformed the role of the President into that of a ceremonial head of state. This amendment significantly curtailed the powers of the presidency and transferred authority to the parliament and the office of the prime minister.
Prior to the Eighteenth Amendment, the Eighth Amendment, enacted in 1985, had granted the President substantial authority. This included the power to unilaterally dissolve the National Assembly and dismiss the Prime Minister, as outlined in Article 58 2(b). The Eighth Amendment was introduced during the presidency of General Muhammad Zia-ul-Haq, who utilised it to dismiss Prime Minister Mohammad Khan Junejo in 1988.
The Eighteenth Amendment reversed the sweeping powers bestowed upon the presidency by the Eighth Amendment. It removed the President's ability to dissolve parliament unilaterally, effectively transforming Pakistan from a semi-presidential system to a parliamentary republic. The amendment also granted self-governing, legislative, and financial autonomy to provincial authorities.
The Eighteenth Amendment was a response to the centralisation of power by former presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq. It aimed to restore stability and balance to Pakistan's political system by redistributing powers and enhancing provincial autonomy.
While the Eighteenth Amendment diminished the President's role, it simultaneously strengthened the position of the Prime Minister. It removed the limit on the number of terms a Prime Minister could serve and gave the Prime Minister chairmanship of the Council of Common Interests (CCI). Additionally, it established that courts could no longer endorse suspensions of the constitution, and the appointment of judges would be made by a judicial commission.
The passage of the Eighteenth Amendment marked a significant shift in Pakistan's political landscape, emphasising parliamentary democracy and decentralisation of power. It underscored the country's commitment to democratic principles and the separation of powers between the branches of government.
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