Jonah Patel
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 the assent of the President on January 7, 2015. The amendment was made in response to the Peshawar school massacre in 2014 and established speedy trial military courts for terrorist offenses, waging war against Pakistan, and acts threatening the security of Pakistan. The amendment included a self-contained sunset clause, causing the changes to expire on January 7, 2017.
| Characteristics | Values |
|---|---|
| Year | 2003 |
| Article Amended | 58(2)(b)(i) |
| Purpose | To restore the system of separate elections for each house of parliament, i.e., the National Assembly and the Senate, thereby undoing the 17th Amendment. |
| Key Changes | - Restored the original term lengths for National Assembly and Provincial Assembly members: 5 years and 4 years, respectively. - Stipulated that elections for provincial assemblies and the National Assembly must be held within 60 days of the dissolution or expiration of the previous assembly. - Removed the limit on a person serving as Prime Minister for more than two terms. |
| Status | Enacted |
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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 received the assent of the President on January 7, 015. The Bill amended Article 175 and the First Schedule of the Constitution.
Article 175, Clause (3) was amended by substituting a colon for the full stop at the end of the sentence. This was followed by the insertion of a proviso that specified that the provisions of this Article would not apply to the trial of persons under the Acts mentioned at serial numbers 6, 7, 8, and 9 of sub-part III or Part I of the First Schedule. These individuals would be those who claim or are known to belong to any terrorist group or organization using the name of a religion or sect. The term 'sect' here refers specifically to a sect of religion and does not extend to any religious or political party regulated under the Political Parties Order of 2002.
The Twenty-first Amendment established speedy trial military courts for terrorist offenses, waging war against Pakistan, and acts threatening the security of Pakistan. This amendment was a direct response to the Peshawar school massacre in 2014 and included a self-contained sunset clause, causing the amendments to expire on January 7, 2017.
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Amendment of First Schedule
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. This amendment was made in response to the Peshawar school massacre in 2014 and was designed to address terrorist offences, acts of war against Pakistan, and any threats to the country's security.
The Twenty-first Amendment included changes to Article 175 and the First Schedule of the Constitution. The focus of this response will be on the Amendment of the First Schedule.
The First Schedule of the Constitution, in Sub-part III of Part I, saw the addition of new entries after entry 5. These new entries pertained to the Pakistan Army Act, which was added to the First Schedule.
The specific changes made to the First Schedule by the Twenty-first Amendment are not detailed in the sources available. However, it is clear that the amendment was intended to provide constitutional protection for measures taken to address terrorism, war, and security threats. The amendment also established military courts to expedite the trial of offences related to these issues, with a specified duration of two years for these courts.
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Speedy trial military courts
The Twenty-first Amendment to the Constitution of Pakistan established speedy trial military courts for offences related to terrorism, waging war against Pakistan, and acts threatening the security of Pakistan. The amendment was passed by the National Assembly and Senate of Pakistan on January 6, 2015, and received presidential assent on January 7, 2015. It amended Article 175 and the First Schedule of the Constitution and included a sunset clause, causing the amendments to expire on January 7, 2017.
The decision to amend the constitution was made following the Peshawar school massacre in 2014. The amendment aimed to address the extraordinary circumstances and grave threats to Pakistan's territorial integrity posed by terrorists, foreign-funded elements, and religious extremist groups. It provided constitutional protection for measures taken in the interest of the country's security and integrity.
Article 175, Clause (3) of the Constitution was amended to exclude the application of its provisions to the trial of persons under specific Acts mentioned in the First Schedule who were known or claimed to belong to any terrorist group or organisation using religion or sect as a cover. The expression 'sect' in this context refers specifically to a sect of religion and does not extend to religious or political parties regulated under the Political Parties Order of 2002.
The establishment of speedy trial military courts was intended to address the urgent need for swift justice in cases related to terrorism and threats against the state. These courts were given a duration of two years to operate, reflecting the temporary nature of their mandate. The Twenty-first Amendment demonstrates Pakistan's commitment to combating terrorism and ensuring the country's security through constitutional means.
It is worth noting that the Twenty-third Amendment, enacted in 2017, revived the expired provisions of the Twenty-first Amendment with certain modifications. This highlights the ongoing importance of the measures introduced by the Twenty-first Amendment in Pakistan's efforts to address terrorism and security threats.
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Terrorist offenses
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, 015. The amendment was a response to the Peshawar school massacre in 2014, aiming to address terrorist offenses and protect the security and integrity of Pakistan.
The Twenty-first Amendment amended Article 175 and the First Schedule of the Constitution. It introduced a self-contained sunset clause, causing the amendments to expire on January 7, 2017. The amendment established speedy trial military courts to address terrorist offenses, specifically targeting individuals or organizations associated with terrorism and using religion or sects as a guise.
Article 175, Clause (3) of the Constitution was modified by substituting a full stop with a colon and adding a proviso. This proviso specified that Article 175 would not apply to the trial of persons associated with terrorist groups or organizations under specific Acts mentioned in the First Schedule. The term “sect” in this context refers to a sect of religion and excludes any religious or political party regulated under the Political Parties Order of 2002.
The First Schedule of the Constitution was also amended by adding new entries in sub-part III of Part I, specifically related to the Pakistan Army Act. These amendments were designed to address the extraordinary circumstances and grave threats posed by terrorism, waging war against Pakistan, and acts compromising the country's security.
The Twenty-first Amendment reflected the resolve of the people of Pakistan to eradicate terrorism and protect the nation's security. It provided constitutional protection for the measures taken to address terrorist offenses and ensured speedy trials for those accused of such crimes.
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Peshawar school massacre
The Twenty-first Amendment to the Constitution of Pakistan was passed in response to the 2014 Peshawar school massacre. The amendment established speedy trial military courts for terrorist offences, waging war against Pakistan, and acts threatening the security of Pakistan. The duration of these courts was set at two years, with a sunset clause causing the amendments to expire on 7 January 2017.
On 16 December 2014, six gunmen affiliated with the Tehrik-i-Taliban Pakistan (TTP) conducted a terrorist attack on the Army Public School in Peshawar, Pakistan. The terrorists, all of whom were foreign nationals, consisting of one Chechen, three Arabs, and two Afghans, entered the school and opened fire, killing 149 people, including 132 schoolchildren between eight and eighteen years old. The attack was one of the world's deadliest school massacres and sparked national outrage, leading to the establishment of the National Action Plan to crack down on terrorism.
During the attack, Khorasani, a TTP leader, claimed that their suicide bombers had entered the school with instructions not to harm the children but to target army personnel. This was a revenge attack for the army offensive in North Waziristan. However, the Taliban later contradicted this statement, claiming that over 50 sons of important army officers were killed after being identified. The attack was mainly coordinated by TTP leaders operating in Afghanistan, and the mastermind, Umar Mansoor, revealed himself in a video released by TTP on 18 December 2014.
The Peshawar school massacre had far-reaching consequences. Pakistan launched a crackdown on militants, arresting over 32,000 people in 28,000 anti-militant operations. The moratorium on the death penalty in terrorism cases was lifted, resulting in a significant increase in executions in the country. The Army Public School Peshawar was reopened on 12 January 2015 under the guard of Pakistan's security forces, with the Chief of Army Staff, General Raheel Sharif, assuring students and victims that such an incident would never recur. To honour the victims, Pakistan renamed 107 schools after the children killed in the massacre.
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Frequently asked questions
The Twenty-First Amendment to the Constitution of Pakistan established speedy trial military courts for terrorist offenses, waging war against Pakistan, and acts threatening the security of Pakistan.
The Twenty-First Amendment was passed in response to the 2014 Peshawar school massacre, aiming to wipe out terrorists and protect the security and integrity of Pakistan.
The Amendment amended Article 175 and the First Schedule of the Constitution, including a self-contained sunset clause, causing the amendments to expire on January 7, 2017.
The Amendment was passed by the National Assembly and Senate of Pakistan on January 6, 2015, and received the assent of the President on January 7, 2015.
The establishment of speedy trial military courts for a limited duration of two years to address terrorist offenses and threats to Pakistan's security.
