Jonah Patel
The 18th Amendment to Pakistan's 1973 Constitution was passed unanimously by parliament in 2010. The amendment, which consists of 102 articles, has been described as having made the 1973 Constitution more democratic. It reversed changes made by Gen Musharraf’s government that had undermined parliament, returning power to parliament and providing the provinces with strong legislative and financial autonomy.
| Characteristics | Values |
|---|---|
| Year | 2010 |
| Effect on 1973 Constitution | Made the constitution more democratic |
| Effect on National Finance Commission award | Increased the share of fiscal resources to the provinces to 57% |
| Legislative power | Returned powers to parliament |
| Financial power | Gave control of mineral resources to the provinces |
| Religious minorities | Strengthened discrimination against religious minorities |
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What You'll Learn
The 18th Amendment overhauled the 1973 Constitution
The 18th Amendment to Pakistan's 1973 Constitution was unanimously adopted by parliament in 2010. It virtually overhauled the 1973 Constitution, making it more democratic. The amendment included 102 important articles.
The 18th Amendment struck down the 17th Amendment imposed by General Musharraf's government, which had undermined parliament. It removed Article 58(2)(b), which gave the president the power to dismiss an elected prime minister. It also provided the provinces with strong legislative and financial autonomy, removing a major cause of friction among the provinces over the distribution of resources.
The 18th Amendment also restructured the National Finance Commission award, increasing the share of fiscal resources given to the provinces to 57%. It also gave the provinces control of mineral resources, addressing the alienation of smaller provinces that had accused the centre of exploitation.
However, critics of the 18th Amendment argue that transferring a large part of fiscal resources to the provinces limits the financial space of the federal government, which is responsible for significant defence expenditure and debt servicing.
The 18th Amendment may have contributed to the country's path of democracy. It ensured the supremacy of parliament by removing dictatorial footprints from the Constitution. However, it retained some regressive clauses, such as barring non-Muslims from holding the office of president, thereby strengthening discrimination against religious minorities.
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It removed dictatorial footprints from the Constitution
The 18th Amendment to Pakistan's 1973 Constitution was designed to strengthen the country's democratic process. It removed dictatorial elements from the Constitution, such as Article 58(2)(b), which gave the president the power to dismiss an elected prime minister. The amendment also provided the provinces with strong legislative and financial autonomy, removing a key source of inter-provincial friction.
The 18th Amendment also led to the restructuring of the National Finance Commission award, increasing the share of fiscal resources allocated to the provinces to 57%. This was intended to address accusations of exploitation levelled by smaller provinces against the central government. The amendment gave provinces control over mineral resources, further enhancing their financial independence.
However, critics argue that transferring a large portion of fiscal resources to the provinces limits the financial flexibility of the federal government, which is responsible for significant defence expenditures and debt servicing. In response, some economists contend that the federal government still retains a surplus after covering defence and debt-related expenses, allowing it to meet other financial obligations.
While the 18th Amendment aimed to ensure the supremacy of parliament and remove dictatorial provisions, it retained certain controversial clauses introduced by Gen Zia, allegedly under pressure from right-wing parties. One such regressive clause bars non-Muslims from holding the office of president, strengthening discrimination against religious minorities.
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It restructured the National Finance Commission award
The 18th Amendment to the Constitution of Pakistan was passed by the National Assembly of Pakistan on April 8, 2010. The amendment brought about several significant changes, including restructuring the National Finance Commission (NFC) award.
The NFC award is a critical component of Pakistan's fiscal framework, governing the allocation of revenues between the federal government and the provinces. It is based on the recommendations of the NFC, as outlined in Article 160 of the Constitution. The NFC award determines the distribution of tax revenues collected by the government, ensuring that each province receives sufficient funds to function effectively.
Prior to the 18th Amendment, the relationship between the Centre and the provinces was often contentious. The amendment addressed this issue by devolving several subjects and ministries to the provincial level, enhancing their financial autonomy. This devolution of powers significantly altered the dynamics of revenue distribution, as it empowered the provinces with greater financial independence and decision-making authority.
The 18th Amendment also had implications for the federal government's finances. With the devolution of subjects and ministries to the provinces, there were concerns about the decreasing financial resources available to the federal government. This sparked debates and discussions around revisiting the NFC award and addressing the federal government's expenditure on subjects that were no longer under their purview.
The impact of the 18th Amendment on the NFC award extended beyond the immediate financial implications. By empowering the provinces and addressing historical inequities, the amendment contributed to the overall political and economic stability of Pakistan. It represented a significant step towards provincial autonomy and a more balanced distribution of power and resources.
In conclusion, the 18th Amendment to the 1973 Constitution of Pakistan played a pivotal role in restructuring the NFC award. It transformed the relationship between the Centre and the provinces, enhanced provincial autonomy, and sparked discussions around equitable revenue distribution and efficient financial management at both the federal and provincial levels.
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It contributed to the country's path of democracy
The 18th Amendment to Pakistan's 1973 Constitution was unanimously adopted by parliament in 2010 after two years of deliberation by a parliamentary committee that was represented by all the major parties. The amendment includes 102 important articles and has made the 1973 Constitution more democratic.
The 18th Amendment contributed to the country's path of democracy by restructuring the National Finance Commission award. It increased the share of fiscal resources controlled by the provinces to 57%, giving them strong legislative and financial autonomy. This removed one of the major causes of alienation of the smaller provinces, which had accused the central government of exploitation.
The amendment also struck down the 17th Amendment imposed by Gen Musharraf’s government, which had undermined parliament by giving the president the power to dismiss an elected prime minister. By removing this dictatorial power, the 18th Amendment ensured the supremacy of parliament.
However, the 18th Amendment retained some undemocratic clauses, including barring non-Muslims from holding the office of president, thereby strengthening discrimination against religious minorities.
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It provided provinces with strong legislative and financial autonomy
The 18th Amendment to Pakistan's 1973 Constitution provided provinces with strong legislative and financial autonomy. This amendment, adopted unanimously by parliament in 2010, significantly overhauled the constitution, making it more democratic.
One of the key ways in which the 18th Amendment strengthened provincial autonomy was by restructuring the National Finance Commission award. This restructuring increased the share of fiscal resources allocated to the provinces to 57%. Additionally, the insertion of Article 160 (3A) ensured that the provinces' share in each NFC award could not be less than the previous award. This transfer of financial resources to the provinces was expected to address alienation among smaller provinces, which had accused the central government of exploitation.
The amendment also granted provinces control over mineral resources, further enhancing their financial autonomy. Critics, however, argued that transferring a large portion of fiscal resources to the provinces limited the financial resources available to the federal government, which bears significant defence and debt-servicing expenditures. Nonetheless, economists counter this argument by asserting that the federal government still retains a surplus after meeting these expenses.
The 18th Amendment also played a crucial role in ensuring the supremacy of parliament by removing dictatorial provisions from the constitution. It reversed the 17th Amendment imposed by General Musharraf's government, which had empowered the president to dismiss an elected prime minister. By removing this provision, the 18th Amendment restored power to parliament.
While the 18th Amendment has been praised for its contributions to democracy and provincial autonomy, it has also been criticised for retaining or introducing certain regressive clauses. One such clause bars non-Muslims from holding the office of president, strengthening discrimination against religious minorities.
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Frequently asked questions
The 18th Amendment virtually overhauled the 1973 Constitution, making it more democratic. It removed dictatorial footprints from the Constitution, returning powers to parliament and providing provinces with strong legislative and financial autonomy.
The 18th Amendment restructured the National Finance Commission award, increasing the share of fiscal resources to the provinces to 57%. It also gave control of mineral resources to the provinces.
Critics claim that the transfer of a large part of fiscal resources to the provinces limits the financial space for the federal government, which is responsible for significant defence expenditure and debt servicing. The amendment has also been criticised for introducing regressive and undemocratic clauses, such as barring non-Muslims from holding the office of president.
