Omar Bennett
The Eighth Amendment to the Constitution of Pakistan was passed by the National Assembly in 1985, during the presidency of General Zia-ul-Haq. This amendment gave the President the power to unilaterally dissolve the National Assembly and dismiss the Prime Minister, marking a shift in Pakistan's system of government from a parliamentary democracy to an assembly-independent republic. General Zia-ul-Haq used this amendment to dismiss Prime Minister Mohammad Khan Junejo in 1988. The Eighth Amendment was repealed by the Thirteenth Amendment in 1997, which restored the power of the Prime Minister and Parliament.
| Characteristics | Values |
|---|---|
| Date of Amendment | 1985 |
| Date Passed by National Assembly | 7 January 1999 |
| Date Passed by Senate | 3 June 1999 |
| Date Passed by National Assembly | 27 July 1999 |
| Who Passed the Amendment | National Assembly of Pakistan |
| Who Drafted and Enforced the Amendment | Technocratic-military government of General Zia-ul-Haq |
| Powers Granted | Power to unilaterally dissolve the National Assembly and dismiss the Prime Minister and his or her cabinet |
| Additional Notes | The 8th Amendment changed Pakistan's system of government from a parliamentary democracy to an assembly-independent republic |
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What You'll Learn
- The 8th Amendment gave the President the power to dissolve the National Assembly
- The bill was passed in the absence of the elected Parliament
- The 8th Amendment was drafted and enforced by General Zia-ul-Haq
- The amendment introduced a clause into Article 58 of the Constitution
- The 13th Amendment repealed the 8th Amendment in 1997
The 8th Amendment gave the President the power to dissolve the National Assembly
The Eighth Amendment to the Constitution of Pakistan was passed in 1985, during the presidency of General Muhammad Zia-ul-Haq. This amendment gave the President the authority to unilaterally dissolve the National Assembly and dismiss elected governments.
The specific provision that granted this power to the President was Article 58, sub-section 2(b), 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 gave the President the ability to dismiss the Prime Minister and their Cabinet by dissolving the National Assembly. The Eighth Amendment also strengthened the President's authority and granted them additional powers to dismiss the elected Prime Minister's government.
General Zia-ul-Haq first used this amendment to dismiss Prime Minister Mohammad Khan Junejo for alleged corruption in May 1988. From 1988 to 1996, President Ghulam Ishaq Khan also made extensive use of the Eighth Amendment to dissolve the National Assembly and dismiss the governments of Prime Ministers Benazir Bhutto and Nawaz Sharif.
However, the Eighth Amendment was repealed in 1997 by the Thirteenth Amendment, which stripped the President of the power to dissolve the National Assembly and call for new elections. This significantly reduced the power of the presidency, making the President a ceremonial figurehead.
In 2010, the Eighteenth Amendment was passed, further reversing the sweeping powers amassed by the presidency and turning Pakistan into a parliamentary republic.
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The bill was passed in the absence of the elected Parliament
The Eighth Amendment to the Constitution of Pakistan was passed in 1985. The bill was passed in the absence of the elected Parliament. This was a result of the compromise between the Parliament elected in the non-party elections of 1985 and then-President Gen. Zia-ul-Haq. The Eighth Amendment was drafted and enforced by the technocratic-military government of Gen. Zia-ul-Haq.
The Eighth Amendment strengthened the authority of the President, allowing the President to unilaterally dissolve the National Assembly and dismiss the Prime Minister's government. It also introduced a clause into Article 58 of the Constitution, which gave the President the power to dissolve the National Assembly if, in his 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."
The Eighth Amendment was first used by Gen. Zia-ul-Haq in May 1988 to dismiss Prime Minister Mohammad Khan Junejo for alleged corruption. The amendment stayed on the books until its repeal in 1997. In 1988, Benazir Bhutto pledged to abolish the amendment in her election manifesto, but she did not have a sufficient number of seats to do so. From 1988 to 1996, President Ghulam Ishaq Khan made extensive use of the Eighth Amendment to dissolve the National Assembly.
The Eighth Amendment was a significant departure from the previous system of parliamentary democracy, as it changed Pakistan's system of government to an assembly-independent republic. This amendment also caused the elected Parliament to endorse all Orders made by Gen. Zia-ul-Haq, including his takeover of July 5, 1977, and subsequent constitutional amendments. The power of the President's office was partially restored by the Seventeenth Amendment, which was passed during the presidency of Gen. Pervez Musharraf.
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The 8th Amendment was drafted and enforced by General Zia-ul-Haq
The 8th Amendment to the Constitution of Pakistan was drafted and enforced by General Zia-ul-Haq, who was the president of Pakistan at the time. The amendment was passed by the National Assembly of Pakistan in 1985 and gave the president the power to unilaterally dissolve the National Assembly and dismiss the prime minister and their cabinet. This power was subject to Supreme Court approval.
General Zia-ul-Haq had already made numerous amendments to the 1973 Constitution through various Constitution Amendment Orders before the 8th Amendment. The 8th Amendment was a compromise between the parliament elected in the non-party elections of 1985 and President Zia-ul-Haq. It changed Pakistan's system of government from a parliamentary democracy to an assembly-independent republic, strengthening the authority of the president.
The 8th Amendment introduced a clause into Article 58 of the Constitution, which allowed the president to dissolve the National Assembly if, "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." General Zia-ul-Haq first used this amendment to dismiss Prime Minister Mohammad Khan Junejo for alleged corruption in May 1988.
The 8th Amendment was repealed in 1997 by the 13th Amendment, which stripped the president of the power to dissolve the National Assembly and transferred power to the prime minister. This was the first time in Pakistan's history that a president had willingly relinquished a significant part of their power.
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The amendment introduced a clause into Article 58 of the Constitution
The Eighth Amendment to the Constitution of Pakistan was drafted and enforced by the technocratic-military government of General Zia-ul-Haq in 1985. The amendment introduced a clause into Article 58 of the Constitution, which granted the President the power to dissolve the National Assembly and dismiss the Prime Minister's government.
The specific clause inserted into Article 58 2(b) stated: "The President may also dissolve the National Assembly in his discretion where, in his opinion, an appeal to the electorate is necessary." This allowed the President to bypass the test of constitutional functioning when dissolving the National Assembly.
The amendment strengthened the authority of the President and gave them additional powers. General Zia-ul-Haq first used this amendment to dismiss Prime Minister Mohammad Khan Junejo in May 1988 for alleged corruption. Subsequently, Presidents Ghulam Ishaq Khan and Farooq Ahmad Khan Leghari also utilised this amendment to dismiss their respective Prime Ministers.
The Eighth Amendment changed Pakistan's system of government from a parliamentary democracy to an assembly-independent republic. This shift gave the President the ability to act without the need for parliamentary approval, marking a significant transfer of powers from the Parliament to the President.
The Thirteenth Amendment, passed in 1997, later stripped the President of the unilateral power to dissolve the National Assembly and call for new elections. This amendment reduced the President's role to a ceremonial figurehead, effectively reversing the changes brought about by the Eighth Amendment.
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The 13th Amendment repealed the 8th Amendment in 1997
The Eighth Amendment to the Constitution of Pakistan was passed in 1985, allowing the President to dissolve the National Assembly and dismiss the Prime Minister and their Cabinet. The law was drafted and enforced by the technocratic-military government of General Zia-ul-Haq, strengthening the President's authority and changing Pakistan's system of government from a parliamentary democracy to an assembly-independent republic.
General Zia-ul-Haq first used the amendment to dismiss Prime Minister Mohammad Khan Junejo in May 1988. The amendment was also used by President Ghulaam Ishaq Khan between 1988 and 1996 to dissolve the National Assembly and dismiss the elected governments of Prime Ministers Benazir Bhutto and Nawaz Sharif.
In 1993, Benazir Bhutto attempted to repeal the amendment, but she did not have a sufficient number of seats in Parliament to do so. It was not until 1997 that the Thirteenth Amendment was passed, repealing the Eighth Amendment and stripping the President of the power to dissolve the National Assembly and call for new elections. This reduced the role of the President to that of a ceremonial figurehead.
The Thirteenth Amendment also amended Articles 58, 101, and 112 of the Constitution. It removed the institutional checks and balances on the Prime Minister's power, giving them immunity from being legally dismissed. This had the effect of restoring ultimate authority to the Prime Minister, as is the case in most democracies following the Westminster system of governance.
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Frequently asked questions
The 8th Amendment was drafted and enforced by the technocratic-military government of General Zia-ul-Haq.
The 8th Amendment gave the President the power to unilaterally dissolve the National Assembly and dismiss the Prime Minister and his or her cabinet.
The 8th Amendment was repealed in 1997 by the 13th Amendment, which was passed unanimously by the parliament.
