18th Amendment to the Constitution of Pakistan: A Shift to Parliamentary Democracy

Posted on May 1, 2024 in Law & Jurisprudence

18th Amendment to the Constitution of Pakistan

Overview

The 18th Amendment, passed in April 2010, marked a significant shift in Pakistan’s political landscape. It aimed to curtail the President’s powers, transforming the country from a semi-presidential to a parliamentary republic. Additionally, it renamed the North-West Frontier Province to Khyber Pakhtunkhwa.

Key Changes

I. Constitutional Amendments

  1. Removal of references to former President Zia-ul-Haq from the Constitution.
  2. Renaming of North-West Frontier Province to Khyber Pakhtunkhwa.
  3. Repeal of the 17th Amendment and the Legal Framework Order introduced by Pervez Musharraf.
  4. Lifting of the ban on individuals serving as Prime Minister or Chief Minister for more than two terms.
  5. Restructuring of the Council of Common Interests (CCI) with the Prime Minister as chairperson and mandatory meetings every 90 days.
  6. Establishment of a judicial commission to recommend the appointment procedure for superior judges, with final decisions made by a parliamentary commission.
  7. Appointment of a Chief Election Commissioner through consensus between the government and opposition.
  8. Establishment of the Islamabad High Court and benches of high courts in Mingora and Turbat.
  9. Recognition of children’s right to education and insertion of Article 25A, guaranteeing free and compulsory education for all children up to age 16.

II. Impact

  1. Transformation of the President into a ceremonial head of state, with increased powers for the Prime Minister and removal of term limits.
  2. Removal of the President’s authority to appoint the head of the Election Commission.
  3. Elimination of the President’s power to declare emergency rule in any province.
  4. Fulfillment of the Pashtun population’s wish to rename NWFP to Khyber Pakhtunkhwa.
  5. Overwhelming support for the amendment, with 292 out of 342 National Assembly members voting in favor.

Comparison with the 17th Amendment

The 17th Amendment, passed in 2003 during Pervez Musharraf’s presidency, had contrasting effects on Pakistan’s democracy. It empowered the President and reversed some democratic reforms introduced by the 13th Amendment. Key aspects of the 17th Amendment included:

  • Vote of Confidence: Allowed a non-elected President to become elected and hold office for five years through a vote of confidence from an electoral college.
  • Legal Framework Order (LFO) 2002: Incorporated the LFO, containing orders issued by an unelected President, into the Constitution.
  • Dissolution of Assemblies: Empowered the President to dissolve the National Assembly and Governors to dissolve Provincial Assemblies.
  • Annulment of Article 152-A: Removed Article 152-A, which established the National Security Council.

Conclusion

The 18th Amendment represents a significant step towards strengthening parliamentary democracy in Pakistan. By transferring power from the President to the Prime Minister and Parliament, it aims to create a more balanced and accountable system of governance. While the 17th Amendment had centralized power in the presidency, the 18th Amendment seeks to rectify this imbalance and promote democratic principles.