Daily Times

The seventh amendment in the constitution was made effective on May 16, 1977 under which Articles 101 and 245 were altered. The prime minister was given the power of referendum to prove his popularity and the judiciary was restrained from touching issues pertaining to the armed forces. On October 17, 1985, the eighth amendment was carried, empowering the president to dissolve the National Assembly, appoint the services chiefs, governors of provinces, and designate the prime minister. It appears that two power centres were created and vast powers were vested in the president. Under these presidential powers, four successive elected governments could not complete their constitutional terms.

The ninth amendment was presented in the National Assembly in 1988 but it could not be approved. The 10th constitutional amendment became effective on March 29, 1987. The 11th amendment was tabled in 1988 but it could not be passed. In that amendment bill, the restoration of special seats for women was proposed. Through the 12th constitutional amendment, Nawaz Sharif established special courts to ensure speedy trial of accused involved in heinous crimes. Through the 12th constitutional amendment, Sharif established special courts to ensure speedy trial of accused involved in heinous crimes.

The 13th constitutional amendment became effective on April 4, 1997. Through this amendment the powers of dissolving the assemblies were taken back from the president and vested in the prime minister. This amendment was made with the mutual agreement of government and opposition.

The 14th amendment became effective on June 30, 1997. Through this amendment political parties were empowered to terminate the parliamentary membership of their members involved in floor crossing to strengthen other political parties.

The 15th amendment is about the Shariat Bill, which was approved on August 28, 1998. Through this amendment, the Holy Quran and Sunnah were declared the guiding principles for running government. Under the banner of an Islamic system, Sharif tried to get absolute powers. This amendment was passed by the National Assembly but could not be passed in the Senate.

The 16th constitutional amendment became effective in 1990. Through this amendment the period of the quota system was extended up to 2013. Only the Muttahida Qaumi Movement (MQM) voted against the move. The 17th amendment became effective in December 2003 in which the president got back the powers of dissolving the assemblies and the LFO was made part of the constitution.

The unanimous passage of the 18th, 19th and 20th amendments restored the genuine parliamentary system and ensured more autonomy to the provinces, as 247 members from both government and opposition benches in the lower house voted for the amended version of the bill. No members present in the house voted against it.

The amendment has set down a process to install a caretaker set-up and hold free and fair elections in the future. Through that, the PPP government has ensured free, fair and transparent elections in the country for future generations and an independent Election Commission of Pakistan (ECP). It is to the credit of the democratic government that from now on there will not be any imported caretaker prime minister in this country. Even a minor role for appointing the caretaker prime minister to hold general elections has been eliminated by the 20th Constitutional Amendment.

The 20th Constitutional Amendment Bill 2012 has given the ECP sweeping powers by minimising government’s direct role in the appointment and removal of its members. Under the new mechanism of choosing caretakers, as envisaged by the amendment, both prime minister and leader of the opposition in the National Assembly would hold a ‘consultation’ on the matter. The process of finalising names must be completed within three days of the assembly being dissolved. In case the premier and the opposition leader fail to agree, an eight-member committee comprising four members from both sides will come up with its suggestions. If this panel also fails to agree, the ECP will then be empowered to send names to the president.

The amendment also envisaged that four members, one from each province, would be chosen for five years and the government would have to follow the same procedure to seek their removal, as is the case with High Court judges. An incumbent prime minister or chief minister will continue to hold office till the appointment of their replacements. The amendment also allows political parties to make additional nominations to their lists for parliamentary seats reserved for women and minorities if an existing list is exhausted.

In culmination, it is submitted that constitutional amendments have always been carried out to victimise the political structure of Pakistan. I daresay military dictators in the past abrogated the constitution by imposing martial laws to gain political benefits, which were vague and untenable in a modern age parliamentary democracy. Thus, the state pillars in coming years should work to strengthen democracy in Pakistan.

(Concluded)

The writer is an attorney and a lecturer in Law of International Trade and can be reached at greenlaw123@hotmail.com