Why Pakistan needed constitutional amendments?
How the process went ? What will be the outcomes?
By Dr Ashraf Chohan
Chairman PMLN UK
Pakistan has required constitutional amendments for various reasons throughout its history, driven by political, legal, and social needs. Here are the primary reasons why constitutional amendments have been necessary:
1. Balancing Power between Institutions
Amendments have often been introduced to redefine the powers of different state institutions—particularly the executive, legislature, and judiciary. For instance, the 18th Amendment (2010) significantly devolved powers from the federal government to the provinces, promoting a more balanced federation. Earlier amendments, such as the 8th Amendment (1985), expanded presidential powers under military rule, which was later reversed by the 18th Amendment to strengthen parliamentary democracy.
2. Restoring Democracy after Military Rule
Pakistan’s constitution has been amended multiple times following military interventions to restore democratic processes. Amendments were needed to reverse changes made under military rule, such as the curbing of parliamentary authority or judicial independence. For instance, after General Pervez Musharraf’s military regime, amendments were made to restore the balance of power and the democratic structure.
3. Ensuring Provincial Autonomy
Amendments like the 18th Amendment responded to long-standing demands for greater provincial autonomy. By granting provinces more control over their resources, administration, and legislation, the federal structure became more decentralized, addressing grievances of provincial imbalances in power.
4. Human Rights and Legal Reforms
Amendments have been necessary to strengthen fundamental rights, enhance protections for minorities, or modernize laws. These reforms often focus on guaranteeing freedoms of speech, religion, and equality before the law. For example, amendments have adjusted laws related to women’s rights, children’s welfare, and fair trials.
5. Judicial Reforms
Constitutional amendments have also focused on reforming the judiciary to make it more independent and accountable. These amendments clarify the judiciary’s role and ensure that judges’ appointments are transparent. The 19th Amendment (2010) refined the process for the appointment of judges after concerns were raised about the judiciary’s independence.
6. Political Stability and Continuity
To address periods of political instability, amendments have been introduced to clarify issues such as elections, disqualification of parliamentarians, and the term limits of elected officials. For example, the 21st Amendment (2015) allowed the creation of military courts for dealing with terrorism, responding to a period of intense security challenges.
7. Responding to National Crises
Amendments have also been necessary to respond to specific national crises, such as terrorism, national security issues, or economic crises. Legislative frameworks needed to be adjusted to provide the government with the tools to tackle these challenges more effectively.
8. Electoral Reforms
Amendments are also introduced to reform the electoral process. This includes clarifying election rules, ensuring transparency in political processes, and ensuring a free and fair electoral system. For example, the 22nd Amendment (2016) focused on ensuring the neutrality of the Election Commission of Pakistan.
9. Updating and Modernizing Laws
Pakistan’s constitution, first drafted in 1973, requires updates to keep pace with changing societal norms, technological advancements, and evolving political challenges. Amendments ensure that the constitution remains relevant and can address contemporary issues such as digital rights, climate change, and economic reforms.
10. Minority and Religious Reforms
Certain amendments were made to address specific religious or minority issues. For example, the constitution was amended to define the status of religious minorities, such as the inclusion of provisions regarding Ahmadis, and to address the legal framework surrounding religious and minority rights.
In summary, Pakistan has needed constitutional amendments to adapt to political changes, ensure democratic governance, protect human rights, promote judicial independence, and respond to social, economic, and security challenges. These amendments are crucial to maintaining the relevance and effectiveness of the country’s governing framework.
Process
The Senate on last Sunday passed the 26th Constitution Amendment Bill, capping Pakistan’s Chief Justice tenure for three years
The upper house of the parliament voted 65-4 to approve the 26th Constitutional Amendment Bill with the required two-thirds majority. The government needed the support of 64 members.
The bill, approved by the cabinet earlier in the day with the consensus among the ruling coalition partners, was presented in the Senate by Law Minister Azam Nazeer Tarar.
“I… wish to introduce a bill further to amend the Constitution of the Islamic Republic of Pakistan, the Constitution 26th Amendment Bill, 2024, Tarar said as he presented the bill in the upper house.
Pakistan has required constitutional amendments for various reasons throughout its history, driven by political, legal, and social needs. Here are the primary reasons why constitutional amendments have been necessary:
1. Balancing Power between Institutions
Amendments have often been introduced to redefine the powers of different state institutions—particularly the executive, legislature, and judiciary. For instance, the 18th Amendment (2010) significantly devolved powers from the federal government to the provinces, promoting a more balanced federation. Earlier amendments, such as the 8th Amendment (1985), expanded presidential powers under military rule, which was later reversed by the 18th Amendment to strengthen parliamentary democracy.
2. Restoring Democracy after Military Rule
Pakistan’s constitution has been amended multiple times following military interventions to restore democratic processes. Amendments were needed to reverse changes made under military rule, such as the curbing of parliamentary authority or judicial independence. For instance, after General Pervez Musharraf’s military regime, amendments were made to restore the balance of power and the democratic structure.
3. Ensuring Provincial Autonomy
Amendments like the 18th Amendment responded to long-standing demands for greater provincial autonomy. By granting provinces more control over their resources, administration, and legislation, the federal structure became more decentralized, addressing grievances of provincial imbalances in power.
4. Human Rights and Legal Reforms
Amendments have been necessary to strengthen fundamental rights, enhance protections for minorities, or modernize laws. These reforms often focus on guaranteeing freedoms of speech, religion, and equality before the law. For example, amendments have adjusted laws related to women’s rights, children’s welfare, and fair trials.
5. Judicial Reforms
Constitutional amendments have also focused on reforming the judiciary to make it more independent and accountable. These amendments clarify the judiciary’s role and ensure that judges’ appointments are transparent. The 19th Amendment (2010) refined the process for the appointment of judges after concerns were raised about the judiciary’s independence.
6. Political Stability and Continuity
To address periods of political instability, amendments have been introduced to clarify issues such as elections, disqualification of parliamentarians, and the term limits of elected officials. For example, the 21st Amendment (2015) allowed the creation of military courts for dealing with terrorism, responding to a period of intense security challenges.
7. Responding to National Crises
Amendments have also been necessary to respond to specific national crises, such as terrorism, national security issues, or economic crises. Legislative frameworks needed to be adjusted to provide the government with the tools to tackle these challenges more effectively.
8. Electoral Reforms
Amendments are also introduced to reform the electoral process. This includes clarifying election rules, ensuring transparency in political processes, and ensuring a free and fair electoral system. For example, the 22nd Amendment (2016) focused on ensuring the neutrality of the Election Commission of Pakistan.
9. Updating and Modernizing Laws
Pakistan’s constitution, first drafted in 1973, requires updates to keep pace with changing societal norms, technological advancements, and evolving political challenges. Amendments ensure that the constitution remains relevant and can address contemporary issues such as digital rights, climate change, and economic reforms.
10. Minority and Religious Reforms
Certain amendments were made to address specific religious or minority issues. For example, the constitution was amended to define the status of religious minorities, such as the inclusion of provisions regarding Ahmadis, and to address the legal framework surrounding religious and minority rights.
In summary, Pakistan has needed constitutional amendments to adapt to political changes, ensure democratic governance, protect human rights, promote judicial independence, and respond to social, economic, and security challenges. These amendments are crucial to maintaining the relevance and effectiveness of the country’s governing framework.
Process
The Senate on last Sunday passed the 26th Constitution Amendment Bill, capping Pakistan’s Chief Justice tenure for three years
The upper house of the parliament voted 65-4 to approve the 26th Constitutional Amendment Bill with the required two-thirds majority. The government needed the support of 64 members.
The bill, approved by the cabinet earlier in the day with the consensus among the ruling coalition partners, was presented in the Senate by Law Minister Azam Nazeer Tarar.
The bill included 22 clauses of amendments. The upper house passed the bill clause-wise and all clauses got the support of 65 senators.
Themagic number was achieved after Jamiat Ulema-e-Islam-Fazl’s five senators and two lawmakers of Balochistan National Party-Mengal voted in favour of the bill. The BNP-M favoured the amendment despite, violating the party line to abstain during the proces”Sixty-five members are in favour of the motion regarding the bill and four oppose the bill.and consequently the bill has been passed, Gilani said, announcing the res
The bill set up a 12-member commission to appoint the chief justice who will be appointed for three years.
The bill will now go to the National Assembly, where it needs a two-thirds majority to clear the hurdle. Finally, it should receive the nod of the president to become part of the constitution.
Earlier in the day, the Cabinet approved the proposed draft of the controversial bill during a meeting chaired by Prime Minister Shehbaz Sharif after seeking consensus from the coalition partners, his office said.
According to a statement from the Prime Minister’s Office, the cabinet decided to approve the bill in the wider interest of the country while adhering to the oath of national development and public welfare.
Ahead of the cabinet meeting, Prime Minister Shehbaz met with President Asif Ali Zardari for detailed discussions on the proposed constitutional amendment, during which the president was briefed and consulted, Express News reported.
Addressing a press conference before the start of the Senate session, Law Minister Tarar said that a new body is being created to appoint the judges. He said before the 18th Amendment, judges were appointed by the President on the advice of the Prime Minister.
He said the new-face’ commission would consist of the Chief Justice, four senior-most apex court judges, two senators and two national assembly members MNAs – one of each will be from the opposition.
Constitutional amendments in Pakistan can bring several benefits, addressing political, social, economic, and governance-related challenges. The following are some of the key potential benefits:
1. Strengthening Democracy
• Restoring Parliamentary Supremacy: Amendments like the 18th Amendment, which reduced presidential powers and restored the role of Parliament, reinforce the democratic principle of parliamentary sovereignty. This prevents authoritarian tendencies and ensures that elected representatives hold the ultimate power.
• Enhancing Political Stability: By refining processes related to elections, governance, and the judiciary, amendments can promote long-term political stability, minimizing disruptions caused by institutional conflicts or unclear power-sharing arrangements.
2. Promoting Provincial Autonomy
• Devolution of Powers: Amendments like the 18th Amendment, which devolved powers to the provinces, can enhance governance by allowing local governments to address regional issues more effectively. This leads to better resource allocation and policy-making that reflects the needs of specific provinces.
• Reducing Ethnic and Regional Tensions: Greater provincial autonomy can ease longstanding grievances related to centralized control and imbalanced resource distribution, particularly in marginalized regions like Balochistan and Khyber Pakhtunkhwa.
3. Strengthening the Judiciary
• Judicial Independence: Amendments aimed at ensuring a transparent judicial appointment process, like the 19th Amendment, can strengthen the judiciary’s independence. A fair and impartial judiciary promotes rule of law and ensures that constitutional rights are protected.
• Improved Accountability: Constitutional reforms can clarify judicial oversight mechanisms, leading to a more accountable and transparent legal system that is trusted by the public.
4. Human Rights Protection
• Enhancing Fundamental Rights: Amendments that expand or reinforce fundamental rights, such as protections for freedom of speech, religion, and equality, help ensure that citizens’ rights are upheld. This can strengthen civil liberties and foster a more inclusive society.
• Protection of Vulnerable Groups: Amendments that address the rights of minorities, women, and marginalized communities can bring legal reforms that reduce discrimination and promote equality.
5. Economic and Administrative Reforms
• Improved Governance: Amendments can lead to administrative reforms that modernize government structures, improving efficiency in service delivery. This can include reforms in taxation, economic planning, and public accountability mechanisms.
• Stimulating Economic Growth: By devolving economic decision-making to provinces or streamlining government processes, amendments can create an environment conducive to investment, development, and more effective use of resources. Provinces can take more control over their economic policies, including resource management, leading to more regionally focused economic growth.
6. Enhancing Security and Stability
• Combating Terrorism and Extremism: Amendments like the 21st Amendment, which enabled the creation of military courts to handle terrorism cases, demonstrate how constitutional changes can address national security concerns. By creating specific legal frameworks to deal with pressing security challenges, amendments can help stabilize the country and restore public confidence.
• Improved Legal Frameworks for National Crises: Amendments can adapt the constitution to respond to national emergencies, whether they are related to terrorism, pandemics, or natural disasters. This allows the state to respond more efficiently while still adhering to legal principles.
7. Electoral and Political Reforms
• Fairer Elections: Amendments like the 22nd Amendment, which focused on improving the neutrality and transparency of the Election Commission of Pakistan, can lead to more credible elections. Transparent electoral processes enhance public trust in democracy and reduce the likelihood of political instability due to disputed elections.
• Political Accountability: Reforms in the constitution can ensure more robust systems for holding politicians accountable. This may include reforms on issues like campaign finance, qualifications for political office, and transparency in government.
8. Reducing Military Interference in Politics
• Curtailing Presidential Powers: Amendments that limit the role of the president, such as those found in the 18th Amendment, reduce the possibility of military or executive overreach. By focusing power on Parliament, amendments help prevent military-backed or authoritarian presidents from dissolving democratic institutions.
• Civilian Oversight of the Military: Amendments can reinforce civilian control over the military by clearly defining the military’s role within the constitution and ensuring that military actions are accountable to civilian government institutions.
9. Modernizing the Constitution
• Adaptation to Modern Realities: Over time, constitutional amendments can address issues that were not originally considered by the framers of the constitution. This can include adapting laws to technological advancements, environmental concerns, and evolving global norms around human rights and governance.
• Digital and Technological Governance: As Pakistan faces challenges related to cybercrime, data privacy, and digital governance, amendments can introduce new frameworks to manage these emerging sectors and ensure that laws keep up with technological advancements.
10. Strengthening National Unity
• Addressing Ethnic and Linguistic Diversity: Amendments can recognize the country’s diverse ethnic, linguistic, and cultural backgrounds. For example, laws can be introduced to promote regional languages or recognize the rights of different communities, fostering a sense of national unity.
• Inclusion of Marginalized Regions: Constitutional reforms can address longstanding grievances of marginalized or underrepresented regions. By bringing all provinces and regions into the fold of national decision-making processes, amendments promote unity and inclusiveness.
11. Legal Clarity and Constitutional Integrity
• Clarifying Ambiguities: Constitutional amendments can address ambiguities or gaps in the constitution, ensuring that laws are clearly defined and reducing the potential for misinterpretation. This enhances the integrity of the legal system and ensures smoother governance.
• Aligning with International Commitments: Amendments can bring Pakistan’s legal framework in line with international agreements or obligations, particularly in areas such as human rights, climate change, and trade, thereby improving Pakistan’s global standing.
1. Disqualification of Prime Ministers:
• Yousaf Raza Gillani (2012): The Supreme Court of Pakistan disqualified Gillani for contempt of court after he refused to initiate a corruption investigation against President Asif Ali Zardari.
• Nawaz Sharif (2017): The Supreme Court disqualified Sharif under Article 62(1)(f) of the Constitution in the Panama Papers case, ruling that he was not “honest” and “truthful.”
2. Judiciary’s Role in Dissolving Parliaments:
• In 1954, the Federal Court under Chief Justice Munir upheld the dissolution of the Constituent Assembly by Governor-General Ghulam Muhammad, a decision criticized for legitimizing executive overreach.
• In 1993, the Supreme Court reinstated Nawaz Sharif’s government after President Ghulam Ishaq Khan dissolved the parliament, showing the complex dynamics between the judiciary and executive powers.
In summary, constitutional amendments in Pakistan will serve as a vital mechanism for addressing governance, security, social justice, and economic challenges. They will ensure that the constitution evolves to meet the needs of the country and its people, promoting stability, democracy, and development.
