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Week 11
Constitutional Amendment
Readings: Malik, Hafeez.ed. Pakistan: Founder’s Aspiration and
today’s Realities, Newyork:
oxford university press.2001. Ch. 2.
1 st Amendment 4 May, 1974
References of East Pakistan were expunged from Constitution.
When Constitution was made, we didn’t recognize Bangladesh. In
Constitution, it was written in Article 1 that East Pakistan is
occupied by Pakistan. However, Bangladesh was established in
1971 and it was also a member of OIC. In 1974, Pakistan was to
Host the summit of OIC and Bangladesh, being member of OIC,
was also an invitee. But a country that doesn’t hasdiplomatic
relations with you cannot be invited. Thus, at that time, Pakistan
recognized Bangladesh.
• 2nd Amendment 17 Sept, 1974
Defined a Muslim and declared the status
of Ahmadis as minority and & “non-Muslim”
3, 4, 5, 6 th Amendments were Procedural.
• 3rd Amendment 18 Feb, 1975
Extended the period of preventive detention of those who are
accused of committing serious cases of treason and espionage
against the state of Pakistan, from 1 month to 3 months.
• 4 th Amendment 21 Nov, 1975
It deprived courts of the power to grant bail to any person detained
under any preventive detention. It also reserved the seats for
minorities (non-Muslims) representation to the Parliament to protect
minority rights. There shall be in the National Assembly six additional
seats reserved for the persons, who are not exclusively Muslims.
• 5 th Amendment 5 Sept, 1976
Widened the scope of restriction on the High Courts (Not important)
• 6 th Amendment 22 Dec, 1976
Provided that Chief Justice of Supreme Court will be retired at the
age of 65 and High Court judges at age 62.
7th Amendment
PM can take vote of confidence from the NA as well as directly from the
general public through referendum. When allegations were made in
elections of 1977, and it became difficult to take vote of confidence in
parliament, then Bhutto decided to take vote of confidence from public.
Thus, 7 th amendment was introduced.
It was adopted by the elected Parliament on 16 May 1977, a month before
the ending of the democratic govt. of PM Bhutto Before this was
implemented, Zia ul Haq on 5 th July 1977 dissolved the government of
Bhutto through operation fair play, at the very time when agreement was
made b/w Bhutto and Jamat-e-Islami and state was moving towards
democracy, and imposed martial law.
8th Amendment 11 Nov, 1985
• Changed Pakistan’s government from a Parliamentary system to a Semi-
presidential system by giving the President anumber of additional powers.
RCO 1985: in that Zia brought following amendments to the Constitution:
• i. Objective Resolution was made part of Constitution under Article 2A
MINUS the Minority part.
Which means that minority doesn’t have the right to profess their
religion.
• ii. Semi-Presidential Form of Government. He converted the Constitution
into Semi-Presidential form of Government which means that President
shall be both HOS & HOG. He will have the power to dissolve all
assemblies. Article 58(2)(b) was introduced.
58-2 The President may dissolve the NA in his discretion
where, in his opinion,
• a) a vote of no-confidence having been passed against
the PM, no other member of the National Assembly is
likely to command the confidence of the majority of the
members of the National Assembly; Or
• b) 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.
• 9th Amendment Shariah Bill
Bill to impose Shariah law as the supreme law of land. The bill
was passed by Senate but could never be passed by National
Assembly owing to the latter's dissolution.
• 10th Amendment 25 Mar, 1987
This amendment is also redundant. This was also a procedural
amendment. Amendment was made by changing the duration of
interval period between sessions of the National Assembly &
Senate from 160 days to 130 days. Now 18 th amendment has
changed it to 120 days. Thus, this amendment doesn’t matter now.
• 11 th Amendment
The Amendment sought to restore the seats for Women in National
Assembly to 20. The bill was later withdrawn after the Govt. gave
assurance that they intend to introduce the same bill themselves soon It
was brought by Benazir Bhutto. This, too, wasn’t passed. The government
of Benazir was of small period i.e. 18 months. President GI Khan dissolved
the government.
• 12 th Amendment 1991
Created Speedy Trial Court for 3 years. Sectarianism had been permeated
in Pakistan because of the efforts of Zia. There used to occur target killing
on sectarian basis. To stop this, military courts were established in period of
Nawaz Sharif’s 1st government. These were the first military courts in
civilian tenure. So that trials can be quick and efficient.
• 13 th Amendment 1997
Stripped the President of Pakistan of his reserve power to dissolve
the National Assembly of Pakistan, and thereby triggering new
elections and dismissing the Prime Minister.
• 14 th Amendment 3 July 1997
Allowed members of parliament to be dismissed if they defect. It
subjected Members of Parliament to very strict party discipline. Party
leaders received unlimited power to dismiss any of their legislators
from Parliament if they spoke or voted against their party
• 15 th Amendment 1998
Bill to impose Shariah law as supreme law of land. Was never
passed.
• 16 th Amendment 1999
Increased the term appointed for quota system as per 197
Constitution from 20 to 40 years.
• 17 th Amendment Dec 2003
Made changes dealing with the office of the President and the
reversal of the effects of the 13 th Amendment.

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Week 11 Constitutional Amendment.pptx

  • 1. Week 11 Constitutional Amendment Readings: Malik, Hafeez.ed. Pakistan: Founder’s Aspiration and today’s Realities, Newyork: oxford university press.2001. Ch. 2.
  • 2. 1 st Amendment 4 May, 1974 References of East Pakistan were expunged from Constitution. When Constitution was made, we didn’t recognize Bangladesh. In Constitution, it was written in Article 1 that East Pakistan is occupied by Pakistan. However, Bangladesh was established in 1971 and it was also a member of OIC. In 1974, Pakistan was to Host the summit of OIC and Bangladesh, being member of OIC, was also an invitee. But a country that doesn’t hasdiplomatic relations with you cannot be invited. Thus, at that time, Pakistan recognized Bangladesh.
  • 3. • 2nd Amendment 17 Sept, 1974 Defined a Muslim and declared the status of Ahmadis as minority and & “non-Muslim” 3, 4, 5, 6 th Amendments were Procedural. • 3rd Amendment 18 Feb, 1975 Extended the period of preventive detention of those who are accused of committing serious cases of treason and espionage against the state of Pakistan, from 1 month to 3 months.
  • 4. • 4 th Amendment 21 Nov, 1975 It deprived courts of the power to grant bail to any person detained under any preventive detention. It also reserved the seats for minorities (non-Muslims) representation to the Parliament to protect minority rights. There shall be in the National Assembly six additional seats reserved for the persons, who are not exclusively Muslims. • 5 th Amendment 5 Sept, 1976 Widened the scope of restriction on the High Courts (Not important) • 6 th Amendment 22 Dec, 1976 Provided that Chief Justice of Supreme Court will be retired at the age of 65 and High Court judges at age 62.
  • 5. 7th Amendment PM can take vote of confidence from the NA as well as directly from the general public through referendum. When allegations were made in elections of 1977, and it became difficult to take vote of confidence in parliament, then Bhutto decided to take vote of confidence from public. Thus, 7 th amendment was introduced. It was adopted by the elected Parliament on 16 May 1977, a month before the ending of the democratic govt. of PM Bhutto Before this was implemented, Zia ul Haq on 5 th July 1977 dissolved the government of Bhutto through operation fair play, at the very time when agreement was made b/w Bhutto and Jamat-e-Islami and state was moving towards democracy, and imposed martial law.
  • 6. 8th Amendment 11 Nov, 1985 • Changed Pakistan’s government from a Parliamentary system to a Semi- presidential system by giving the President anumber of additional powers. RCO 1985: in that Zia brought following amendments to the Constitution: • i. Objective Resolution was made part of Constitution under Article 2A MINUS the Minority part. Which means that minority doesn’t have the right to profess their religion. • ii. Semi-Presidential Form of Government. He converted the Constitution into Semi-Presidential form of Government which means that President shall be both HOS & HOG. He will have the power to dissolve all assemblies. Article 58(2)(b) was introduced.
  • 7. 58-2 The President may dissolve the NA in his discretion where, in his opinion, • a) a vote of no-confidence having been passed against the PM, no other member of the National Assembly is likely to command the confidence of the majority of the members of the National Assembly; Or • b) 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.
  • 8. • 9th Amendment Shariah Bill Bill to impose Shariah law as the supreme law of land. The bill was passed by Senate but could never be passed by National Assembly owing to the latter's dissolution. • 10th Amendment 25 Mar, 1987 This amendment is also redundant. This was also a procedural amendment. Amendment was made by changing the duration of interval period between sessions of the National Assembly & Senate from 160 days to 130 days. Now 18 th amendment has changed it to 120 days. Thus, this amendment doesn’t matter now.
  • 9. • 11 th Amendment The Amendment sought to restore the seats for Women in National Assembly to 20. The bill was later withdrawn after the Govt. gave assurance that they intend to introduce the same bill themselves soon It was brought by Benazir Bhutto. This, too, wasn’t passed. The government of Benazir was of small period i.e. 18 months. President GI Khan dissolved the government. • 12 th Amendment 1991 Created Speedy Trial Court for 3 years. Sectarianism had been permeated in Pakistan because of the efforts of Zia. There used to occur target killing on sectarian basis. To stop this, military courts were established in period of Nawaz Sharif’s 1st government. These were the first military courts in civilian tenure. So that trials can be quick and efficient.
  • 10. • 13 th Amendment 1997 Stripped the President of Pakistan of his reserve power to dissolve the National Assembly of Pakistan, and thereby triggering new elections and dismissing the Prime Minister. • 14 th Amendment 3 July 1997 Allowed members of parliament to be dismissed if they defect. It subjected Members of Parliament to very strict party discipline. Party leaders received unlimited power to dismiss any of their legislators from Parliament if they spoke or voted against their party
  • 11. • 15 th Amendment 1998 Bill to impose Shariah law as supreme law of land. Was never passed. • 16 th Amendment 1999 Increased the term appointed for quota system as per 197 Constitution from 20 to 40 years. • 17 th Amendment Dec 2003 Made changes dealing with the office of the President and the reversal of the effects of the 13 th Amendment.