Amendment xviii
•Download as DOC, PDF•
1 like•248 views
The 18th Amendment to Pakistan's Constitution passed in 2010 removed the president's power to dissolve parliament unilaterally, transitioning Pakistan to a parliamentary republic. It also renamed North-West Frontier Province to Khyber Pakhtunkhwa and countered sweeping presidential powers accumulated under previous military leaders. The amendment bill passed both houses of parliament and was signed into law by President Zardari, marking the first time a Pakistani president willingly relinquished significant powers to parliament and the prime minister.
Report
Share
Report
Share
![Amendment XVIII (the Eighteenth Amendment) of the Constitution of Pakistan, was
passed by the National Assembly of Pakistan on April 8, 2010, removing the power of
the President of Pakistan to dissolve the Parliament unilaterally, turning Pakistan from a
semi-presidential to a parliamentary republic, and renaming North-West Frontier
Province to Khyber Pakhtunkhwa.[1] The package is expected to counter the sweeping
powers amassed by the Presidency under former Presidents General Pervez Musharraf
and General Muhammad Zia-ul-Haq and to ease political instability in Pakistan.[2][3]
The bill reverses many infringements on the Constitution of Pakistan over several
decades by its military rulers.[2] The amendment bill was passed by the Senate of
Pakistan on April 15, 2010 and it became an act of parliament when President Asif Ali
Zardari put his signature on the bill on April 19, 2010. It was the first time in Pakistan's
history that a president relinquished a significant part of his powers willingly and
transferred them to parliament and the office of the prime minister.Contents [hide]
1 Background
2 Revolutionary Changes In The Constitution
3 Impact
4 Response
5 References
6 External links
[edit]
Background
The power of the President to dissolve the Parliament was enacted by the Eighth
Amendment to the Constitution of Pakistan during the presidency of Gen. Muhammad
Zia-ul-Haq, before it was removed by then-Prime minister Nawaz Sharif during his
second term by the Thirteenth Amendment. It was finally restored during the presidency
of Gen. Pervez Musharraf by the Seventeenth Amendment.[1] The only democratically
elected parliament to fully complete its tenure in the history of Pakistan was from 2003–
2008, albeit under Musharraf, who was widely labelled as a dictator in Pakistan.[3] This
bill is the first bill since 1973 to decrease the powers of the President.[4]
[edit]
Revolutionary Changes In The Constitution
It would be better to use the phrase "restoration to the 1973s Constitution of Pakistan" but
since some new features were also introduced into the constitution, the word changes has
been used therefore. Let us take a brief view of the changes brought in to the existing
constitution thereby.
The name of the former president of Pakistan, Gen Zia, has been removed from the text
of Constitution
North-West Frontier Province has been renamed Khyber-Pakhtoonkhawa
The 17th Amendment and Legal Framework Order as introduced by Musharraf has been
repealed
The ban on third time prime minister-ship and chief minister-ship has been lifted
Holding constitution in abeyance is tantamount to high treason](https://image.slidesharecdn.com/amendmentxviii-130203101501-phpapp02/85/Amendment-xviii-1-320.jpg)
![The council of Common Interest (CCI) has been reconstituted with p.m as its chairperson
and the body should meet at least once in 90 days
A judicial commission will recommend the appointment procedure of superior judges and
the final names of judges will be decided by parliamentary commission
Chief Election Commissioner will be appointed through consensus between treasury and
opposition
Establishment of Islamabad high court and benches of high courts in Mengora and Turbat
The concurrent legislative list has been abolished and more autonomy has been vested in
the hands of provinces
[edit]
Impact
292 of the 342 members of the National Assembly, the lower house of Parliament, voted
in favour of the amendment. The vote was described as historic and shown live on
television. The amendment turns the President into a ceremonial head of state and
transfers power to the Prime Minister,[5] and removes the limit on a Prime Minister
serving more than two terms, opening the way for Nawaz Sharif to run again. The North-
West Frontier Province is renamed Khyber Pakhtunkhwa, in accordance with the wishes
of its Pashtun-majority population. Among other changes, courts will no longer be able to
endorse suspensions of the constitution, a judicial commission will appoint judges, and
the president will no longer be able to appoint the head of the Election Commission.[2]
The bill also enhances provincial autonomy.[6] The President will no longer be able to
declare emergency rule in any province unilaterally.[4]
[edit]
Response
Prime minister Yousaf Raza Gillani, speaking after the passage of the bill, stated that "it
is dividend of the politics of reconciliation that the Nation and the Parliament are united
today and we have repealed undemocratic laws inserted to Constitution by dictators."[7]
An editorial published in Dawn welcomed the amendment and urged to parliament to go
further and undo the destructive legacy of General Zia's rule and re-examine the Hudood
Ordinance and Blasphemy law in Pakistan.[8] Ahmed Kurd, former president of Supreme
Court Bar Association of Pakistan, said "We fully support the 18th Amendment. It is
tantamount to the overhauling of the constitution, which had been subverted by military
dictators since its inception. In the past, parliaments have just been 'rubber stamps',
whereas the present parliament seemed to be well aware of its obligations, and therefore,
was 'throwing out' the 'unconstitutional' amendments."[9]
However violence broke out in the North West Frontier Province's Hazara Division
where the Hindko-speaking population opposed the attempts to rename the province
Khyber Pakhtoonkhwa.[10]
In the aftermath of the 18th Amendment, labour has become a provincial subject and the
provincial governments have to regulate labour laws through their respective IRAs [11]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
Recommended
The doctrine of necessity and its application in pakistan
The document summarizes the landmark Pakistan Supreme Court case of The State v/s Dosso and Others (PLD 1958 SC 553). It discusses how the case validated Pakistan's first martial law, imposed in 1958, on the basis of the "doctrine of necessity". The court overturned a previous high court ruling that had declared a colonial-era law (FCR) unconstitutional. This established an important precedent that allowed future military interventions to be justified legally in Pakistan based on necessity. The ruling undermined democracy and parliamentary supremacy in the country.
Role of judiciary in sustaining democratic trends of pakistan
The role of the judiciary is crucial for strengthening democracy in Pakistan. An independent judiciary is needed to interpret the constitution, settle conflicts, protect citizens' rights, and ensure separation of powers. However, Pakistan has experienced several periods of military rule that undermined the judiciary and democracy. The 1973 constitution established judicial review but the judiciary remains weakened by political pressures. Recent judicial activism under Chief Justice Chaudhry has increased the judiciary's prestige and pushed for an independent judiciary, critical to sustaining democracy in Pakistan.
Salient feature of 1973 constitution of pakistan
Salient feature of 1973 constitution of Pakistan
Constitution is the set of law and principals that determines the nature, functions and limits of the government and other institutions.
The federal constitution
The document discusses the Federal Constitution of Malaysia. It provides background information on the constitution's history and development. Some key points:
- The Federal Constitution is the supreme law of Malaysia and establishes the country as a constitutional monarchy.
- It outlines the structure of government and separation of powers between federal and state authorities.
- The constitution allocates legislative powers between the federal and state parliaments according to three lists - federal, state, and concurrent.
- It guarantees fundamental rights and liberties for Malaysian citizens and has been amended over time to reflect the country's evolving political landscape.
Law of Pakistan And Its Sources
The document provides an overview of Pakistani law and its sources. It discusses how Pakistani law is based on British common law and was influenced by the incorporation of Islamic Sharia law. The main sources of law in Pakistan include the constitution, statutes, common law, and Islamic legal sources like the Quran and Sunnah. The document also summarizes the Constitution of Pakistan from 1956 and 1973, outlining their key features. Finally, it discusses the corporate law situation in Pakistan, noting that companies are currently governed by the Companies Ordinance of 1984, which aims to protect investors and promote economic development.
PIL NJAC
This document is a writ petition filed in the Supreme Court of India challenging the validity of the 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014. It summarizes the history of judicial appointments in India and argues that the new Acts undermine the independence of the judiciary, which is part of the basic constitutional structure. It claims the new Commission is an ex-officio body that will lack transparency and fail to ensure the appointment of only the most qualified and integrity candidates as judges. The petition asks the Court to preserve the independence of the judiciary by striking down the new laws.
Bachelor of Journalism & Mass communication, Indian Govt. Politics, Bjmc i,jm...
1. The Constitution of India allows for amendments through a process that balances rigidity and flexibility. It categorizes articles based on the threshold for amendment, with some requiring only a simple majority while others require a two-thirds majority with state ratification.
2. During the first 16 years, the Constitution was amended 20 times to address practical difficulties in implementation and accommodate the reorganization of states. While critics saw this as a sign of weakness, there were compelling reasons for amendments during India's early years of independence and political consolidation.
3. Major amendments included those addressing fundamental rights like equality and property rights, legislative lists defining federal powers, and state reorganizations following independence. Later amendments dealt with issues like reservation of seats,
Independence of Judiciary in Pakistan
The document discusses the independence of the judiciary in Pakistan. It notes that Pakistan operates a hierarchical court system with the Supreme Court and High Courts. While the constitution aims to separate powers, military dictators have undermined judicial independence. The 2007 Lawyers' Movement protested the suspension of the Chief Justice and helped reinstate an independent judiciary. However, recent high-profile cases involving Nawaz Sharif and Benazir Bhutto's assassination showed the judiciary still faces interference, so complete independence remains elusive.
Recommended
The doctrine of necessity and its application in pakistan
The document summarizes the landmark Pakistan Supreme Court case of The State v/s Dosso and Others (PLD 1958 SC 553). It discusses how the case validated Pakistan's first martial law, imposed in 1958, on the basis of the "doctrine of necessity". The court overturned a previous high court ruling that had declared a colonial-era law (FCR) unconstitutional. This established an important precedent that allowed future military interventions to be justified legally in Pakistan based on necessity. The ruling undermined democracy and parliamentary supremacy in the country.
Role of judiciary in sustaining democratic trends of pakistan
The role of the judiciary is crucial for strengthening democracy in Pakistan. An independent judiciary is needed to interpret the constitution, settle conflicts, protect citizens' rights, and ensure separation of powers. However, Pakistan has experienced several periods of military rule that undermined the judiciary and democracy. The 1973 constitution established judicial review but the judiciary remains weakened by political pressures. Recent judicial activism under Chief Justice Chaudhry has increased the judiciary's prestige and pushed for an independent judiciary, critical to sustaining democracy in Pakistan.
Salient feature of 1973 constitution of pakistan
Salient feature of 1973 constitution of Pakistan
Constitution is the set of law and principals that determines the nature, functions and limits of the government and other institutions.
The federal constitution
The document discusses the Federal Constitution of Malaysia. It provides background information on the constitution's history and development. Some key points:
- The Federal Constitution is the supreme law of Malaysia and establishes the country as a constitutional monarchy.
- It outlines the structure of government and separation of powers between federal and state authorities.
- The constitution allocates legislative powers between the federal and state parliaments according to three lists - federal, state, and concurrent.
- It guarantees fundamental rights and liberties for Malaysian citizens and has been amended over time to reflect the country's evolving political landscape.
Law of Pakistan And Its Sources
The document provides an overview of Pakistani law and its sources. It discusses how Pakistani law is based on British common law and was influenced by the incorporation of Islamic Sharia law. The main sources of law in Pakistan include the constitution, statutes, common law, and Islamic legal sources like the Quran and Sunnah. The document also summarizes the Constitution of Pakistan from 1956 and 1973, outlining their key features. Finally, it discusses the corporate law situation in Pakistan, noting that companies are currently governed by the Companies Ordinance of 1984, which aims to protect investors and promote economic development.
PIL NJAC
This document is a writ petition filed in the Supreme Court of India challenging the validity of the 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014. It summarizes the history of judicial appointments in India and argues that the new Acts undermine the independence of the judiciary, which is part of the basic constitutional structure. It claims the new Commission is an ex-officio body that will lack transparency and fail to ensure the appointment of only the most qualified and integrity candidates as judges. The petition asks the Court to preserve the independence of the judiciary by striking down the new laws.
Bachelor of Journalism & Mass communication, Indian Govt. Politics, Bjmc i,jm...
1. The Constitution of India allows for amendments through a process that balances rigidity and flexibility. It categorizes articles based on the threshold for amendment, with some requiring only a simple majority while others require a two-thirds majority with state ratification.
2. During the first 16 years, the Constitution was amended 20 times to address practical difficulties in implementation and accommodate the reorganization of states. While critics saw this as a sign of weakness, there were compelling reasons for amendments during India's early years of independence and political consolidation.
3. Major amendments included those addressing fundamental rights like equality and property rights, legislative lists defining federal powers, and state reorganizations following independence. Later amendments dealt with issues like reservation of seats,
Independence of Judiciary in Pakistan
The document discusses the independence of the judiciary in Pakistan. It notes that Pakistan operates a hierarchical court system with the Supreme Court and High Courts. While the constitution aims to separate powers, military dictators have undermined judicial independence. The 2007 Lawyers' Movement protested the suspension of the Chief Justice and helped reinstate an independent judiciary. However, recent high-profile cases involving Nawaz Sharif and Benazir Bhutto's assassination showed the judiciary still faces interference, so complete independence remains elusive.
Constitutional Supremacy - For Academic Purposes Only
based on syllabus of Constitutional Law I (LAW437)
Faculty of Law
Universiti Teknologi MARA, Malaysia.
The judicial system of Pakistan
The document summarizes the judicial system of Pakistan. It discusses the following key points:
1. The judicial system has evolved over time from Hindu, Muslim, and British rule and is now based on English common law mixed with Islamic law.
2. The system includes the Supreme Court, high courts, district and sessions courts, special tribunals, and family and juvenile courts.
3. Appointments of judges were reformed in 2010 to establish a judicial commission and parliamentary committee process in response to allegations of favoritism.
The Supremacy of Federal Constitution of Malaysia
The Federal Constitution of Malaysia is the supreme law of the land. Any laws passed must be consistent with the constitution, and if inconsistent, are void. The constitution establishes parliamentary sovereignty but subordinates it to constitutional requirements. Courts have power to review laws and declare them invalid if unconstitutional. Several cases are discussed where the court struck down laws as unconstitutional, affirming the supremacy of the Federal Constitution.
The sources of the malaysian laws
In Malaysian law there are two primary sources - statutes and case law. Statutes are passed by Parliament and take precedence over case law. Case law is developed by judges applying statutes to specific cases and building upon past judicial decisions through precedent. Additionally, the Federal Constitution, State Constitutions, legislation, common law, English law, Islamic law, and native law all contribute to the legal framework of Malaysia.
Malaysian Legal System - Past years attempt 3
The Law Reform (Marriage & Divorce) Act 1976 diminished the relevance of Chinese and Hindu customary laws on marriage and divorce in Malaysia in three key ways:
1. It abolished polygamous marriage among Chinese people by introducing monogamy for Hindu and Chinese communities.
2. It established a common system for solemnizing and registering all marriages.
3. It provided uniformity in marriage and divorce laws for Chinese and Hindus, avoiding conflicts over which laws to apply.
Judiciary system of pakistan
The document summarizes Pakistan's judicial system. It outlines that the system consists of a superior judiciary led by the Supreme Court, and a subordinate judiciary comprising various district, civil, and specialized courts. It also discusses the role and jurisdiction of courts at the federal and provincial levels, including High Courts, as well as tribal and military courts. The judiciary aims to preserve constitutional rule and protect citizens' fundamental rights according to the laws of Pakistan.
Salient Features of Pakistan's Constitution
This presentation introduces to beginners to salient features of Pakistani constitution which include federalism, parliamentary form of government, provincial autonomy, independent judiciary and Islamic polity.
12 fundamental liberties 6 10 (8)
This document summarizes Articles 6-9 of the Federal Constitution of Malaysia, which relate to fundamental liberties. Article 6 prohibits both slavery and forced labor, with exceptions for compulsory national service or work incidental to a criminal sentence. Article 7 protects against retrospective criminal laws and double jeopardy. Article 8 guarantees equality before the law. Article 9 prohibits banishment and protects freedom of movement.
Islamic law
Islamic law currently has a limited status in Malaysia according to its Federal Constitution. While Islam is the official religion, Islamic law is not defined as law and is subordinate to the Federal Constitution. The Constitution guarantees religious freedom but also allows restrictions on propagating non-Islamic religions to Muslims. Recent court cases have recognized some role for Islamic law in family and religious matters for Muslims, but the civil court system still takes precedence over Syariah courts in many cases.
Njac
The document discusses the National Judicial Appointment Commission Act 2014 and the 99th Constitutional Amendment Act which established the National Judicial Appointment Commission (NJAC) in India. The NJAC was tasked with recommending appointments and transfers of judges to the Supreme Court and High Courts. Previously, appointments were decided by the collegium system consisting of senior judges. However, this was criticized for lack of transparency and accountability. The NJAC aimed to make the process more broad-based and independent. It consisted of the CJI, two senior SC judges, the Law Minister and two eminent members. However, the NJAC was later struck down by the Supreme Court in 2015 and the collegium system was restored.
Inder singh v State of Rajasthan
This case involved challenges to the validity of the Rajasthan (Protection of Tenants) Ordinance of 1949 and subsequent notifications and amendments. The Supreme Court held that: 1) The ordinance provision allowing the Rajpramukh to extend the ordinance period was valid conditional legislation, not an unconstitutional delegation of power. 2) The 1953 notification validly extended the ordinance under this power. 3) The ordinance did not violate constitutional rights. The petitions challenging the ordinance and notifications were dismissed.
MALAYSIAN LEGAL SYSTEM Sources of law – islamic law
- Islam was introduced to Malacca in the 15th century during the reign of Sultan Parameswara.
- The first written code of laws for Malacca was the Hukum Kanun Melaka, prepared in the 15th century during the reign of Sultan Muzaffar Shah, which contained 18 chapters with Islamic elements dealing with issues like marriage and commerce.
- Subsequent sultanates like Johor produced their own codes modeled after Hukum Kanun Melaka, integrating more aspects of Islamic law.
Constitutional Suprimacy (Perspective Federal Constitution of Malaysian).
Constitutional Suprimacy (Perspective Federal Constitution of Malaysian).International Islamic University Malaysia
This document provides definitions of key concepts like constitution and constitutional supremacy. It discusses the objectives and purposes of constitutional supremacy, including limiting government power and protecting fundamental rights. The document also summarizes the historical background of Malaysia's Federal Constitution, developed based on previous constitutions with input from foreign legal experts. It examines the supremacy clause in Article 4 of the Federal Constitution, establishing it as the supreme law that invalidates any inconsistent laws. The courts have power to review laws for consistency with the Constitution.Role of Federal Shariat Court in Islamization of Laws in Pakistan
This slide show explains the role of federal shariat court of Pakistan in the domain of Islamization of laws. The court has contributed in diversified ways in polity of Pakistan.
Law
Law is defined in several ways according to different philosophies and perspectives. Generally, law consists of rules imposed by a governing authority to maintain order and justice in society. There are different types of law including private law, which governs relationships between individuals, and public law, which deals with state powers and authorities. Laws originate from various sources over time, such as customs, religion, judicial precedents, and more recently, legislation passed by governing bodies. The legislative process involves bills being introduced, debated, and voted on before becoming law.
Judiciary
The judiciary system of Pakistan consists of several levels of courts. At the highest level is the Supreme Court, followed by High Courts in each province. Below the High Courts are District and Session Courts that operate at the district level. The judiciary interprets and applies laws in Pakistan, which is an Islamic republic where laws must be consistent with Islam. The judiciary resolves disputes between citizens and the state, determines the constitutionality of laws, and settles conflicts between government institutions. Pakistan's judicial system originated from the British system that was in place prior to independence.
Chapter 1
The document provides an overview of key concepts in Malaysian law, including:
- Malaysian law is classified into written and unwritten law, with important sources being the Federal Constitution, statutes, common law, and Shariah law.
- Law is divided into public law governing relations between citizens and the state, and private law governing relations between citizens.
- Parliament has the authority to make laws under the Federal List and Concurrent List in the Constitution. State assemblies can make laws under the State List.
- The legislative process involves bills being introduced and debated in both houses of Parliament before assent by the Yang di-Pertuan Agong and publication as an Act.
Article 5 Federal Constitution Malaysia - Liberty of a peson
Article 5 of the Malaysian Federal Constitution provides rights to liberty of the person but contains some defects. It outlines exceptions where a person may be deprived of liberty but these exceptions have been interpreted too narrowly by courts. Compared to international standards like the European Convention on Human Rights, Article 5 does not sufficiently protect personal liberty and is easily overridden by security laws. Reforms are needed to strengthen Article 5's protections, such as amending absolute emergency powers and defining 'law' to incorporate principles of natural justice.
Court System Of Pakistan
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution.[1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now.They are Gilgit Baltistan and AJK.As per constitution of Pakistan, these both areas are not a part of Pakistan, rather they are being governed by Government of Pakistan on interim basis.Though Gilgit Baltistan declared its independence from Dogra/Maharaja Kashmir on 1st Nov 1948, that is said to be the independence day of Gilgit Baltistan.Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan.
As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan
The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. The criminal courts were created under the Criminal Procedure Code 1898 and the civil courts were established by the West Pakistan Civil Court Ordinance 1964. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters
Supreme Court Advocate on Record Association v. Union of India, 1993
this is known as second judges transfer case on appointment of judges in Supreme Court and high courts
United States Constitution Amendment Survey | Aspen Ideas Festival - Penn Sch...
PSB Survey of American constitution tells about its current implementation and it depicts that American people are behind the basic principles of constitution and want changes that will give people more power.
The 12th amendment
The 12th Amendment to the US Constitution changed the process for electing the president and vice president. It was ratified in 1804 to address problems that arose in previous elections. Under the new system, electors cast separate ballots for president and vice president. If no candidate wins a majority, the House chooses the president and Senate chooses the vice president from the top candidates. The amendment has been used in every presidential election since 1804.
More Related Content
What's hot
Constitutional Supremacy - For Academic Purposes Only
based on syllabus of Constitutional Law I (LAW437)
Faculty of Law
Universiti Teknologi MARA, Malaysia.
The judicial system of Pakistan
The document summarizes the judicial system of Pakistan. It discusses the following key points:
1. The judicial system has evolved over time from Hindu, Muslim, and British rule and is now based on English common law mixed with Islamic law.
2. The system includes the Supreme Court, high courts, district and sessions courts, special tribunals, and family and juvenile courts.
3. Appointments of judges were reformed in 2010 to establish a judicial commission and parliamentary committee process in response to allegations of favoritism.
The Supremacy of Federal Constitution of Malaysia
The Federal Constitution of Malaysia is the supreme law of the land. Any laws passed must be consistent with the constitution, and if inconsistent, are void. The constitution establishes parliamentary sovereignty but subordinates it to constitutional requirements. Courts have power to review laws and declare them invalid if unconstitutional. Several cases are discussed where the court struck down laws as unconstitutional, affirming the supremacy of the Federal Constitution.
The sources of the malaysian laws
In Malaysian law there are two primary sources - statutes and case law. Statutes are passed by Parliament and take precedence over case law. Case law is developed by judges applying statutes to specific cases and building upon past judicial decisions through precedent. Additionally, the Federal Constitution, State Constitutions, legislation, common law, English law, Islamic law, and native law all contribute to the legal framework of Malaysia.
Malaysian Legal System - Past years attempt 3
The Law Reform (Marriage & Divorce) Act 1976 diminished the relevance of Chinese and Hindu customary laws on marriage and divorce in Malaysia in three key ways:
1. It abolished polygamous marriage among Chinese people by introducing monogamy for Hindu and Chinese communities.
2. It established a common system for solemnizing and registering all marriages.
3. It provided uniformity in marriage and divorce laws for Chinese and Hindus, avoiding conflicts over which laws to apply.
Judiciary system of pakistan
The document summarizes Pakistan's judicial system. It outlines that the system consists of a superior judiciary led by the Supreme Court, and a subordinate judiciary comprising various district, civil, and specialized courts. It also discusses the role and jurisdiction of courts at the federal and provincial levels, including High Courts, as well as tribal and military courts. The judiciary aims to preserve constitutional rule and protect citizens' fundamental rights according to the laws of Pakistan.
Salient Features of Pakistan's Constitution
This presentation introduces to beginners to salient features of Pakistani constitution which include federalism, parliamentary form of government, provincial autonomy, independent judiciary and Islamic polity.
12 fundamental liberties 6 10 (8)
This document summarizes Articles 6-9 of the Federal Constitution of Malaysia, which relate to fundamental liberties. Article 6 prohibits both slavery and forced labor, with exceptions for compulsory national service or work incidental to a criminal sentence. Article 7 protects against retrospective criminal laws and double jeopardy. Article 8 guarantees equality before the law. Article 9 prohibits banishment and protects freedom of movement.
Islamic law
Islamic law currently has a limited status in Malaysia according to its Federal Constitution. While Islam is the official religion, Islamic law is not defined as law and is subordinate to the Federal Constitution. The Constitution guarantees religious freedom but also allows restrictions on propagating non-Islamic religions to Muslims. Recent court cases have recognized some role for Islamic law in family and religious matters for Muslims, but the civil court system still takes precedence over Syariah courts in many cases.
Njac
The document discusses the National Judicial Appointment Commission Act 2014 and the 99th Constitutional Amendment Act which established the National Judicial Appointment Commission (NJAC) in India. The NJAC was tasked with recommending appointments and transfers of judges to the Supreme Court and High Courts. Previously, appointments were decided by the collegium system consisting of senior judges. However, this was criticized for lack of transparency and accountability. The NJAC aimed to make the process more broad-based and independent. It consisted of the CJI, two senior SC judges, the Law Minister and two eminent members. However, the NJAC was later struck down by the Supreme Court in 2015 and the collegium system was restored.
Inder singh v State of Rajasthan
This case involved challenges to the validity of the Rajasthan (Protection of Tenants) Ordinance of 1949 and subsequent notifications and amendments. The Supreme Court held that: 1) The ordinance provision allowing the Rajpramukh to extend the ordinance period was valid conditional legislation, not an unconstitutional delegation of power. 2) The 1953 notification validly extended the ordinance under this power. 3) The ordinance did not violate constitutional rights. The petitions challenging the ordinance and notifications were dismissed.
MALAYSIAN LEGAL SYSTEM Sources of law – islamic law
- Islam was introduced to Malacca in the 15th century during the reign of Sultan Parameswara.
- The first written code of laws for Malacca was the Hukum Kanun Melaka, prepared in the 15th century during the reign of Sultan Muzaffar Shah, which contained 18 chapters with Islamic elements dealing with issues like marriage and commerce.
- Subsequent sultanates like Johor produced their own codes modeled after Hukum Kanun Melaka, integrating more aspects of Islamic law.
Constitutional Suprimacy (Perspective Federal Constitution of Malaysian).
Constitutional Suprimacy (Perspective Federal Constitution of Malaysian).International Islamic University Malaysia
This document provides definitions of key concepts like constitution and constitutional supremacy. It discusses the objectives and purposes of constitutional supremacy, including limiting government power and protecting fundamental rights. The document also summarizes the historical background of Malaysia's Federal Constitution, developed based on previous constitutions with input from foreign legal experts. It examines the supremacy clause in Article 4 of the Federal Constitution, establishing it as the supreme law that invalidates any inconsistent laws. The courts have power to review laws for consistency with the Constitution.Role of Federal Shariat Court in Islamization of Laws in Pakistan
This slide show explains the role of federal shariat court of Pakistan in the domain of Islamization of laws. The court has contributed in diversified ways in polity of Pakistan.
Law
Law is defined in several ways according to different philosophies and perspectives. Generally, law consists of rules imposed by a governing authority to maintain order and justice in society. There are different types of law including private law, which governs relationships between individuals, and public law, which deals with state powers and authorities. Laws originate from various sources over time, such as customs, religion, judicial precedents, and more recently, legislation passed by governing bodies. The legislative process involves bills being introduced, debated, and voted on before becoming law.
Judiciary
The judiciary system of Pakistan consists of several levels of courts. At the highest level is the Supreme Court, followed by High Courts in each province. Below the High Courts are District and Session Courts that operate at the district level. The judiciary interprets and applies laws in Pakistan, which is an Islamic republic where laws must be consistent with Islam. The judiciary resolves disputes between citizens and the state, determines the constitutionality of laws, and settles conflicts between government institutions. Pakistan's judicial system originated from the British system that was in place prior to independence.
Chapter 1
The document provides an overview of key concepts in Malaysian law, including:
- Malaysian law is classified into written and unwritten law, with important sources being the Federal Constitution, statutes, common law, and Shariah law.
- Law is divided into public law governing relations between citizens and the state, and private law governing relations between citizens.
- Parliament has the authority to make laws under the Federal List and Concurrent List in the Constitution. State assemblies can make laws under the State List.
- The legislative process involves bills being introduced and debated in both houses of Parliament before assent by the Yang di-Pertuan Agong and publication as an Act.
Article 5 Federal Constitution Malaysia - Liberty of a peson
Article 5 of the Malaysian Federal Constitution provides rights to liberty of the person but contains some defects. It outlines exceptions where a person may be deprived of liberty but these exceptions have been interpreted too narrowly by courts. Compared to international standards like the European Convention on Human Rights, Article 5 does not sufficiently protect personal liberty and is easily overridden by security laws. Reforms are needed to strengthen Article 5's protections, such as amending absolute emergency powers and defining 'law' to incorporate principles of natural justice.
Court System Of Pakistan
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution.[1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now.They are Gilgit Baltistan and AJK.As per constitution of Pakistan, these both areas are not a part of Pakistan, rather they are being governed by Government of Pakistan on interim basis.Though Gilgit Baltistan declared its independence from Dogra/Maharaja Kashmir on 1st Nov 1948, that is said to be the independence day of Gilgit Baltistan.Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan.
As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan
The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. The criminal courts were created under the Criminal Procedure Code 1898 and the civil courts were established by the West Pakistan Civil Court Ordinance 1964. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters
Supreme Court Advocate on Record Association v. Union of India, 1993
this is known as second judges transfer case on appointment of judges in Supreme Court and high courts
What's hot (20)
Constitutional Supremacy - For Academic Purposes Only
Constitutional Supremacy - For Academic Purposes Only
MALAYSIAN LEGAL SYSTEM Sources of law – islamic law
MALAYSIAN LEGAL SYSTEM Sources of law – islamic law
Constitutional Suprimacy (Perspective Federal Constitution of Malaysian).
Constitutional Suprimacy (Perspective Federal Constitution of Malaysian).
Role of Federal Shariat Court in Islamization of Laws in Pakistan
Role of Federal Shariat Court in Islamization of Laws in Pakistan
Article 5 Federal Constitution Malaysia - Liberty of a peson
Article 5 Federal Constitution Malaysia - Liberty of a peson
Supreme Court Advocate on Record Association v. Union of India, 1993
Supreme Court Advocate on Record Association v. Union of India, 1993
Viewers also liked
United States Constitution Amendment Survey | Aspen Ideas Festival - Penn Sch...
PSB Survey of American constitution tells about its current implementation and it depicts that American people are behind the basic principles of constitution and want changes that will give people more power.
The 12th amendment
The 12th Amendment to the US Constitution changed the process for electing the president and vice president. It was ratified in 1804 to address problems that arose in previous elections. Under the new system, electors cast separate ballots for president and vice president. If no candidate wins a majority, the House chooses the president and Senate chooses the vice president from the top candidates. The amendment has been used in every presidential election since 1804.
14th Amendment of USA Constitution
Fourteenth Amendment of USA Constitution is the second amendment among the three Reconstruction Amendments concerning slavery
Prohibition
The passage discusses the passage of the 18th Amendment which instituted Prohibition in the United States from 1920 to 1933. It led to the banning of alcohol but struggled with enforcement issues. Loophole allowed for religious and medical uses of wine. Widespread disobedience of the law led to rise of organized crime and activities like bootlegging and speakeasies. By 1930, organized crime was profiting more than the federal government. Prohibition ultimately failed and was repealed by the 21st Amendment in 1933.
Harlem Renaissance Power Point
The Harlem Renaissance was a cultural movement in the early 20th century where African American art, music, dance, and literature flourished. It originated in Harlem, New York in the 1920s as many African Americans migrated north during the Great Migration after World War 1. Notable writers included Langston Hughes and Zora Neale Hurston, while jazz musicians like Louis Armstrong and Duke Ellington gained popularity. The movement declined during the Great Depression as supporting organizations faced economic pressures.
Women’s suffrage movement
The Women's Suffrage Movement began in 1848 at a tea party where Elizabeth Cady Stanton expressed her discontent with the fact that voting rights were limited only to white male property owners. This led to the first Women's Rights Convention being held in Seneca Falls, New York that same year. The movement faced significant backlash from newspapers and critics who felt women should not have the right to vote. Key figures like Susan B. Anthony and Sojourner Truth campaigned tirelessly over decades to raise awareness and support for women's suffrage, culminating in the passage and ratification of the 19th amendment in 1920, which guaranteed all American women the right to vote.
Viewers also liked (6)
United States Constitution Amendment Survey | Aspen Ideas Festival - Penn Sch...
United States Constitution Amendment Survey | Aspen Ideas Festival - Penn Sch...
Similar to Amendment xviii
Constitutional amendments , islamic provision and emergency provisions
The document discusses constitutional amendments and emergency provisions in the Constitution of Pakistan 1973. It provides details on over 20 constitutional amendments that have been passed since 1973 related to various topics like declaring Ahmadis non-Muslims, extending preventive detention, imposing import taxes, and more. It also outlines the process for passing amendments and Pakistan's emergency provisions that allow the government to issue proclamations during threats of war or internal disturbances.
Constitution of pakistan 1973
The document summarizes the constitutional history and key aspects of the Constitution of Pakistan from 1973. It discusses how the 1973 constitution established Pakistan as a parliamentary democracy with executive power held by the prime minister, in contrast to previous constitutions. It also describes how the 1973 constitution incorporated Islamic principles and established institutions to uphold Islamic laws and interpretation. The summary provides an overview of the document's content in 3 sentences.
Pakistan Constitutional Amendments
This is all about the total of 26 amendments that occur in the Pakistan constitutions. While some of them are not accepted. but mostly are accepted.
Assignment 2
The document summarizes the key features of Pakistan's 1973 constitution. It establishes Pakistan as an Islamic republic with Islam as the state religion. Some key points:
1. It introduced a parliamentary democracy with a prime minister as head of government and a ceremonial president as head of state.
2. It established a federal system with powers shared between the central and provincial governments.
3. It enshrined fundamental rights for citizens and established an independent judiciary.
4. The constitution has been amended 21 times to update various articles and provisions.
LONG Question answers regarding Amendments in 50 Years of Pakistan Constituti...
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many morehehbaz Sharif, brother of former prime minister Nawaz Sharif, has been chosen to lead the government with the support of the Bhutto family’s party, which has produced two other heads of government and whose leader will run for the presidency
Nawaz Sharif
Former PM Nawaz Sharif and leader of the Pakistan Muslim League, in the center, with his brother, also former PM Shehbaz Sharif (right), who has been nominated to be Pakistan’s next president, and his daughter, Maryam Nawaz, on February 9 in Lahore.
RAHAT DAR (EFE)
Guillermo Abril
GUILLERMO ABRIL
Beijing - FEB 16, 2024 - 17:31 CET
Politics in the turbulent nation of Pakistan remains a matter of family clans. Thursday’s general elections were marred by violence and accusations of fraud. Following the voting, the two main parties in the National Assembly that emerged victorious from the polls, the symbols of two political dynasties that have monopolized a large part of the power in recent decades, agreed this week to join forces and vote to install 72-year-old Shehbaz Sharif as prime minister, with the support of other minority parties. If successful, the pact would effectively rule out the party of imprisoned former prime minister, Imran Khan, whose independent candidates headed the poll and are the leading force in parliament, though they do not command a sufficient majority to form a government on their own. This Thursday, Khan’s party also nominated its secretary general, Omar Ayub, as its candidate for prime minister, although he appears to be lacking the required support.
The likely next prime minister, Shehbaz Sharif of the PML-N, had previously served briefly as head of government between 2022 and 2023, following the no-confidence motion that dislodged Khan from power. In those months, he had to grapple with a similar coalition of parties. Shehbaz is the younger brother of the also former prime minister, Nawaz Sharif, who has been at the head of the executive on as many as three occasions. Nawaz was the man who was actually running as the leader of PML-N after returning from a four-year self-imposed exile and having the convictions against him quashed. However, ultimately it was his brother who was nominated for investiture, after striking a deal with the other dominant political dynasty in the world’s fifth most populous nation (235.8 million inhabitants in 2022) — namely, the Bhutto dynasty.
The third party in the Assembly, the Pakistan People’s Party (PPP), is led by Bilawal Bhutto-Zardari, son of Benazir Bhutto, the first female head of government in a Muslim country, who was assassinated in 2007, and grandson of former prime minister, Zulfiqar Ali Bhutto.
(50 YEARS OF AGE OF Pakistan constitution.pptx
34 AMENDMENTS IN PAKISTAN CONSTITUTION 1973 FROM 1973 TO 2023(50 YEARS OF AGE OF Pakistan constitutionThese rights include essential principles such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, and the freedom to practice religion.The Assembly passed the bill on 10th April, 1973 and at last the constitution came into force on 14th August 1973. The present constitution (1973) provides for the protection and preservation of Islamic Concept of life. It also attempts to propagate and implement the basic teachings of Islam.it is not in the public interest to furnish any documents, is
produced.
(7) Within a period of twenty-four months commencing on the
day of his first detention in pursuance of an order made under a law
providing for preventive detention, no person shall be detained in
pursuance of any such order for more than a total period of eight months
in the case of a person detained for acting in a manner prejudicial to public
order and twelve months in any other case :
Provided that this clause shall not apply to any person who is
employed by, or works for, or acts on instructions received from, the
enemy 1
[, or who is acting or attempting to act in a manner prejudicial to
the integrity, security or defence of Pakistan or any part thereof or who
commits or attempts to commit any act which amounts to an anti-national
activity as defined in a Federal law or is a member of any association
which has for its objects, or which indulges in, any such anti national
activity].
(8) The appropriate Review Board shall determine the place of
detention of the person detained and fix a reasonable subsistence
allowance for his family.
(9) Nothing in this Article shall apply to any person who for
the time being is an enemy alien.
10A. Right to fair trial
2
[10A. For the determination of his civil rights and obligations or
in any criminal charge against him a person shall be entitled to a fair trial
and due process.]
11. Slavery, forced labour, etc., prohibited
18th AMMENDMENT IN CONSTITUTIONAL HISTORY OF PAKISTAN
The 18th Amendment to the Pakistani constitution was a major landmark that transitioned Pakistan to a purely parliamentary system. It passed in 2010, significantly reducing the powers of the President and instead strengthening the Prime Minister and parliament. Some key changes included removing the President's ability to dissolve parliament or declare emergency rule in provinces. It also devolved several federal ministries to provincial control and renamed the North-West Frontier Province to Khyber Pakhtunkhwa. The amendment was seen as an important step towards strengthening parliamentary democracy in Pakistan.
constitution 1973 Islamic republic of Pakistan(2017) ppt
The document summarizes the key aspects of Pakistan's Constitution of 1973, including its origins, salient features, amendments, and provisions related to Islam. It originated after Pakistan gained independence and underwent various interim constitutions until the current 1973 version was unanimously passed. Some key elements include its federal parliamentary system, fundamental rights protections, establishment of an independent judiciary, and the declaration of Islam as the state religion. It has undergone over 20 amendments since its enactment.
The constitution of pakistan
The document discusses the Constitution of Pakistan from 1973. It establishes Pakistan as an Islamic republic based on principles of the Quran and Sunnah. The constitution provides for fundamental rights, a parliamentary democracy, and an independent judiciary. It introduced a federal system with power shared between provincial and central governments. However, the constitution has faced instability with multiple amendments and suspensions over the years.
Constitution of pakistan presentation
The document summarizes the key aspects of Pakistan's 1973 constitution. It describes how the constitution established a parliamentary democratic system of government with Islam as the state religion. It compares the 1973 constitution to previous constitutions of 1956 and 1962. It then outlines several salient features of the 1973 constitution, including establishing Pakistan as an Islamic republic, guaranteeing fundamental human rights, and giving powers to the Supreme Court and provincial governments.
Constittional history of Pakistan
1) Pakistan has experienced repeated periods of martial law and unconstitutional takeovers since independence in 1947. The constitution was abrogated multiple times by military rulers who were initially validated by the Supreme Court on doctrines like "revolutionary legality" and "state necessity."
2) The 1973 constitution created a parliamentary democracy but was also suspended after the 1977 coup. The Supreme Court again validated the military takeover based on the "doctrine of state necessity." Subsequent amendments strengthened presidential powers.
3) In 1999, General Musharraf seized power in a coup. The reconstituted Supreme Court validated this based on the doctrine of "state necessity" despite some judges resigning in protest. The coup and Musharraf
contitution of bangladesh
The document summarizes the amendments that have been made to the Constitution of Bangladesh since its inception in 1972. It describes 15 total amendments, providing details on what each amendment changed or added to the constitution. Some of the key amendments included introducing Islam as the state religion, changing to and from parliamentary to presidential systems of government, establishing provisions for caretaker governments to oversee elections, and increasing reserved parliamentary seats for women.
Contentions in Implementing 18th amedment in Balochistan - Conference Paper (...
The document summarizes a research paper analyzing contentions that arose in implementing Pakistan's 18th constitutional amendment in Balochistan. Key points:
- The 18th amendment devolved many powers from the federal to provincial governments, including control over natural resources and funds distribution. However, Balochistan has concerns over its share of gas revenue and royalty payments.
- The amendment also gave concurrent jurisdiction to provinces over criminal law, but this led to complexities as some provinces asserted exclusive control, going against the amendment's intent. It also impacted national accountability and police laws.
- The paper examines perspectives of the federal and Balochistan governments on implementing the 18th amendment provisions regarding executive powers, emergency rule, resources
Pakistan election information portal
Pakistan election information portal, where you can get precise knowledge about Election history of Pakistan, Voters training program and Citizen Rights in Pakistan
http://www.pakvoter.org/
Constitution of 1973
The Constitution of 1973 is the supreme law of Pakistan. It established Pakistan as an Islamic republic with a parliamentary system of government and fundamental rights. Some key elements include establishing Islam as the state religion, requiring the President and Prime Minister be Muslim, and that all laws be compliant with Islam. It introduced a federal system with a bicameral parliament and independent judiciary.
Political History of Pakistan
This document provides a history of Pakistan's political leadership and constitutional developments from 1947 to 2008. It summarizes the country's prime ministers, presidents, martial laws, and constitutions. Key events include the Objectives Resolution of 1949, the constitutions of 1956, 1962, and 1973, and amendments made over time. Election processes for the National Assembly and Senate are also outlined.
Week 11 Constitutional Amendment.pptx
1) The 1st amendment in 1974 recognized Bangladesh and removed references to East Pakistan from the constitution after Bangladesh gained independence in 1971.
2) The 2nd amendment in 1974 defined Muslims and declared Ahmadis a religious minority.
3) The 7th amendment in 1977 would have allowed the Prime Minister to take a vote of confidence directly from the public through a referendum, but was not implemented before the government was dissolved by a military coup.
Constitutional development of pakistan
The document summarizes the constitutional development of Pakistan from its inception to the present 1973 constitution. It outlines the key principles and features of Pakistan's constitutions in 1956, 1962, and 1973. The 1956 constitution established Pakistan as an Islamic republic with a parliamentary system but was never implemented due to martial law. The 1962 constitution established a presidential system that was also abrogated in 1969. The current 1973 constitution returned to a parliamentary democracy and included provisions for fundamental rights and an independent judiciary.
Constitution of 1956
The Constitution of 1956 was drafted after Pakistan became a republic and consisted of 234 articles divided into 13 parts. It declared Pakistan an Islamic republic with Islam as the state religion. A federal parliamentary system of government was established with a unicameral National Assembly. However, the constitution was opposed by Bengali autonomists and the Awami League, and elections were never held. Martial law was imposed in 1958, abrogating the constitution.
Constitution of 1956
The constitution of 1956 was adopted on March 23, 1956, establishing Pakistan as an Islamic Republic. It consisted of 234 articles divided into 13 parts and 6 schedules. Key aspects included declaring Pakistan an Islamic state where only Muslims could be president, a federal parliamentary system with federal, provincial, and concurrent lists of powers, and a unicameral National Assembly with 300 members elected through direct adult franchise. However, it was never fully implemented as no elections were held under it before it was abrogated under martial law in 1958.
Similar to Amendment xviii (20)
Constitutional amendments , islamic provision and emergency provisions
Constitutional amendments , islamic provision and emergency provisions
LONG Question answers regarding Amendments in 50 Years of Pakistan Constituti...
LONG Question answers regarding Amendments in 50 Years of Pakistan Constituti...
18th AMMENDMENT IN CONSTITUTIONAL HISTORY OF PAKISTAN
18th AMMENDMENT IN CONSTITUTIONAL HISTORY OF PAKISTAN
constitution 1973 Islamic republic of Pakistan(2017) ppt
constitution 1973 Islamic republic of Pakistan(2017) ppt
Contentions in Implementing 18th amedment in Balochistan - Conference Paper (...
Contentions in Implementing 18th amedment in Balochistan - Conference Paper (...
Amendment xviii
- 1. Amendment XVIII (the Eighteenth Amendment) of the Constitution of Pakistan, was passed by the National Assembly of Pakistan on April 8, 2010, removing the power of the President of Pakistan to dissolve the Parliament unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic, and renaming North-West Frontier Province to Khyber Pakhtunkhwa.[1] The package is expected to counter the sweeping powers amassed by the Presidency under former Presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq and to ease political instability in Pakistan.[2][3] The bill reverses many infringements on the Constitution of Pakistan over several decades by its military rulers.[2] The amendment bill was passed by the Senate of Pakistan on April 15, 2010 and it became an act of parliament when President Asif Ali Zardari put his signature on the bill on April 19, 2010. It was the first time in Pakistan's history that a president relinquished a significant part of his powers willingly and transferred them to parliament and the office of the prime minister.Contents [hide] 1 Background 2 Revolutionary Changes In The Constitution 3 Impact 4 Response 5 References 6 External links [edit] Background The power of the President to dissolve the Parliament was enacted by the Eighth Amendment to the Constitution of Pakistan during the presidency of Gen. Muhammad Zia-ul-Haq, before it was removed by then-Prime minister Nawaz Sharif during his second term by the Thirteenth Amendment. It was finally restored during the presidency of Gen. Pervez Musharraf by the Seventeenth Amendment.[1] The only democratically elected parliament to fully complete its tenure in the history of Pakistan was from 2003– 2008, albeit under Musharraf, who was widely labelled as a dictator in Pakistan.[3] This bill is the first bill since 1973 to decrease the powers of the President.[4] [edit] Revolutionary Changes In The Constitution It would be better to use the phrase "restoration to the 1973s Constitution of Pakistan" but since some new features were also introduced into the constitution, the word changes has been used therefore. Let us take a brief view of the changes brought in to the existing constitution thereby. The name of the former president of Pakistan, Gen Zia, has been removed from the text of Constitution North-West Frontier Province has been renamed Khyber-Pakhtoonkhawa The 17th Amendment and Legal Framework Order as introduced by Musharraf has been repealed The ban on third time prime minister-ship and chief minister-ship has been lifted Holding constitution in abeyance is tantamount to high treason
- 2. The council of Common Interest (CCI) has been reconstituted with p.m as its chairperson and the body should meet at least once in 90 days A judicial commission will recommend the appointment procedure of superior judges and the final names of judges will be decided by parliamentary commission Chief Election Commissioner will be appointed through consensus between treasury and opposition Establishment of Islamabad high court and benches of high courts in Mengora and Turbat The concurrent legislative list has been abolished and more autonomy has been vested in the hands of provinces [edit] Impact 292 of the 342 members of the National Assembly, the lower house of Parliament, voted in favour of the amendment. The vote was described as historic and shown live on television. The amendment turns the President into a ceremonial head of state and transfers power to the Prime Minister,[5] and removes the limit on a Prime Minister serving more than two terms, opening the way for Nawaz Sharif to run again. The North- West Frontier Province is renamed Khyber Pakhtunkhwa, in accordance with the wishes of its Pashtun-majority population. Among other changes, courts will no longer be able to endorse suspensions of the constitution, a judicial commission will appoint judges, and the president will no longer be able to appoint the head of the Election Commission.[2] The bill also enhances provincial autonomy.[6] The President will no longer be able to declare emergency rule in any province unilaterally.[4] [edit] Response Prime minister Yousaf Raza Gillani, speaking after the passage of the bill, stated that "it is dividend of the politics of reconciliation that the Nation and the Parliament are united today and we have repealed undemocratic laws inserted to Constitution by dictators."[7] An editorial published in Dawn welcomed the amendment and urged to parliament to go further and undo the destructive legacy of General Zia's rule and re-examine the Hudood Ordinance and Blasphemy law in Pakistan.[8] Ahmed Kurd, former president of Supreme Court Bar Association of Pakistan, said "We fully support the 18th Amendment. It is tantamount to the overhauling of the constitution, which had been subverted by military dictators since its inception. In the past, parliaments have just been 'rubber stamps', whereas the present parliament seemed to be well aware of its obligations, and therefore, was 'throwing out' the 'unconstitutional' amendments."[9] However violence broke out in the North West Frontier Province's Hazara Division where the Hindko-speaking population opposed the attempts to rename the province Khyber Pakhtoonkhwa.[10] In the aftermath of the 18th Amendment, labour has become a provincial subject and the provincial governments have to regulate labour laws through their respective IRAs [11]