The Eighteenth Amendment

Analysis on the Eighteenth Amendment (2010)
9-1-14
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. 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. The bill reverses many infringements on the
Constitution of Pakistan over several decades by its military rulers. 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.
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. Changes include:
 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-Pakhtunkhwa
 The 17th Amendment and Legal Framework Order as introduced by Musharraf has been
repealed
 The ban on third time prime ministership and chief ministership has been lifted
 Holding constitution in abeyance is tantamount to high treason
 The council of Common Interest (CCI) has been reconstituted with the prime minister 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
 A 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 provinces
Impact
292 of the 342 members of the National Assembly, the lower house of Parliament, voted in
favour of the amendment. The amendment turns the President into a ceremonial head of state
and transfers power to the Prime Minister, 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. The bill also enhances
provincial autonomy. The President will no longer be able to declare emergency rule in any
province unilaterally.
Analysis
 Amendment to Article 6 seeks to pre-empt military coups in future

 Article 58(2b) to be repealed, substituted with ‘Dissolution of National Assembly’
 President may dissolve NA in case no-confidence vote passed against PM
 Total strength of cabinet should not exceed 11% of total membership of parliament
 Governor should be a resident and registered voter of his/her province, he/she would
be appointed by president on prime minister’s advice
 Provinces required by law to establish local government systems, devolve political,
administrative and financial responsibility and authority to elected representatives
 PM to be chairperson of CCI (Council of Common Interests), members to include
CMs, 3 members from federal govt
 Amendment to Article 157 says federal government must consult provincial
government before installing hydroelectric power stations in any province
 PM to forward three names for office of CEC, in consultation with opposition leader in
National Assembly, to a parliamentary committee for confirmation
 Committee proposes insertion of Article 175(a) to deal with appointment of judges to
Supreme Court, high courts, Federal Shariat Court
 Committee proposes substitution of Article 243, says federal government ‘shall have
control and command of armed forces, supreme command of armed forces shall [rest
with] … president
 President to appoint Joint Chiefs of Staff Committee chairman, chief of army staff,
chief of naval staff, chief of air staff
 NWFP will be renamed ‘Khyber-Pakhtoonkhawah’
 State will provide free, compulsory education to children aged between 5 and 16 years
 Amendments to Clause 1 seek substitution of ‘Baluchistan’ with ‘Balochistan’, ‘Sind’
with ‘Sindh’
 Insertion of clause sought to bar persons acquiring citizenship of foreign country from
contesting elections to parliament
 All elections under constitution, other than those of PM and CM, to be by secret ballot.
Abolition of Concurrent List
The 18th amendment eliminates the “Concurrent List,” i.e. the enumeration of areas where both
federal and provincial governments may legislate but federal law prevails. Laws governing
marriage, contracts, firearms possession, labor, educational curriculums, environmental
pollution, bankruptcy, and in 40 other diverse areas the provinces would have exclusive
jurisdiction and each provincial assembly will be responsible for drafting its own laws on the
issues. The 18th constitutional Amendment potentially impacts the mandate of several Federal
Ministries and by implication increases the roles and responsibilities of the related institutions
and administrative structures at the provincial level.
Another important but under-reported change now specifies that future National Finance
Commission agreements—which set the distribution of national revenues between the central
government and the provinces—cannot reduce the provinces’ share beyond that given in the
previous agreement (Article 160). Provincial governments also now have greater authority to
raise domestic and international loans and give guarantees on the security of Provincial
Consolidated Fund. (Source: United Nations Development Programme)

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Analysis on the Eighteenth Amendment (2010)

Amendment XVIII (the Eighteenth Amendment) of the Constitution of Pakistan, was

Revolutionary Changes in the Constitution

 Amendment to Article 6 seeks to pre-empt military coups in future

Abolition of Concurrent List

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