Adil Najam
Late Wednesday night the Parliamentary Committee on Constitutional Reforms (PCCR) led by PPP’s Mian Raza Rabbani signed the draft text of the “18th Amendment” to the Constitution of Pakistan.
The News reports that some are describing this as “the best constitutional thing to happen since the 1973 consensus Constitution. It is, indeed, a major – even a ‘historic’ – development.
However, given that this is Pakistan politics, it will be wise to wait until this actually passes through Parliament, actually becomes reality and its provisions are actually made clear. After all, we are quite used to things changing – dramatically at that – at the last minute, and sometimes even after the last minute!
I have been searching for a full text of the current draft but have not found it yet, meanwhile as I wade through the various reports of just what thsi means, here are a few salient points that seem to be clear. Will appreciate if readers can add more on exactly what changes are included and what they will mean for Paksiatn and its Constitution (from various news sources):
- Reportedly the draft of what is to become the 18th Amendment itself includes 95 amendments to the 1973 Constitution. These 95 amendments will effect 70 Articles of the existing Constitutions. There are three “schedules” and one “Annexure” in the draft package.
- In particular, the 18th Amendment will undo the impacts of the 8th Amendment (enacted by Gen. Zia ul Haq) which had altered over 90 Articles of the Constitution, and the 17th Amendment (enacted by Gen. Pervez Musharraf) which had altered 26 Articles of the Constitution.
- The famed article 58 (2) (b), which had first been inserted into the Constitution by Gen. Zia ul Haq and allows the President to dissolve Parliament, and which was re-enacted by Gen. Pervez Musharraf, has been removed from the Constitution in the draft.
- The new name of the NWFP is to be Khyber-Pakhtunkwa. The PML-N which had long held out on this issue has reportedly agreed to this name change, although PML-Q has maintained some reservations to it as has PPP-Sherpao.
- On the other controversial issue of the composition of the Judicial Commission, the PML-N proposal of adding a seventh member who is a retired Supreme Court Judge has been accepted.
- The draft proposes removal of many past amendments added by military rulers, including the 17th Amendment.
- The draft abolishes the “concurrent list” and gives much more provincial autonomy than is now available to the provinces. The Council of Common Interest has been given additional powers and the provinces have been given more say on national matters by enhancing their representation in the council.
- Reportedly the draft “purges” the name of gen. Zia-ul-Haq as President from the Constitution (it is not yet clear what this means in practice).
- The next step in the process is for the draft to be now presented to the National Assembly after which the Government is expected to move the 18th Amendment for Parliamentary approval. It is expected that the draft will be tabled in Parliament within the next couple of days.
- The committee which worked on this draft for nine months includes representatives from all the political groups having representation in the two houses of parliament. It included: Raja Pervaiz Ashraf, Maulana Fazlur Rahman, Ghulam Murtaza Jatoi, Syed Naveed Qamar, Babar Awan, Haji Lashkari Raisani, Ishaq Dar, Sardar Mehtab Ahmed Khan Abbasi, Wasim Sajjad, S M Zafar, Humayun Saifullah, Farooq Sattar, Haider Abbass Rizvi, Ahsan Iqbal, Afrasyab Khattak, Haji Muhammad Adeel, RehmatUallah Kakar, Abdul Razaq Taheem, Mir Israr Ullah Zehri, Professor Khursheed Ahmed, Hasil Bizenjo, Aftab Ahmed Khan Sherpao, Abdul Rahim Mandokhel, Shahid Bugti, Munir Khan Orakzai, and Mian Raza Rabbani.
- The original Constitution was passed in the first PPP government, which has also been the architect of the first amendments to it.
TO BE INTRODUCED IN THE NATIONAL ASSEMBLY
A
Bill
further to amend the Constitution of the Islamic Republic of Pakistan.
WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the
purposes hereinafter appearing:
It is hereby enacted as follows:
1. Short title and commencement. – (1) This Act may be called the Constitution (Amendment) Act, 2010.
(2) It shall come into force at once.
2. Amendment in Article 48 of the Constitution:- In the Constitution, in Article 48, for clause (5), the
following shall be substituted, namely:-
“(5) If the National Assembly is dissolved, the President shall, in his discretion:
(a) appoint a date, not later than [ninety] days from the date of the dissolution, for the
holding of a general election to the Assembly; and
(b) appoint a neutral care-taker Cabinet.
Explanation.- In this clause “neutral care-take Cabinet” means the Cabinet consisting of the Prime Minister and
Ministers who:
(i) are not a member of a political party;
(ii) have not been an office bearer of a political party any time during one hundred and eighty days
prior to their appointment as Prime Minister or Minister; and
(iii) or whose spouse, sibling, ascendant or descendant is not a candidate in the election being held
during the tenure of the care-taker Government.”
3. Amendment in Article 51 of the Constitution:- In the Constitution, in Article 51, for clause (2), the
following shall be substituted, namely:-
“(2) A Person shall be entitled to vote in an election for a general seat of the National Assembly if:
(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll of the electoral areas; and
(a) he is in immediate possession of the valid national identity card issued under the law for the time
being in force.”
4. Amendment in Article 91 of the Constitution:- In the Constitution, in Article 91, clause (8) shall be
omitted.
5. Amendment in Article 105 of the Constitution:- In the Constitution, in Article 105, for clause (3) the
following shall be substituted, namely:-
“(3) If the Provincial Assembly is dissolved, the Governor shall appoint, in his discretion but with the
previous approval of the President, a neutral care-taker Cabinet.
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Explanation.- In this clause “neutral care-taker Cabinet” means the Cabinet consisting of the Chief Minister
and Ministers who:
(i) are not a member of any political party;
(ii) have not been an office bearer of a political party any time during one hundred and eighty
days prior to the appointment; and not a candidate in the election being held during the tenure
of the care-taker Government.
(iii) or whose spouse, sibling, ascendant or descendant is not a candidate in the election being
held during the tenure of the care-taker Government.
6. Amendment in Article 106 of the Constitution:- In the Constitution, in Article 106, for clause (2), the
following shall be substituted, namely:-
“(2) A person shall be entitled to vote in an election for a general seat of a Provincial Assembly if:
(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll of the electoral area; and
(d) he is in immediate possession of the valid national identity care issued under the law for the
time being in force.”
7. Amendment in Article 130 of the Constitution:- In the Constitution, in Article 130, clause (8) shall be
omitted.
8. Substitution of Article 213 of the Constitution:- In the Constitution of the Islamic Republic of
Pakistan, hereinafter referred to as the Constitution, for Article 213, the following shall be substituted, namely:-
“213. Chief Election Commissioner and Members.- (1) The President shall appoint the
Commissioner and Members in accordance with the provisions of this Article.
(2) The Prime Minister shall, in consultation with the Leader of Opposition, forward a penal of
three persons for the post of the Commissioner or a Member to the Joint Parliamentary Committee.
(3) The Leader of Opposition may, within three days from the date when the Prime Ministerhas
forwarded a penal to the Joint Parliamentary Committee, forward his own penal of three persons to the
Joint Parliamentary Committee for the post of the Commissioner or a Member.
(4) The Joint Parliamentary Committee may, after inviting objections and public hearing,
recommend to the President, the name of a person from any of the panels for appointment to the post of
the Commissioner or a Member.
(5) The Speaker of the National Assembly shall, in consultation with the parliamentary leaders,
constitute the Joint Parliamentary Committee of both Houses consisting of sixteen members with equal
representation to the Government and Opposition.
(6) The Joint Parliamentary Committee shall make recommendation by majority of members present
and voting.
– 3 –
(7) The National Assembly may, by notification, make rules of procedure regulating the conduct of
business of the Joint Parliamentary Committee.
(8) If the Joint Parliamentary Committee fails to make recommendation for the post of the
Commissioner or a Member within sixty days from the date when a panel for the post was forwarded to
the Committee by the Prime Minister, the President may refer the matter to the Majlis-e-Shoora
(Parliament) in joint sitting and the recommendation of the Majlis-e-Shoora (Parliament) in the matter
shall be binding upon the President.
(9) A person shall not be appointed as Commissioner unless he has minimum of twenty years
experience.
(a) in the service of Pakistan; or
(b) in legal or other prescribed profession; or
(10) In this Part:
(a) “Commissioner” means the Chief Election Commissioner.
(b) “Leader of Opposition” means the Leader of Opposition in the National Assembly;
(c) “Member” means the Member of the Election Commission; and
(d) “Parliamentary leader” means an elected leader of a political party in the National Assembly
with two or more seats and notified by the Speaker as a Parliamentary Leader.
(e) “Prescribed Profession” means a profession prescribed by an Act of the Majlis-e-Shoora
(Parliament).”
9. Substitution of Article 215 of the Constitution:- In the Constitution, for Article 215, the following
shall be substituted, namely:-
”215. Term of office of Commissioner and Members.- (1) The Commissioner shall, subject to this
Article, hold office for a term of six years from the day he enters upon his office.
(2) The Members of the Commission shall, subject to this Article, hold office for a term of six years,
with three of the Members being replaced after every three years.
(3) The Commissioner or Members shall not be removed from office except in the manner
prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for
the purpose of this clause, any reference in that Article to a Judge shall be construed as a reference to the
Commissioner or Members.
(4) The Commissioner or a Member may, by writing under his hand addressed to the President,
resign his office.”
10. Substitution of Article 216 of the Constitution:- In the Constitution, for Article 216, the following
shall be substituted, namely:-
“216. Commissioner and Members not to hold office of profit.- (1) The Commissioner and
Members shall not-
(a) hold any other office of profit in the service of Pakistan; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.
– 4 –
(2) A person who has held office as Commissioner or Member shall not hold any office of profit in
the service of Pakistan except the office of Commissioner or Member before the expiration of two years
after he has ceased to hold that office:
Provided that a person who has held office as Commissioner or Member may, with the concurrence of
both Houses, be reappointed to that office before the expiration of two years after he has ceased to hold
that office.”
11. Substitution of Article 218 of the Constitution:- In the Constitution, for Article 218, the following
shall be substituted, namely:-
“218. Election Commission.- (1) For the Purpose of election to both Houses of Majlis-e-Shoora
(Parliament), Provincial Assemblies and for election of such other public offices as may be specified by
law or until such law is made by the Malis-e-Shoora (Parliament) by Order of the President, a permanent
Election Commission shall be constituted in accordance with this Part.
(2) The Election Commission shall consist of-
(a) the Commissioner, who shall be Chairman of the Commission; and
(b) six Members, one Member from each Province, one member from the Federal Capital or
the Federally Administered Tribal Areas and one woman Member.
(3) A person shall not be appointed as Member unless he has minimum of fifteen years experience:
(a) in the service Pakistan; or
(b) in legal or other prescribed profession.”
12 Substitution of Article 219 of the Constitution:- In the Constitution, for Article 219, the following
shall be substituted, namely:-
“219. Duties of Commissioner.- The Commissioner shall:
(b) prepare or cause to be prepared electoral rolls for election to the National Assembly and
Provincial Assemblies, and revise or cause to be revised such rolls annually;
(c) organize and conduct election to the Senate or to fill a casual vacancy in a House or Provincial
Assembly; and
(d) appoint an Election Tribunal.”
13. Amendment in Article 220 of the Constitution:- In the Constitution, in Article 220, the existing
provision shall be numbered as clause (1), and thereafter, the following new clause shall be added, namely:-
“(2) After the appointment of a date for holding general election for the National Assembly or a
Provincial Assembly, or a general seat of an Assembly and till the holding of the election, the
Commission may, for reasons to be recorded in writing, direct the Federal Government, a Provincial
Government or any entity of any of the Government to:
(c) place an officer of the Government or entity under suspension for interfering with holding of
a free and fair election; and
(d) not to fill a post or transfer an officer without concurrence of the Commission.”
– 5 –
14. Substitution of Article 221 of the Constitution:- In the Constitution, the following shall be substituted
namely:-
“221. Officers and servants.- The Commissioner may, with the approval of the Commission, make
rules for creation of posts, recruitment, and other terms and conditions of service of officers and servants
of the Commission.”
15. Amendment in Article 224 of the Constitution:- In the Constitution, in Article 224,-
(i) in clause (1), proviso shall be omitted; and
(ii) for clause (7), the following shall be substituted, namely:-
“(7) Immediately after the dissolution of the National Assembly or a Provincial Assembly, the
President or the Governor shall appoint a neutral care-taker Cabinet in Accordance with Article 48 or
Article 105.”
STATEMENT OF OBJECTS AND REASONS
In order to hold free and fair elections in the country and to further strengthen the democratic values, it
is imperative to empower the Election Commission and to make it free and independent through constitutional
provisions. Similarly, some other reforms are also required to be introduced for improvement of electoral
system.
2. The Bill seeks to achieve the aforesaid objectives.
Sd/-
Ms. Marvi Memon,
Member, National Assembly.
A welcome move definitely..But its too early to praise it as
Bhutto ammended the constitution which his party passed with support from all other parties within hours.
Raza Rabbani should be given the credit to bring up a consensus on such a volitile issue, but all the discredit will go to Gilani (not Zardari), if he didn’t implement it because after these ammendment Gilani is the center of power
How on earth are people equating this an achievement for Zadari? Raza Rabani is the real hero. His stewardship and genuine belief in democracy is the reason we are here. Plus the people within this committee were the best that were on offer.
Anyone catch the palpable hatred between Rabani and Babar Awan at the signing in ceremony?
An important amendment will be the capping of all national and provincial cabinets to 10% of their respective assemblies. All eyes on Gilani after this. Lets see if he has a backbone and cut the deadwood, and not shift these incompetents to other cushy jobs.
Also lets hope the changes are implemented correctly. Lets hope the government has been simultaneously been working to ensure that financial provincial autonomy can be inacted successfully.
Can we now move on and address the bread and butter issues of the country!
OK, so i’ll go out on a limb with a few political predictions.
A big victory for Zardari, who continues to surprise on all fronts. He might turn out to be Pakistan’s Ataturk (or savior, or supreme democrat, take your pick).
Also, seems like Nawaz’s objections were quite benign, so will the media apologize for raking him over the coals for his insistence on his points? I don’t think so.
With Punjab, Sind, Baluchistan, Baltistan and Kashmir all highlighting their ethnic heritage with their respective province names, it’s about time the Frontier got its name right. Don’t expect Khyber Pakhtoonkhwa to be an overnight bestseller though.
Also, don’t expect FATA and Karachi to follow through on this either!
No matter how many times they amend the constitution,can there really ever be a permanant safeguard against army intervention ? On the other hand,Pakistan’s so called democratic rulers have not done much for the country.