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.
Since being updated a couple of months ago, the NA website is pretty swift at uploading all legislation and legislative business.
While the PCCR recommendations aren’t available yet, they will most probably be up in a day or two.
Meanwhile, Marvi Memon has presented a private member bill for constitutional amendments and it is available on the NA website
http://www.na.gov.pk/private_bills/pvt_bill2010/co nstitution_amend_act2010_300310.pdf
Changes on paper by politicians who specialize in making a big show in parliament, jalsas and talk shows. Practically it makes no difference to the average Pakistani.
@Naveen Bukhari,
Well said. And I think you may add Gilgit-Baltistan to the list. There is more though: Ties with India are better than they were about a year ago. There is progress against the militants up north. And there is indeed at least some real positive news about Pak-American relations. The Karachi Stock Exchange is well above its lows of 5000+ now…. And, oh, Gorakh Hill Station may see many tourists within a couple of years!
The passage of 18th Amendment will indeed be an historic event for Pakistan. Something to celebrate.But let’s hope Nawaz Sharif’s famous mood-swings doesn’t spoil the actual passage of the Amendment.
It’s a good development. But I won’t count my chickens before they are actually hatched. Let the bill be pass the parliament.
It’s amusing to see that objections to renaming the NWFP are coming mostly from Punjab. One wonders why didn’t object when the name of Layallpur was changed to Faisalabad.
Also, it is interesting to see that the 2 or 3 lawyers who are today vociferous in giving more powers to judiciary, in the matter of appointment of judges, were nowhere in the forefront of the Lawyers’ Movement.
The much maligned and cursed Zardari did what the old players of politics throughout their life could not. A year ago, the show lickers and lap top warriors were much vocal to let down democracy, by enchanting it so-called and barren, but all are hiding their tail in their legs now. The remorseful and gloomy faces will definite be finding no place to hide. All these factors, together, tried their best to undermine democracy, every cheap tactics, abusing to a democratic president and even austerity drives were devised for this very purposes. But PPP was committed that democracy is best revenge, and practically proved. In sequence of achievements, just turn the page, the unprecedented achievements, either it was Aghaz-e- Haqooq-e-Balochistan package, senate elections, BISP, Benazir employed stock scheme, Zardari’s decision to donate his body parts, women bill and now 18th amendment, were extremely matchless. The old player of politics, are stunned with their fingers in mouth, they could not even bring such any change in their years of dirty politics. Concurrent list, the most thorny and controversial issue, that could not be resolved in 63 years, but PPP did it. How would you compare PPP with such dirty toads and crooked dogs, Pakistan Khappay.