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.
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.
18th. Amendment
As usual the writer and the contributors are rejoicing in anticipation that the present 18th. amendment will make the State of Pakistan more Democratic. But how does one make a State more Democratic which is an Islamic Republic?
In Islamic Republic of Pakistan, people are Muslim, then the only way for them is to live according to the teaching of the Holy Quran and the Sunnah. There is no other alternative. No matter what Islamic path is chosen, one will always arrive to Islamic democracy and not to Democracy.
Once it is accepted that a State is Islamic, the State as an independent and sovereign entity ceases to exist. It is Islam which governs the State as a sovereign power in the name of Allah. The people of an Islamic State belong to Ummah (the nation of Islam) and after they may belong to a geographical country, to a province, to a tribe or to a clan.
The people (majority) of Pakistan belong to Ummah and the nation of Pakistan simply does not exist, despite of Pakistanis.
According to following clause of the Article 2(A) of the constitution:
“Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed;
Pakistan will be an Islamic State or will Not Be. This particular article 2(A) emanates from
”The Objectives Resolution”. This resolution is the outcome of the vision of the founder of Pakistan Mr. Mohammad Ali Jinnah, who wanted that the religious (Islamic) origin of Pakistan be clearly stated in the constitution of Pakistan. Is it possible that the vision of
Mr. Jinnah was a simple illusion or an Islamic mirage?
As long as the article 2(A) is in the constitution, Pakistan will remain “Islamic Republic”. Any amendment or re-amendment will not change it to simple “Republic”.
Good bye to Democracy.
AHsn
Strasbourg
I have also been trying to find out the full text of the draft of 18th Amendment Bill on the net, but so far found nothing. Was this a very hard task to put the draft on the website of the National Assembly, or people on the job still need to be a little more ‘egalitarian’?
As regards the features of the the bill, the following I could gather from various news items (not verbatim, of course):
1) Most hyped, change of NWFP to Khyber-Pakhtunkhaw,
2) Second hyped, judicial commission for judges’ appiontment,
3) Appointment of senior most judge as chief justice of Pakistan,
4) Another hyped, removal of 58(2)b,
5) 5 (or 6) years’ olds’ right to education recognised as basic (or fundamental?) rights,
6) Appointment of Chief Election Commissioner on the advice of Leader of Opposition,
7) Full independence of Election Commission (I don’t know how),
8) Production of hydro-electric power declared as provincial subject,
9) etc. etc.
And since we are fixing things, the title of the post is incorrect.
It is not an amendment yet. I do not know if this is a bill yet or for that matter the text available is entire test of the proposed Bill.
And where is the ever youthful S. M. Zafar when you need him?
The text reads (2) The Prime Minister shall, in consultation with the Leader of Opposition, forward a penal of three persons for the post. This should be panel and not “penal”; though is a delightful Freudian slip. If most of them do not belong there, are damn trying hard to get there.
(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.
What happens if the President “may not” refer? Should be “shall”.
As said elsewhere, in the end, none of this means anything. The four usurpers (we have our own gang of four) and their cohorts have proven that they can ignore it, shelve it, or even suggest ripping it.
The respect for law comes from within and not from any of the lofty words written.
“Dil ko behlane ko Ghalib
ye khayal achha hai”
There are certain implied aspects of these proposed Constitutional amendments which are not generally discussed. While undoing many of Musharraf’s amendments, this Committee and therefore all major political parties in Pakistan have agreed on some changes which were introduced during Zia regime. First, Federal Shariat Court and Shariat Appellate Bench of the Supreme Court were not original feature of this Constitution and these were introduced by Zia. PPP and some other parties, such as ANP, MQM and nationalist were traditionally against these provisions. However, now there is a trade-off and all these parties are wilfully agreeing on these courts. Second, the Committee did not touch the issue of Article 2A, the Objective Resolution, which was made operational part of Constitution by Zia. There is now political consensus on it. Third, other Zia amendments suchArticle 62 & 63 and those related to Ahmadies have also survived with a political consensus.
I think these are extremely important aspects and reflect a true picture of political consensus among the masses on these issues. It is no more Zia alone whom our conservative-liberals should blame now onward!