18th amendment:

Q8th amendment was introduced on April 19, 2010.There have been 25 amendments until now.
A comprehensive change introduced in our constitution by 18 th amendment. There are 280 total
article in constitution of Pakistan and 102 articles haves been amended through this amendment.
provisions Article
Change of the name of NWFP to KP. Sind to Sindh and Baluchistan to 01
Balochistan
Suspension of holding in abeyance of the constitution also declared a high 06
treason
Bar on the courts to extend judicial cover to extra constitutional adventure 06
Right to fair trial 10-A
Right to information 19-A
Right to education 25-A
Doing away with condition of intra party election 17
Withdrawal of presidential power of dissolving national assembly 58
Withdrawal of power of Governor dissolving Provincial assembly 112
Bar on reissuance of an ordinance for more than once 128-89
Doing away with the restriction on more than two terms for the PM 91
Restriction on the size of federal cabinet 92
Restriction on the size of provincial cabinet 130
Power of appointment of governors transferred from president to prime 101
minister
Local government made mandatory under constitution 140-A
Abolition of concurrent list. 142
Reconstitution and empowerment of CCI 153
Bar on reduction in provincial share of NFC award 160(3A)
Provinces empowered to raise international loan 167 (4)
Joint and equal ownership of gas and mineral oil 172
Establishment of Islamabad high court 175
Institutionalization of judicial appointment (parliamentary committee, 175-A
judicial commission of Pakistan)
Institutionalization of election commission of Pakistan 213
Institutionalization of care taker government 224
Resolution of provincial assembly required for imposition of emergency 232
(governor rule) in a province
Power of appointment of services chief transferred from president to PM 243

Sales tax on services shifted to provinces Federal

legislative list

 This NWFP province was mad in 1906. Since then NWFP did not reflect its ethnic and
linguistic identity to full fill the Pashtun long standing demand.
 1956 was the first constitution after 9 years, it could not address the political challenges and
it was followed by Marshal law. 1962 constitution was again followed by marshal law. 1972
constitution making committee was formed and official framework discussed that former two
constitutions were abrogated. If this constitution still will be abrogated what’s the point of
making third constitution? The article 6 in 1973 constitution constitution abrogation will
amount to high treason (death or imprisonment for life) by passing high treason punishment
Act 1973. This made satisfied the political leadership to abrogate the future constitution.
Bhutto’s optimism of constitution failed. Within 4 years Zia-ul-Haq imposed martial law by
suspension of constitution. Article 6 remained the cause of suspension rather that abrogation.
Zia-ul-Haq and Musharraf both suspended constitution in different intervals of time.
 Martial laws imposed in Pakistan were given legal cover by our courts and institutions.18 th
amendment doesn’t justify any future martial laws.
 Extension of fundamental rights to Pakistani. 10-A no one should be condemned un heard.
 Pakistan constitution underwent 17th amendment in reign of Musharraf in 2003. 17 th
amendment said political party’s offices will be filled by intra party elections. 18 th
amendment countered this article.
 1985 Zia ul Haq 8th amendment happened. In 8th amendment president had the power to
dissolve assembly.
 Laws are made by legislation in assembly these are called act. Ordinance is issued by
governments and called ordinance. ACT is without time limitation vs Ordinance is for
temporary time (federal ordinance has life of 120 days and provincial ordinance lapses after
90 days.) these ordinances were renewed time and again before 18th amendment.
 Musharraf banned on 3rth premiership.
 The size of cabinet increased up to 100 minister in the time PLMN and PPP. Federal
ministers and ministers for state (salary, allowance and privileges) Act 1975 provides the
facilitation to these cabinet on states account. 18 th amendment produced a formula for cabinet
size on the basis on number of MNAs+ number of Senators X 11% which become 49
 Federal legislative list and concurrent list before 18th amendment
 Council of common interest; carry representatives of both federal and provinces to solve
dispute between center and units through negotiation. 18 th amendment empowers CCI. PM
heads it and it meets in every 3 months.
 Tax is the major revenue collection majorly collected by federal government. Federal Govt
keeps some shares and distributes rest to unit. NFC decides the shares between both center
and units. Tax distribution in on 7 th NFC currently in Pakistan. 6th NFC 46% was the share of
province. 54% was the share of center. Province shared increased up to 57.5% in 18 th
amendment. NFC will not deplete the shares of provinces in next NFC award. (18 th
amendment).
 18th amendment empowered Provincial can access to international loan.
 Center carried Gas and mineral oil rehouses exclusive ownership before 18th amendment
 Care taker government will be appointed by both leaders of the house and leader of
opposition
Question: its impact
Analysis:
Provisions of 18th amendment will receive by majority of public opinion:
 Promotion of good governance 190-A
 Promotion of democratic values
 Institutionalization of constitutional appointments
 Enhanced role of opposition and political dispensation
 Restoration of the constitution in its original parliamentary spirit
 An attempt to prevent extra constitutional adventure.
Provisions of 18th amendments subjected to criticism from different quarters:
 Loss of federal authority over provinces
 Low fiscal space with federation
 Doing away with the condition of holding intra party election promotes dynastic politics
 Doing away the restriction on more than two terms of a PM serves as a hurdle in
emergence of new.
 No mechanism framed for the implementation of the terms of 18th amendment.
 Center passed NDMA Act on the resolution passed by national assembly’s post 2010
flood and disaster.
 Drug regulation under province after 18th amendment. Provinces lacked the capacity in
drug regulation. Drug regulation also went under federal subject as DRAB ACT.