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. On 8th April 2010 Pakistan The Constitutional Amendment "as signed into moving the power of the President of Pakistan to dissolve the Parliament itself •It was the turning point of Pakistan from a semi&presidential to a parliamentary republic. It has a Political powers (' transferring resources and responsibilities from the central government to the provinces the amendment chief Raza Rabbani The procedure to made necessary amendments in constitution is that each House has to pass the Bill with two thirds majority of the total membership of that House . If 2nd House passes the Bill with amendments it is referred back to the House in which it originated and if that House agrees to those amendments with two thirds majority it is sent to the President for assent. The 18th Constitutional Amendment, enacted in Pakistan in 2010, marked a significant shift in the country's governance structure by devolving powers to the provinces. To examine the pros and cons of this transformative amendment, focusing specifically on its impact on the center-province relationship. On the positive side, the amendment sought to enhance provincial autonomy, granting provinces greater control over their resources and decision-making processes. This led to increased fiscal decentralization and empowered local governments. However, challenges emerged in the implementation phase, revealing potential drawbacks. The amendment's critics argue that it has strained the financial capacity of provinces, leading to disparities and raising concerns about national unity. Additionally, questions have been raised about the impact on federal institutions, as the devolution of powers may have weakened their ability to address national issues effectively. To provides a comprehensive analysis of the 18th Constitutional Amendment's implications for the center-province relationship, shedding light on the nuanced dynamics that have unfolded since its enactment. Some new features were also introduced into the constitution including the folloing •The name of the former president of Pakistan has been removed from the text of Constitution •North west frontier Province has been renamed ,kheber Pakhtunkh •The 18th Amendment and legal frame work 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 18th amendment to constitution of pakistan Review & possible implications for hec background prior to the 18th Amendment, there was no explicit entry dealing with higher education. Instead, Item 38 of the Concurrent Legislative List only dealt generally with “Curriculum, syllabus, planning, policy, centers of excellence and standards of education.” 18th Amendment – provisions concerning hec Fourth Schedule [Article 70(4)]: Federal Legislative List Part I • Item # 16: Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technicaltraining, or for the promotion of special studies. • Item # 17: Education as respects Pakistani students in foreign countries and foreign students in Pakistan • Item # 32: International treaties, conventions and agreements and International arbitration 18th Amendment – provisions concerning hec Fourth Schedule [Article 70(4)]: Federal Legislative List Part II • Item 6: All regulatory authorities established under a Federal law • Item 7: National planning and national economic coordination including planning and coordination of scientific and technological research. • Item 11: Legal, medical and other professions • Item 12: Standards in institutions for higher education and research, scientific and technical institutions. • Item 13: Inter-provincial matters and co-ordination • Item 14: Matters incidental or ancillary to any matter enumerated in this part Control and governance Fourth Schedule [Article 70(4)]: Federal Legislative List Part I – controlled and managed by the federal government Control and governance Fourth Schedule [Article 70(4)]: Federal Legislative List part-ii the Council of Common Interest (CCI) under Article 154 of the Constitution shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over related institutions. Control and governance The Council of Common Interests is formed under Article 153 of the Constitution and is comprised of the Prime Minister, The Chief Ministers of the provinces, and three members from the government. • Anything which comes under Part II of the Federal Legislative List has to be regulated by CCI. • Since various functions of HEC fall within part II of the Federal Legislative List, the HEC Ordinance may not be amended without the prior approval of the CCI. • If CCI approves an amendment of the HEC Ordinance, Parliament would then need to pass the amendment. 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 aceremonial head of state and transfers power to the Prime Minister The President will no longer be able to declare emergency rule in any province unilaterally The bill also enhances provincial autonomy A judicial commission will appoint judges and the president will no longer be able to appoint the head of election commission
As a response an editorial published in Dawn welcomed the amendment and
urged parliament to go further and undo the destructive legacy of general Zia 4s rule and reexamine the hudood Ordinance and Blasphemy law in Pakistan
Ahmed ,Kurd a former president of the Supreme Court Bar Association of
Pakistan said, “We fully support the 18thAmendment”.