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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”.

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