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  • Monday, 20 May 2024
Eighteenth Amendment

Eighteenth Amendment

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 of Pakistan unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic. This Amendment virtually overhauled the 1973 Constitution. It struck down the 17th Amendment imposed by Gen Musharraf’s government that had undermined parliament. A unitary system cannot bring long-term political and financial stability, the lesson we should have learned from successive military rules. Bringing back a unitary system means curbing the autonomy of the federating units. There is even talk about the imposition of a presidential system. Any such adventurism would be disastrous not only for the future of democracy but also for the country. The 18th Amendment has indeed been the most radical step in turning the country into a federation in line with the 1973 Constitution. Under the umbrella of this amendment, we are now able to see the federating units independent of the federal government which is indeed the essence of true democracy. The separation of powers between the provinces and the federal government can be only seen as a prosperous method for nation-building. This historic amendment paved many ways toward a developed and purely democratic Pakistan. It decreased the chances of the direct role of the president and the prime minister in judicial appointments. The appointments will instead be handled by a two-tier system. Another important step taken by this amendment is the inclusion of article 160 of the constitution which tells about the NFC awards, and the designs of financial formulas of economic distribution to the provincial and federal government for five consecutive years. This is a move that may prompt intensified conflict between the central government and provinces in future rounds of revenue distribution negotiations. Many outdated provisions of the constitution of 1973 are replaced by important ones which respect not only the constitution but put penalties on everyone holding the constitution in abeyance and are tantamount to high treason. Before this amendment, a president has the power to dissolve the parliament according to the 58(b) of the constitution. Such easy ways to dissolve the assembly are equal to disrespecting the choice of people. Later on, the power to dissolve the parliament was withdrawn from the President by overlooking article 58(b) and transferring the power to submit matters directly to parliament for a yes or no vote to the prime minister. Another attainment of the Eighteenth Amendment is the fair treatment of fundamental rights. Rights of education, fair trial, and information have been added to the constitution and the clauses about the right of association have been repaired. These mentioned initiatives have been taken with the help of this amendment. In case of abrogating this very amendment can put Pakistan back to the old ages of monarchy and rules of barbarians. The tussle between provinces and the center will derail the democratic process and oppress minorities or smaller units. The right of might will prevail in society which will no doubt lessen the voices of the public. Under-developed countries like Pakistan cannot afford the price of a unitary system. The civil rights of people remain in abeyance and there will be no more public rule or public choice. The competition between federating units in generating revenues and tax collection will fade away with the deletion of the 18th amendment. Pakistan will never progress under the flagship of a single sovereign because it lacks the leadership to govern the country as a whole. All said and done, the Amendment is an important milestone in the constitutional history of Pakistan. It marks a second twist towards democracy after the constitution-making in 1973. A consensus has been developed for the strength of the federation through an increase in the strength of the units. The Parliament has been empowered more than before. The functions and structure of the Parliament especially the Senate, election commission, and judiciary have been reshaped on an institutional basis. No doubt some controversies have appeared, which are often part of democratic decisions but with the developments following better results will appear.

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