It is said that 18th amendment is a milestone which was nery much needed. There has been opposition to the amendment as well due to many factors and you all would probably be aware about them.

I have gone through the whole document, prepared notes and am posting here to have a better understanding of this amendment by all of them. Plz do comment on the amendment regarding flaws which still exist in our constitution and are not discussed in the document by the government. Certainly, 18th amendment is very beneficial for Pakistan however as exceptions are always there do give your suggestions how it could have been more beneficial for Pakistan; what else could have been added and what missed.


ISSUES ADDRESSED IN CONSTITUTION ACT 2010

1. Presidential powers
2. Provincial
3. Judiciary
4. Parliamentary issues
5. Election commission
6. Basic rights

PRESIDENTIAL POWERS

(PM Inform, dissolving assembly, Chairman FPSC and Heads of armed forces appointments, Laws in 6th schedule)

1. Article 46: PM shall keep president informed on all matters of internal affairs, foreign policy and legislative proposals of Parliament

2. Article 58: Clause 1: President shall dissolve the National Assembly if so advised by PM. Assembly stand dissolved at the expiration of 48 hours after the advice.
a. Clause 2: the president may also dissolve the Assembly if a vote of no-confidence is passed against PM and no other member commands the confidence of majority.

3. Article 48: Clause 5: If president dissolves the assembly, the president would appoint a date for general election not later then 90 days and appoint a caretaker.
a. Clause 6: If PM consider any matter for referendum, he may refer the matter to the parliament (Joint setting) for approval

4. Article 242: Chairman of Federal (Provincial) Pubic Service Commission to be appointed by president (Governor) on advice of the PM (CM).

5. Article 243: The President would appoint , on advice of the PM;
i. Chairman JCSC
ii. COAS
iii. CONS
iv. COAS

6. Schedule 6th (Law which can not be amended without assent of President) and 7th to be omitted.
1. Article 270 AA: The proclamation of emergency on 14th Oct 99, Chief executive orders no 12, LFO (Order 24, 29, 32) are considered to be made without lawful authority.

PROVINCES

(Khyber Pakhtoonkhwa, Autonomous bodies, Governor native, Hydro electric stations, NFC, emergency, Sales tax and Concurrent list)

1. Article 1: Balochistan instead of Baluchistan, Sindh instead of Sind and Khayber Pakhtunkhwa instead of NWFP

2. Article 38: Share of all provinces in al federal services, autonomous bodies and corporations should be secured.

3. Article 101: Governor to be appointed by President on the advice of PM and must be native.

4. Article 122: Governor shall dissolve the provincial assembly if so advised by Chief Minister, the Assembly would stand dissolved after forty eight hours. The governor can dissolve the assembly with approval of the president, only if no confidence vote has been given to Chief Minister.

5. Article 122 to be omitted

7. Article 157: Federal government prior to taking decision to construct hydro electric station would consult provincial assembly. In case of any dispute, governments may move to Council of Common Interest.

8. Article 160: The share of each award of NFC would not be less then the previous award.

9. Article 232: Proclamation of emergency in province must be approved by respective provincial assembly or Both houses of the parliament (in case president do it without assent of PA)

10. Fourth Schedule: Part I: Sales tax is given to Provinces

11. Fourth Schedule: Part II: Concurrent list (1 – 47) (Fojdari and Deewani cases, Marriage, Land, Books, Zakat and Tourism) to be deleted.


JUDICIARY
(Islamabad HC, Judicial Commission for SC, HC, IHC, FSC, Parliamentary Committee, HC benches)

1. Article 175 : Islamabad High court be established

a. Inserted Article 175 (A): Appointment in Judiciary: A judicial commission for appointment of judges to SC, HC and FSC.

b. For appointment of Judges to SC, the commission shall consist of – (7m)
i. Chief Justice of Pakistan
ii. Two senior most judges of SC
iii. A former CJ or judge of SC to be nominated by CJP in consultation with two member judges.
iv. Federal minister of law
v. Attorney General of Pakistan
vi. Senior advocate to be nominated by PBC

c. Most senior judge of the SC to be appointed as CJP by President

d. Commission for appointments in High court: (9 m)
i. The Judicial commission of Pakistan (7)
ii. CJ of the High court
iii. The senior most judge of the HC
iv. Provincial minister for law
v. A senior advocate to be nominated by Provincial Bar Council
vi. Appointment of CJ of High court to be appointed by CJP in consultation with two members of the commission

e. For appointments in Islamabad High court (9 m) the commission would be:
i. The Judicial commission of Pakistan (7)
ii. CJ of IHC
iii. The most senior judge of the high court
iv. For initial appointments CJ of four high courts would also be member.
v. Appointment of CJ of Islamabad High court to be appointed by CJP in consultation with two members of the commission

f. For appointments in Federal Shariat Court (9 m) the commission would be:
i. The Judicial commission of Pakistan (7)
ii. CJ of the Shariat Court
iii. The most senior judge of the Shariat Court
iv. Appointment of CJ of Federal Shariat Court to be appointed by CJP in consultation with two members of the commission

g. The commission by majority would nominate, to the parliamentary committee, one person for each vacancy of SC, HC or FSC.

h. Parliamentary Committee would consist of :
i. Four members from senate
ii. Four members from National Assembly
iii. Out of eight, four from treasury benches and four from opposition
iv. Secretary Senate shall act as secretary of the committee
v. The committee can approve with majority within fourteen days (otherwise deemed to have been confirmed) or not confirm with 2/4th majority.

2. Article 177: CJP and other judges to be appointed by President in accordance with 175 (A)

3. Article 193: CJHC and other judges to be appointed by President in accordance with 175 (A)

4. Article 198: Two HC benches be established at Mingora (KP) and Sibi (Balochistan)

5. Article 6: Amended as any act of high treason shall not be validated by any court. Judge validating such act would have to face high treason

PARLIAMENT
(Money bill, Executive Authority, Strength of Cabinet, Qualification & Disqualification)

1. Article 73: Money bill when presented in National Assembly, a copy to be sent to Senate which may make recommendations, within fourteen days. It is up to National Assembly to incorporate the recommendations or not.

2. Article 75: If President returns the bill to the parliament, it would consider the bill in joint sitting and if passed, the bill would be sent to president. Who will sign within ten days and failure to do so shall be deemed to have been signed.

3. Article 90: PM would use executive authority of the federation in the name of the President.

4. Article 92: Total strength of the cabinet, including minister of state, shall not exceed eleven percent of the total membership of the Parliament. This clause would be effective for next general elections.

5. Article 59: The Senate:

a. Clause 1: consist of one-hundred and four seats.
i. 14 to be elected by each provincial assembly
ii. Eight to be elected from FATA
iii. Two on general seats; one woman and one technocrat including Aalim elected from Federal Capital
iv. Four woman to be elected by each provincial assembly
v. Four technocrat including Ulema by each province
vi. Four non Muslims one from each province

b. Clause 2: Proportional representation system

c. Clause 3: The Senate will not be dissolved however members will be retired after 6 years. Half of each section would retire after three years and other half after three more years

6. Article 62: Qualification of membership of the Parliament:

a. Clause 1: A person shall not be qualified unless –
i. He is citizen of Pakistan
ii. Age of 25 years for National Assembly
iii. Age of 30 years for the Senate
iv. Having good character and not violates the Islamic injunctions
v. Should have adequate knowledge of Islamic teachings and will abstain from major sins
vi. Hones, ameen and has not worked against integrity of country or opposed ideology of Pakistan

b. Clause 2: paragraph (d) and (e) shall not apply to non Muslims

7. Article 63: Disqualification of members of the Parliament

a. Clause 1: A member shall be disqualified if –
i. He is of unsound mind declared by a court
ii. He ceases to be citizen of Pakistan or acquires the citizenship of a foreign state.
iii. He holds an office of profit in the service of Pakistan (excluding Lamrdar, Quami Razakar)
iv. He is convicted by a court for propagating against ideology of Pakistan, unless a period of five years since his release
v. Convicted on moral grounds, unless a period of five years since his release
vi. He is dismissed from services of Pakistan on the ground of misconduct, unless five years since his release
vii. He is dismissed from service of Pakistan or retired, unless three years since his release
viii. He has obtained loan of 2 million on his or his dependent name which remained unpaid for one year
ix. He or his dependent defaulted of government dues more then ten thousand rupees

b. Clause 2: If any question arises, Speaker or Chairman Senate will send within thirty days , to Election commission

c. Clause 3: Election commission will decide within ninety days

8. Article 156: National Economic Council to be made. It would consist of thirteen members; PM, 4 CMs, one more member from each province, 4 members nominated by PM. NEC would review overall economic condition of the country and formulate plan and advice federal gov’t.

9. Article 51: National assembly seats (342; 272 – 60 W – 10 NM), 18 years age for voter are deemed always to have been. (Aug 2002)

ELECTION COMMISSION
(Appointment, Office period)

1. Article 213: Prime minister in consultation with Opposition leader will send three names to a parliamentary committee for appointment of Chief Election Commissioner. The committee would not be more then twelve persons equally divided between opposition and treasury. Minimum 1/3rd from Senate.

2. Article 215: Period of office for election commissioner would be five years

BASIC RIGHTS
(Free education, Access to information)

2. Article 25 A: New inserted: The state shall provide free and compulsory education of the age of five to sixteen years.

3. Article 19 A: Every citizen shall have right to have access to information in all matters of public importance subject to reasonable restriction.

__________________
Ahmad Shakeel Babar
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"If you really want to achieve something the whole universe conspires for you to get your dream realized."