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Allama Iqbal Open University, Islamabad (Department of Pakistan Studies)

PAKISTAN
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35 views20 pages

Allama Iqbal Open University, Islamabad (Department of Pakistan Studies)

PAKISTAN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1

ALLAMA IQBAL OPEN UNIVERSITY, ISLAMABAD


(Department of Pakistan Studies)
Name student : FARHANA NOSHAD
Sstudent ID: 0000913995
Course: Ideology and Constitution of Pakistan
Course code: (9378)
Semester: Spring, 2025
Level: BS

ASSIGNMENT No. 2

Q.1 Highlight the salient features of the 1973 constitutions of Pakistan.


Ans: The 1973 Constitution of Pakistan is the most significant legal document in the country's history.
It was passed by the National Assembly on April 10, 1973, and came into force on August 14, 1973. It
was framed under the leadership of Prime Minister Zulfikar Ali Bhutto and remains the foundation of
Pakistan's political and legal system.
Below are the salient features of the 1973 Constitution of Pakistan in detailed form:

1. Written and Rigid Constitution


 The 1973 Constitution is a written document containing 280 Articles divided into 12 parts and
7 schedules.
 It is a rigid constitution, meaning that it cannot be easily amended; major amendments require a
two-thirds majority in both Houses of Parliament.

2. Federal System
 Pakistan is a federation, and the Constitution defines the distribution of powers between the
federal government and the provincial governments.
 There are four provinces: Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan.
 The Council of Common Interests (CCI) and National Finance Commission (NFC) are
established to manage federal-provincial relations.
2

3. Parliamentary Form of Government


 The Constitution provides for a parliamentary system, where the Prime Minister is the chief
executive.
 The President is the ceremonial head of state and acts on the advice of the Prime Minister.
 The Prime Minister is elected by the National Assembly and must enjoy the confidence of the
majority.

4. Bicameral Legislature
 The Constitution establishes a bicameral legislature:
o National Assembly (Lower House): Represents the people and is directly elected.
o Senate (Upper House): Represents the provinces and is indirectly elected.
 This system ensures equal representation of all provinces.

5. Islam as State Religion


 Islam is declared the state religion of Pakistan.
 The Constitution emphasizes that laws must be in conformity with the Quran and Sunnah.
 The Objectives Resolution is made a substantive part of the Constitution in the preamble
(Article 2A).

6. Fundamental Rights and Freedoms


 The Constitution guarantees fundamental rights to all citizens, including:
o Right to life and liberty
o Freedom of speech, religion, and movement
o Right to education, profession, and property
 These rights are enforceable by the courts, especially the High Courts and Supreme Court.

7. Independent Judiciary
 The Constitution provides for an independent judiciary, separate from the executive.
 The Supreme Court is the highest court, followed by High Courts in provinces and lower
courts.
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 The judiciary has the power of judicial review, ensuring that laws do not violate the Constitution.

8. Islamic Provisions
 Islamic ideology is deeply embedded in the Constitution. Key provisions include:
o No law shall be made which is repugnant to Islam (Article 227).
o Council of Islamic Ideology (CII) is established to recommend Islamic laws.
o Only a Muslim can be President and Prime Minister.
o Promotion of Islamic way of life, Zakat, and Usher systems.

9. Language Provisions
 Urdu is declared as the national language of Pakistan.
 However, English may continue as an official language until arrangements are made for Urdu.
 Provinces are allowed to promote and use regional languages.

10. Adult Franchise


 The Constitution introduces universal adult franchise, meaning all citizens aged 18 and above
have the right to vote without discrimination.

11. Single Citizenship


 Pakistan follows the concept of single citizenship, meaning all Pakistanis are citizens of Pakistan
only (not of a province separately).

12. Emergency Provisions


 The Constitution allows for the declaration of emergency under certain circumstances (war,
internal disturbance, financial crisis).
 In an emergency, fundamental rights may be suspended, and Parliament may legislate for
provinces.

13. Provisions for Minorities


 The Constitution safeguards the religious, cultural, and educational rights of minorities.
 Minorities have the freedom to profess, practice, and propagate their religion.
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 Reserved seats are allocated for minorities in legislative assemblies.

14. Local Government


 The Constitution encourages the establishment of local governments to decentralize power and
facilitate public participation in governance.

15. Provisions for Accountability


 The Constitution provides for accountability institutions, like the Public Accounts Committee,
to monitor government expenditures and actions.

16. Elections and Election Commission


 An independent Election Commission of Pakistan (ECP) is established to conduct free and
fair elections at all levels.
 The Chief Election Commissioner (CEC) is appointed for a fixed term and enjoys constitutional
protection.

17. Provincial Autonomy


 The Constitution grants considerable autonomy to provinces, especially after the 18th
Amendment, which removed the Concurrent Legislative List and empowered provinces in
many areas like education, health, and culture.

18. Islamic Advisory Institutions


 Establishment of:
o Shariat Court: To hear cases involving Islamic injunctions.
o Council of Islamic Ideology (CII): To recommend Islamization of laws.

Conclusion:
The 1973 Constitution of Pakistan is a landmark in the political and constitutional history of the country.
It not only laid the foundation of democracy, federalism, and Islamic values, but also provided a
framework for civil liberties, good governance, and rule of law. Despite several military interventions
and amendments, it has remained a symbol of national unity and continues to guide Pakistan's
democratic journey.
5

Q.2 Why Pakistan has failed to develop a sustainable constitution, explore the historical
development.
Ans: The failure of Pakistan to develop a sustainable constitution stems from a complex interplay of
historical, political, institutional, and ideological factors. Since its independence in 1947, Pakistan has
struggled to establish a stable constitutional order, experiencing frequent interruptions in democratic
rule, conflicts between civilian and military leadership, and ideological disagreements regarding the
nature of the state—Islamic or secular, centralized or federal.
Below is a detailed exploration of the historical development of Pakistan’s constitutional journey and
the reasons for its instability:

1. Historical Background (1947–1956): Early Challenges to Constitution-Making

A. Inherited British Colonial System


 Pakistan inherited the Government of India Act 1935 as its interim constitution.
 This act centralized power in the Governor-General, which gave rise to authoritarian
tendencies in the early years.
B. Death of Leadership
 The death of Quaid-e-Azam Muhammad Ali Jinnah in 1948, and later Prime Minister Liaquat
Ali Khan in 1951, created a leadership vacuum.
 No strong visionary leader remained to guide constitution-making.
C. Disputes over Federalism and Islam
 East and West Pakistan had major differences:
o East Pakistan demanded greater autonomy and equal political representation.
o West Pakistan wanted a strong centralized Islamic state.
 Conflicts emerged over:
o The language issue (Bengali vs. Urdu).
o Representation in the legislature (population vs. parity).
o The role of Islam in the state.
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2. First Constitution (1956): A Short-lived Experiment

Features
 Declared Pakistan an Islamic Republic.
 Established a parliamentary system.
 Recognized Urdu and Bengali as national languages.
 Provided for a federal system, with East and West Pakistan treated as equal provinces.
Failure Reasons
 Political instability: Frequent changes in prime ministers.
 Bureaucratic and military influence grew stronger.
 President Iskander Mirza abrogated the Constitution in 1958, imposing martial law with
General Ayub Khan as the Chief Martial Law Administrator.

3. Second Constitution (1962): A Military-Imposed Framework

Features
 Introduced by General Ayub Khan.
 Created a presidential system with concentrated executive powers.
 Removed the word “Islamic” from the name of the country temporarily.
 Introduced Basic Democracies for indirect elections.
Failure Reasons
 Seen as undemocratic and centralized.
 Ignored the federal character of the state.
 Public dissatisfaction grew due to economic inequality and lack of political freedoms.
 Ayub Khan handed over power to General Yahya Khan in 1969.

4. Crisis of 1971 and the Fall of East Pakistan

 The failure to implement a just constitutional and federal framework led to the secession of
East Pakistan in 1971, which became Bangladesh.
 Sheikh Mujibur Rahman’s Awami League won a majority in the 1970 elections, but West
Pakistani elites refused to transfer power.
 This crisis exposed the deep flaws in the constitutional structure, military dominance, and
lack of democratic commitment.
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5. The 1973 Constitution: A Democratic Milestone

Features
 Drafted with consensus under Zulfikar Ali Bhutto.
 Declared Pakistan an Islamic Republic.
 Established a parliamentary system with a federal structure.
 Recognized fundamental rights, independent judiciary, and Islamic provisions (e.g., Council
of Islamic Ideology).
Problems and Amendments
 Despite being a major achievement, the Constitution faced repeated suspensions and
amendments:
o Zia-ul-Haq (1977–1988) suspended the Constitution and added many Islamic clauses
(8th Amendment).
o Pervez Musharraf (1999–2008) again suspended the Constitution and made changes
through the 17th Amendment.

6. Causes of Constitutional Instability in Pakistan

A. Military Interventions
 Four martial laws (1958, 1969, 1977, 1999) disrupted constitutional governance.
 Military often rewrote or amended the Constitution to suit its needs.
B. Weak Democratic Institutions
 Political parties have been personality-driven, not institutionally strong.
 Frequent changes in governments created an environment of uncertainty.
C. Civil-Military Imbalance
 Civilian governments were often undermined by the military, which held sway over foreign
policy, defense, and security matters.
 Military-dominated National Security Councils weakened parliamentary oversight.
D. Ethnic and Linguistic Diversity
 Balochistan, Sindh, Khyber Pakhtunkhwa, and minority groups felt marginalized.
 Lack of genuine provincial autonomy led to resistance and conflict.
E. Religion vs. Secularism
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 Debates over Shariah law, blasphemy laws, and minority rights created ideological confusion.
 Extremist interpretations vs. democratic values led to constitutional contradictions.
F. Judicial Complicity
 The doctrine of necessity was used by courts to justify military coups.
 Judiciary failed to assert itself as an independent upholder of the Constitution.

7. Recent Developments and Ongoing Challenges

A. 18th Amendment (2010)


 Aimed at restoring the parliamentary character of the Constitution.
 Enhanced provincial autonomy.
 Removed Presidential powers to dissolve Parliament (Article 58(2)(b)).
B. Political Polarization
 Constant tug-of-war between political parties, leading to instability.
 Use of constitutional amendments for political gain.
C. Lack of Constitutional Supremacy in Practice
 While the Constitution exists on paper, implementation remains weak.
 Corruption, lack of rule of law, and selective accountability continue.

Conclusion

Despite the existence of a constitution since 1973, Pakistan has failed to develop a truly sustainable
constitutional system due to repeated interruptions in democratic processes, dominance of unelected
institutions (especially the military), and ideological conflicts over the role of religion and the distribution
of power between the center and provinces.
The path toward a sustainable constitution requires:
 Respect for democratic norms.
 Strengthening of institutions.
 Civil-military balance.
 Genuine federalism.
 A commitment to constitutional supremacy and rule of law.
9

Q.3 Analyze the structure of the state of Pakistan in the light of 1973 constitution.
Ans: The structure of the State of Pakistan as laid down in the 1973 Constitution is comprehensive,
democratic, and based on Islamic principles. It defines the framework for the organization, powers, and
functioning of the state organs. The Constitution declares Pakistan to be a Federal Republic, and its
structure revolves around three main pillars: the Legislature, the Executive, and the Judiciary, along
with important institutions like the Election Commission and the Council of Islamic Ideology.
Below is a detailed analysis of the structure of the State of Pakistan under the 1973 Constitution:

1. Nature of the State


 Islamic Republic: The Constitution declares Pakistan as an Islamic Republic (Article 1),
meaning that it is a sovereign state guided by Islamic values.
 Democratic System: The 1973 Constitution ensures that the sovereignty belongs to Allah
Almighty, and authority is to be exercised by the people through their elected representatives
(Preamble and Article 2A).
 Federal System: Pakistan is a federation of four provinces: Punjab, Sindh, Khyber
Pakhtunkhwa, and Balochistan, with distribution of powers between the federal government and
provincial governments.

2. Federal Structure
 The federation consists of a Federal Government (Centre) and Provincial Governments.
 Division of Powers: The powers and responsibilities of the federal and provincial governments
are defined in:
o Federal Legislative List (Part I and II) – Subjects on which only the National
Assembly can legislate.
o Provincial List – Abolished by the 18th Amendment, giving provinces more autonomy.
o Residuary Powers – Now lie with the provinces (after 18th Amendment).

3. Legislature (Parliament)
Pakistan has a bicameral legislature at the federal level:
i. National Assembly (Lower House)
 Elected by the people through general elections.
 Represents the population of Pakistan.
 Powers:
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o Pass laws
o Approve federal budget
o Elect Prime Minister
o Can initiate and pass money bills
ii. Senate (Upper House)
 Represents the provinces equally (ensures federal balance).
 Members are elected by provincial assemblies.
 Cannot initiate money bills but can debate and suggest amendments.
Importance of Bicameral Legislature:
 Ensures provincial representation.
 Maintains check and balance.
 Promotes national integration.

4. Executive Structure
The executive branch is responsible for implementing laws and running the government. It includes:
i. The President
 Ceremonial Head of State.
 Elected by an electoral college (Senate, National Assembly, and Provincial Assemblies).
 Powers include:
o Appointment of governors, judges, military chiefs
o Dissolving assemblies (subject to conditions)
o Representing Pakistan internationally
 Bound to act on the advice of the Prime Minister (Article 48).
ii. The Prime Minister
 Head of Government.
 Real executive authority lies with the PM.
 Elected by the National Assembly.
 Leads the cabinet and is responsible for policy making and administration.
iii. Federal Cabinet
 Comprises ministers appointed by the President on PM’s advice.
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 Responsible for specific ministries (e.g., foreign affairs, finance, education).


 Accountable to the National Assembly.

5. Provincial Structure
Each province has its own government with the following features:
 Governor: Appointed by the President, acts as a ceremonial head.
 Chief Minister: Elected by the Provincial Assembly, holds executive powers.
 Provincial Assembly: Unicameral legislature in each province.
 Responsible for provincial legislation, budget, and administration.
Local Governments:
 The Constitution encourages devolution of powers to local governments, but implementation
varies by province.
 Local bodies deal with grassroots issues (municipal services, primary education, etc.).

6. Judiciary
The judiciary is independent and impartial, and it ensures the supremacy of the Constitution and
protection of fundamental rights.
i. Supreme Court
 Apex court of Pakistan.
 Headed by the Chief Justice of Pakistan.
 Jurisdiction:
o Constitutional (interpret Constitution)
o Appellate
o Advisory (on President’s request)
o Original jurisdiction in federal disputes (Article 184(1)).
ii. High Courts
 One in each province.
 Handle appeals from lower courts and constitutional issues at the provincial level.
iii. Subordinate Judiciary
 District and Sessions Courts
 Civil and Criminal Courts at local levels.
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iv. Shariat Court


 Can examine laws in light of Islamic principles.
 Declares laws void if they conflict with Islamic injunctions.

7. Other Important Institutions


i. Election Commission of Pakistan (ECP)
 Ensures free and fair elections.
 Responsible for electoral rolls, conducting general and by-elections.
ii. Council of Islamic Ideology
 Advises Parliament on Islamization of laws.
 Reviews existing laws and recommends reforms in light of Islamic teachings.
iii. National Finance Commission (NFC)
 Allocates financial resources between federation and provinces.
iv. Auditor General and Public Accounts Committees
 Ensure accountability in public spending.

8. Islam and State Structure


 Islam is the state religion (Article 2).
 No law can be enacted against the injunctions of Islam (Article 227).
 All laws are to be brought in conformity with Qur’an and Sunnah.
 Offices of the President and Prime Minister are reserved for Muslims.

9. Fundamental Rights and Responsibilities


 The Constitution ensures fundamental rights to all citizens including:
o Right to life, liberty, and dignity
o Freedom of speech, religion, assembly, and association
o Protection against arbitrary arrest and detention
o Rights to education, information, and fair trial
 Citizens are expected to be loyal to the state, pay taxes, and follow the law.
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Conclusion
The 1973 Constitution provides a strong framework for the functioning of the State of Pakistan. It
establishes a democratic, federal, and Islamic structure, clearly defining the roles of the Legislature,
Executive, and Judiciary, while ensuring provincial autonomy and citizens' rights. Though challenges
have arisen over the years—such as civil-military imbalance, weak local governments, and constitutional
violations—the structure envisioned in 1973 remains a robust blueprint for a democratic and Islamic
Pakistan.

Q.4 Define the fundamental rights in the content of 1973 constitution in Pakistan.
Ans: In the Constitution of Pakistan 1973, Fundamental Rights are a cornerstone of the legal and
democratic structure of the state. These rights are enshrined in Part II: Chapter 1 (Articles 8 to 28) of
the Constitution and are designed to ensure the protection, dignity, and equality of all citizens. They are
enforceable by the courts and act as a safeguard against arbitrary actions by the state or any authority.

Definition of Fundamental Rights in the 1973 Constitution of Pakistan:

Fundamental rights are those basic human freedoms and liberties that every individual possesses, and
which the state is obligated to protect. These rights are considered essential for the development of an
individual's personality and for maintaining the rule of law, democracy, and justice in society.
According to Article 8(1) of the 1973 Constitution:
“Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights
conferred by this Chapter, shall, to the extent of such inconsistency, be void.”
This means that no law or policy in Pakistan can override or violate the rights guaranteed in this chapter.

List and Explanation of Fundamental Rights in the 1973 Constitution:

1. Article 9 – Security of Person


Every individual has the right to life and liberty, and no one can be deprived of this right except in
accordance with law.

2. Article 10 – Safeguards as to Arrest and Detention


Provides protections against arbitrary arrest and detention, including the right to be informed of the
grounds of arrest, right to consult a lawyer, and appearance before a magistrate within 24 hours.

3. Article 10-A – Right to Fair Trial


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Inserted via the 18th Amendment, this article guarantees the right to a fair trial and due process for all
citizens before any judicial or administrative body.

4. Article 11 – Slavery, Forced Labour and Child Labour Prohibited


 Prohibits slavery and forced labor.
 Forbids employment of children below the age of 14 years in hazardous employment.

5. Article 12 – Protection Against Retrospective Punishment


No law shall authorize punishment for an act that was not a crime at the time it was committed.

6. Article 13 – Protection Against Double Punishment and Self-Incrimination


No person shall:
 Be prosecuted or punished more than once for the same offence.
 Be compelled to be a witness against themselves.

7. Article 14 – Inviolability of Dignity of Man and Privacy of Home


 Recognizes the dignity of every person as inviolable.
 Guarantees privacy of home and protection from unlawful searches.

8. Article 15 – Freedom of Movement


Grants every citizen the right to move freely throughout Pakistan and to reside in any part of it.

9. Article 16 – Freedom of Assembly


Every citizen has the right to assemble peacefully, without arms, subject to reasonable restrictions
imposed by law in the interest of public order.

10. Article 17 – Freedom of Association


Every citizen has the right to form associations or unions, including political parties, subject to
restrictions in the interest of sovereignty or public order.

11. Article 18 – Freedom of Trade, Business or Profession


15

Every citizen shall have the right to enter any lawful profession or trade, and conduct business, subject
to qualification and regulation by law.

12. Article 19 – Freedom of Speech


Every citizen has the right to freedom of speech and expression, and freedom of the press, subject to
restrictions relating to:
 Islam
 National security
 Public order
 Morality
 Contempt of court or defamation

13. Article 19-A – Right to Information


Introduced by the 18th Amendment, it provides access to information in matters of public importance.

14. Article 20 – Freedom to Profess Religion and Manage Religious Institutions


Every citizen has the right to profess, practice and propagate their religion, and every religious group
has the right to manage its religious institutions.

15. Article 21 – Safeguard Against Taxation for Religious Purposes


No person shall be compelled to pay any special tax whose proceeds are meant for the propagation of
any religion other than their own.

16. Article 22 – Safeguard as to Educational Institutions in Respect of Religion


Protects the religious freedom of students in educational institutions, ensuring they are not forced to
receive religious instruction not belonging to their own faith.

17. Article 23 – Right to Acquire, Hold and Dispose of Property


Every citizen has the right to acquire, hold, and dispose of property, subject to the Constitution and
law.

18. Article 24 – Protection of Property Rights


16

 No person shall be deprived of property except for public purposes and with compensation.
 Prevents unlawful seizure by the state.

19. Article 25 – Equality of Citizens


 All citizens are equal before law and are entitled to equal protection of law.
 No discrimination on the basis of sex.
 State to make special provisions for the protection of women and children.

20. Article 25-A – Right to Education


Every child between the ages of 5 to 16 years has the right to free and compulsory education provided
by the state (added by 18th Amendment).

21. Article 26 – Non-Discrimination in Access to Public Places


No citizen shall be denied access to places of public use such as parks, hotels, or restaurants on the basis
of race, religion, caste, sex, or residence.

22. Article 27 – Safeguard Against Discrimination in Services


There shall be no discrimination in government service or employment on grounds of race, religion,
caste, or gender, except in specific cases for minority or under-represented groups.

23. Article 28 – Preservation of Language, Script and Culture


Minority groups have the right to preserve and promote their language, script, and culture.

Importance of Fundamental Rights:

1. Protect Individual Liberty – Ensures that the dignity and freedom of every individual are
safeguarded.
2. Establish Rule of Law – Keeps the actions of the government within legal bounds.
3. Prevent Arbitrary Power – Prevents misuse of state authority against citizens.
4. Promote Democracy – Builds a framework where citizens can actively participate in political
and social life.
5. Social Justice – Bridges social gaps and ensures protection for the weak and marginalized.
6. Religious Tolerance – Encourages peaceful coexistence in a multi-religious society.
17

Conclusion:

The Fundamental Rights enshrined in the 1973 Constitution of Pakistan form the legal bedrock of
individual freedom, human dignity, and democratic governance. These rights aim to foster a just,
equitable, and progressive society. They are enforceable by courts, and any violation can be challenged
through constitutional petitions under Article 199 (High Court) or Article 184(3) (Supreme Court).

Q.5 Analyze the impacts of 18th amendment on the constitution of Pakistan.


Ans: The 18th Amendment to the Constitution of Pakistan, passed on April 8, 2010, and enacted on
April 19, 2010, was one of the most comprehensive constitutional reforms in the country's history. It had
far-reaching implications for the distribution of power between the federal and provincial
governments, the strengthening of parliamentary democracy, and the restoration of the true spirit of
the 1973 Constitution. Here is a detailed analysis of its impacts:

1. Restoration of Parliamentary Democracy

One of the most significant impacts of the 18th Amendment was the reversal of the authoritarian
changes made under military regimes, especially by General Zia-ul-Haq (8th Amendment) and
General Pervez Musharraf (17th Amendment).
 President's Powers Curtailed:
o The amendment removed Article 58(2)(b) which allowed the President to dissolve the
National Assembly unilaterally.
o The President’s role became ceremonial, restoring true parliamentary form of
government.
o Powers like appointing the Chief Election Commissioner, Service Chiefs, and Governors
now require consultation with or advice from the Prime Minister.

2. Provincial Autonomy Enhanced

The 18th Amendment was a landmark in decentralization, significantly empowering the provinces.
 Abolition of Concurrent Legislative List:
o The Concurrent List (47 subjects), where both federal and provincial governments had
legislative power, was abolished.
o Around 17 ministries and their subjects were transferred to provinces, including
education, health, environment, culture, and labor.
 Increased Provincial Authority:
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o Provinces gained full control over planning, legislation, and execution in many areas.
o Created more ownership and accountability at the provincial level.
 Council of Common Interests (CCI):
o Strengthened under Article 153–155.
o It was made more functional and mandatory to meet at least once every 90 days,
ensuring cooperation between the federation and provinces.

3. Strengthening of Fundamental Rights

The 18th Amendment also aimed at strengthening civil liberties and human rights.
 Right to Education:
o Article 25-A was added: "The State shall provide free and compulsory education to
all children of the age of five to sixteen years..."
 Right to Information:
o Article 19-A was introduced, giving citizens the right to access information in all
matters of public importance.
 Rights for Minorities and Women:
o Affirmed religious freedom and equality.
o Enhanced representation and rights protection for minorities and women.

4. Judicial and Institutional Reforms

 Judicial Appointments:
o Articles 175-A introduced a new mechanism for appointment of judges through a
Judicial Commission and Parliamentary Committee.
 Election Commission:
o Enhanced the autonomy of the Election Commission of Pakistan.
o Appointment of Chief Election Commissioner made subject to parliamentary approval.

5. Reinforcement of Constitutional Supremacy

 Name Change:
o The North-West Frontier Province (NWFP) was renamed Khyber Pakhtunkhwa,
acknowledging ethnic and cultural identity.
19

 Constitutional Continuity:
o The amendment removed legal cover from all unconstitutional and undemocratic acts
made under emergency rule of 2007 by Gen. Musharraf.
o Article 6 was revised to make high treason more clearly applicable to those abrogating
the Constitution.

6. Challenges and Criticism

While the amendment was a major reform, it was not without challenges:
 Capacity Issues at Provincial Level:
o Many provinces lacked the administrative, financial, and human resource capacity to
manage devolved subjects effectively.
 Inter-Provincial Coordination:
o The need for greater coordination has increased, especially in education, health, and
water distribution, yet mechanisms are still evolving.
 Fiscal Decentralization:
o Although legislative power was devolved, some experts argue that fiscal powers and
resources were not sufficiently aligned, leading to center-province tensions.
 Lack of Awareness and Implementation:
o Many rights introduced (like Right to Education) are still under-implemented due to
lack of laws and enforcement mechanisms.

7. Political and Democratic Implications

 Strengthened federalism and democracy.


 Improved civil-military balance by reducing President’s powers.
 Empowered provincial governments and legislatures, enhancing grassroots democracy.
 Encouraged pluralism and inclusiveness through ethnic recognition (e.g., Khyber Pakhtunkhwa).

✅ Conclusion:

The 18th Amendment is a milestone in Pakistan’s constitutional and democratic history. It aimed to
reverse decades of centralization and authoritarianism, restore the spirit of the 1973 Constitution,
and promote provincial autonomy, human rights, and parliamentary supremacy.
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