‘Does 18th Amendment Ensure
provincial Autonomy?’
Civil Society perspective on proposed
Constitutional Reforms Bill 2010
By: Zulfiqar Halepoto
Convener: Sindh Democratic Forum (SDF)
SANA Convention
July 4th, 2010, Houston, TX, USA
Bicameral Parliamentary System
and power Sharing.
• Bicameral Parliamentary System was
introduced in 1956 constitution
• National Assembly of Pakistan
• The senate of Pakistan
• Prime Minister and the President
• Provincial Assemblies who elects the
President as custodian of the federation
• Constitution of Pakistan 1973-I
• Preamble
• Part I: [Articles 1-6] Introductory
• Part II: Fundamental Rights and Principles
of Policy [Articles 7-40]
• Part III: The Federation of
Pakistan [Articles 41-100]
• Part IV: Provinces [Articles 101-140A]
• Part V: Relations between Federation and
Provinces [Articles 141-159]
Constitution of Pakistan 1973 II
• Part VI: Finance, Property, Contracts and
Suits [Articles 160-174]
• Part VII: The Judicature [Articles 175-212B]
• Part VIII: Elections [Articles 213-226]
• Part IX: Islamic Provisions[Articles 227-231]
• Part X: Emergency Provisions [Articles 232237]
• Part XI: Amendment of Constitution[Articles
238-239]
• Part XII: Miscellaneous [Articles 240-280]
Amendments (1974-2010)
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First Amendment (1974)
Second Amendment (1974)
Third Amendment (1975)
Fourth Amendment (1975)
Fifth Amendment (1976)
Sixth Amendment (1976)
Seventh Amendment (1977)
Eighth Amendment (1985)
Tenth Amendment (1987)
Twelfth Amendment (1991)
Thirteenth Amendment (1997)
Fourteenth Amendment (1997)
Sixteenth Amendment (1999)
Seventeenth Amendment (2003)
Eighteenth Amendment (2010)
Major Amendments in 1973
Constitution of Pakistan
• The 8th Amendment (enacted
by Gen. Zia ul Haq) had altered
over 90 Articles of the
Constitution.
• The 17th Amendment (enacted
by Gen. Pervez Musharraf) had
altered 26 Articles of the
Constitution.
• The 18th Amendment 9enacted
by the present PPP government
has altered 100 articles of the
Constitution
Mandate and ToR of the CRC
Critical Review of Selected Amendments: I
Positives:
Article 264: repeal of 17th Amendment. LFO
repealed.
Article 1 (a): Pakhtoonkhwa. Sindh and
Balochistan.
Article 6: Attempt to suspend the Constitution
or hold in abeyance is high treason.
No legal validation even by the Supreme Court.
A New Article inserted after Article 10:
Right to fair trail.
Article 19: Right to Information.
Article 25: Right to Education.
Critical Review of Selected Amendments: II
Positives:
Article 38: share of provinces in all FS, MNs and
ABs. Past injustices omitted or rectified
Article 58: Dissolutions of NA with the consent of
PM.
Article 58 (2) b: Abolished
Article 167: Direct loaning, Funding and projects
Article 37: Equal opportunities/ compensation
3 main points of 17th amendment were retained
•Voter age.
•Women Seats.
•Joint Electorate.
Critical Review of Selected Amendments: II
Negatives:
Article 51: National Assembly Composition: A
complete hegemony of a single province.
The Senate shall consist of 100 members:
Current Composition
14 members from each Provincial Assembly.
08 members from FATA.
04 from the Federal Capital Islamabad.
04 women on special seats from each Provincial
Assembly.
04 technocrats on special seats from each
Provincial Assembly.
Where is the equality of votes of all the provinces..????
Critical Review of Selected Amendments:
Negatives:
Article 23: not touched. Right to vote.
Article 62: membership qualification of
parliament’s membership.
Article 156: unjust Composition of the National
Economic Council (NEC).
Article 175: Appointment of judges.
Article 243: Consultation between PM and
president of strategic issues and
appointments.
Zia’s amendments like Shariat Courts were not
challenged.
CoD was ignored…???
PCCR didn’t adhere to commitments made
in CoD
• Formation of truth and reconciliation
commission.
• Independent accountability commission.
• National democratic commission
• Scrutiny and review of military and
cantonment lands.
Gender blind amendments?
• No women member in PCCR
• There are various articles and proposed
amendments which shows a clear male
dominated mindset.
• Anti-women laws of Zia are not addressed in
these amendments
Spirit of Constitution & demands of
Sindh
Political Autonomy?
Administrative Autonomy ?
Fiscal Autonomy ?
Legislative Autonomy ?
Confusions in the amendments?
Concurrent list abolition?
Issue of control over Resources
CoD commitments were avoided like independent
federal court of law etc
Not a single proposal on behalf of Sindh
National languages issue was denied
Concurrent List…... I
40 of the 47 subjects in the concurrent list are to be
handed over to provinces before the June 30, 2011.
Subjects related to legal, medical and some education
matters have been shifted to the Federal List Part II.
List would fall in the domain of the Council of Common
Interests (CCI).
Estimated 20 ministries and divisions and 100
autonomous bodies and institutions.
More than 250,000 employees.
Revenue v/s expenditure.
Concurrent List…... II
Important Subjects:
24. Environmental pollution and ecology:
34. Electricity:
32. Shipping and navigation:
38. Curriculum, syllabus, planning, policy,
centres of excellence and standards of
education:
37. Ancient and historical monuments,
archaeological sites and remains.
42. Tourism.
Bicameral parliamentary System and
power Sharing.
Drawbacks of 18th Amendments
All Power goes to NA
Senate is totally ignored
It is aimed to control federation through
headcounts in NA
No balance of power between president and
the PM
Issue of implementation and political will
SDF Recommendations:
Carrying 1973 constitution, incrementally towards the spirit of
the basic contract, the Pakistan Resolution of 1940, in which
the constituting units were autonomous and sovereign.
All decisions regarding inter-provincial and inter-government
affairs through consensus (as against majority vote).
All decisions regarding affairs of the federation with the consent
and approval of the Senate.
Make the Senate “guardian of the federation” and therefore
more powerful.
Sovereignty of federating units over their territories and natural
resources on top and underneath its lands.
Sovereignty of federating units over finances and authority of
taxation on maximum heads.
Representation in all state institutions commensurate with
population.
PMLQ Proposal for new provinces
Baloch Nationalist Parties
PMLN
Thank You