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

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 101140A]
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 175212B]
Part VIII: Elections [Articles 213-226]
Part IX: Islamic Provisions[Articles 227231]
Part X: Emergency Provisions [Articles
232-237]
Part XI: Amendment of
Constitution[Articles 238-239]
Part XII: Miscellaneous [Articles 240-280]

Amendments (1974-2010)

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 LFO repealed.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

Critical
Review
Amendments: II

of

Selected

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

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
parliaments 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.
Zias amendments like Shariat Courts
were not challenged.

CoD was ignored???

PCCR didnt 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

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,

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

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 intergovernment 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

BalochNationalistParties

PMLN

Thank You