COMSAT UNIVERSITY ISLAMABAD

GROUP MEMBERS:

Name Registration No.

Qadir Kamali SP24-BAF-085
Noshad Khan SP24-BAF-083
Aimen Zahid SP24-BAF-141
Sohail Mukhtar SP24-BAF-103
Taimoor Ali Khan SP24-BAF-106

Course: Ideology and Constitution of Pakistan

Teacher Name: Ali Hasnain
Assignment No: 03 (Project)
Date: 18, Nov 2024
Contents
1. ABSTRACTS..................................................................................................................................................3
........................................................................................................................................................................... 3
2. INTRODUCTION...........................................................................................................................................3
3. Key Features........................................................................................................................................3
........................................................................................................................................................................... 5
4. FINDINGS AND DISCUSSION......................................................................................................................5
5. CONCLUSION AND RECOMMENDATIONS....................................................................................................5
5.1. Strengthening Provincial Autonomy.........................................................................................................6
5.1.1. Background.......................................................................................................................................6
5.1.2. Key Changes......................................................................................................................................6
5.1.3. Impacts:.............................................................................................................................................7
5.1.4. Challenges:............................................................................................................................................7
5.2. Reduction of Concentration of Power in the Presidency..........................................................................7
5.2.1. Background.......................................................................................................................................7
5.2.2. Key Changes......................................................................................................................................8
5.2.3. Impacts:.............................................................................................................................................8
5.2.4. Challenges:........................................................................................................................................8
5.3 Improved Judicial Independence:..............................................................................................................9
5.3.1. Background.......................................................................................................................................9
5.3.2. Key Changes......................................................................................................................................9
5.3.3. Impacts:.............................................................................................................................................9
By eliminating the practice of granting tenure extensions andintroducing safeguards against
arbitrary transfers and removals, the 18th amendment has reduced the potential for executive
interference in judicial affairs...................................................................................................................10
5.3.4. Challenges:......................................................................................................................................10
Conclusion.................................................................................................................................................10
5.4. Enhanced Electoral Transparency:..........................................................................................................10
5.4.1. Background.....................................................................................................................................10
5.4.2. Key Changes....................................................................................................................................10
5.4.4. Challenges:......................................................................................................................................11
Conclusion.................................................................................................................................................11

TH
6. RECOMMENDATIONS FOR 18 AMENDMENT........................................................................................11
7. SOLUTIONS AND SUGGESTIONS FOR THE 18THAMENDMENT OF PAKISTAN.....................................................12
7.1. Political Consensus and Stability........................................................................................................12
7.2. Provincial Autonomy and Federal-Provincial Relations:.....................................................................13
7.3. Judicial Independence and Reform....................................................................................................13
7.4. Electoral Reform and Democracy.......................................................................................................13
7.5. Resource Distribution and Economic Development............................................................................13
7.6. Institutional Strengthening and Capacity Building..............................................................................13
7.7. Public Awareness and Education........................................................................................................13
7.8. Review and Refine the Amendment...................................................................................................14
8. REFRENCES....................................................................................................................................................14
Main Topic: Amendment Related to the constitution of Pakistan (Since from
the Formation of Pakistan)

18th Amendment to the constitution of Pakistan:

1. ABSTRACTS:
This report delves into the impact of the 18th Amendment to the Constitution of Pakistan,
enacted in 2010, and its ramifications on the country's political landscape and governance
structure. The 18th Amendment represents a significant milestone in Pakistan's constitutional
history, aiming to devolve power to the provinces, strengthen parliamentary democracy, and
enhance provincial autonomy. Through an in-depth analysis, this report examines the historical
context, provisions, implications, and implementation challenges of the 18th Amendment. It also
assesses its effects on Pakistan's federalism, governance dynamics, intergovernmental relations,
and the balance of power between the federal and provincial governments. Moreover, the report
highlights the controversies, debates, and critiques surrounding the amendment and provides
recommendations for addressing its implementation challenges and maximizing itsbenefits for
Pakistan's democratic consolidation and socio-economic development.

2. INTRODUCTION:
The Constitution of Pakistan, since its inception, has undergone several amendments
aimed ataddressing various socio-political challenges and accommodating the evolving needs
of the country. Among these, the 18th Amendment stands out as a landmark legislation that
significantly altered Pakistan's constitutional landscape. The 18th Amendment to the
Constitution of Pakistan was a comprehensive reform package aimed at addressing the
country'spolitical, administrative, and economic imbalances. It was passed by the National
Assembly on April 8, 2010, and ratified by the Senate on April 15, 2010. The amendment
comprised 102 clauses, affecting 97 articles of the Constitution.

3. Key Features:
3.1. Parliamentary System:
The amendment established a parliamentary system, making thePrime Minister the chief
executive, and reducing the President's powers to a ceremonial figurehead.
3.2. Provincial Autonomy:
The amendment devolved power from the federal government to theprovinces, granting
them greater autonomy in legislative, administrative, and financial matters.
3.3. Constitutional Reforms:
The amendment introduced significant changes to the Constitution,including the repeal of
the 17th Amendment, which had granted the President sweeping powers.
3.4. Judicial Reforms:
The amendment introduced reforms to the judicial system, including theappointment of
judges and the establishment of a judicial commission.
 3.5. Electoral Reforms:
The amendment introduced measures to ensure free and fair elections,including the
establishment of an independent election commission.

3.6. Council of Common Interests:

The amendment established the Council of CommonInterests (CCI) to resolve disputes
between the federal government and provinces.

3.7. National Finance Commission:

The amendment reconstituted the National Finance Commission (NFC) to ensure a fair
distribution of resources between the federal governmentand provinces.

3.8. Provincial Subjects:

The amendment transferred several subjects, including education,health, and

agriculture, from the federal government to the provinces.

3.9. Senator's Election:

The amendment changed the procedure for electing Senators, ensuringequal

representation for each province in the Senate.

3.10. Article 58(2) (b):

The amendment repealed Article 58(2) (b), which had allowed the President to dissolve the
National Assembly unilaterally.

The 18th Amendment aimed to address Pakistan's political and administrative

imbalances, promoting a more democratic, federal, and parliamentary system. Its
implementation has had asignificant impact on the country's political landscape, provincial
autonomy, and democratic governance.
4. FINDINGS AND DISCUSSION:
The 18th Amendment introduced sweeping changes to various aspects of Pakistan's
constitutional framework, with the primary focus on devolving power to the provinces and
strengthening parliamentary democracy. One of the key provisions of the amendment was
theabolition of the Concurrent List, transferring several subjects from the federal to the
provincialdomain. This move aimed to empower the provinces to legislate on matters
directly impactingtheir constituents, such as health, education, and agriculture.
Additionally, the amendment enhanced provincial autonomy by increasing the share of
provinces in the National Finance Commission (NFC) Award, thereby enabling them to
have greater control over their financialresources.
Furthermore, the 18th Amendment introduced reforms aimed at strengthening
parliamentarydemocracy and ensuring the independence of key institutions. It restored the
parliamentary form of government by curtailing the powers of the president, including the
removal of the president's authority to dissolve the National Assembly. Moreover, the
amendment sought todepoliticize key institutions by introducing measures to enhance their
autonomy and accountability. For instance, it established a bipartisan parliamentary
committee for theappointment of judges, aimed at ensuring transparency and meritocracy in
the judicialappointment process. However, despite its noble objectives, the 18th Amendment
has faced implementation challenges and generated controversies. One of the major criticisms
leveled against theamendment is its impact on the balance of power between the federal and
provincial governments. Some critics argue that the excessive devolution of power to the
provinces has ledto administrative inefficiencies and duplication of efforts, hampering
effective governance.
Moreover, concerns have been raised regarding the provincial governments' capacity
to effectively manage the devolved subjects, especially in less developed regions with
limited resources and institutional capacity.
Another contentious issue surrounding the 18th Amendment is its impact on the
federal government's ability to implement national policies and projects. The transfer of
subjects from the Concurrent List to the provinces has raised questions about the federal
government's role inareas such as energy, environment, and communication, where a
coordinated national approachis essential. Additionally, the enhanced autonomy of
provinces in fiscal matters has raised concerns about the equitable distribution of
resources and the potential for inter-provincialdisparities to widen.
5. CONCLUSION AND RECOMMENDATIONS:
The 18th amendment to the constitution of Pakistan marked a pivotal moment in the
country'sgovernance structure by significantly strengthening provincial autonomy. Prior to
this amendment, Pakistan's provinces had limited authority, with most decisions
centralized at thefederal level. However, the 18th amendment brought about substantial
changes aimed at empowering provincial governments and decentralizing power. One of
 the key aspects of strengthening provincial autonomy was the devolution of powers from
the federal governmentto the provinces. This transfer of authority encompassed various
sectors such as education, health, agriculture, and others, allowing provinces to make
decisions that are more responsive tolocal needs and priorities. Additionally, the
amendment granted provinces greater control over their finances, enabling them to
independently allocate resources according to their developmental goals and objectives.
Moreover, the 18th amendment introduced constitutionalsafeguards to protect provincial
autonomy, ensuring that provinces have a say in matters that directly affect them and
reducing interference from the federal government. Overall, the 18th amendment has
played a crucial role in empowering provinces, fostering more inclusive and participatory
governance, and promoting balanced development across Pakistan. The 18th Amendment
to the Constitution of Pakistan was a significant step towards decentralizing power,
strengthening provincial autonomy, and promoting democratic governance. The
amendment addressed long-standing issues related to the presidency, judiciary, and
electoral processes, andhas had a profound impact on Pakistan's political landscape. While
the amendment has faced challenges in its implementation, it has also brought about
positive changes, including:
 Strengthened provincial autonomy.
 Reduced concentration of power in the presidency.
 Improved judicial independence.
 Enhanced electoral transparency.

5.1. Strengthening Provincial Autonomy:

The 18th amendment to Pakistan's constitution was a significant step towards
strengtheningprovincial autonomy. Here's a detailed note in simple English:
5.1.1. Background:
Before the 18th amendment, Pakistan's provinces had limited powers, with most decisions
madeby the federal government. This led to feelings of neglect and a lack of control over
local affairs.
5.1.2. Key Changes:
5.1.2.1. Devolution of Powers:
The 18th amendment transferred several subjects from the federal government to
the provinces.These subjects include education, health, and agriculture, among others.
Now, provinces have more authority to make decisions in these areas.
5.1.2.2. Financial Autonomy:
Provinces now have more control over their finances. They receive a larger share of the
federalbudget, allowing them to allocate resources according to local needs. This financial
autonomyempowers provinces to fund projects and initiatives independently.
 5.1.2.3. Constitutional Protection:
The amendment provides constitutional protection to provincial autonomy. It ensures
that provinces have a say in matters that directly affect them, reducing interference from
the federalgovernment.
5.1.3. Impacts:
5.1.3.1. Improved Governance:
With more power at the provincial level, governance has become more responsive and
accountable. Provinces can tailor policies and programs to better meet the needs of theirresidents.
5.1.3.2. Local Development:
Provincial autonomy has led to increased focus on local development initiatives. Provinces can
now prioritize projects that address specific regionalchallenges and opportunities.
5.1.3.3. Empowerment of Provinces: The 18th amendment has empowered provinces to take
chargeof their own affairs. It has fostered a sense of ownership and responsibility among
provincial governments, leading to better decision-making and implementation.

5.1.4. Challenges:
Despite its benefits, strengthening provincial autonomy has presented some challenges:
5.1.4.1. Inter-Provincial Coordination:
Ensuring smooth coordination and collaboration among provinces remains a challenge.

Effortsare needed to promote cooperation and address disputes.

5.1.4.2. Capacity Building:

Some provinces may face capacity constraints in fully exercising their newfound powers.
Investment in capacity building is essential to overcome these challenges.
Conclusion:
Overall, the 18th amendment has significantly strengthened provincial autonomy in Pakistan.
Ithas empowered provinces to govern more effectively and independently, leading to
improved governance, local development, and empowerment of local communities. However,
addressingchallenges such as inter-provincial coordination and capacity building is crucial to
fully realize the potential of provincial autonomy.

5.2. Reduction of Concentration of Power in the Presidency:

The 18th amendment to Pakistan's constitution aimed to reduce the concentration of power
in the presidency and promote a more balanced distribution of authority between the
executive, legislative, and judicial branches of government. Here's a detailed note in simple
English:

5.2.1. Background:
Before the 18th amendment, the presidency in Pakistan held significant powers, including
theauthority to dissolve the National Assembly and appoint key government officials. This
 concentration of power in the hands of the president led to concerns about democratic
accountability and governance.

5.2.2. Key Changes:

5.2.1. Curbing Presidential Powers:
The 18th amendment curtailed the powers of the presidency by transferring many
executive authorities to the prime minister and other elected bodies. For example, the
president's authority to dissolve the National Assembly was abolished, ensuring that the
assembly's tenureis protected.
5.2.2. Appointment Mechanisms:
The amendment introduced changes to the appointment mechanisms for key
government positions. For instance, the president's power to appoint the chief election
commissioner, thechief justice of Pakistan, and other officials was reduced or transferred to
other bodies.
5.2.3. Term Limits: The 18th amendment imposed term limits on the presidency, ensuring
that noindividual can hold the office for more than two consecutive terms. This measure
promotes democratic principles by preventing the concentration of power in the hands of a
singleindividual over an extended period.

5.2.3. Impacts:
5.2.3.1. Enhanced Checks and Balances:
By reducing the powers of the presidency, the 18th amendment strengthened the
system ofchecks and balances within Pakistan's political framework. This promotes
accountability andprevents the abuse of executive authority.
5.2.3.2. Empowerment of Parliament:
The transfer of certain executive powers to elected bodies, such as the prime minister
and theNational Assembly, enhances the role of parliament in decision-making and
governance. Thisensures that elected representatives have a greater say in shaping
government policies and initiatives.
5.2.3.3. Preservation of Democratic Norms:
The imposition of term limits on the presidency promotes democratic norms by
preventing theconsolidation of power in the hands of a single individual or political party. This
fosters politicalcompetition and ensures a more vibrant and dynamic democratic process.
5.2.4. Challenges:
Despite its benefits, reducing the concentration of power in the presidency may pose
challengessuch as:
5.2.4.1. Executive Functioning:
Ensuring smooth functioning of the executive branch following the redistribution of powers
effective coordination and cooperation among various government institutions.
 5.2.4.2. Transition Period: Adjusting to the new distribution of powers may require time
and effort,as government officials and institutions adapt to their revised roles and
responsibilities.
Conclusion:
The 18th amendment has played a crucial role in reducing the concentration ofpower in
the presidency and promoting a more balanced and accountable system of governance in
Pakistan.
5.3 Improved Judicial Independence:
The 18th amendment to Pakistan's constitution aimed to enhance judicial independence,
ensuring that the judiciary operates autonomously without undue influence from the
executiveor legislative branches of government. Here's a detailed note in simple English:
5.3.1. Background:
Before the 18th amendment, concerns existed regarding the independence of Pakistan's
judiciary, with instances of executive interference and political pressure on judicial
proceedings.This raised questions about the judiciary's ability to uphold the rule of law
impartially.
5.3.2. Key Changes:
5.3.2.1. Judicial Appointments:
The 18th amendment introduced reforms to the process of judicial appointments, aiming
to make it more transparent and merit-based. It established the Judicial Commission,
comprisingsenior judges and legal experts, to recommend appointments to the higher
judiciary.
5.3.2.2. Term Extensions:
The amendment abolished the practice of granting extensions to the tenures of judges
beyondtheir prescribed retirement age. This measure aimed to prevent the executive from
exerting undue influence by offering tenure extensions as a means of control.
5.3.2.3. Constitutional Safeguards:
The 18th amendment included provisions to protect the judiciary's independence by
prohibitingthe transfer of judges from one high court to another without their consent. It also
established mechanisms to safeguard judges against arbitrary removal or suspension.
5.3.3. Impacts:
5.3.3.1. Enhanced Confidence:
The reforms introduced by the 18th amendment have bolstered public confidence in the
judiciary by ensuring that judicial appointments are based on merit and integrity rather
thanpolitical considerations.
5.3.3.2. Strengthened Rule of Law:
Judicial independence is essential for upholding the rule of law and ensuring that all
individualsare treated fairly and impartially under the law. By safeguarding judicial
autonomy, the 18th amendment has contributed to strengthening the rule of law in
Pakistan.
 5.3.3.3. Reduced Executive Influence:

By eliminating the practice of granting tenure extensions andintroducing safeguards against

arbitrary transfers and removals, the 18th amendment has reduced the potential for executive
interference in judicial affairs.
5.3.4. Challenges:
Despite its positive impacts, ensuring full judicial independence remains a continuous
challenge.Efforts are needed to address systemic issues such as judicial backlog, resource
constraints, and the need for ongoing reforms to strengthen the judiciary's capacity and
effectiveness.
Conclusion:
The 18th amendment has played a significant role in improving judicial independence in
Pakistan by introducing reforms to enhance transparency, meritocracy, and constitutional
safeguards. These reforms have bolstered public confidence in the judiciary, strengthened the
rule of law, and reduced the potential for executive interference, thereby contributing to a
moreimpartial and effective judicial system
5.4. Enhanced Electoral Transparency:
The 18th amendment to Pakistan's constitution aimed to improve electoral
transparency, ensuring that elections are conducted fairly and openly, without interference
or manipulation.Here's a detailed note in simple English:
5.4.1. Background:
Prior to the 18th amendment, concerns existed regarding the transparency and integrity of
electoral processes in Pakistan, with allegations of electoral fraud and irregularities
underminingpublic trust in the electoral system.
5.4.2. Key Changes:
5.4.2.1. Appointment of Chief Election Commissioner:
The 18th amendment introduced reforms to the process of appointing the Chief
Election Commissioner (CEC) and members of the Election Commission of Pakistan (ECP). It
established abipartisan parliamentary committee responsible for nominating candidates
for these positions, promoting consensus and reducing the influence of political bias in the
selection process.
5.4.2.2. Term Limits and Independence:
The amendment imposed term limits on the tenure of the CEC and ECP members,
ensuring regular rotation and preventing the concentration of power in a single individual
or group. Additionally, it introduced safeguards to protect the independence of the ECP,
prohibiting itsdissolution during the term of the government.
5.4.2.3. Electoral Oversight:
The 18th amendment strengthened the ECP's role in overseeing electoral processes
and enforcing electoral laws. It empowered the ECP to take necessary measures to ensure
free, fair,and transparent elections, including the authority to disqualify candidates found
guilty of electoral offenses.
5.4.3. Impacts:
5.4.3.1. Increased Public Confidence:
The reforms introduced by the 18th amendment have enhanced public confidence in the
electoral process by promoting transparency, fairness, and impartiality. Voters are more
assuredthat their votes will be counted accurately and that electoral outcomes reflect the
will of the people.

5.4.3.2. Reduced Political Interference:

By establishing a bipartisan parliamentary committee for the appointment of the CEC

and ECP members and imposing term limits, the 18th amendment has reduced the
potential for politicalinterference in the electoral process, ensuring that electoral
institutions operate independently and impartially.
5.4.3.3. Improved Oversight and Accountability:
The amendment has strengthened the ECP's capacity to oversee electoral processes and
enforceelectoral laws, enabling it to hold candidates and political parties accountable for any
violations and irregularities.
5.4.4. Challenges:
While the 18th amendment has brought about significant improvements in electoral
transparency, challenges remain, including the need for continued efforts to strengthen
electoralinstitutions, enhance voter education, and address logistical and administrative
hurdles to ensure smooth electoral processes.
Conclusion:
The 18th amendment has played a crucial role in enhancing electoral transparency in
Pakistanby introducing reforms to promote fairness, impartiality, and accountability in the
electoral process. These reforms have increased public confidence, reduced political
interference, andimproved oversight, laying the foundation for more credible and
democratic elections in thecountry.
TH
6. RECOMMENDATIONS FOR 18 AMENDMENT:
There are following Recommendations:

1. Establish a permanent Constitutional Court to address constitutional disputes

and interpretthe amendment's provisions.

2. Develop a clear mechanism for resource distribution and authority sharing

between thefederal government and provinces.

3. Strengthen the parliamentary system, ensuring effective checks and balances on the executive.

4. Continue to reform the electoral process, ensuring free and fair elections.

5. Address the issues of provincial autonomy and federalism more comprehensively.

 6. Ensure effective implementation of the amendment's provisions, addressing
challenges anddisputes promptly.

7. Establish a permanent Constitutional Court to address constitutional disputes

and interpretthe amendment's provisions.

8. Develop a clear mechanism for resource distribution and authority sharing

between thefederal government and provinces.

9. Strengthen the parliamentary system, ensuring effective checks and balances on the executive.

10. Continue to reform the electoral process, ensuring free and fair elections.

11. Address the issues of provincial autonomy and federalism more comprehensively.

12. Ensure effective implementation of the amendment's provisions, addressing

challenges anddisputes promptly.

13. Promote political stability and consensus-building among political parties.

14. Enhance public awareness and understanding of the amendment's provisions and impact.

15. Encourage provinces to exercise their autonomy effectively, ensuring good

governance anddevelopment.

16. Regularly review and refine the amendment's provisions, addressing

emerging challengesand issues.

By implementing these recommendations, Pakistan can further strengthen its

democraticgovernance, provincial autonomy, and constitutional framework, ensuring a
more stable,prosperous, and democratic future.

7. SOLUTIONS AND SUGGESTIONS FOR THE 18THAMENDMENT OF PAKISTAN:

7.1. Political Consensus and Stability:

 Encourage political parties to work together and build consensus on key
issues.
 Establish a permanent constitutional court to resolve disputes and
interpret the amendment's provisions.
 Strengthen the parliamentary system, ensuring effective checks and
balances on the executive.
7.2. Provincial Autonomy and Federal-Provincial Relations:
 Ensure effective implementation of provincial autonomy provisions.
 Address disputes over resource distribution and authority sharing
through the Council of Common Interests.
 Encourage provinces to work together to address common
challenges and promote cooperation.

7.3. Judicial Independence and Reform

 Ensure the independence and impartiality of the judiciary.
 Strengthen the judicial commission to ensure a transparent
appointmentprocess
 Enhance the judiciary's role in protecting human rights and the rule of law.

7.4. Electoral Reform and Democracy

 Continue to reform the electoral process, ensuring free and fair elections.
 Strengthen the Election Commission of Pakistan to ensure
transparency and accountability.
 Promote political stability and consensus-building among political parties.

7.5. Resource Distribution and Economic Development

 Ensure a fair distribution of resources between the federal
government and provinces
 Encourage provinces to manage their resources effectively
and promote economic development
 Strengthen the National Finance Commission to ensure a fair
distribution of resources
7.6. Institutional Strengthening and Capacity Building:
 Strengthen key institutions, including the parliament, judiciary,
and election commission
 Build capacity and enhance the skills of institutional officials
 Encourage transparency and accountability in institutional functioning

7.7. Public Awareness and Education:

 Encourage public awareness and understanding of the amendment's
provisionsand impact.
 Educate citizens about their rights and responsibilities under the constitution.
 Promote civic engagement and participation in the democratic process.
7.8. Review and Refine the Amendment
 Regularly review and refine the amendment's provisions to
address emerging challenges and issues.
 Encourage public input and feedback on the amendment's implementation.
 Ensure the amendment remains a dynamic and effective tool for
promoting democracy and federalism in Pakistan.

8. REFRENCES:
 Introduction of 18th amendment: https://thevoice.pk/pakistan-
constitution-what- is-the-18th-amendment-and-its-impacts/
 Findings and Discussion: https://ipripak.org/wp-content/uploads/2020/07/Media-
 Coverage-18th-Amend-22-July-2020-ED-SSA_2.pdf
 Conclusion and significance:https://republicpolicy.com/the-
significance-of-the- 18th-amendment-for-the-federalism-and-
devolution/
 Constitution of Pakistan, 1973.
 Ahmed, I. (2018). The 18th Amendment: A Critical
Analysis. Pakistan Journal of LegalStudies, 1(1), 23-38.
 Cheema, A. (2014). The 18th Amendment and
Pakistan's Political Economy.Economic and Political
Weekly, 49(14), 41- 48.
 Hussain, I. (2016). Decentralization and
Governance in Pakistan: The 18thConstitutional
Amendment. South Asia Journal, 26(1), 89-106.
 Malik, M. A. (2012). The 18th Amendment to the
Constitution of Pakistan: A CriticalAnalysis. Journal of
Political Studies, 19(2), 45-60.

 Rehman, S. (2019). Federalism, Democracy, and the 18th Amendment

in Pakistan. Asian Survey, 59(3), 451-472.
END