Constitutional Engineering in Pakistan since 1973 to Date

Constitutional Amendments in Pakistan to date

1. First Amendment (May 4, 1974) – Defined Pakistan’s relationship with other states and addressed the status of minorities.
2. Second Amendment (September 7, 1974) – Declared Ahmadis as non-Muslims.
3. Third Amendment (February 18, 1975) – Extended the period of preventive detention.
4. Fourth Amendment (November 21, 1975) – Increased seats in the National Assembly for minorities.
5. Fifth Amendment (September 5, 1976) – Addressed judiciary powers and tenure of judges.
6. Sixth Amendment (December 22, 1976) – Extended the retirement age of judges.
7. Seventh Amendment (May 16, 1977) – Allowed the Prime Minister to seek a confidence vote through a referendum.
8. Eighth Amendment (November 11, 1985) – Gave the President the power to dissolve the National Assembly under Article 58(2)(b).
9. Ninth Amendment (July 17, 1986) – Attempted to implement Shariah as the supreme law.
10. Tenth Amendment (March 29, 1987) – Changed the duration of parliamentary sessions.
11. Eleventh Amendment (August 18, 1989) – Proposed but not enacted.
12. Twelfth Amendment (July 28, 1991) – Established special courts for speedy trials.
13. Thirteenth Amendment (April 3, 1997) – Removed the President’s power to dissolve the National Assembly.
14. Fourteenth Amendment (July 3, 1997) – Strengthened party discipline by preventing floor-crossing.
15. Fifteenth Amendment (October 1, 1998) – Proposed to implement complete Shariah law (not passed).
16. Sixteenth Amendment (July 5, 1999) – Modified the quota system in government jobs.
17. Seventeenth Amendment (December 31, 2003) – Restored the President’s power to dissolve the National Assembly.
18. Eighteenth Amendment (April 19, 2010) – Abolished Article 58(2)(b), strengthened parliamentary democracy, and renamed NWFP to Khyber Pakhtunkhwa.
19. Nineteenth Amendment (January 1, 2011) – Changed the procedure for appointing judges.
20. Twentieth Amendment (February 28, 2012) – Provided guidelines for forming a caretaker government.
21. Twenty-First Amendment (January 7, 2015) – Established military courts for terrorism cases.
22. Twenty-Second Amendment (June 8, 2016) – Changed the eligibility criteria for Election Commission members.
23. Twenty-Third Amendment (March 31, 2017) – Extended military courts for two more years.
24. Twenty-Fourth Amendment (December 22, 2017) – Addressed delimitation of constituencies.
25. Twenty-Fifth Amendment (May 31, 2018) – Merged FATA with Khyber Pakhtunkhwa.
26. Twenty-Sixth Amendment (October 21, 2024) –   In October 2024, Pakistan’s Parliament passed the 26th Constitutional Amendment, introducing significant changes to the judiciary’s structure and appointment processes. Key Provisions of the 26th Amendment:
    1. Judicial Appointments: The composition of the Judicial Commission of Pakistan (JCP) was altered to include members of the National Assembly and Senate, reducing the proportion of judges in the commission. This change allows for increased political influence in judicial appointments.
    2. Chief Justice Selection: A Special Parliamentary Committee now has the authority to nominate the Chief Justice of Pakistan from among the three most senior Supreme Court judges, replacing the previous seniority-based system.
    3. Constitutional Benches: The JCP has been granted the power to establish “constitutional benches” in the Supreme Court and High Courts, exclusively handling constitutional interpretation and fundamental rights cases. This raises concerns about potential biases in bench compositions.
    4. Judicial Removal Criteria: The amendment introduced “inefficiency” as a ground for the removal of judges, a term not clearly defined, potentially compromising judicial independence.

    Reactions and Criticisms:

    The amendment faced significant opposition:

    • International Concerns: The International Commission of Jurists criticized the amendment as a threat to judicial independence and the rule of law.
    • Domestic Opposition: Opposition parties and legal experts viewed the changes as an attempt to undermine the judiciary’s autonomy, especially given the swift and secretive manner of the amendment’s passage.
    • Appointment Controversy: The parliamentary panel’s selection of Justice Yahya Afridi, bypassing more senior judges, intensified debates about the amendment’s implications for judicial impartiality. This 26th Amendment represents a pivotal shift in Pakistan’s judicial landscape, with ongoing debates about its impact on the separation of powers and democratic governance.

     

Noshin Bashir

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📍 English Language Educator | Blogger & Content Strategist | 7+ Years in Educational Blogging

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