th
The 18 Amendment in the 1973 Constitution ∗
Fakhr-ul-Islam
Abstract Comparing with the 37 year checkered constitutional history (1973 st 2010), the irst decade o 21 Century, !rought some hope or "akistan# $hat was adoption o 1%th Constitutional &mendment# 't was a damage-control eercise which was proposed !y an &ll "arty "arliamentary Committee (&""C)# $o what etent, the 1%th Constitutional &mendment restored the original constitution and what are its salient eatures, is the su!ect o this paper# *eects ound in the 1%th &mendment created a head on collision !etween "arliament and th udiciary# +oweer, these were su!seuently rectiied through the 19 &mendment passed ater ew months o the preious !ill#
Amendment, Parliamentary, Pakistan Keywords: Constitution, Amendment,
An Eventful ear: A !relude to "nanimous Amendment The year 2007 proved to be decisive in shapin up political and constitutional contours in Pakistan! "usharra#$s clash %ith &udiciary, assassination o# 'ena(ir 'hutto and atmosphere o# political conciliation in the parliament a#ter 200) election, paved the %ay #or unanimity on *)th Constitutional Amendment! +ike other dictators, eneral Perve( "usharra# %as scared o# &udiciary! e %anted to tame it so that he could smoothly implement his aenda! Apart #rom removin &udes o# superior courts on the prete.t o# not takin oath under his Provisional Constitutional /rder PC/1, he chaned eiht chie# &ustices durin *-2007!* 3evertheless 4ustice I#tikhar "uhammad Chaudhry, a hard nut, re#used to ive in! 4ustice I#tikhar had taken many sensitive cases #or hearin in the 5upreme Court! They included "issin Persons Case, Privati(ation o# 6arachi 5teel "ills case and Construction o# ol# Course at a children Park in Islamabad! /n the uestion o# missin persons there had been an unpleasant meetin bet%een 4ustice I#tikhar "uhammad Chaudhry and 8irector eneral Inter 5ervices Intellience I5I1!2 A#ter passin orders ∗
8r! Fakhr-ul-Islam, 8irector, Pakistan 5tudy Centre, 9niversity o# Pesha%ar! :mail; i#akhar
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
by the Chie# 4ustice in the above mentioned cases, the patience o# military dictator came to its brim! "oreover, "usharra# planned to contest election #or the post o# president, despite retainin army slot, and he #eared that i# that %as challened in 5upreme Court, Chie# 4ustice > miht disuali#y him! Accordinly "usharra# called 4ustice I#tikhar "uhammad Chaudhry to army headuarter in ?a%alpindi on th "arch 2007 and in the presence o# top army brass, asked him to tender resination! To their surprise, 4ustice I#tikhar "uhammad Chaudhry #latly re#used to oblie, resultantly he %as ordered not to move! e %as kept in custody till another senior &ude o# the 5upreme Court 4ustice 4aved Ibal %as appointed a ne% Chie# 4ustice! @ The ill-treatment meted out to 4ustice I#tikhar "uhammad Chaudhry resulted in %ide spread protest demonstrations #rom leal #raternity all over Pakistan! The moment %as iven the title o# &dliya .achao $ehreek "ovement #or protection o# 4udiciary1! The movement had t%o oals; i1 reinstatement o# 4ustice I#tikhar "uhammad Chaudhry ii1 restoration o# independence o# the &udiciary! The la%yers$ movement continued till restoration o# 4ustice I#tikhar "uhammad Chaudhry and other senior &udes! 'ena(ir 'hutto returned in the midst o# la%yers$ movement a#ter her sel#-imposed e.ile in /ctober 2007! er return added chare to political atmosphere in Pakistan! o%ever, she %as murdered in a bomb blast in ?a%alpindi on 27th 8ecember 2007! People$s Party supporters in Pakistan, in eneral, and in 5indh , in particular, stronly reacted to her assassination! Farahna( Is#ahani %rote that the 'ana(ir$s murder Bhas unleashed a %ave o# emotion throuhout the country The violent PPP %orkers in#licted heavy damaes on public properties!D o%ever, both, Asi# Ali Eardari her husband1 and son 'ila%al Eardari tried to cool do%n the %ide spread demonstrations! /n his party %ebsite, 'ila%al %rote; /or those in my country who would ind it easier to walk away rom democracy and seek reenge through iolence, ' urge you to remem!er my mothers words democracy is the sweetest reenge# $o plunge the country into more iolence and chaos, would only play into the hands o those who hope or democracys ailure# $he terrorists hae no use or democracy, and the current goernment ears i t# e must unite and 7 rise a!oe !oth4
Cashin on post-assassination emotions and sympathies, PPP baed *2@ seats in the house >@2, emerin biest party but still a%ay #rom simple ma&ority! 5he had to rely on coalition partners to #orm overnments in centre and provinces! The #ollo%in table sho%s results o# February 200) election;
$he *ialogue
*)7
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
Party Position in the 200) :lection
5ource &ssociated "ress o "akistan http66www#app#com#pk6election
The above table sho%s that althouh Pakistan People$s Party emered larest party %ith *2@ seats in 3ational Assembly, but it %as still @7 seats short o# simple ma&ority *7* seats1 reuired #or election o# 5peaker, 8eputy 5peaker and Prime "inster! 5o the only option open #or Co-Chairperson Asi# Ali Eardari %as to enter into alliance %ith various political #orces! The #irst to approach %as Pakistan "uslim +eaue 3a%a(1, the second larest party in 3ational Assembly %ith * members! +ater on, he %as able to muster support o# "", A3P and other political roups in the 3ational Assembly! Prime "inisterial candidate Gousa# ?a(a ilani #ielded by PPP %as unanimously elected! In #act that spirit o# unanimity #acilitated desirable chanes in the *7> constitution! !arliamentary Committee on Constitutional #eforms $!CC#% The task o# proposin amendments in the Constitution %as assined to the 27 member Parliamentary Committee on Constitutional ?e#orms PCC?1, led by "ian ?a(a ?abbani! The Committee proposed amendments in appro.imately 70 articles o# the Constitution! /n ma&ority o# amendments, the PCC? took unanimous decisions! o%ever, on renamin o# 3HFP and &udes appointment, there occurred a deadlock but that %as over come! /n "arch, >*, 20*0, the committee sined the dra#t! Federal "inister #or Hater and Po%er ?a&a Pervai( Ashra# %as the #irst one to sin the dra#t #ollo%ed by Pro#essor 6hursheed Ahmed 4amaat-e-Islami1, A#tab Ahmed 6han 5herpao PPP51, 5yed 3aveed amar, 8r 'abar A%an, a&i +ashkari ?aisani, PPP1
$he *ialogue
*))
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
Isha 8ar, 5ardar "ehtab Ahmed 6han Abbasi, Ahsan Ibal, Abdul ?a(a Taheem P"+ 31 Hasim 5a&&ad, 5 " Ea#ar, umayun 5ai#ullah P"-1, 8r Faroo 5attar, aider Abbass ?i(vi""1 , A#rasyab 6hattak, a&i "uhammad Adeel A3P1, ?ehmat9allah 6akar 49I1, 'aluch leaders "ir Israr 9llah Eehri, asil 'i(en&o Abdul ?ahim "andokhel and 5hahid 'uti, and last but not the least "unir 6han /rak(ai FATA1 %ith the Committee Chairman, ?a(a ?abbani puttin his sinature at the very end! ) 5ome #eatures o# the Act are discussed belo%; The 18th Amendment The *)th Amendment in the *7> constitution combines in itsel# almost *00 amendments and it has a##ected )> articles %hich are; *,D!*0,*7,*,2!27,2,>),@*,@D,@),*,),D2,D>,70,7*,7>,7,),0,*,2, ,*00,*0*,*0@,*0,**2,**D,*22,*2,*>0,*>*,*>2,*>,*@0,*@2,*@>,*@@, *@7,*@,*>,*@,*,*D,*7,*D0,*D7,*D),*70,*7*,*72,*7,*77,*>,* @,*),*,200,20>,20,2*>,2*,2*D,2*),2*,22*,22@,22D,22),2>2,2>>,2 >@,2@2,2@>,2@D,2D0,2D7,2D),2D,270 The *)th Amendment has almost undone the impacts o# the )th Amendment enacted by en! Eia ul a1 %hich had altered over 0 Articles o# the Constitution, and the *7th Amendment enacted by en! Perve( "usharra#1 %hich had altered 2D Articles o# the Constitution The ne% name o# the 3HFP is to be 6hyber-Pakhtunk%a! The P"+-3 %hich had lon held out on this issue #inally areed to this name chane! 5imilarly, spellins o# names o# t%o other provinces %ere chaned #rom B'aluchistan to B'alochestan and B5ind to B5indh! 3o e.planation %as made public as to %hat di##erence those spellin chanes %ould make o%ever, 5indhi and 'alochi members o# Parliamentary Committee on Constitutional ?e#orms PCC?1 opined that the #ormer spellins %ere leacy o# 'ritish imperialism!*0 Article D o# the *7> Constitution provides #or punishment o# person #ound uilty o# ih Treason! As a result o# the *)th Amendment, this article has been chaned considerably! A ne% clause D2A1 has been added %hich reads that an act o# hih treason mentioned in Article D shall not be validated by any court includin 5upreme Court and a ih Court! He have noticed in the case o# all military take-overs in Pakistan that abroationJsuspension o# constitutions and imposition o# military la%s have been validated by the superior &udiciary and subseuent indemnity by the post-martial +a% assemblies! ope#ully the ne% clause added to Article D %ill play the role o# deterrence #or the &udiciary in the days to come! ** In the Fundamental ?ihts and Principles o# Policy chapters, #e% ood thins have been added! In order to uarantee the riht o# every
$he *ialogue
*)
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
citi(en o# Pakistan to en&oy #air trial and have an access to in#ormation in all matters o# public importance, a ne% articles *0 A and *A have been inserted! "oreover, another ne% Article 2-A has been added to the same chapter %hich provides #or #ree and compulsory education to all children o# the ae #ive to si.teen years! In order to remove disparities in services to people o# di##erent areas, a proviso %as added to article 27! As per article 2, the report o# Principles o# Policy %ill no% be discussed in 5enate as %ell! Previously it %as discussed in 3ational Assembly only! Throuh addition o# a ne% pararaph to article >) o# Principles o# Policy, disparities reardin share o# provinces in various services have *2 been removed! The #amed article ) 21 b1, %hich had #irst been inserted into the Constitution by en! Eia ul a, allo%ed the President to dissolve Parliament, and %hich %as re-enacted by en! Perve( "usharra#, has *> been removed #rom the Constitution th /ne o# the sini#icant chanes introduced throuh the *) Amendment %as the one incorporated in Article *7! Previously only 5upreme Court o# Pakistan and #our provincial ih Courts %ere mentioned in clause *1 o# that article! 3o% Islamabad ih Court has also been added! 5imilarly, the old practice %as that President used to appoint &udes o# 5upreme Court and ih Courts in consultation %ith Chie# 4ustice but no% the same #unction %ill be per#ormed by a 4udicial Commission and a Parliamentary Committee! *@ A ne% article *7A %as added to the Constitution %hich provided #or 4udicial Commission and a Parliamentary Committee! For appointment o# &udes to the 5upreme Court, the 7-member commission is to be consisted o# Chie# 4ustice o# Pakistan as its chairman, t%o most senior &udes o# 5upreme Court, a #ormer Chie# 4ustice or a #ormer &ude o# 5upreme Court, Federal +a% "inister, Attorney eneral o# Pakistan, and a senior Advocate o# 5upreme Court nominated by Pakistan 'ar Council, as members! For the ih Courts, the above commission shall also include #our more members i!e! Chie# 4ustice o# the concerned ih Court, a most senior &ude o# the ih Court concerned, provincial +a% "inister and a senior advocate to be nominated by the provincial 'ar Council!* For appointment o# &udes to Islamabad ih Court, the 4udicial Commission %ill also include Chie# 4ustice and the most senior &ude o# that court! Finally, #or appointment o# &udes to Federal 5hariat Court, the commission shall also include the Chie# 4ustice and most senior &ude o# that court! *D As #or as Parliamentary Committee #or appointment o# &udes is concerned, it shall consist o# eiht membersK #our each #rom the 5enate and the 3ational Assembly! /# the )-member Committee, @ each shall be #rom treasury and opposition benches to be nominated by leaders o# the
$he *ialogue
*0
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
ouse and the opposition respectively! The chain o# communication has been set as the commission %ill send nominations to the Parliamentary Committee, %hich shall con#irm these nominations by simple ma&ority %ithin *@ days! The Committee may also re&ect nominations comin #rom the Commission %ith three-#ourth ma&ority thereby askin the commission to send ne% nominations! The Parliamentary Committee %ill #or%ard list o# con#irmed nominations to the President o# Pakistan #or appointment!*7 The Act ensured Provincial autonomy! The #ollo%in articles %ere either partially or #ully altered! 70, *@2, *@>, *@@, *@, *7, *D0, *D*, *D7, *72, 2>2, 2>>, 2>@!The issues included production o# electricityK 3ational Finance Commission a##airsK natural asK borro%in o# provincesK emerency provisions and leislative po%ers! *)The most important chane %as Article *@2b1 and c1 ive riht to provincial assemblies to make la%s %ith respect to criminal la%, criminal procedure and evidence! 5imilarly Article 270AA provides that all e.istin la%s %ill remain in #orce unless provincial assemblies replace them by ne% la%s!* Another land mark #eature o# the *)th amendment is the restoration o# parliamentary #orm o# overnment! In this connection articles; @D, @), 7, 0, *, , *0*, *0, **D, *2, *>0, *>*, *>, 2>* and 2@> ot a##ected!20 The areas %here o# more po%ers %ere iven to parliament, provincial assemblies and Prime "inister included; duties o# Prime "inister to PresidentK holdin o# re#erendumK Assent to bills by president and overnorsK status o# Prime "inister as Chie# :.ecutive, :lection o# Prime "inister by 3A, Conduct o# 'usiness, appointment o# provincial overnors, provincial cabinets, e.ecutive authority o# provinces, election o# chie# ministers, duties o# chie# ministers to overnors, provincial overnments$ conduct o# business and appointment o# services chie#s!2* o% #ar the o##ice o# Prime "inister or institution o# parliament have been strenthened is evident #rom these #acts! Previously as per article @D, the Prime "inister %as bound to in#orm President o# all decisions taken in cabinet and the President could ask #or reconsideration o# certain decisions! 3evertheless a#ter the amendment the po%er o# reconsideration by the president lapsed! Article @) empo%ered only President to hold re#erendum on issues o# national importance! A#ter amendment, no% the Prime "inister %ill consult &oint sittin o# parliament to hold re#erendum!22 The Act Bpured the name o# en! Eia-ul-a as President #rom the Constitution
$he *ialogue
**
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
The 19th Amendment The *th Amendment %as incorporated in the constitution in a uick succession a#ter the *)th Amendment! It %as passed by 3ational Assembly on 22nd 8ecember 20*02>! In #act the * th amendment %as a th recti#ication o# the previous i!e! *) amendment act! 5ome parts o# Constitutional :ihteenth Amendment1 Act, 20*0, %ere challened in the 5upreme Court o# Pakistan! /# them Article *7A reardin appointment o# &udes %as sini#icant! 2@ The *7-&ude bench o# the 5C, headed by the Chie# 4ustice o# Pakistan I#tikhar "uhammad Chaudhry returned to the parliament %ith reservations, recommendations and observations the ne% procedure o# appointment o# superior &udes #or 5upreme Court, Federal 5hariah Court and ih Courts!! :arlier the Court e.pressed reservations e.pressed reardin constitution o# the 7member 4udicial Commission durin hearin o# the petitions challenin some provisions o# the *)th amendment particularly in re#erence to the 2 appointment o# &udes o# superior courts! th In the post *) amendment constitution, article *7A provided #or the 4udicial Commission headed by Chie# 4ustice o# Pakistan! It consisted o# members such as; t%o senior most &udes o# the ape. court, a retired &ude o# 5C, Attorney eneral o# Pakistan, Federal +a% 2D "inister and a senior la%yer nominated by Pakistan 'ar Council! The court ob&ected to makin administration as part o# the commission and ivin parliamentary committee veto po%er on recommendations o# 4udicial Commission27 The 5upreme Court vide Paras 7 and *> o# the a#oresaid /rder made a re#erence to the Parliament #or re-consideration o# the provisions o# Article *7A in the liht o# the observations made in the above order!2) As such, the *th Amendment 'ill ave e##ect to certain amendments in the Constitution a#ter ivin consideration to the observations o# the 5upreme Court! As a result o# *th Amendment Act, a total o# 2D amendments have been #itted into si. 2 Articles i!e! )*, *7, *7A, *)2! 2*> and 2@D 5alient #eatures o# the Act are iven belo%; In order to include &udes o# the ne%ly established Islamabad • ih Court in the list o# those %ho %ill et remunerations #rom the Federal Consolidated Fund, amendment %ere incorporated in Article )* o# the Constitution! 5imilarly #or charin administrative e.penditure o# Islamabad ih Court, pararaph >0 b1 o# article )* %as amended accordinly! /nce aain Islamabad ih Court %as inserted in article *7! • Thus it %as decided that in the Constitution, Article *7, #or the :.planation the #ollo%in shall be substituted, namely, :.planation! 9nless the conte.t other%ise reuires, the %ords
$he *ialogue
*2
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
•
•
•
Lih Court$ %herever occurrin in the Constitution shall include LIslamabad ih Court$>* The most important aspect o# the * th amendment %as incorporatin chanes in the Article *7Ao# the constitution! They %ere; a1 in clause 21, in pararaph ii1 and in pararaph iii1, #or the %ord Lt%o$ the %ord L#our$ shall be substituted! It is th a part o# the * Amendment %here the parliament #ully implemented the /ctober 20*0 directives o# the 5upreme Court by doublin the number o# &udes in the commission! 3eedless to say, the Chie# 4ustice, in addition to the #our &udes, %ill be >2 part o# the commission! 5imilarly in pararaph iv1 o# clause 1, * years leal practice in a ih Court has been made mandatory #or the member o# commission comin #rom la%yers$ community! 9nder *) Amendment, only nomination by the concerned 'ar Council %as reuired! >> As per routine, 3ational Assembly may be dissolved either completin its term or other%ise %hile 5enate is a permanent th body! In the *) Amendment, it %as not speci#ied as %hat %ould be the #ate o# Parliamentary Committee #or appointment o# &udes %hen such an eventuality occurs! For this purpose additional %ordin %as aMinserted in the proviso o# clause 1 as #ollo%s; /"roided that when the ational &ssem!ly is dissoled, the total mem!ership o the "arliamentary Committee shall consist o the mem!ers rom the 5enate only mentioned in paragraph (i) and the proisions o this &rticle shall, mutatis 38 mutandis, apply#4
•
•
•
9nlike the *)th Amendment, no% re&ection o# 4udicial Commission$s nomination o# &udes by the Parliamentary Committee %ill reuire t%o thins a1 ?ecordin o# reasons b1 three-#ourth ma&ority o# committee$s total membership, #or this purpose provisions o# clause *21 o# Article *7 %ere amendedJsubstituted!> For clause *>1, the substitution %as that the Committee shall send the name o# the nominee con#irmed by it or deemed to have been con#irmed to the Prime "inister %ho shall #or%ard the >D same to the President #or appointment! As #ar as brinin conduct o# &udes under discussion in leislature is concerned, Article D) o# the constitution puts bar on it! o%ever in the * th Amendment clause *D1 %as added
$he *ialogue
*>
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
•
•
•
%hich states that the provisions o# Article D) shall not apply to the proceedins o# the Committee!>7 For the appointment o# Ad hoc &udes in the 5upreme Court, Article *)2 o# the Constitution %as amended! 3o% appointment o# those &udes %ill be possible #or Chie# 4ustice o# Pakistan only a#ter consultation %ith the 4udicial Commission as >) provided in clause 21 o# Article *7A! Article 2*> o# the constitution speci#ies number o# members o# Parliamentary Committee #or appointment o# &udes! 5o a#ter the *th amendment, in Article 2*>, in clause 2'1, i1 #or the second proviso, these %ords shall be substituted, BProvided #urther that the total strenth o# the Parliamentary Committee shall be t%elve > members out o# %hich one-third shall be #rom the 5enate! and ii1 in the third proviso, #or the %ords BParliamentary Committee shall comprise the %ords Btotal membership o# the Parliamentary Committee shall consist o# shall be substituted!@0 Article 2@D o# the Constitution ives details o# the Tribal Areas o# Pakistan! A#ter the * th amendment, in pararaph a1, sub pararaphs iii1 and iv1 %ere omitted and in pararaph c1 a#ter sub-pararaph iii1 the ne% sub-pararaph containin %ords BTribal Areas ad&oinin +akki "ar%at district %ere inserted! 5imilarly a#ter sub-pararaph iv1 the ne% sub-pararaph containin %ords BTribal Areas ad&oinin Tank districtK %ere inserted! @*
As mentioned earlier, the *th Amendment %as a positive response to the directives o# 5upreme Court %hich %ere conveyed to the Parliament in the /ctober 20*0 interim order! The *00N increase in the number o# &udes in the 4udicial Commission %as a leap #or%ard! o%ever, the *th Amendment did not accommodate another important observation o# the 5upreme Court reardin appointment o# &udes! The Court had desired in /ctober 20*0 /rder that in case the Parliamentary Committee re&ects nomination o# a &ude, then that re&ection should be put to &udicial revie% but the amendment inored the same! Another po%er taken a%ay #rom the Chie# 4ustice %as that approval o# 4udicial Commission %as made mandatory #or appointment o# ad hoc &udes! Conclusion ?ules, reulations and constitutional provisions are mechanical in nature %hile societies are oranic! There#ore rules and statues are chaned o## and on so that these are ad&usted to the needs o# a society! o%ever, in the case o# Pakistan, the successive rulers, %hether dictators or
$he *ialogue
*@
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
democrats, incorporated amendments in constitution to serve their personal interests! The case o# *)th Amendment is di##erent #rom previous amendments in the sense that it %as introduced throuh all partisan approach! The PPP-led Federal overnment durin 200)-20*> miht have not per#ormed %ell in other #ields but on parliamentary sector, it achieved a landmark by adoptin the *)th Amendment bill unanimously! In the #oreoin paes, main #eatures o# the *) th Amendment have been taken to account! A#ter adoption o# *)th Amendment, a serious ri#t emered bet%een &udiciary and Parliament on the uestion o# &udes$ appointment procedure! 3evertheless both the orans o# overnment %isely resolved the issue %hich resulted in incorporation o# * th Amendment in the constitution! ope#ully, uaranteein provincial autonomy and shi#tin o# po%er balance to parliament and elected Prime "inister %ill usher ne% democratic era in Pakistan! The hanin s%ord o# Article )21 b1 %as removed %hich, toether %ith other #actors, enabled the elected overnment to complete its term in 20*>! The hitherto toothless :lection Commission asserted itsel# and touh code o# conduct %as applied to intendin candidates in the "ay 20*> eneral election! The appointment o# care taker overnments in centre and provinces %as e.actly on the pattern suested by the *)th Amendment! In short, the adoption o# *)th Amendment %ill be remembered as a reat occasion in the political and constitutional history o# Pakistan
$he *ialogue
*
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
&otes ' #eferences *
5ada# "uhib, BThe "yth o# 4udicial Independence in Pakistan , "A thesis, Pakistan 5tudy Centre 9niversity o# Pesha%ar, 200D-200)1, * 2 "uhammad Aslam +odhi, &dlia i &:adi +aeeat ya hwa!; 9rdu1 +ahore; Tahir 5ons, 20071, *D > 5ada# "uhib, BThe "yth o# 4udicial Independence in Pakistan, loc!cit!, > @ Hakeel An&um, 5ach ka soora, 9rdu1 +ahore; Takhleeat-e-+ahore, nd1, 7) th Ohttp;JJen!%ikipedia!orJ%ikiJ+a%yersN27"ovement Q accessed on ) "ay 20*>1 D Farahna( Is#ahani , BThe Impact o# 'huttos in the 4aved +ehari, 7 7 Ohttp;JJ%%%!s(abist!edu!pkJPublicationsJ'ooksJ?e#lectionsN20onN20"''!pd#Q th accessed on ) "ay 20*>1 ) $he *aily ews, Islamabad, April *, 20*01 "ian ?a(a ?abbani, A .iography o "akistani ederalism =nity in *iersity, Islamabad; +eo books, 20*21, *>7-27D! *0 ibid!, 270 ** !"! Chishty, >cellent on $he Constitution o ' slamic ibid!, 7) *@ "ian Abdul ha#oor, $he Constitution o 'slamic The 8aily .alochistan $imes, uetta, 2>-*2-20*0 2@ The 8aily 5tatesman Pesha%ar, 2>-*2-20*0 2 The 8aily rontier "ost Pesha%ar, 22 nd /ctober, 20*0 2D ibid 27 4udment o# the 5upreme Court o# Pakistan on *) th Amendment, available at; Ohttp;JJ%%%!supremecourt!ov!pkJ%ebJuser#ilesJFileJ*)TA":38":3T /?8:?!pd#Q accessed on "ay, *, 20*>1 2) ibid! 2 Eaka Ali, The Constitution o# Islamic ?epublic o# Pakistan +ahore; Ideal Publishers, 20*>1, 2)D >0 3a#eer Ahmad "alik, $he Constitution o 'slamic
$he *ialogue
*D
=olume =III 3umber 2
Fakhr-ul-Islam
The 18th Amendment in the 1973 Constitution
>*
ibid! "ian Abdul ha#oor, op!cit!,p!*2* >> Ibid! >@ Ibid! > Eaka Ali, op!cit!, p! >0* >D Ibid!, p! >** >7 http;JJ%%%!pakistani!orJpakistanJconstitutionJpart7!ch2!html accessed on *0th "ay 20*>1 >) Ibid! > Ibid! @0 Eaka Ali, op!cit!, p! >D7 @* http;JJ%%%!pakistani!orJpakistanJconstitutionJpart7!ch2!html accessed on *7th "ay 20*>1 >2
$he *ialogue
*7
=olume =III 3umber 2
