Extracts from the 18th amendment of Pakistan’s constitution in 2010 related to Pakistan’s national security state

The Constitution (Eighteenth Amendment) Act, 2010

ACT NO. X of 2010

(April 19, 2010)

An Act further to amend the Constitution of the Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

AND WHEREAS the people of Pakistan have relentlessly straggled for democracy and for attaining the ideals of a Federal, Islamic, democratic, parliamentary and modern progressive welfare State, wherein the rights of the citizens are secured and the Provinces have equitable share in the Federation;

AND WHEREAS it is necessary that the Legal Framework Order, 2002, as amended by the Chief Executive’s Order No. 29 and the Chief Executive’s Order No. 32 of 2002, be declared as having been made without lawful authority and of no legal effect, and the Constitution (Seventeenth Amendment) Act, 2003 (Act No. Ill of 2003), be repealed and the Constitution further amended to achieve the aforesaid objectives;

It is hereby enacted as follows:

  • 1. Short title and commencement.—( 1 ) This Act may be called the Constitution (Eighteenth Amendment) Act, 2010.
  • (2) It shall come into force at once, save as otherwise provided in this Act.
  • 2. Repeal, etc.- Subject to Article 264 and the provisions of the Constitution (Eighteenth Amendment) Act, 2010.
  • (a) the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002) and the Legal Framework (Second

Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002), are hereby declared to have been made without lawful authority and of no legal effect and. therefore, shall stand repealed; and

  • (b) the Constitution (Seventeenth Amendment) Act, 2003 (Act No. Ill of 2003), is hereby repealed.
  • 3. Amendment of Article 1 of the Constitution.—In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 1, in clause (2), in paragraph (a), for the word “Baluchistan” the word “Balochistan,” for the words “North West Frontier” the words "Khyber Pakhtunkhwa,” and for the word “Sind” the word “Sindh.” shall be substituted.
  • 4. Amendment of Article 6 of the Constitution.- In the Constitution, in Article 6, —
  • (1) for clause (1), the following shall be substituted, namely: —

“(1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

  • (ii) in clause (2), after the word “abetting” the word “or collaborating” shall be inserted; and
  • (iii) after clause (2) amended as aforesaid, the following new clause shall be inserted, namely:

“(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.”

5. Insertion of new Article in the Constitution.—In the Constitution, after Article 10, the following new Article shall be inserted, namely:—

“10A. Right to fair trial.—For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.”

6. Substitution of Article 17 of the Constitution.—In the Constitution, for Article 17, the following shall be substituted, namely:-

“17. Freedom of association. (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.

  • (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.
  • (3) Every political party shall account for the source of its funds in accordance with law.”
  • 7. Insertion of new Article in the Constitution.—In the Constitution, afterArticle 19, the following new Article shall be inserted, namely: —

“19A. Right to information.—Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.”

  • 8. Amendment of Article 25 of the Constitution.—In the Constitution, in Article 25, in clause (2), the word “alone” occurring at the end shall be omitted
  • 9. Insertion of new Article in the Constitution.—In the Constitution, afterArticle 25, the following new Article shall be inserted, namely:

“25A. Right to education.—The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.”

10. Amendment of Article 27 of the Constitution.—In the Constitution, in Article 27, in clause (1), in the second proviso, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely: —

“Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).”

  • 11. Amendment of Article 29 of the Constitution.—In the Constitution, in Article 29, in clause (3), for the word “the National Assembly” occurring for the first time the words and brackets, “each House of Majlis-e-Shoora (Parliament)” shall be substituted and after the word “National Assembly” occurring for the second time the words “and the Senate” shall be inserted.
  • 12. Amendment of Article 38 of the Constitution.—In the Constitution, in Article 38, —
  • (i) in paragraph (e), the word “and” at the end shall be omitted;
  • (ii) in paragraph (f), for the full stop at the end a semicolon and the word “;and” shall be added and after paragraph (f) amended as aforesaid, the following new paragraph shall be added, namely: —

“(g) ensure that the shares of the Provinces in all Federal services, including autonomous bodies and corporations established by, or under the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be rectified.”

  • 13. Amendment of Article 41 of the Constitution.—In the Constitution, in Article 41,-
  • (i) in clause (3), the words, brackets and figure “to be elected after the term specified in clause (7)" shall be omitted; and
  • (ii) clauses (7), (8) and (9) shall be omitted.
  • 14. Substitution of Article 46 of the Constitution.—In the Constitution, for Article 46, the following shall be substituted namely:

"46. President to be kept informed.- The Prime Minister shall keep the President informed on all matters of internal and foreign policy and on all legislative proposals the Federal Government intends to bring before Majlis-e-Shoora (Parliament).”

  • 15. Amendment of Article 48 of the Constitution.- In the Constitution, in Article 48,—
  • (i) In claused),—
  • (a) after the word “act” the words “on and” shall be inserted; and
  • (b) in the proviso, after the word “that” the words “within fifteen days” shall be inserted and after the word “shall” the commas and words “,within ten days,” shall be inserted; and
  • (ii) for clause (5) the following shall be substituted, namely: —

“(5) Where the President dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall, —

  • (a) appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the Assembly; and
  • (b) appoint a care-taker Cabinet.”
  • (iii) for clause (6) the following shall be substituted, namely: —

“(6). If at any time the Prime Minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the Majlis-e-Shoora (Parliament) and if it is approved in a joint sitting, the Prime Minister may cause such matter to be referred to a referendum in the form of a question that is capable of being answered .by either ‘Yes’ or ‘No.’”

16. Substitution of Article of the Constitution.—In the Constitution, for Article 58, the following shall be substituted, namely:—

“58. Dissolution of the National Assembly.—(1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.

Explanation.- Reference in this Article to ‘Prime Minister' shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the National

Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

  • (2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose.”
  • 90. Substitution of Article 243 in the Constitution.—In the Constitution, for Article 243, the following shall be substituted, namely:—

“243. Command of Armed Forces.—(1) The Federal Government shall have control and command of the Armed Forces.

  • (2) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.
  • (3) The President shall subject to law, have power —
  • (a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and
  • (b) to grant Commissions in such Forces.
  • (4) The President shall, on advice of the Prime Minister, appoint —
  • (c) the Chairman, Joint Chiefs of Staff Committee;
  • (d) the Chief of the Army Staff;
  • (e) the Chief of the Naval Staff; and
  • (f) the Chief of the Air Staff,

and shall also determine their salaries and allowances.”

Source: National Assembly of Pakistan, www.na.gov.pk/uploads/documents/130 2138356_934.pdf

 
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