by Muhammad Mohsin Iqbal

In a parliamentary form of government, the Constitution serves as the cornerstone that defines the structure, powers, and limitations of the state. It ensures the separation of powers between the executive, legislative, and judiciary, providing a system of checks and balances to prevent any branch from overpowering the others. A constitution also safeguards the rights and freedoms of citizens, guaranteeing that governance remains accountable and democratic. In the context of parliamentary democracy, the constitution outlines the role of the elected representatives, ensuring that the government’s legitimacy stems from the will of the people. It is essential for maintaining order, stability, and justice, as it provides a framework for the peaceful transfer of power, the rule of law, and the protection of minority rights, ultimately strengthening the democratic process.

The 1973 Constitution of Pakistan stands as a landmark in the country’s political, parliamentary and legal history, symbolizing the aspirations of a democratic republic. However, over the decades, it has undergone significant changes to adapt to shifting political landscapes. The Constitution has been amended 26 times since its adoption, each amendment reflecting the prevailing political circumstances and the interests of various actors. A deep dive into these amendments reveals the motivations behind them, the figures involved, and the beneficiaries.

The First Amendment was enacted on May 4, 1974, during the tenure of Zulfikar Ali Bhutto. It expanded the scope of Articles 1, 8, 17, 61, 101, 127, 193, 199, 200, 209, 212, 250, 259, 260, and 272 concerning political parties, restricting their activities mainly to prevent foreign influence alignments. Introduced as a protection against internal and external destabilization in a time of political turbulence, the amendment redefined Pakistan’s boundaries and eliminated references to East Pakistan.

The Second Amendment was passed on September 17, 1974, expanding the scope of Articles 106 and 260, defining a Muslim, and designating Ahmadis as a minority and ‘non-Muslim’. The Third Amendment, introduced under Bhutto’s leadership on February 18, 1975, broadened the scope of Articles 10 and 232, and increased the period of preventive detention without trial from two to three months. The Fourth Amendment, enacted on November 21, 1975, widened the scope of Articles 8, 17, 19, 51, 54, 106, 199, 271, 272, and 273, allocated additional seats for minorities, and removed the judiciary’s power to grant bail to anyone held under preventive detention.

The Fifth Amendment, enacted on September 5, 1976, expanded the provisions of Articles 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 106, 212, 260, and 280, and increased the restrictions on the High Courts. The Sixth Amendment, passed on December 22, 1976, broadened the scope of Articles 179, 195, 246, and 260, and stipulated that the Chief Justice of the Supreme Court would retire at the age of 65, while High Court judges would retire at 62.

Following Bhutto’s removal, the Seventh Amendment was enacted on May 16, 1977, introducing provisions for a national referendum to affirm the government’s policies. It expanded the scope of Article 101, 245, and added Article 96A. The most significant and contentious amendments occurred during General Zia-ul-Haq’s tenure. The Eighth Amendment, passed on November 11, 1985, drastically changed the Constitution’s structure by bestowing extensive powers upon the President, including the authority to dissolve the National Assembly. Enacted under Zia’s martial law, it tipped the balance of power towards the President and diminished the role of Parliament. It broadened the scope of Articles 48, 51, 56, 58, 59, 60, 75, 90, 91, 101, 105, 106, 112, 116, 130, 144, 152, and 270.

The Ninth Amendment, proposing the imposition of Shariah law as the supreme law of the land, was passed by the Senate but failed to pass in the National Assembly due to its dissolution. This bill sought to expand the scope of Articles 2 and 203. Conversely, the Tenth Amendment, which was enacted on March 25, 1987, dealt with procedural aspects concerning the length of parliamentary sessions, specifically setting the maximum interval between National Assembly sessions at 130 days, thereby broadening the scope of Articles 54 and 61.

The Eleventh Amendment, enacted on August 28, 1989, during Benazir Bhutto’s tenure, aimed to reestablish parliamentary dominance by limiting the President’s powers. However, it did not significantly change the political dynamics. The Twelfth Amendment, introduced on July 28, 1991, created special courts for terrorism and severe crimes. The Thirteenth and Fourteenth Amendments, passed on April 4 and July 3, 1997, respectively, under Nawaz Sharif’s administration, played a pivotal role in reducing presidential authority. The Thirteenth Amendment revoked the President’s authority to dissolve the National Assembly, reinforcing parliamentary sovereignty. The Fourteenth Amendment bolstered political parties by mandating party discipline and restricting defections, thereby tightening party leaders’ grip on their members. The Fifteenth Amendment, proposed on August 28, 1998, aimed to establish Shariah law as the land’s supreme law but was not enacted. The Sixteenth Amendment extended the duration of the quota system stipulated in the 1973 Constitution from 20 to 40 years.

General Pervez Musharraf’s regime also witnessed substantial amendments, with the Seventeenth Amendment passed on December 31, 2003, which restored the President’s power to dissolve the National Assembly, undoing Nawaz Sharif’s efforts. It reflected the military’s dominance over civilian institutions and reinstated a semi-presidential system.

The Eighteenth Amendment, enacted on April 19, 2010, during the Pakistan People’s Party (PPP) tenure, marked a significant milestone in Pakistan’s constitutional journey. It overturned numerous alterations imposed by military regimes, reinstated parliamentary supremacy, and transferred considerable authority to the provincial governments. This amendment was a move toward fortifying democracy and addressing local concerns, thus serving the populace by fostering federalism and diminishing central control. Subsequently, the Nineteenth Amendment on January 1, 2011, focused on judicial reforms, while the Twentieth Amendment on February 28, 2012, concentrated on guaranteeing free and impartial elections. Together, these amendments signified the democratic government’s commitment to reinforcing the institutional framework for a more open and accountable political system.

In the aftermath of APS Peshawar Attack, Military Courts were established for speedy trials of terrorists and their sponsors under Twenty-first Amendments on 7 January 2015. In Twenty-second Amendments, ECP powers deputed to Chief Election Commissioner on 8 June 2016. The 23rd Amendment was passed to re-establish the military courts for further two years till 6 January 2019.[3] In 2015, National Assembly passed the 21st Amendment and created the military courts for the period of 2 years. The period of two years was expired on 6 January 2017 hence this 23rd Amendment was passed to re-establish the military courts for further two years till 6 January 2019. At the end of this period all the amendments will be expired/removed automatically.

The Twenty-fourth Amendment, enacted on 22 December 2017, reallocated National Assembly seats among federating units and permitted election authorities to revise constituency boundaries based on the provisional outcomes of the 2017 Census of Pakistan. Subsequently, the Twenty-fifth Amendment, on 31 May 2018, integrated the Federally Administered Tribal Areas into Khyber Pakhtunkhwa.

On October 20, 2024, Pakistan’s Senate and National Assembly passed a significant 26th Constitutional Amendment, aimed at enhancing the governance structure and addressing key political reforms. This amendment focuses on strengthening democratic institutions by introducing measures to ensure greater accountability, transparency, and efficiency within the government. It includes provisions for judicial reforms, strengthening the role of the Election Commission, and increasing parliamentary oversight over executive actions. Additionally, the amendment tackles the issue of decentralization by granting more autonomy to provincial governments, ensuring a more balanced distribution of power. This landmark amendment reflects Pakistan’s commitment to evolving its constitutional framework in response to the changing political and social landscape.

A comparative analysis of these amendments reveals a clear divide. Amendments during democratic regimes, have focused more on governance, devolution of power, and judicial reforms, with the potential to improve public services and accountability. On the other hand, amendments under dictators’ rule were primarily about entrenching power in the executive branch, offering little to the public in terms of improved services or democratic participation.

In summary, the 26 Amendments to Pakistan’s 1973 Constitution reflect the nation’s struggle with its identity, governance, and the tension between democratic and authoritarian impulses. While some amendments have been pivotal for political stability or national security, others have aimed at power consolidation or addressing immediate political crises. Often, the ruling elite have been the primary beneficiaries of these amendments, but recent changes have begun to more directly meet the populace’s needs. The ongoing challenge is to ensure that future amendments prioritize the public interest, fortify democratic institutions, and foster equitable development throughout the nation. This is essential for the Constitution to truly act as the cornerstone of a fair and democratic governance system.

ISLAMABAD, OCT 23 /DNA/ – President Asif Ali Zardari has strongly condemned the terrorist attack in Ankara, which resulted in the tragic loss of lives. He extended his deepest condolences and expressed solidarity with the government and people of Turkiye during this hour of grief.

The President said that Pakistan stood in full solidarity with the Turkish brothers and sisters in this difficult time. “We extend our deepest condolences to the families of those who have lost their lives in this cowardly attack, and we pray for the swift recovery of the injured”, he added.

The President remarked that terrorism in all its forms and manifestations was a global menace and Pakistan, having endured the scourge of terrorism, understood the pain and suffering caused by such brutal acts. He emphasized that terrorists were enemies of peace and humanity, reiterating the need for united efforts by the international community to eradicate the scourge of terrorism and ensure a secure future for all nations.

ISLAMABAD, OCT 23 /DNA/ – Finance Minister Muhammad Aurangzeb attended the meeting of the Managing Director of the IMF with Finance Ministers, Central Bank Governors, and Heads of Regional Financial Institutions of the MENAP region.

In his intervention, he emphasized the need for the IMF to embed social protection measures in its lending frameworks.

The Finance Minister urged the Fund to focus on enhancing climate resilience financing and to continue expanding debt relief and concessional financing mechanisms to support vulnerable nations.

He welcomed the incorporation of emerging challenges such as climate-related risks, domestic public debt, and complex debt restructuring scenarios in the review of the Low-Income Countries Debt Sustainability Framework (LIC-DSF).

ISLAMABAD, OCT 23 /DNA/ – Addressing a vibrant audience of women from 130 districts representing four provinces and regions of Gilgit-Baltistan and AJK at the 17th Annual Rural Women Leadership Training Conference organized by PODA, Dr. Shahida Rehmani, Chairperson of the Women Parliamentary Caucus, said, “No one except women understands their own issues and the solutions to those issues.” She said that she will raise the proposal to declare October 15th as ‘National Rural Women’s Day’ at the policy-making level on all available platforms.”

At the Rural Women Conference, approximately 1,500 participants from 130 districts, representing 150 community-based organizations, came together to amplify a collective voice addressing core issues, including the alarming rates of gender-based violence and online and workplace sexual harassment. The speakers and rural women leaders unanimously advocated for the right to education, specifically Article 25-A of the Constitution, which guarantees education for children aged 5 to 16 years, viewing it as a vital safeguard against gender-based violence.

The women leaders also called for declaring “agriculture fields as workplaces,” a step that would reduce discrimination against women farmers and enable them to receive their fair share of government policies and services, such as loan

During the session, the Deputy Speaker of the Balochistan Assembly, Ghazala Gola, shared her experience from Sohbatpur district, where women often lack individual status or identity. She informed the rural women leaders that her party is drafting a bill in the provincial assembly to raise the minimum marriage age for girls from 16 to 18.

The first main strategy session focused on “Women’s Rights Commitments in Political Parties’ Manifestos 2024: Joint Review for Future Actions by Rural Women and Parliamentarians.” Women politicians and members of parliament from PPP, ANP, PML-N, JWP, and JI spoke on the subject, supporting the idea of women’s empowerment. Senior parliamentarian and PPP Senator Farhatullah Babar referred to the rural women leadership conference as a significant intellectual forum, urging that the thoughts and recommendations shared should not be neglected. He noted that this platform has amplified the voices of rural women and young girls.

Women political workers from various parties called for immediate local government elections and for these local bodies to become fully functional and operational. They demanded representation in local bodies in line with their population proportions. Additionally, they highlighted gender discrimination and expressed the belief that eliminating such discrimination would bolster government efforts to combat religious extremism and improve the socio-economic status of women in the country.

During the second strategy session of the day, titled “Legislation for 18 Years as Minimum Age of Marriage for Girls in Pakistan: Challenges and Opportunities,” the Norwegian Ambassador to Pakistan, H.E. Pur Albert Ilsaas, addressed the women participants. He noted the upbeat mood of the conference, contrasting it with his usual experiences as a foreign diplomat in Islamabad, where he rarely sees women represented. He emphasized that the atmosphere at the conference was quite different.

While discussing Pakistan’s challenges, he stated that increased women’s empowerment and participation in society could help resolve many of these issues more effectively. The ambassador highlighted his embassy and government’s collaboration with PODA on a program aimed at reducing early marriages and ensuring the right to sexual and reproductive health (SRHR). He stressed that this collaboration reflects his government’s seriousness and commitment to the progress of Pakistan and women’s rights in particular.

Advocate Khawaja Zahid Nasim provided an overview of the provincial laws on child marriage, identifying gaps in the current Child Marriage Restraint Act of 1929. Advocate Noureen Mumtaz Chattha presented the Islamic perspective supporting the legal amendment to raise the minimum age of marriage for girls to 18 years, particularly in Punjab.

A large number of women leaders raised their voices and articulated their concerns and demands during the sessions, advocating strongly for the rights of the girl child. A delegation of students representing Girls Guides-Pakistan also participated in the conference and expressed their appreciation for the role of PODA in working to protect the rights of girls through its efforts across the country.

The European Union Delegation to Pakistan, the Norwegian Embassy in Islamabad, Care, Strengthening Participatory Organization, National Endowment for Democracy, SPARC, and CABI supported the three-day conference in Islamabad.

ISLAMABAD, OCT 23 /DNA/ – Pakistan must adopt a strategic shift in social protection policies to tackle poverty and unemployment, with a sustained and responsive 8% economic growth rate over 8-10 years identified as essential to generating sufficient job opportunities.

Achieving this requires a growth-oriented, inclusive, and data-driven approach, alongside comprehensive structural reforms. Key measures include decentralizing program management and prioritizing human capital development to transform social safety efforts into sustainable economic progress.

This was discussed during an interactive session on “Poverty Alleviation in Pakistan: Examining the Concept and Performance of BISP” held at the Institute of Policy Studies (IPS), Islamabad. The event, chaired by Dr Ghulam Muhammad Arif, former dean, Pakistan Institute of Development Economics (PIDE), featured insights from Dr Shujaat Farooq, chief of research, PIDE, Khalid Rahman, chairman, IPS, and other experts.

The session critically examined the current state of poverty alleviation efforts in Pakistan, with a focus on the Benazir Income Support Programme (BISP), its effectiveness, and the broader structural challenges facing the country’s social protection programs.

Dr Shujaat Farooq explained that BISP, despite being a significant social safety net, has become heavily donor-driven, with conditions from international organizations like the IMF. This has made it challenging for the government to modify or discontinue the program, despite its limitations, as it has not had a positive impact on poverty alleviation even after 16 years.

He noted that BISP’s current budget, Rs 600 billion, is substantial, but without creating long-term economic opportunities, it remains a temporary relief measure rather than a solution for poverty alleviation.

He pointed out significant data management issues within BISP, where billions in funds are being spent without effective tracking or uniform data usage. Moreover, there is a considerable disparity between national-level data and ground realities, which leads to inaccuracies in identifying and targeting the most vulnerable populations.

The discussion also underscored the manipulation of data by third-party evaluators and NGOs, reducing the reliability of program assessments. Furthermore, over time, embezzlement at the disbursement level and rising operational costs have made the program even less effective.

The panel agreed that the country lacks a consistent social protection strategy. While programs like BISP play a critical role, they are not sufficient by themselves to lift people out of poverty. The lack of improvement in primary education and high fertility rates, along with low access to medical facilities, continue to exacerbate poverty challenges. As such, addressing education and health service gaps is necessary.

The discussion also touched upon the inefficiencies in past initiatives and recent microfinance programs that have fallen short in reducing poverty sustainably. Moreover, the role of international donor agencies was deemed to be suspicious in poverty alleviation. The experts called for a shift in focus, prioritizing actual outcomes over obtaining easy grants or soft loans. They highlighted the importance of integrating government programs to create a cohesive framework that enables a clear path out of poverty, with a better-defined and communicated concept of “graduation” from poverty.

The discussion also identified three major structural issues hindering poverty alleviation: the problematic National Finance Commission award formula that incentivizes poverty without fostering growth, the centralized administration of programs that should have provincial ownership, and the short-term tenure of secretaries who lack ownership of program outcomes.

Decentralizing program management, establishing clear inclusion criteria, and developing strategies to foster human capital were suggested as crucial reforms. Experts recommended a comprehensive plan that addresses chronic, transient, and urban poverty, with tailored interventions for each.

To address the opportunity crisis, the experts stressed the importance of investing in human capital and infrastructure, especially in regions with high potential but limited resources. Skill development programs must be designed to genuinely empower youth and enhance their employability while addressing the mismatch between training programs and workforce demands.

Khalid Rahman emphasized that BISP’s reliance on external conditions over internal strategy must change, advocating for evidence-based discussions to shape more effective social protection policies.

He highlighted that while BISP remains a key social safety net, its continuation has been driven more by external conditions than by a robust internal strategy. The challenges that Pakistan is facing can be addressed by growth-oriented, inclusive social protection policies that drive sustainable economic progress, alleviate poverty, and create lasting job opportunities across Pakistan.