This part covers the period from 1985 to 2003, which saw two military dictators, Gen Zia (1977-1988) and Gen Musharraf (1999-2008), two sham democratic governments viz Benazir Bhutto (1988-1990 & 1993-1996) and Nawaz Sharif (1990-1993 & 1996-1999). Let’s see how each one behaved as for ‘The Constitution of Pakistan’ is concerned. So here we go.
The 8th Amendment
This amendment was passed on 11 Nov 1985, once the Martial Law was lifted and a civilian government was brought in, elected on nonparty basis. The amendment changed the Pakistan’s government from a parliamentary system to a semi- presidential system, by giving the President a number of additional powers, including the dismissal of National Assembly and the Prime Minister.
The 9th Amendment
Tabled on 7 Aug 1986, it was aimed at imposing Shariah law as the supreme law of the land. The bill was passed by the Senate but could not be passed by the National Assembly as it was dissolved. Hence the Amendment couldn’t come into force.
The 10 Amendment
Passed on 19 Mar 1987, it fixed the interval period between sessions of the National Assembly to not exceed 130 days.
The 11th Amendment
The amendment was tabled on 31 Dec 1989, and dealt with ‘Revision of the reserved seats for women in the National Assembly and the Provincial Assemblies’. The bill was withdrawn in 1992.
The 12th Amendment
The amendment was passed in 1991, and dealt with the creation of speedy trial courts for three years.
The 13th Amendment
Passed on 1 Apr 1997, it stripped off the President of his powers to dissolve the National Assembly, dismissing the Prime Minister, and thereby holding of fresh elections.
The 14th Amendment
Passed on 3 July 1997, it dealt with the practice of defection and allowed the defecting parliamentarians to be dismissed.
The 15th Amendment
Was tabled in Aug 1998, to impose Shariah law as the supreme law of the land. However it was not passed.
The 16th Amendment
It was passed on 28 July 1999, and increased the term of quota system as approved in the original Constitution, from 20 years to 40 years.
The 17th Amendment
Passed on 30 Dec 2003, it made changes dealing with the office of the President and reversal of the effects of the 13th Amendment.
Comments
The era saw change of governments five times, and mostly the 8th Amendment did the job. First time it was used by Gen Zia for dismissing the NA and the government of Mr Junejo in 1988, then the government of Benazir Bhutto was dismissed by President Ghulam Ishaq Khan, then the government of Nawaz Sharif was dismissed by the President and then the government of Benazir Bhutto was again dismissed by her own appointed President, and then came the coup and Gen Pervez Musharraf came into power. It is also very interesting to have a look at the three amendments viz the 8th, the 13th – which reversed the 8th Amendment – and the 17th Amendment, which reversed the 13th Amendment. All these amendments dealt with the powers of the President with respect to National Assembly and the Government.
Sadly when these amendments were being tabled and passed, the same faces were in the National Assembly, dancing on the tunes of military dictators and civilian autocrats. Sadly some of the politicians in the assemblies have little education, some have fake degrees and some are intellectually bankrupt. It is so depressing to see that 90% of these politicians do not read/study the amendments, have no opinion of their own, and put their thumbs and signatures on the dotted lines.
The other two abortive amendments also tell a story and the mindset. The 9th Amendment by Gen Zia and the 15th Amendment by his disciple Nawaz Sharif aimed at imposing Shariah for their ulterior motives, for becoming Amir-ul-Momineen. Thankfully these were not passed. Divine intervention perhaps.
