The 18th Amendment
The 18th Amendment in Pakistan's Constitution
Introduction
Pakistan has struggled to democratize since 1947 due to the influence of the security establishment and major political parties. While there are signs of democracy, progress is hindered by loopholes in past administrative ventures, such as the 18th Amendment. Passed in 2010 with consensus, the 18th Amendment aimed to decentralize power and enhance provincial autonomy. Over 100 articles of the constitution were altered to strengthen parliamentary democracy and reduce the federal government's dominance. However, the need for an 'education emergency' 14 years after its passage indicates that the loopholes need to be revisited.
Comprehending the 18th Amendment
(a) Historical Overview
The 18th Amendment arose from demands for provincial autonomy, driven by political instability and military rule. It was supported by the Pakistan Peoples Party (PPP) under President Asif Ali Zardari and other major political entities. In 1940, a historical resolution maintained that "the federating units of Pakistan would be autonomous and sovereign". The removal of provincial autonomy meant exclusive provincial legislation.
(ii) Increased Legislative Powers for provinces.
Provinces gained authority over education, health, and local governance.
(iii) Amendment of Article 6 of the Constitution of Pakistan
Article 6 addresses the crime of treason. Clause 1 of Article 6 states:
"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."
The amended Article 6 aimed to eliminate any constitutional maltreatment.
(iv) Insertion of New Articles in the Constitution
The 18th Amendment added the following articles:
10A; Right to Free 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."
19A Right to Information:
"Every citizen shall have the right to have access to information in all matters of public importance of subject to regulation and reasonable restrictions imposed by law."
25A Free Education:
"The State Shall provide free and compulsory education to all children of age of 5 to 16 years,"
(v) Abolished article 58-2(6)
Article 58-2(6) gave the President the power to dissolve the National Assembly (NA) at any time.
58-2(6) was removed by the thirteenth amendment but was brought back by the seventeenth amendment. Finally, the 18th Amendment removed this article.
(vi) Other Changes
Name changes were included. NWFP was renamed Khyber Pakhtunkhwa, "Sind" was changed to "Sindh", and Baluchistan was changed to "Balochistan".
Loopholes in the 18th Amendment
Capacity-building in all provinces was not equally addressed before the devolution of power. Provinces like Punjab showed better results due to better capacity-building, education, and bureaucracy. The narrow-minded approach of policymakers caused unequal capacity across provinces, affecting horizontal (province-province) and vertical (center-province) relations.
(c) Change is always a continuous process
Despite recognizing abnormalities in the 18th Amendment, policymakers have not revisited it to make changes. Expecting output from the 18th Amendment is unrealistic when the input of politicians is subpar. Greater political will is needed.
Conclusion
The 18th Amendment is a critical step in decentralizing governance in Pakistan, achieving significant strides in provincial autonomy and giving fresh air to democracy. However, various loopholes hinder its full potential, requiring policymakers to revisit the amendment and address its shortcomings.