Monday, September 12, 2011

Eighteenth Amendment

Eighteenth Amendment

April 19, 2010
The 18th Amendment aimed at removing the power of the President to dissolve the Parliament unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic, and renaming North-West Frontier Province to Khyber Pakhtunkhwa.

The package is expected to counter the sweeping powers amassed by the Presidency under former Presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq and to ease political instability in Pakistan. The 'historic' bill reverses many infringements on Constitution over several decades by its military rulers.

Omission of clause (b) of article 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 48 hours after the Prime Minister has so advised.

(2) 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.

270AA. Declaration and continuance of laws, etc:
The Proclamation of Emergency on October 14, 1999, the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.1″ of 2000), Chief Executive’s Order No. 12 of 2002, Chief Executive’s Order No. 19 of 2002, the amendments made in the Constitution through 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 declared as having been made without lawful authority and of no legal effect.

All other laws including President’s Orders, Acts, Ordinances, Chief Executive’s Orders, regulations, enactments, notifications, rules, orders or bye-laws made between October 12, 1999, and October 31, 2003, continue to be in force until altered, repealed or amended by the competent authority.

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