8th Amendment in Constitution of Pakistan



June 14, 2022

8th amendment in constitution of Pakistan

What is a Constitution?

The basic principles which determine the power, hold, duties, and laws of any government are known as the constitution. All of the nations have their own constitution laws that keep them ahead in the moving age. A constitution is a written form of all of the instructions. All of the manners of sovereign power are finely and equally distributed between the organizations.

Constitutions of Pakistan:

Like all other states, Pakistan also has its own constitution laws. Within 76 years of freedom, Pakistan has 3 main laws. These laws are of:

  1. Constitution law of 1956
  2. Constitution law of 1962
  3. Constitution law of 1973

Among all of these instruction forums, the last law of 1953 is still of most importance. All of the clauses are still used by the government of Pakistan. In this law, the 8th amendment is of great importance.
In the 8th amendment in the constitution of Pakistan, the power of the Parliamentary government is described briefly. Both the Prime Minister and President are bound by in-laws to never apply their power without each other’s authority.

The eighth amendment drastically altered the constitution of Pakistan. After its passing by Senate in 1985, it affect the 19 clauses of the whole constitution. This also brought the President almost into power over the whole nation.

The prime minister, governors of provinces, judges of the high court, and judges of the supreme court all can be selected by the President. Under the act of 58 2(b) , the President can dissolve all of these power holders. This was the most controversial part of this amendment.

After passing the assemblies were dissolved on 4 occasions by using the power of the President. These are as follows:

  1. Zia_ul_Haq in 1988
  2. Gulan Ishaq Khan 1990
  3. Gulam Ishaq Khan 1993
  4. Farooq Leghari 1996

The National Assembly seats were increased up to 207. These were 200 before this law. This was done under Article 51. The Senate seats were increased up to 87, which were 63 before. This was completed under Article 56. The 8th amendment in the constitution of Pakistan is also considered the landmark in the whole history of Pakistani laws.

The Parliamentary form was converted into a semi-presidential form. While political history was also changed. This amendment was ostensibly intended to establish a ‘balance of power’ by requiring the president to dissolve the National Assembly, dismiss the prime minister and local governments, and demand new powers.

It aims to minimize the positions of Parliament, Prime Minister’s Office, Cabinet, and other institutions. The Prime Minister could not do anything without the President’s permission. And in case of disagreement, the president can dissolve the prime minister and the government and dissolve the meeting.

These changes were not even conscious. Three years later, on May 29, 1988, General Zia Ul Haq demonstrated his willingness to apply the amendment when he disagreed with the Prime Minister. The Junejo government was dissolved and the Parliament was dissolved.

Other bills approved by the martial law government passed on July 5, 1977, including the overthrow of the martial law government and the declaration of martial law, were included. Likewise, all edicts issued by the general over the past eight years, martial law orders, and military court rulings had to be legalized.

When the bill was introduced, there was an uproar in the National Assembly. Parliamentarians weren’t ready to talk about it, and the proposed amendment would be like signing a death warrant on their own.

This opposition rocked the presidential campaign. Assessing the mood of the MNA, they began attempting to meet with some of them to plan a path forward. If the bill had not been passed, the general could disband the National Assembly and throw everything into a heap.

This amendment changed, supplemented, and repealed 19 provisions of the National Supreme Law. With this amendment, the position of the Prime Minister was reduced to a minimum. In other words, he became the president’s subordinate.

The President was empowered to appoint the Prime Minister, governor, Supreme Court judges, Supreme Court judges, and military commanders. Also, the prime minister now had to keep the president informed about administrative decisions and legislative proposals. The President has the power to call on the Prime Minister for a vote of confidence. Promulgate rules and take other executive acts. He can also ask the Prime Minister to hold a referendum on some sensitive issues. Also, the number of members of the National Assembly grew from 200 to 207.

The most important act of the 8th Revision was that Congress repealed all martial law, presidential decrees, and presidential decrees issued from July 5, 1977 (including the order of martial law) to September 13, 1977, and ratified the referendum. The main result the Zia generation wanted to achieve.
The specter of this revision lasted long after Zia’s death when four successive democratic governments were dissolved under Article 58-2B. In April 1997, the government of Mian Nawaz Sharif unanimously passed the 13th Amendment to the Constitution and repealed Article 58-2B, restoring the hegemony and status of the Prime Minister and Parliament.

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