Thirteenth Amendment to the Constitution of Pakistan
Encyclopedia
The XIII Amendment to the Constitution of Pakistan was a short-time amendment to the Constitution of Pakistan
, adopted by the elected Parliament of Pakistan in 1997 by the government of people elected Prime Minister
Nawaz Sharif
. It stripped the President of Pakistan
of his reserve power
to dissolve the National Assembly
, and thereby triggering new elections and dismissing the Prime Minister. The Constitutional Amendment was supported by both the government and the opposition, and was thus passed unanimously. With the enforcing of this amendment, Pakistan's system of government was shifted from Semi-presidential system
to Parliamentary democratic republic system.
The amendment removed Article 58(2)(b) of the Constitution, which gave the President the power to
In Pakistan, once legislators are elected to national or provincial assemblies, the people cannot recall
them before the end of their five-year terms. In the past, this has contributed to a sense of immunity on the part of members of the ruling party, and to a public perception of rampant corruption
among leading politicians – in 1997, Pakistan received the second-worst score in the world on Transparency International
's Corruption Perceptions Index
.
A few months later, the Fourteenth Amendment
was passed, which subjected Members of Parliament to very strict party discipline
by giving party leaders unlimited power to dismiss legislators who failed to vote as directed. This virtually eliminated any chance of a Prime Minister of being thrown out of office by a motion of no confidence
. The amendments removed nearly all institutional checks and balances on the Prime Minister's power, by effectively removing the legal remedies by which he could be dismissed.
Nawaz Sharif's government became increasingly unpopular after the passage of these amendments, even though it was the election of his Pakistan Muslim League
by a heavy majority that enabled him to alter the Constitution in the first place. A few months later, Nawaz Sharif's partisan stormed the Supreme Court of Pakistan
and forced the resignation of the Chief Justice. This strengthened the perception that the country was becoming a civilian dictatorship.
In 1999, the Pakistan Army General Pervez Musharraf
assumed power in a military-lead bloodless coup. Among the reasons he gave for doing so were the destruction of institutional checks and balances, and the prevailing corruption in the political leadership. The coup was widely welcomed in Pakistan. Amongst the Opposition, ex-Prime Minister Benazir Bhutto was one of the first leaders to congratulate General Pervez Musharraf
for removing Nawaz Sharif. The Supreme Court later validated the removal on the grounds that the Thirteenth and Fourteenth Amendments resulted in a situation for which there was no constitutional remedy.
In October 2002, elections were held in Pakistan. In December 2003, Parliament passed the Seventeenth Amendment
, which partially restored the President's reserve power to dissolve Parliament and thus remove the Prime Minister from office, but made it subject to Supreme Court approval.
Constitution of Pakistan
The Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...
, adopted by the elected Parliament of Pakistan in 1997 by the government of people elected Prime Minister
Prime Minister of Pakistan
The Prime Minister of Pakistan , is the Head of Government of Pakistan who is designated to exercise as the country's Chief Executive. By the Constitution of Pakistan, Pakistan has the parliamentary democratic system of government...
Nawaz Sharif
Nawaz Sharif
Mian Mohammad Nawaz Sharif is a Pakistani conservative politician and steel magnate who served as 12th Prime Minister of Pakistan in two non-consecutive terms from November 1990 to July 1993, and from February 1997 to October 12, 1999...
. It stripped the President of Pakistan
President of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
of his reserve power
Reserve power
In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the...
to dissolve the National Assembly
National Assembly of Pakistan
The National Assembly of Pakistan is the lower house of the bicameral Majlis-e-Shura, which also compromises the President of Pakistan and Senate . The National Assembly and the Senate both convene at Parliament House in Islamabad...
, and thereby triggering new elections and dismissing the Prime Minister. The Constitutional Amendment was supported by both the government and the opposition, and was thus passed unanimously. With the enforcing of this amendment, Pakistan's system of government was shifted from Semi-presidential system
Semi-presidential system
The semi-presidential system is a system of government in which a president and a prime minister are both active participants in the day-to-day administration of the state...
to Parliamentary democratic republic system.
The amendment removed Article 58(2)(b) of the Constitution, which gave the President the power to
- dissolve the National Assembly in his discretion where, in his opinion ... a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.
In Pakistan, once legislators are elected to national or provincial assemblies, the people cannot recall
Recall election
A recall election is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended...
them before the end of their five-year terms. In the past, this has contributed to a sense of immunity on the part of members of the ruling party, and to a public perception of rampant corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
among leading politicians – in 1997, Pakistan received the second-worst score in the world on Transparency International
Transparency International
Transparency International is a non-governmental organization that monitors and publicizes corporate and political corruption in international development. It publishes an annual Corruption Perceptions Index, a comparative listing of corruption worldwide...
's Corruption Perceptions Index
Corruption Perceptions Index
Since 1995, Transparency International publishes the Corruption Perceptions Index annually ranking countries "by their perceived levels of corruption, as determined by expert assessments and opinion surveys." The CPI generally defines corruption as "the misuse of public power for private...
.
A few months later, the Fourteenth Amendment
Fourteenth Amendment to the Constitution of Pakistan
The Constitution Act, 1997 was an amendment to the Constitution of Pakistan passed in 1997, during the government of Prime Minister Nawaz Sharif, leader of the Pakistan Muslim League party. It subjected Members of Parliament to very strict party discipline...
was passed, which subjected Members of Parliament to very strict party discipline
Party discipline
Party discipline is the ability of a parliamentary group of a political party to get its members to support the policies of their party leadership. In liberal democracies, it usually refers to the control that party leaders have over its legislature...
by giving party leaders unlimited power to dismiss legislators who failed to vote as directed. This virtually eliminated any chance of a Prime Minister of being thrown out of office by a motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
. The amendments removed nearly all institutional checks and balances on the Prime Minister's power, by effectively removing the legal remedies by which he could be dismissed.
Nawaz Sharif's government became increasingly unpopular after the passage of these amendments, even though it was the election of his Pakistan Muslim League
Pakistan Muslim League
The Pakistan Muslim League was founded in 1962, as a successor to the previously disbanded Muslim League in Pakistan. Unlike the original PML which ended in 1958 when General Ayub Khan banned all political parties, each subsequent Muslim League was in some way propped by the military dictators of...
by a heavy majority that enabled him to alter the Constitution in the first place. A few months later, Nawaz Sharif's partisan stormed the Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
and forced the resignation of the Chief Justice. This strengthened the perception that the country was becoming a civilian dictatorship.
In 1999, the Pakistan Army General Pervez Musharraf
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
assumed power in a military-lead bloodless coup. Among the reasons he gave for doing so were the destruction of institutional checks and balances, and the prevailing corruption in the political leadership. The coup was widely welcomed in Pakistan. Amongst the Opposition, ex-Prime Minister Benazir Bhutto was one of the first leaders to congratulate General Pervez Musharraf
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
for removing Nawaz Sharif. The Supreme Court later validated the removal on the grounds that the Thirteenth and Fourteenth Amendments resulted in a situation for which there was no constitutional remedy.
In October 2002, elections were held in Pakistan. In December 2003, Parliament passed the Seventeenth Amendment
Seventeenth Amendment to the Constitution of Pakistan
The Constitution Act, 2003 was an amendment to the Constitution of Pakistan passed in December 2003, after over a year of political wrangling between supporters and opponents of Pakistani President Pervez Musharraf....
, which partially restored the President's reserve power to dissolve Parliament and thus remove the Prime Minister from office, but made it subject to Supreme Court approval.