Constitutional Amendments Process in Pakistan: Limits and Scope of Parliaments Power to Amend the Constitution.

Abstract

In this paper, we will discuss the amendment of the Constitution of 1973 by Parliament in Pakistan and the extent of authority that it actually possesses. Paper wise Parliament can alter nearly any element of the Constitution on obtaining a two thirds majority in both Houses. The courts are simply informed not to interfere. However, when you consider actual examples and the history of Pakistan politics, the situation is not that simple.

This can be explained by key Supreme Court cases including Mehmood Khan Achakzai, Pakistan Lawyers Forum, Nadeem Ahmed and District Bar Association (Rawalpindi). The Court frequently discusses significant concepts that make up the essence of the Constitution such as democracy, federalism and judicial independence. Nevertheless, the Court hardly ever repeals a constitutional amendment. This implies that the authority of Parliament remains very strong, even in circumstances of pressure of the political front, as well as in circumstances influenced by the military such as the Eighth, Seventeenth and the Twenty one Amendments.

The paper holds that this system has had both positive and negative outcomes. It enabled great democratic advances including the Eighteenth Amendment. It also made it easier to make contentious changes in governments when politics were strained or unjust. The paper does not propose additional control to the judges, instead, it proposes better amendment process. This involves improved community engagement, online feedback, allowance of more time before amendments, and placing expiry dates on urgent amendments. The other notion is that it is necessary to place a more powerful sanction on modifications to important constituents of the Constitution.

The point is that; Pakistan should have a less secretive, cautious, and democratic manner of constitutional change and not use the courts to correct the issue after it has been rectified.