ISLAMABAD
In its verdict on multiple petitions challenging the passage of the 18th Amendment by parliament, the 17-member Supreme Court bench only referred to Article 175A back to parliament for review, while the remaining 26 articles were not touched upon by the apex court.
Following are the articles, which were not pondered upon, with a view that a final decision would come after parliament reviewed Article 175A under Supreme Court’s guidelines.
Amendment in Article 1 – Name of North West Frontier was replaced with “Khyber Pakhtunkhwa”.
Article 17(4) – Omission of Article 17(4) was challenged. The clause said: “Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders”.
Article 27 – Under-representation of any class or area in the service of Pakistan may be redressed in such a manner as may be determined by an act of the parliament.
Article 38 – Shares of the provinces in all federal services, including autonomous bodies and corporations, established by or under the control of, the federal government, shall be secured and any omission in the allocation of the shares of the provinces in the past shall be rectified.
Article 45 – The president shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. (This clause was not a part of 18th Amendment but was challenged)
Article 46 – The prime minister shall keep the president informed on all matters of internal and foreign policy and on all legislative proposals the federal government intends to bring before parliament.
Article 48 – Where the president dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall – (a) appoint a date, not later than 90 days from the date of the dissolution, for holding of a general election to the assembly; and (b) appoint a care-taker cabinet.
Article 51 – There shall be three hundred and forty-two seats for members in the National Assembly including seats reserved for women and non-Muslims.
Article 58 – The president shall dissolve the NA if so advised by the prime minister; and the NA shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the prime minister has so advised.
Article 62 – Qualifications for membership of parliament.
Article 63 – Disqualifications for membership of parliament.
Article 63A – Disqualification on grounds of defection, etc. “party head” empowered to de-seat any party MNA on defection.
Article 91 – Functioning and powers of prime minister and the cabinet. How the president can ask the prime minister to obtain a vote of confidence from the assembly.
Article 106 – constitution of the provincial assemblies. (Not a part of the 18th Amendment but challenged).
Article 148(1) – The executive authority of every province shall be so exercised as to secure compliance with the federal laws, which apply in that province. (Not a part of the 18th Amendment but challenged).
Article 175 – The composition of Supreme Court of Pakistan and High Courts, separation of the judiciary from the executive (Not part of 18th Amendment but challenged).
Article 177 – The appointment of the chief justice of Pakistan and each of the other judges of the Supreme Court, high courts.
Article 193 – The chief justice and each of other judges of a high court shall be appointed by the president in accordance with Article 175A.
Article 203C – The chief justice and a judge shall not be removed from office except in the like manner and on the like grounds as a judge of the Supreme Court.
Article 209 – Removal of a Supreme Court or high court judge through SJC.
Article 219 – The holding of general elections to the National Assembly, provincial assemblies and the local governments; and such other functions as may be specified by an act of Majlis-e-Shoora (parliament).
Article 226 – All elections under the constitution, other than those of the prime minister and the chief minister, shall be held by secret ballot.
Article 245 – The armed forces shall, under the directions of the federal government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.
Article 260 – The definition of expression “consultation” shall be omitted.
Article 267A – Joint session of parliament may by a resolution direct to remove the provisions of any act during such period, as may be specified in the resolution.
