- Centrist streak incompatible with Jinnah’s vision
The 18th Amendment was passed by the National Assembly in October 2010 with the full support of all political parties. The Amendment was aimed at removing the major vestiges of the military rule that had beaten the 1973 constitution out of shape, thus fulfilling the promise of further extending the scope of provincial autonomy made in 1973. The Amendment also transferred executive powers to the PM which since the Zia-era had been assumed by the President. The 18th Amendment provided the provinces with strong legislative and financial autonomy through Council of Common Interests and the National Economic Council. After the Amendment, the constitution resumed its original federal and parliamentary character, putting paid to the fissiparous tendencies that were getting strengthened in the provinces.
The 18th Amendment was a major step forward in the constitutional history of Pakistan. It however had serious shortcomings. Among other things, it failed to strike down some of the divisive additions to the constitution brought about by Zia and maintained by the pseudo-liberal Musharraf. It still retained clauses targeting religious minorities along with additional provisions added to Articles 62 and 63 as a trap to get rid of the elected leaders considered troublesome by the establishment. Ironically those who had opposed their removal while the 18th amendment was being deliberated were the first to fall victim to the undefined Sadiq and Ameen clauses.
Constitutional provisions are by no means carved in stone. The constitution has to be upgraded from time to time to bring it in sync with ground realities. There is a need for instance to ensure the devolution of power to local governments, something not appreciated by political parties. Equally important is to underline that a constitutional amendment must not be introduced without national consensus. It took two years of deliberations between the political parties before the 18th amendment was brought to the NA for vote.
PM Imran Khan has an authoritarian streak and a tendency to turn the federal parliamentary system into a unitary presidential form of governance. The tendency goes against the thinking of the Founding Father who strongly advocated an inclusive federal parliamentary system suitable for a multiethnic, multi-religious country.
