18th amendment
Parliament
should declare the 17th Amendment to the Constitution and the Legal Framework
Order (LFO) given by a dictator as without any legal authority and should be
repealed.
NWFP
should be renamed as ‘Khyber
Pakhtoonkhwa’.
Good
Governance by restricting the size
of the Cabinet in to 11 per cent of the members of Parliament and respective
Provinces.
Four
seats,
one from each province, should be allocated in the Senate for the minorities
to increase their strength.
It
has been recommended that education
to each child up to the age of 16 years be made compulsory.
Formation
of the council of common interests should be revised with prime minister as its
chairman. The council should meet at least once in 90 days besides abolition of
the Concurrent List.
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 the Majlis-e-Shoora (parliament).
President
could use the power
of dissolution of the National Assembly when a vote of no-confidence having
been passed against the prime minister, no other member of the
National Assembly commands the confidence of the majority of the members of the
National Assembly, in accordance with the provisions of the Constitution, as
ascertained in a session of the National Assembly for the purpose.
For
the determination of his civil rights and obligations or in any criminal charge
against him, a person
shall be entitled to a fair trial and due process.
Under-representation
of any class or area in the service of Pakistan may be redressed in such manner
as may be determined by an act of Majlis-e-Shoora (parliament).
Restriction
imposed on the attorney general for doing private practice.
Inexpensive
and expeditious justice should be ensured to the people as also the right of
access to information without any hurdle.
The
prime minister shall, in consultation with the leader of the opposition in the
National Assembly, forward three names for appointment of the Chief Election Commissioner to
a parliamentary committee for hearing and confirmation of any
one person.
The
parliamentary committee, to be constituted by the speaker, shall comprise 50
per cent from the opposition parties, based on their strength in Parliament to be nominated by the
respective parliamentary leaders. In case there is no consensus between the
prime minister and the leader of the opposition, each shall forward separate
lists to the parliamentary committee for consideration, which may confirm one
name.
The
total strength of the parliamentary committee shall not exceed 12 members out
of which one-third shall be from the Senate. Provided that when the National
Assembly is dissolved and a vacancy occurs in the office of the chief election
commissioner, the parliamentary committee shall comprise the members of the
Senate only.
There
shall be no restriction on the number of terms
for the offices of the prime minister and chief ministers.
Prime
minister would advise the president on appointment
of the chairman of the chiefs of staff committee and chiefs of three armed
forces.
The
Senate shall consist of 104
instead of 100 members with the addition of one minority member
from each province.
Working
days of the Senate have been increased from 90 to 110.
Restriction
on a person who has been dismissed from the service of Pakistan, service of a
corporation or office set up or controlled by the federal government or the
provincial government on ground of misconduct has been lifted. According to
this amendment, a person could be elected as MP, three or five years after
dismissal from the service.
A
person shall be disqualified from being elected or chosen as, and from being, a
member of parliament if he has been dismissed from the service of Pakistan or
service of a corporation or office set up or, controlled, by the federal
government, the provincial government or a local government on ground of
misconduct, unless a period of five years since his removal or dismissal; or
unless a period of three years has elapsed since his removal or compulsory
retirement.
The
restriction on a person being elected as member of parliament, who has been
convicted by a court of competent jurisdiction for propagating any opinion, or
acting in any manner, prejudicial to the ideology of Pakistan, or the
sovereignty, integrity or security of Pakistan, or integrity or independence of
the judiciary of Pakistan, or which defames or bring into ridicule the
judiciary or the armed forces of Pakistan, unless a period of five years has
elapsed since his release.
Chairman
of the Federal Public Service Commission would be appointed by the president on
the advice of the prime minister. Similarly, chairmen of the provincial public
service commissions would be appointed by the governors on the advice of chief
ministers.
Proclamation
of emergency in the province due to internal disturbances would require a
resolution from the provincial assembly.
If
the president acts on his own, the proclamation of emergency shall be placed
before both houses of parliament for approval by each house within 10 days.
On
dissolution of the assembly or completion of its term, or in case it is
dissolved under Article 58 or Article 112, a caretaker shall be selected by the president in
consultation with the prime minister and the leader of the opposition in the
outgoing National Assembly. Similarly, a caretaker chief
minister will be appointed in consultation with the chief minister and the
leader of the opposition in the outgoing provincial assembly.
Proclamation
of emergency of the fourteenth day of October, 1999, the Provisional
Constitution Order (PCO) No 1, the Oath of Office (Judges) Order, 2000, Chief
Executive Order No 12 of 2002, Chief Executive Order No 19 of 2002, the
amendments made in the Constitution through LFO, 2002, (Chief Executive Order
No 24), the LFO (Amendment) Order, 2002, Chief Executive’s Order No 29 of 2002)
and the LFO (Second Amendment) Order, 2002 (Chief Executive Order No 32 of
2002), notwithstanding any judgment of any court, including the Supreme Court
or a High Court, are hereby declared as having been made without lawful
authority and of no legal effect.
Judges
of the Supreme Court, High Courts and Federal Shariat Court who were continuing
to hold the office of a judge or were appointed as such, and had taken oath
under the Oath of Office (Judges) Order 2000, shall be deemed to continue to
hold the office as judge or appointed as such as the case may be, under the
Constitution and such continuance or appointment, shall have effect
accordingly.
Appointment
of judges to the Supreme Court, there shall be a judicial commission. For
appointment of judges of the Supreme Court, the commission, headed by the chief
justice of Pakistan, shall also consist of two most senior judges of the apex
court, a former chief justice or a former judge of the Supreme Court to be
appointed by the chief justice in consultation with two member judges for a
period of two years, federal minister for law and justice, Attorney General for
Pakistan, and a senior advocate of the Supreme Court of Pakistan to be
nominated by the Pakistan Bar Council for a period of two years.
The
judicial commission for the appointment of High Court judge, headed by the
chief justice of the High Court, would also include two most senior judges of
the High Court, provincial law minister, a senior advocate to be nominated by
the provincial bar council.
For
appointment of judges of the Federal Shariat Court, the judicial commission
shall also include the chief justice of the Shariat Court and the most senior
judge of that court as its members.
Article
58-2(b) should be repealed and substituted with “Dissolution of the National
Assembly”.
The
substitution clause says that the president shall dissolve the National
Assembly if so advised by the prime minister, and the National Assembly shall,
unless sooner dissolved, stand dissolved at the expiration of forty-eight hours
after the prime minister has so advised. Notwithstanding anything contained in
Clause 2 of Article 48, the president may also dissolve the National Assembly
in his discretion where, a vote of no-confidence having been passed against the
prime minister, no other member of the National Assembly commands the
confidence of the majority of the members of the National Assembly in
accordance with the provision of the Constitution, as ascertained in a session
of the National Assembly summoned for the purpose.
Passing
of the bills: Recommended substitution in Article 70 with “introduction of
passing of bills”, adding that a bill with respect to any matter in the Federal
Legislative List may originate in either house and shall, if it is passed by
the house in which it originated, be transmitted to the other house and if the
bill is passed without amendment by the other house also, it shall be presented
to the president for assent.
Bills
presented in the house but not passed within 90 days of laying in the House
shall be considered in a joint sitting of parliament.
Islamabad
High Court to be established and the judges of the Islamabad High Court should
be taken from the federal capital and four provinces.
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