Zulfikar Ali Bhutto introduced seven important amendments between 1973 and 1977 that reshaped Pakistan’s constitution
Zulfikar Ali Bhutto, Zia ul Haq, Benazir Bhutto (From top left), Nawaz Sharif, Perviaz Musharraf, Shehbaz Sharif (From bottom left). Photos: File
The 52-year history of Pakistan’s constitution is marked by numerous changes, with both democratic and military regimes making changes. In total, 26 constitutional amendments have been formally adopted.
Under military regimes, the constitution was repeatedly amended through orders and presidential decrees. General Ziaul Haq issued dozens of constitutional orders – with some analyzes counting as many as 97 amendments to the suspended constitution – while General Pervez Musharraf introduced over 30 amendments and legal orders during his tenure. These interventions had a significant impact on the federal democratic framework established in 1973.
The 1973 Constitution, although hailed as a great achievement, has undergone significant changes over time. Between its approval and 1977, former Prime Minister Zulfikar Ali Bhutto introduced seven amendments, making crucial changes to several articles. These changes shaped the constitutional landscape, reflecting the changing political and legal realities of Pakistan.
The evolution of the constitution highlights the ongoing tension between military control and democratic governance, with each era leaving a lasting impact on the country’s legal framework. The 1973 Constitution of Pakistan underwent its first set of amendments only a year after its approval. In 1974, three consecutive constitutional amendments were passed, significantly altering the original framework.
The First Amendment made changes to 17 articles of the constitution
The first amendment, passed in 1974, made changes to 17 articles of the constitution. It included not only the provinces, federally administered territories and annexed territories under the federal system, but also constitutionally empowered citizens to form and join political parties and declare their party’s sources of income.
The second amendment, which revised Articles 106 and 260, declared the Qadiani community, the Lahore group and those who do not believe in the finality of Prophet Mohammed (PBUH) to be non-Muslims.
The Third Amendment further expanded the government’s powers to detain individuals involved in activities against the integrity and security of the country. It increased the duration of detention from one month to three months for persons found to be involved in anti-state activities.
The constitution then underwent significant changes in 1975 and 1976, including changes to the tenure of the senior judiciary and the exclusion of certain laws from constitutional review.
Amendments fix retirement age of SC judges
The Fourth Constitutional Amendment passed in 1975 made changes to the First Schedule of the Constitution. It also amended sub-clauses one and two of Article 8 that exempted presidential orders, ordinances, federal laws, presidential ordinances, provincial laws and regulations from being challenged under the constitutional framework.
In 1976, two further amendments were introduced which defined the terms and conditions of appointments to the highest courts. The Fifth and Sixth Amendments set the retirement age for Supreme Court Justices at 65, while the age for Supreme Court Justices was set at 62. In addition, the term of office of the Chief Justice was set at five years, while the Chief Justice was to serve for four years.
A significant provision also included that the Chief Justice was no longer automatically appointed as Chief Justice of any courts; instead, a selection from the judges would be made for the position.
The last constitutional amendment during Zulfikar Ali Bhutto’s tenure in 1977 introduced the process of a referendum to seek a vote of confidence from the public in the Prime Minister along with the procedures for its conduct.
After Bhutto’s rule, General Ziaul Haq, who came to power in a military coup, made significant amendments to the constitution in 1985 and 1987. These amendments amended 27 sections of the constitution, effectively reshaping Pakistan’s constitutional framework.
During his rule, General Zia issued several constitutional orders—some later consolidated through the Eighth Amendment—that gave constitutional protection to presidential orders and martial law provisions, giving the military a lasting influence on the judicial system.
Benazir Bhutto introduced 11th constitutional amendment
In 1989, after the end of military rule, Benazir Bhutto came to power and introduced the 11th constitutional amendment. The amendment revised Article 51 to change the timing of general elections and extended the interval from three years to four years.
In 1991, the 12th Amendment to the Constitution established the Special Court and the Supreme Court of Appeal, while also setting salaries and benefits for judges.
Nawaz Sharif’s second term
During Nawaz Sharif’s second term, four significant amendments were made to the constitution. The 13th Amendment in 1997 restored all the powers of the Prime Minister that had previously been removed by the 8th Amendment. Amendments were also made to Articles 58, 101, 112 and 243. In addition, the 14th Amendment in the same year introduced Article 63A, which imposed disqualification for voting against party policies.
In 1998, the 15th Constitutional Amendment added Article 2B declaring the Quran and Sunnah as the supreme law of Pakistan. The 16th Amendment, enacted in 1999, introduced protections against discriminatory employment practices, including setting an age limit of 40 for public sector jobs.
Musharraf’s constitutional amendments
In 2002, during Musharraf’s military rule, parliament passed the 17th constitutional amendment, which gave the military leader the power to dissolve parliament at will. The amendment also introduced changes to Article 41, which describes the procedure for the presidential vote of confidence. It also made consultation with the prime minister a constitutional requirement for the appointment of military commanders.
Musharraf, who had suspended the constitution, introduced several constitutional amendments through the Legal Framework Order (LFO) and other decrees. These were later reversed by the Democratic government through the 18th Amendment.
The 18th Amendment passed under the Pakistan Peoples Party during its tenure is considered the most significant constitutional reform by democratic forces. It reversed many of the undemocratic changes made by military rulers Zia and Musharraf, especially the changes affecting presidential power and military influence.
The 18th Amendment restored provincial autonomy and transferred key sectors such as education, health and law enforcement to the provinces. It also removed the president’s power to dissolve parliament, redefined the appointment process for the Chief Election Commissioner, and introduced reforms related to the appointment of military commanders.
In addition, the 19th Amendment clarified the role of the Parliamentary Committee in the appointment of judges to the Supreme Court and Supreme Court, strengthening judicial independence and oversight.
20th Amendment expanded the EC’s powers
The 20th Constitutional Amendment expanded the powers of the Election Commission and established it as an independent body. During former Prime Minister Nawaz Sharif’s tenure between 2013-2017, the government focused on fighting growing terrorism through the 21st Amendment. This amendment amended Article 175 of the Constitution for two years, allowing for the speedy trial of individuals involved in terrorism, subversive activities and foreign financing crimes.
In 2016, the 22nd Amendment defined the term limits of the Chief Election Commissioner and other members of the Election Commission, adding clarity to the election process. The 23rd Amendment in 2017 repealed the temporary provisions introduced under Article 175 which marked the end of the two-year counter-terrorism period.
Later in 2017, the 24th Amendment abolished reserved seats for tribal areas in the National Assembly, while the 25th Amendment in 2018 reduced the total number of seats in the National Assembly to 336.
26th constitutional amendment
In 2024, the current government passed the 26th Amendment, which introduced significant judicial reforms.
The amendment established the Judicial Commission and the Judicial Council, formalized the formation of constitutional benches in the Supreme Court, and set limits on the tenure of the Chief Justice of Pakistan to three years.
This amendment also changed the selection process for the CJP, with a 12-member parliamentary committee now nominating the chief justice from among the three senior-most judges, rather than the earlier practice of appointing the senior-most judge.
