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POLITICAL AND CONSTITUTIONAL DEVELOPMENT IN PAKISTAN (2008_2018)

 

NUZHAT MEHMOOD

writer is student of NUML University Islamabad

 

                                                        CONTENT

  Ã˜ Acknowledgement                                     

Ø Abstract.                                                    

Ø Abbreviation 11

Ø Introduction                                                      

o   Significance of the study

o   Methodology

o   Review of Literature

o   Organization of the atudy

Ø Chapter 1:

Ø Fall of Musharf and Election of Zardari:         

Ø Formation of federal government.

Ø Restoration of judiciary and Murree Declaration.

Ø Governor rule in Pujnab and NRO.              

Ø 18th, 19th , 20th Amendment.                                 

Ø Removal of PM as well as Zardari Presidency .

Ø Political development                                      

Ø Chapter 2:

§  NawazShriefera ( 2013_2018)

Ø General election.

Ø Economic and political development.             

Ø Long March.

Ø Panama case (2016_ 2019) .                           

Ø Analysis :                                                                             

Ø 8.Conclusion :                                                                         

Ø References:                                                                        

 

            __________________________

 

    

Acknowledgment

I’m very thankful to Allah Almighty the most merciful and beneficent. His blessings enabled me to achieve my goals. Tremendous veneration is for his prophet Hazrat Muhammed ( PBUH). Who is forever torch of guidance and knowledge for the who humanity? I also by myself deep sense of gratitude to my superior respective sir Ayaz department of Pakistan studies NUML Islamabad for his valuable contribution, guidance, necessary academic help and useful suggestion in the preparation of this thesis. His constant encouragement throughout my studies.

I’m thankful to my respective faculty members and staff of department Pakistan studies for their cooperation and encouragement.

I’m also obliged to my family members and friends whose cooperation was a great source of moral and academic encouragement for me to complete my research work.

 

ABSTRACT

The Pakistan has been very overwhelming. From last five decades Pakistan has not been successful to progressing equilibrium, the reason was fighting among the provinces and federal and center Gov. And also continue conflict with India for many reason. Pakistan is danglingdictatorship and democracy since it’s independence. Also revolving around finance baking and secular polices during the war against terrorism and cold war. Pakistan recent decade demonstrate state of emergency and assassination of former PM Benazir Bhutto. The continue unstablenessindicate the unsuccessful system of Pakistan.

BREVIATION

Gov: Government

PM: prime Minister

PPP: Pakistan people party

PML(N): Pakistan Muslim league

CM: chief Minister

ECP:Election Commission of Pakistan

 

 

                                               INTRODUCTION

       Significance if the study:

Political and constitutional development in Pakistan (2008_2018) are briefly discussed in the research paper. Different events of zardari era and important amendments highlighted here. Nawaz shrief empowerment and j

His downfall also discussed in research paper. The study will be focused on the following hypothesis.

·        What were the amendments of 18th, 19th and 20th of constitution.

·        What’s factors caused the downfall of Nawaz shrief downfall

·        What was the political development during this period (2008 2018)

 

Methodology:

This study is basically the collection of library books. The material which is collected for the research work through different article and resources.

Review of the literature:

I have gone through the number of books articles published in various journals .All this enabled research work to develop a systematic and coherent approach in systematic manner.

Organization of the study:

First chapter indicate the fall of Musharf and election of Zardari. Chapter two focused on the Amendment of constitution. Chapter 3 indicate the removal of PM as well as President Zardari. Chapter four indicate the empowerment of Shriefand his downfall.

 

            FALL OF MUSHARF AND ELECTION OF ZARDARI

When the election held at February 2008, the PPP won by one_ third of seats, while PML_ N gain one_ fourth seats. The two parties Pakistan people party and Pakistan Muslim league formed alliance Gov. In March. During 2008 Nawaz shrief and Zardari both led movement to denounce Musharaf. As the result Musharf resigned from his office to avoid the public embarrassment. At the end Nawaz withdraw his party so Zardarieasily won 2008 presidential election.

Formation of federal government.

PPP and PML ( N) agreed for power sharing treaty at the center as well as provinces.

Initially Pakistan Muslim league did not agree for join the cabinet at center. Afterward PML(N) agreed to form the federal Gov. With PPP and ANP and also in the province. So a federal cabinet of 24 ministers from the partnershipof PPP, PML(N), ANP was pledged in. The cabinet included eleven ministers from PPP, nine from PML(N) two from ANP one from each FATA and JUI( F).

 

Restoration of judiciary and Murree Declaration :

·        As March 9, 2007 will be memorized as a black day in the judicial history of Pakistan, same 9 March 2008 will be remembered as a day of jubilance in the political history of Pakistan. It was shocking that PPP and PML(N) did agreement to restore the deposed judges within 30 days of the formation of Government. This is called “ Murree Summit Declaration”. The main text of declaration are under

·        The parties agreed that all allied parties will fully support the candidate appointed by PPP for prime Minister rank. PML(N) suggested that the PM will be like that person who can take ahead common agenda of all parties.

·        The parties did commitment that the speaker and deputy speaker of National Assembly would be from PPP while for Punjab Assembly would be from PML(N).

·        Both agreed that PML(N) would be govern federal Gov. And. PPP would be run Punjab Government.

·        This was solid statement of both parties for forming the government.

The sessions of national and provincial assemblies be convened instantly.

 

GOVERNOR RULE IN PUNJAB AND NATIONAL

RECONCILIATION ORDINANCE

The president Asif Ali Zardari using the Article 234 and on the advice of PM proclaimed emergency in the province of Punjab. Which read as under,

Whereas I Asif Ali Zardaripresident of Islamic country on the report of Governor of Punjab and other information related to it made me able that I’m satisfied the situation in Punjab aren’t accordance the provisions of constitution. But Governor rule entitled by huge crackdown in Punjab. Many workers of political parties were arrested but later Zardari, Gilani and Sharifmet one another for the settlement of governor rule in Punjab. However 5 member bench of Supreme court goes through from this crisis on 31 March 2009 and restored Shahbaz Sharif as the CM of Punjab.

 NRO:

National Reconciliation Ordinance issued by previous president of Pakistan General Pervez Musharfon 5 October 2007. It permittedamnesty to political workers and politicians, bureaucrats who were impeachedof corruption, embezzlement, murder and money laundering between 1 January 1986, and 12 October 1999,the time between two states of martial law in Pakistan. So Supreme court after analyzing it declared unconstitutional act on 16 December 2009. It throw the country into political crisis.

                                         18th, 19th, 20th Amendments

18th Amendment:

The committee said to it’s members that submit their proposals for the amendments of to the Constitutionon 10 August 2009. So committee get 982 suggestions through this process. The 18th amendment superseded, modified, excluded, fluctuated so it become the most extensive amendment in the history of Pakistan Constitution. The salient feature of 18th Amendment are,

·        The legal framework order 2002 and it’s various amendments made by lawful authority so it must be replaced.

·        The 17th Amendment of constitution 2003 was abrogated.

·        The province named “ North west frontiers” named as Khyber Pakhtunkhwa

·        Most significant clause (2) to article 6 has been made to postulate that an act of high betrayal would not be validated by any court.

Fundamental Rights :

·        Article 10A provides full a fair of civilian rights and responsibilities.

·        Article 19A was bordering the right of citizen to have access to information in all matters of public benefit and importance

·        Article 25 was added for the age of 5 to 16 year for free and compulsory education.

One of the main consequences of 18th amendment that Governor authority give great sovereignty under the constitution, but the 18th amendment failed to response the demand of smaller provinces and it’s language like Pushto, Punjabi, Balochi, Sindhi.

19Th Amendment:

The Constitution 19th Amendment was approved by Parliament in 2010 at the end of December. It was allowedto by the President on 1 January 20111. In this amendment act discussed as under,

·        Article 81 was modifiedto include the judges of Islamabad high court amongst the persons whose revenue and expenditure would be charged upon the Consolidated fund.

·        Article 182 was amended that appointment of ad hoc judges of the Supreme Court was made by Chief Justice of Pakistan.

·        According to article 213 the Parliamentary committee for nominationof the chairman and the members of the ECP is required, twelve members out of 1/3 would have form senate

·        Article 246 was about Tribal areas connectingto LakkiMarwat and Tank Districts within the meaning of federally administered tribal areas

 

20Th Amendment:

In order to resolve the previous constitution issues twentieth Amendment act was promulgated on 28 Feb 2012. As a result following improvements in the Constitution come about

·        Article 48 providing for holding of general elections to National Assembly, appointment of caretaker cabinet in accordance with the provisions of article 224.

·        Articles 214, 215, 216 were modified to bring the requirements of these articles in the proper context of election commission of Pakistan.

·        Another amendment was made in article 224 interesting reserved seats for women or non _ Muslims in the National Assembly or a provincial assembly .

 

 

REMOVEL OF PM GILANI AS WELL AS PRESIDENCY

     Of  ZARDARI

 

After years of confronting and resisting the Supreme Court of Pakistan rulings to replace the corruption cases against Benazir and Asif Ali Zardari he was sureby the Supreme Court of violating the article 63 (1) (g) of the constitution of Pakistan, the verdict was affected by the Supreme court when it found him the guilty of contempt of court for refusing to reopen corruption cases against President Asif Ali Zardari. Finally on 19 June 2012 he was disqualified and deposed by the Court from holding office anymore.

As Justice Iftikharchaudhry clarifying that Gilani had ceased to be PM and ousted from membership of parliament on 26 April 2012.

 

 

Presidency of ZardariPakistan:

Asif Ali Zardarion 8 September  2013 become the first president who complete his tenure. And hand over the power to another elected president Mamnoon Hussain. His achievements are that the credit of modified the 18th Amendment goes to him, he also tried to strengthen the federation and democracy in Pakistan. His policy of reconciliation kept the minority government together for five years was amazing .his failures are marked by terrorism, natural disaster of  2010. Economy growth declined to less than three percent per year. Inflation was also in high peak during his era. Social services like health and other cost were far away from the reach of poor. So at last his five year of presidency cycling around the Unemployment, debt , poverty, terrorism, foreign investment disappeared and the country was isolated regionally and mistrusted internationally .

 

NAWAZ SHRIEF ERA ( EMPOWERMENT )

The Election commission of Pakistan had won 124 seats in parliament. So Nawaz Shrief took oath on 28 May an the Fifteen anniversary of Nuclear test as a Prime Minister of Pakistan.

Long March:

After the empowerment of Shrief the first worst situation that Nawaz Shrief had faced the Long March by Imran khan.Tahir_ul_Qadari and supported of AwamiMuslim league claim that Nawaz must resign because the election of 2013 manipulated. They also declare that Nawaz running the Gov. Of patronage in which his all relative related with power of Pakistan like his brother Shahbaz as cabinet Minister. But Nawaz with support of majority parties of parliament said PML(N) that election had been free and fair from rigged in history of Pakistan. The March led by Imran khan was biggest protest in the history of Pakistan. This March continue throughout the region of Nawaz Shrief.

Economic and Political Development:

Sharief after become the PM campaigned on a promise that he will construct motorways , ending load shedding, karachi Peshawar high speed road, he also claim that Pakistan will make diplomatic relation ( peaceful) with India that seemed so far.

Shrief Government led rangers operation in Karachi for the elimination of crime and terrorism.

After the Shrief visit in China in July, it was announced premiere Li Kiqiangthat china would invest $31.5 billion to Pakistan.

Panama Case:

On 2016 Panama paper case leak according to this Nawaz Shrief family had millions of dollar in UK and around the world.

On 15 April 2016, the Gov. announced an investigation by an injury commission of all Pakistan named in the documents.

28 July 2017 court announced and disqualified Shrief from his office that he done dishonesty with country. And also claimed for corruption charges on Shrief's family.

In 2018 Pakistan Supreme Court announced that shrief no more hold office for whole life due to Panama paper case.

On 6 July 2018 federal judicial complex of Pakistan punished Nawaz Shrief to ten years prison.

On February 2019 Islamabad high court rejected the Shriefbail plea on medical.  According to report he had four minor attack. However later in March Nawaz has allowed for his health recovery during the period of six weeks.

                                                     ANALYSIS

Pakistan facing troubles, terrorism, political crisis and democracy dictatorship power since independence. So the roots of Pakistan history is not reliable. Every field that involves in politics has fault like judiciary always favor those who has massive power.If at the start of Independence there was special step has been taken for the stability of Pakistan political policy, then it could be overcome those issues. If we talk about Zardari Although he completed his tenure of five year in the history of Pakistan but he also failed for provide basic requirements of Country. Same case with Nawaz Shrief period. As Nawaz Promised start of his tenure that he turn Pakistan into “ Asian Tiger”  with Zero Corruption but the Situation was opposite of it. There were also criticism on Nawaz Shrief Economic boom with China, in January 2017 Economist wrote about Nawaz Shrief spending on infrastructure.

 

 

CONCLUSION

As earlier discussed that political and constitutional development in Pakistan is not stable. There are many reason behind it. First of all Constitution that Pakistan had followed at his Independence previous British constitution. We must focused on according to our requirement and should designed Constitution with legal amendments. Second in the political system of Pakistan the democracy and Army playing game hide and seek, mean if Democracy come and start to flourish suddenly dictatorship overcome and dismissed democracy. Its badly affected Pakistan political background and future also. If we through the light on the era of Asif Ali Zardari And Nawaz Shrief same events happen with them. If both leader as earlier were patronage but when they indulge in power seeking, they get chance for power and indulge in Corruption and money laundering. If we talk about their political achievements as compare with Failure the result is disappointed. There would be such criteria that can stable Pakistan political development. Rules and regulation must be imposed. If anyone even leader done any type of misdeeds the judiciary must took action against him or her. Authority /judiciary ordered for strict punishment for any type of crime.

 

 

                                                   REFERENCES

·        https://en.m.wikipedia.org/wiki/Eighteenth_Amendment_to_constitution_of_Pakistan

·        https://en.wikipedia.org/wiki/Nawaz_Sharif

·        https://history_pak.com/Asif_ali_zardari

·        https://www.bbc.com/news/world_asia_22167511

·        https://tribune.com.pk/story/559625/nawaz_Sharif_a_political_history?

·        https://www.britannia.com/place/pakistan/The_Third_administration_of_Nawaz_sharif

·        Judges and Murree Declaration/Dawn/July.4,2020.

https://www.dawn.com/news/843465/judges_murree_declaration

·        ^NA passes 18th Amendment Bill, PM felicitate the Nation 2012_03_18 at the way back machine,

Associated press of Pakistan,

·        “special Report after the Assassination”(2008_2013) Dec 10, 2017

https://www.dawn.com/news/1374113

·        “ The Raise and Fall of Nawaz Sharif” Nov 06, 2019.

https://www.dawn.com/news/1348024

 

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