Constitutional Amendments in 1973 Constitution

The amendment substituted clause (2) of Article 58, granting the President the discretion to dissolve the National Assembly if he believed the government could not be carried on constitutionally and an appeal to the electorate was necessary [44, 45]. This drastically shifted the balance of power in Pakistan's parliamentary system [45].

The Eighth Amendment inserted Article 270A, which affirmed and adopted all Proclamations, President's Orders, and Martial Law Regulations made between July 5, 1977 and the date the Article came into force [46]. This provided indemnity for General Zia-ul-Haq's regime [46].

The revised Article 91(5) states that the President can only remove the Prime Minister if he is satisfied that the PM lacks majority support, in which case he must summon the Assembly to require a vote of confidence [47]. This was intended as a check on presidential discretion [47].

The Tenth Amendment reduced the maximum interval between sessions of the National Assembly from sixty days to thirty days and adjusted Senate requirements [48]. This was aimed at ensuring more frequent parliamentary oversight [48].

The Twelfth Amendment added Article 212-B to the Constitution to allow the Federal Government to establish Special Courts for the speedy trial of heinous offences that are gruesome, brutal, or sensational in character [4].

Section 1(3) of the Act stipulates that the provisions shall remain in force for a period of three years, after which Article 212-B shall be repealed and cease to form part of the Constitution [5].

A Judge for a Special Court is appointed by the Federal Government after consultation with the Chief Justice of the High Court [6].

The amendment provided for the constitution of Supreme Appellate Courts to hear appeals against the decisions of Special Courts [7].

The Supreme Appellate Court consists of a Chairman (a Judge of the Supreme Court) and two Judges of the High Courts, all nominated by the Federal Government after appropriate consultations [7].

To ensure 'speedy trial,' the amendment mandates that both the Special Court and the Supreme Appellate Court must decide a case or appeal within thirty days [8].

The amendment updated the Fifth Schedule to increase the salary of the Chief Justice of the Supreme Court from Rs. 7,900 to Rs. 9,900 [9].

According to the table in the amended Fifth Schedule, the maximum monthly pension for an 'Other Judge' of the Supreme Court is Rs. 7,125 [10].

The amendment ensures judicial protection by stating that such a person shall not be removed except in the manner prescribed in Article 209 for the removal of a Judge (Supreme Judicial Council) [6].

The amendment added a provision allowing the President to determine a higher salary for judges beyond the figures specifically listed in the Fifth Schedule [9, 11].

The Thirteenth Amendment is famous for omitting sub-clause (b) of clause (2) of Article 58, which had previously allowed the President to dissolve the National Assembly in his discretion [12].

Section 3 of the Act substituted the words 'after consultation with' with 'on the advice of' the Prime Minister for the appointment of Provincial Governors [13].

In Article 243(2)(c), the words 'in his discretion' were omitted, making the appointment of the Chairman Joint Chiefs of Staff and other service heads subject to regular executive procedure [13].

The Statement of Objects and Reasons notes that the bill was intended to strengthen parliamentary democracy by restoring powers to the Prime Minister [14].

The amendment was specifically designed to restore powers of the Prime Minister that were removed by the Constitution (Eighth Amendment) Act, 1985 [14].

Mirroring the change at the federal level, the amendment omitted Article 112(2)(b), removing the Governor's discretionary power to dissolve the Provincial Assembly [13].