Constitutional Amendments in 1973 Constitution

Section 1(2) of the Act states: 'It shall come in to force at once' [12].

While it omitted several discretionary powers, the omission of Article 152A (NSC) was actually part of the Seventeenth Amendment [15], not the Thirteenth.

By omitting 'in his discretion,' the amendment moved military head appointments back into the realm of the Prime Minister's advice [13, 14].

The amendment specifically substitutes consultation with the advice of the Prime Minister for appointing a Governor [13].

The Fourteenth Amendment inserted Article 63A to address the issue of defection and prevent political instability [16, 17].

Defection occurs if a member votes or abstains from voting contrary to any direction issued by the Parliamentary Party to which he belongs [18].

The member must be given a notice in writing by the Head of the Political Party to show cause within not more than seven days [17].

The Head of the Party has the final authority to determine if a member has defected after examining the explanation [18].

The Chief Election Commissioner receives the decision from the Presiding Officer to give effect to the disqualification [19].

The Commissioner must declare the seat vacant within seven days from the date of receipt of the intimation [19].

Article 63A(4) explicitly states: 'Nothing contained in this Article shall apply to the Chairman or Speaker of a House' [19].

The amendment sought to bar judicial interference by stating that no court, including the Supreme Court and High Courts, shall entertain any legal proceedings relating to actions under this Article [20].

A breach of party discipline means a violation of the party constitution, code of conduct, and declared policies [21].

For the purposes of defection, 'House' means the National Assembly, the Senate, or a Provincial Assembly [20].

The Sixteenth Amendment was enacted to amend Article 27 of the Constitution [22].

The amendment substituted the word 'twenty' with 'forty', doubling the period for which posts could be reserved for specific classes or areas [22].

The extension was felt necessary because equal opportunity of education and other facilities are not yet available to all citizens of Pakistan [23].

Article 27 provides safeguards against discrimination in services, allowing for reservations to ensure representation of all classes and areas [23].

The Act states in Section 1(2) that it shall come into force at once [22].

The law specifies that the change 'shall be deemed always to have been so substituted,' providing legal continuity [22].