Senate unanimously adopts 18th amendment: NWFP officially renamed as Khyber-Pakhtoonkhwa

ISLAMABAD (Online): The Senate on Thursday unanimously passed landmark 18th amendment for restoring the 1973 constitution in its original form by revoking various undemocratic amendments introduced by military dictators in the past to legitimize their rules.

The House passed the bill containing 102 clauses, rejecting a few objections moved by the senators with regard to renaming the NWFP and creation of more Provinces.

The bill, which, besides other changes, seeks to transfer some key Presidential Powers to Parliament, enhance Provincial autonomy and repeal the controversial Musharraf-era 17th Amendment, will now go to President Asif Ali Zardari for signing so that it could be put into effect.

Loud cheers rang out in the house repeatedly during the lengthy clause-by-clause voting, which required senators to stand up 102 times to show their support or opposition to a clause.

The House started its proceedings at 11am and passed the bill clause-by-clause, concluding the process at 4:47pm.

Adviser to the Prime Minister Mian Raza Rabbani moved the bill on behalf of all the Parliamentary Parties who held representation in the Parliamentary Committee on Constitutional Reforms.

The upper house passed the bill through division of votes made to determine the actual number of votes in favour and against the amendment.

The senate debated the bill for three days and a number of senators from all parties took part in the discussion and termed it a landmark achievement but some demanded creation of more Province including Hazara Province.

Clause 3 of the bill regarding change in the name of the NWFP to Khyber-Pakhtunkhwa faced opposition from senators hailing from PML-Q. The clause, however, was passed with 80 votes favoring it against 12 opposing it.

The House also adopted clause 95 of the bill with thumping majority which would delete name of General Ziaul Haq from the Constitution.

There was also cheers when senate approved a clause, repealing the Constitution’s Article 58(2) b to deprive the Presidency of powers to dissolve the National Assembly and appoint armed forces’ chiefs and provincial governors that were arbitrarily assumed by previous military President Pervez Musharraf.

The senate also passed an amendment in Article 153 of the Constitution, which provides reconstitution of Council of Common Interests with the Prime Minister as its chairman.

It has also been made obligatory for the council to meet at least once in 90 days to resolve the contentious issues between the federating units.

The House also adopted an amendment in the Constitution to change the procedure for the appointment of judges of the superior courts.

Under this provision, the judges would now be nominated by a judicial commission headed by the Chief Justice of Pakistan while final approval of the appointment would be made by a parliamentary committee consisting of parliamentarians.

The House also passed amendment in Article 213 of the Constitution which provides that the prime minister in consultation with the leader of the opposition in the National Assembly would forward three names for the appointment of the chief election commissioner to a parliamentary committee for hearing and confirmation of any one person from them.

To increase the Senate seats from the present 100 to 104, the Upper House passed the clause 18. Working days of the Upper House have also been augmented to 110 from 90 days with the approval of clause 19.

The Senate also passed clauses 21 and 22 for amendments in Articles 62 and 63 that related to the eligibility and ineligibility of the members of the Parliament.

Clause 23 was passed, which states that the joint session of the Parliament will approve a bill in case divergence persists on the bill in the National Assembly and the Senate.

The House also passed clauses 25 and 26, which bars the president to promulgate any ordinance when the Senate and the National Assembly are in session.

To end bar on third-time premiership, the Upper House endorsed clause 29. It also approved clause 30 to curtail the size of the cabinet, which will be eleven percent of the total size of the Parliament under the 18th Amendment.

The Upper House also imposed bar on the attorney general to do private practice by passing clause 32.

The house further empowering the office of the prime minister passed clause 33 for amendment in article 101, under which the president will appoint provincial governors on the advice of the Prime Minister.

The House passed clause 37 unanimously under which a governor will only dissolve the assembly on the advice of the chief minister and assemblies will stand dissolved in 48 hours after the receipt of advice.

Clauses 38, 39, 40,41 and 42 were endorsed to restrict the governor not to re-promulgate ordinance more than once besides increasing the working days of provincial assemblies from 70 to 100 days.

Members of the Upper House also approved clause 50 to abolish the Concurrent List. The House unanimously approved clauses 59,60 and 61 under which share of provinces in the new NFC will not be reduced from the previous one.

The House also passed clause71 of the bill with regard to establishment of Islamabad High Court.

The 18th Amendment Bill has also provided more provincial autonomy to the provinces through diverting resources to the federating units, allowing to explore natural resources, establish power generation units and get royalty on natural resources.

"It is a matter of celebration for all the democratic parties. Feelings of joy are visible in the House. This is a historic day for all of us," Chairman Senate Farooq H. Neak said, while announcing reading of the bill.

Earlier During the debate session, PML-N and PML-Q members staged a walk out of the Senate to protest some remarks made by Senator Haji Adeel against Quaid-e-Azam. Haji Adeel, said that some PML leaders used to ’eat pork and drink whiskey’ in the past but was quick to clarify that his statement was not directed at Quaid-e-Azam as he respected Quaid a lot.

In the meanwhile, Fateh Khawani was also offered for Dr Israr Ahmed who passed the other day.

Meanwhile, PML-Q Jamal Laghari tabled an amendment for carving a province of South Punjab, which was turned down by the Senate.