How amendments work in Pakistani Constitution? key features of 21st amendment in Constitution of Pakistan,1973?

The Pakistani Constitution, adopted in 1973, is a dynamic document that has undergone several amendments to adapt to the evolving needs of the nation.  

The Amendment Process
To amend the Constitution, a rigorous process is outlined:

Initiation: A bill proposing amendments can originate in either the National Assembly or the Senate.  
Two-thirds Majority: The bill must be passed by at least two-thirds of the total membership of the house where it originates.  
Transmission: The passed bill is then sent to the other house for consideration.  
Second House Approval: The second house must also pass the bill with a two-thirds majority.  
Presidential Assent: Once approved by both houses, the bill is presented to the President for assent.  

Additional requirements:

• Amendments related to the federal structure or the powers of provinces require a resolution from the
  relevant provincial assembly.
• Amendments related to the Constitution’s fundamental rights require a two-thirds majority vote in a joint
  sitting of both houses.
  Restrictions:
• Certain provisions, such as the Objectives Resolution and the Islamic provisions, cannot be amended.
• Amendments cannot be made to restrict or abrogate fundamental rights.

Total Number of Amendments:

The Constitution of Pakistan has undergone 25 amendments since its adoption in 1973. Here’s a brief
overview of each amendment:

1. 1974: 1st Amendment – Made minor changes to the Constitution.
2. 1976: 2nd Amendment – Declared the Ahmadis a non-Muslim minority.
3. 1977: 3rd Amendment – Introduced Islamic provisions.
4. 1979: 4th Amendment – Disqualified politicians from holding public office.
5. 1980: 5th Amendment – Extended the tenure of the National Assembly.
6. 1981: 6th Amendment – Introduced the Federal Shariat Court.
7. 1985: 7th Amendment – Revoked the President’s power to dissolve the National Assembly.
8. 1986: 8th Amendment – Restored the President’s power to dissolve the National Assembly.
9. 1988: 9th Amendment – Introduced the office of the Chairman of the Senate.
10. 1991: 10th Amendment – Reduced the President’s powers.
11. 1997: 11th Amendment – Increased the number of High Courts.
12. 1999: 12th Amendment – Introduced local government reforms.
13. 2002: 13th Amendment – Reduced the President’s powers.
14. 2003: 14th Amendment – Introduced changes to the judicial system.
15. 2004: 15th Amendment – Introduced changes to the criminal justice system.
16. 2007: 16th Amendment – Increased the number of provinces.
17. 2010: 17th Amendment – Introduced changes to the judicial system.
18. 2010: 18th Amendment – Devolved power from the federal government to provinces.
19. 2011: 19th Amendment – Introduced changes to the electoral process.
20. 2012: 20th Amendment – Introduced changes to the Senate’s electoral process.
21. 2015: 21st Amendment – Established military courts for terrorism cases.
22. 2017: 22nd Amendment – Introduced changes to the electoral process.
23. 2018: 23rd Amendment – Increased the number of seats in the National Assembly.
24. 2019: 24th Amendment – Introduced changes to the judicial system.
25. 2020: 25th Amendment – Extended the tenure of the Chief of Army Staff.

The 21st Amendment key Changes

The 21st Amendment to the Constitution of Pakistan, passed in 2015, introduced significant changes to
establish military courts for trying terrorism-related cases. Key changes include:

1. Establishment of military courts: The amendment allowed for the establishment of military courts
   for a period of two years, later extended for another two years.
2. Jurisdiction of military courts: Military courts were given jurisdiction to try cases related to:

• Terrorism
• Treason
• Offences under the Pakistan Army Act, 1952
• Offences under the Pakistan Air Force Act, 1953
• Offenses under the Pakistan Navy Ordinance, 1961

3. Protection of judges, prosecutors, and court staff: The amendment provided protection to judges,
   prosecutors, and court staff from threats, attacks, and intimidation.
4. Trial procedures: The amendment allowed for:

• Trials to be held in camera
• Use of video links for testimony
• Relaxation of evidentiary requirements

3. Appeals: Appeals against military court decisions were allowed to the Supreme Court.
4. Extension of military courts’ tenure: The amendment was initially valid for two years but was later
   extended for another two years.

The 21st Amendment to the Constitution of Pakistan, which established military courts for trying
terrorism-related cases, has been a subject of analysis and debate. Here’s an elaboration of the changes
and their implications:
Positive aspects:

1. Expedited trials: Military courts allowed for faster trials, reducing the backlog of cases and enabling
   swift justice.
2. Enhanced security: Protection of judges, prosecutors, and court staff from threats and attacks ensured
   a safer environment for trials.
3. Effective deterrent: Military courts were seen as a strong deterrent against terrorism, as they ensured swift and severe punishment.

Negative aspects:

1. Lack of transparency: Trials held in camera raised concerns about transparency and accountability.
2. Due process concerns: Relaxation of evidentiary requirements and limitations on appeals raised
   concerns about the potential for miscarriages of justice.
3. Military’s expanded role: The amendment was seen as an expansion of the military’s role in civilian
   affairs, potentially undermining the civilian government.
4. Human rights concerns: The amendment was criticized for potentially violating human rights,
   particularly the right to a fair trial.
5. Limited scope: The amendment only addressed terrorism-related cases, leaving other serious crimes to be tried in civilian courts.

Impact:

1. Increased convictions: Military courts resulted in a higher conviction rate for terrorism-related cases.
2. Reduced terrorist attacks: The amendment was credited with contributing to a reduction in terrorist
   attacks in Pakistan.
3. Criticisms and challenges: The amendment faced criticism from human rights groups, lawyers, and
   political parties, leading to challenges in the Supreme Court.
   Overall, the 21st Amendment was a response to the need for effective counter-terrorism measures in
   Pakistan. While it has had some positive impacts, it also raises important concerns about transparency, due process, and the role of the military in civilian affairs