Zulfikar Ali Bhutto introduced seven key amendments between 1973 and 1977, reshaping the Constitution of Pakistan.
Zulfikar Ali Bhutto, Zia ul Haq, Benazir Bhutto (top left), Nawaz Sharif, Perviaz Musharraf, Shehbaz Sharif (bottom left). Photos: File
The 52-year history of the Pakistani Constitution is marked by many changes, with both democratic and military regimes making amendments to it. In total, 26 constitutional amendments were officially adopted.
Under military regimes, the Constitution was amended several times by presidential orders and decrees. General Ziaul Haq issued dozens of constitutional orders – with some analyzes counting as many as 97 changes to the suspended Constitution – while General Pervez Musharraf introduced more than 30 legal amendments and orders during his tenure. These interventions had a significant impact on the federal democratic framework established in 1973.
The 1973 Constitution, although hailed as a major achievement, has undergone substantial changes over time. Between its approval and 1977, former Prime Minister Zulfikar Ali Bhutto introduced seven amendments, making crucial changes to several articles. These changes have shaped the constitutional landscape, reflecting the changing political and legal realities in Pakistan.
The evolution of the Constitution highlights the continuing tension between military control and democratic governance, with each era leaving a lasting impact on the country’s legal framework. Pakistan’s 1973 Constitution underwent its first round of amendments just a year after its approval. In 1974, three consecutive constitutional amendments were adopted, significantly changing the original framework.
The First Amendment made changes to 17 articles of the Constitution
The First Amendment, adopted in 1974, amended 17 articles of the Constitution. This included not only provinces, federally administered areas, and territories annexed under the federal system, but also the constitutional obligation on citizens to form and join political parties and to disclose their party’s sources of income.
The second amendment, which revised Articles 106 and 260, declared the Qadiani community, the Lahore group and those who do not believe in the finality of Prophet Mohammad (PBUH) as non-Muslims.
The Third Amendment further expands the powers of the government to detain individuals involved in activities against the integrity and security of the country. It increased the length of detention from one month to three months for those suspected of engaging in anti-state activities.
The Constitution subsequently underwent significant amendments in 1975 and 1976, including changes to the term limits of senior judges and the exclusion of certain laws from constitutional review.
Amendments fix retirement age for SC judges
The Fourth Constitutional Amendment, adopted in 1975, amended the First Schedule of the Constitution. It also amended paragraphs one and two of Article 8, exempting presidential decrees, regulations, federal laws, presidential orders, provincial laws and regulations from being challenged within the constitutional framework.
In 1976, two further amendments were introduced, defining the terms and conditions for appointment to the highest courts. The Fifth and Sixth Amendments set the retirement age of Supreme Court judges at 65 years, while the age of Chief Justices of the High Courts is fixed at 62 years. Further, the tenure of the Chief Justice of the Supreme Court has been fixed at five years, while the tenure of the Chief Justice of the high courts would be four years.
An important provision also provided that the most senior judge was no longer automatically appointed chief justice of either court; instead, a selection from among the judges would be made for the position.
The last constitutional amendment during the tenure of Zulfikar Ali Bhutto in 1977 introduced the referendum process aimed at obtaining a vote of public confidence in the Prime Minister, as well as the procedures for its conduct.
After Bhutto’s rule, General Ziaul Haq, who came to power following a military coup, made significant amendments to the Constitution in 1985 and 1987. These changes amended 27 sections of the Constitution, thereby reshaping Pakistan’s constitutional framework.
During his tenure, General Zia issued numerous constitutional orders – some later consolidated by the Eighth Amendment – granting constitutional protection to presidential orders and martial law rules, thereby giving the military lasting influence over the legal system.
Benazir Bhutto introduced the 11th constitutional amendment
In 1989, after the end of military rule, Benazir Bhutto came to power and introduced the 11th constitutional amendment. The amendment revised Article 51 to change the timing of general elections, extending the interval from three years to four years.
In 1991, the 12th Constitutional Amendment created the Special Court and the Supreme Court of Appeals, while also determining judges’ salaries and benefits.
Second term of Nawaz Sharif
During Nawaz Sharif’s second term, four important amendments were made to the Constitution. The 13th Amendment of 1997 restored all the powers of the Prime Minister which had been removed by the 8th Amendment. Amendments were also made to Articles 58, 101, 112 and 243. Additionally, the 14th Amendment in the same year introduced Article 63A, which imposed a ban on voting against a party’s policies.
In 1998, the 15th Constitutional Amendment added Article 2B, declaring the Quran and Sunnah as the supreme law of Pakistan. The 16th Amendment, passed in 1999, introduced protections against discriminatory employment practices, including setting an age limit of 40 for public sector jobs.
Musharraf’s constitutional changes
In 2002, under Musharraf’s military rule, Parliament passed the 17th Constitutional Amendment, which granted the military leader the power to dissolve Parliament at will. The amendment also introduces changes to Article 41, detailing the procedure for the presidential vote of confidence. It further made consultation with the prime minister a constitutional requirement for the appointment of military leaders.
Musharraf, who had suspended the Constitution, introduced multiple constitutional changes through the Legal Framework Order (LFO) and other decrees. These were later overturned by the democratic government via the 18th Amendment.
The 18th Amendment, adopted during the tenure of the Pakistan People’s Party, is considered the most important constitutional reform carried out by democratic forces. He reversed many of the undemocratic changes made by military rulers Zia and Musharraf, particularly amendments affecting presidential powers and military influence.
The 18th Amendment restored provincial autonomy, transferring key sectors such as education, health and law enforcement to the provinces. It also removed the president’s power to dissolve Parliament, redefined the process of appointing the chief election commissioner, and introduced reforms related to the appointment of military leaders.
Furthermore, the 19th Amendment further clarified the role of the parliamentary committee in the appointment of judges to the Supreme Court and High Courts, thereby strengthening judicial independence and oversight.
The 20th Amendment expands the powers of the EC
The 20th Constitutional Amendment expanded the powers of the Election Commission, making it an independent body. During the tenure of former Prime Minister Nawaz Sharif between 2013 and 2017, the government focused on combating growing terrorism through the 21st Amendment. This amendment amended Article 175 of the Constitution for two years, allowing for the speedy trial of individuals involved in terrorism, subversive activities and foreign financing crimes.
In 2016, the 22nd Amendment defined the term limit of the Chief Election Commissioner and other members of the Election Commission, thereby adding clarity to the electoral process. The 23rd Amendment of 2017 repealed the temporary provisions introduced under Article 175, marking the end of the two-year period for anti-terrorism measures.
Later in 2017, the 24th Amendment abolished seats reserved for tribal areas in the National Assembly, while the 25th Amendment of 2018 reduced the total number of seats in the National Assembly to 336.
26th constitutional amendment
In 2024, the current government passed the 26th Amendment, which introduced significant judicial reforms.
The amendment created the Judicial Commission and the Judicial Council, formalized the formation of constitutional seats in the Supreme Court, and set term limits for the Chief Justice of Pakistan at three years.
This amendment also changed the CJP selection process, with a 12-member parliamentary committee now appointing the chief justice from among the three most senior judges, rather than the previous practice of appointing the most senior judge.
