Constitution of 1973
Amendments and Procedure
(Article 238-239)
Introduction to Constitutional Amendments
A constitutional amendment is a formal change or addition to the Constitution.
It is more rigid and difficult than ordinary legislation to ensure stability and
continuity.
The Constitution of Pakistan 1973 provides its own method of amendment under
Part XI, Article 239.
Importance of the Amendment Procedure
Flexibility vs. Stability: Allows the Constitution to adapt over time while
preventing frequent changes.
Protection of Fundamental Principles: Makes it harder to tamper with key
constitutional features like federalism, fundamental rights, or the judiciary.
Provincial Safeguards: Involvement of Provincial Assemblies ensures that the
federating units retain a voice in key structural changes.
Article 238. Amendment of Constitution:
Subject to this Part, the Constitution may be amended by Act of 732[Majlis-e-
Shoora (Parliament)].
Article 239. Constitution Amendment Bill
Clause (1): Initiation of Amendment
A bill for amendment can be introduced in either House (National Assembly or
Senate).
It can be introduced by either government or a private member.
No prior permission is needed from the President.
Clause (2): Two-Thirds Majority Required
The bill must be passed by at least two-thirds of the total membership of the
House where it originated.
The phrase “total membership” means all seats, not just those present.
Clause (3): Procedure in the Other House
After passing from one House, the bill is sent to the other House, which must also
pass it by a two-thirds majority.
Clause (4): Presidential Assent
Once both Houses have passed the bill, it is presented to the President for assent.
The President is bound to give assent; no discretion is allowed.
Once signed, the bill becomes part of the Constitution.
Clause (5): Limits on Judicial Review
An amendment passed under this article cannot be challenged in any court.
This clause aims to protect the sovereignty of Parliament in constitutional
matters.
Clause (6): Amendments Affecting Provincial Interests
If an amendment affects the limits or powers of the provinces, it must also be
passed by a majority in each Provincial Assembly.
Ensures federal balance and consensus.
Constitutional Amendments
1st (4 May 1974)
Redefined the boundaries of Pakistan and removed references to East Pakistan.
2nd (17 September 1974)
Defined a Muslim and declared the status of Ahmadis as minority and 'non-Muslim'.
3rd (18 February 1975)
Extended the period of preventive detention from one month to three months
4th (21 November 1975)
Decreed additional seats for minorities, it also deprived courts of the power to grant
bail to any person detained under any preventive detention.
5th (5 September 1976)
Widened the scope of restriction on the High Courts.
6th (22 December 1976)
Provided that Chief Justice of Supreme Court will be retired at the age of 65 and
High Court judges at age 62.
7th (16 May 1977)
Enables the prime minister to obtain a vote of confidence of the people of Pakistan.
8th (11 November 1985)
Changed Pakistan's government from a Parliamentary system to a Semi-presidential
system by giving the President a number of additional powers.
9th (1985) Not passed
Bill to impose Shariah law as the supreme law of land. The bill was passed by
Senate but could never be passed by National Assembly owing to the latter's
dissolution.
10th (25 March 1987)
Fixed the interval period between sessions of the National Assembly to not exceed
130 days.
11th (1989) Not passed
Revision of the reserved seats for women in the National and the provincial
assemblies. The bill was withdrawn in 1992.
12th (1991)
Created Speedy Trial Court for 3 years.
13th (1997)
Stripped the President of Pakistan of his reserve power to dissolve the National
Assembly of Pakistan, and thereby triggering new elections and dismissing the
Prime Minister.
14th (3 July 1997)
Allowed members of parliament to be dismissed if they defect.
15th (1998) Not passed
Bill to impose Shariah law as supreme law of land. Was never passed.
16th (1999)
Increased the term appointed for quota system as per 1973 Constitution from 20 to
40 years.
17th (2003)
Made changes dealing with the office of the President and the reversal of the effects
of the Thirteenth Amendment.
18th (8 April 2010)
Removed the power of President of Pakistan to dissolve the Parliament unilaterally.
Gave more authority to the provinces. Province of North-West Frontier
Province(NWFP) was renamed as Khyber Pakhtunkhwa(KPK)
19th (22 December 2010)
Provided for the appointment of the Judges of the Supreme Court of Pakistan and
made amendments in the number of members of the parliamentary committee for
the appointment of Chief Electoral Officers at Election Commission of Pakistan.
20th (14 February 2012)
For Free and Fair Elections.
21st (7 January 2015)
In the aftermath of APS Peshawar Attack, Military Courts were established for
speedy trials of terrorists and their sponsors.
22nd (8 June 2016)
ECP powers deputed to Chief Election Commissioner previously vested with the
judges of SC and HCs.
23rd (7 January 2017)
The 23rd Amendment was passed to re-establish the military courts for further two
years till 6 January 2019. In 2015, National Assembly passed the 21st Amendment
and created the military courts for the period of 2 years. The period of two years
was expired on 6 January 2017 hence this 23rd Amendment was passed to re-
establish the military courts for further two years till 6 January 2019. At the end of
this period all the amendments will be expired/removed automatically.
24th (22 December 2017)
Reallocation of National Assembly seats among federating units and allowing
election authorities to update boundaries of constituencies based on provisional
results of 2017 Census of Pakistan.
25th (31 May 2018)
Merges Federally Administered Tribal Areas with Khyber Pakhtunkhwa.
26th (21 October 2024)
It is a set of constitutional amendments — containing 27 clauses — including:
• the fixture of the chief justice’s term and being chosen among 3 senior most
judges,
• determination of the period for riba elimination,
• restoration of delegation of powers of the federal govt. to its officers which were
not included in 18th amendment.
