Seventeenth Amendment to the Constitution of Pakistan
The Seventeenth Amendment to the Constitution of Pakistan was passed in December 2003, after over a year of political wrangling between supporters and opponents of Pakistani President Pervez Musharraf.
This amendment made many changes to Pakistan's constitution. Many of these changes dealt with the office of the President, and the reversal of the effects of the Thirteenth Amendment. Summarized here are brief descriptions of the major points.
- President Musharraf's Legal Framework Order (LFO) was largely incorporated into the constitution, with a few changes.
- After December 31, 2004, offices such as the President and Chief of Army Staff shall not be held concurrently by the same person.
- If the President wins a majority in a vote of confidence in the electoral college within 30 days of the passage of this amendment, he shall be deemed to be elected to the office of President. (On January 1, 2004, Musharraf won 658 out of 1,170 electoral-college votes - a 56% majority - and was thereby deemed to be elected as president.)
- A Governor's power to dissolve a Provincial Assembly is similarly subject to Supreme Court approval or veto.
- Article 152A, which dealt with the National Security Council, was annulled. (The legal basis for the NSC is now an ordinary law, the National Security Council Act of 2004.)
- Ten laws had been added by the LFO to the Sixth Schedule, which is a list of "laws that are not to be altered, repealed or amended without the previous sanction of the President." After this amendment, five of those laws will lose their Sixth Schedule protection after six years. Laws to be unprotected include the four laws that established the system of democratic local governments. (Those in favor of this change have argued that it would enable each province to evolve its own systems. Opponents fear that authoritarian provincial governments could disempower or even dismantle the system of local democracies.)
