The Amendment Process of the Constitution of Pakistan: Political Dynamics & Legal Implications
Year: 2025
Type: article
Abstract: Pakistan’s constitutional amendment process reflects a persistent tension betweendemocratic aspirations and authoritarian legacies, shaped by political dynamics and legalambiguities. The 1973 Constitution, amended 26 times, oscillates between empoweringdemocracy (e.g., the18th Amendment’sfederalism) and entrenching autocracy (e.g.,Zia’s8th Amendment). WhileArticles 238-239mandate a two-thirds parliamentary majorityfor amendments, military regimes and elite negotiations have frequently subverted this process. The judiciary’s inconsistent application of abasic structure doctrineevident in cases likeNRO (2009)andDistrict Bar Association (2015)further complicates the balance between parliamentary sovereignty and constitutional supremacy.Challenges include politicization (e.g., Musharraf’s 17th Amendment), instability from frequent changes, and public distrust due to exclusionary elite bargaining. Comparative lessons from India’s basic structure jurisprudence and Bangladesh’s post-crisis reforms highlight the need for participatory mechanisms, judicial consistency, and military accountability. Reforms like digital crowdsourcing of amendments and sunset clauses for emergency measures could transform Pakistan’s Constitutioninto a resilient, inclusive framework.
Authors: Jahanzeb Waseh, Munazza Mubarak
Institution: National University of Modern Languages
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4410929790