Constitution of Pakistan has been amended seventeen times since its promulgation in 1973; however the ninth and eleventh amendment bills were not passed. The importance of legislation is incontestable; it is the prerogative of parliament to set the rules of business but does it make any difference for a commoner either President has more power or Prime Minister. What matters for him is good governance, availability of basic needs with in affordable price. 

Below are all amendments in a summarized form 1974 onwards…

First Amendment May 04, 1974

• Article 1 – Amendment revised units, provinces and territories of the federation
  
• Article 17 – Amendment allowed citizens other than those in service of Pakistan to form political party and every political party to account for the source of its funds by law.
  

This amendment had become necessary as East Pakistan had emerged as a new independent state “Bangladesh” and Pakistan had officially recognized it.

Second Amendment September 17, 1974

• Article 106 – Quadiani group or the Lahori group (who call themselves ‘Ahmadis’)” was declared minorities.
  
• Article 260 – the definition of a Muslim was made part of constitution which is, ” A person who does not believe in the absolute and unqualified finality of The Prophet hood of MUHAMMAD (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever, after MUHAMMAD (Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law.”
  

Third Amendment February 13, 1975

• Article 10, 232 – the amendment addressed the issues of preventative custody by curtailing the rights of detainee and by conferring more powers for detaining authority.
  

Fourth Amendment November 21, 1975

• Articles 8, 17, 19, 51, 54, 106, 199, 271, 272, 273, First schedule and Fourth Schedule. The amendment added 6 reserved seats in National Assembly, curtailed the powers of High Courts for cases related to preventative detainment, Land reforms, economic reforms and several regulations promulgated by President prior to Constitution were made part of constitution.
  

Fifth Amendment September 16, 1976

• Articles 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 204, 206, 212, 260, 280 and First Schedule. The amendment established the rules for appointment of Governors, Chief Justices and the discretionary powers of the High Courts and Supreme Courts, abolished joint High Court of Sind and Baluchistan, constituted separate high court for each province.
  

Sixth Amendment December 13, 1976

• Articles 179, 195, 246, 260 – The Amendment extended the appointment of the Chief Justices of Supreme Courts and High Courts beyond their retirement age limit for when they have not completed the term of office.
  

Seventh Amendment May 16, 1977

• Articles 101, 245 – New Article 96 A inserted which was supposed to stay in force till September 30, 1977 Amendment suggested to hold a referendum to seek vote of confidence for the Prime Minister by General Public.
  

Eighth Amendment November 9, 1985

• Articles 48, 51, 56, 58, 59, 60, 75, 91, 101, 105, 106, 112, 116, 130, 144, 152 A, 270 A and addition of new Schedule, the Sixth Schedule, The constitution restored to the position of July 5, 1977 with amendment which conferred the powers upon the President to nominate Prime Minister, appointing the services chiefs, other key state positions and dissolve the National Assembly and Governors could dissolve provincial assemblies.
  

Ninth Amendment Bill 1985 (It was not passed and still remains a bill)

• In consonance with the provisions of Article 2 and 227 of the Constitution of the Islamic Republic of Pakistan, which respectively offer that Islam shall be the State religion of Pakistan and that all laws shall be brought in conformity with the Injunctions of Islam, as also the Objectives Resolution, this Bill seeks to amend Articles 2, 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said injunctions.
  

Tenth Amendment March 25, 1987

• Articles 54 and 61 Amendment curtailed the working days of National Assembly and the Senate from 160 to 130 per year.
  

Eleventh Amendment Bill 1989 (It was withdrawn by the movers.)

• Article 51 the amendment bill was moved in Senate suggesting the restoration of 20 Women Seats in the National Assembly. It was withdrawn by the movers after government assurance.
  

Twelfth Amendment July 28, 1991

• New Article inserted: 212 B Provisions amended: Fifth Schedule. Amendment allowed constitution of special courts for heinous crimes as well as increase the salaries of Judges.
  

Thirteenth Amendment April 3, 1997

• Article 58, 101, 112, 243 – Amendment was to withdraw Eighth Amendment powers of the President and Governors to dissolve National and Provincial assemblies, the Prime Minister was conferred the powers to appoint Services Chiefs and other key position.
  

Fourteenth Amendment July 3, 1997

• New Article inserted 63A Amendment to provide disqualification of a member of Parliamentary party on the ground of defection, floor crossing, abstaining or refraining from vote or voting against the party policy.
  

Fifteenth Amendment August 28, 1998

• Insertion of Article 2B in view of the fact that the Objectives Resolution is now substantive part of the Constitution, it is necessary that Quran and Sunnah are declared to be the supreme law of Pakistan, and the Government is empowered to take necessary steps to enforce Shariah.

Sixteenth Amendment August 5, 1999

• Insertion of Article 27 which safeguards against discrimination in services, Quota system was extended till 2013.
  

Seventeenth Amendment August 21, 2002

• New Article Inserted 41, 58, 112, 152A, 179, 195, 243, 268 and 270AA Amendments were made to the constitution for the approval of Gen. Musharraf to stay President in uniform, his coup on October 12, 1999 and inclusion of the Legal Framework Order (LFO) into the constitution which empowered President again.
  

Eighteenth Amendment April 19, 2010

• Articles amended or substituted 1, 6, 17, 25, 27, 29, 38, 41, 46, 48, 51, 58, 59, 61, 62, 63, 63A, 71, 73, 75, 89, 90, 91, 92, 99, 100, 101, 102, 104, 105, 106, 112, 116, 122, 127, 128, 129, 130, 131, 132, 139, 140, 142, 143, 144, 147, 149, 154, 155, 156, 157, 160, 161, 167, 168, 170, 171, 172, 175, 177, 193, 194, 198, 199, 200, 203, 203D, 209, 213, 215, 216, 218, 219, 221, 224, 226,228, 232, 233, 234, 242, 243, 260, 268, 270A, 270AA, 270B
  
• Articles inserted 10A, 19A, 25A, 140A, 175A, 267A, 267B, 270BB
  
• Articles omitted 71 and Omission of sixth and seventh schedule
  
• Summary: Parliament declared the 17th Amendment to the Constitution and the Legal Framework Order (LFO) given by a dictator as without any legal authority. NWFP renamed as ‘Khyber Pakhtoonkhwa’. Good Governance by restricting the size of the Cabinet in to 11 per cent of the members of Parliament and respective Provinces. Four seats, one from each province, to be allocated in the Senate for the minorities to increase their strength. Education to each child up to the age of 16 years made compulsory. Formation of the council of common interests revised with prime minister as its chairman. The council should meet at least once in 90 days besides abolition of the Concurrent List. Prime Minister shall keep the president informed on all matters of internal and foreign policy and on all legislative proposals the federal government intends to bring before the Majlis-e-Shoora (parliament). President could use the power of dissolution of the National Assembly when a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly, in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly for the purpose. For the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process. Under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an act of Majlis-e-Shoora (parliament). Restriction imposed on the attorney general for doing private practice. Inexpensive and expeditious justice should be ensured to the people as also the right of access to information without any hurdle. The prime minister shall, in consultation with the leader of the opposition in the National Assembly, forward three names for appointment of the Chief Election Commissioner to a parliamentary committee for hearing and confirmation of any one person. The parliamentary committee, to be constituted by the speaker, shall comprise 50 per cent from the opposition parties, based on their strength in Parliament to be nominated by the respective parliamentary leaders. In case there is no consensus between the prime minister and the leader of the opposition, each shall forward separate lists to the parliamentary committee for consideration, which may confirm one name. The total strength of the parliamentary committee shall not exceed 12 members out of which one-third shall be from the Senate. Provided that when the National Assembly is dissolved and a vacancy occurs in the office of the chief election commissioner, the parliamentary committee shall comprise the members of the Senate only. There shall be no restriction on the number of terms for the offices of the prime minister and chief ministers. Prime minister would advise the president on appointment of the chairman of the chiefs of staff committee and chiefs of three armed forces. The Senate shall consist of 104 instead of 100 members with the addition of one minority member from each province. Working days of the Senate have been increased from 90 to 110. Restriction on a person who has been dismissed from the service of Pakistan, service of a corporation or office set up or controlled by the federal government or the provincial government on ground of misconduct has been lifted. According to this amendment, a person could be elected as MP, three or five years after dismissal from the service. A person shall be disqualified from being elected or chosen as, and from being, a member of parliament if he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the federal government, the provincial government or a local government on ground of misconduct, unless a period of five years since his removal or dismissal; or unless a period of three years has elapsed since his removal or compulsory retirement. The restriction on a person being elected as member of parliament, who has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or integrity or independence of the judiciary of Pakistan, or which defames or bring into ridicule the judiciary or the armed forces of Pakistan, unless a period of five years has elapsed since his release. Chairman of the Federal Public Service Commission would be appointed by the president on the advice of the prime minister. Similarly, chairmen of the provincial public service commissions would be appointed by the governors on the advice of chief ministers. Proclamation of emergency in the province due to internal disturbances would require a resolution from the provincial assembly. If the president acts on his own, the proclamation of emergency shall be placed before both houses of parliament for approval by each house within 10 days. On dissolution of the assembly or completion of its term, or in case it is dissolved under Article 58 or Article 112, a caretaker shall be selected by the president in consultation with the prime minister and the leader of the opposition in the outgoing National Assembly. Similarly, a caretaker chief minister will be appointed in consultation with the chief minister and the leader of the opposition in the outgoing provincial assembly. Proclamation of emergency of the fourteenth day of October, 1999, the Provisional Constitution Order (PCO) No 1, the Oath of Office (Judges) Order, 2000, Chief Executive Order No 12 of 2002, Chief Executive Order No 19 of 2002, the amendments made in the Constitution through LFO, 2002, (Chief Executive Order No 24), the LFO (Amendment) Order, 2002, Chief Executive’s Order No 29 of 2002) and the LFO (Second Amendment) Order, 2002 (Chief Executive Order No 32 of 2002), notwithstanding any judgment of any court, including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect. Judges of the Supreme Court, High Courts and Federal Shariat Court who were continuing to hold the office of a judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order 2000, shall be deemed to continue to hold the office as judge or appointed as such as the case may be, under the Constitution and such continuance or appointment, shall have effect accordingly. Appointment of judges to the Supreme Court, there shall be a judicial commission. For appointment of judges of the Supreme Court, the commission, headed by the chief justice of Pakistan, shall also consist of two most senior judges of the apex court, a former chief justice or a former judge of the Supreme Court to be appointed by the chief justice in consultation with two member judges for a period of two years, federal minister for law and justice, Attorney General for Pakistan, and a senior advocate of the Supreme Court of Pakistan to be nominated by the Pakistan Bar Council for a period of two years. The judicial commission for the appointment of High Court judge, headed by the chief justice of the High Court, would also include two most senior judges of the High Court, provincial law minister, a senior advocate to be nominated by the provincial bar council. For appointment of judges of the Federal Shariat Court, the judicial commission shall also include the chief justice of the Shariat Court and the most senior judge of that court as its members. Article 58-2(b) should be repealed and substituted with “Dissolution of the National Assembly”. The substitution clause says that the president shall dissolve the National Assembly if so advised by the prime minister, and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the prime minister has so advised. Notwithstanding anything contained in Clause 2 of Article 48, the president may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provision of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose. Passing of the bills: Recommended substitution in Article 70 with “introduction of passing of bills”, adding that a bill with respect to any matter in the Federal Legislative List may originate in either house and shall, if it is passed by the house in which it originated, be transmitted to the other house and if the bill is passed without amendment by the other house also, it shall be presented to the president for assent. Bills presented in the house but not passed within 90 days of lying in the House shall be considered in a joint sitting of parliament. Islamabad High Court established and the judges of the Islamabad High Court should be taken from the federal capital and four provinces.
  

Nineteenth Amendment January 1, 2011

• Articles 81, 175, 175A, 182, 213, 246 – Amendment introduced a new system for appointments in the superior courts; the amendment also raised the number of senior judges as members of the Judicial Commission to four. Under the amendment, recommendations for the appointments of ad hoc judges in the superior courts will be made by the Chief Justice of Pakistan in consultation with the Judicial Commission. Moreover, in case of the National Assembly’s dissolution, members of the parliamentary committee will be from the Senate only.
  

Summary of the Past Year

This year, the Arctic has witnessed a lot more cooperation and a lot less conflict. Whereas past years were marked by sovereignty squabbles, boundary disputes, and accusations of airspace intrusions, this year, events took a more peaceful turn. First of all, members of the Arctic council signed the Agreement on Cooperation on Aeronautical and Maritime Search and Rescue in the Arctic in May. Five months later, the first SAR exercise took place in Whitehorse, Yukon, Canada, with over 80 delegates and attendees. The agreement is actually beginning to be implemented, making it a true success story for the Council.

Executives from South Korea and policymakers from the Northwest Territories discussed the possibility of working together so that the former could purchase gas from the latter. The Norwegian and Russian legislatures ratified the agreement made last year delineating the maritime boundary between the two countries in the Barents Sea. This, in turn, opens up the waters to joint oil and gas exploration, which could see technology transfer from Norway to Russia, spurring the development of their offshore resources.

Russia, Canada, and the U.S. also carried out the second ever Vigilant Eagle exercise, a joint affair between the three countries testing their abilities to respond to a terrorist hijacking over the Bering Sea. In 2010, when the exercise was first performed, it was the first live-fly exercise between Russia and the U.S. since World War II, and the first ever between NORAD and Russia. Pushing the “reset” button in Russian-American relations may not yet have been fully successful, but it has worked to some degree in the Arctic. Encouragingly, Canadian and Russian tensions dissolved this year. Relations reached a high point when Canada’s Chief of Defence met with his counterpart in Moscow. More high-level visits also took place, with Norwegian Prime Minister Jens Stoltenberg paying a visit to President Barack Obama in Washington D.C. Though their conversation mostly concerned non-Arctic affairs, they did touch briefly upon the circumpolar north.

Most Unexpected Event

While it was not surprising that more parties than ever were interested in the Arctic, it was surprising where the interest originated. Billionaire Chinese investor Huang Nubo attempted to purchase a large tract of land in northeastern Iceland to develop an ecoutourism resort, but was rebuffed. Facebook and other technology companies like Google set up server farms in the cold northern regions of the Nordic countries. And most recently, UK Member of Parliament Angus Robertson of the Scottish National Party wrote an editorial in the Scotsman calling on Scotland to make a stand in the Arctic and rekindle ties with its northern neighbors like Norway. Robertson represents Moray, a council area on the southern coast of the Moray Firth, an inlet of the North Sea. Moray is actually not that much farther south than southernmost Norway, so perhaps Robertson has a point that the UK, or Scotland at the very least, could be more involved in the Arctic. Finally, the top brass of South Korea’s Korean Gas Company made a trip to Inuvik and Tuktoyaktuk in the Northwest Territories to investigate the possibility of building an LNG terminal. As a country with a large population that is short on natural gas, South Korea dearly needs new suppliers. Likewise, the Northwest Territories can always use more investments in their wealth of natural resources, so the partnership could be a natural one despite the vast distance of the Pacific Ocean separating the two places. While Iceland rejected a Chinese businessman’s attempts to buy property in their country, the issue of investing in natural resources is generally less controversial. Land and territory are sensitive subjects, particularly in the Arctic, where Canada and Denmark are still haggling over Hans Island. Yet Kogas purchased a 20 percent share in a Mackenzie Delta gas field, which Canada permitted. Yet had the company attempted to buy a large amount of land, that might not have been permitted.

Person or Group of People of the Year

The Arctic Council is this year’s group of people for its members’ accomplishment in signing the first-ever agreement under the council’s auspices. The Search and Rescue Agreement, signed by all eight member states of the Arctic Council in Nuuk, Greenland this past May, will coordinate countries’ efforts to aid ships, planes, and other vessels in distress. More work still needs to be done in harmonizing cooperation between all of the countries, but the agreement is a major milestone in the 15 year history of the Arctic Council. As I mentioned before, the first ever SAR exercises took place in October, demonstrating that the eight countries are serious about SAR.

The Arctic Council also grew in the eyes of foreign ministers in all of the Arctic countries this year, especially in the United States. For the first time ever, an American Secretary of State attended the ministerial meeting. Secretary of the Interior Ken Salazar also attended, highlighting the importance of the meeting and esteem of the council in Washington’s eyes.

Forecast for 2012

Next year, even more of the Arctic sea ice will likely be gone in the summer of 2012. This does not bode well for the future of polar bears, subsistence lifestyles, and the environment in general in the Arctic. However, for the shipping industry, it’s good news. In 2012, we can expect more shipping activity in the Arctic, especially along the Northern Sea Route, which Russia is working hard to develop.

The Nordic countries will focus more on social development in the Arctic, using a “People first” approach. The Nordic Council of Ministers’ Arctic Co-operation Programme for 2012-2014 will begin next year, with a yearly budget of six to eight million DKK (approximately $1.08 – $1.45 million). The program’s aim is to promote sustainable development in northern communities in the face of climate change and globalization.

In Canada, work on the High Arctic Research Station will move forward. The facility is scheduled to open in 2014. We can expect its Northern Strategy in the Arctic to remain constant, especially since Prime Minister Stephen Harper will be settling into his sixth year in office. More investment could pour into the country from other Arctic nations, too. For instance, the Danish Ambassador to Canada, Erik Vilstrup Lorenzen, will give a presentation in Aalborg, Denmark in January 2012 about opportunities for Danish companies in Canada’s Arctic.

Russia will also likely have a stable policy in the Arctic, though with Vladimir Putin inevitably returning to office, it is possible that they Kremlin could take a harder line. However, Putin has mentioned his desire to clean up Russia’s Arctic several times this past year, so perhaps the environment could become slightly healthier next year. Russia is also continuing to build ties with other countries in the Arctic. Just yesterday, Foreign Minister Sergei Lavrov met with his Icelandic counterpart, Ossur Skarphedinsson, to discuss the region.

In the United States, one thing we can be sure of is that the country will not be ratifying UNCLOS anytime soon. Other than that, we can expect more of the same: a low-key policy in the Arctic with representatives from Alaska continuing to harp on the federal government to become more involved up north, and to drill. A decision might be made on whether to open ANWR to drilling, too.

The outlying countries and organizations, like China, South Korea, Japan, and the E.U., will press on with their interests in the Arctic. The next Arctic Council Ministerial Meeting will not take place until 2013, so they will not have a chance to re-apply for admission as a permanent observer. However, they will be able to continue engaging in the Arctic, generally through commercial and scientific enterprises.

Finally, the International Polar Year Conference, “From Knowledge to Action,” will take place in Montreal in April 2012. It will conclude the International Polar Year, which actually took place over two years from March 2007 – March 2009. It will be one of the largest polar conferences in history, with 3,000 scientists, researchers, and policymakers expected to attend. The public is allowed to register as well. Hopefully, I’ll be able to report from the conference!

Iceland’s Minister of the Interior, Ögmundur Jónasson, rejected Chinese businessman Huang Nubo’s bid to purchase a large tract of territory in the northeastern region of the country. Huang had sought an exemption from an Icelandic law which prohibits nationals from outside the European Economic Association from purchasing large amounts of land. Huang wanted to purchase and develop a 115 square mile parcel of land in Grímsstaðir á Fjöllum, which would have equalled 0.3% of the country’s territory. He had planned to spend $200 million acquiring the land and turning it into an ecoresort, an investment that could have been beneficial to Iceland’s economy as it recovers from the financial crisis.

Minister Jónasson reasoned that allowing the exemption would have rendered the law meaningless. If Huang had been allowed to buy the land, more individuals and companies might have been encouraged to buy up large portions of Iceland. Furthermore, he defended his decision by emphasizing that it was a company owned by Huang, Zhongkun Investment Group, rather than Huang himself, that sought to purchase the land.

The minister’s rejection of Huang’s bid did not sit well with all parties in Iceland. IceNews reported that Sigmundur Ernir Rúnarsson, a Social Democratic Member of Parliament, called the rejection “crazy,” “deplorable,” and “devastating.” He opined, “I find this a crazy decision by the minister who, in his intransigence, is probably unfit to take this decision in light of the declarations he has made on the case in the lead up to the decision. Quite apart from that, there are at least 25 precedents for cases of this kind. This is a deplorable message to the people outside the capital region where there is a need to distribute the tourism industry better across the country and better across all times of year — and this is a devastating message to send out into the world to investors who are eyeing the country.”

Social Democrats were more in favor of allowing the purchase to go forward, while Left Greens, the party of Jónasson, were against it. The Left Green Movement is more liberal than the Social Democrats and is also against EU membership. (By the way, if you’re interested in seeing what an Icelandic MP’s website looks like, check out Rúnarsson’s page here: http://www.sigmundurernir.is/. It’s quite similar to your American politician’s standard website, with information about his policies, upbringing, and family.)

John Haukur Hauksson, a landowner in Grímsstaðir á Fjöllum who was trying to sell his land to Huang, said, ”I am not satisfied with the way this matter was done. This administration is unbelievable.”

The rejection of a Chinese attempt to purchase a sizable portion of Icelandic territory demonstrates that Iceland values its territorial sovereignty. More importantly, the Left Greens do not trust Chinese investors to acquire their land. They do not see China as a completely harmless partner in Iceland’s development. This episode could bode ill for future plans for cooperation between the two countries in the Arctic.

In an interview with China Daily, Huang made his displeasure with the decision clear. “The denial reflects the unjust and parochial investment environment facing private Chinese enterprises abroad,” he criticized. Huang will no longer pursue any investments in Iceland and does not plan to challenge the government’s decision. Instead, he intends to take his investment plans to Finland, Sweden, and the U.S., where he hopes to find a friendlier environment for foreign investors. Huang told YLE, a Finnish newspaper, ”If I make the decision to invest, I want to buy the land as well…After my experience in Iceland, a few hectares would be enough. But if the investment climate in Finland is as hostile as it is in Iceland, I will give up on the idea.”

It would be ironic if Finland does not allow Huang to purchase land, given that its government was upset last year over a Russian decision to ban foreigners from owning land within Russia along the 1,250 kilometer Finnish border.

News Links

 ”Chinese investor’s Iceland resort construction bid rejected by minister,” IceNews