Zulfikar Ali Bhutto introduced seven key amendments between 1973 and 1977, reshaping the Constitution of Pakistan.
Zulfikar Ali Bhutto, Zia ul Haq, Benazir Bhutto (from top left), Nawaz Sharif, Perviaz Musharraf, Shehbaz Sharif (from bottom left). Photos: Archive
The 52-year history of Pakistan’s Constitution is marked by numerous changes, in which both democratic and military regimes have introduced amendments. In total, 26 constitutional amendments have been formally enacted.
During military regimes, the Constitution was repeatedly altered by presidential orders and decrees. General Ziaul Haq issued dozens of constitutional orders (some analyzes count as many as 97 changes to the suspended Constitution), while General Pervez Musharraf introduced more than 30 amendments and legal orders during his tenure. These interventions significantly impacted the federal democratic framework established in 1973.
The 1973 Constitution, although hailed as an important achievement, has undergone substantial modifications over time. Between its adoption and 1977, former Prime Minister Zulfikar Ali Bhutto introduced seven amendments, making crucial changes to several articles. These changes shaped the constitutional landscape and reflected evolving political and legal realities in Pakistan.
The evolution of the Constitution highlights the current 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 set of amendments just a year after its adoption. In 1974, three consecutive constitutional amendments were approved, which significantly altered the original framework.
The first amendment made changes to 17 articles of the Constitution.
The first amendment, passed in 1974, made changes to 17 articles of the Constitution. It included not only the provinces, federally administered areas, and annexed territories under the federal system, but also citizens constitutionally mandated to form and join political parties and disclose their parties’ 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 Muhammad (PBUH) as non-Muslims.
The third amendment further expanded the powers of the government to arrest persons involved in activities against the integrity and security of the country. It increased the duration of detention from one month to three months for people found to be involved in anti-state activities.
The Constitution then underwent major amendments in 1975 and 1976, including changes to the terms of office of senior judiciary and the exclusion of certain laws from constitutional review.
Amendments set retirement age for SC judges
The fourth constitutional amendment, approved in 1975, introduced modifications to the first schedule of the Constitution. It also modified paragraphs one and two of article 8, exempting presidential orders, regulations, federal laws, presidential ordinances, provincial laws and regulations from being challenged under the constitutional framework.
In 1976, two further amendments were introduced, defining the terms and conditions for appointments to the highest courts. The Fifth and Sixth Amendments fixed the retirement age of Supreme Court judges at 65 years, while the age of chief justices of high courts was set at 62 years. Furthermore, the term of the Chief Justice was set at five years, while the Chief Justice would serve for four years.
An important provision also included that the most senior judge would no longer be automatically appointed chief justice of either court; instead, a selection would be made among the judges for the position.
The last constitutional amendment during Zulfikar Ali Bhutto’s tenure in 1977 introduced the referendum process to seek a public vote of confidence in the prime minister, along with procedures for its conduct.
Following the Bhutto government, General Ziaul Haq, who came to power through a military coup, made major amendments to the Constitution in 1985 and 1987. These changes altered 27 sections of the Constitution, effectively reshaping Pakistan’s constitutional framework.
During his rule, General Zia issued numerous constitutional orders (some of them later consolidated through the Eighth Amendment) granting constitutional protection to presidential orders and martial law regulations, giving the military lasting influence in 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 calendar of general elections, extending the interval from three to four years.
In 1991, the 12th Constitutional Amendment established the Special Court and the Supreme Court of Appeals, while determining the salaries and benefits of judges.
Nawaz Sharif’s second term
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 that had previously been taken away by the 8th Amendment. Amendments were also made to Articles 58, 101, 112 and 243. In addition, the 14th Amendment of the same year introduced Article 63A, which imposed disqualification for voting against party 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 establishing a 40-year age limit for public sector jobs.
Musharraf’s constitutional changes
In 2002, during Musharraf’s military regime, Parliament passed the 17th Constitutional Amendment, which gave the military leader the power to dissolve Parliament at will. The amendment also introduced changes to article 41, detailing the procedure for the presidential vote of confidence. Furthermore, he made consultation with the prime minister a constitutional requirement for the appointment of military chiefs.
Musharraf, who had suspended the Constitution, introduced multiple constitutional changes through the Legal Framework Order (LFO) and other decrees. The democratic government later repealed them through the 18th Amendment.
The 18th Amendment, enacted under the Pakistan People’s Party during its tenure, is considered the most important constitutional reform made 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 for appointing the Chief Electoral Commissioner, and introduced reforms related to the appointment of military chiefs.
Furthermore, the 19th Amendment further clarified the role of the parliamentary committee in the appointment of judges to the Supreme Court and High Courts, strengthening judicial independence and oversight.
The 20th Amendment expanded the powers of the EC
The 20th Constitutional Amendment expanded the powers of the Electoral Commission, establishing it as an independent body. During former Prime Minister Nawaz Sharif’s tenure between 2013 and 2017, the government focused on combating growing terrorism through the 21st Amendment. This amendment modified article 175 of the Constitution for two years, allowing for the rapid trial of persons involved in terrorism, subversive activities and foreign financing crimes.
In 2016, the 22nd Amendment defined the term limits of the chief election commissioner and other members of the Election Commission, adding clarity to the electoral process. The 23rd Amendment of 2017 repealed the temporary provisions introduced under Article 175, marking the conclusion 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 important judicial reforms.
The amendment established the Judicial Commission and the Judicial Council, formalized the formation of constitutional benches in the Supreme Court and set three-year term limits for the Chief Justice of Pakistan.
This amendment also changed the CJP’s selection process, with a 12-member parliamentary committee now appointing the Chief Justice from among the three most senior judges, instead of the previous practice of appointing the most senior judge.
