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Different provisions of 18th amendment in constitution of Pakistan has been challenged before the Supreme Court of Pakistan. The petitioner Chairman Wattan party Barrister Zafarullah Khan contended that he filed a constitutional petition against the violations of basic structure and theory of powers between the three pillars of state. Barrister Zafar stated that article 17(2)(4) has been deleted in the favour of dynastic politics, which makes inter-party election of party leaders mandatory.
He said after the deletion of this article there was no room left for party members to vote according to their conscience or in interest of people. Article 58(2)(b) has been deleted by President in favour of democracy, but now the head of party was better placed than the President of Pakistan the petitioner added.
Petitioner pointed out, "It has made the office of Prime Minister very strong seemingly and President to act on his advice but on the other hand Prime Minister or other MNAs have to act under wishes of head of political party". Petitioner also challenged the judicial commission, introduced under 18th amendment, for the appointments of judges in higher and superior judiciary.
He said many changes and amendments were collusive and mala fide because both major political parties believed in give and take policy. The two times prime minister wanted to have removed restriction on third term of the PM and the President did not want to lose his option under article 58 (2)(b), but he being head of political party got a deal for his taste. He, therefore, prayed to the court to set aside the final decision by parliamentary committee in judges' appointment being against the independence of judiciary. He also prayed to the court to set aside the amendment regarding not holding inter-party election. Moreover, all the amendments against the solidarity of Pakistan must also be struck down.

Copyright Business Recorder, 2010

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