The Eighth Constitutional Amendment, passed quietly in the middle of the night, has been a source of controversy in Pakistan’s political history. It has caused problems for many elected Prime Ministers, changing the way the country was governed in ways that many saw as unfair. Brought in during General Zia-ul-Haq’s rule, the amendment gave the President the power to dissolve Parliament and remove elected governments whenever they wanted. As a result, several Prime Ministers were suddenly removed from office before completing their terms, all because of this amendment that was originally meant to bring stability.
Dr. Farooq Hasan, a prominent legal expert, reflected on the thoughts and intentions of General Muhammad Zia-ul-Haq, the then-President of Pakistan, during the crucial period following the general elections of 1985. In an article he penned for the special edition of Jang daily on February 24, 1993, Dr. Hasan shared insights into Zia’s reasoning for issuing the Revival of the Constitution Order (RCO). According to Hasan, Zia saw the RCO as a necessary measure to ensure stability and guide the country towards a more controlled and balanced democratic system.
Dr. Hasan further wrote that General Zia said, “I have kept the stone of parliamentary government on my chest with great difficulty, people go by his name, I will also give him this name, I am I want the Prime Minister to wave my stick and make the line appear.”
General Zia-ul-Haq announced that general elections would be held by March 31, 1985. Sticking to the plan, the elections took place on February 25 for the National Assembly and on February 28 for the provincial assemblies. Once the elections were over, General Zia took a significant step on March 2, 1985. He issued the Revival of Constitution Order (RCO), also called ‘Presidential Order No. 14.’ This order played a key role in reshaping Pakistan’s political structure during that time.
Under General Zia-ul-Haq’s Revival of Constitution Order (RCO), the method for amending the Constitution required approval from a two-thirds majority of the National Assembly, the Senate, and all four provincial assemblies. However, there was a catch: if even one provincial assembly rejected the amendment, it would be canceled. This gave every provincial assembly the power to veto any constitutional changes.
Haji Saifullah, commenting on this process, believed it was flawed. In his opinion, “this method only opens the door to breaking the Constitution, not amending it,” highlighting the challenges this approach posed for making meaningful changes to the law. The opposition raised strong objections, questioning how the proceedings could move forward without copies of the bill being distributed, which went against parliamentary traditions. Haji Saifullah pointed out that the bill essentially stated, “From July 5, 1977, until today, we approve all actions taken under martial law, and even after martial law ends, with no clear date set, we approve everything that happens under it.”
Haji Saifullah continued raising objections throughout the session, effectively preventing the bill from being presented, even though the meeting went on until 11 pm. The next morning, he suggested that the bill be shared for public feedback. His arguments on constitutional and legal grounds were so convincing that the government decided to adjourn the meeting for 20 days.
At this point, it’s important to also consider the government’s stance and the perspective of the then Law Minister, Iqbal Ahmed Khan, to understand how the entire plan for the Eighth Amendment came into place and where the original draft presented in the House originated from.
Article 270 A stated that after September 30, 1985, no martial law would be enforced, except for its official lifting. In effect, martial law was practically ended that very night.At 4:04 a.m., the Eighth Constitutional Amendment Bill was passed, and it was agreed that the following day, after the bill’s passage, the President would address the National Assembly and announce the official end date for martial law.
This agreement was a result of discussions between the Azad Parliamentary Group and General Zia’s team, which included Attorney General Aziz A. Munshi, Dr. Mahbubul Haque, and Khaqan Abbasi. This written understanding marked a key moment in bringing martial law to an end in Pakistan.
Mumtaz Tarr, an active member of the Independent Parliamentary Group, was a key figure in opposing the Eighth Constitutional Amendment in Parliament. He played a significant role in challenging President Zia-ul-Haq’s efforts to gain excessive powers through this amendment.
In a recent conversation, Mumtaz Tarr shared his views, stating, “I believe that the powers granted to the President by the Eighth Constitutional Amendment went against the spirit of Pakistan’s Constitution. It effectively shifted the country from a parliamentary system to a presidential one. As a result, no government since then has been able to complete its term, and true democracy has struggled to take root in the country.” Tarr’s stance highlights the long-term impact of the amendment on Pakistan’s political landscape.
Salim Bukhari notes that one of Zulfiqar Ali Bhutto’s greatest achievements in creating the 1973 Constitution was the broad consensus he built, making the Constitution acceptable even to his fiercest political opponents. Bhutto empowered the Prime Minister, staying true to the principles of parliamentary democracy.
However, General Zia-ul-Haq undid this progress. According to Bukhari, “Zia destroyed what was achieved overnight. Through the RCO, he inserted presidential powers into the Constitution, allowing the President to dissolve assemblies at will. By keeping this power in his own hands, General Zia essentially corrupted the Constitution.”
