Second Amendment to the Constitution of Pakistan

Second Amendment to the Constitution of Pakistan
Name	Second Amendment to the Constitution of Pakistan
Enacted by	National Assembly of Pakistan
Signed date	7 September 1974
Promulgated by	Fazal Ilahi Chaudhry
Introduced by	Zulfiqar Ali Bhutto
Status	in force

Second Amendment to the Constitution of Pakistan The Second Amendment to the Constitution of Pakistan is a 1974 constitutional measure that legally defined Muslim identity for purposes of Pakistan's constitutional law, citizenship, and political eligibility; it arose amid tensions involving the Ahmadiyya movement, religious parties such as the Jamaat-e-Islami and political leaders including Zulfiqar Ali Bhutto, and state institutions like the Parliament of Pakistan and the Supreme Court of Pakistan. The amendment was enacted during the tenure of the National Assembly of Pakistan and the civilian presidency of Fazal Ilahi Chaudhry after high-profile events including the 1974 Anti-Ahmadiyya riots and diplomatic pressures involving countries such as Saudi Arabia.

Background and Adoption

The political context combined pressures from religious organizations including the Majlis-e-Ahrar-e-Islam, Jamaat-e-Islami, and the Aalmi Majlis Tahaffuz Khatm-e-Nubuwwat with actions by politicians like Zulfiqar Ali Bhutto, state actors such as the Pakistan Army, and parliamentary figures in the National Assembly of Pakistan. International actors including the Organisation of Islamic Cooperation and influences from Saudi Arabia and Iran were cited in contemporaneous accounts; incidents like the 1974 Anti-Ahmadiyya riots and petitions in the Supreme Court of Pakistan spurred negotiations that led to tabling of a constitutional amendment in the Islamabad legislature. The amendment’s drafting involved legal advisors, members of the Law Ministry of Pakistan, and parliamentary committees modeled on procedures of the Constitution of Pakistan (1973), culminating in a resolution debated amid demonstrations organized by groups allied with the Khatm-e-Nubuwwat movement.

Text of the Amendment

The formal text, incorporated as the Second Amendment to the Constitution of Pakistan (1973), inserted a definition into the constitution specifying the term "Muslim" and excluding members of the Ahmadiyya movement (also known as Ahmadiyya Community). The amendment altered constitutional language alongside articles addressing qualifications for public office found in provisions influenced by earlier constitutional provisions from the Objectives Resolution and legal formulations discussed by scholars associated with universities such as the University of Karachi and the Punjab University. The amendment’s wording became a touchstone in subsequent legal disputes adjudicated by the Supreme Court of Pakistan and lower courts including the Lahore High Court.

Legislative Process and Voting

The Second Amendment was moved as a resolution in the National Assembly of Pakistan and required a two-thirds majority under procedures set by the Constitution of Pakistan (1973). Debates involved members of parties including the Pakistan Peoples Party, Pakistan Muslim League (Nawaz), and opposition figures from the Jamaat-e-Islami parliamentary faction; presiding officers such as the Speaker of the National Assembly oversaw proceedings. Voting records show cross-party alignments influenced by political leaders such as Zulifqar Ali Bhutto and clerical endorsements from figures associated with religious seminaries like the Darul Uloom Deoband tradition and assemblies of ulema. Parliamentary ratification followed committee reports from bodies drawing on legal advice from the Ministry of Law and Justice (Pakistan).

Legal and Constitutional Effects

Legally, the amendment reclassified Ahmadis in terms of constitutional recognition, affecting eligibility for offices defined under articles concerning the presidency and parliamentary membership and intersecting with laws such as provisions later mirrored in the Pakistan Penal Code and procedural changes in the Criminal Procedure Code as applied by courts like the Islamabad High Court. The amendment prompted statutory and administrative actions by institutions including the Election Commission of Pakistan and the Federal Public Service Commission concerning attestations and oath requirements. It also shaped jurisprudence in the Supreme Court of Pakistan when litigants raised questions under fundamental rights guarantees in the Constitution of Pakistan (1973).

Impact on Citizenship and Minority Rights

The classification introduced by the amendment affected social and civil status for members of the Ahmadiyya community, influencing interactions with bodies such as the Federal Investigation Agency for identity documentation and impacting educational institutions including the University of Punjab and medical colleges with respect to admissions and employment. Human rights organizations like Amnesty International and Human Rights Watch and domestic groups such as the Human Rights Commission of Pakistan registered concerns about implications for minority protections under international instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The change influenced communal relations in provinces like Punjab (Pakistan), Sindh, and Khyber Pakhtunkhwa and contributed to migration and asylum claims heard by foreign authorities including courts in the United Kingdom and Canada.

Subsequent Amendments and Judicial Review

Later constitutional and legal developments, including measures enacted during the governments of figures like Muhammad Zia-ul-Haq and later legislative changes debated under leaders such as Nawaz Sharif and Pervez Musharraf, engaged with the amendment’s legacy. Judicial review petitions were filed in the Supreme Court of Pakistan and high courts, invoking precedents from landmark cases published by courts including the Lahore High Court; rulings interpreted the amendment alongside constitutional principles derived from the Objectives Resolution and earlier case law such as decisions involving electoral qualifications. International legal commentary from institutions like the International Commission of Jurists examined the amendment in reports on Pakistan’s constitutional evolution.

Political and Social Reactions

Political responses ranged from endorsements by religious parties including Jamaat-e-Islami and activists in the Khatm-e-Nubuwwat movement to criticism from opposition leaders in the Pakistan Peoples Party and civil society activists affiliated with the Human Rights Commission of Pakistan and academic critics from institutions such as the Quaid-i-Azam University. Social repercussions included protests, press coverage in outlets like the Dawn (newspaper) and The News International, and commentary by clerics from seminaries such as the Jamia Binoria and political mobilization by student organizations including the Islami Jamiat-e-Talaba. International reactions featured diplomatic statements from governments including United Kingdom and international bodies such as the United Nations.

Category:Constitution of Pakistan Category:1974 in Pakistan