The 18th Constitutional Amendment: A Case Study of FATA

Abstract

A constitution includes the fundamental principles by which a state and its territories are governed. An amendment in a constitution addresses emerging realities. The 18th Amendment in the Constitution of 1973 of Pakistan, made in April 2010, is considered to be the most important and comprehensive amendment since the adoption of the original constitution. It has curtailed the powers of the president of Pakistan; restored the federal system of government and devolved power from centre to the provinces. In this landmark amendment there are 102 clauses but none relate to FATA. Yet the FATA members voted in favour of the said amendment. While exploring the constitutional history of FATA, this paper tries to delve into the causes of constitutional injustice to the region. It examines the amendments in Frontier Crimes Regulation (FCR) and questions how constitutional governance can be established in FATA so that people there can enjoy similar rights as enjoyed by the citizens of Pakistan.