The amendment will apply retroactively, thus commuting the sentences for many of the 5,300 inmates currently on death row for drug trafficking. PHOTO: AFP
The 18th Amendment to the Constitution has been seen as a milestone in devolved governance, a developmental impediment and a set of golden opportunities — but as time passes the bumps in the road become ever-more evident. Each of the provinces has a range of natural resources which in theory should be used for the good of all on an equitable basis, but in practice there are long-standing and unreconciled differences about who gets what — especially who gets the profits. The provinces are now seeking implementation of the powers granted to them under the 18th Amendment to exercise their joint, equal and individual powers of control over oils, gas and other mineral reserves that lie within provincial borders. They also want there to be a review of the government’s petroleum policy that it is claimed is stagnating investments.
The wish-list is complex and there is no single solution quickly implemented. That the provinces have a Constitutional entitlement under Article 172(3) is undeniable and the Council of common Interests (CCI) is now drawn in to take a decision at its forthcoming meeting. It will first have to pass through the filter of the Inter-Provincial Coordinating Committee which is already considering a slew of complaints against the Centre for an alleged range of violations of Constitutional provisions.
Detail aside the big picture is that the Centre is unwilling to relinquish its grip as per the 18th Amendment. This can only harm the interests of all, federal and provincial, in the long run. By clinging on the Centre is fostering disharmony in the provinces, discouraging inwards investment and hobbling development in provinces where the need is dire and urgent — Balochistan being a prime example. This is myopic and ill-thought-through. The 18th Amendment truly was revolutionary — but the revolution was short lived in some instances with the energy sector being one of them. The government cannot have its cake and eat it as the saying goes. The provinces have an incontrovertible entitlement, and they have our support.
Published in The Express Tribune, September 19th, 2017.
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