Alternatively, these lobbies may be fearing that the smaller provinces would use the Eighteenth Amendment to drift away from the federation, not realising that it was because they were being ruled all these years as colonies from Islamabad, negating the spirit of federalism that the three today seem to be suffering from a massive dose of disillusionment with the federation itself. And that is also why East Pakistan is Bangladesh today. The reluctance of the civil bureaucracy and the apprehensions of influential political elements have made it almost impossible to draft and pass in time, relevant subordinate legislations both in parliament and the respective provincial assemblies so as to keep the smaller provinces from losing patience.
When asked for his quick assessment of the current state of provincial autonomy as allowed by the Eighteenth Amendment, Zafarullah Khan of the Centre for Civic Education of Pakistan, a well-known expert on federalism, appeared rather disappointed, largely because the Council of Common Interests (CCI), in his opinion, has been consigned to the limbo. And he did not seem too hopeful about any improvement in the situation any time soon as he thought the PML-N was too centrist to appreciate the problem, the PTI too ignorant of the demands of federalism and the PPP too lethargic to make the right moves at the right time. Another expert on the subject, Naseer Memon of the Centre for Peace and Civil Society, in one of his recent newspaper articles (“Federal or Provincial”) says: “Thanks to the chicaneries of a haywire federal bureaucracy, CCI has gradually degenerated into a spineless entity for not being able to regulate, supervise and control vital functions accorded by the Constitution. This jeopardises the basic concept and essence of Eighteenth Amendment that aimed at striking a balance of power between centre and the federating units.”
Indeed, Article 154 of the Constitution is unambiguous: “The Council shall formulate and regulate policies in relation to matters in part II of the Federal Legislative List and shall exercise supervision and control over related institutions.” The subjects in question include water and power, petroleum and natural resources, railways, ports, industries and production and inter-provincial coordination. Another big hurdle in the way is the extension given to Article 143, which empowers the federal legislature to overturn with a simple majority any law passed by any provincial assembly.
The Eighteenth Amendment renders redundant a number of federal ministries while increasing the administrative responsibilities of the provinces in equal measure. But the federal government is yet to abolish the redundant ministries and the provinces are yet to receive the powers that the amendment has mandated. In fact, instead of abolishing the redundant federal ministries, the government has created a number of new federal portfolios without the approval of the CCI. These include ministries and departments of information, housing, textile, privatisation, narcotics control, national food security, the Alternative Energy Board, the Evacuee Property Trust Board, the Benazir Income Support Programme, the National Youth Loan Scheme and the Employees Old-Age Benefits Institution.
On the other hand, while the next National Finance Commission Award is due in July next year, regrettably no discussion has been initiated either by the centre or the provinces so far on the subject. To be sure, the increase in the responsibilities of the provinces, especially their responsibilities concerning social and physical infrastructure — education, health, housing, family welfare, potable water, roads, bridges, irrigation water, etc. (and considering their massive backlogs) — demand enormous amounts of resources to meet the huge bill adequately. And unless the provinces tap the real potential of the agricultural income tax and the urban immoveable property tax, it would be well-nigh impossible for them to deliver on this front with any degree of success.
Published in The Express Tribune, December 3rd, 2014.
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COMMENTS (7)
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That Pakistan has the reservoir of people like Mr Ziauddin not only surprises but baffels the foreign observer like me. The first thing the country needs to set up is a team of advisors or wise men who provide their recommendations to the democraticaly elected Government on an annual basis which concerns all areas of the Governance including the countrys economy. The proposal as outlined in the article is an outstanding one and the key to make a cohesive Nation from the different Nations living in different regios of Pakistan. The examples of Germans who all speak German language or of switzerland with more than one language people are the examples to take a lead from.. Both Australia and Canada are countries of immigrants with a chequered history and not the examples for Pakistan.
Rex Minor
"...colonial clutches of Islamabad." What colonial clutches? The Federation is already at the mercy of the provinces, since the Eighteenth Amendment. Look at how when the Federation goes looking after the Thar tragedy, Sindh accuses it of interference. Get real.
Sir, please don't sensationalize this sensitive topic. Islamabad is not some foreign 'colonial' overlord but is a representative govt of all the provinces. There are 101 total seats from Sindh in NA and senate. To strengthen the federation, provinces should learn to work together and formulate laws that are beneficial to everyone rather than devolving everything to their 'homelands'. Also, Punjab should be bifurcated as the Seraikis (who are culturally closer to Sindhis) have long demanded a separate province of their own.
I don't know the details of the 18th amendement, but the general goal of devolving powers to the provinces - and thereby satisfying the requirements of federalism - is extremely important. Despite the complications involved, constant progress needs to be made toward this goal and a sustainable equilibrium must be found between the powers of the center and the powers of the federating units.
timely and very well written article. devolution of power through provincial autonomy and local governments should be as a subject taught in the parliament.
timely and very well written article. devolution of power through provincial autonomy and local governments should be as a subject taught in the parliament.
The 18th amendment will never work. It gives too much power to the provinces on vital national issues (when compared with other federations of the world). Pakistan has become the only federation of the world without central health, education, labour, agriculture etc. ministries. Even Mr. Ziauddin was lamenting in an article a few days earlier that there was no national policy on family planning (not possible now after the 18 amendment). The Centre and provinces would have to re-examine there relationship in a new amendment modeled after other successful federations of the world such as Canada, Australia, EU etc. As far as article 134 goes, Article 268 (1) allows the provincial legislatures to unilaterally repeal any federal law that contravenes the constitution in its view.