Q. No. 6. How far 18th amendments will transform the existing federal system in Pakistan? (2019-I)
1.Decentralization of Power
Decentralization of power, as facilitated by the 18th Amendment to the Constitution of Pakistan, denotes the process of redistributing authority and decision-making from the central government to subnational entities, particularly provinces. This transformative aspect of the amendment aimed to address historical grievances regarding the concentration of power at the federal level and to promote greater regional autonomy and self-governance.
Through decentralization, provinces in Pakistan gained increased control over various aspects of governance, including legislative authority, fiscal management, and administrative functions. The amendment transferred several subjects from the concurrent legislative list to the exclusive jurisdiction of the provinces, empowering them to enact laws and formulate policies on matters such as health, education, agriculture, and social welfare. This shift in authority has allowed provinces to tailor policies and programs to local needs and priorities, fostering a more responsive and accountable governance structure.
Furthermore, decentralization has facilitated the devolution of administrative functions and decision-making processes to provincial and local governments, enhancing efficiency and effectiveness in service delivery. Provinces now have greater authority over the management and utilization of their natural resources, revenues, and finances, enabling them to pursue development initiatives and address socio-economic challenges more effectively.
The decentralization of power under the 18th Amendment has also contributed to a more balanced federal system in Pakistan, with a clearer delineation of roles and responsibilities between the federal and provincial governments. This has promoted cooperative federalism, wherein provinces collaborate with the central government on issues of national significance while exercising greater autonomy in matters within their jurisdiction.
Overall, decentralization of power through the 18th Amendment has been a significant step towards democratization and governance reform in Pakistan. By empowering provinces with greater autonomy and decision-making authority, the amendment has laid the groundwork for more inclusive and responsive governance structures, better equipped to address the diverse needs and aspirations of the country’s diverse population.
2.Provincial Autonomy
Provincial autonomy, as envisioned by the 18th Amendment to the Constitution of Pakistan, refers to the increased power and authority granted to provincial governments to govern their respective regions independently within the framework of the federal system. This aspect of the amendment aimed to address historical grievances regarding centralized governance and promote greater self-governance and decision-making at the provincial level.
The 18th Amendment significantly enhanced provincial autonomy by devolving a wide range of subjects and functions from the federal government to the provincial governments. These devolved subjects include areas such as health, education, agriculture, social welfare, and local government, among others. By transferring legislative, administrative, and financial powers to the provinces, the amendment empowered them to formulate policies, enact laws, and manage resources according to local needs and priorities.
One of the key elements of provincial autonomy is fiscal decentralization, which grants provinces greater control over their finances and resources. The 18th Amendment introduced measures to enhance fiscal autonomy by increasing the share of provinces in federal revenues and granting them authority over certain taxes and revenue streams. This allows provinces to mobilize resources, allocate funds, and undertake development projects independently, reducing dependency on the federal government.
Provincial autonomy has also led to the empowerment of local governments within provinces, enabling them to play a more active role in governance and service delivery at the grassroots level. The amendment strengthened the institutional framework for local government by devolving administrative functions, financial resources, and decision-making authority to elected representatives at the district and municipal levels.
Furthermore, provincial autonomy has facilitated greater representation and participation of provincial governments in national decision-making processes. Provinces now have a stronger voice in federal forums, such as the Council of Common Interests (CCI), where issues affecting provincial interests are discussed and decisions are made through consensus.
Overall, provincial autonomy under the 18th Amendment has transformed the governance landscape in Pakistan by empowering provinces with greater authority and responsibility. By promoting decentralization, fiscal autonomy, and local empowerment, the amendment has laid the foundation for more inclusive, responsive, and accountable governance structures, better equipped to address the diverse needs and aspirations of the country’s regions and populations.
3.Strengthening Democracy
Strengthening democracy, as facilitated by the 18th Amendment to the Constitution of Pakistan, denotes the enhancement of democratic principles, institutions, and practices aimed at promoting greater accountability, transparency, and participation in governance. The amendment introduced several reforms to bolster democracy and parliamentary supremacy, marking a significant step towards democratization and governance reform in Pakistan.
One key aspect of strengthening democracy through the 18th Amendment was the limitation of presidential powers and the restoration of parliamentary supremacy. The amendment curtailed the president’s authority to dissolve the National Assembly and dismiss the prime minister, thereby reinforcing the role of parliament as the supreme legislative body and center of political authority. This shift restored the balance of power between the executive and legislative branches, ensuring greater accountability and oversight of government actions.
Furthermore, the 18th Amendment introduced measures to strengthen federalism and promote cooperative governance between the federal government and the provinces. By devolving significant powers and resources to provincial governments, the amendment empowered provinces to make decisions on matters within their jurisdiction, fostering a more inclusive and responsive governance structure. This decentralization of power enhanced the representation and participation of provincial governments in national decision-making processes, promoting consensus-building and cooperation among diverse stakeholders.
Moreover, the amendment aimed to strengthen democratic institutions and processes, such as the Election Commission of Pakistan (ECP) and the judiciary, to safeguard the integrity of elections and protect fundamental rights and liberties. The ECP was granted greater autonomy and authority to conduct free, fair, and transparent elections, ensuring the legitimacy of democratic processes. Additionally, the amendment introduced measures to enhance judicial independence and accountability, reinforcing the role of the judiciary as a check on executive power and guardian of constitutional rights.
Another significant aspect of strengthening democracy through the 18th Amendment was the promotion of provincial autonomy and local governance. By devolving powers and resources to local governments, the amendment empowered grassroots communities to participate in decision-making and service delivery, promoting citizen engagement and accountability at the local level. This decentralization of authority fostered greater inclusivity, responsiveness, and accountability in governance, strengthening democratic institutions and processes from the bottom up.
Overall, the 18th Amendment played a pivotal role in strengthening democracy in Pakistan by promoting parliamentary supremacy, federalism, judicial independence, and local governance. By enhancing accountability, transparency, and participation in governance, the amendment laid the foundation for a more inclusive, responsive, and resilient democratic system, better equipped to meet the evolving needs and aspirations of the Pakistani people.
4.Challenges and Implementation Issues
The implementation of the 18th Amendment to the Constitution of Pakistan has encountered several challenges and issues, hindering its full realization and impacting the transformation of the federal system. These challenges stem from various factors, including institutional capacity, political dynamics, inter-governmental relations, and legal complexities.
One of the primary challenges relates to the redistribution of powers and resources between the federal government and provincial governments. While the amendment aimed to devolve significant authority to the provinces, the process of transferring administrative functions, financial resources, and decision-making powers has been slow and uneven. Provincial governments often lack the institutional capacity and expertise to effectively manage devolved subjects, leading to implementation gaps and service delivery challenges.
Inter-governmental relations between the federal government and provincial governments have also been a source of contention and conflict. Disputes over resource allocation, revenue sharing, and jurisdictional boundaries have strained relations between the center and provinces, undermining cooperative governance and hindering policy implementation. Additionally, political rivalries and partisan interests have sometimes impeded collaboration and consensus-building, exacerbating implementation challenges.
Furthermore, legal complexities and ambiguities in the constitutional provisions of the 18th Amendment have created uncertainty and confusion regarding the distribution of powers and responsibilities. The lack of clarity on issues such as concurrent jurisdiction, overlapping mandates, and dispute resolution mechanisms has hindered effective governance and led to protracted legal battles between different tiers of government.
Another significant implementation issue relates to the capacity of local governments to fulfill their expanded roles and responsibilities. While the amendment aimed to empower local governments and promote grassroots democracy, many local authorities lack the resources, expertise, and autonomy necessary to effectively govern and deliver services. Inadequate funding, bureaucratic hurdles, and political interference have hampered the functioning of local governments, limiting their ability to address local needs and priorities.
Addressing these implementation challenges requires concerted efforts from all stakeholders, including the federal government, provincial governments, local authorities, civil society, and the judiciary. Strengthening institutional capacity, promoting inter-governmental cooperation, clarifying legal ambiguities, and enhancing citizen participation are essential for overcoming these challenges and realizing the transformative potential of the 18th Amendment in Pakistan’s federal system.
5.Impact on Inter-Provincial Relations
The 18th Amendment to the Constitution of Pakistan has had a significant impact on inter-provincial relations, influencing dynamics between the federal government and provincial governments as well as interactions among the provinces themselves. The amendment aimed to promote greater autonomy and empowerment of provinces, but it has also introduced challenges and tensions in inter-provincial relations. Here’s how:
- Resource Allocation and Revenue Sharing: One of the key areas where inter-provincial relations are affected is in resource allocation and revenue sharing. With the devolution of certain powers and resources to the provinces, there have been debates and disputes over the distribution of federal funds and resources among the provinces. Disagreements over the equitable sharing of revenues generated from natural resources, such as gas and oil, have led to tensions between resource-rich provinces and others.
- Water and Natural Resource Management: Inter-provincial relations have been particularly strained over issues related to water distribution and natural resource management. Disputes over water rights, especially regarding the distribution of water from shared rivers like the Indus, have been longstanding and complex. The 18th Amendment did not resolve these issues entirely and has, in some cases, intensified disputes between provinces over water allocation and usage.
- Competing Political Agendas: Inter-provincial relations have also been influenced by competing political agendas and priorities of different provincial governments. Provinces often advocate for policies and programs that align with their regional interests and preferences, which can sometimes conflict with the goals of other provinces or the federal government. This can lead to friction and disagreements in inter-provincial forums and decision-making bodies.
- Cooperation and Collaboration: Despite challenges, the 18th Amendment has also fostered greater cooperation and collaboration among provinces on certain issues. Provinces now have more autonomy to pursue policies tailored to their specific needs and priorities, which can create opportunities for shared interests and mutual cooperation. Initiatives such as the Council of Common Interests (CCI) provide a platform for provinces to discuss and resolve inter-provincial issues through dialogue and negotiation.
- Legal and Constitutional Disputes: The amendment has also led to legal and constitutional disputes between the federal government and provincial governments or among provinces themselves. Ambiguities in the distribution of powers and responsibilities, as well as conflicts over jurisdictional boundaries, have resulted in litigation and legal challenges that impact inter-provincial relations and governance.
Overall, while the 18th Amendment has empowered provinces and reshaped inter-provincial relations in Pakistan, it has also introduced complexities and challenges that require careful management and resolution. Balancing provincial autonomy with the need for cooperation and coordination at the national level is essential for fostering harmonious inter-provincial relations and ensuring the effective functioning of Pakistan’s federal system.
