Role Of 18th Amendment In Re-engineering, Evolution & Autonomy Of Provinces

 18th Amendment In "Constitution Of Pakistan"

Eighteenth amendment to the constitution was aimed to make the correction of misbalance of power between federation and provinces and also between parliament and president through Eighteenth (Amendment) Act, 2010. This was considering on of the greatest landmarks in the through history of the state of Pakistan. Two leading political parties from the most populated provinces found a way to lift the powers of the president, and devolved several ministries to the provinces such as health, education, culture, youth, women, tourism, religious affairs, to the provinces. The federal government is left with Defense, foreign affairs, Monetary Policy and control of a few semi government bodies. It has also led to repeal many of the unconstitutional amendment and ordinances.

 The 18th amendment and the 7th N.F.C. (National Finance Commission) award both have contributed towards transfer of powers toward autonomy in, Pakistan, as compared to previous era. They were allowed to formulate policies in the favor of their interest and were also allowed to make projects of these spheres by knowing the best of their interest. By this amendment the Council of Common Interests, allowed the provinces to coordinate one another in matters like public health and that of, education. The current study is an analysis, on the role and significance of eighteenth amendment in reengineering and evolution of provincial autonomy.

The purpose of this study is not only to examine federalism, and provincial autonomy but also its implementation process, by which the ministries have been devolved to the provinces and also examine critically their functions after devolution. This paper also sheds light on the success and controversies that eighteenth amendment has faced yet.

Pakistan, since it came into being is a federation. Theoretically, “federation is a form of government, in which sovereign power, is formally divided between a central authority, and a number of constituent regions, so that each region retains some degree of control over its internal affairs”. Contradictory to the above statements, in Pakistan, federation in Pakistan could not successfully bring federation-provinces harmony. Since the inception of Pakistan federation -provinces relationship is facing great stress. Even in fourteen pivots and resolution of demand for Pakistan, the founders made clear it that would be a federal state with independent units.

 The objective resolution under article 2(A) also made its one of the most important objectives as to the structure and mechanism of the government that it would be a federation with autonomic units. “It took her almost 9 years to frame its very first constitution but before this, she adopted Indian act 1935 as an interim constitution, to run the affairs of nascent government with some of the amendments..

It was considered that the Act of 1935 would be adopted for a very short span of time and would wait till it formulate its own constitution, but it took almost a decade, to frame its very first constitution” (Khan, 2001: pp.884-89). However, it formulates its first constitution which was promulgated on 23rd March,1956 but soon it was abrogated too. Later on, it formulated its second constitution in 1962 which was also abrogated soon with a very a short span of time of its promulgation.

 In both constitutions the center was given more strength, power and prestige which made the situation critical. In the Ayyub’s regime, Pakistan had been structured a highly centralized state which was proved a disaster for the country. Meanwhile, the relationship with the East Pakistan further worsened the situation. Resultantly, the state divided into two after the period of 24 years -16 December ,1971. This was the result of denial for the provincial autonomy which east Pakistan was claiming as a matter of right. After the separation of east Pakistan, the framers got realized, the importance and significance of provincial autonomy.

Then the 3rd constitutional document of 1973 projected, federal state system, but this time, the framers assigned an additional political- administrative and financial powers to provinces as compared to previous two constitutional documents. It has also passed through various amendments, since it has been enforced. The Eighth Amendment passed in 1985, had introduced Article 58(2)(b) whereby the president was awarded with the power to dissolve national assembly. 13th amendment again restored the power to P.M. Which was later on, snatched by General Pervaiz Musharraf-military dictator through 17th amendment by restoring 58(2)(b). Finally, eighteenth amendment of the Constitution of Islamic of Pakistan was passed by the National Assembly of Pakistan with great majority on April 8, 2010 turning the it from a semi-presidential to a parliamentary republic and became an act of parliament later on. The package is expected to defeat the tyrannical powers of military dictators.

 It was exemplified for the very first time in the whole history of Pakistan, that a president had deliberately given his powers to ensure complete supremacy of law and democracy. The one of the greatest legacies of the 18th Amendment, was with regards to its restructuring mechanism, of the National Finance Commission (NFC) award and restoration of C.C.I in original form and hence opened ways for the evolution and reengineering of provincial autonomy.

 However, critics of the 18th Amendment believed that by restraining the federal government from limiting the resources assigned to the provinces, the 18th Amendment has limited expenditure, for the single biggest priority for the state of Pakistan which is national security of the country. They believe that on this sector no compromise could be made in any case.

Eighteenth amendment has attempted to correct the misbalance of powers and devolved many of the powers from center to the provinces. However, two areas appeared to be problematic one is practical devolution and other is with regards to funds sharing arrangements between federation and provinces. These would ultimately result in higher threat to the federation provinces relationship.

  To have an overview on the impact of 18th amendment and changes brought to the, constitution It is made to persuade, federal and provincial governments, by analyzing the historical manifestations  To enquire the working bond between the center and provinces- before and after the commencement of 18th amendment act 2010. To investigate the significant and vibrant nature of delegation of powers from center to the provinces. And to find out the issue that provinces faced due to, intense centralization before the promulgation of 18th amendment.

 Different questions raised "Evolution of political system of Pakistan in context of constitutional supremacy?.  Eighteenth amendment a way forward towards the prosperity of developed democratic state?.  How eighteen amendment helped provinces in their mutation and reengineering in their governmental system?. Difficulties in the way of enforcement of eighteenth amendment?" 

 Predominantly, the literature on the role of 18th amendment on restructuring provincial autonomy has many extents for analyses. A lot of references the nature of which is scattered and dispersed one, are available about the re-engineering and evolution of provincial autonomy after 18th amendment and are available in books form. Some of the related material is appropriately available in biographies and autobiographies, of political figures. But the specific and particular reference about the concerned topic is available under the text of constitution of Pakistan 1973 and different law.

 In supreme court, CONST.PETITIONS NOS.11-15,18-22,24,31,35-37,39-44/2010, in which it upheld 18th amendment and praised legislative assembly for making law strong. Asma Faiz (2015) in her book; Making federation work: Federalism in Pakistan, after the 18th Amendment, that provinces are encountering glitches because of not transferring the assets and the institutions from federation. The matter of being the foremost importance, should be resolved for the first instance.

Mahboob Hussain (2011) in 18th amendment to the constitution of Pakistan: success and controversies discusses, the purpose and impact of not less than all challenges in constitution regarding various aspects i.e. rights and liabilities transfer of power and ministries, election process president as a figure head and appointment of judges Having observed the controversies and achievement of eighteenth amendment, a review is made a subject of discussion. Conference and Research reports on Devolution:

Eighteen amendment to the constitution brings autonomous status of the provinces, demolishes presidents’ power, re-envisaging judicial appointments, selection of an election commission. It is an attempt to face the challenges that hinder in the way of sustainable democracy. The amendment aimed for the redressal of grievance for the worst political experience of more than three decades, dictatorship, strong centralized structure. Hence

it predicts sustainable and strong future of the country, UNDP (Strengthening Participatory Federalism and Decentralization, 2010), After 1973 constitution being promulgated, still some defected and distributed areas left regarding devolution process which was cured by eighteenth amendment. However, still some more period is required for efficient mechanism for managing and improving federal and provincial and local government. The need of the hour lies in complete obedience of the provisions of law of the state particularly by federal and provincial governments.

 Bhatty, M. M., (Indicators of Inclusive Growth in Pakistan, 2010) indicates that 18th amendment is a milestone in the throughout constitutional history of Pakistan. It has, increased the confidence at provincial level and has ensured provincial autonomy than ever before. “Mikhail Filippo, in Riker and Federalism in (2005)”, asserts that federalism is the result of two factors. One is the confidence of federating units on strong central government and second is devolution, of political and economic power to sub-units.

Research becomes operational when it comes with clear and significant methodological framework. While in the performance of research I will support it by the relevant data collected from various sources. The primary source is without doubt, the constitutional document -the constitution of Islamic Republic of Pakistan 1973 after 18th amendment and the secondary data would be supposed to be collected from various articles booklets, supreme court’s decisions. While in writing this research, I will recourse to descriptive and explanatory technique, so, I may expound my study. And to prove I will rely upon relevant laws and legal constitutional concepts relating to my study and by empirical and conceptual method. And if my study demands so, I will adopt other methods too.

The plan for the research is categorized into the following mentioned chapters: The first chapter of the dissertation is an introductory one, which deals with the scope, purpose and salient features of “eighteenth amendment, to the constitution of Islamic republic of Pakistan”.

 The second chapter deals with the history-centralization towards provincial autonomy. Complete but brief historical perspective from Pakistan resolution, objective resolution ‘Indian act 1935 constitutions of 1956 ,1962 ,1973 and 18th amendment to the constitution of 1973, with respect to the tilt from federation towards provincial autonomy would, be discussed. The third chapter of this work attempts to the phases of devolution of power to provinces after 18th amendment.

The fourth chapter of this work is an endeavor to impact of 18th amendment. The fifth chapter deals with the success and controversies of eighteenth amendment.

The sixth chapter is conclusion and various valuable suggestion.

 As discussed earlier, 18th amendment has smoothened way for democratic rules and regulations and jammed out all other possible ways for undemocratic, illegal usurper. To provincial subject, it requires practical enforceability and imposition which will surely embark away the existing conditions of provinces towards compassion and prosperity and this needs practical and feasible approaches towards solution. Hence the study will help in tackling the said discrepancies and will lead toward the prosperity which was intended.