Relationship between CENTRE & PROVINCES

 Introduction:
In a Unitary system of Government, the central govt. retains all powers. In a federal system of government there is a
division of powers between the Centre and Provinces. In Federal all matters which are national importance are given
to the Central Govt. while all matters which are of regional importance are allocated to the Provinces. Part V,
Chapter 1, 2 of the 1973 Constitution of the Islamic Republic of Pakistan provides the distribution of powers
between the Centre and Provinces.

 Distribution of Powers:
The powers should be distributed in such a manner that the supremacy of the Centre and the regional autonomy of
the provinces should be preserved.

 Definition of Federation:
Following are the definition of federation:
o According to Hamilton:
“Federation is an organization of states that gives birth to a new union.”
o According to Montesquieu:
“It is convention through which different states organize themselves into a wider union”

 Relevant Provisions:
Article 141, 142, 143, 144, 145, 146, 147, 148, 97 of the 1973 constitution of the Islamic Republic of Pakistan
provides the distribution of powers.

1. Extent of Federal and Provincial Laws: Article 141:

a. Extent of Federal Laws:
Subject to constitution, the Majlis-e-Shoora (Parliament) may make laws (including laws having extra
territorial operation) for the whole or any part of Pakistan.

b. Extent of Provisional Laws:

The provisional Assembly may make laws for Province or any part of the Province.

2. Subject Matter of Federal & Provincial Law: Article 142

Following is the subject matter of Federal and Provincial Laws:

1.1. Exclusive powers of Parliament: Art. 142(A)

Parliament shall have exclusive powers to make laws with respect to any matter in the federal legislative
List. Matters like defense, foreign affairs, currency are given in the federal legislative List and the Parliament
can legislate on them.

1.2. Power of Parliament and Provincial Assembly making Law: Art. 142(b):
Parliament and a Provisional Assembly shall have powers to make laws with respect to criminal law, criminal
procedures and evidence.

1.3. Matters not Enumerated in federal Legislative List: Art. 142(c):

Provincial assembly shall and Parliament shall not have powers to make laws w.r.t. matters not enumerated
in either the federal Legislative List.

1.4. Powers to Make laws for Areas Not Included in any Province: Art 142(d):
Majlis-e-Shoora (Parliament) shall have exclusive powers to make laws w.r.t matters not enumerated in
either of list for such area in federation as are not included in any province.
 3. Inconsistency between Federal & Provincial Law: Art. 143:
In case of inconsistency between federal law and Provincial law, the act of Parliament which Parliament is
competent to enact, then the Act of Parliament, whether passed before or after the act of Provincial Assembly,
shall prevail and the Act of Provincial Assembly shall, to extent of the repugnancy, be void.

4. Power of Parliament to Legislate for one or more Provinces by Consent: Art. 144:
Parliament has power to legislate for one or more Provinces whether passed before or after the Act of the
Provincial Assembly for any matter not listed, by consent of respective Provincial Assembly.

 Administration Relation Between Federation & Provinces:

Following are the administrative relations:
 Power of President to Direct Governors to discharge Certain Functions as his agent: Art. 145
The President may direct the Governor of any province to discharge, as his Agent, such functions relating to such
areas in the Federation which are not included in any Province

 Power of Federation to Confer Powers etc. on Provinces in Certain Cases: Art. 146:
The federation may confer powers on provinces in any matter to which Federation has executive authority with
the consent of Provincial Govt. Federation shall pay necessary sum to Province to cover the administrative costs.

 Power of Provinces to Entrust Functions to Federation: Art. 147

The Provisional Govt. may, with the consent of the Federal Govt. entrust functions in relation to any matter to
which the executive authority of the Province extends.

 Obligation of Provinces and Federation: Art. 148

Following are the obligations of the Federation and Provinces:
o Compliance with Federal Laws: Art. 148(1):
The executive authority of every Province shall be so exercised as to secure compliance with Federal Laws
which apply in that Province.

o Regards to Interest of Province: Art. 148(2):

In Exercise of executive authority of the Federation regard shall be had to interest of that Province.

o Duties of Federation: Art. 148(3)

Following are the duties of Federation.
 Protection Against External Aggression:
It is the duty of federation to protect the provinces against the external aggression.

 Assurance of the Functioning of the Provinces in Accordance with Constitution

It is the duty of the Federation to ensure that Govt. of every Province. It is carried on in accordance
with the Provisions of Constitutions.

 Executive Authority:
The executive authority of Federation and Province extends to following matters:
 Extent of executive Authority of Federation: Art. 97:
The executive authority of the Federation shall extend to matters w.r.t. which the parliament has powers to
make laws.

 Extent of Executive Authority of Provinces:

The executive of authority of province shall extend to their legislative authority.
 Factors for Provincial Authority:
Following are the factors for Provincial authority:

 Residuary Powers to Provinces: Art. 142:

All residuary powers are left with Provinces.

 Governors to act on Advice of Chief Minister: Art 105

The governors shall have to act on the advice of chief minister.

 No Tax on Province by act of parliament: Art. 165:

The Provincial Govt. shall not be taxed by an Act of Parliament.

 Preservation of Language and Culture: Art. 28:

Preservation of language and culture is another importance factor of the Provincial authority.

 Factors against Provincial Authority/ Factors inhibiting the Provincial Autonomy:

 Emergency: art. 232:
Provincial Govt. Is taken over against the Provincial Autonomy.

 Provinces excluded from Amendment of Constitution: Art. 239

Provinces are excluded from the amendment of the constitution.

 Dissolution of Provincial Assembly: Art. 105(3)(5)

The Governor can dissolve the Provincial Assembly.

 Federal Law to Prevail in Inconsistency: Art. 143

In case of inconsistency the Federal law shall prevail.

 Supervision of Accounts of Provinces: Art. 169

Audit general, appointed by the President, shall supervise, the accounts of the Federation and of the Provinces;
and the accounts of any authority established by the Federation.

 Audit of Accounts of Provinces: Art. 170(1) & (2):

The accounts of the Federation and of the Provinces shall be kept in such form and in accordance with such
principles and methods as the Auditor-General may with the approval of the President and the audit of the
accounts of the federal and of the provincial Govts. And the accounts of any authority as established by the
Federal Govt. shall be conducted by the Auditor-General, who shall determine the extent and nature of such
audit.

 Conclusion:
To conclude that there are two lists for legislation. They are Federal Legislative List and Concurrent Legislative List;
the Federal Govt. can legislate on Federal Legislative List. The Provisional and Federal Govt. both can legislate in
respect of Concurrent Legislative List. In case of inconsistency between Federal & Provisional Law, the Federal Law
shall prevail. The federation may confer the powers on the Provinces in matters in which the Federation has
executive authority. Federation can also guide directions to Provinces. The Provincial Govt. shall comply with the
Federal Laws and Govt. shall regard the interest of provinces.