Judicial Activism

https://nation.com.pk/16-Oct-2018/reforming-our-civil-justice

https://nation.com.pk/23-Oct-2018/reforming-our-civil-justice

Judiciary 3rd estate

When judiciary ventures into political and administrative affairs of the state

Functions of judiciary

Appeals against lower courts

Safeguarding the sanctity of constitution (Watchdog for legislation)

Ensuring public interest (litigation and suo motos)

Origins of Judicial activism

Marbury VS Madison case

Tameezuddin case, dosso case, Asma Jilani, Nusrat Bhutto, PCO cases

Purposes of Judicial activism

To maintain and ensure its independence (Zafar Shah case, PCO case, 18 th amendment)

To provide immediate relief to the people

Causes of Judicial activism

Unconstitutional steps by legislature

Threats to public interest

Ineptitude of administration

Abrogation of constitution

Personal preferences of CJ (Suo motos, Contempt charges)

Impact of Judicial Activism

Positive impacts

Accountability for all (Gillani, Nawaz Sharif)

Enhanced public trust on judiciary (Zainab Murder case,

Protection of Public interest ( Water crisis,

Bulwark against abuse of power by politicians (NRO, Hajj quota, Ephedrine case, rental power plants)
Bringing corrupt elements to the books

Protection of human rights (Missing persons case, water crisis, media freedom)

Negative Impacts

Threats to democratic stability

Personal aggrandizement

Neglected core/primary functionating of justice system

Abuse of contempt of court

Critical Analysis

National Integration
Phenomenon that promotes sense of nationalism

National cohesion and unity

Pakistan a diverse country with various ethnic, cultures and linguistic ad sectarian difference
between its people

Why National Integration needed?

To safeguard national interest

To counter negative propaganda (india and Afghanistan)

To preserve territorial integrity- example of East Pakistan

Factors of divergence

Diverse structural composition of society

48% Punjabis,10% Sindhis, 2.4% Baloch, 7% Mohajir, 10 % Saraiki, 13% Pashtun

Dozens of languages spoken all over the country

Various faiths (Islam, Hindu, chisristian, Ahmadiya sikh, Parsi,)and sects (Sunni, shia, Wahabi) and
subsects ( Deobandi, Barelvi, Ismaeeli) being practiced

Grievances of ethnic minority groups

Saraiki, Baloch, Pashtun

Economic and political grievances

Low representation in public and armed services

Highhandedness of center

Centre- province divide, limited autonomy to provinces, increased interference in provincial affairs,
One-unit scheme, Balochistan crisis,

Unequal resource distribution

Water distribution issue

Electricity generation (KPK) and gas supply (Balochistan) revenue distribution

Tax revenue distribution

Uneven Economic growth

Some parts of country more developed than others (rural urban divide)

Balochistan despite being rich in mineral resources lag far behind

Industry centered in central Punjab

Growing income inequality among different social classes ( rich getting and poor getting poorer)

Religious and sectarian differences

Minorities not feel safe,

Reservations of minorities (security concerns, forced conversions)

Militant sectarian outfits operating with impunity

Intermingling of religion with politics

Political parties exploit sectarian divides for own gains ( Khatm -e Nabuwat tehreek, alliances
with extremist parties)

Rise of religiously extremist political parties (TLP, Allah Akbar Tehreek)

Growing hate speech and extremism in society

Transnational interference

India’s nefarious designs to destabilize Balochistan (Kalbhushun yadhav)

Afghan support for Pashtun Nationalist movements

US drone strikes hampered national integration

Proxy wars in Pakistan

Class oriented educational system

Multiple education systems and curriculums

Provincialization of education system

Non-inclusive political system

Regional outlook of political parties (PPP in Sindh, PML-N in Punjab)

No national level political party

Unstable law and order situation

Security centric policies (counter terrorism operations, Karachi operation, IDPs

Geographical vulnerability of provinces ( Balochistan and KPK most hit by terror attacks)

Factors of convergence

Islam as the major binding force

98% of population is Muslim

Pakistan was attained in name of Islam

Strong sense of Pakistani nationalism

Visible in sports victories and other national achievements (1992 world cup, champions trophy)

Global representation of Pakistan by individuals (arfa Kareem, Dr. Abdul salam, Malala Yousafzai)

Celebrations of Independence Day and other national events

Threats to sovereignty

1965 war, Kashmir issue, terror attacks, drone strikes

Urdu as a national language

In the face of calamity and disasters

Unity in diversity

Steps taken for National Integration

Impact of 18th amendment

Abolishment of concurrent list, province given legislative powers, Increased provincial autonomy

Constitutional bodies to regulate center-province and interprovincial dealing

National Finance commission (NFC)

constitutional body in Pakistan formed under 1973 constitution

The Order of the President in the light of the recommendations made by the NFC is known as NFC
Award

Comprised of Federal Finance Minister, Provincial Finance Ministers, and other persons appointed
by the President in consultation with provincial governors

Its functions include

The distribution of tax proceeds b/w the Federation and the provinces revenue

the making of grants in aid by the Federation to the Provincial govts

the exercise of borrowing powers of the Federation and the provinces

any matter pertaining to finance referred by President

Improvements after 18th amendment

42.5% of the Federal divisible pool (FDP) of taxes is given to the central government. From the
remaining 57.5%, Punjab gets 51.74%, Sindh 24.55%, K-P 14.62% and Balochistan 9.09%.

The seventh NFC Award best example of provincial coordination

Resource revenue share made 50-50 after 18 th amendment (Between center and province)

Indicators other than population such as poverty/backwardness and reverse population density used
to calculate provincial share

Balochsitan’s share increased from 5% to 9%

Provincial share could only be increased not decreased

KPK given 1% extra share due to ongoing war on terror

Concerns by Smaller provinces

Differences among provinces persist when it comes to the ownership of natural resources and
royalty distribution

Not updated since then. Only ad hoc

Not implemented properly

Population still a major factor in share calculation

Council of Common interests (CCI)

Resolves the disputes of power sharing between the federation and provinces.

Managed by Ministry of Inter Provincial Coordination after 18 th amendment

Comprised of Prime Minister, All provincial chief ministers and Three members to be nominated by
Prime Minister (Usually Cabinet members)

Mandatory to meet every 90 days after 18 th amendment

Decisions are taken by majority vote

Major issue- Allocation of water resources – National Water Policy

National Economic Commission (NEC)

Executive Committee of NEC (ECNEC)

Dealing with Balochistan crisis

See Balochistan crisis

Induction of Fata reforms

See Fata Reforms

Operations against anti-national forces

Anti terrorism operations, Karachi operation

National Action Plan

Combing operations

Suggestions for National integration

Pluralistic policies at all levels

Devolution of power

Centre to province, Local bodies, District and tehsil level administration

Strengthening of institutions

Senate, NFC, CCI

Promotion of national unity ( Urdu)

Need of more provinces

Urban rural divide (Karachi in Sindh)

Ethnic divisions (Hazara province in KPK)

Linguistic differences ( South Punjab)

Sensitive issue must be dealt with carefully be consensus of all relevant stakeholders

Must be on administrative grounds, not ethnic or linguistic

Ensuring inclusive economic growth

People oriented policies

Need of education reforms

Homogenous educational system

National integrative curriculum with due regard to provincial sentiments

Role of Media

Focus on content that promotes national integration

No air time to separatist elements

Strict penalties for violating code of conduct (Amir liaqaut)

Need of New Provinces

Background

Pakistan a diverse country with several ethnic and linguistic entities

Pakistan a federation with four provinces and territories

Constitutionally mandated power sharing agreement between states and provinces

Longstanding calls for new provinces

Punjab (Saraiki and Bahawalpur)

Sindh (Karachi, Urdu Speaking, Mohajir)

KPK (Hazara)
 Balochistan (Pashtun belt)

Example of India, East Pakistan and one unit

India started making new province right after independence, reversed in Pakistan (one unit),
resulted in debacle of East Pakistan

Important issue which must be analyzed and argued, potentially an existential issue

Arguments for New provinces

Poor governance of larger provinces

Distance factor ( Kot Sabzal to Lahore 634 km, Jiwani to Quetta 980 km)

Poor law and order situation

Difficult to manage, no check and balance

Difficult for the public to benefit from administration and get a hold of authorities

Balochistan being the largest province suffers most from this problem

Uneven provincial make-up

Punjab largest province in term of population

Dominance of Punjab in political, economic and administrative affairs

Most seats in NA

Largest share in NFC and other resources

As a result, more economically developed than rest of the Pakistan

Punjab average HDI is 0.732, Balochistan has 0.421

This has led to the grievances by smaller provinces

Inefficient local administration

No Local Bodies structure till 2015

Forced by SC to hold LB elections

No administrative authority or funding being provided

This further aggravate administrative flaws and strengthens the calls for new provinces
Biased economic growth

Central Punjab (industrialized) more developed than south Punjab (agricultural)

Karachi more developed than rest of the Sindh

More focus on already developed areas owing to their political significance

Lahore for PML-N (Slogan of Lahore into Paris), Focus on upper Punjab

Grievances of provincial minorities

Economic and political marginalization by majorities

No platform to address these grievances. National and provincial assemblies also dominated by
majority groups

This leads to isolation and fuels violent separatist movements

Lack of nationally representative political parties

Most political parties are province or region based

PMLN in Punjab, PPP in Sindh, MQM in Karachi

PTI only national party to some extent

Strength of federation

Having smaller provinces will lead to greater role of federation

Eliminates separatist tendencies

Increased national integration

Redress grievances and concerns of provincial minorities

More economic development

Increased administrative efficiency

Improved law and order situation

Examples from other countries

US 50, India 28, China 34, Turkey 81 federating units

Partition of Bengal a historical precedent

Arguments against new provinces

Increased ethnic and sectarian frictions

Fault lines already exist, creation of new provinces can escalate tensions and further aggravate these
problems

Demands of new provinces on ethnic and language basis will lead to provincialization and damage
national integration

Primarily an administrative issue

Demand of new provinces arises mainly due to governance problems

Improved administration and people-oriented policies can provide immediate and effective relief

Volatile security situation

Looming terrorist threat, Balochistan unstable, Law and order situation in Karachi, war on terror

Creating new provinces can hamper counterterrorism measures, information sharing, joint
operations etc

It could provide new breeding grounds and fault lines for terrorists to exploit

Economic cost of dividing provinces

Country already suffering from a harsh economic crisis

New provinces would need new political and administrative institutions and infrastructure
(secretariat, high court, assembly, Governor, CM houses)

This would put more burden on center and drain more resources

Populist demand as political agenda

New provinces issue mostly arises in and around elections and then dies down shortly

Not truly a public demand as they vehemently participate in democratic process and are quite
mainstreamed

Regional politicians only use province card to gain public sympathy and votes

local small fish who aspire to become a big fish in a small pond
More provinces mean more divisions

Political bickering and provincial infighting will lead to ineffective institutions like NFC and CCI

This will mean that center would have more control over provincial affairs

Recommendations

No province on Ethnic grounds

If necessary, new provinces should be made on administrative and population basis. Not ethnic and
linguistic

Public referendum should be held in concerned areas to gauge popular sentiment

Creation process should be carried out thoughtfully and with extreme care by following
constitutional procedures

Proper deliberation must be carried out

Local governments be made effective

They should be provided with authority and resources to carryout local development works

Political interference in local bodies should be eliminated (No development funds for MPAs and
MNAs)

Increased provincial autonomy

Proper implementation of 18th amendment directives and 7th NFC award

More focus on development of backward areas

South Punjab, FATA, Hazara, Balochistan etc

Demands should be met case by case

South Punjab could be easily dealt with by making administrative reforms

Karachi could be given limited metropolitan autonomy shifting Sindh’s capital to interior city

Hazaara’s main concerns are revenue sharing and improved security