18th Amendment:

1. https://www.arabnews.pk/node/1709751. The reason why debate on 18th

Amendment refuses to die
2. https://pakobserver.net/18th-amendment-need-for-reforms/
 It impacted almost 100 articles, which constitute about one-third of the
document.

 Provincial autonomy had been a hugely contentious issue in Pakistan’s

constitutional history. The balance of center-province powers was
among the two most divisive issues that dragged the constitution-
making process for about nine years, the other one being the place of
Islam in the polity. The question of provincial rights, however, was
more responsible for the scission of the country’s eastern wing in 1971
than anything else.

 Although the 18th Amendment dealt with nine broad areas of Pakistan's
constitutional arrangement, provincial autonomy was the centerpiece of
the legislation. It successfully abolished the Concurrent Legislative List,
transferred most of the subjects therein to the provincial domain and
significantly expanded the sphere of provincial autonomy.

 While financial allocations from the federal divisible pool are considered
a subject to be settled in the National Finance Commission (NFC) award
every five years, the 18th Amendment inserted a new clause 3A in
Article 160 which allows only upward revision in the provincial share in
succeeding awards. This clause has apparently become a thorny issue
between the federal and provincial administrations.

 The debate on the 18th Amendment, to the contrary, continues even ten
years after its passage and seems to be gaining momentum with time
primarily because it was not openly and sufficiently debated before its
passage.

History:
  After abrogation of the one unit in 1970 by Yahya Khan the
administrative autonomy was devolved to the provinces but the fiscal
autonomy remained with the Centre. So administratively a Federation
and fiscally a unitary state Pakistan suffered this dichotomy till
introduction of 18th Amendment.

Problems Associate with 18th Amendment:

 After problems like debt servicing and defence expenditure surfaced and
the capacity issues of the provinces in subjects like health and education
came to the fore the hasty passage of the amendment came in for
criticism.
 The provinces though happy in their new found powers failed to devolve
the powers at local government level killing thereby the true spirit of
democratic governance besides hamstringing their ability to provide
services to people based on their needs.
 One of the serious problems with the amendment is the non-binding
nature of direction for Local Government’s establishment.
 Another issue with the amendment is the Article 160(3A) which locks
the share of the provinces in the divisible pool of the National Finance
Commission which can be increased but not decreased.
 In addition to above is the capacity issue of the provinces wherein the
Provincial Assemblies are reluctant to deal with their legislative
challenges effectively. Without solid intellectual work the legislative
ability of the provincial assemblies is seriously constrained.
 The issues of provinces’ capacity to govern themselves are also linked to
their financial resources. The 18th Amendment is also silent on issues of
tax collection eg GST and VAT that should be allowed to the provinces.
 Despite 18th amendment the federal government continues to cling to
its symbols of control like federal ministries which have actually been
devolved to the provinces. The Ministry of Health is one such example
where federal and provincial governments are duplicating the effort
resulting in increase in government’s expenditure.

Solution:
 Patience, perseverance and consensus building along with regular
meetings of NFC and CCI are de rigueur to resolve problems of 18th
Amendment rather than a forced solution sans democratic norms.