Professional Documents
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Topic A.................................................................................................................................. 19
Topic B.................................................................................................................................. 19
From The Committee Directors’ Desk
Reduces the requirement for the Tensions between the central government
prime minister to consult with the and the provinces over the distribution of
president to a duty to keep him authority and revenues date back to
Pakistan’s inception and have prompted about the ability of provincial
some of its most traumatic upheavals, governments to assume effective
most prominently the 1971 secession of regulatory authority in these areas,
Bangladesh. Many of the country’s leading which they are now bound to do by
political parties have long demanded June 30, 2011.
increased autonomy for the provinces.
Another important but under-reported
The 18th Amendment takes important
change now specifies that future National
steps toward resolving some of these
Finance Commission Agreements—which
tensions through a devolution of authority
set the distribution of National Revenues
and a strengthened role for the Council on
between the Central Government and the
Common Interests, a joint federal-
provinces—cannot reduce the provinces’
provincial forum.
share beyond that given in the previous
The 18th Amendment eliminates the agreement (Article 160). This is a move
“Concurrent List,” an enumeration of that may prompt intensified conflict
areas where both federal and between the central government and
provincial governments may legislate provinces in future rounds of revenue
but federal law prevails. Laws distribution negotiations.
governing marriage, contracts,
Conflicts between the Judiciary and
firearms possession, labor,
President Zardari’s government over
educational curriculums,
judicial appointments and the prosecution
environmental pollution, bankruptcy,
of corruption cases have steadily mounted
and 40 other diverse areas will now
over the past two years. Judicial
devolve to the provinces with the list
appointment procedures have been one
eliminated, and each provincial
of the most contentious parts of the
assembly will be responsible for
amendment, and despite compromise
drafting its own laws on the issues.
agreements essentially giving the chief
Reformers have touted this measure justice the deciding vote on nominations,
as a necessary shift for a more federal Supreme Court Bar Association leaders
system, but there are some concerns
have indicated their intentions to the remaining three comprising the
challenge the new system. federal law minister, the attorney
general, and a senior lawyer of the
Pakistan’s civilian leadership has
Pakistan Bar Council).
politicized many sectors of the country’s
civil service, and lawyers’ movement The addition of the seventh Judicial
leaders have fought for a more Commission member was a last-minute
independent judiciary since the 2007 change forced by Nawaz Sharif’s PML-N,
ouster of Chief Justice Iftikhar Chauhdry which has increasingly sought to associate
by then-President Musharraf. Greater itself with the lawyers’ movement. The
independence for the judiciary may addition has the effect of giving the Chief
increase its willingness to go after political Justice the deciding vote in commission
corruption, but it also risks entrenching a deliberations.
self-selecting judicial establishment with
The Judicial Commission’s nominees
minimal options for public input on its
appear to have their confirmation
actions or composition.
guaranteed absent an extremely high
Neither president nor prime minister degree of parliamentary opposition to its
will have a direct role in judicial suggestions. Rejecting a nominee requires
appointments under the 18th a three-quarters majority from the
amendment. The appointments will Parliamentary Committee, and absent
instead be handled by a two-tier rejection, a nominee is deemed confirmed
system—a Judicial Commission will within 14 days regardless of whether a
propose nominees and a special vote was taken or not.
parliamentary committee split evenly
The 18th amendment contains a
between the government and the
substantive restructuring of the Pakistani
opposition will confirm them (Article
government system, but it is the
175A). The seven-member Judicial
seemingly innocuous renaming of the
Commission will be chaired by the
country’s Northwest Frontier Province, or
Chief Justice, who will effectively
NWFP, that has produced some of the
control four of the seven seats (with
most heated political rhetoric thus far and parties to support the creation of more
rioting in some parts of the province that provinces. But it is unclear how much
has killed up to 10. The Awami National support these proposals will garner
Party (ANP), a nationalist party and outside the current cycle of local identity
governing coalition partner with its base politics—particularly given the military
of support in the NWFP’s Pashtun establishment’s longstanding opposition
community, has long pushed for the to strong provincialism within the country.
renaming in order to bring it on par with
Political Response
the other provinces of Sindh, Balochistan,
and Punjab, all of whom draw their names Prime Minister Yousaf Raza Gillani,
from their dominant ethnic groups. speaking after the passage of the bill,
stated that “it is dividend of the politics of
Former Hazara Division residents in the
reconciliation that the Nation and the
NWFP are culturally and linguistically
Parliament are united today and we have
distinct from the rest of the majority
repealed undemocratic laws inserted to
Pashtun province, and both the PML-N
the Constitution by dictators.”
and PML-Q parties, which possess
electoral footholds in the area, oppose Pakistan Tehrik-e-Insaf (PTI) Chairman
the change. The PML-N finally agreed to Imran Khan has said that by passing the
the compromise name “Khyber- 18th Amendment, Pakistan President Asif
Pakhtunkhwa” at the end of March, but Ali Zardari and Pakistan Muslim League-N
the PML-Q sharply opposed the (PML-N) chief Nawaz Sharif made an
prospective name change, seeing an attempt to clip the judiciary’s power.
opportunity to press its rivals. Leaders
Addressing a rally against loadshedding
from both PML parties have since then
and price-hike in Lahore, Khan said he
endorsed protesters’ demands for a
would thwart the government’s design
separate Hazara province entirely.
against the judiciary.
The Supreme Court is currently hearing a Pirzada replied that it is the court’s duty
number of identical petitions challenging to preserve the basic features of the
certain provisions of 18th Amendment, constitution and hold the judicial review
particularly the formation of a judicial intact, adding that the structure would
commission for the appointment of senior collapse if the judges say they could not
judges. The bench is currently hearing the review the laws. He said that any
arguments of Abdul Hafeez Pirzada over constitutional amendment must be struck
certain provisions of the 18th down if it violates the conscience and the
Amendment. basic structure theory.
Pirzada has said that amending the The counsel contended that the nexus
constitution was “not a child’s play, but between the president and the chief
serious business”. He said that despite the justice had been eliminated through the
PPP enjoying a majority at the time the insertion of Article 175-A regarding the
constitution was framed, the then appointment of judges in the superior
premier Zulfikar Ali Bhutto had directed judiciary by the 18th Amendment. He said
the judiciary to consult all the parties and according to the old mechanism, the
the opposition’s objection was appointments were made through a
accommodated in the 1973 Constitution. consultation process between the two
heads, in which priority was given to the 4. Does the 18th Amendment go against
CJP’s recommendations. the Basic Structure Theory and thus
should be scrapped altogether?
He emphasized that the old mechanism
should be revived. To a bench query, he 5. Does the argument of the Basic
said once Article 175-A was abolished, the Structure Theory apply in Pakistan?
old system would stand revived.
6. What middle ground can be achieved
To Justice Sair Ali’s observation that the considering the level of opposition
presence of two representatives of the certain clauses face by major political
executive – the AGP and the law minister parties?
– would be an attempt to bridge that gap,
7. Is there a need to revise the new
Pirzada replied that both these officials
Judicial Appointment System?
were not wanted.
8. What improvements, if any, can be
Pirzada said a new constitution has been
made to the new National Finance
brought in, adding that Article 175-A was
Commission Agreements System?
legislation and not an amendment.
The Supreme Court of Pakistan also Since inception of its design in 1984
moved in favor of the Kalabagh Dam in during General Zia-ul-Haq’s reign with the
July 2010 after the flood calamity hit the help of the UNDP for WAPDA and
country, with a petition filed by Azam supervised by the World Bank, the
Khan Sultanpuri urging the apex court to Kalabagh Dam project has been
order immediate construction of the dam controversial. The dam is proposed to be
to avoid future losses of similar nature. built on the River Indus in the Mianwali
district of Punjab, bordering Khyber-
Even in light of current events, however,
Pakhtunkhwa. Its 2001 estimated cost is
the political parties in Sindh and Khyber-
about $6.4 billion.
The problem’s roots lie in the deep and only get water when India releases its
old mistrust between the provinces of flood waters. This has caused much land
Pakistan, which is normally divided along to become barren, and the construction of
the lines of Punjab vs. Sindh, Khyber- the KBD will help remove that problem by
Pakhtunkhwa, and Balochistan. To providing water for irrigation. Thus, the
aggravate the situation is the fact that intentions of Punjab are considered
normally the central power lies with doubtful by KP and Sindh provinces.
Punjab because of its size and population,
The remaining three provinces of Pakistan
creating more apprehensions in the
hold their ground on being against the
smaller provinces.
project and in fact, have all passed
Punjab is the only proponent of the dam resolutions in their provincial assemblies
since the project was introduced. It argues rejecting it. Whereas Balochistan is not
that KBD will generate up to 2400- directly benefited nor harmed by KBD, it is
3600MW of electricity which will benefit still firm that going ahead with the project
Pakistan’s economy by not only will be illustrated as Punjab lording over
countering the power shortage in the the small provinces.
country but also by providing water
On the other hand, Khyber-Pakhtunkhwa
storage facilities (with a capacity of 6.1
argues that construction of the dam will
MAF), for itself and Khyber-Pakhtunkhwa,
cause large parts of Nowshera District to
as well as by preventing floods in Sindh
become submerged, as well as create
and Lower Punjab which cause huge
problems of water-logging and salinity for
damages every 5 years. Another added
areas up to 200km of the proposed site. It
advantage of the KBD is the estimated
also claims that though most of the
employment of around 30,000 individuals
reservoir will be in the vicinity of KP, the
both, during construction and after
electricity-generating turbines will be
commission of the dam.
located in Punjab as a result of which
It is essential to note here that since the Punjab will receive the power royalties
Indus Water Treaty of 1960, three major instead of KP. Punjab has, however,
rivers of Punjab, i.e. Biyas, Sutlej, and Ravi promised not to claim any royalties from
the KBD generated power, but there is an links at the bottom. A few consequences
acute trust deficit between the two of not constructing the KBD - e.g. threat to
provinces. food security as well as impact on
agricultural & industrial sectors - are also
Sindh is the biggest opponent of the
mentioned in the document.
Kalabagh Dam. The province has long
accused Punjab of “water theft” which Critics say that apart from the obvious,
already occurs due to the presence of the KBD will also have huge
Mangla and Tarbela Dams on the Indus environmental costs as expected of any
River, and argues that construction of KBD large dam. Furthermore, even if the KBD’s
or even Bhasha and Katzarah dams will construction begins tomorrow, it will take
further worsen the situation. It claims an 6-8 years for the dam to be operational,
inherent right over all of the Indus river during which period the looming water
water, and says that the KBD will benefit and energy crises will deteriorate. Hence,
KP and Punjab at the cost of Sindh’s the need for alternate reservoirs and
irrigation water. Added to that is the dams is also dire to avoid future
theory that if the constant flow of water complications.
from the Indus into the Arabian Sea is
Many people look towards the
disrupted, it will cause vast areas of the
construction of Bhasha dam as a rescue
Sindh coast to become saline deserts, as
program, but there are technical glitches
well as destroy its Mangroves.
in the design of the Bhasha dam which
There are also numerous other myths have yet to be resolved. Furthermore, it
shared by the general population about will take Bhasha dam a minimum of 12
the Kalabagh dam with regards to wildlife years to become operational (see
management, the delta ecosystem, sea- reference).
water intrusion, backwater effect,
All in all, some sort of water management
resettlement issues, desertification,
strategy needs to be devised to combat
cultivation in flooded areas, ground-level
not only the inevitable water and power
rise, and land submergence which have
shortages in the country, but also to
been addressed in one of the reference
tackle Indian tactics to control Pakistan’s
water resources.
Topic A
http://www.na.gov.pk/passed_bill/passed_bill_2010/constitution_eighteenth_amendm
ent_act2010_080410.pdf
http://afpak.foreignpolicy.com/posts/2010/04/14/a_province_by_any_other_name
http://www.pakistanconstitution-law.com/theconst_1973.asp
http://www.dailytimes.com.pk/default.asp?page=2010%5C04%5C11%5Cstory_11-4-
2010_pg3_2
http://www.risepakistan.net/2010/05/24/18th-amendment-revenge-of-pakistani-
democracy/
Topic B
http://docs.google.com/viewer?a=v&q=cache:o9oy2SAgK2kJ:www.contactpakistan.com
/downloads/KALABAGH%2520DAM.pdf+kalabagh+dam&hl=en&pid=bl&srcid=ADGEESjJ
O-KpgY8j3Oq7OZ-
q3lm1ZdHKC_OwbJxdQzNiX2NJ5KXWyJQnXMCHuR0meB8q9ZLr68FPtVEwuSrZ4wRW4jC
eTWbRWjWibmvFcKJui_IPIKObMjFpK1sKz7KWXXOcGe0YL77g&sig=AHIEtbTLnuuP61F5Z
b7kdTOapaNOWtkQkg
http://viewstonews.com/index.php/kalabagh-dam-its-need-and-significance/pakistan
http://en.wikipedia.org/wiki/Kalabagh_Dam