comparative analysis of federalism in Canada and

Pakistan: problem and prospects

Submission Date (13-1-2023)

BY

ZAINEB JAVED
ROLL # 19011503-008

HIS- 428

BS History and Section A

Submitted To

Sir.Mushtaq Ali Abbasi

Department of History and Pakistan Studies

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ABSTRACT
The main objective of this study is to make a intense analysis on the fedralism of Canada and
Pakistan. This research deals with comparing two alike federation forms. The two countries, i.e.
Canada and Pakistan were chosen because of their majority electoral system and to a lesser
extent, homogeneous political trendencies. This research is basically based on comparitive
analysis legislative systems of both countries with thier problems and prospects.This study
acknowledges that the Federal form of government is the most representative and most
effective system of government that is running successfully and currently use in different
countries.it creates a cohesive and strong govermental system. We learned from this study is
that one problem that is common to both nations is provincial imbalance. Canada on other
hand has effectively accomodated its provinces by granting them maximum autonomy
through its responsible government, democratic system, and moreover through federation..

The overstepping of authority by different departments of government is another issue that

plagues Pakistan but does not exist in Canada. The study contends that ferderalism, in each
given state, is the best form of governancei. This study investigates the possibility that language
barriers may lead to Pakistan adopting the Canadian constitution.

Key Questions?
1. When comparing Pakistan's federal system to Canada's, how would you rate the balance of
power between the federal government and the provinces?
2. What are the main challenges facing the federal system in Pakistan and canada and how have
these challenges been addressed?
3. How has the federal system in Pakistan and canada evolved over time, and what factors have
contributed to these changes?
4. To what extent do Pakistan and Canada's respective federal systems vary from one another, and
what are the consequences of these differences?

5.How do the federal systems in Pakistan and canada impact the provision of public goods and
services, such as education and healthcare, and what are the implications of these differences?

Introduction
Federalism is a form of governance in which the federal government shares executive authority with
subnational entities like states and provinces. Both Canada and Pakistan use a federal form of
government, and comparing the two may teach us about the variety of possible organizational and
functional models for federal systems. In Canada, federalism has a long history dating back to the
country's founding in 1867. A federalist system is developed when a state with a diverse population
seeks to ensure that its economic resources are distributed fairly within a democratic framework. To a

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large extent, the constitutional framework of the country guarantees the economic connection. The
urge for the construction of a federation may be the economic contact, depending on each other by the
Centre and federating states. When the remaining powers are delegated to the federating units, it
creates a more balanced relationship between the center and the units. An important turning point in
the development of Pakistan's democratic system, the 18th Constitutional Amendment is worthy of
being called a watershed moment in the country's history ii .The majority of major political parties have
long desired this change, since it would allow the incumbents to serve out their full term in office. The
country is a federation of 10 provinces and 3 territories, with each level of government having its own
powers and responsibilities. The federal government is responsible for matters that are of national
concern, such as national defense and foreign affairs, while the provinces have jurisdiction over matters
that are primarily of local or regional concern, such as education and healthcare. In contrast, after
declaring independence from the British in 1947, Pakistan established a federal structure of governance.
There are four provinces and many nationally managed regions that make up the country. Defense,
international relations, and other concerns of national significance are within the purview of the federal
government, while education, healthcare, and law enforcement are delegated to the provinces. The
division of power between the federal government and the regions, the procedures in place to resolve
disagreements between the several levels of government, and the difficulties and triumphs of each
system might all be examined in a comparative study of federalism in Canada and Pakistan.

Historical Background of federal form in pakistan and Canada

Canadian In fact, federalism can be traced all the way back to the nation's inception in 1867. Canada
was first formed as a confederation of the provinces of Ontario, Quebec, Nova Scotia, and New
Brunswick. Over time, the number of provinces and territories has increased, and the country is now a
federation of 10 provinces and 3 territories. Canadien federalism has its roots in the colonial era, when
British North America was separated into a number of independent colonies. To better manage the area
and bring together the several colonies, the concept of a federal union arose iii. Canada's journey to
become a unified nation was fraught with debate. Disagreements arose about how to handle matters
like federalism vs. provincialism vs. colonialism vs. protecting minorities, which varied greatly depending
on the colony in question. Despite these difficulties, Canada's federal system has developed through
time and had a significant influence in establishing the country's political and legal environment. This
system's achievement in keeping the central government and the provinces on equal footing has aided
in the development of national unity and amicable conflict settlement.

Pakistan adopted a federal system of government after gaining independence from British rule in
1947. The country was originally composed of two regions: Both East Pakistan (now Bangladesh) and
West Pakistan exist. The federal system in Pakistan was set up so that both regions could have a voice in
national politics while still having their own interests protected. Unfortunately, Pakistan's federal system
has been plagued by problems over the years. The division of federal and provincial authority and
funding has been a significant obstacle. Both the distribution of funds and the assignment of
accountability for various policy domains have been the subject of heated debate and conflict. The lack
of national unity has been another obstacle. Tensions and conflicts between different regions have

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arisen because some regions, especially Balochistan and Sindh, have felt marginalized or disadvantaged
under the federal system. Instability has arisen from this situation. Major regional disparities, with some
provinces being more developed and economically prosperous than others, have also been a challenge
for Pakistan's federal system. This has prompted calls for more equitable development policies and a
redistribution of existing resourcesiv. There have been ongoing debates about the best ways to address
these challenges and enhance the functioning of Pakistan's federal system, which has faced a number of
difficulties over the years.

Structure of federal government of pakistan and canada

There are three branches of government in both Pakistan and Canada: parliament, government, and the
courts. In each of these states, like in every federation, the three branches of government listed above
serve both the provincial and federal levels. Both nations' federal and provincial administrations are
established by constitution. The Pakistani and Canadian governments each have three branches, each of
which performs a unique function. The constitutions of the two nations provide forth the ground rules
for the relationship and function of these organs. Therefore, the democratic administration of the nation
is based on checks and balances between the three pillars of government.

Executive: As the first level of government, the executive is responsible for carrying out laws and
policies. When it comes to running the show, the executive branch is the one in charge. Executive
functions are carried out through certain divisions. As a result, the bulk of the onus for levying taxes and
carrying out government decisions and policies rests with the executive branch. The executive in
Pakistan consists of the prime minister, his cabinet, and the bureaucracy or government staff. Evidently,
Her Majesty the Queen is also a member of Canada's executive team. In Canada, the Governor-General
represents Queen Elizabeth II, while the Prime Minister leads the ruling Conservative Party (in Canada
the lower chamber is also called The House of Commons). Historically, Canada's beginnings may be
traced back to the British monarchy's use of Parliament in London to exert authority over the area. This
persisted until Canada achieved independence in 1867 and started implementing its own laws according
to a constitution. Since then, the Crown Prince of Canada has effectively taken over the role of head of
state, with the monarchy now functioning solely as a symbol of national pride and solidarity. The King
continues to represent loyalty, authority, and Canadian unity even if the Governor-General follows the
Prime Minister's lead. When the King of Canada is not in the country, the Governor General and each
provincial Lieutenant Governor stand in for him.

Legislative: The legislative branch represents the second layer of government. There are two
houses of parliament in this country: the House of Commons and the House of Representatives.
Legislation goes through the legislative process once it has been signed by the executive, including
introduction, scrutiny, and a vote. It can't be argued that anybody else represents the people or makes
laws on their behalf other than the parliament. The president, the Senate, and the national assembly all
serve on the Council of Advisers (Majlis-i-Shoora), which is established under Article 50 of the Pakistani
constitution. The national assembly and the senate are co-located in Pakistan's federal legislature. Even
Canada has a bicameral legislature. Parliament, with the Monarch at its head, a lower house called the

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House of Commons, and an upper chamber named the Senate, were established by Section (17) of the
Constitution Act of 1867. The Senate has developed as a vital instrument and a federational stabilizing
feature in democratic governments throughout time. The Senate (the upper chamber) of Pakistan was
established with the goal of giving each of the country's provinces a voice in policymaking. Each province
has a number of representatives in the national legislature that is proportional to its population. Thus,
the discrepancy between provinces is moderated by the Senate's system of equal provincial
membership.

Judiciary: The court system constitutes the third pillar of government. This includes both the
provincial and federal courts in Canada and Pakistan. When compared to the other branches of
government, the judiciary certainly doesn't come out on the short end of the stick. The judiciary is the
single most important institution for creating a peaceful and successful society. Legal systems make it
possible to treat individuals fairly. As such, it protects citizens' most fundamental liberties. It settles
disagreements, determines guilt, imposes punishment, upholds legal rights, and mediates contracts.
Judiciary is separate and apart from the executive branch. Despite this, the Canadian Prime Minister's
recommendations were used by the Governor-General in making judicial appointments. The Judicial
Branch is responsible for the administration and interpretation of the law, as well as the provision of
advice to the executive branch on legal matters. The federal government has mandated the creation of a
Like India, Pakistan is a federation consisting of a federal headquarters and four provinces. In cases
where federal authority is unclear, the courts will rule on such cases, as well as define the roles of the
federal government and the provinces. The legal system of Pakistan is set up in a way that allows it to
respect moral principlesv. According to the country's constitution, the court has been granted the
authority to make important rulings. The Supreme Court and lower courts have been given protections
to safeguard their autonomy. in both Canada and Pakistan.

constitutional comparison in terms of federalist states

Britain had held colonies in both Pakistan and Canada. In 1947, Pakistan became a sovereign
nation. The eastern coast of Canada was formerly home to French colonies known as the
Maritime colonies. The French handed up control of Canada to the British in 1763. The Crown
symbolizes the government and state of Canada, which is a constitutional monarchy. While the
notion of a monarchy does not exist in Pakistan, under a constitutional monarchy like that of
Canada's, the sovereign serves as the country's political head of state, but his or her authority is
limited by the constitution and the advise of the administration and legislature vi. Each nation's
written constitution has its own unique provisions for federalism, such as Pakistan's 1973
consitution.
 The "Relation between Centre and Province" is the topic of Article 5 of the Constitution of the
Islamic Republic of Pakistan. Division of Legislative Authority" is the topic of Chapter 1. Sections
141–144 make up this section.

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  Extent of Federal and Provincial Laws, Article 141. In Pakistan, the federal government is
represented by the Majlis-e-Shoora parliament, while each province has its own legislature with
legislative authority limited only by the constitution.
 Article 142 establishes the jurisdiction of federal and provincial courts. The Majlis-e-Shoora, the
legislative body established by the constitution, can pass laws on any topic included in the
federal legislative list. The concurrent legislative list includes laws that both Parliament and the
provincial assembly have the authority to enact. Art
 143 – Inconsistency between federal and provincial laws.
 Art 144 – Power of Majlis-e-Shoora to legislate for two or more provinces by consent.
 Chapter 2 is about “Administrative Relation between Federation and Province” it consists of
article145 to article 152.
 Art 145 - The President has the authority to instruct the Governor to act as his agent and carry
out a variety of responsibilities.
 Art 146 – The ability of the federation to delegate authority to the provinces.
 Art 147 – Powers of the provinces to entrust functions to the federation.
 Art 148 – Federal and provincial responsibilities. Protecting any province against unrest inside or
assault from outside is an obligation of the federation.
 Art 149 – Direction to provinces in certain cases.
 Art 150 – Full faith and credit for public acts etc.
 Art 151 – Inter provincial trade.
 Art 152 – Acquisition of land for federal purposes.

1982 Consitution of canada

 Parliament and the provinces may both pass legislation on pensions for the elderly, but in the
event of a disagreement, provincial legislation takes precedence.
 96Art- The federal cabinet has the power to appoint all superior court judges in the provinces.
 The provinces have authority over healthcare, education, and natural resources, while the
federal government handles national concerns including foreign policy, defense, and criminal
law (article 97).
 132- Art Every citizen has the right to vote and run for office federally and provincially.
 At the very least every five years, federal and provincial elections must take place. Elections may
be delayed by a 2/3 majority vote in the event of a war, invasion, or uprising.
 Art -139 Parliament and the legislatures must meet at least once a year.

The Constitution also outlines the division of powers between the federal government and the
provinces, with some powers being exclusive to the federal government, some being exclusive to the
provinces, and others being concurrent powers shared by both levels of government. In addition, the
Constitution sets out the process for amending the Constitution and provides for the protection of
certain individual rights and freedoms vii.Overall, the Constitution of Canada establishes a federal system
of government that aims to balance the powers of the federal government and the provinces in order to

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effectively govern the country and protect the rights and freedoms of Canadians.as both countries have
bitter changing in both countries consitution.

Asymmetrical federalism (pakistan and canada)

Asymmetrical federalism refers to a type of federal system in which different states or provinces within
a country have different powers and responsibilities. This can occur for a variety of reasons, such as the
presence of distinct cultural or linguistic groups within the country, or the need to address specific
regional issues or challenges.Both Pakistan and Canada have federal systems that allow for asymmetry
in the powers and responsibilities of different provinces or states. In Pakistan, the Constitution of 1973
establishes a federal system in which the provinces have a certain degree of autonomy and the ability to
legislate in certain areas. However, there are also certain powers that are reserved for the federal
government, such as foreign affairs and defense.In Canada, the Constitution Act of 1867 establishes a
federal system in which the federal government has exclusive jurisdiction over certain areas, such as
criminal law, while the provinces have exclusive jurisdiction over other areas, such as education and
healthcare. The Constitution Act also provides for the possibility of asymmetry in the powers and
responsibilities of the provinces through the use of federal legislation known as "orders in
council."Overall, both Pakistan and Canada have federal systems that allow for asymmetry in the powers
and responsibilities of different states or provinces, though the specific details of how this asymmetry is
structured and implemented differ between the two countries. A strong, transparent, and reliable
government apparatus is possible under the Canadian and Pakistani political systems. Parliamentary
government in Canada was designed to ensure that all proposed legislation would be given due
consideration and would eventually serve the public good. Canada is a monarchy, hence the queen
serves as the country's nominal head of state, in contrast to Pakistan, where the president serves in that
role. The Queen of Canada also has the title of "Queen" in New Zealand, Australia, and the United
Kingdom, as well as in a number of smaller, less influential nations throughout the globe, such as Tuvalu,
Grenada, Papua New Guinea, and the Bahamas. In many of these nations, the queen's name appears on
every piece of legislation, but the real authority is with the people.

Issues and adjustements of both states

1.Linguistic Crises and Challenges
The fundamental feature of Pakistani federalism is linguistic diversity. The state is home to more than six
main languages and close to fifty-nine minor ones. This is, on the one hand, the cultural powerhouse of
the federation, and, on the other, a source of concern for Pakistan. Canada's growth as a bilingual nation
and as Canada depends on the health and vitality of its minority language groups, which in turn depends
on the protection of those groups' language rights. However, Pakistan's policymakers have never been
aware of the power of this diversity, and they have made no effort to tap into it in order to build social
capital or unify the federation of Pakistan. When Pakistan's forefathers and the authorities of West
Pakistan tried to establish Urdu as the official language, a linguistic war broke out, resulting in the
dissolution of the country's federation. To respond, East Pakistan's political leadership pushed to make
Bengali the official language of the state. Section 23 emphasizes the need to protect Canada's official

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languages and the cultures that surround them in order to maintain the country's vitality and unity.
Although the constitutions of 1956 and 1962 declared both Urdu and Bengali to be the official
languages, the criticisms that surfaced at the start of Pakistan's federalism never went away.

2. Challenge of Diversity
As a matter of course, every federal state also needs to deal with diversity, and often federalism is
implemented solely for the purpose of coping with that variety. In 1948, racial tensions in the province
of Balochistan sparked what would become an ethnic struggle that threatens Pakistan's stability to this
day. The policies of the elite are not reducing racial tensions, but rather fueling the anger of the masses.
Constitutional, economic, and administrative issues are major roadblocks to transforming Pakistan into a
collaborative federalism, despite the fact that many tiny ethnic groups living in separate provinces are
seeking their identity in the shape of their own province. The absence of rule of law, military
dictatorships, and uneven economic development across areas are all contributing factors in the
escalation of ethnic conflicts in the state. Despite Canada and Pakistan's cultural and geographical
differences, the two countries face similar federal issues.

Central and provincial power distribution

The idea of separation of powers has led to a split in decision-making authority throughout Canada's
many levels of government. Certain aspects of public policy, including language, are within the exclusive
control of the federal government, the provincial and territorial governments, or both. Judicial authority
in Canada is divided according to sections 91 through 95 of the constitution. The notion of subsidiarity
informs the distribution of powers in this arrangement. Canadians delegated to the federal government
the authority to act in matters of wide and national interest in 1867, while provincial governments were
granted authority over matters of more immediate concern to their citizens. This means that federalism
allows different levels of government to choose their own set of linguistic policies that work best for
them. Like the United Kingdom, Canada is a monarchy based on a written constitution. This fact means
that the federal government may spend money everywhere in the country, even inside the provinces'
borders. As a federal parliamentary republic, Pakistan is a nation with autonomous provinces that report
to a unified federal government. Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh, and Gilgit-Baltistan
are the provinces that make up Pakistan. Each province's administration is responsible for running day-
to-day affairs and meeting the needs of its residents. When it comes to national policy, the federal
government acts as a coordinator between the several provinces. It is vital to remember that the federal
government frequently lacks the capacity to act on topics that fall under provincial jurisdiction when
considering the federal government's "spending power." Despite the federal government's prudent
spending, it has caused several disputes about federal power at different points in American history.
And Quebec in particular has long been against federal expenditures because it is seen as a method for
the federal government to meddle in provincial matters viii. When it comes to "residual powers," or those
that aren't specifically outlined in the Constitution, the federal government also has the last say. The
United States is not alone in delegating residual authority to the states. It's possible that individual
Canadian provinces retain some discretionary authority inside their own borders. Some sectors,

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including agriculture, immigration, and language, now fall within the purview of both branches as a
consequence of the division of powers. Because of this, it's possible for two tiers of authority to act in
the same space without creating tension. When there is a contradiction between federal and state or
local law, federal law takes precedence. Despite the benefits of a centralized administration, the
federation of the nation has had to deal with various problems arising from tensions between the
federal government and the provinces. There had been sharp disagreements between the East and
West Pakistani leadership on the kind andform of govrnment and the membership of the cabinet, which
is why it took nine years to develop and pass the constitution of Pakistan in 1956. Pakistani authorities
were unable to strike a balance between the country's two competing ideologies and institute a fair
distribution of power. Considering how to include those who disagreed was another important
consideration. The troubles were becoming more serious and the eastern wing was beginning to feel
more abused as time went on. Neither the indirect election system nor the presidential form of
government were well received by the general people when they were first implemented in the
constitutions of 1956 and 1962. It is plain to observe that the country's federal framework was
weakening daily.

Tools and methods of national influence

Canada
There are several tools and methods that the national government in Canada can use to influence
federalism in the country. These include:

1. The spending power: The national government has the authority to distribute funds to the
provinces and territories for specific purposes, such as education and healthcare. This can be
used to encourage the provinces to adopt certain policies or programs.
2. The Constitution: The Constitution of Canada lays out the relationship between the federal and
provincial governments and may be changed by the national government.
3. The Charter of Rights and Freedoms: The Charter is a section of Canada's Constitution that lays
out the basic liberties and protections enjoyed by all citizens. The federal government may use it
to back up its policies and stances in court.
4. Intergovernmental relations: The national government can engage in negotiations and
discussions with the provinces and territories through various forums, such as the First
Ministers' meetings, to reach agreements on issues of mutual concern.
5. Federal legislation: The national government can pass laws that apply to the entire country,
which may affect the powers and responsibilities of the provinces and territories.
6. The Supreme Court of Canada: The national government can use the Supreme Court as a forum
to resolve disputes with the provinces and territories and to clarify the division of powers
between the federal and provincial governments ix

Pakistan

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Pakistan is a federal parliamentary republic, with power divided between the national government and
the provinces. The national government has several tools and methods it can use to influence federalism
in the country, including:

1. The Constitution: The Constitution of Pakistan, which outlines the relationship between the
federal and provincial administrations, may be changed by the national government.
2. The Supreme Court of Pakistan: In order to settle disagreements with the provinces and define
the scope of federal and provincial authority, the federal government might turn to the
Supreme Court.
3. Federal legislation: The national government can pass laws that apply to the entire country,
which may affect the powers and responsibilities of the provinces.
4. The budget: The national government has the authority to distribute funds to the provinces for
specific purposes, such as infrastructure development and social welfare programs. This can be
used to encourage the provinces to adopt certain policies or programs.
5. The military: Pakistan has a strong and influential military, which can be used to exert influence
on the national government and the provinces x. However, the military has historically played a
controversial role in Pakistani politics and its involvement in domestic affairs is often a source of
tension.

Strength and weakness of pakistan federal government

With the passage of the Independence Act in 1947, Pakistan gained its independence from the United
Kingdom. Karachi hosted the inaugural session of the constituent assembly four days before
independence; this may have laid the stage for a more robust democratic structure in the years to come.
Two defective constitutions were forced onto the people, and the nation was ruled for long times by the
military, who were always popular with the people, but this was stopped by entrenched interests and a
predisposition towards transferring authority to the majority of the prior East Wing of the country.
Despite Pakistan having been independent for 71 years, the country's affairs remain in disarray as the
fight for a genuine parliamentary system continues. While the vast majority of Pakistanis support their
country's parliamentary democracy, the country's top-down structure has slowed growth xi. There was
some controversy, but overall, the general elections of 2008 improved the political atmosphere for
voters and modernized the electoral process to enhance Pakistan's parliamentary democracy. As an
alternative, Canadians engage in representative democracy, in which they elect representatives at
different levels of government to make decisions on their behalf.

Strength and weakness of canadian federal government

Canada, then, is both a constitutional monarchy and a parliamentary democracy. Thus, the Canadian
government is made up of a coalition of parties that has won and kept the confidence of Parliament, and
the constitutionally-bound head of state is a member of one of those parties. Free and fair elections are

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held regularly, the judiciary is'responsible,' and citizens' liberties and rights are protected. Canada
promotes democracy through its parliamentary system, which divides a regular session into session days
and adjournments. A special session of parliament has ended with the approval of the new size. The
new legislative session of Parliament begins with the Throne speech, in which the government's
legislative agenda for the session is announced. Invoked on the advice of the Prime Minister, the
Governor-General has the power to dissolve Parliament at any time during the five-year term. With a
parliamentary dissolution comes the call for new elections and the formation of a new parliament.
Members of parliament are guaranteed complete freedom of expression while debating in parliament
thanks to parliamentary privilege. Legislative precedent ensures that governors in the opposition can
voice their criticisms of the party without fear of retribution thanks to protections written into the rules
of the chamberxii. Canada is a democracy built on the principles of equality before the law, freedom of
the individual, human rights, government transparency, and acceptance of others. However, despite
these benefits, Canadian parliamentary democracy has some flaws, such as a lack of accountability and
transparency in Canadian politics, which are gradually being fixed by the competent executive authority.

CONCLUSION
The research concludes that compared to Pakistan, the Canadian federal system is more effective,
democratic, and well-functioning. Pakistan's system seems to be particularly vulnerable due to the
country's history of prolonged periods of military dominance and proxy military authority, both of which
were underpinned by inefficient decision processes. Responsible governance principles make all levels of
government accountable to the people they serve, making for the greatest governmental systems.
Canada's bicameral legislature and overall system of government were inspired by the British
Westminster model, which had shown to be stable, democratic, and effective. The following are three
hallmarks of such a democratic administration: The administration answers to and relies on the House of
Representatives first and foremost. In a parliamentary democracy, the prime minister of the governing
party has both the executive and prime ministerial authorities. Therefore, the prime minister is a pivotal
person in the administration. The pillars of his leadership are his symbolic leadership of his party and his
ability to effectively oversee legislative activity. Canada's prime minister, like his or her counterparts in
the provinces, has executive power, as opposed to Germany's chancellor. Regarding your second point,
the parliament is the highest lawmaking body in the country. The last resort may be communicated
using this approach. When deciding whether or not a law is constitutional under Canada's "Charter of
Rights and Freedoms," the highest court looks to the court for guidance. However, under the principle of
parliamentary sovereignty, the executive must account to the House of Representatives. Third, the pro-
majority post technique is used to humchoose lawmakers in the first open elections. Multiple viable
political parties have emerged in Canada, which threatens the formerly secure one-party majority.

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