 Wafa Zainab  September 21, 2023  CSS Solved Pakistan A!

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CSS Solved Pakistan A!airs Past Papers | Discuss the Nature of

Centre-Province Relations under the 1973 Constitution.

The following question of CSS Pakistan A!airs 2018 is solved by Wafa

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Outline

1- Introduction

The nature of center-province relations under the 1973 constitution

of Pakistan is characterized by a balanced distribution of powers
between a strong central authority and autonomous provincial
governments, reflecting a vigorous commitment to federalism,
regional autonomy, and collaborative governance across legislative,
administrative, economic, and judicial spheres.

2- Historical background of Pakistan’s centre-province

relationship under various phases

✓ Under the 1956 constitution

✓ Under the 1962 constitution
✓ Under the 1973 constitution before the 18th amendment

3- The current nature of the federal-provincial relations after the

18th amendment to the 1973 constitution

Legislative Powers
✓ Article 142: Enhanced provincial autonomy
✓ Transfer of concurrent list subjects
✓ Article 140 (A): Devolution of powers and local
governments
Relationship
✓ Articles 51 and 59: Provincial representation in the
federal government
✓ Article 145: Role of Governer as a federal representative
✓ Article 153: The Council of Common Interests (CCI)
Management of Economic Resources
✓ Article 118: Provincial Consolidated Fund
✓ Article 160: National Finance Commission (NFC) Award
✓ Article 172: Equal share in natural resources
Judicial Relationship
✓ Article 175: Dual judicial system
✓ Articles 175 (A) and 177: Collaborative appointment of
judges
✓ Article 184: Supremacy of the Supreme Court in
resolution of disputes

4- How the federalist structure of Pakistan is impacted by the

crises of provincial governments

✓ Ine!icient devolution of powers to local governments

✓ Inequality and regional disparities
✓ Weakening governance system

5- Critical Analysis

6- Conclusion

Answer to the Question

Introduction

Centre-province relations lie at the heart of a federal governance

model, balancing the equilibrium between national integrity and
regional autonomy. This system entails the decentralization of powers
between the central authority and its sub-units, typically provinces. In
the context of Pakistan, the foundational vision has been steeped in
federalism since its very inception. Nevertheless, the federal
framework has faced persistent disruptions due to fluctuating
governance structures. Consequently, the country has witnessed an
asymmetrical imbalance in centre-province relations, leaving the
provincial administrations in a subordinate capacity for most of
history. Finally, a watershed moment emerged with the enactment of
the 18th amendment to the 1973 constitution, catalyzing a profound
transformation in the governance landscape. Under its contours, the
constitution allows exclusive jurisdiction of a strong centre while
delegating autonomous powers to the provinces in the legislative,
administrative, monetary, and judicial domains. Moreover, resolutory
mechanisms like the Council of Common Interests (CCI) and the
National Finance Commission (NFC) also facilitate constructive
engagement between the units. In brief, this answer explores the
contemporary nature of federal-provincial relations in Pakistan under
the 1973 constitution, delving into the strategies that ensure a
collaborative approach to governance.

“The unity between centre and provinces stands at the

forefront of governance that shapes the lives of
citizens. Empowering this unity means empowering
Pakistan.”

Benazir Bhu!o (former prime minister of Pakistan)

Historical Background of Pakistan’s Centre-

province Relations under Various Phases

The interplay between the federal and provincial spheres in Pakistan

resembles a turbulent rollercoaster ride. Where some governments
tried to reinvigorate the true essence of federalism, others
undermined it for self-serving agendas. At the outset, Pakistan
embraced a federalist philosophy; however, the operational dynamics
remained a sorry comment, with the centre retaining significant
powers, particularly under the Concurrent List of the 1956
constitution. The situation deteriorated with President Ayub Khan’s
military coup, leading to the establishment of a presidential system
under the 1962 constitution. Advancing to 1973, Pakistan adopted its
third charter, yet political instability and chaos remained as pervasive
as ever. These di!iculties accentuated by General Zia’s imposition of
martial law in 1977, resulting in an amplification of the central
government’s dominance. For instance, the 8th Amendment proved
pivotal in conferring the president with substantial powers to
dissolve assembly and depose government under section 58 (2b),
which remained in e#ect for three decades. Finally, the actual
journey towards federalism commenced in the 2000s, ushering in
significant policy changes. This era paved the way for crucial
developments such as the 17th, 18th, 21st, and 24th amendments,
reshaping the landscape of center-province relations in Pakistan for
years to come.

The Current Nature of the Federal-provincial

Relations under the 1973 Constitution of
Pakistan

a. Legislative Powers
✓ Article 142: Enhanced Provincial Autonomy

The 1973 constitution reinforces the concept of provincial autonomy,

a!irming the provinces as autonomous entities and reducing the
federal government’s influence over provincial a!airs. As a result, the
provincial assemblies procure greater control over subjects within
their domain, legislating independently without federal intervention.
This move towards provincial autonomy aims to foster greater self-
governance and empower local decision-making.

✓ Transfer of Concurrent List Subjects

Previously, legislative powers were split into the Federal Legislative

List (FLL) and the Concurrent Legislative List (CLL). In the la#er, both
federal and provincial governments could legislate, with federal law
prevailing in case of conflicts. However, following the 18th
amendment, federal subjects, like defense, foreign a!airs, and
communications, have been limited to the FLL only, and powers have
substantially transferred to provinces through the abolishment of the
CLL, enhancing their legislative authority over a wider range of
ma#ers such as education, health, labor, employment, etc.

✓ Article 140 (A): Devolution of Powers

Article 140 (A) facilitates a three-tiered devolution of power in

Pakistan’s governance structure i.e., from the federal level to the
provincial, and further from the provincial level to the local level. Under
its framework, provinces are authorized to establish local
governments and avail themselves of the expanded opportunities for
self-governance at a grass-root level. For instance, it allows issues
like waste management, infrastructure development, and revenue
generation to be e#iciently tackled by local authorities, benefiting
the community directly. Thus, this provision encourages governance
at the level closest to citizens.

1. Administrative Relationship
✓ Articles 51 and 59: Provincial Representation in the Federal
Government

The foundation of Pakistan’s federal structure rests on the

engagement of provinces in national a!airs, particularly channelled
through the National Assembly (NA) and the Senate. In the NA, the
allocation of seats is proportionate to the provinces’ population size.
Contrastingly, the Senate ensures parity among provinces, regardless
of their demographics. To illustrate, each of the four units
contributes an equal number of senators, amounting to 23 out of
100 seats, ensuring fairness and inclusivity. These dynamics
cultivate an environment of consensus among various administrative
blocks and establish a system of check-and-balance for power
distribution.

✓ Article 145: Role of Governer as a Federal Representative

In each province, a Governor is appointed by the President as his

agent to serve as a representative of federal interests, particularly the
ones concerning areas not falling under any province as specified by
the directive. Being a state’s spokesperson, the Governor’s role
includes tasks like giving assent to provincial legislation and ensuring
the federal government’s active involvement in provincial ma#ers.

✓ Article 153: The Council of Common Interests (CCI)

The CCI is a constitutional body that promotes intergovernmental

coordination and helps resolve disputes between the federal and
provincial governments. It comprises the Prime Minister and provincial
Chief Ministers, alongside others and serves as a platform for
consultation and consensus on policy ma#ers of national importance
like administrative and security concerns. Some of its notable
achievements are exemplified by its role in facilitating the Water
Apportionment Accord (WAA) and the inter-governmental
coordination during the COVID-19 pandemic.

1. Management of Resources
✓ Article 118: Provincial Consolidated Fund

The state confers unique responsibilities upon both the central and
provincial administrations for revenue generation. Where the federal
authority holds jurisdiction over major taxation realms like divisible
pool taxes, non-tax revenues, grants-in-aid, etc., the provincial
governments also wield the capacity to levy taxes and generate
income within their territorial domains, encompassing property tax,
agricultural tax, stamp duties, and self-generated profits. These
revenues are housed in the Provincial Consolidated Fund and the
Public Account. These measures allow the provinces to exercise
autonomy in financial ma#ers like resource allocation, public
spending, and budgetary planning.

✓ Article 160: National Finance Commission (NFC) Award

The NFC is an important institution in Pakistan’s fiscal federalism

framework that promotes equitable distribution of the state’s national
revenue between the centre and the provinces. For instance, from
the divisible pool, out of every hundred rupees, the federal
government receives 42.5 per cent whereas 57.5 per cent goes to
the provinces. Moreover, the allocation via the 7th NFC award factors
in multiple indicators instead of exclusively relying on demographic-
based criteria, which had been the previous norm. This new formula
considers population (82 percent), poverty and backwardness
(10.3 per cent), revenue collection and generation (5 per cent),
and inverse population density (2.7 per cent). In addition, operating
on five-year cycles, the award assesses and revises the formula
based on evolving economic conditions and changing priorities of the
provinces.

✓ Article 172: Equal Share in Natural Resources

The 1973 Constitution also recognizes the provincial governments’

authority over the control and management of natural resources, a
facet previously lacking in preceding administrations. As per the
arrangement, each province possesses a joint entitlement to explore,
exploit, and utilize the natural resources situated within its respective
region, encompassing minerals, oil, gas, and hydropower, among
others. Nevertheless, this often calls for negotiations and
agreements between federal and provincial entities to ensure an
equitable sharing of benefits and the sustainability of the
environment.

1. Judicial Relationship
✓ Article 175: Dual Judicial System

The judicial system in Pakistan stands on a hierarchical two-fold

framework, comprising a Supreme Court and multiple High Courts.
The Supreme Court’s authority covers subjects originally specified in
the FLL, along with the power to hear appeals from lower courts, and
exercise jurisdiction over ma#ers of national interest. In comparison
to it, the provincial High Courts handle cases related to provincial
subjects exclusively. This division of jurisdiction ensures that each
level of government has its own distinctive sphere of authority and
responsibility, which does not meddle with the other.

✓ Articles 175 (A) and 177: Collaborative Appointment of

Judges

The dynamics for judicial appointments demonstrate a collaborative

balance between the centre and its sub-units. Facilitated by the
Judicial Commission of Pakistan, no judge is appointed without
mutual consent and concurrence from both levels of government.
High Court judges are selected by the President, following
discussions with the Chief Justice of Pakistan (CJP) and the
respective provincial Governor. Likewise, for the Supreme Court, the
President’s appointment relies on consultations with the CJP and the
Chief Justices of the High Courts.

✓ Article 184: Supremacy of the Supreme Court in Dispute

Resolutions

The Constitution establishes the Supreme Court of Pakistan as the

highest appellate court in the country, which provides a mechanism to
resolve disputes between the federal and provincial governments. In
situations where uncertainty arises concerning the scope of
legislative or executive powers between the two units, the Supreme
Court serves as a mediator, guaranteeing consistency and
standardization in the implementation of legal principles throughout
the country. Some notable examples illustrating its role include the
Sindh High Court Bar Association vs. Federation of Pakistan case
(2011) and the Pakistan Steel Mills Privatization case (2006).

How the Federalist Structure of Pakistan is

Impacted by the Crises of Provincial
Governments

While the 1973 constitution provides a strong framework for center-

province relations, there have been persistent challenges regarding
the crises of provincial governments, which have had far-reaching
ramifications for the federalist structure of the state, weakening its
foundations. Some of them are discussed below:

Ine#icient Devolution of Powers to Local Governments

Devolution of powers is a principal aspect of decentralization, which

intends to bring governance closer to people and empower local
communities. However, it is a satire that provincial governments,
having advocated for autonomy themselves in the past, have, at
times, fallen short in adequately delegating authority to the
grassroots level. The continuous resistance from provinces to provide
fiscal and administrative powers to the local governments has
obstructed the very notion of federalism. Not only has it resulted in a
concentration of power at the provincial level, but it has also eroded
the principles of subsidiarity and unity of the federation. In the words
of Alexis de Tocqueville,

“Federalism envisions shared governance, but

resistance to local autonomy disrupts this shared
vision, leaving a fractured system in its wake.”

Disparities in Resource Allocation

Although the Constitution strives for an equitable allocation of

resources, disputes over the distribution of resources at horizontal
levels have long been the bone of contention. Where smaller
provinces have argued that federal resources are unfairly skewed
toward provinces with larger populations, the more populous
provinces have voiced grievances about inadequate service delivery.
One such glaring issue is Khyber Pakhtunkhwa’s share in the NFC
divisible pool after the merging of Federally Administered Tribal
Areas (FATA) with the province, following the 25th amendment. As
per the existing formula, KPK has requested additional resources
based on population increase and the region’s prevailing
backwardness. Thus, the financial crises in provincial governance
could exacerbate inequality and regional disparities within the
country.

Weakening Governance System

The provincial units function as the periphery of the central

government and play a pivotal role in the broader governance
framework. Any substantial breakdown within one of these units
triggers a cascading impact on the entire center, leading to
mismanagement and instability. A prime illustration can be observed
in the ongoing inter-provincial conflicts, such as the water-
sharing issues between Punjab and Sindh. These disputes, rooted
in issues of economic disparity and administrative dominance, not
only disrupt the collaborative federal structure but also present
profound challenges in reaching a consensus on ma#ers of national
interest.

Critical Analysis

Critically, the nature of centre-province relations in Pakistan has

consistently experienced dynamic changes throughout its history,
based on changing socio-political dynamics. In contemporary times, it
faces a number of challenges related to issues of resource allocation,
ethnic crisis, fiscal autonomy, and inter-provincial disharmony.
However, the spirit of unity in diversity, inherent in Pakistan’s
constitutional fabric, holds the potential to bridge gaps and
harmonize relations. Hence, by embracing open dialogue, cooperative
decision-making, and demonstrating a steadfast commitment to
common objectives, Pakistan can a#ain shared prosperity and make
significant strides as a unified nation. Henry Ford has rightly said,

“Coming together is a beginning; keeping together is

progress; working together is success.”

Conclusion

To recap, In Pakistan’s historical journey, power dynamics between

federal and provincial governments have witnessed a tug-of-war, with
the central authority often hesitant to relinquish control.
Nonetheless, the 1973 constitution, with its monumental 18th
amendment, marked a turning point, strengthening the federalist
structure in the country and reshaping the dynamics between the
federal and provincial entities. To elaborate, within the legislative
realm, the constitution has eliminated the CLL, empowering provinces
for autonomous legislation. Additionally, in the Economic domain, it
has established mechanisms like the NFC and CPF to ensure fair
resource allocation. Furthermore, it has extended its impact to the
administrative and judicial spheres, marked by the separation of
powers and responsibilities concerning governance and adjudication.
In essence, the 1973 constitution forges a harmonious blend of federal
and provincial empowerment, fostering collaboration and
development at every juncture.

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