Topic: Critical Analysis Of Decentralization In Pakistan According To 18th

Amendment

Course: Consitutional Development In Pakistan

Submitted by: Farwa Sheikh (01-177202-007)

Class: LLB-7(A)

Submitted to: Madam Maryam Sultan

Date of Submission: 05-12-2023

Table of Content

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1 Introduction:.....................................................................................................................................3
2 Salient Features:...............................................................................................................................3
2.1 Introductory Articles:...............................................................................................................3
2.2 Fundamental Rights:.................................................................................................................3
2.3 The Legislature:.........................................................................................................................3
2.4 The Executive:...........................................................................................................................4
2.5 The Judiciary:............................................................................................................................4
2.6 Economic Safeguards:...............................................................................................................4
3 Impact on Provincial Autonomy:....................................................................................................4
4 Local Governance and Empowerment:..........................................................................................5
5 Fiscal Decentralization:....................................................................................................................5
6 Challenges and Criticism:................................................................................................................6
7 Conclusion:.......................................................................................................................................6

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1 Introduction:

The decentralization process in Pakistan has undergone a transformative shift with the
implementation of the Eighteenth Constitutional Amendment in 2010. This amendment
aimed to devolve political, administrative, and fiscal powers to the provinces, thereby
fostering greater autonomy and local governance. This critical analysis delves into the
impact, challenges, and achievements of the decentralization experience in Pakistan within
the context of the Eighteenth Constitutional Amendment.

2 Salient Features:

The 18th Amendment brought the Constitution back into true form, a document designed for
realizing the people’s demand for provincial autonomy. It has amended 97 Articles and its salient
features are as under;

2.1 Introductory Articles:

The 18th Amendment renamed NWFP as “Khyber Pakhtunkhwa” and expanded the scope of Article
6 to include subversion, abrogation and even conspiracy to attempt as high treason. It also barred
the judiciary from validating any such act of high treason.

2.2 Fundamental Rights:

Article 10-A was added, which provided due process and fair trial in criminal proceedings. The right
to information was bestowed under Article 19-A and the obligation was put on the state to provide
free compulsory education under Article 25-A.

2.3 The Legislature:

The amendment took away the President’s power to dissolve assemblies and the position of the
“Party Head” was greatly strengthened, giving him the power to remove parliamentary members,
preventing parties from becoming dictatorships. This power is still restricted however, applicable
only in crucial bills, Prime Minister’s election and votes of no-confidence. The amendment requires a
copy of Money Bills to be sent to Senate for getting their input and suggestions. The amendment
also prevented the dangerous practice of Ordinances being passed ad infinitum by putting a limit on
the extensions which can be made.

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2.4 The Executive:

The amendment curtailed the past practice of Governors abusing their power to dissolve provincial
assemblies under Article 112(b). The concurrent list was omitted and subjects were strictly
bifurcated and highly in favor of provinces.

2.5 The Judiciary:

The 18th Amendment provided a new, efficient and transparent procedure for higher judicial
appointments by adding Article 175-A. The minimum age for High Court judges was lifted from 40 to
45 years and Article 209 was amended to empower the Supreme Judicial Council, (SJC) to remove
incapable judges and punish misconduct.

2.6 Economic Safeguards:

The 18th Amendment empowered the CCI to resolve issues between the provinces and federation
related to many critical matters, like electricity. The National Finance Commission (NFC) can only be
increased, not reduced and its implementation would be strictly monitored by federal and provincial
finance ministers. A highly inclusive and praiseworthy feature was that the natural resources of
provinces would be shared “jointly and equally” between the federation and provinces.

3 Impact on Provincial Autonomy:

One of the primary objectives of the Eighteenth Amendment was to empower provinces by
transferring key subjects from the Concurrent Legislative List to the Exclusive Legislative List. This
shift increased provincial autonomy, allowing provinces to legislate on matters such as education,
health, and agriculture. The devolution of powers was expected to lead to better policymaking
tailored to local needs.

The impact of the Eighteenth Amendment on provincial autonomy has been a subject of academic
scrutiny. Dr. Rasul Bakhsh Rais, in his book "Understanding Pakistan: Emerging Voices from India,"
emphasizes that the transfer of legislative subjects from the Concurrent Legislative List to the
Exclusive Legislative List marked a significant shift in favor of provincial autonomy. However, Rais
also underscores the challenges posed by varying administrative capacities among provinces,
hindering the effective exercise of devolved powers. 1

1
C. JM, Understanding Pakistan: Emerging Voices from India (Routledge 2017)

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However, challenges emerged as provinces grappled with the newfound responsibilities. Disparities
in administrative capacity and resource allocation among provinces hindered the effective
implementation of devolved powers. Some provinces, particularly smaller ones, faced difficulties in
managing the devolved subjects due to limited resources and institutional capacity.

4 Local Governance and Empowerment:

The Eighteenth Amendment also aimed to strengthen local governance by devolving powers to
elected local bodies. The establishment of local governments at the district and lower levels was
intended to enhance citizen participation, accountability, and responsiveness to local issues.
However, the success of local governance varied across provinces.

The establishment of local governments at the district and lower levels, as mandated by the
Eighteenth Amendment, was expected to strengthen local governance. Dr. Aasim Sajjad Akhtar, in
his book "The Politics of Common Sense: State, Society, and Culture in Pakistan," critically examines
the complexities of local governance in Pakistan. Akhtar argues that while the amendment aimed to
enhance citizen participation and accountability, the uneven implementation across provinces has
resulted in varied success in empowering local bodies.2

While some provinces made strides in empowering local bodies, others faced challenges in
transferring authority and resources effectively. Inconsistent implementation and the slow pace of
empowering local governments impeded the realization of the amendment's objectives.
Strengthening local governance requires sustained efforts to build capacity, ensure financial
independence, and promote genuine grassroots participation.

5 Fiscal Decentralization:

The financial aspect of decentralization was crucial for its success. The Eighteenth Amendment
included provisions for increased financial autonomy for provinces, with a higher share of the
National Finance Commission (NFC) Award allocated to them. However, challenges arose in ensuring
a fair distribution of resources and revenue generation.

The NFC Award mechanism faced criticisms for not fully addressing the fiscal needs of provinces,
particularly those with smaller populations. Balancing the interests of all provinces in resource
distribution remains a delicate task, requiring ongoing dialogue and revisions to the award formula.

2
Akhtar AS, , The politics of common sense: State, society and culture in Pakistan (Cambridge University Press
2018)

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The financial aspect of decentralization, particularly the changes in the National Finance Commission
(NFC) Award, is a focal point in the scholarly discourse. Dr. Kaiser Bengali, in his book "Pakistan:
Unfinished Agenda," provides a detailed analysis of the fiscal challenges and opportunities arising
from the Eighteenth Amendment. Bengali highlights concerns regarding the fairness of resource
distribution among provinces and the need for a balanced fiscal decentralization framework. 3

6 Challenges and Criticism:

Despite the transformative aspirations of the Eighteenth Amendment, several challenges and
criticisms have emerged. The lack of a comprehensive implementation strategy, inconsistent political
will across provinces, and resistance from entrenched bureaucratic structures have impeded the
decentralization process. The absence of a coordinated approach has led to uneven progress and
hindered the realization of the amendment's objectives.

Moreover, concerns have been raised about the potential for increased inter-provincial disparities
and the need for a balance between provincial autonomy and national cohesion. Striking the right
balance is crucial for maintaining a unified nation while respecting the diverse needs and aspirations
of different provinces.

Several scholars have critically examined the challenges and criticisms associated with the
decentralization process in Pakistan. Dr. Ishtiaq Ahmed, in his work "State, Nation, and Ethnicity in
Contemporary South Asia," discusses the resistance from bureaucratic structures and the lack of a
comprehensive implementation strategy. Ahmed argues that these challenges have impeded the
seamless execution of the decentralization agenda. 4

7 Conclusion:

In conclusion, the decentralization experience in Pakistan, as shaped by the Eighteenth

Constitutional Amendment, has been a complex and multifaceted process. Drawing on insights from
scholarly works, it is evident that while the amendment has brought about positive changes,
challenges persist in terms of administrative capacities, local governance, and fiscal decentralization.
A critical analysis, as presented in this discourse, underscores the need for a comprehensive and
coordinated approach to address these challenges and fully realize the potential of decentralization
for effective and responsive governance in Pakistan.
3
K Bangali, Pakistan: Unfinished Agenda (Oxford University Press 2016)

4
Ahmed I, State, Nation, and Ethnicity in Contemporary South Asia (Pinter Publishers 1996)

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The decentralization experience in Pakistan, catalyzed by the Eighteenth Constitutional Amendment,
represents a significant step towards empowering provinces and local governments. While the
amendment has brought about positive changes, it is essential to address criticism and the
challenges persist in terms of administrative capacities, local governance, and fiscal decentralization
for a more effective and equitable decentralization process.

Moving forward, Pakistan must focus on strengthening the institutional capacity of provinces,
ensuring genuine empowerment of local governments, and refining fiscal decentralization
mechanisms. A holistic and coordinated approach, driven by political will and a commitment to local
development, is paramount to realizing the full potential of decentralization and fostering a more
inclusive and responsive governance structure in Pakistan.