PAKISTAN STUDIES

ASSIGNMENT#2

Submitted By:
M. Ali Hassan
Enrollment No:
01-131192-023
Submitted To:
MAM NAUSHABA

Department of Software Engineering

Bahria University Islamabad Campus
 ASSIGNMENT#2
:Question:

"Pakistan is a federation in form and unitary in spirit." Discuss it keeping in view the
strengths and weakness of Federation of Pakistan. Also relate your response with the
eighteenth constitutional Amendment of 1973 constitution of Pakistan.

Answer

Federation:

A federation (also known as a federal state) is a political organization made up of largely self-
governing provinces, states, or other territories that are governed by a central federal authority
(federalism). In a federation, the component states' self-government status, as well as the power
balance between them and the federal government, are usually legally protected and cannot be
changed by a unilateral decision by either party, the states, or the federal political body. A
federation, on the other hand, is a type of government in which sovereign power is legally shared
between a central authority and a number of constituent regions, with each region maintaining
some degree of internal control.

Unitary government:

Unitary government is a type of administration in which the entire government is controlled by a

single power, known as the central government. The central location houses all of the authorities'
powers and administrative divisions. The central government has the capacity to expand or
decrease the power of subnational units in a unitary government. It has the ability to both
produce and destroy. Pakistan is a federalist country, although it only meets the bare minimum of
federalism's requirements, and it is more likely to operate as a unitary system.

Federalism in Pakistan:

Federalism has been a contentious issue in Pakistan's constitutional history. Pakistan shows on th
e map as a country with a diverse landscape, with a distance between two wings of more than 10
00 miles. 
Aside from it, there were a number of other reasons that had a role in the federalism debate later 
on.
The desires and needs of a country's geopolitical and sociocultural conditions are tailored to goo
d federalism based on a healthy distribution of Centreunits power relationships. The relationship 
between the Centre and the provinces is based on cooperative federalism. However, heterogeneit
y, a lack of national integration, the absence of a functioning part system, and narrow provinciali
sm taint the ideas of federalism in a number of countries.This is true in Pakistan as well. It is a co
untry characterised by cultural, linguistic, and historical distinctions among its constituent units. 
At the national and provincial levels, there has been a lack of a functional two-party system
level. In the past, the NWFP and Balochistan provinces have increasingly failed to build
coalition-free governments. At the regional level, a number of political parties exist whose
supporters are ethnic and nationalist.
.

Federalism under 1973 Constitution:

Federalism is a crucial link that holds the country together under a single leadership. In the case
of Pakistan, the question and form of federalism has posed a number of challenges to the state's
cohesion and survival. When Ayyub Khan stepped down as Chief Martial Law Administrator
and Yahya Khan took over, he enacted various ordinances that harmed the state's unity and Iram
Khalid Politics of Federalism 205 consolidation. He overturned the One Unit concept and
restored West Pakistan's former status. Baluchistan became an independent province with its
Baloch states after the West Pakistan Dissolution Order of 1970. It was a major move that
proved difficult to implement after the elections, when both major parties, the PPP and the
Awami League, were unable to capture even one seat in opposing wings.This vividly made clear
the polarization of the underlying philosophy of leadership and of masses on the both sides of
borders. The six points of Mujeeb ur Rehamn demanded a week center limited to the issues of
defence, foreign policy and treasury etc. while there was a forceful demand for strong units. The
role of strong center was severely penalized by the East Pakistan leadership with the demand of
separation from the West Pakistan. East Pakistan debacle was an inevitable result of the mal
management of the issues of federating units by the center. Consequently 1973 constitution was
the result of many compromises as the wounds of East Pakistan were yet bleeding. This
constitution introduced bicameral legislature which was a new thing as prior to this unicameral
legislature was introduced with the federation. Position of Prime Minister was strong and
Parliamentary system was adopted. The president was a titular who was the represent of the
state. This constitution issued two legislative lists; federal list and the concurrent list. Apparently
there was adequate autonomy awarded to the units but according to some analysts, there was no
guarantee available against the federal government’s violation and this constitution declared
executive more strong than any other institution which indicate a strong towards a strong center.
Keeping in view the ethnic designs and representation provincial languages were also awarded
de jure recognition. The subsequent scenario proved this step a constitutional flaw which
exacerbated already tense ethnic situation.

The Eighth Amendment:

Eighteenth Amendment is the most significant document incorporated in the institution as this
amendment changed the very nature of the constitution. In 1979 Bhutto administration was taken
over by the army and Martial Law was imposed. This Martial Law extended till the incorporation
of 18th amendment in the constitution. The prime objective of this amendment was to empower
President to dismiss Prime minister and to dissolve Assemblies at his discretion. The important
part is that the governors enjoy the same powers in the units. With this amendment President
acquired the power to appoint the services chiefs and provincial governors with nominal role of
Prime Minister in this process. As far as election of the Prime Minister was concerned, President
could ask any member of the elected Assembly to contests if he/she claims majority on the
House. This procedure was a clear departure from the Parliamentary tradition to the Quasi-
Presidential form. The concentration of the powers in the center and in the office of President
violated and seriously affected the federal character of the constitution.

18th amendment has brought forward positive effects on the constitutional development. At the
same time there are several challenges before it. As far as positive effects are concerned, the first
pleasant impact is seen in the Center Province Relations. 18th amendment empowers the
provinces. Concurrent legislative list is deleted by amending Article 142. These subjects are
transferred to the provinces. Appointment of Governor is yet power of the President but the
Governor must be enlisted in the voters list and the resident of the respective province. It is made
incumbent on the federal government to consult provincial government before the construction
of new hydro-power stations. This is big favor for water resources of the federating units.

This amendment has strengthened the political system as well. Abolition of the Article 58(2) b
has regenerated the spirit of democracy. The power of the President is now bound with the
consent of the representatives of the people at both provincial and national levels. Parliament has
also got sufficient strength under this amendment.

Issues in 18th amendment:

The 18th amendment has also created certain problems. These are the problems that face the
institutions that will be equipped and empowered as a result of the amendment's implementation.
Federating units have legislative authority over the concurrent list. Power has been devolved
from the Centre to the units, whereas provincial powers had previously been ceded to local
bodies. Provinces are now expected to build infrastructure to support the use of these powers as a
result of the devolution. The provinces will receive 20 ministries and 100 autonomous
organizations as a result of the power transfer. Thousands of employees and institutions must put
out a concerted effort. Working within the constraints of the 18th Amendment is also a
significant challenge. To keep up with the consolidation of the state Report of the Sub-
Committee on the Environment, a well-disciplined and mature leadership is required.

On the whole, federalism in Pakistan may have taken the most substantive of its leaps with the
18th Amendment, there are some downside risks that can prove highly detrimental if not dealt
with caution. The overall focus of all political actors, the central and provincial governments has
to foster greater inter-regional harmony to ensure state stability and cohesion. The recent general
elections in 2013 have resulted in a dynamic and pluralized political landscape in Pakistan,
which is a welcome sign. However, with the enhanced provincial autonomy and opposing
political parties holding office in three of the four main regions, there exist divisive risks too.
The 18th Amendment stands well on the grounds of democratic consolidation but it cannot be
considered a panacea for the governance constraints of Pakistan as it is at best an incomplete
process – completion of which would deem imperative more fundamental reforms that ensure
greater public responsiveness but also a stable political and economic union due to greater
efficiencies and accountability mechanisms