THE CASE OF PROVINCIAL

AUTONOMY

“18th Amendment in 1973 constitution of Pakistan”

INTRODUCTION AND PRE PARTITION
BACKGROUND
By Mustafa
Introduction:
▪ Gave autonomy to provinces with creation of new ministries and
services.

▪ Passed in national assembly on 8 April 2010.

▪ Signed into law by President Asif Zardari on April 19 2010.

Pre Partition History:

1. Quiad e Azam’s 14 points (1929).

▪ A uniform autonomy shall be granted to all provinces (2nd point).

▪ All minorities should be represented in constitution with reducing

majority in the provinces.

2. Allama Iqbal’s Call (1930)

▪ NWFP, Kashmir, Punjab, Sindh, Baluchistan should be combined and form a federal government.

3. Govt. of India act (1935).

▪ Amended form of govt. of India act was adopted as constitution.

4. Lahore resolution (1940).

▪ Protection of minorities should be protected in Constitution.

▪ The geographical units must be divided into necessary regions and form an independent state with
autonomous and sovereign constituent units.
FEDERALISM & BENGAL
By Ezad Raza
 Federalism & Bengal:

The concept of federalism can be

traced from the Islamic history
when prophet Muhammad
(S.A.W) gave the concept of
equalism.
Federalism & Bengal:

1. Provincial Autonomy

▪ “A ABILITY OF A PROVINCE TO RELATIVELY MAKE INDEPENDENT DECISION WHILE IT

REMAINS A PART OF FEDERATION.

2. Bengal Distribution.

▪ It is still very strange to think that even Pakistan was a country who flagged the implementation
of equal rights but over centralization lead to one of biggest distribution of history.

3. Misbalance in federal structure.

▪ Three constitution made its way to Pakistan but due to contradictions still it remained
questionable.

▪ Internal crisis a major destruction.

▪ In any state or region people can fight outer forces but if a country is poisoned internally it falls
into very delicate and dangerous situation.
Federalism & Bengal:

▪ Provincial autonomy a big issue since beginning

▪ Unresolved problems and asking for equally rights has been there since beginning

▪ 1973 constitution

▪ Clashes occurred even after 18th amendment regarding provincial autonomy

▪ Disequilibrium and paradox

▪ Major chaotic division between civil, military , ethnic ,religious and sectarian lines
HISTORY OF 18TH AMENDMENT
By Meerab Farooq
History of 18th Amendment:

▪ Heterogeneous society
Pakistan is a home to many different cultures and ethnicities. Pakistani
law allows them to fully indulge themselves in their religion and culture

▪ Autonomy For provinces

Each province has its own tradition and customs which the province
itself can govern better than the Federal.

▪ Charter of democracy 2006

Nawaz Sharif and Benazir Bhutto signed a charter in London to end
Gen. Musharraf’s military rule.

▪ Zardari's Call for the Committee

The bill was based on 8th April 2010 in national assembly and on 15th
April 2010 in senate. It was signed on 19th April 2010 by the president
Asif Ali Zardari.
History of 18th Amendment:

▪ Balochistan and Smaller Provinces Facts and figures:

The smaller provinces felt betrayed and robbed Total Members: Total Sessions:
of their basic rights which gave rise to the 18th 27 77
amendment. Chairman:
▪ Aftermath Raza 8 April
15 April 2010
2010
(senate)
1. Altered 1/3 of constitution Amended 102 (National
assembly)
articles Rewrote the federal-provincial pact
2. As said by Raza Rabani: 19 April 2010(presidential assent)

3. "The most comprehensive restructuring of the

federal and Provincial administration since
1947“.
MERITS OF 18TH AMENDMENT:
By Ch Hamza Younas
Merits of 18th Amendment:
▪ Guarantees Fundamental Democratic Rights by inserting new articles:

1. 10A Right to Fair Trial:

• Fair trial and due process against any criminal charge.

2. 19A Right to Information:

Every citizen shall have the right to have access to information in all matters of public Importance
subject to regulation and reasonable restrictions imposed by law.

3. 25A Right to Education:

Free Education for children of ae 5 to 16 years will be responsibility of State.

▪ Promotes Democracy by ensuring provincial autonomy.

Concurrent list was abolished. Improve inter provincial and center provincial relations.

▪ Giving autonomy to Provinces by assigning Decision-Making Roles.

Provinces are given enough power by giving them decision making roles.
Merits of 18th Amendment:

▪ Paving way for effective development strategy:

Shifting from a "federally planned and provincially executed" system of development to the policy
of local solution for local problems.

▪ Ensures greater accountability by demarcating functional roles of Central Got and Peripheries.

▪ The democratic platform Council of Common Interest was introduced.

It solve power sharing dispute between federation and provinces.

▪ Providing due share to the federating units by guaranteeing Joint and Equal
Ownership of Natural Resources.
▪ Equal distribution of National Wealth through National Financial Commission.

Center 53% 🡪 42.5%

Provinces 46% 🡪 57.5%

Punjab 53% 🡪 51%

Merits of 18th Amendment:

▪ Parliamentary power restore 58-2B.

Federal State made on ideology having multi-cultural people. Powers again

transferred to Prime Minister. President cannot dissolve parliament.

▪ Strengthen the democratic structure of federation of Pakistan.

Reduce the probability of Marshal Law (Article 6 : Treason)

▪ Ban of 3rd Time PM lifted.

The plans can be executed, stability to the political party.

THE PITFALLS AND RISKS OF THE
18TH AMENDMENT:
By Amna
The Pitfalls and Risks of the 18th Amendment:

▪ 18th amendment: created Function-Finance-Imbalance

▪ Made Federal Government a Toothless Tiger

▪ Devolution of Responsibility way more than the ability of Federating Units

▪ Lack of Functional capacity of the federating units and new functional roles

▪ Joint and Equal ownership of natural resources: a breeding ground for contention

▪ 18th amendment- a roadblock to tax reform.

▪ Increased risks to macro-stability with provincial government Ownership of financial institutions

▪ Federal government’s lack of access to financing instruments to secure a common economic

union
Imran Khan and 18th Amendment:

▪ Push for the creation of a new province in

Pakistan which would require a constitutional
amendment and is seen by some as a violation
of the devolution of powers to the provinces
under the 18th Amendment.

▪ Proposed changes to the National Finance

Commission (NFC) award, which determines the
distribution of resources between the federal and
provincial governments.

▪ Criticized for his efforts to centralize power within

his own party, the Pakistan Tehreek-e-Insaf
(PTI), and for his attempts to undermine the
independence of institutions such as the
judiciary and the media.

▪ While Imran Khan's intentions may be to

improve the governance of Pakistan, his actions
have been criticized as violate of the 18th
Amendment.
 THE END
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