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From Centralization to Decentralization: The Evolution of Constitutional Development and Provincial Autonomy in Pakistan

From Centralization to Decentralization: The Evolution of Constitutional Development and Provincial Autonomy in Pakistan

In this article we will discuss the history of constitutional development in Pakistan since 1947 and how 18th Amendment was taken as a revolutionary step towards provincial autonomy in Pakistan.

The history of constitutional development in Pakistan since 1947 is marked by several key phases that reflect the country’s evolving political landscape, the struggle for democracy, and the balance of power between the federal and provincial governments.

The Early Years (1947-1956)

After gaining independence in 1947, Pakistan operated under the Government of India Act, 1935, with some modifications until a new constitution could be framed. The initial years were marked by political instability and the challenge of unifying the diverse provinces and regions into a single nation.

The first Constituent Assembly was tasked with drafting a constitution but faced numerous hurdles, including disagreements over the role of Islam in the state and the distribution of powers between the central government and the provinces.

The 1956 Constitution

Pakistan’s first constitution was promulgated in 1956. It declared Pakistan an Islamic republic and established a parliamentary form of government. However, the constitution did not last long due to political instability and was abrogated in 1958 following a military coup led by General Ayub Khan.

The 1962 Constitution

Under Ayub Khan, a new constitution was introduced in 1962, which replaced the parliamentary system with a presidential system. This constitution concentrated power in the hands of the president and reduced the role of provincial governments, centralizing authority. The 1962 Constitution was criticized for undermining democracy and provincial autonomy.

The 1973 Constitution

After a decade of political unrest, the 1971 war, and the subsequent separation of East Pakistan (now Bangladesh), Pakistan adopted a new constitution in 1973 under Prime Minister Zulfikar Ali Bhutto. The 1973 Constitution is considered a landmark document as it was the first to be unanimously approved by the National Assembly.

Key features of the 1973 Constitution include:

  • Pakistan was declared an Islamic Republic with a parliamentary system.
  • Fundamental rights were guaranteed to all citizens.
  • The Constitution provided for a bicameral legislature.
  • It introduced the concept of provincial autonomy, though with significant central control.

Military Rule and Constitutional Amendments (1977-2008)

From 1977 onwards, Pakistan experienced several periods of military rule under General Zia-ul-Haq and General Pervez Musharraf, both of whom made substantial changes to the 1973 Constitution through amendments. These amendments generally increased the powers of the President at the expense of the Parliament and the provinces. There are two key amendments during this period.

8th Amendment (1985)

Under Zia-ul-Haq, this amendment gave the President the power to dissolve the National Assembly and dismiss the Prime Minister, significantly altering the balance of power.

17th Amendment (2003)

Introduced during Musharraf’s rule, it validated some of the changes made by Musharraf, including increasing presidential powers.

The 18th Amendment (2010)

The 18th Amendment, passed in 2010, is considered a revolutionary step towards provincial autonomy in Pakistan. It was enacted during the tenure of the Pakistan Peoples Party (PPP) government led by Prime Minister Yousuf Raza Gilani. Following are the key features of 18th amendment:

Restoration of Parliamentary Sovereignty

The amendment reversed many changes made by previous military regimes, especially those that concentrated power in the presidency. It restored Pakistan’s parliamentary character by transferring significant powers back to the Prime Minister and the Parliament.

Provincial Autonomy

The amendment significantly enhanced provincial autonomy by abolishing the Concurrent Legislative List, which allowed both federal and provincial governments to legislate on the same subjects. This move transferred numerous subjects to the exclusive domain of provincial governments, including health, education, and local government.

Fiscal Decentralization

The amendment also mandated that provinces receive a larger share of federal revenues, which strengthened their financial autonomy.

Reinstatement of Parliamentary Democracy

It removed the power of the President to unilaterally dissolve the Parliament, making it more difficult for the executive to override the legislature.

Impact of the 18th Amendment

The 18th Amendment is often viewed as a turning point in Pakistan’s constitutional history. It is seen as a step toward true federalism, where provinces have greater control over their affairs. By expanding provincial autonomy, the amendment aimed to address long-standing grievances in smaller provinces that felt marginalized by the federal government.

Criticisms and Challenges

  • Despite its progressive stance on provincial autonomy, the 18th Amendment has faced criticism for creating administrative challenges, particularly in provinces with less developed governance structures.
  • Some argue that the amendment’s devolution of powers to the provinces has not been accompanied by a corresponding capacity-building effort, leading to inefficiencies.
  • There have been debates about whether certain subjects, like higher education and health, should have been devolved to the provinces.

Conclusion

The constitutional history of Pakistan reflects a continuous struggle between centralization and decentralization of powers. The 18th Amendment is considered revolutionary as it marked a decisive shift towards decentralization and provincial autonomy, addressing some of the historical grievances of smaller provinces. However, its effective implementation remains a subject of debate, requiring further reforms and capacity-building at the provincial level.

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