Lecture-10

18th Amendment and its impact on federalism

The federal nature of Pakistan suggests a division of powers between the federal and provincial
governments. The constitution of the Islamic Republic of Pakistan was written in 1973, and it
strikes a good middle ground between federal power and local control. The 18th amendment
(Constitution Act, 2010) to Pakistan's 1973 constitution was adopted by the Senate and National
Assembly in April 2010, and it was widely addressed as a major step toward restoring the
constitution's authority.

The 18th Amendment to Pakistan's Constitution greatly decentralizes power from the federal
government. Second, it rolled back certain major modifications made by military authorities
addressing critical matters like the authority of the President, thereby restoring the constitution's
parliamentary nature. It changed the relationship between the legislature and the judiciary by
delaying parliamentary control over the nomination of judges to the Supreme Court and high
courts. As a last amendment, it removed the concurrent legislative list from the constitution and
added considerable additional powers to the provinces.

18th Constitutional Amendment

The Eighteenth Amendment was the largest, unique, landmark and the most comprehensive
reform package after the passage of the legal history of 1973 constitution. It was passed all the
way with support from all political parties in the Parliament. In pursuance of the motions adopted
by the National Assembly on 10th April 2009 and the Senate on 29th April 2009, the Speaker of
the National Assembly constituted Special Committee of the Parliament on Constitutional
Reforms consisting of 27 members. Only 9 members belonged to three mainstream parties
Pakistan People Party, Pakistan Muslim League-N, and Pakistan Muslim League-Q while 18
belonged to ethnic parties from smaller provinces, as well as religious parties. Senator Mian
Raza Rabbai of Pakistan People Party was elected by the members of the Committee as its
Chairman on 25 June 2009.

The main drive of the package of 102 reforms undertaken through the Eighteenth Amendment of
2010 related to redefining the terms of formal federalism. This amendment almost abolished the
amendments made under the military dictator General Zia-ul-Haq, over 90 articles of the Federal
Constitution of 1973 were interfered with under the 8th Amendment during General Zia's tenure.
Under the same amendment, the changes made under the 17th constitutional amendment made
during the tenure of another military dictator, General (retd) Pervez Musharraf, have been almost
abolished.

The amendment renames the former NWFP as Khyber Pakhtunkhwa in order to put an end to the
long-running debate about the identification of its majority population. Baluchistan has been
changed to Balochistan and Sind to Sindh under the change in the English spellings of the names
of the provinces. Although no reason was given for this change, the members of the
constitutional amendment committee from Sindh and Balochistan said that the purpose of this
change was to get rid of the names used during the British rule.

Article 6 of the 1973 Constitution proposed severe punishments for those involved in treason
against the state and the constitution.

Article 25A has been added to ensure free and compulsory education from the age of 5 to 16
years.

Under Article 38, inequitable distribution of resources and other services among provincial units
has been eliminated.

The infamous Article 58 (2) B introduced by military dictator Zia-ul-Haq and later reinstated
under another dictator, Pervez Musharraf, has been completely abolished.

The procedure for appointing judges has also been changed, earlier this power was available only
to the President, and now this power has been entrusted to the Judicial Commission and a
committee of the Parliament.

Provincial autonomy has been ensured under this amendment. Articles 70, 142, 143, 144, 149,
158, 160, 161, 167, 172, 232, 233 and 234 have been partially or fully replaced by it.
(a) In this, the issue of power generation has been fully vested in the provincial authority

b. Matters like National Finance Commission, Natural Gas, Provincial Debts, Implementation of
Emergency and other legislations have been given to provincial authority.

i. The most important issue in this is related to the implementation of the state of emergency.
Now the implementation of the state of emergency has been given from the President and the
Governor to the Provincial Assembly.

Impact of 18th Amendment on Federalism in Pakistan

The Amendment aimed to increase provincial autonomy and reduce the concentration of power
in the central government. This shift in power distribution had a profound impact on federalism
in Pakistan.

Decision Making:

The 18th Amendment also sought to reinforce the role of the provinces in decision-making
processes. The Amendment introduced the concept of joint decision-making, requiring the
federal government to consult with the provinces on matters that directly affect them. This was
a significant departure from the previous centralized approach to governance, where decisions
were often made individually by the federal government.

Revenues:

Furthermore, the 18th Amendment introduced changes to the distribution of financial resources
between the federal government and the provinces. Under the new system, the provinces were
given a greater share of federal revenues, allowing them to finance their own development
projects and programs. This shift in financial allocation helped to reduce disparities in
development between different regions of the country.

Provincial autonomy:

The Amendment also sought to enhance provincial autonomy by increasing the powers of
provincial governments in areas such as taxation and revenue generation. This move was
intended to empower provinces to take greater control over their economic policies and
planning, while also reducing their dependence on the central government for financial support.

Coordination:

Another significant impact of the 18th Amendment on federalism in Pakistan was the
strengthening of the Council of Common Interests (CCI). The CCI is a constitutional body that
facilitates coordination and cooperation between the federal government and the provinces on
matters of mutual interest. The Amendment expanded the role of the CCI and gave it greater
authority in decision-making processes, further promoting cooperative federalism in the
country.

Distribution of Powers:

The 18th Amendment also had implications for the distribution of legislative powers between
the federal government and the provinces. The Amendment sought to increase the legislative
authority of the provinces by transferring certain subjects from the federal List to the
Concurrent List, allowing both federal and provincial governments to legislate on those
subjects. This change was aimed at promoting greater legislative autonomy at the provincial
level.

Provincial empowerment:

Moreover, the 18th Amendment played a crucial role in addressing grievances and demands for
greater provincial autonomy in Pakistan. By devolving power and resources to the provinces,
the Amendment helped to address longstanding complaints of provincial governments and their
populations, who had long felt marginalized and ignored by the central government. This move
towards greater provincial empowerment was seen as a significant step towards promoting
national unity and cohesion.

Criticism:

Some critics argued that the devolution of power to the provinces could lead to increased
regionalism and separatism, as provinces might seek to assert their independence and autonomy
at the expense of national unity.