The idea that Pakistan shall be a federation wherein provinces shall be autonomous was contained in the Objectives Resolution of 1949. The framers of the 1973 constitution had also contemplated Pakistan to be a federation with autonomous provinces. Any doubts thereto stood displaced by inserting Article 2-A which made the Objectives Resolution part and parcel of the 1973 constitution.
Unfortunately, through political and bureaucratic engineering, the emergence of a federation in its true sense was delayed. This was because those at the center of the federation were disgusted with the idea of dissolution and devolution of powers to the provinces. Political scientists and sociologists alike agree that the most appropriate method to prevent abuse of power is to distribute powers across all tiers of government devolve powers across the centre, the provinces and local governments. Let us call it decentralization.
The passage of the 18th Amendment aimed at the widespread distribution and devolution of powers between the centre and provinces and further devolution thereof to the local governments. This meant that decentralization made the provinces constitutionally autonomous. It is ironic that ever since the passage of the 18th Amendment, chessboard moves are being made to undo it.
Hurdles have been created, from time to time, to hamper the operationalization of the 18th Amendment in letter and spirit. To this day, a strong centre is being maintained at the expense of provinces despite the stark fact that there is a constitutional obligation to devolve functions, powers, resources and responsibilities to the provinces. The post-18th Amendment era presents a paradoxical situation. On paper and in theory, provinces are autonomous but in practice there still exists a very strong center. This amounts to a fraud on the 1973 constitution and nothing less.
A bare reading of the constitution, as it is, clearly mirrors a concept of administrative federalism based upon a theoretical model guaranteeing provincial autonomy. But one finds an understandable endeavour from one side which is reluctant to abdicate power despite constitutional obligation. An all-powerful federal civil service is unhappy with the constitutionally prescribed system of a functional provincial civil service administering the provinces. The 1973 constitution does not support the federal civil service at the expense of the provincial civil services.
To this date, personnel of the federal civil service especially those belonging to the all-powerful District Management Group (now renamed as Pakistan Administrative Service Group) are appointed as secretaries and chief secretaries of provinces. Along with the police service of Pakistan, the Pakistan Administrative Service Group runs the districts and manages law and order across the board.
The idea of an all-powerful federal civil service as existing today owes its origin to the British colonial regime that ruled the Indian subcontinent which posited central civil servants (their own trusted and recruited Indians of the subcontinent) at top positions across the board in order to retain the strings of control and power at the center.
Seventy-five years after independence, Pakistan is still maintaining an all-powerful federal civil service and the strong strings of control and power are retained by the Islamabad Capital Territory. Is it not a clear affront to the system described in the supreme law of the land? Connected therewith is another poser as to who will bell the cat?
A plain reading of the Objectives Resolution, the 1973 constitution and the 18th Amendment unveils that there is no room whatsoever for the federal civil service to retain administrative control and power over the provinces. This opinion stands further substantiated by a conjunctive reading of Articles 240 and 242 of the constitution which provide for enacting distinct civil service laws and establishing distinct public service commissions at the federal and provincial levels. In a nutshell, every provincial government ought to have its own provincial civil service independent of the federal civil service and such provincial civil service being made under law enacted by the provincial assembly.
It has been a little over 75 years since Pakistan attained independence from the British colonial regime. A strong federal civil service a remnant of the past legacy of the British colonial era exists to this date to exercise administrative control and power over the provinces in spite of constitutional position to the contrary. The existence of this administrative control of federal civil service over the provinces is alien to the constitution. Yet another big question to be answered by policymakers is: who will put an end to such flagrant abuse of constitutional obligation?
The Objectives Resolution, the 1973 constitution and the 18th Amendment were passed to strengthen provincial autonomy, deconstruct the strong administrative control of the federal civil service over provinces and posit a provincial civil service for each province. This is an unholy intrusion into constitutional provisions. This paradox requires immediate surgery. An all-powerful class has virtually made the constitution subordinate. It is strange that the authorities at the helm of affairs at the federal as well as provincial levels are not serious about redeeming the constitutional pledge. As a result, provincial autonomy is being compromised constantly with impunity.
Consistently and constantly, by political engineering, efforts have been made to have a strong centre at the expense of the provinces. Tactics are being employed to reverse the 18th Amendment to the constitution curtailing provincial autonomy by clipping the wings of autonomous provinces in utter violation of the constitution. An example of such engineering is an exponential increase in the number of federal civil servants through vertical and horizontal entries to run the administration of provinces in order to retain and strengthen federal control and power over administration of provinces. This is being done through amending the rules especially CSP (Composition and Cadre) Rules 1954 including other connected and allied orders.
A recurring fraud is being committed against the 1973 constitution and the all-important purpose of provincial autonomy, a hallmark for a federation based upon the constitutionally prescribed theory of administrative federalism ensuring provincial autonomy and decentralization of power. This is being consistently trampled and the very aims and objectives sought to be achieved by the 1973 constitution and the 18th Amendment are being defeated.
The writer is a lawyer and partner at a law firm based in Islamabad and Peshawar.
Read the original post:
The spirit of federalism - The News International
- 2024 Lok Sabha Elections: Need to pitch for Federalism and Special Status for Goa - Herald Goa - April 6th, 2024 [April 6th, 2024]
- 1999 constitution and the quest for true federalism - Nigerian Observer - April 6th, 2024 [April 6th, 2024]
- Federalism is not Apartheid The Mail & Guardian - Mail and Guardian - April 6th, 2024 [April 6th, 2024]
- Modi has delivered confrontational federalism: Congress | Siddaramaiah highlights 'injustices to K'taka | Inshorts - Inshorts - April 6th, 2024 [April 6th, 2024]
- Lebanese Pro-Federalism Activist Alfred Riachi: Prior To October 7, The Standard Of Living In Gaza Was Pretty ... - Middle East Media Research... - February 22nd, 2024 [February 22nd, 2024]
- The Potential Impact of 'Disease X' on Federalism in the U.S. - Medriva - February 22nd, 2024 [February 22nd, 2024]
- 'People's Charter' Puts Federalism at The Heart of Myanmar's Democratic Future - The Irrawaddy - February 22nd, 2024 [February 22nd, 2024]
- Siddaramaiah vs Modi: The 'cess-y' mess in fiscal federalism - Deccan Herald - February 22nd, 2024 [February 22nd, 2024]
- Ideas Of India: Devendra Fadnavis To Take A Deep Dive Into Role Of Collaborative Federalism In Nation-Building - ABP Live - February 22nd, 2024 [February 22nd, 2024]
- Potential of federalism should be realized: PM Dahal - The Himalayan Times - February 22nd, 2024 [February 22nd, 2024]
- Sensible education policy needed - The Kathmandu Post - October 9th, 2023 [October 9th, 2023]
- Both cooperative federalism and competitive federalism have their ... - Insights IAS - August 18th, 2023 [August 18th, 2023]
- Federalism to poll promises: South India CMs bring up host of local ... - South First - August 18th, 2023 [August 18th, 2023]
- Justice Mitchell (Alabama): "The New Bar Exam Puts DEI Over ... - Reason - May 20th, 2023 [May 20th, 2023]
- Season of instability - The Kathmandu Post - May 20th, 2023 [May 20th, 2023]
- Trump Indictment Tests Congress's Role in State Investigations - Bloomberg Law - May 20th, 2023 [May 20th, 2023]
- Big Business' New Plan Would Create Fifty New Immigration Policies - Federation for American Immigration Reform - May 20th, 2023 [May 20th, 2023]
- Senator decries move to block bill loosening Wisconsin abortion law - Milwaukee Journal Sentinel - May 20th, 2023 [May 20th, 2023]
- "Illegally buying time": Congress leader Abhishek Singhvi chastises ... - ANI News - May 20th, 2023 [May 20th, 2023]
- Baby Ninth Amendments Part IV: All the Rights but Not ALL the Rights - Reason - May 20th, 2023 [May 20th, 2023]
- Amid the Fight for Myanmar, Federalism Rises from the Grass Roots - United States Institute of Peace - May 18th, 2023 [May 18th, 2023]
- Lesson from Karnataka respect states and India's federalism - Deccan Herald - May 18th, 2023 [May 18th, 2023]
- Dr. Paul Nolette named director of Les Aspin Center for Government ... - Marquette Today - May 18th, 2023 [May 18th, 2023]
- Sen. Cramer Welcomes ND Witnesses, Discusses Water ... - Kevin Cramer - May 18th, 2023 [May 18th, 2023]
- Utilities, Transmission, and the Grid: An Interview with Ari Peskoe - Brown Political Review - May 18th, 2023 [May 18th, 2023]
- Six months after elections, provincial governments are still incomplete - The Kathmandu Post - May 18th, 2023 [May 18th, 2023]
- NON-FICTION: WHY FEDERALISM ENDURES IN PAKISTAN ... - DAWN.com - May 6th, 2023 [May 6th, 2023]
- Justice Scalia's Unpublished Dissent in Kelo v. City of New London - Reason - May 6th, 2023 [May 6th, 2023]
- Citizens, civil society hold the ruling party, BJP to account ... - SabrangIndia - May 6th, 2023 [May 6th, 2023]
- ED Proposes Title IX Athletics Rule Requiring Participation Based ... - The Federalist Society - May 6th, 2023 [May 6th, 2023]
- The Mysterious Case of the Imposition of Article 355 in Manipur - The Wire - May 6th, 2023 [May 6th, 2023]
- Non-BJP State Governments Not Exercising Accountability, Allowing ... - Daily Excelsior - May 6th, 2023 [May 6th, 2023]
- Two years of Stalin government in Tamil Nadu: Two steps forward - Times of India - May 6th, 2023 [May 6th, 2023]
- What is the issue of gubernatorial inaction in the legislative process ... - Insights IAS - April 29th, 2023 [April 29th, 2023]
- World Bank Approves $100 Million to Strengthen Nepal's Healthcare ... - ReliefWeb - April 29th, 2023 [April 29th, 2023]
- Canada's federal transfer payment system badly needs a tune-up - The Conversation - April 29th, 2023 [April 29th, 2023]
- 50 years of basic structure doctrine | Only safeguard against majoritarian govt: Sr Advocate Ramachandran - The Indian Express - April 29th, 2023 [April 29th, 2023]
- Federalism - Definition, Examples, Cases, processes - Legal Dictionary - February 20th, 2023 [February 20th, 2023]
- What is federalism? | State Policy Network - February 5th, 2023 [February 5th, 2023]
- UPSC Key- January 19, 2023: Learn about Annual Status of Education Report, Federalism and State Legislatures - The Indian Express - January 19th, 2023 [January 19th, 2023]
- Advantages and Disadvantages of Federalism American Government - January 6th, 2023 [January 6th, 2023]
- fiscal federalism | public finance | Britannica - December 26th, 2022 [December 26th, 2022]
- About ALEC - American Legislative Exchange Council - December 12th, 2022 [December 12th, 2022]
- Canadian federalism - Wikipedia - November 23rd, 2022 [November 23rd, 2022]
- U.P. bags top honours at PMAY-U Awards 2021 - The Hindu - November 23rd, 2022 [November 23rd, 2022]
- Political Line sc views on conversions rajiv convicts and federalism and more - The Hindu - November 21st, 2022 [November 21st, 2022]
- Byron Williams: The court is poised to rewrite federalism - Winston-Salem Journal - October 17th, 2022 [October 17th, 2022]
- Why Hindi may set the tone for 2024 - Deccan Herald - October 17th, 2022 [October 17th, 2022]
- A Myanmar roadmap: Charting the path to federal democracy - International IDEA - October 17th, 2022 [October 17th, 2022]
- Next generation of reforms should focus on reducing cost of doing business - Economic Times - October 17th, 2022 [October 17th, 2022]
- Nigeria And The Intrigues Of Insecurity -By Kene Obiezu - Opinion Nigeria - October 17th, 2022 [October 17th, 2022]
- Trudeau's aggressive federalism may leave Ottawa weaker than before - The Globe and Mail - October 15th, 2022 [October 15th, 2022]
- What is Federalism? | CSF - October 15th, 2022 [October 15th, 2022]
- Kerala Against Hindi Imposition; Terms Recommendations Attack on Federalism and Diversity of Nation - NewsClick - October 15th, 2022 [October 15th, 2022]
- 2023: Well Vote for Candidate Committed to Federalism, Diversity, Says UPU - THISDAY Newspapers - October 15th, 2022 [October 15th, 2022]
- Attorney General Knudsen fights Biden administration rule requiring states to reach net-zero highway emissions - Montana Department of Justice - October 15th, 2022 [October 15th, 2022]
- How Scotland can learn from Quebec's third way on constitution - HeraldScotland - October 15th, 2022 [October 15th, 2022]
- Federalism and Why Presidents Fail - THISDAY Newspapers - September 22nd, 2022 [September 22nd, 2022]
- Vedanta and the missing spirit of federalism - The New Indian Express - September 22nd, 2022 [September 22nd, 2022]
- Federalism Most Suited Idea For India In View Of Its Diversity, Centralising Whole Things Will Lead To... - Live Law - Indian Legal News - September 22nd, 2022 [September 22nd, 2022]
- Urging the Use of One Federal Decision Rule to Speed Up Bipartisan Infrastructure Law Projects - Kevin Cramer - September 22nd, 2022 [September 22nd, 2022]
- Constitution Day 2022: Celebrating the right to govern ourselves - Yellowhammer News - September 22nd, 2022 [September 22nd, 2022]
- From Augusta Constitution Day: What does it mean to you? - Press Herald - September 22nd, 2022 [September 22nd, 2022]
- Explained | The office of the Governor: its origins, powers, and controversies - The Hindu - September 22nd, 2022 [September 22nd, 2022]
- Geography Professional Speaker Series kicks off with alumnus from Ohio EPA on Sept. 23 - Ohio University - September 22nd, 2022 [September 22nd, 2022]
- Vector-borne diseases trouble Nepal every year as there is not a single entomologist - Online Khabar (English) - September 22nd, 2022 [September 22nd, 2022]
- The Gujarat factor in the development project - Hindustan Times - September 22nd, 2022 [September 22nd, 2022]
- The downslide in federal relations - The Indian Express - September 22nd, 2022 [September 22nd, 2022]
- Competition between states to attract investment will boost Indias economy - Moneycontrol - September 22nd, 2022 [September 22nd, 2022]
- For state of the nation, look at states of the nation: Niti Aayogs new chief says it will help states learn - Times of India - September 22nd, 2022 [September 22nd, 2022]
- Letters to the Editor: Queen injected vitality, vigour into lives of many - The Kingston Whig-Standard - September 22nd, 2022 [September 22nd, 2022]
- Climate action that runs on cooperative federalism - The Hindu - September 15th, 2022 [September 15th, 2022]
- Javier Perez Sandoval Receives the 2022 William Anderson Award - - Political Science Now - September 15th, 2022 [September 15th, 2022]
- A new Constitutional Convention is a very bad idea | Opinion - Knoxville News Sentinel - September 15th, 2022 [September 15th, 2022]
- Rodney Hero Receives the 2022 Barbara Sinclair Lecture Award - - Political Science Now - September 15th, 2022 [September 15th, 2022]
- Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; 20222023 Seasons for Certain Migratory Game Birds - Government... - September 15th, 2022 [September 15th, 2022]
- Increasing Threat To Federalism From Centrally Sponsored Schemes- Need To Form A Federal Front - Countercurrents.org - September 3rd, 2022 [September 3rd, 2022]
- Breakenridge: Supporting federalism is the only way Alberta can be a partner in LNG exports - Calgary Herald - September 3rd, 2022 [September 3rd, 2022]
- Two tools for tracking the American Rescue Plans local and national impacts - Brookings Institution - September 3rd, 2022 [September 3rd, 2022]
- Opinion | Will election candidates co-operate with CN over intermodal hub? - Toronto Star - September 3rd, 2022 [September 3rd, 2022]