A Re-Appraisal of Centre-Province Relationship Punjab Chapter (2008-2013)

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Federalism in Pakistan: A Re-appraisal of Centre-Province Relationship Punjab Chapter (2008-2013)

PHD Dissertation

FarzanaArshad

Ph. D. Candidate Roll No. 01 2011-2015 Research Supervisor

Prof. Dr. Muhammad IqbalChawla Dean, Faculty of Arts & Humanities, Chairman, Department of History & Pakistan Studies, University of the Punjab, Lahore, Pakistan-54590.

Department of History & Pakistan Studies, University of the Punjab, Lahore, Pakistan-54590.

DECLARATION

I, hereby, declare that this Ph. D thesis titled “Federalism in Pakistan A reappraisal of Centre-Province Relationship Punjab Chapter (2008-2013)” is the result of my personal research and is not being submitted concurrently to any other University for any degree or whatsoever.

Farzana Arshad

Ph. D. Scholar

CERTIFICATE

Certificate by Research Supervisor

This is to certify that Farzana Arshad has completed the Dissertation entitled “Federalism in Pakistan: A re-appraisal of Centre-Province Relationship Punjab Chapter (2008-2013)” under my supervision. It fulfills the requirements necessary for submission of the dissertation for the Doctor of Philosophy in History.

Supervisor

Prof. Dr. Muhammad Iqbal Chawla

Dean, Faculty of Arts & Humanities,

University of the Punjab, Lahore.

Submitted Through

Prof. Dr. Muhammad Iqbal Chawla

Chairman, Department of History & Pakistan Studies,

University of the Punjab, Lahore

External Examiner

III

DEDICATED

To My Loving parents who has been a constant source of warmth and inspiration

ACKNOWLEDGMENTS

First of all, I am thankful to Allah, the Most Merciful and the Most Beneficent, for enabling me to complete my Ph.D. Thesis.

I owe a great deal to my thesis supervisor Prof. Dr. Muhammad Iqbal Chawla who has been a constant source of guidance, support and inspiration throughout the development and refinement of this study. This study would have not been possible without his guidance and support. His diligent review, valuable critique and timely advice were extremely beneficial and added immense value to my research endeavour.

Although my thesis supervisor identified strengths that could be amplified and shortcomings that could be eliminated or minimized, I am responsible for any confusion or misunderstandings that remain in this thesis; I did my best to incorporate the many insightful ideas and comments provided by my kind, worthy supervisor.

The Doctor of Philosophy (Ph.D.) programme was a very well designed and managed academic enterprise in the University of the Punjab. The coursework gave us invaluable insight and skills and added greatly to our research and analytical skills and techniques.

In every endeavour, special people, through chance or circumstance, become part of the fabric of the story. Likewise, the efforts of many sincere and knowledgeable teachers and friends went into the creation of this work. Collectively, they contributed priceless comments that clearly improved the quality of the final product. I am also greatly indebted to Shoab Bin Aziz and Naveed Saleh Siddique from the bureaucracy and my friends Dr. Robina Shoab, Dr. Muhammad Abrar Ahmad and Anam Iftikhar for their

V unconditional support and valuable time. Completion of my research work would have not been possible without their support.

Very special thanks go to my external supervisor, Prof. Sarah Shair Rosenfield, School of

Politics and Global Studies, Arizona State University USA and Charles Hains, Religious

Studies & Global Studies, Arizona State University USA, who despite all their engagements and commitments guided me throughout this work.

I am equally grateful to my entire family, including my husband both of my children and parents, who believed in me and supported me with their love and prayed throughout this study.

Finally, I am grateful to all my colleagues and fellow friends at the University of the

Punjab and Government College University Lahore for supporting me. The debt I owe them for their love, support and patience is overwhelming.

Farzana Arshad

List of Abbreviations

PPP Pakistan People’s Party

PMLN Pakistan Muslim League Nawaz

NFC National Finance Commission

SC Supreme Court

CCI Council of Common Interest

JUI-f Jamiat Ulema-i-Islam Fazlur Rahman Group

MQM Muthidda Qaomi Movement

PMLQ Pakistan Muslim League Quaid I Azam

PFSP Punjab food subsidy program

ATA Anti-Terrorism Act

GPO General Post Office

CoD Charter of Democracy

CCPO Capital City Police Officer

DCO District Coordination Officer i

RPO Regional Police Officer

DDO Deputy District Officer

APC All Parties Conference

FATA Federally Administered Tribal Areas

LFO Legal Framework Order

NWFP North West Frontier Province

HEC Higher Education Commission

EOBI Old-Age Benefits Institution

VII

HEC Higher Education Commission

NRSD National Regulation and Services Division

NEC National engineering Company

KPK Khaibar Pakhtoon Khaw

MNA Member of National Assembly

LNG Liquid Natural Gas

PIA Pakistan International Airline

FIA Federal Investigation Agency

NICL National Insurance Company Limited

NAB National Accountability Bureau

PEPCO Peshawar Electric Supply Company

PIB Power and Infrastructure Board

NACTA National Counter Terrorism Authority

VIII

TABLE OF CONTENTS

Declaration II Certificate III Dedication IV Acknowledgement V Abbreviations VII Abstract 01 Introduction 03 Chapter No. 1 Federalism: A Theoretical framework 27 Chapter No. 2 Centre-Province Relations: A Historical Perspective 58 Chapter No. 3 Functioning of Federalism from 2008 to 2009 88 Chapter No. 4 Centre-Punjab Relations from 2009 to 2013: An Overview 129 Chapter No. 5 Financial Issues: The NFC Award and the Punjab 168 Chapter No. 6 Main irritants between Centre-Punjab 204 Conclusion 263 Appendices 276 Bibliography 329

Abstract

Federalism in modern state system has worked fantastically and enabled the states to create welfare state by devolving maximum powers to provincial and local levels.

Pakistan, by default, emerged as federal states because of accession of federating units,

Punjab, Sindh Balochistan, NWFP (currently known as KPK) to Pakistan in 1947. The centre-province relations since 1947 have passed through many phases as form of government from military dictatorship to parliamentary democracy treated the provinces according to their liking/disliking but the study intends to explore and analyze the Centre-

Punjab relations from 2008 to 2013, an era of Pakistan history which is unique in various aspects and the most importantly provincial autonomy was further granted by transferring the concurrent list to the provinces in the 18th Amendment.. The hypothesis of the study is that during this period there were ups and downs in the Centre-province relations mainly because of the changing approaches and policies of the main political parties of

Pakistan namely, Pakistan People‘s Party and Pakistan Muslim League (N) but the federal structure was refined and can be considered as the best period so far in the history of Pakistan.

The Centre-Punjab relations were not as smooth as is stated above because it has ups and downs. The most important component and the biggest province of Federating unit of

Pakistan the province of the Punjab at times displayed resentment against the Centre when the Federal Government adopted harsh policy towards the federating units particularly against the Punjab and as a result, the province of the Punjab also reacted accordingly. The result of this tussle between the federal and provincial government was that federal system could not attain the high standard as was expected after the

18thamendments. The research has tried to find out the answer of the basic question: Why

Centre-Province relations could not achieve highest standard of federalism despite transferring and devolving more powers to the provinces in the 18th Amendment?

However, the evolution of the federal system during this period can also be called remarkable shining episode of history which will influence the future working of federal structure in the country. The period under discussion is of immense importance which have not yet academically analyzed by the historians and this study intends to achieve that end and fill the important gap in the historical literature.

Introduction

The study attempts to understand the working of federalism in Pakistan during

2008-2013 which is an important period of Pakistan‘s recent history. Pakistan being a

Federal state has four provinces plus (FATA),the Federally-Administered Tribal

Areas,Gilgit-Baltistan and federal capital. However, the study will mainly focus on the relationship of Federation of Pakistan with province of the Punjab from 2008 to 20113.

The underlying hypothesis of the study is that this period witnesses sharp curves, ups and downs in the Centre-province relations mainly because of the changing approaches and policies of the larger political parties of Pakistan which includes, Pakistan People‘s Party

(here after referred as PPP) and Pakistan Muslim League (Nawaz) hereafter referred as

PMLN) with each other. Therefore, the most important component and the biggest province of Federating unit of Pakistan the province of the Punjab at times displayed resentment against the Centre when the Federal Government turned a bit harsh against those provinces which did not have PPP and its ally‘s governments. Thus the province of the Punjab under Mian Shahbaz Sharif also reacted accordingly and as a result this tussle between the federal and provincial governments weakened the centre-province relations and federal system could not attain the high standard as was expected after the 18th

Amendments. Federal system evolved during this period is remarkable epoch of history of Pakistan, it has deep implications for the future of the federation in Pakistan.

Therefore, it is very important to know and analyze the working of federal system from

2008 to 2013, a phenomenon the historians have not yet properly studied and examined.

Those who have written on the federalism in Pakistan have not covered this crucial period of Pakistani history. Therefore, it is of immense importance to find out what

3 werethe Centre – province relationship of the Punjab with the centre from 2008 to 2013.

The study will also probe into the major as well as minor issues relating to the federation and the province of the Punjab that caused estrangement between them. This study would also examine the collaborative approach, if any, of the federation and the province to address the challenges facing by the federal structure. The study particularly would be interested to find out working of the federal system under the 18th and 19th Amendments which provided opportunity to the federation and government of the Punjab to negotiate and participate within the state‘s projected activities. By exploring and analyzing the federal system during 2008 to 2013, the study, hopefully, will bridge up the research gap in the existing historical literature of Pakistan.

If we see the US concept of federalism and keep in view its success as no cracks in it have been observed over the centuries, we will find answer in the autonomy provided to the federating units. Keeping in view the above, one can easily find the reason of the defiance voices and a huge crack on the history of Pakistani federalism.

Pakistani establishment have always supported the strong centre. The provinces have been deprived from many of the subjects. It was sense of being deprived that East

Pakistan could not kept its way along with Islamabad. The most beautiful moment and maturity in the working of Pakistani federalism was observed in the period under discussion from 2008 to 2013. It was a time of democratic rule after a long authoritarian regime of General Mushrarraf. A mature approach adopted by the two biggest political parties in the country. The 18th amendment was passed during this period and many of the subjects were trickle down to the provinces.

‗Federalism‘ is a political order emphasizes political maximization and participation. Federalism is considered a tool for creating unity among the diverse cultural groups in a general ―one general government and various other parochial governments for the purpose of accommodating the various diverse forces for maintaining unity and diversity.‖1 Federalism emphasizes in the distribution of supreme powers and authorities between the centre and the provinces. It is two folded government and both folds are supreme and independent in their own realm with some checks and balances. Stein stated, ―it is a form of a political system of a nation, in which the institutions, values, attitudes and patterns of political system of a nation, action operate to give autonomous expression to both the national and regional political systems and cultures‖.2 Powers are distributed constitutionally in such a way that the matters regarding the common interests and of national interests are given to the central government while all others matters of provinces are entrusted to the federating units. In every federation the political, economic and social autonomy is highly ensured and maintained in order to safeguard their identity and status.3

Federating units enjoys maximum autonomy in the regional matters but in different countries provinces have their own constitutional bodies and political structures.

A constitutional amendment with the general consensus of all the stake holders can alter and mould the constitution. According to George Anderson ―if there is an essence of federalism, it is that there are two constitutionally established orders of government with some genuine autonomy from each other, and the governments at each level are primarily

1Mehrunnisa Ali, Politics of Federalism in Pakistan (Karachi: Royal Book Company, 1996), 7. 2Michael Stein, Federal Political Systems and Federal Societies (Toronto: Earnest Benn, 1968), 41. 3Mahzar Ul Haq, Political Science: Theory and Practice (Lahore: Bookland, 1959), 312

5 accountable to their respective electorates‖.4 In any kind of federal state constitution play a predominant and significant role in removing and preventing different kinds of doubt, violation or dispute arising pertaining to the distribution of powers between federal and the provinces. Constitution is given excessive powers to check and bring a balance between centre and units. Neither centre is allowed crossing its constitutional limits nor federating units. ―The fundamental and distinguishing characteristic of federal system is that neither the central nor the regional governments are subordinate to each other but are instead coordinate‖.5

Pakistan is a federal state since its establishment following the Partition of the

Sub-Continent in 1947. However, Pakistan‘s political stability has been interrupted by four periods of military intervention. In Pakistan strong military and weak civilian governments have remained in a tussle over the national power. It has resulting to a number of problems and a weak control over law and order. The differences between the federation and the federating units have been observed, also there are conflicts about the allocation of the financial resources.

There have been steady endeavors to fathom contrasts between the Federation and combining units. Amid the period here under discussion, the region of the Punjab was administered by Mian Muhammad Shahbaz Sharif, an outstanding figure of Pakistan.

Shahbaz Sharif is likewise sibling of Mian Nawaz Sharif, acclaimed lawmaker and three times Prime Minister of Pakistan. Shahbaz Sharif has lived in a state of banishment in

Saudi Arabia and London with his family because of an arrangement made with Pervaiz

4George Anderson, Federalism: An introduction (Canada: Oxford University Press, 2008), 4. 5R.L. Watts, New Federations-Experiments in the Common wealth (London: Oxford University Press, 1966), 10.

Musharraf. The Sharif siblings came back to Pakistan in 2007. Both of the siblings once took a stab at returning to Pakistan following a High Court choice that Nawaz Sharif was allowed to return at whatever point he needed. On May 11, 2004 his plane arrived at

Allama Iqbal International Airport Lahore yet he was captured and again expelled to

Saudi Arabia inside a couple of hours.6 The Supreme Court of Pakistan gave its decision in August 2007 and allowed both of the brothers to return to Pakistan.

Shahbaz Sharif was elected 2nd time as Chief Minister of the province of the

Punjab on June 8 2008. ―He received 265 votes from the members of the 371-seat provincial assembly of the Punjab.‖7 Speaking after his election as the Chief Minister of the Punjab, he called the President Musharraf to resign from presidency. He was able to won the vote of confidence in the provincial Assembly by June 09, 2008.

The second term of Mian Shahbaz Sharif as Chief Minister of the Punjab stayed short till 25 February 2009. By 25 February 2009 both of the Sharif siblings were proclaimed excluded by the Supreme Court of Pakistan. On 31 March 2009 the Supreme

Court of Pakistan reestablished the legislature of the Punjab and Mian Shahbaz Sharif came back to the workplace as Chief Minister of the Punjab. Mian Shahbaz Sharif remained a solid commentator of the national administration of PPP and said a few times that majority rules system is the name of administration for the majority however government sitting in Islamabad was slightest worried for the everyday citizens. On

August, 2012, Punjab Chief Minister Shahbaz Sharif named stack shedding in the area a trick incubated by the league and President Asif Ali Zardari. Punjab Chief Minister

6http://www.pakwatan.com/gov_detail.php?id=36. Accessed on 15.04.2914. 7http://www.pap.gov.pk/html/loh_e.shtml. Accessed on 10.04.2017.

Shahbaz Sharif proceeded with his challenge against the government about different issues especially against the more terrible kind power close downs in the Punjab. He was of the view that the central government is indicating segregation with the region of the

Punjab over the power supply from the National Grid.

The President Asif Ali Zardari had forced representative's govern in the Punjab

(through Governor rule) took after by the preclusion of both of the Sharif siblings. With the burden of representative's run, the region was gone straightforwardly under pressure and could not get a legitimate place. Nawaz Sharif called for road unsettling and challenge about the court choice. He was of the view that the choice of the court was on the requests from the President Zardari. Asif Ali Zardari contributed to the exclusion of

Nawaz Sharif, and the present choice was additionally as indicated by his desires said

Akram Sheikh, a legal counselor for Mr Sharif, after the decision.

Mian Nawaz Sharif shared his furious perspectives to the press about the choice of exclusion and his lead in the Punjab Assembly: I need to tell the country that it should face this disorder, to this judgment, to this illegal judgment, to this contemptible demonstration by the leader of this nation, Zardari. He said that Pakistan can't bear the cost of the political vulnerability and the economy is just above water because of an

International Monetary Fund advance, Islamist aggressors undermine the security of the atomic outfitted express, the war on psychological oppression in disliked and against

American estimation is overflowing. A strain and standoff between the president Zardari and Nawaz Sharif had been fermenting since they constrained previous armed force boss

Pervez Musharraf to stop from the workplace of the President in August 2008. The court's choices occur seven days in front of races for the upper house, Senate. The

8 political effect of this choice will be greatly negative and if not took care of appropriately this can undermine prospects of vote based system in Pakistan, Hasan Askari Rizvi, political investigator situated in Lahore, said. ―This basically adds up to barring one of the major political gatherings from the political procedure.‖8

Sharif's supporters challenged the choice in the boulevards of Lahore and different urban areas crosswise over Punjab, consuming tires and droning hostile to government trademarks. The general population of the Punjab were with them. It didn't look great, said an ex-Cabinet serve from a gathering in Zardari's coalition. Sharif's supporters were looking the Supreme Court as an apparatus of Zardari, and Sharif had declined to perceive the authenticity of a central equity as he was named by General

Musharraf after his second Martial law in November 2007. Subsequent to coming back from banish in late 2007, Sharifs restored their fortunes by sponsorship the legal advisors' development crusading for the reestablishment of a Supreme Court boss equity who had been suspended by General Musharraf and rejected.

As far as it matters for him, Mr Sharif said he ―in particular‖ needed compromise with the government and precluded a quick come back to control. I am not extremely sharp essentially to wind up the head administrator or the president. We will hold up until the following decision. We need to help the alliance, we need to help the present government in Islamabad, said Mr Sharif. Who was viewed as a moderate with populist impulses and was named by his supporters the ‗Lion of the Punjab‘.

8The Express Tribune, 27 February, 2009.

Therefore, with the changed political landscape after the removal of military dictator General Musharraf in 2008 from the political power, not only democracy was restored but also with the new hope of mutual respect, coordination and cooperation political culture was refined. Charter of Democracy, signed in 2006 between the two main political parties PPP and PMLN, enshrined the mechanism how the political leaders and political parties will devise the power sharing formula and how they would address dispute, if any, arise in future with mutual understanding so that in future democracy should not be derailed. Therefore, it was expected that the Centre-province relations in

Pakistan will take better shape and federal system will achieve highest standard as the

PPP in the Centre and PMLN in the Punjab decided to form coalition governments, a unique political development never witnessed in the history of Pakistan and this study would like to explore and examine the Centre-Punjab relations with this perspective.

Hypothesis/ Research questions

The study aims to explore and analyze the working of federalism with special reference to Centre- Punjab relations during the PPP government at the centre. The hypothesis of the study is that during this period two main political parties, Pakistan

People‘s Party and the Pakistan Muslim League (N) worked in cohesion because after the charter of democracy both parties came into power in centre and province and showed great responsibility and that helped them to complete the term of office first time in the history of Pakistan. Consequently, it contributed to the best working of federalism that was unique in its kind.

However, the study will try to find answer to the following queries:

1. What were the dynamics of Federalism in Pakistan from 2008 to 2013?

2. What type of relationship had been maintained by the centre with the

federating units particularly with the province of Punjab during the period

under discussion?

3. What was the response of Province of the Punjab towards the policies of the

central government?

4. Why Centre-Province relations could not achieve highest standard of

federalism despite transferring and devolving more powers to the provinces in

the 18th Amendment?

5. What is the Significance of the working of Federalism in the history of

Pakistan?

Literature review

Much has been written on the theory and practice of Federalism in Pakistan but very few historians have penned on the period under discussion. However, there are some useful writings which provide the theoretical and historical background of the system of federalism in the democratic countries of the World and also federalism in Pakistan during the period 2008-2013.

These writings can be divided into three categories; one category provides us the theoretical framework to understand how the federal system is working in the world and did Pakistan try to adopt those positive characteristics of federalism which make those

11 countries successful; secondly, writings directly deal with the history of federalism in

Pakistan till 2013, and the thirdly, works discuss, though in pieces and bits, the system of federalism in Pakistan during the period under discussion. Therefore, here is a brief review of the literature that has been produced so far:

First of all I would like to present review of literature of the category number one that deals with theories about the federalism and their manifestation in the world democracies.

D. Karmis and W. Norman9 gives a deep insight about the theory and evolution of federalism in the world. The book brings together the old and modern perspective and writings that explore almost all the theories of federalism from 17th to 21stcenturies and include USA, European, and Canadian social philosophers. It also highlights the merits and demerits of federalism in comparison to the unitary form of government. It is a very useful book to understand the theory and evolution of the federal form of government, which helps develop theoretical framework of the present study problems.

Erik wibbles10 explicitly explains the problem of federalism and federal stability.

It is a comprehensive treatise on the theory and concept of federalism. This enlightens us to understand the constitutional government, representation and political parties under the federal system. The institutional principals for reforms in the theory and practice of federalism in this book help to understand the role of institutions in the federalism this help refine the theoretical framework of this study because we also notice that institutions in Pakistan have been playing role in making federation strong or weak.

9 Dimitrios Karmis, and Wayne Norman, eds. Theories of federalism: A reader (Springer, 2016). 10Erik wibbles, ―Designing Federalism: A Theory of Self-Sustainable Federal Institutions‖, Perspectives on Politics 2(03) (2004):631 – 632.

Kyle Scott11describes federalism as an institution for the contemporary democracies. The book tells a coherent normative theory that is applied to study the conflict resolution in the world. The author argues that the decentralization of governance of federalism can allow politics to operate in a facilitating manner. The author sees the politics as an organic entity in a contrast to the contemporary liberal scholars. He does not defend federalism on the economic type of advantages. However he argues that human aspect of flourishing itself and to participate selectively in the matters of governance. His treatise is quite useful to understand how and why the Pakistani parliamentarians in 2010 after long experience, arrived at to devolve and transfer more powers to the provinces for better and smooth working of the federalism.

The second category deals with the writing on the system of federalism that worked in Pakistan from 1947 to date. Here is a brief review of those works

Muntzara Nazir12 in her book (2008) writes that Federalism is one of the unequivocal highlights of the considerable number of constitutions of Pakistan and it constitutes an essential section in the political and sacred history of Pakistan. There have been tried distinctive models of government in Pakistan in which federalism remained an essential and lasting component. The genuine routine with regards to federalism stayed one of the real difficulties looked by Pakistan since its initiation. The foundations of this issue can be followed in British India. This examination gives an extensive and orderly investigation of the nature and elements of government framework under between time

Constitution of 1947 and the primary Constitution of Pakistan 1956. It likewise portrays

11 Kyle Scott, Federalism: a normative theory and its practical relevance (USA: Bloomsbury Publishing, 2011). 12 Muntzra Nazir, Federalism in Pakistan: Early years (Pakistan Study Centre, University of the Punjab, 2008).

13 the fundamental issues stood up to by federalism in Pakistan and gives its cures too. In any case, her book is extremely helpful in understanding the foundation of the present examination. It covers just the period till 2008 and consequently, does not break down the period under exchange and there is space for additionally examine.

Syed Jaffar Ahmed13 attempts to seek the connection between the regionalism and federalism. As per the creator there is different kind of territorial inconsistencies in

Pakistan due its diverse political foundation. Numerous sacred plans are presented in

Pakistan's political framework with a specific end goal to decrease the provincial unevenness. These plans did not distinctively watch the financial and political substances so as an outcome it didn't fulfill the fundamental and legitimate idea of federalism. These plans were diverse in frames yet comparable in their substance and application.

Democratization of the general public was started yet stayed inadequate from 1947 to

1985. Different renditions of constitutions were intended to suit the enthusiasm of the decision classes yet stayed inside the system of the administration of India demonstration of 1935. No endeavors were made to outline another constitution which could meet the standards and requirements of the country. This book gives helpful data about the hypothesis and routine with regards to federalism in Pakistan however does not break down the period under exchange.

Iram Khalid14 holds that Government framework basically is a component to create a harmony amongst league and combining units. Actually government structure creates solidarity amongst focus and regions. is received to sort out and manage

13Syed Jaffar Ahmed, Federtalism in Pakistan A Constitutional Study (Karachi: Pakistan Study Centre, University of Karachi, 1990). 14Iram Khalid, ―Politics of Federalism in Pakistan: Problems and Prospects‖, South Asian Studies 28, no. 1 (2013).

14 connection between combining units and the inside. It is a gadget to fit the opinions of independence without influencing the solidarity of the state. National issues are overseen by the middle while nearby interests are controlled by the common government. In the feeling of Dicey a political contraption proposed to accommodate national solidarity with the support of state rights. These game plans are accommodated through a constitution.

To the extent root of the league is concerned it is aftereffect of centripetal and radiating propensities. There are basic risks and monetary interests that drove unifying units towards a league. This is the way that prompted the US, Switzerland and Australian league appeared. Furthermore this is land immensity of the express that leads towards decentralization and league. Surrender just a halfway sway to the inside and keep control of their neighborhood issues secure with them. Alongside social and monetary interests it is basic that there must be a total uniformity among the part units. Without this factor a fruitful alliance can never work. Predominance of Prussia is the recorded case in the defeat of German Empire. It was a similar feeling of imbalance and difference that realized disaster of East Pakistan. As federalism is a sensitive trade off amongst solidarity and self-rule, there require a develop political capacity and legalism for the congruity and achievement of this framework. There must be a profound respect for the constitution of the state among the commonwealth and there must a readiness to acknowledge the choices of the parliament and legal. Notwithstanding merits in her book, it doesn't give inside and out dissect of the hypothesis and routine with regards to federalism in Pakistan amid the period under dialog. She additionally does not thoroughly feature the middle

Punjab relations from 2008 to 2013.

According to Mehrunnisa Ali15, The government framework in Pakistan seemed, by all accounts, to be the main conceivable system for keeping up harmony between the clashing weights for solidarity and decent variety. Be that as it may, the presence of exceedingly concentrated government did not imbue a feeling of national incorporation rather it offered ascend to radial powers. Little regions which remained for provincial self-governance unequivocally disliked an effective focus. The development of regionalism other than being a response of the little territories against the task of a profoundly incorporated alliance additionally seems, by all accounts, to be a result of; (1) the prevalent position of Punjab in organization and military circles and (2) the One Unit

Act. The One Unit Act caused a feeling of hardship among the territories which felt that they were denied an equivalent say in the issues of the state. East Pakistan disdains this

Act like there's no tomorrow since it had carried it at standard with the West nullifying its populace lion's share. Balochs, Pushtoons and Sindhis likewise called it a one-sided and

Punjab strategies to quell the littler nationalities under its influence. Be that as it may,

Ayub, Bhutto and their antecedents thought about a capable focus basic for keeping up and merging national solidarity. Notwithstanding, the experience of a brought together league under absolutist govern has demonstrated the paradox of the contention. National attachment of individuals can nor be accomplished by drive nor it be reinforced by centralization. It develops progressively in an air of cooperative attitude and common trust with break even with interest of the units at government approach settling on and choice executing levels. Without these conditions diffusive powers will undoubtedly turn out to be intense as they did in Pakistan. Centralization of energy ended up being a revileand regions understood that without genuine alliance and decentralization with

15Mehrunnisa Ali, "Federalism and Regionalism in Pakistan."Pakistan: Government and Politics 12 (2000).

16 greatest self-sufficiency state can't be held, thrived and be sovereign. This centralization brought nothing yet, thought of provincialism and feeling of hardship that leads towards distance amongst focus and regions. Little territories progressed toward becoming casualty of this centralization particularly in Balochistan, Sindh, outskirts and Bengal since every one of the arrangements whether that were in regards to government or local ruled by Punjab with a high deliver focus. A solid government presence generates outward powers instead of a feeling of incorporation and solidarity. Without a doubt her book is valuable in understanding the foundation of the working of the Federalism in

Pakistan, in any case, it doesn't examine the period that present writer means to talk about.

Mohammad Waseem,16keeps up that the main stage was portrayed by centralization of specialist and disposal of the government structure inside West Pakistan.

In the second stage, federalism bobbed back and bit by bit pushed ahead even with impressive difficulties from the centralist structure of state specialist. Notwithstanding, the Lahore Resolution has been praised in light of the fact that it openly defended the nonconformist plan of the Muslim League. It additionally underlined the (con-) federalist desire of Bengali, Sindhi, Baloch and Pakhtun patriots who translated it as the establishment of another social contract among areas, to end up some portion of the new state. Federalism in Pakistan has a past filled with a forward development under regular citizen lead (1973-77, 1988-99 and 2008) and a retrogressive walk under a military-drove government (1958-71, 1977-88 and 1999-2008). The previous has a tendency to be populist and accord based. The last takes a gander at federalism as a formula for

16 Mohammad Waseem, Federalism in Pakistan (Islamabad: Forum of Federation, 2010).

17 weakening of state expert. Be that as it may, governments under both regular citizen and military set-ups demonstrated an inclination to control the handbag and approach at the cost of territories. Federalism as an image of shared sway remains to some degree tricky, even as Pakistan has bit by bit moved towards making an adjusted coordination between the organization and unifying units. Waseem's book gives intriguing data very pertinent to the present task however it doesn't break down extensively the period under exchange, hence there is a space for assist examination and examination that this investigation means to do.

Raza Rabbani17 expounds the inside region relations saying that, "political, social and monetary federalism are altogether required to reinforce majority rules system and advance improvement in Pakistan. Without federalism, nation will look like to a "bonsai tree'. Japanese horticulturists have consummated a technique for overshadowing trees by developing them in little compartments and reliably pruning their foundations. Rabbani committed last two parts of his book to the representatives and individuals from national gathering who demonstrate the lights in the murkiness. Raza Rabbani's book is amazingly helpful as he gives us direct record of the working of federalism from 1947 particularly from 2008 to 2011. He himself was a fundamental performing artist and strategy producer amid this period who defined and verbalized the arrangement of federalism and started the eighteenth Amendment and that influences this treatise as exceptional source about the federalism amid the period from 2008 to 2011.But even his to book covers just working of federalism till 2011 and consequently, the writer did not investigate and break down the whole time frame under exchange from 2008 to 2013 subsequently there is

17Rabbani, Mian Raza. A Biography of Pakistani Federalism Unity in Diversity (Leo Books, 2011).

18 plentiful space for additionally concentrate to comprehend a total age of history of

Pakistan. The present creator means to investigate, look at and examine the period from

2008 to 2013 in light of the fact that it was the first occasion when that the parliament finished its full term and until the point when one explore the entire time frame one can't have extraordinary picture of working of federalism in Pakistan

The 3rd category of the literature includes material available about the history of

Pakistan including the theme under discussion. But they have not directly deal with the theme which the present author has taken for her study. However, these writings are useful in many aspects and therefore here is a brief review of these works:

Ilhan Niaz,18 has inspected the way of life of energy and administration in

Pakistan amid 1950s-1980s and quickly up to 2010. He additionally alludes to the old time frame in history and also to different nations in Europe and Asia other than the

South Asian Subcontinent. He terms the example of administration under Emperors in

Europe and South Asia, e.g., under Mughal Empires, as "mainland bureaucratic domain".

In this framework the heads thought about the state as their private bequest and relied upon administration for controlling an immense nation. In this framework the soundness of the state relied upon the capacity of the sovereign. At the point when the ruler debilitates, the workers cut out individual bequests for themselves and there is political agitation. Once more, when a solid ruler rises, little states are combined into a solitary excellent state. Intense rulers, for example, Chandragupta Maurya or Akbar could oversee through power, yet less capable rulers got themselves unequipped for controlling huge realms. The creator subsequently centers around rulers, their administration, military,

18 Ilhan Niaz, The Culture of Power and Governance of Pakistan1947-2008 (Karachi: OUP, 2011).

19 legal, police and back. His fundamental postulation is that in post-autonomy administration, the rulers, while practicing power, have "relentlessly relapsed" into a pre-

British frame. He adulates the most recent 70 years of British administer due to the foundation of organizations and presentation of the standards of pay, eminence, responsibility and expirit de corps in administrations. By and by the administration deteriorated to the degree that Lal Masjid tested the writ of the state in Islamabad in

2007, and in 2009 the Taliban activists solidified their control over an extensive piece of

Khyber Pakhtun khwa. Quickly after autonomy in 1947, senior non military personnel hirelings were "unobtrusively working themselves to death" for re-organizing the state.

Amid April 1953 – March 1969, Pakistan was represented by CSP officers, senior military officers and components inside the legal. Furthermore, "there was unquestionable change in the proficiency of the organization as legislative issues had retreated. The creator has exhibited a depressing picture of organization and isn't idealistic about what's to come. It gives the idea that he has for the most part relied upon interviews with resigned senior common administration officers, and appears to have offered assurance to their proof of relapse of principles. What's more, other than interviews and distributed material, he has utilized declassified record held by the

National Documentation Center and Cabinet Secretariat Library and such Book Reviews

99 official archives as "Report of the Special Committee for Eradication of Corruption from Services, 1967" and "Report of the Committee on the Study of Corruption 1986".

Be that as it may, his book gives helpful data to estimate the arrangement of government and culture of energy in Pakistan yet it does neither talk about the arrangement of federalism nor the working of federalism amid the period under exchange.

Christophe Jaffrelot19 says that Pakistan was conceived as the production of tip top Urdu-speaking Muslim populace who tried to oversee another express that would keep up the strength of their locale. The creator is of the view that in the wake of energizing non-Urdu talking pioneers around him, Jinnah gave a unitary meaning of the new country state with a phonetic decent variety. This was a kind of centralization that

'supported' by the Indian danger, and encouraged radial powers that likewise brought about Bengali patriotism in 1971. To some degree Baloch patriotism too and furthermore as Mohajir rebellion amid nowadays. The writer composes that convergence of energy in the hands of the foundation has stayed like a standard, while dictatorship has seen its top under military run the show. Vote based system has fizzled and the govern of law stayed delicate in the nation especially under Zulfikar Bhutto and later Nawaz Sharif. The creator says that Jinnah and Ayub Khan viewed religion as a social marker. So from 1947 the Islamists have step by step won in the nation. The Islamic gatherings have profited from the help of General Zia and others. Today, Pakistan is confronting existential difficulties including ethnic and partisan. Anyway the creator centers around the versatility of the nation and country.

Hamid Khan20 dissects sacred improvement in Pakistan from its origination to the present day. It gives a case-by-case record of constitution making in Pakistan, and the incorporation of all related documentation makes this basic perusing for the understudy of law and legislative issues. It likewise gives a liberal, helpful perusing of the travails of law individuals and the part of legislators and civil servants in the usage of the law. Be

19Christophe Jaffrelot, Pakistan Paradox, Instability and Resilience, Translated, Cynthia Schoch, 2nd Edition (India: Randon House, 2015). 20Hamid Khan, Constitutional and political History of Pakistan (Islamabad: Oxford University Press, 2007).

21 that as it may, this book is likewise useful in the understanding the foundation of the present examination as it covers just the period till 2008 however the writer neither talks about the period under exchange nor considerations to research the Center-Punjab relations.

Iftikhar H. Malik21 features the issues of administration in Pakistan and keeps up that those are established in a constantly hazy and adversarial relationship among the powers of specialist, belief system and ethnicity. In view of hypothetical and observational research, this book centers around critical topics, for example, the oligarchic state structure commanded by the military and administration, common society, Islam and the arrangement of Muslim personality in British India, protected conventions and their subversion by coercive strategies, legislative issues of sexual orientation, ethnicity, and Muslim patriotism versus local patriotisms as upheld by Sindhi patriots and the Karachi-based Muhajir Qaumi Movement (MQM).

Obviously this work is additionally gives helpful data about the elements of the federalisms in Pakistan yet the creator has demonstrated no enthusiasm to explore the

Center-Punjab relations from 2008 to 2013.

Ian Talbot22 has composed a superb book about the historical backdrop of the nation. This book has filled the need of a wide and complex comprehension of Pakistan.

Pakistan is a nation which is comprehended by numerous in the Western world just as far as generalizations, as an obsessive, dictator and a sort of reactionary nation. Numerous others negatively contrasted Pakistan with tolerant, vote based and dynamic India and see

21Iftikhar H. Malik, State and Civil Society in Pakistan: Politics of Authority, Ideology, and Ethnicity (New York: Macillan Publication Ltd, 1997). 22Ian Talbot, Pakistan: A Modern History, (NY: Routledge, 1999).

Pakistan just by that edge. In this book Ian Talbot has composed that there is a need that

Pakistan ought to be considered important in its own specific manner as a nation of 130 million individuals. Ian says that in actuality an unpredictable plural society which is however significantly formed by the pioneer legacy and conditions is en route of quick change. The creator's has profoundly talked about the topic of majority rules system and has braked down numerous generalizations. He has attempted to give the appropriate response of the vexed inquiry of why majority rule government has prevailing in India.

Furthermore, why Pakistan has been liable to significant lots of dictatorship administrations amid its initial five many years of presence.

Ishrat Husain23 has talked about that the economy of Pakistan was extremely powerless at the season of its autonomy, anyway in the initial 40 years of its reality it was of the best ten financial entertainers among the creating nations. The books disclose to us that in 1970s the monstrous nationalization which was joined by a huge hit to the business certainty and a kind of disengagement of the economy. An exceptionally inclusion in the US drove Afghan was in the 1980s came about into a broad ethnic and partisan savagery has unequivocally disturbed the social texture of the nation. In the time of 1990 Pakistan began falling behind in the nations of the locale and yearly potential development diminished from 6.5 to 4.5 percent. The universal picture of the nation has demonstrated an expanding picture of the fear based oppressors and religious radicals, who have undermined lawfulness and the security of the nation. The book is a profound investigation of the financial circumstance and peace and security of the nation.

23Ishrat Husain, Governing the Ungovernable, Institutional Reforms for Democratic Governance(NY: Routledge, 1999).

Research Gap

The mentioned review of the available literature clearly reflects a sufficient research gap in the available literature about federalism in Pakistan. This study, by analyzing the working of the Centre-Punjab relations from 2008 to 2013, hopefully, will fill up the gap in the existing literature of the history of the country.

Thesis Outlay

The study consists of six chapters along with introduction, conclusion, bibliography and appendixes

Chapter one entitled ― Federalism: A Theoretical framework‖ will deal with various theories of federalism which have been presented by thinkers in different times to the present time. It also discusses the origin, growth and working of system of federalism being practiced in the world. This chapter will be helpful in contextualizing the theory and practice of the federal system in the world and will also help us to find similarities and is similarities between the system of Pakistan with the rest of the world

Second chapter titled ―Centre-Province Relations: A Historical Perspective‖

Surveys the history of working of federalism in Pakistan from 1947 to 2008 which will throw light the strength and weaknesses inherited in the system. It is alleged that it was weaknesses in the system of federalism that the East Pakistan got separation from the

West Pakistan because the Bengalis believed that the East Pakistan did keep on exercising the provincial autonomy.

Chapter 3rd is titled, ‗Functioning of Federalism from 2008 to 2009‘, the chapter explains that in 2008, coalition governments were formed in the centre and in the province of the Punjab. It was unusual phenomenon because it resulted in the best working of federal structure in the history of Pakistan. However this coalition turned into a tough relation after the appointment of the new governor of the Punjab Salman Taseer.

He was a controversial political figure. The trust deficit between the federal government and the government of the Punjab was gradually increased due to the political activities of the Governor of the Punjab. The Supreme Court of Pakistan disqualified the Sharif brothers from holding any public office on 25th of February 2009.This chapter will focus upon the tense relation between the federation and the province of the Punjab during

2008 to 2009 to the point of the restoration of the judiciary.

Chapter 4 of the dissertation is titled ‗Centre-Punjab Relations from 2009 to

2013: An Overview’, the chapter will include enforcement of unanimously passed 18th

Amendment. The research in the chapter will focus the issues that came across after the

18th amendment, between the centre and the Punjab. It is believed by many that the 18th amendment was a one of the bravest and greatest step towards the provincial autonomy in the history of Pakistan. It has resulted into a strong and more sophisticated federal structure.

Chapter 5titled ‘Financial Issues: The NFC Award and the Punjab’, deals with the financial problems between the federal government and the province of the

Punjab. The Constitution of 1973 was framed after the tragic incident of 1971 and balance between the federation and the federating units were created. However, one can find that the history of Pakistan can again be divided into kind of regimes namely

25 democratic and the military dictatorial regimes. In the history of Pakistan the provinces complained against the over centralization of military regimes and in democratic periods the balance somehow was restored. Despite minor political differences the democratic parties under the democratic governments work with better understanding and take decisions with consensus and democratic means.

Chapter 6 of the dissertation titled, ‘Main irritants between Centre-Punjab’ is last chapter of the study. It will focus upon the major irritants such as disagreement of centre-province about the mode, method and timing of restoration of Judiciary, to eliminate corruption in the country, to cope with the energy crisis and to address extremism, Memogate, Raymond Davis, Abbotabad operation and Swiss Account cases and dismissal of the Prime Minister of Pakistan. These issues caused estrangement between the centre and the province of the Punjab. The study will try to prove the point that despite above-mentioned irritants between the centre-Punjab, a sort of harmony in terms of coordination and legislation convincingly existed between the federation and the province of the Punjab.

Chapter One

Federalism: A Theoretical Framework

Federalism is the most refined and effective state structure that most of the nation states in the modern times have adopted for the working and functioning of the state machinery. Though, there is a space for debate that which system, whether unitary or federal system is better because unitary form of government in some states is equally producing very good results and ensuring public goods however, most of the countries in the West have adopted the federal structure for their states and they are producing better results and apparently their supremacy in the world is connected with the success of their system. The founding father of Pakistan had adopted federalism as the ultimate panacea of all the challenges confronting the regions. The concept of federation which was afoot after the passage of Indian Act of 1935, has had been applied in Pakistan since 1947. The history had witnessed federal structure, successfully or unsatisfactorily but it has been working since the birth of the country. In fact, the history of federalism is the oldest one and therefore numerous thinkers and philosophers have written sufficiently about the concept of the state, its structure and it‟s functioning in various epochs of history.

Therefore, it is of immense importance to understand how and why the federalism emerged and what kind of functions it performed from ancient city states of Greece to modern times and what the philosophers have spelled out about the better and smooth functioning of the federal structure in modern times. However, an attempt is made in this chapter to understand the different theories about the federalism so that theoretical framework of the thesis can be built to prove the point that, where there is mature and refined federal structure, the state machinery functions for the betterment of state and

27 society as the federating units take more duties to shoulder the responsibilities of the internal matters whereas the external matters and key subjects remain in the domain of the federal government. Various theories are highlighted in the following pages that will enable us to understand and construct the history of working of the federal structure of

Pakistan from 2008 to 2013 and to explore how Federalism dealt with the problems of marginalisation and widespread polarization in Pakistan.

Introduction

The US federalism is viewed as the best and the most comprehensive around the globe. The American government hypothesis is built on the idea of self-rule of the combining units. That is the fundamental reason of the achievement and smooth working of the American federalism throughout the US history over two hundred of years. Since its establishment, the United States dreaded focal oppression. This dread was so strong that at first, the recently free US was a Confederacy. In any case, following four years it ended up obvious that a barely more grounded local government was decent enough in binding together the country and tackling its most prominent problems. The idea was a restricted Federation, inevitably it was conceived that a Federalist structure would be embraced. Thus, the local government was reinforced. The US Constitution was revamped to give more energy to the local government. The Bill of Rights was made to explicitly ensure the privileges of people and states. More prominent balanced governance was established in the local government (bicameral lawmaking body, more noteworthy energy to US Supreme Court). The Founding Fathers of US were mindful so as to guarantee that numerous parts of Confederacy still existed, for example, States

28 having their own constitutions and types of self-decided governments. The federating units having their own tenets in view of the idea of self-rule.

From the outset, it is important to understand the definition, meaning, application and evolution of the federalism. Carl J. Friedrich, an American philosopher has explained the term federalism in the following lines:

“Federalism appears to be on the group level what association is on the

interpersonal level. It unites without destroying the selves that are uniting,

and is.... organised cooperation of groups as groups.”24

The history of federalism in the world is as old as the history of governance system in the world. Here it is important to discuss the theory of federalism and its practical shape. It is believed that federalism has remained in practice since ancient times.

It was in practice in the Greek City States and these city states were united for worship and for the resistance against the enemies. ―In the medieval times three notable confederations were established‘.25 These three confederations were ―Lombard

League‖26, it was in the northern Italian cities, the Henseatic League in the north of

Germany achieved political and commercial strength and the third one was the

Netherlands confederation. While making an inquiry about federalism a question comes in mind that what were the reasons for the adoption of federal form of government. An

24 Carl J. Friedrich, ―New Tendencies in Federal Theory and practice‖, Quoted in, Ivo D. Duchacek, Comparative Federalism, the Territorial Dimension of Politics (New York: Rinehart and Winston, 1970), 188. 25John H. Ferguson, Dean E. McHenry, The American Federal Government (New York: McGraw-Hill company, 1953), 64. 26 Ibid.

29 examination of the world states exposes a striking fact about the federal form of government that all these world nations are geographically large.

Nearly all countries very large in area have adopted the

federal principle. Among these far flung nations utilizing

federalism in one form or another may be listed the Soviet

Union, United States, Canada, Australia, Argentina, Brazil

and Mexico. 27

Precisely all the world states with federalism, there is strong concern of historical and ethnic reasons which were the main hurdles on the way of unitary form of government. In the evolution of modern state federal form of government was the natural solution of issues. America, which is a vast country, federalism was thought to be the solution of political concerns ―…yet wished to preserve individuality in local affairs.‖28

Federal government, the term is used for political discussions and is not clearly and specifically given a clear meaning. Going into the inquiry of federalism and federal government it is “an association of states, which has been formed for certain common purposes, but in which the member states retain a large measure of their original independence‖.29 In the present world, federalism is been associated with the United

States of America, but this also a debate as it is not written in the constitution of United

States as a federalist government or federal state. None the less “it has always been called the federal constitution, and now a day everybody regards the United States as an

27Ibid., 65. 28 Ibid. 29K.C.Wheare, Federalism Government, Fourth Edition (London: Royal institute of International Affairs, 1963), 1.

30 example of federal government.”30 For the understanding of federalism, in the view point of many historians one must study the American system of government. According to the

American constitution the―field of government is divided between a general authority and the regional authorities which are not subordinate to one to another, but co-ordinate with each other‖.31

In the modern concept of state there are three major types of government. These three include unitary system where most of the power is held by the federal government with a very little power shared by the political subdivisions. The most uncommon is confederation, which can be explained as a union of equal states. And these states make a union with some powers at the national level. Generally it is observed that conflicts occur among the states, and they lead into the breakdown of confederations. The most important and viable type of government is the federal system. In federalism few government share powers in a same geographic area, the central government holds lot of powers; however the smaller political units also hold substantial powers. The United

States, India, Pakistan, Canada, Germany, Mexico, Belgium, Brazil and Australia are the examples of the federal system of government.

Articles of US Confederation

United States of America got independence from the British because the

American people thought that the United Kingdom had been working under the unitary system which had deprived the Americans from enjoying the autonomy. Therefore, after getting independence from the United Kingdom the initial system and type of

30Ibid. 31Ibid., 2.

31 government that introduced in United States of America in 1776 was confederation.

Confederation apparently was anti thesis of unitary system where there were numerous articles of confederation. Confederating units were made so strong that the confederation was having a very limited authority in USA and operated manly through the ―voluntary consent of the states‖32. The confederation was not given any authority to enforce its orders, and central government had no authority in the internal affairs of the states. It was a confined authority, limited with the general interests only, and these general interests were common defence, war and diplomacy.

After the declaration of independence by 1776, America was pushed in the war of independence, after that states became independent sovereign states and these states made some rearrangement regarding their coordination.

“The solution was the articles of confederation and perpetual

union, first proposed in 1776 but not adopted until 1781. Taken

together, the Declaration of independence and the articles of

confederation constitute the first American constitution.”33

There is no specific agreement of what federalism actually is all about the discourse of federalism therefore no specific theory of federalism that can be applied in the study. The term itself is unclear and controversial. It is often used to describe a process of combining territorial communities that previously had not been directly joined

32Akhtar Majeed, Ronald L. Watts, and Douglas M. Brown (Ed.), A Global Dialogue on Federalism: Distribution of Powers and Responsibilities in Federal Countries, Vol. 2 (Montreal: McGill-Queen‘s University Press, 2005) 298. 33Ibid.

32 into a new unit of common interest, policy and action....34 The term federalism is also used for non-territorial and non-political ways, the term has also been used as

―ecumenism‖35, it means making and making renew the unity among some common ethnic groups or creed. There are various examples in the world of these non-political associations of federation and the main goals of these associations are services, entertainment and production, chambers of commerce, sports and posts, ―...chess and stamp collectors clubs. One might perhaps argue that the American League is a baseball confederation rather than an alliance.‖36 There are various other examples of federations whose functions and interests are not political and not territorial. They generally promote different professional skills, prominently some are the American federation of Labour

(AFL-CIO), The United Federation of Teachers, The Trades Union Congress in Britain,

The Swedish Federation of Labour, The Federation of British Industries (FBI)37

Apart from the fact that there are various examples non political federal unions, however the most unique example of federalism is the type of system that has been implemented in the various countries of the world. Making the explanation and defining federalism, there are two basic components, the political authority is divided in some autonomous sets, one is central level and the other federating unit is the provincial level, both of these levels operate their respective government directly upon the people. The second and the federal level, reflect the ―...existence of a single, indivisible yet composite federal nation is simultaneously asserted.‖38 Federal type of system is selected for a

34 D. Duchacek, Comparative Federalism, the Territorial Dimension of Politics (New York: Rinehart and Winston, Inc., 1970), 189. 35Ibid. 36Ibid. 37Ibid. 38Ibid., 192.

33 number of reasons, prominently among these reasons are: the size of the country and diversity of cultures, it is also selected because of split of language, for example

Switzerland is a federal state, despite the fact that the area of the country is very small.

America is a considered a federal state because of its huge territory and diversity of culture. At the same there is a different but successful example of China, who is extremely diverse nation, in culture, in size and in population but still have not a federal but unitary system. China found unitary system more suitable to it ideology and its ideologically oriented history. That system of confederation proved unsuccessful in

America. In confederation ―...some states began coining their own money and creating their own trade barriers and the state government were too weak on their own to ensure the rule of law.‖39 All these constitutional issues were discussed in the constitutional convention of Philadelphia by 1787. The result was the new constitution of United States of America. The system of confederation was replaced by the federal system in the constitution. ―It was a unique form of governance and it was the first ever structured form of government according to the principles of what we call these days federalism.‖40 The strongest example of federalism is the federalism of the United States. It has evolved with the passage of time. The study of US federalism tells us the concept of ―dual federalism‖41 and ―cooperative federalism‖42.

39 Ann L. Griffiths. Ed., Hand Book of Federal Countries (Montreal: McGill-Queen‘s University Press, 2002), 343. 40Ibid. 41 Dual federalism holds that the federal government and the states are co-equals and both are sovereign. In this theory the constitution has been interoperated in a narrow and conservative style, such as the 10th amendment and the supremacy clause, the necessary and the commerce clause. 42 The cooperative federalism tells that the federal government is supreme over the states.

Federal Structure in US

In the world history of governance, the confederation had existed in the world for centuries but there was no example of modern federalism as such before the system in the

US. Confederation means loose central government while we see in federalism a dual system of governance, which actually was a revolutionary idea by 1789. In the United

States of America, there is a written and ratified constitution. The US constitution provides a system of dual federalism comprising both the national and the state governments as sovereign in their competence and matters.43 It is observed that over the times the role of national government has largely expanded and practically the US federalism has largely become cooperative and interactive. In the beginning of the US federal history most of the functions of the government remained with the states, ―for the first two generations under the constitution, the United States resembled a confederation almost as much as it did a federation.‖44 It is generally believed that for the first fifty years of the operation of federalism it operated in a much decentralised manner.45 So far as, the present situation of American federalism is concerned it is ―much more centralised that it once was.‖46 In the American federal system, the constitution grants powers simultaneously to the US government and the state governments. In the constitution of

US, Article 1 section 8 grants the federal government of the US government the powers of coining money, regulating the inter-state trade and commerce, declaring war, rising an

43Ronald Hamowy, The Encyclopedia of Libertarianism (Sage, 2008), 169. 44Danial J. Elazar, ―Confederations and Federal Liberty‖, The journal of Federalism 12, 4 (1982): 13 For a same finding, see Jake Rakove, ―The Lagacy of the Articles of Confederation,‖ The Journal of Federalism 12, 4 (1982): 45-56. 45 For details see Ellis Katz, ―The Development of American Federalism, 1763-1865,‖ The Federal Idea: A History of Federalism from the Enlightenment to 1945, Andrea Bosco, ed. (London: Lothian Foundation Press, 1991), 39-50. 46Akhtar Majeed, Ronald L. Watts, and Douglas M. Brown (Ed.), 301.

35 army and navy and also to establish laws of immigration. Generally, the public opinion has remained on the side of State autonomy, with less federal interferences, especially in the fiscal matters. ―From the time that George Washington took the oath of office in 1789 to the stock market crash of 1929, most Americans clearly favoured small government in general and a very small federal domestic presence in particular.‖47 The history of US federalism has remained evolving; the present shape is based on the concept of state autonomy, with less federal interference. “Federalism in old style is dead. Yet federalism in new style is alive and well and living in the United States. Its name is intergovernmental relations”48. In this story of change there are historical reasons marked by the great crises of the social change, several economic shocks and the turn of agrarian society to a stable industrialized society. According to Thomas R. Swartz and

John E. Peck that―Tracing the great changes in the relationship between Washington and the state-local systems over the last two hundred years, however, it provides only part of the picture of the American federal system. Contemporary federalism is marked by fiscal diversity, intergovernmental competitiveness, and state local resiliency, three significant features‖.49

Provincial Autonomy

Individual liberty was the main concern in mind of the US constitution makers.

The declaration of the independence is called the “life, liberty and the pursuit of happiness.‖ The American constitution makers thought that the liberty of the society

47 Thomas R. Swartz and John E.Peck (Ed.), The Changing Face of Fiscal Federalism (New York: M. E.SHARPE, INC., 1990),18. 48Micheal D. Reagan and John G. Sanzone, The New Federalism (New York: Oxford University Press, 1981), 3. 49 Thomas R. Swartz and John E.Peck, The Changing Face of Fiscal Federalism, 17.

36 could be under threat by the distant government (which was the British) and the local government too. Though the local government was to be democratically elected but it can also reflect, the majoritarian passion ―and short term selfish interests.‖50 At the same time democracy was a necessary condition for the protection of human rights. James Madison was of the view that the rights of the individuals can be better protected in a large and extended republic in which the leaders and the representatives of varied interests could participate and encourage in decision making and the rights of the minority party should be protected. It was also in the minds of the constitution makers that the accumulation of powers in the hands of faraway federal government can again give birth to imperial rule, which can again be a threat to human liberties and individual rights. So the solution was sort out in the form of federation where states would be responsible for the domestic decision making and policies. And the strong federal government will go ahead with the matters of national concern, like commerce international and foreign affairs. The result of this debate shows that there is a dual federalism in the United States with dual sovereignties, such as state and the national government. In the American constitution, there are many fiscal provisions that describe the fiscal matters and powers of the states and the federal government. It is written in the US constitution ―the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare‖.51 There are many fiscal clauses which put limitations to both federal and the state governments. The federal government for example, is

50Akhtar Majeed, Ronald L. Watts, and Douglas M. Brown (Ed.), A Global Dialogue on Federalism: Distribution of Powers and Responsibilities in Federal Countries, Vol. 2 306. 51U.S. Constitution, Article 1, Section8.

37 prohibited from taxing the exports of American products.52 It is also written in the constitution and the constitution stipulates that all the federal taxes must be uniform throughout the United States.53 So this is a check and a different rate of tax cannot be imposed on any state from any state. The concept of provincial autonomy is gradual and evolutionary. Most of the federal governments believe in the concept of provincial autonomy. That is considered one of important aspect which gave freedom to a certain level and on the other hand keeps the unity of federation. In the American federal system the state and the federal government both enjoy a very high level of autonomy. The US states write their own constitutions though the elected constitutional conventions, and generally get the ratification from the voters by polls. Public officials also selected through the voters and there is no governor as a federal representative, appointed by the federal government in the states. Keeping in view the cultural and traditional realities, the states structure their governments and fulfil their needs, (there are some exceptions that a reader can find regarding the structure of government in states within the US). It is important to mention two changes, which were, through the popular pressure adopted.

These are those western states where progressive movement of American politics was generally strong ―...adopted the direct initiative, a system under which voters, by collecting signatures on a petition, can place an issue directly on the ballot to be voted upon the citizenry at the next election.”54

52U.S. Constitution, Article 1, Section 9. Quoted by Bernard P. Herber, Fiscal federalism in the United States of America, Research Monograph No. 10 (Canberra: Centre for Research on Federal Financial Relations, The Australian National University), 2. 53U. S. Constitution, Article 1, section 8. 54Akhtar Majeed, Ronald L. Watts, and Douglas M. Brown (Ed.), A Global Dialogue on Federalism: Distribution of Powers and Responsibilities in Federal Countries, Vol. 2, 302.

Constitution and its supremacy is the considered the first principle of the system of federalism. In the words of ―Alexander Hamilton...law by the very meaning of the term, includes supremacy.‖55 Law is a rule which all is supposed to obey and observe.

Law is and results in the every political association. When the individuals become part of a society, the society laws must be supreme for the regulation and conduct of the individuals, and so on at the level of a larger political society, ―its constitution must be supreme over the societies and individuals of whom they are compose.‖56 Constitution as being the supreme document of the state tells the basic fundamental laws to all the authorities to exercise their powers. It also tells the validity of the laws to all the powers and all the subjects about their rights. At federal level supremacy of the constitution means subordination of all the powers, including legislative, executive and judicial, whether it belongs to the entire nation or individual states.57 It‘s the constitution who guarantees that both of the governments, the federal and the provincial remain within the prescribed limits of power. The constitution, which is the first notion of federalism, Syed

Jaffar Ahmed has implies three important things in this regard: first is that the constitution must be written, the 2nd is that the constitution must be rigid to the level that it must define a proper process of amendment and 3rd is the sovereignty of the parliament.58 Generally it is observed that the constitutions are classified in two ways that is written and unwritten constitution. The constitution of Great Britain is unwritten so it is important and suggested that the federal system should have a written constitution. It is

55 Alexander Hamilton, James Madison John Jay, The Federalist Papers (New York: The New American Library of World Literature, Inc., 1961), 204. 56 Ibid. 57A. V. Dicey, An Introduction to the Study of the law of the Constitution (London: English Language Book Society and Macmillan, 1973), 144. 58 Syed Jaffar Ahmed, Federtalism in Pakistan A Constitutional Study, 47, 48.

39 important for the federal system that it should describe the binding nature and powers of the federal and federating governments in the written form. So one can say that the constitution is an art and result of deliberate efforts for making fundamental principles, under which a government is organised and conducted.59

The division of powers is considered the most important principle of the system of federalism. It is 2nd in the list of the description of federalism and is indispensable quality of the federal state.60 The division of powers is a distinctive feature of the constitution of a federal state. While in a unitary state the concentration of powers and authority is considered the most important feature. The division of powers is the first manual of instructions of the federal state and also the first check point for any inspector of the federal constitution.61 The federal system is a system of dual government, so the prime objective of the federal government involves around the division of powers and authority between the federal and federating units.62 In federal system each government coordinate and also remain independent with other governments. The two governments, infect two set of governments execute their executive powers at different spheres and different levels. Through this the contents of these two spheres must be determined by some precise methods.63 There are various ways of dividing the powers between the governments within federalism, however around three ways have been suggested by the constitutionals and political theorists. In the views of some theorists the powers exercised by the general government should be specific and rest of the powers should be left for the

59 Eddy Assirvatham, Political Theory (Lucknow: The Upper India Publishing House Ltd.), 451. 60 C. F. Strong, Modern Political Constitutions (London: The English Book Society, 1975), 88. 61 S. Rufus Davis, The Federal Principle: A Journey Through Time in Quest of Meaning (Berkeley: University of California Press, 1978), 142. 62A. V. Dicey, An Introduction to the Study of the law of the Constitution, 151. 63William S. Livingston, Federalism and Constitutional Change (Oxford: Oxford University Press, 1956), 10.

40 federating/regional governments. It is a way through which the position of federal and the power sharing component government can be strengthened. In this way of federalism the powers of federating units are not mentioned by names, so this infect gives unlimited authority and powers to the federating units. The 2nd important way described by the political scientists is to allocate and define the powers of the federating units and to leave rest of the powers to the federal government. This way of power sharing has ―strengthen the federal authority at the expense of the separate members of the federation.‖64 There is another way of division of powers described by the political theorists; it is to divide and distribute the powers in three lists, which is called the federal, provincial and concurrent.

In all of these three methods, the real spirit of federalism actually needs that the division of powers should be made in a way that neither general nor regional government is subordinate to the other.65 It can be said that the division of powers is indispensable for the federal system for a long and stable political structure. All the federal systems have always the capacity to improve, adopt and inculcate new things.

“...Political life simply cannot be perfectly or permanently be

compartmentalized.”66 Players, resources, beliefs, issues, the language of

politics, the names and dimension of things, the ways of persecution and

coercion all change, sometimes all dramatically, but more often as

imperceptibly as the changes voice of address and communication

between aging parents and growing children.‖67

64C.F. Strong, Modern Political Constitutions, 89. 65 K.C. Wheare, Federal Government (London: Oxford University Press, 1963), 12. 66Ivan Bernier, ‎ ‎dna‎scimanyD‎cimonocE‎:edarT‎lanoitanretnI‎dna‎secnivorP‎naidanaC“‎,etteniB‎érdnA Legal Adjustment‖, IRPP , (1988): 112. 67 S. Rufus Davis, The Federal Principle: A Journey Through Time in Quest of Meaning, 142-143.

For the survival in a compatible world, the federal structure must have space and

―capacity to work, manipulate, improvise, bridge, adjust, extend, bend and accommodate the division to cope with the new, the unforeseen and unintended situations‖.68 It is particularly important for those societies which are still developing and operating federal system. Theses societies see rapid changes in political, social and economic spheres and as a consequence are in a state of constant improvement and change. It is important that the constitution and its federal provisions should be responsible for any such new changes and changes should not go to the extent of danger to federalism.

The political history of the world shows that there is no single model for example, which can be called as an ideal model of federalism, however there are shapes and variations in practice. The historical situations and pressures affect the functions and model of government. Same is the case with power and its distribution in the federal constitutions. The constitutional authority differs in context of historical and cultural pressures. One can find huge variation in the role of government in different policy areas and interactions of federal and the federating units. Similarly one can find varied situation in the financial management and the level of reliance and financial transfers. There is always been a concern of the degree of centralization and decentralization in the intergovernmental relations within the federations.69

There is also a point of constitutional situation and the operational reality in the matters of power distribution. There are various examples in this perspective around the globe. For example in case of Pakistan the practical and the constitutional situation is

68Ibid., 239. 69Akhtar Majeed, Ronald L. Watts, and Douglas M. Brown (Ed.),A Global Dialogue on Federalism: Distribution of Powers and Responsibilities in Federal Countries, Vol. 2, 322.

42 different. Constitution grants provincial autonomy while practically federal government is very strong and at times assertive too. One can see much variation in different federations regarding the level of intergovernmental collaboration (with in federation) and the balance in interdependence of governments.70 In the present day world and the countries with federal system are experiencing various kinds of pressures to meet the new conditions and changing situations. In this globalized world, the emphasis of the countries is on the market economies. The international competition requires a reshape in the concept of centralization and decentralization for making a collaborative federal system.

Globalization and Federalism

Today world is a global world and the impact of globalization has changed the world societies in general. In the recent decades one can find huge literature about regionalization and globalization. In this literature one can find whether globalization is a new phenomenon or returning to the previous historical periods. After the Second

World War globalization is a phenomenon which has come widely under discussion in the academic debates. Some international scholars have come up with the point that eventually it will end the nation state model from the world. This argument has a deep sensitively, felt by the countries who have federal form of government and which are always concerned with the question of unity within the federal state. An effort to understand the pressure and impact of globalization is been made for the understanding of the point. If we take the examples and study various cases of federation and the impact of globalization on it we see that ―... a substantial majority of the federations ... have

70Ibid., 323.

43 adapted to global and regional integration change pressures without major transformation to their institutions.‖71 It is been observed in many cases that the federal countries have changed and modified their old systems with the present day trends of globalization.

However this observation cannot be applied to all the federal countries. In many

European countries there is a very little evidence (exceptions are there) that globalization is forcing new ―...transnational identities between the federal polities and their global and regional partners.‖72 It is generally observed, that the federal systems have the flexibility to absorb the pressure of international change without mush change in their federal setup, which is the basic principal of its unity and system.

In many democratic federal countries, various other groups exist at the same time at national level. These groups recognize themselves and share some cultural patterns to other groups. They also share a distinctive historical process with other coexisted groups.

All these groups wish to show their distinctiveness in the political field too. ―When there are different national groups living together within the same federation or regional state, we call it a multinational federation (or multinational regional state).‖73 This situation can be studied in Belgium, Canada, Spain and India. Multicultural federations and regional politics ―...have institutional and regulatory challenges distinct from those faced by national federations such as Germany, Austria and Australia.‖74

71Harvey Lazar, Hamish Telford and Ronald L. Watts, The Impact of Global and Regional Integration on Federal systems (Montreal: The institute of Intergovernmental Relations School of Policy Studies, Queen‘s University, McGill-Queen‘s University Press, 2003), 1. 72Ibid. 73Ugo M. Amoretti and Nancy Bermeo(Ed.), Federalism and Territorial Cleavages (London: The John Hopkins University Press, 2004), 260. 74G. Bermann, ―Taking Subsidiarity Seriously: Federation in the European Community and The United States‖, Columbia Law Review 94 no. 2 (1994):331-455. Quoted by: Ed.Ugo M. Amoretti and Nancy Bermeo, Federalism and Territorial Cleavages (London: The John Hopkins University Press, 2004).

Federalism in Pakistan

While making a comparison of all the existing systems in the world, federalism is considered the best suitable to the contemporary world and the modern states. Federalism creates unity and preserves the exclusiveness of the provincial units. The real spirit of federalism share resources and powers and through this the benefits and responsibilities of the democratic system are made available to all. In Pakistan federalism is not been properly understood. Generally federalism promote pluralism and show respect to diversity, it also create a balance between the national and regional powers. It is believed that the system of federalism promote good laws and viable strong institutions, which led to the strong economies. The federal system needs checks and balances in the administration and politics. The success of federation also relies upon the independent judicial structure, civil society and media for educating the people regarding their obligations. Federalism is based on sharing and coexistence and sovereignty is also shared for the purpose between the federal government and the federating units.

Generally it is believed that multi ethnic countries have the system of federalism. In federalism the division of powers is a main and central issue, in Pakistan too, the division of powers has remained a core issue in the federal structure and the constitutional development. Since the time of independence there has been a debate between the authorities and the political circles. These two viewpoints are the strong federal government and the provincial autonomy. The federal composition has changed three times in Pakistan; in 1947 the federation was based on four provinces (Punjab, Sindh,

NWFP and East Bengal). This composition was changed to two as a result of one unit in

1955, comprising of East Pakistan and West Pakistan.75 In 1970 again the federal structure was changed from two to five federating units, the one unit of West Pakistan was annulled and Baluchistan was given the provincial status. In 1971 after the dismemberment of the country, the federation of Pakistan was left to four provinces, along with Federally Administrative Areas. Now another unit is added to the federation of Pakistani, that is Gilgat Batistan.

The constitutional development of Pakistan and the principle of division of powers tell us a central issue. Since the days of independence, there is a debate going on in Pakistan regarding the division of powers between centre and the provincial governments, particularly with reference to strong centre and provincial autonomy.

Throughout the history of the country the federal composition of the country has changed three times till 1971. First it was changed from four (Punjab, Sindh, NWFP and East

Bengal) to two, East and West Pakistan in 1955 with the making of one unit. In 1970 again the federal composition was changed from two to five with the annulment of one unit and giving the provincial status to Baluchistan. It is observed that all the changes, adjustments and alterations were done to resolve the issue of federation and the division of powers, and failure in this cause resulted in breakup of the country. There was also failure of many constitutionals models, who were devised with misconceived approach and ignoring the needs of visible political structures. All the constitutional structure of

Pakistan has come out from the act of 1935.76 This situation is described by justice retired

75The Daily Dawn, October 16, 2011. 76The Daily News, February 26, 2012.

Durab Patel as ―legal fundamentalism‖.77 The main point which was needed to be done soon after the independence of the country was the provincial autonomy that contained in the legislative lists of the act of 1935. It was also the persistent demand of the Muslim

League that the provincial autonomy should be guaranteed and its scope should also be widened. However the story of Pakistani constitutions tells us that the subject of autonomy was badly neglected. There is another issue and it is related to the advocacy of provincial rights, that is the lack of understanding and consensus among the leaders particularly at the centre level. The inconsistencies and fluctuations have created further complications. The politics of regional leaders, their mind-sets and their commitments to other issues have also remained a hurdle in provincial autonomy. It also has aggravated the complexity of the federal issue in Pakistan, an issue badly affected by the position maintained by the act of 1935.78

The act of 1935 is not simple in the understanding of the issue of federalism.79 It is, instead of providing a common distribution of powers tells us a more unusual and complex way and three lists of subjects have been put in, i.e. the federal, the provincial and the concurrent. In the concurrent list of subject, if a law is passed by the federal legislature on any matter mentioned in the concurrent list, the provincial legislature cannot do legislation on it. It is through this the provincial government were made subservient to the central government. In the act of 1935 some important affairs, like

77Justice Durab Dorab Framrose Patel was born in 1924 and died on 15 March 1997. He was a jurist, and lawmaker who served as a formerJustice of Supreme Court of Pakistan and also former Chief Justice of Sindh High Court. Justice Patel was a prominent campaigner for human rights, and was a founding member of the Asian Human Rights Commission (AHRC) in 1987 and one of the co-founder of the Human Rights Commission of Pakistan. 78 Syed Jaffar Ahmed, Federalism in Pakistan A Constitutional Study, (Karachi: Pakistan Study Centre, University of Karachi, 1990), 72. 79Mansoor Akbar Kundi, ―Federalism in Pakistan: Problems & Prospects‖, Asian And African Studies, 11, 2002,1,37.

47 external affairs, defence, ecclesiastical affairs and tribal areas were reserved ones for the governor general,80 who managed them with the help three councillors appointed by the governor general himself. It was through this way the division of powers were made and the provincial legislature was deprived from a significant portion of provincial autonomy.

The governor general was not only an executive authority but also lots of legislative powers were given in the act of 1935.

Details of the 1973 Constitution

The official name of ―the constitution of Pakistan is the constitution of the Islamic

Republic of Pakistan.”81 The constitution was drafted in 1973 during the time of Z. A.

Bhutto who came in power in 1971.82 The constitution is meant to guide the laws, political culture and system. Fundamental rights are enshrined in the constitution. It is a partially rigid and partially flexible constitution. Its first three chapters enunciate rule, mandate and separate power of the Government branches. It is parliamentary nature constitution having bicameral legislature, executive head is the Prime Minister and apex federal judiciary is led by the Supreme Court. The head of state is the President who is elected indirectly. Islam is declared the state religion. The parliament cannot make a law repugnant to the constitution or contrary to Islam. However the constitution may be amended by the the parliament in the both of the houses of the bicameral legislature with

2/3 majority.

1. Central government

80G.S.Chhabra, Advance Study in the History of Modern IndiaVolume-3 1920-1947 (Lotus Press, 2005), 69. 81The Daily Dawn, February 4,2013. 82Abiad, Nisrine (2008). Sharia, Muslim States And International Human Rights Treaty Obligations : A Comparative Study (London: British Institute of International and Comparative Law, 2018), 96–200.

Pakistan is a federal state since the time of independence in 1947. Apart

from the four province of Punjab, Balochistan, Sindh and Khyber Pakhtunkhwa,

Pakistan also comprises of the following

Federally Administered Tribal Areas (FATA) and Provincial

Administered Area (PATA) Azad Jammu and Kashmir (AJK), which was put

together as a legal Administrative entity with its own constitution, legislature, and

supreme court, pending the resolution of Kashmir dispute with India. Gilgit-

Baltistan, a break way region of Jammu Kashmir from 1936 onwards has

remained unrepresented in the legislature. (In the 18th amendment administrative

provincial status is been given to the Gilgat Baltistan).

The 1973 Constitution is provided a federal Constitution in the wake of

movements in three provinces Sindh, Khybar Pakhtun khaw and Balochistan.83

―The 18th Amendment gave a major breakthrough by transferring more legislative

subjects from the centre to the provinces.‖84 From 2011 onwards, Pakistan has

been devaluating powers to the provinces.

Parliament has two houses one is senate and second is National Assembly.

Senate is just advisory body and National body is powerful, particularly in money

bills. The President of Pakistan is the head of the state and must a Muslim and is

been elected by the Senate and National Assembly, for the period of five years.

The Prime Minister is the head of executive and elected by the National Assembly

to whom he and his cabinet is responsible.

83Muntzra Nazir , ―The Problems and Issues of Federalism in Pakistan‖, Pakistan Vision Vol. 9, No.1, 120 84TheDaily Dawn, March 25, 2010.

2. Provincial Government

The Articles, from 129 of the constitution of Pakistan to 140A deal with

the Provincial Government of Pakistan.85. ―Governors of the provinces are

appointed by the President of Pakistan. There shall be a governor for each

province, who shall be appointed by the president on the advice of the Prime

Minister.‖86 The governor should have the qualification as to be required for

being the member of the National Assembly along with must be a register voter in

the same province and not less than 35 years of age. The 2nd most important

institution is the provincial Assemblies in each of the respective province. Article

106 of the constitution deals with the subject of the Provincial Assemblies. In

each of the provincial Assembly, it comprises with the general seats and reserved

seats for the Non-Muslim and the women. The detail classification of the seats of

the provinces are as follows:

Balochistan:

51 general seats

11 women seats

3 Non-Muslim

Total number: 65.

Khyber Pakhtunkhwa:

85Constitution of Pakistan 86The constitution of the Islamic Republic of Pakistan, 1973, By the Permission of the Government of Pakistan, As Amended by the Constitution 18th Amendment Act, 2010, 72.

99 general seats

22 women seats

3 Non-Muslim

Total number: 124.

Sindh:

130 general seats

29 women seats

9 Non-Muslim

Total number: 168.

Punjab:

371 general seats

66 women seats

8 Non-Muslim

Total number: 371.87

Article 129 deals with the matter of the provincial governments. The constitution describes ―that the executive authority of the province will be exercised by the name of the governor of each of the respective province, through the Chief Minister and his

87The constitution of the Islamic Republic of Pakistan, 1973, 75.

Cabinet.‖88 Chief Minister exercises the executive authority as being head of

Government. He is elected by the provincial Assembly and he further selects his cabinet to run the affairs of the government. The Chief Minister can act directly in its functions as the constitution grants him or can act through his cabinet ministers. The Chief Minister exercises the executive authority by the name of the governor as provided by the constitution of Pakistan.

Talking about the federation, it is important to say that it is a parallel dual type of government. The federal capital is Islamabad, and the federating units are the provinces.

―The opposite is the unitary system, whereas the name itself explains, it is only one tier of government. The question comes in mind what two tiers of government will do and who does what‖.89 The most limited federal type of government can be called a one limited to currency, defense and foreign relations whereas the strongest federal government could have enjoying all the powers except very limited issues of the provincial governments.

What is concurrent, out of the total 25 federal system countries round the world, many of these countries have a scope of legislation where both; the governments (federal and units) have the competence to legislate. It was the perception about the concurrent list that in some areas, it has been found useful to keep legislating at both levels. The

1973 Constitution was enshrined by ―47 subjects in the Concurrent Legislative List.‖90

The concurrent list contained:

88Ibid, 88. 89https://study.com/academy/lesson/unitary-government-definition-examples-advantages- disadvantages.html. Unitary Government: Definition, Examples, Advantages & Disadvantages, Retrieved on 16.03.2018. 90The Daily Dawn, April 8, 2010.

1. “Marriage and divorce, infants and minors, and adoption.

2. Wills, intestacy and succession, save as regards agricultural land.

3. Arms, firearms and ammunition.

4. Environmental pollution and ecology.

5. Population planning and social welfare

6. Tourism.”91

The concurrent subject list was based on forty seven subjects and it was really difficult to find anything that would enhance provincial autonomy if legislative control were to be handed over exclusively to the provinces.92 There were concerns of the small provinces regarding this concurrent list and reason behind its abolition was the always growing federal government, which can use the concurrent list to expand its reach and size.

It was observed that the fear of a big and powerful federal government had driven political parties from the smaller provinces to do and follow the obvious cut of its powers. So abolishing the concurrent list was in fact to enhance provincial autonomy.

After the 18th Amendment, the Article 142(b) is been read as ―Parliament and a

Provincial Assembly shall have the power to make laws with respect to criminal law, criminal procedure and evidence.‖93

91Are You Current With the Concurrent.The Daily Dawn, April 08, 2010. 92 Ibid. 93The constitution of Pakistan of Pakistan, Part 5, Distribution of Legislative Powers.

In the concurrent list:

The criminal law, criminal procedure and evidence entries 1, 2

and 4 after the list has been abolished, the country now have had five

separate criminal law codes, criminal procedures and evidence laws. The

new Article 142(b) will prevent that absurdity.‟ After the 18th amendment,

some concurrent list issues legal, medical and other professions; higher

education standards; etc.) have been 'rescued' from the provinces

exclusive domain by putting them under the Council of Common

Interests.94

The 18th Amendment has abolished that concurrent list of subjects. So after the

18thamendment provincial autonomy is more comprehensively described in the constitution. It is about the ―control over resources and more finances and revenues for provinces.‖95

3. Central Subjects

The defence in the federation and defence related rest of the areas,

including cantonment areas and defence related housing are the central subjects.

The military navy and air force, all have their dealing with the federal list of

subjects. Similarly the external affairs and the state dealing with agreements and

94The Constitution of Pakistan, Part 5, Distribution of Legislative Powers. Amended by: Criminal Law (Amendment) Act, 2012 (XXIII of 2002),Criminal Law (Third Amendment) Act, 2011 (XXVI of 2011),Criminal Law (Second Amendment) Act, 2011 (XXV of 2011),Criminal Law (Amendment) Act, 2011 (XX of 2011),Criminal Law (Amendment) Act, 2010 (I of 2010),Protection of Women (Criminal Laws Amendment) Act, 2006,Criminal Laws (Amendment) Act, 2004 (I of 2005),Criminal Law (Amendment) Ordinance (LXXXV of 2002),Criminal Laws (Reforms) Ordinance (LXXXVI of 2002),etc. 95Daily Times, August 30,2016.

treaties, including the agreements related to education and culture. The

agreements related to criminals and all the accused persons are the concern of the

government of Pakistan. Migration, citizenship, nationality and neutralization, all

are dealt with by the federal government in accordance with the government of

Pakistan. The issues of immigration into or outside telegraph and posts telephone

related all areas, broadcasting and telecommunication, the legal tender, coinage

and currency, foreign exchange and bills, public debt of the federal government

federal public service commission, public pensions and federal public service and

so on as enlisted in the ‗constitution of the Islamic Republic of Pakistan.

4. The performance of the provinces in the subjects which

constitution of Pakistan gave to them is also very important to see and to evaluate

the position of division of powers in Pakistan. For instance, the agriculture sector

is a provincial subject, so it can be asked to the provinces what the improvements

they have brought in the agriculture sector. From the agriculture sector another

question comes in mind and that is about the presence of feudalism which is

dominating the political scenario of the country. That is a federal question, the

politicians at centre level are mostly the feudal lords and even at provincial level

the domination of politics is by these feudal. Since they are dominating the central

and provincial level legislatures as well as the decision making bodies, as a result

of it nothing has come out as reforms in the agriculture sector. The history of the

country has seen agricultural reforms twice in its life span since 1947.96 However

these reforms could not bring positive results as the objectives set for introducing

96The Daily Dawn, September 3, 2017.

these reforms were not met properly. The extraordinary privileges enjoyed by the

feudal class in Pakistan could never be reduced and the downtrodden classes also

remained unprivileged.

The question of provincial autonomy require a more pragmatic and viable approach. It is a fact that the centre provincial relationship and issues cannot be seen in isolation in the overall study of the state and society.97

Conclusion

It is believed that federalism is the most refined and effective state type of government that most of the nation states in the modern times have adopted for their states. It has helped them to devolve powers to the federating units so that powers and functions of the state can be shared and shouldered by the federating units. Contrary to unitary system the federal system proved more successful in the western world like UK and USA. The history of Pakistan reveals that he federal structure has been working successfully since the enactment of the constitution of Government of Pakistan 1973.

Here the conclusion is that Pakistan has remained under a highly centralized political setup. The autonomy, whatever it is given through the constitution has actually failed to make any improvement in the social sector and the people of the provinces. The question of social justice is also attached with the concept of provincial autonomy. So these two interrelated issues can be solved through a proper mechanism which must be shown in the constitution and also in the practical stage. After having an overview of the meaning, definition, explanation and evolution of the federal structure adopted by various countries

97 Syed Jaffar Ahmed, Federalism in Pakistan A Constitutional Study, 104-107.

56 of the world in general and Pakistan in particular, in the next chapter history of working of the Federal structure in Pakistan from 2008 to 2013 will be explained, analysed to develop a better understanding of the political history of Pakistan.

Chapter 2

Centre-Province Relations: A Historical Perspective

As it has been pointed out and analysed in the previous chapter that the states,

which adopted federal system are more successful than those states which are

working under the unitary system. Pakistan has been a federal state since 1947

though it remained under question how effective the system was because the

federating units repeatedly complained the overpowering of the Central authority

over the provincial subjects. Though constitutions of 1956 or 1962 and latest 1973

entailed a federal system of government but the Constitution of 1973 is regarded the

most comprehensive and best of all. The centre-province relations since 1947 have

passed through many phases as form of government from military dictatorship to

parliamentary democracy treated the provinces according to their liking/disliking.

Since its inception to date, provinces keep on complaining that they have not been

given the due shares, powers and autonomy as promised by Quaid-i-Azam in his

speeches and statements, which he delivered before and after the attainment of

complete independence. Even the East Pakistan got separation from the West

Pakistan because the Bengalis believed that the East Pakistan did keep on exercising

the provincial autonomy. No doubt, in the 1962 Constitution there was federal

structure but the principles of federal structure were compromised and that

contributed to the widening of gulf between the centre and Bengal. Therefore, keeping

in view the mistakes of the past, in the 1973 Constitution effort was made to introduce

such a federal structure where greater provincial autonomy should be introduced.

Therefore, constitution of 1973 was devised with principles of democracy, with

parliamentary system of government, and with greater provincial autonomy to ensure

smooth working of the federalism in Pakistan. Therefore, this chapter attempts to

understand the history of working of the federal system in Pakistan from 1947 to 2008

so that one can have overview of the past experience of the federal system in

Pakistan, and how the two political parties, namely Pakistan People‟s Party and

Pakistan Muslim League(N), which were the main actors during the period under

discussion, responded and behaved to the federal system when they came into power

in the centre and the Punjab in 2008.

Introduction

The history of Pakistani federalism is a legacy of the British colonial period.

There are a number of challenges that the state of Pakistan has been facing since 1947.

The problem of federalism is also one of the loud challenges that have remained a point of focus over the decades. There has always been a need and voices for the genuine, democratic and federal system, which could satisfy all the entities of the country. So far different schemes, mostly constitutional, for the purpose of satisfying the interest of the provinces have been introduced. However most of these schemes have been failed. There are many reasons for why federal system has not been able to prove itself a successful and stable framework with regard to the satisfaction of the federating entities. So far as the history of federalism in British India is concerned, though there was a unitary system in the mother country but here in India they introduced the devolution of powers from the central level to the provinces, since India was a colony, the centre was having the paramount powers over the provinces. In the later stages of colonialism, ―a federal model

59 was introduced in the government of India act 1935.‖98 However, it was not a federal system in the real sense, as the 20th century was the witness of federal democratic states of the world. In the Government of India Act the interest of the empire were kept supreme and the masters were exercising the absolute powers of the state. Through this system the British were maintaining their rule and also had a keen eye over the political activism in India. In history, India has remained a continent it has remained a combination of states with cultural, political and religious diversity. Indian subcontinent was twenty times bigger than that of the British during the colonial times.99 One can find great difference and diversity in geographical, social and economic situation. ―In fact the continuous migration from outside made the Indian society a complex of races, religions, creed, and customs.‖100 India has witnessed the rule of various dynasties with many times fragmentation, disintegrations and integrations too. Before the rule of Mughals, ―it was mainly a composite of many large and small independent or semi-independent kingdoms.‖101 When the Mughals came in India, they started expanding their rule and got control over many parts of the Subcontinent. However the Mughals could not establish

India as a stable, coherent and political state. After 1707, the decline started in the

Mughal Empire and there was huge political instability, administrative and economic fragmentation. This vacuum was filled by the colonial powers and many European countries started strengthening themselves in the Indian coastal areas. The British became supreme and established their rule in the subcontinent. The parts which were controlled

98Malik SohailNawaz, Federalism and Provincial Autonomy, Published on May 13, 2016.https://www.linkedin.com/pulse/federalism-provincial-autonomy-malik-sohail-nawaz Retrieved on 26-05-18. 99Shashi Tharoor, Inglorious Empire: What the British Did to India(London: Hurts Publishers, 2017), 22. 100Reginald Coupland, The Indian Problem 1833-1935 (London: Oxford University Press, 1942), 5. 101Asok Chanda, Federalism in India (London: George Allen & Unwin, 1965), 11.

60 by the British started calling British India, however many smaller independent states which were called princely states (these states were around 600 in number and ―...were of different in sizes and resources) were left to be ruled by the Indian princess.‖102 These states and their relationship with the British were dealt by the various agreements and treaties and these states had accepted British as paramount power. An agent of the British advised them (the princely states) on the affairs (for example the external affairs were controlled by the British and internal affairs were left with the local rulers). And also it was the British who use to determine the size of their army and the weapons and equipment they can carry.103 So it is observed that India was actually divided into two separate parts. It was a type of dualism called Royal India and British India. This dualism remained intact till the end of British rule in 1947.

After the war of independence in 1857, the British took strong administrative changes. The replacement which occurred after the war of independence in India experienced from the East India Company to the crown directly. India was gone into the direct custody of British crown. In the overhauling of the system the British realized that decentralization is important and is the solution for the administration and management difficulties. They appreciated the decentralization for the long, extended boundaries and diversified situation of the subcontinent. They also accommodated the trend and the demand of Indian leaders regarding their participation in the matters of governance. This gradual decentralization by the British, which was giving powers to the provinces

(though slowly and gradually) led to the concept and a common demand of provincial

102Shashi Tharoor, Inglorious Empire: What the British Did to India(London: Hurts Publishers, 2017), 37. 103https://www.britannica.com/technology/military-technologyRetrieved on 23-05-18.

61 autonomy.104 ―...Although being a colonial administrative setup, the centre and British government continued to enjoy over-riding powers and authority.‖105

In the twentieth century it was not possible for the British to control the wide spread democratic ideas and the political consciousness. India was not only turning a politically conscious place but also there were wide spread communal issues. In this regard historians have pointed out the policies of the British particularly the ‗the divide and rule‘ which created that much gulf among the communities of India especially between the Hindus and the Muslims that it became beyond control for the ruling masters.106 So the ―British government realized that the only practicable solution to the communal problems of India was the partition of the country.‖107 After the 2nd world the

British started wrapping up from the colonized world. The plan for the transfer of power in India was announced on 3rd June 1947. This plan was to partition India into two independent states, it took its final shape when the British parliament approved Indian independence act July, 1947. According to it the British transferred the power to both

Pakistan and India by the mid of August 1947. ―The members of the Indian constituent assembly elected by the 1946 elections were given the option to join any of the country.‖108 These members became the legislatures of the two separate independent countries. ―The two independent countries of India and Pakistan also adopted the

104 The concept of provincial autonomy was not something all of sudden and very quick, it took for about a century 1857 to 1947, to shape up for the provincial autonomy. It was the also the political awareness and the wave of human liberties and the ideas of democracy in the 20th century. 105Muntzra Nazir, Federalism in Pakistan, Early Years (Lahore: Pakistan Study Centre, University of the Punjab, 2008), 50. 106https://www.aljazeera.com/indepth/opinion/2017/08/partition-british-game-divide-rule- 170808101655163.html Retrieved, 22-06-2017. 107 G. Allana, Pakistan Movement Historic Documents (Karachi: Paradise Subscription Agency, 1968), 407. 108http://shodhganga.inflibnet.ac.in/bitstream/10603/72368/7/chapter%203.pdf. Retrieved on 14.04.2018.

Government of India act 1935 as an interim constitution.‖109 Those provisions of the act which were not comparable to the sovereignty were not made part of the interim constitution. The principles which the British government introduced in India were federal, however it was a gradual process and they undertook different experiments while introducing various acts in a slow and gradual process. ―The act of 1935, known as government of India act 1935 met with very low and minimum criteria of a federal system.‖110 According to this constitutional framework the central government was very strong with a strong position of governor general and the provincial governors. This was actually a colonial system and the possibility of a true federal system was not possible.

But it was a tradition of a strong central government and this tradition continued even after the partition and it has remained a prominent characteristic in the politics of

Pakistan.

After the creation of Pakistan as an independent sovereign state the federal model of government was adopted, however it was not a type of government that the US had. It was a federal government with minimum provincial autonomy and strong central government. The US had evolved its federal system from confederation to federation.

And it was the decision of the states to create a federal state with a great level of autonomy to the federating units. In the pre independence period Muslim League was supporting the concept of provincial autonomy and in the later stages of freedom movement era when Pakistan movement started Muslim League thought of federal system for the new state of Pakistan. Sayid Jaffar Ahmad has quoted an interview of

Muhammad Ali Jinnah in November 1945 about federalism:

109 The News, February 26, 2012, The Constitutional Journey. 110 Ibid.

―The theory of Pakistan guarantees that the

federal units of the national government would have

all the autonomy that you will in the constitution of the

United States of America, Canada and Australia. But

certain vital powers will remain vested in the central

government such as monetary system, national defence

and federal responsibilities.”111

One can conclude that it was the established thought and vision of the leaders to go for the federal type of system in the newly established country. ―The adoption of federal system in Pakistan was therefore, an outcome of a realization on the part of its leadership.‖112 Federal system is a unity in diversity; it is more reasonable in a diversified situation. Federal setup accommodates socio cultural situation and varied economic stage in the shared political framework.

Apart from the fact that there was consensus and also a need for creating a federal form of system, Pakistan has suffered from serious crises in the political and constitutional outlook. And the vision that federalism will create unity in diversity and will be promoting harmony in the constituent units has not been fulfilled. In 1947, the

Indian act of 1935 was implemented as an interim constitution in Pakistan. According to it federation was formed in Pakistan, which included East Bengal, Sindh, North West

Frontier Province, West Punjab, Baluchistan, (it was not a complete province) and the

111Sayid Jaffar Ahmad, Federalism in Pakistan- A Constitutional Study, 32-33. 112 Syed Sharif ud din Pirzada (ed.), Foundations of Pakistan (Karachi: National Publishing House,n.d.), 578, also see details, The Collected Works of Qualid-i-Azam Muhammad Ali Jinnah, Vol.3(Karachi: East & West Publishing Co., 1986), 319.

Tribal areas, these were under the control of federal government.113 There is a fact of history that the ―regional and ethnic identities began to surface which demanded their recognition and accommodation in the constitutional and political arrangements‖.114 The regional identities were becoming stronger with increased provincialism. Instead of being

Pakistani, the focus was on being Punjabi, Baluchi, Sindhi,Pathan and Bengali, that gradually increased the parochial and ethnic sentiments and created great difficulties in evolving a federal setup.115

It was the intent of the founding fathers that the state will make the governance effective with a spirit of belonging to one nation and provincial autonomy would be given to the constituent units, so that they can look after their regional and local interests.

However it proved a difficult and challenging issue and created complications in the constitutional process. There were strong and deep-rooted problems soon after independence, including administration in a chaotic and violent scenario and the mortal fear of India, a serious security threat. All the initial difficulties were making the task of federation harder.

―Furthermore, the problem of leadership and political management, a

disregard for the democratic norms and inability if the political leaders

to quickly evolve a consensus on the features and operational norms of

the polity proved to be major obstacles.”116

113Lubna Kanwal, Azra Asghar Ali, Massarrat Abid, ―The Interim Constitution 1947: Centre-Province Relations and the Punjab 1947-1955‖, Pakistan Journal of Social Sciences (PJSS) Vol. 32, No. 1 (2012): 123-135 114Muntzra Nazir, Federalism in Pakistan, Early Years, 78. 115Aisha Shahzad,The Politics and Ethnicity in Pakistan The Case Study of MQM, (PhD Thesis, 2011), 43. 116MuntzraNazir, Ferderalism in Pakistan, Early Years, 79.

Pakistan unfortunately was not able to create a state structure with a framework of federation and participatory system. The situation was that Pakistan was engaged in two processes at the same time, the nation building and the state building. Nation building was to evolve a nation while dealing and accommodating with the sub national groups, similarly state building to create the infrastructure of the government with proper concentration of authority.

The most important task that the newly born country was facing soon after its establishment was to make a proper setup of the central and provincial administration. It was a difficult task as there was a serious shortage of the trained people and officers to make the administration in running position. The economic situation too was in a sad situation. All the territories that came part of Pakistan were far behind as compare to

India. There was no major industrial unit, only very few banks came in the Pakistani side, but none of them was having its head office in Pakistan. Moreover the serious issue of refugees and rehabilitation was an additional economic and administrative burden.117 In the initial years of Pakistan, the state was busy in dealing the crises of refugees and most of concentration was focused on this human issue. The attitude of India towards Pakistan was hostile right from the first day and worsened the situation in dealing with the crises.

Most of Indian leadership was not ready to accept the concept of partition and they were trying putting pressure of all sorts on the new state of Pakistan. Pakistan was entangled in serious kind of issues with India, the division of economic and military assets, the canal

117Viqar Ahmad Rashid Amjad, The Managements of Pakistan‟s Economy. 1947-82 (Karachi: Oxford University Press, 1984), 70,71.

66 water issue, the exchange/disposition of property and the mortal fear in terms of military threat.118

Therefore in the initial years of Pakistan, the country was fighting a kind of battle with the internal situation and the external security threat. So the focus was on the state building marked by strong state structure, powerful central government and strong military setup.119 In this situation the government was also busy in the important task of nation building. The people were desperate and many were in a migrant and scattered situation of partition. Nation building and state building had to addressed at the same time. In this situation the process of constitution making and institution building was not taken as a focused one.

In a society like Pakistan, which is pluralistic in its outlook, federalism would have been the only possible mechanism ―to accommodate the conflicting forces of unity and diversity‖.120 It is observed that the conflicting forces should have to be balanced to have a stable federal system. However in a country that have economic disparities, social, cultural and ethnic issues are loud, the federal balance cease to exist, the opponent forces always keep on building pressure and try to derail the political system. In this situation, the federal system sees the ups and downs, fluctuate and become focused on centralization. As a result of it, regionalism becomes strong. The same story is been observed in the history of Pakistan. There were various factors and forces that have promoted regionalism in Pakistan and have affected deeply Pakistani politics and the system of federalism.

118Assessing India‘s water threats, Dawn, December 13, 2016. 119Muntzra Nazir, Federalism in Pakistan, Early Years, 79,80. 120Ibid., 80.

1- Pakistani federation was based upon two separate territories from each other and there was 1000 miles Indian territory between East and the West Pakistan.121 It was a unique kind of situation for a federation. It was also reality that these two parts of the country ―were distinct in terms of culture, population and ethnic realities.‖122

2- In a federation the geographical link is very important and is acknowledged by the scholars even in the age of modern communication. It increases the space of state to work effectively in a federal setup. People living in the same region and connected areas gradually learn to accommodate in a connected setup. ―Frequent contacts or similar physical environment help them to build up a common approach towards solving their common problems‖.123 The division and the geographical space between the both of the parts of ...―Pakistan made the communication a difficult process....‖124 And eventually affected the mutual understanding at public levels and consequently erupted misunderstanding. The only link between the two wings of the country was air travel, which was beyond the affordability of many. So travelling was limited between the two wings particularly for the common people. Generally the government officials use to travel on each side of a country. Considering in view the limited and expensive transportation a mutual understanding became a rare thing and also affected deeply the economic activities, political understanding, mobility of labour and trade etc.

3- So far as the physical features of both parts of the country are concerned, most of the parts of Bengal were flat planes other than Chittagong hills, separated by two rivers

121 To be more specific, it is 725 miles, for details see: Charles H. Kennedy, Bureaucracy in Pakistan (Karachi: Oxford University Press, 1987), 3. 122 Ibid 123 Md. Anisur Rahman, East and West Pakistan: A Problem in the Political Economy of Regional Planning (Cambridge: Harvard University Press, 1968), 2. 124 Ibid

Brahmaputra and Ganges and their tributaries. Bengal was having a typical tropical weather conditions based on cold winter and wet summer, on the other hand West

Pakistan was based upon areas of various contrasts, which include high mountain ranges, extended planes, deserts and fertile valleys.125 The differences in geography and climate can also be seen in the living style of the people, the dresses, lifestyle, food and housing.

Culturally speaking, there was homogeneity in the eastern wing, but western part was heterogeneous in cultural terms.126

4- Economic differences leave a stress and bad effects on the smooth working of federation. The Pakistani federalism has witnessed sharp economic disparities in both of the wings of the country. These economic differences were tilted towards the disadvantage of eastern wing. It is observed that the economists from the West Pakistan were of the view that Bengali backwardness in economic terms was due to colonial legacy and bad conditions of climate and weather. On the other hand the writers and economists along with the politicians were of the view that the misdealing and bad policies of the federal government are responsible for the economic under development of East Pakistan.127 They also present the economic situation of the initial years of the country from 1947-50 as a proof, indicating that the differences were not that much wide.

So these issues of economic differences became part of debates in the first constituent assembly. The federal government was failed to satisfy the voices from East Pakistan highlighting the economics differences complaints.

125Lee C. Buchheit, Secession: The Legitimacy of Self Determination (London: Yale University Press, 1978), 199. 126http://www.canyonspringshighschool.org/ourpages/auto/2015/11/6/54748438/Geography%20%2024.pdf Retrieved on 23-07-2017 127S.R.Osmani, Explaining Growth in South Asia,Paper prepared for the Global Development Network‘s (GDN), 2008.;https://www.theseus.fi/bitstream/handle/10024/38338/Ahmed_Kazi%20Siam.pdf Accessed on 2017.

5-There were a domination and over representation of West Pakistan in civil and military bureaucracy. Precisely speaking this difference was a colonial legacy and is referred to the martial races theory.128 This theory favoured specific areas regarding the recruitment of military, north and north-western parts of the subcontinent are usually included in these areas. This imbalance was tilted towards Punjab and NWFP.129 In the federal services too, East Pakistan was very much under representation, though it was also the result of British policies. After independence the number of the officers in the federal services increased gradually, however it has never come in accordance with their population and the demand of leadership. The members of the constituent assembly always had demanded and advocated the increase in the number of servants in the federal services.130 It also gradually turned one of the deep grievances in the minds of political leadership and writers of East Pakistan.

There are some issues between central government and the provinces that have been faced by the federation of the country after its creation. It took nine years to draft and approve the constitution of Pakistan in 1956 because there had been stark differences between the East and West Pakistani leadership about the type and form of government and the composition of the cabinet. Thus, Pakistani leadership was unable to resolve the

128Martial race was a concept created by Army officials of British in India after the war of independence 1857, where the British declared each caste into one of two categories, 'martial' and 'non-martial'. The most important reason was that a 'martial race' was brave enough for fighting, while the 'non-martial races' were, British believed to be unfit for battle because of their poor and dependent lifestyles. However, an alternative hypothesis is that British-trained Indian soldiers were among those who rebelled in 1857 and after selection policy favoured those castes who had remained loyal to the British and abandoned recruitment from the areas of the Bengal army. The concept already had a example in Indian culture as one of the four orders in the Vedic social system of Hinduism is known as the Kshatriya., means "warriors. For details also see: Gavin Rand, "Martial Races and Imperial Subjects: Violence and Governance in Colonial India 1857–1914". European Review of History. 129 For details see: Hasan Askari Rizvi, Internal Strife and External Intervention (Lahore: Progressive Publishers, 1981) 130Revisiting 1971: The Crow is White, Bangladesh is Pakistan, Dawn, Dec 13th 2014.

70 issues like the proportion of powers and adequate equitable division of powers between the two wings of the country. The issue to accommodate the dissent voices was another matter to be paid attention. With the passage of time the issues were becoming intense and the sense of being exploited in the eastern wing was increasing. The constitution of

1956 was partially good but it was suspended in just two years and a military dictator took all the powers in his own hands. The sense of exploitation was increasing with every passing day in East Pakistan. The military dictatorship was unable to accommodate the eastern wing of the country. The military establishment was in favour of a strong federal government and thus denied the very concept of provincial autonomy. The constitution of

1962 was a one-man show; the indirect system of election and presidential form of government was not taken with any kind of appreciation in the public at large. One can see that the federal structure of the country was becoming weak with every passing day.

The eleven years of General Ayub Khan were described as an age of disparities and a time when gulf was increasing between both of the wings of the country. During these years the concept was a centralized power structure with a more strong federal government.131 These highly centralized federal policies were not getting response and also not participatory for the people of Pakistan at large. The resentment was increasing with every passing day. Though some of the steps were taken to diffuse the situation and these steps were both at local and federal level. The ‗new ideas‘ in terms of introducing the Basic Democracy system could not prove itself as satisfying force to the growing trends among the people. The local government system was neglected right from the early years of the establishment of Pakistan, mainly because of the unstable political

131https://joshandmakinternational.com/publications/the-myth-of-constitutionalism-in-pakistan-by-zulfikar- khalid-maluka/Retrieved on 14-04-18.

71 environment. The basic democracy system was the first step towards a decentralization of powers but it could not get its desired results. The paramount power was that of a military dictator, the policies were not designed to facilitate the civil structure and devaluate the powers to the federating units. The Basic Democracy system was failed and ended up with the regime itself. It was the biggest blow to the federation of Pakistan when one wing of the country was broken as a result of civil led Indian war with the Pakistan army.

It resulted from the failure to accommodate Bengali demands for greater autonomy, which the West Pakistan establishment treated as illegitimate.132

There were disparities existing between the two wings of Pakistan on the way of state building and nation building and also one can see huge diversities in the western region, which created problems in the political scenario, governance and management.

The administrative situation of the western region was three provinces (Punjab, NWFP and Sindh) special administrative unit Baluchistan, princely states and the tribal areas. In the constitution of Pakistan, the part five of the ―constitution deals with the relations between the federation and the provinces.Articles from 145 to 152 deals with the administrative relations between the federation and the provinces.‖133 The article 145 deals with the powers of the president to give directions to the governor to perform certain duties and functions as an agent of the federal government.

1. ―Notwithstanding anything contained in the Constitution, the Federal Government

may, with the consent of the Government of a Province, entrust either

conditionally or unconditionally to that Government, or to its officers, functions

132 Ian Talbot, A History of Modern South Asia, Politics, States, Diasporas (Karachi: Oxford University press, 2015), 182. 133The Constitution of Pakistan, Part 5, Article 146.

in relation to any matter to which the executive authority of the Federation

extends.‖134

2. ―An Act of the Parliament may, not withstanding that it relates to a matter with

respect to which a Provincial Assembly has no power to make laws, confer

powers and impose duties upon a province or officers and authorities thereof.‖135

3. ―Where by virtue of this Article powers and duties have been conferred or

imposed upon a Province or officers or authorities thereof, there shall be paid by

the Federation to the Province such sum as may be agreed or, in default of

agreement, as may be determined by an arbitrator appointed by the Chief Justice

of Pakistan, in respect of any extra costs of administration incurred by the

Province in connection with the exercise of those powers or the discharge of those

duties‖.136

The article 147 of the constitution deals with the powers of the provinces to entrust some of the matters to the federation.

―Notwithstanding anything contained in the Constitution, the Government

of a Province may, with the consent of the Federal Government, entrust,

either conditionally or unconditionally, to the Federal Government, or to

its officers, functions in relation to any matter to which the executive

authority of the Province extends provided that the Provincial

134Ibid. 135Ibid. 136Ibid.

Government shall get the functions so entrusted ratified by the Provincial

Assembly with in sixty days”.137

The Article 148 deals with the obligation of the provinces and the federation.

According to it constitution ―the executive authority of every province shall be so exercised as to secure compliance with federal laws which apply in that province‖.138Describing the center province relationship the constitutional Article of 149 gives directions to the provinces in some of the cases. For example section one of the

Article 149 says:

“That the executive authority of every province shall be so exercised as

not to impede or prejudice the exercise of the executive authority of the

federation and the executive authority of the federation shall extend to the

giving of such directions to a province as may appear to the federal

government to be necessary for that purpose”.139

Punjab and Federalism

If we see the history of federalism around the globe, we find that the difference of population, the development and the economic resources, distrust among the federating units, have negative effect on the working of federalism. The study of Pakistani federalism indicates domination of the Punjab over rest of federating units in terms of human resources, civil and military bureaucratic structure, education, and industry. This stature is not positive in the working of federation and has caused serious resentment in the rest of federating units of the country. At the time of partition, the migration of non-

137The Constitution of Pakistan, Part 5, Article 147. 138The Constitution of Pakistan, Part 5, Article 148. 139The Constitution of Pakistan, Part 5, Article 149.

Muslim traders, skilled people and businessmen did not affect the economy of the province of the Punjab as it affected badly in the other provinces. The province of the

Punjab has been advance in the field of education therefore modern education has created

Punjabi middle class, which has eventually filled the vacant space by the departing

Hindus and Sikhs. In this situation Punjabi people have taken the best positions at the province and centre level and spread their influence in the other province too. Pakistani political structure has remained weak historically therefore the bureaucracy of the country is very strong and has great influence in the policymaking. The strong bureaucracy has allocated most of the resources towards Punjab. In this atmosphere apprehension of the developing provinces has increased against the centre and the

Punjab. The concept of Punjabi elite has emerged over the years. The small provinces think that they have been ignored, intentionally kept underdeveloped and have not been given access in the policy/decision making at the centre and the provincial level by the so called Punjabi elite. ―The issue of Punjabi domination had developed into a major theme in the politics of the smaller provinces and their interaction with the central governments.‖140 This situation caused imbalance and has threatened the real working of federalism in Pakistan.

Making a detailed discussion about the centre province relationship, particularly

Punjab-centre relations, there is a strong need of balance in the diversifying factors to make a smooth of the working of federalism. However, so far in the history of Pakistan this balance has remained absent. The variation in the language, dialects, cultures,

140 For Details: Hassan Gardezi and Jamil Rashid ed. Pakistan: the roots of Dictatorship: The Political Economy of a Praetorian Stat, (London, 1983), Sher Muhammad Garewal, Pakistan Way of Life and Culture (United Publishers, 1985), 7-36.

75 historical experience and literature, which are basic components of a federal society, has infect weakened the federal society instead of making it a unifying force. Over the decades these elements has played the role of more like a pressure in the federal structure than a unifying and bounding force. In the movement of Pakistan the fear of Indian domination, Islam as a common slogan and religion and certainly the leadership of

Muhammad Ali Jinnah were basic three elements of bondage and federation of Pakistan, which gradually lost their appeal in the common people of Pakistan and the feeling of excitement and happiness for independence were toned down. The two common factors were well known and realized in the leadership of Pakistan, the remarks of Abul Mansur

Ahmad, who was member of the first Constituent Assembly of Pakistan show the importance of these factors:

“These two wings differ in all matters, except two things, namely, that they

have a common religion, barring a section of the people in East Pakistan

and that we achieved our independence by a common struggle (against

Hindus). These are the two points which are common to both the wings of

Pakistan; with the exception of these two things particularly everything is

different”.141

Then, gradually it was observed that the above mentioned common factors started giving altogether a different meaning for the two wings of the country. The common religion Islam though remained a common slogan or a symbol of making rallies for national unity. And also the federation used Islam as a symbol of unity on various issues;

141The Constituent Assembly of Pakistan Debates, Vol. 1, January 16, 1954, 1816. Quoted by Muntzra Nazir, Federalism in Pakistan.

76 however the situation in East Pakistan was different. There was a large number of Hindus in East Pakistan around 22% of population, so it was a shift or new stance and position of the leadership of East Pakistan who was socially tilted towards Hindus and started reviewing the role of Islam in the country. It is observed that they become hesitate to focus Islam as a symbol of national unity. It was no more a solution for constitutional and political problems of the country. According to them over involvement of religion Islam would disassociate a reasonable number of society and will develop a sense of deprivation among the Non-Muslims and Hindus. In this situation the writers, intellectuals and leaders emphasised upon the ethnic and linguistic identity of the people, which they shared commonly in East Pakistan.142 The situation in the West Pakistan was entirely different, the writers and intellectuals and the leadership in and around the circles of centre was talking about Islam, as a identity and culture. There were complaining debates of the over involvement of Hindu culture and the projection of cultural realities in

East Pakistan. Over the years the differences increased by the military-bureaucratic oligarchy dominated by the Punjab.

In the pre partition days, the main concern of the Muslim community and leadership was the fear to go in the domination of Hindus. The Muslim leadership was of the view that for all the Muslims belonging to either from Bengal or Punjab the major issue and threat was the Hindu chauvinistic and unfriendly attitude. The same feeling continued after the partition in the shape of mortal fear of India. There was one common thing in both of the wings in the initial years of independence till 1958, that apart from the ethnic and cultural differences, all were agrees to counter the Indian hegemony in the

142 Charles Burton Marshall, ―Reflections on Revolution in Pakistan‖, Foreign Affairs (1959): 247-50.

77 region. That stance of India was followed by escalation on the borders many times. This fear of India was so swear that around 60% of Pakistani annual budget was spent for the defence needs.143 That is also a fact that the leaders from both East and West Pakistan were not ready for any type of compromise on defence needs. Soon after the establishment of Pakistan, a meeting was held under the leadership of Jinnah of all the provincial government executives, they all agreed to share the income tax with ―the federal government to meet the needs and expenditures of defence.‖144 As soon as the time passed, the stance of both of the wings of federation could not remain the same, especially among the leadership of both of the wings. East and West Pakistan could not remain on one page regarding security issues, particularly the defence issues and

Kashmir. The leadership of East Pakistan started taking Kashmir as the concern of Punjab and West only, and declared that the Kashmir issue is taken as an excuse for security/defence expenditures and the money is actually spent on Punjab and the West.

Therefore, they severely criticised the huge defence expenditure at the cost of provincial resources. A demand for a separate defence mechanism for East Pakistan was the outcome of this controversy.145 The military and bureaucracy, federal government mostly dominated by Punjab has entirely different stance over it. They thought that the defence of East is only possible if the defence of West Pakistan is strong.146 General Ayub Khan once said: defence of Pakistan did not lie in that part of the country. ―It was not defensible even if the entire military strength was thrown there, so long as Western base

143Defense Anxieties, The Daily Dawn, March 2, 2015. 144Ilihan Niaz, Jinnah on Governance: the Unheeded advice of Pakistan‘s Quaid-e-Azam,Journal of Asian Affairs, Vol,47,2016,issue-3,Pages 406-427 | Published online: 24 Oct 2016.https://doi.org/10.1080/03068374.2016.1225902 Retrived on 05-05-2017. 145Muntzra Nazir, Ferderalism in Pakistan, Early Years, 93. 146 M. Rafique Afzal, Political Parties in Pakistan 1947-58 (Islamabad: National Commission on Historical and Cultural Research, 1976), 117.

78 was not strong.‖147 This sense must dawn on the people.148 However this idea of strong defence of East Pakistan depended upon the strong defence of West Pakistan had never got an acceptance from the East Pakistanis. The leadership of East Pakistan was taking it as a matter and an attempt to keep Bengal dependent on Punjab and West Pakistan. This thought in the leadership of East was strengthened because of the disparities between both of the wings in the military services. Some writers even in the initial years of the establishment of Pakistan were of the view that this federation in unnatural. For example

Lord Bird Wood said ―it would not be unnatural, if one day the Eastern limb of Pakistan decided to cut itself drift from the control from Karachi.‖149

A comprehensive look in to the matters also reveal the fact that the death of M.

Jinnah soon after one year of the establishment of the country was a huge loss, as he was a charismatic and unifying force for all the communities of Pakistan, who were distinct from each other on cultural, linguistic and ethnic terms. In the history of Pakistan movement many times the leadership of Muhammad Ali Jinnah resolved the differences among the Muslim community, so it was a huge vacuum that his death had created. The leadership after Jinnah could not show the flexibility and political wisdom, which was the need for the unity of the country.

In the first two decades of the history of the country, the establishment of Pakistan was in favour of strengthening the state as a federal one. There were hazards like cultural, ethnic, and linguistic and the concept of a smooth federal system was just a dream in the minds of policy makers. The socio-cultural ...―diversities among the regions play

147The Daily Dawn, January 17, 1955. 148 Ibid. 149Safdar Mahmood, Pakistan Divided (Lahore: Institute of Islamic Centre, 1979), 6. Quoted by Muntzra Nazir, Ferderalism in Pakistan, Early Years.

79 important role in the domain of politics. They exert direct impact over centre-province or inter-provincial relations and on the process of state building, at large‖.150 The diversities in the various regions/provinces of Pakistan were needed a genuine deferral structure and constitution. However the story is that a genuine federal structure is never formed in the country and two constitutions were framed and implemented after the independence of the country. These two constitutions of 1956 1962 were not according to aspirations and desires of all the regions of the country. If we look deep into the reasons, which were responsible for the failure of the constitutions of 1956 and 1962, we need to look in the troubled constitutional and political history of the country. In 1969 G. W. Chaudhury has rightly said, ―Pakistan has become a laboratory for constitutional experiments.‖151 By

1969 the country has in fact experienced three constitutions, the act of 1935, which was adopted ...―as an interim constitution from 1947 to 1956, the constitution of 1956‖152, which was implemented in the country for two years. And the third constitution was the constitution of 1962 introduced by General Ayub Khan. New experiments were also done on the way of constitution making, like the interim constitution of 1972 and finally the constitution of 1973.153 So Pakistan has remained in the constitutional crises till 1973.

The constitution of 1973 was very close to political culture and aspirations of the people of Pakistan. All the legal developments and the constitutional agendas prior to 1973 were unable to bring the stability for a proper functional federal state. The tragedy of Bengal was so deep in the mind of the nation and it portrayed overall a very gloom picture in the

150 Syed Jaffar Ahmed, Federation in Pakistan, A Constitutional Study, 42. 151G. W. Chaudhury, Constitutional Development in Pakistan (London: Longman, 1969), 1. 152Ibid, 1. 153 Syed Jaffar Ahmed, Federation in Pakistan, A Constitutional Study, 43.

80 national scenario.154 It was a problem of federation that constitutional issues regarding division of powers were not solved, the unlimited delay in the constitution, the role of military bureaucratic oligarchy, declared responsible in the drift between East and West

Pakistan. The making of national consensus constitution was the main development of the era of Zulfiqar Ali Bhutto. The constitution 0f 1973 was suspended and then was promulgated again with a special 8th amendment during the eleven years dictatorship of

General Zia.

In the long history and the turbulent struggle of constitution making, one can find that the federation and the federal structure were the main factors. Including the constitution of 1973, all the constitutions were trying to approach the problem of federalism in different ways. ―Providing different institutional structures and accommodating the federal principle in varying degrees. Some of these approaches completely failed to take into full account the conditions of the country while others lacked viability‖.155 Therefore, it is important here to see, when and at what level, the federal principle was included in the schemes of different constitutions and what the weaknesses they carried in the constitutional formulas were and how these weaknesses were responsible for the troubles and the future crises. If we see the constitution and its federal character, one is supposed to be keen to see ...―the nature of the division of powers between the federal and the federating units while keeping in view the three basic features of federalism: (1) distribution of powers, among bodies with limited and coordinated authority; (2) supremacy of the constitution; and (3) the authority of the courts

154https://joshandmakinternational.com/publications/the-myth-of-constitutionalism-in-pakistan-by-zulfikar- khalid-maluka/ Retrieved on 14-05-2018. 155Ibid., 43.

81 to act as interpreters of the constitution.‖156 Here we can add the bicameral legislature as the forth characteristic of federalism, in which the upper house reflect the principal of equality of the federating units and the lower house reflect the democracy.157 It is therefore, in the light of these basic characteristic of a federal constitutional state, we can compare the federation of Pakistan and the various constitutions introduced in its history.

Devolution Plan, a US led Global Arrangement

The Global Perspective

The World Bank report of May 1999-2000, entering the 21st century, tells the story of decentralization and the devolution plan of General Pervaiz Musharaff. The report says that ...―Pakistan a new nation has a politically disturb history.‖158 That is also in connection with the post-world war 2 concept of development and the ―creation of a highly centralized political fiscal system.‖159 According to the report the political centralization of Pakistan is also associated with the bad economic performance, poverty and social structure.160 The report says that Pakistan is now going to pursue the policy of decentralization.161 The report also indicate that it will be a fast track timetable and bold terms of reforms in terms of change in the ―political and bureaucratic landscape of

156 A. V. Dicey, An Introduction to the Study of the Law of the Constitution (London: English Language Book Society and Macmillion, 1973), 144. 157Syed Jaffar Ahmed, Federation in Pakistan, A Constitutional Study, 43. 158 World Bank, Entering the 21st Century, World Development Report 1999-2000 (London: Oxford University Press, 2000), 1. 159Ibid. 160That note is written by a team of Jakie Charlton, Robert Ebel, Hamid Mukhtar, Roxanne Scott and Francis Vaillan court. Funding of this activity was provided by the World Bank SASPR country team and the World Bank Institute and the Netherlands Ministry of Foreign Affairs(WBI/BNPP programme) 161 In addition, The Asian Development Bank, UK-DFID, and the Swiss Agency for Development and Cooperation (SDC) are among the leading in the devolution research effort.

Pakistan.‖162 According to the initiators, the policy was very sound and if this fiscal centralization is going to be implementing, the ―system has the potential to become strong and deliver its services for Pakistani people.‖163 This World Bank report also indicates that new system of decentralization will open the doors for many people to participate in the political development of the country. The better implementation will also bring a change in the political stability, economic development, poverty reduction and the control over corruption.

It is, therefore a point that the evolution of federalism and the transfer of power to the grass root level was not only a story pushed by local realities but it was also a US led global arrangement. This policy of Pervaiz Musharaff was framed in the US, with the involvement of some Pakistani and US officials along with the ...―Asian Development,

UK-DFID and Swiss Agency for Development and Cooperation (SDC).‖164 It is here one can see that the politics of the 3rd world and developing countries is monitored and controlled by the international figures. There is certainly a reality that Pakistan is a federal state and there was a strong pressure for the true spirit of federation and provincial autonomy. However Pakistani leaders and dictators including Pervaiz

Musharaff have taken more pressure of international community than the local realities.

This report of World Bank also indicate that Pakistani society is bold enough and ―there is a good reason to believe, it will succeed if the central government keeps its commitment to initiative and is willing to come with (and can secure the cooperation of)

162World Bank, Entering the 21st Century, 2. 163 Ibid. 164 Ibid.

83 provincial and local officials in its implementation.‖165 According to the report the trust of the grass root establishment, the electorate and the elected politicians, the Union

Councillors etc. are the building blocks for this devolution agenda. The history of

Pakistan has seen a process of political change in the recent years. Particularly the year of

2010 is likely to be called a year of substantial change in federalism and the structure of the state. To follow the true spirit of federalism, this is a change of provincial autonomy.

The constitution of 1973, which was unanimously approved and adopted, is basically amended by the parliament only twelve times. Some of the amendments like ―the 9th, 11th and 15th, they were not passed by the parliament and 8th and 17th amendments genuinely made to protect the military regimes.‖166 The change in Pakistani federalism is been witnessed through the 18th amendment in 2010. These changes are regarding the devolution of powers and transfer of powers, particularly administrative, political and financial. It can be clearly called that the 18th amendment is enriched with provincial autonomy. The 18th amendment was further refined by the 19th amendment. It has led to the process of transformation of the subjects from the federation to the provinces (though there have been controversies and also the process remained slow). After the 18th amendment the situation is that none among the institutions, the people and indeed not even the politicians, especially from the Punjab were aware about the direction of

...―transfer of power from federation to the provinces.‖167 Now it should be an important discussion about the latest situation of federalism in order to explain the political culture

165Isambard Wilkinson, Pervez Musharraf ends nine-year rule as president of Pakistan, The Telegraph,August 18, 2008.

166Mian Raza Rabbani, Biography of Pakistani Federalism-Unity in Diversity (Lahore: M/s Shirkat Printing Press, 2011), 137. 167The Daily Dawn, October 11, 2010

84 and political system too. There is also a need to explain the style and substance of recent ongoing change in the federation of Pakistan and also there is a need to genuinely look into the details of legal institutional implications regarding devolution of power from the federation to the provinces. The strengthening of provinces through the 18th amendment will bring up and boost a new political class, which is a need especially from the smaller provinces. Through this the current scenario of the federation is expected to widen the scope of democracy by giving the powers to the local bodies and decentralization of the central authority. The transfer of subjects from the federal government to the provinces will also bring a level of satisfaction to the parochial leadership. It is also important to visualize the economic dimension of the new initiative and the capability of the provincial governments to handle the transferred subjects and authority. It would also be important for Pakistan in the new setup to make a comparison of the global and regional experiments of federalism.

It is important to note that some scholars and political scientist keep a view that the structure of the federation of Pakistan has failed to develop a sense of equality among the units of federation. ...―and that Punjab has been dominating the functioning of federation in terms of policy formulation and implementation level.‖168 To explore the role of the Punjab in the political system and political culture of Pakistan and to find out whether it was exploitative to the federation and other federating units, it is to study the constitutions and the function of federal structure. In the history of Pakistan it was important for the federation to consider and recognize the local realities, particularly ethnic, cultural linguistic and social diversities of the federating units and other regions.

168Lubna Kanwal and Others, ―The Interim Constitution of 1947: Centre Province Relations and the Punjab 1947-1955‖,Pakistan Journal of Social Sciences, Vol. 32, No. 1 (2012): 123.

We can conclude the place of the Punjab not only through the constitutional framework but also after making a deep observation of the military bureaucratic oligarchy.

Conclusion

As has been discussed above that the system of federation provides unity in diversity and it is considered more reasonable in accommodating different regional identities, ethnic groups and communities. Federal setup accommodate Socio- cultural situation in a shared political framework. Anyhow, it is also observed that distrust among the federating units, due to various reasons, negatively affects the working of federalism.

Since its inception in 1947 Pakistan has applied federal structure because it inherited and adopted, after necessary modifications, the Government of India Act 1935, which enshrined the federal system of government. The first constitution was made after nine years in 1956 because the federating units, particularly East Pakistan had reservation about the parliamentary democracy, which offered the concept of two houses. A compromise was arrived and concept of one unit was incorporated in the constitution of

1956 which gave equal representation to the units. However, soon the 1956 constitution was suspended by General Muhammad Ayub Khan who took over the charge of government as a military dictator. He introduced the new constitution in 1962, which provided a Presidential form of Government; it brought about drastic changes in the genuine concept of federalism and overwhelming powers were vested in the centre. That led to sense of depreciation in the East Pakistanis and as a result caused a breakup of the

East Pakistan from Pakistan. Therefore, keeping in view the mistakes of the past, in the

1973 Constitution effort was made to introduce such federal structure where greater provincial autonomy was granted to the federating units. The prime objective of the

86 constitution of 1973 was that the federal structure should work more effectively to produce constructive fruits for provinces and the centre. Thus the constitution was enshrined with the principles of democracy, parliamentary system of government and greater provincial autonomy. However during the two marshal law regimes, Zia ul Haq era (1977-1988, and General Musharraf era (1999-2008) the provinces felt their powers have been reduced and centre has usurped their powers like Ayub did in the 1960s. These two regimes weakened the federal system in Pakistan therefore in COD both PPP and

PMLN decided not only to restore 1973 constitution in its true spirit but also to grant more autonomy, if necessary, to provinces to their address their grievances. Therefore after the restoration of the democracy in 2008, both PPP and PMLN showed determination to make Pakistan a truly federal state where provincial autonomy would be a hallmark of the federal structure.

Chapter 3

Functioning of Federalism from 2008 to 2009

In this chapter an attempt is made to understand how and why after the conclusion of Charter of democracy in 2006 the major political parties, Pakistan Muslim

League (PMLN) and Pakistan People party (PPP) treated each other when they came into power or assumed the role of the opposition from April 2008 to March 2009. In the following pages it is being discussed that immediate impact of the transfer of power to the elected representatives of Pakistan, both main parties namely PMLN and PPP showed great responsibility in extending respect to each other‟s electoral mandate and therefore both of them worked like a team in the Central and provincial governments.

Pakistan Muslim League Nawaz (PMLN) did not claim right to form government in the center simply because it considered it as the privilege of the PPP because she emerged as the largest party at the centre. Similarly PPP allowed PMLN to form its government in the province of Punjab, the most potential province. Rather both decided to form the coalition governments in the center and in the province of the Punjab. It was a unique political phenomenon that paved the way for the smooth Centre-province relations in the period under discussion which have not yet academically analyzed by the historians yet.

Therefore, it is of immense significance to understand the Centre-Punjab relations during

2008-9. This chapter tries to find answer to the following quires: What was the nature of their relations? What were the challenges they faced during this time? How they tried to cope them? What were the implications for working of federalism in Pakistan? To find out an answer to above mentioned questions, we need to explore and investigate the primary and secondary sources especially debates of the national and provincial

88 assemblies, official correspondence and other related documents, to have greater understanding of the working of Centre-Punjab relations, a unique phenomenon to be studied in more details.

Introduction

Taking into account a united front against Pervaiz Musharraf, in May 2006, Mrs.

Benazir Bhutto and Mian Nawaz Sharif signed a ―Charter of Democracy‖. They realized that they need to put up a united front against Musharraf and the military establishment.

The charter of democracy contained 36 points and formed a detailed and refreshing

Program in the prevailing situation. It was aimed to restore the 1973 constitution, as a complete worth of the document. It was also drafted to define the procedure by which judges should be appointed as a part of independent judiciary. The charter of democracy also contained most of the pro federal recommendations which later on came in practice in the shape of 18th amendment. ―It prescribed that the ISI should be accountable to prime minister and that defense budget should ―be placed before Parliament for debate and approval‖169. Benazir Bhutto and Nawaz Sharif also committed themselves ―not to join a military regime or any military sponsored government‖. They also make an understanding and wrote that they will not repeat the politics of what they have done in the 1990s. ―No party shall solicit the support of military to come into power or to dislodge a democratic government‖.170

The research deals with the working of the federation in Pakistan and the relation of Punjab and the federal government during 2008 to 2009. The history of Pakistan has

169 Christophe Jaffrelot, Pakistan Paradox, Instability and Resilience, Translated, Cynthia Schoch, 2nd Edition (India: Randon House, 2015), 260. 170 Charter of Democracy: Full Text, https://www.dawn.com/news/192460

89 seen sharp curves, ups and downs in this particular period. ―The hardening of the regime gave rise to protest at home and pressure from abroad that forced Musharraf to allow

Benezir Bhutto and Nawaz Sharif to return from exile, shed his military uniform and organize general elections.‖171 After the completion of tenure of the government in 2007, elections were held in February 18, 2008, they postponed the date of 8th January 2008 due to the assassination of Benazir Bhutto. In the politics of Pakistan the role of military has always been very decisive. However it was observed, as the command of army was gone into the hands of General Kayani, ―having decided to stay out of politics‖.172 The general elections were intended to select the representative of the people through the direct system of … ―elections of the lower house of the parliament, called National Assembly and the four provincial assemblies of Pakistan.‖173 The general elections were postponed due to the death of Benazir Bhutto by end December 2007. The elections of February

2008, were very shocking to many as ―Musharraf allies face voters wrath‖.174 Many heavy weights were knocked out,175particularly those of President Musharraf‘s Party.

―Pakistan has experienced probably the best election, in terms of being free and fair- since 1970‖.176 So ―Pakistan People‘s Party and Pakistan Muslim League (N) were in sight of magical number‖.177 On February 19, 2008 Nawaz Sharif speaking to the journalist said that judiciary is the key issue, so Pakistan Muslim League (N) was having a firm stand for the restoration of judiciary as promised in the elections. Asif Ali Zardari

171 Christophe Jaffrelot, Pakistan Paradox, Instability and Resilience 260-261. 172Ibid., 261. 173The Daily Dawn, Karachi, February 19, 2008. 174Ibid. 175 Ibid., 176Philip Oldenburg, India Pakistan and Democracy, Solving the Puzzle of Divergent Paths (London: Rutledge, 2010), 204. 177The Daily Dawn, Karachi, February 20, 2008.

90 favored the coalition government178 and Pakistan People‘s Party declared that ―it intends to form the coalition government at the centre and in four provinces with other former opposition parties‖.179 So far as the results of elections were concerned main political parties of the country were declaring it as a referendum against Musharraf, Chairman

Tehreek E Insaaf Imran Khan declared it a referendum against Musharraf.180 Also, on the other hand Aitzaz Ehsan181 was showing a polite dealing with Musharraf and Shujaat,

―Aitzaz Ehsan advised President Musharraf and Chaudhary Shujaat Hussain to resign from the respective posts in the wake of what he called a humiliating defeat of the king‘s party‖.182 After the elections, talks and discussions started between Pakistan People‘s

Party and PML (N) about power sharing and coalition government in federation and the

Punjab.183 On March 2nd Chaudhary Nisar Ali khan said that coalition accord will be signed between the parties in two days he said, the ―Pakistan People‘s Party, Pakistan

Muslim League (N) and ANP would finalize a power sharing agreement in two days.‖184

He also declared that Pakistan Muslim League (N) would not be part of any coalition with MQM.185 ―Pakistan Muslim League N (Nawaz group) known as Pakistan Muslim

League (N)‖ won the election in Punjab and was able to form the government. Both of the leaders of Pakistan Muslim League (N), Nawaz sharif and his brother Shahbaz Sharif were not allowed to contest the elections of 2008, however their party contested the elections and were able to form its government in the Punjab. At the Centre level,

178 Ibid. 179Daily Express Tribune, Lahore, February 25,2011. 180.The Daily Dawn, Karachi, February 20, 2008 181 A famous political leader and lawyer of Pakistan People‘s Party 182 Ibid. 183Pakistan’s PPP and PMLN to form a coalition government, http://www.china.org.cn/english/international/243499.htm.Retrieved on 13. 03.2017. 184The Daily Dawn, March 3, 2008. 185Ibid.

Pakistan People Party was able to form its government, after making an alliance with some smaller political parties.

The history of the government of the Punjab can be divided into two phases in these five years. Dost Muhammad Khosa became the chief minister of the Punjab on 12th

April 2008 for an interim period till Shahbaz Sharif will become the member of the

Punjab assembly. First period is from 8th June 2008 to 25th February 2011, during this period there was a coalition government of Pakistan People‘s Party and Pakistan Muslim

League (N) in the Punjab. The 2nd period can be describe as the single party rule of

Pakistan Muslim League (N) in the Punjab from 25 February 2011 to the end of term of government in March 2013.186

After the elections of 18 February, since none of the party at federal level was able to form its government, negotiations started, the key points of these talks were not only to form the government but also some of the key issues were like:

 The restoration of judiciary

 The possible coalitions in the provinces

 The future of Pervaiz Mushraff in politics and the seat of presidency

 The possible coalition of Pakistan Muslim League (N) and Pakistan People‘s

Party at federal level and division of ministries.

186 Punjab Assembly Decisions, http://www.pap.gov.pk/uploads/downloads/pap_decisions_2015.pdf.Retrived on 15.02.2-17.

 The adjustment of MQM in Sindh government (as almost all political parties

announced boycott of MQM due to their role in the later years of Pervaiz

Mushraff, particularly its reactive role against the restorations of the movement of

judiciary)

In this political juncture for the formation of government talks were going on, so

Pakistan People‘s Party, Pakistan Muslim League (N), ANP finalized its 20 member‘s cabinet. ―The alliance of Pakistan People‘s Party, Pakistan Muslim League (N), ANP and

Jamiat Ulema-i-Islam fazlur Rahman Group (JUI-f) made headway by finalizing a twenty members‘ cabinet according to their numerical strength in the both houses of the parliament.‖187After the elections there was a general perception that it was a vote of nation against Musharraff, so the dictator has to go. The newspapers were writing against and the dictator was going in isolation. He was not assertive now as politicians swept the political environment in the elections. The statements of Mushrraff were very low in profile as compare to his previous public posture. In the days of the making of government in March 2008 he once said, ―that he desired good working relationship with the new government. The newly elected assembly should also complete its five years tenure like the previous one‖.188

On March 31, 2008, Pervaiz Mushraff administered the oath ceremony of the federal cabinet comprising of 24 ministers. It was ―a seven minutes ceremony which appeared to be dull and dreary‖.189 This was the situation going on at central level and

Punjab was going through the process government. After the elections it was very clear

187Daily International TheNews, Lahore, March 19, 2008. 188Ibid.,March 20, 2008. 189The Daily Dawn, Karachi, April 1, 2008.

93 that the government was going in the hands of Pakistan Muslim League (N) at Punjab level. In practice the executive authority was in the hands of Shahbaz Sharif. On April 6th

Shahbaz Sharif constituted a number of working groups to look into the functioning of the of the Punjab government. A spokesperson of the planning and development said that one such group is already working. Though the government is still a matter of future but it was the mood of calling the shots.190 Sardar Dosat Muhammad Khosa became the chief minister for the interim period till Shahbaz Sharif would be able to become the member of the assembly. Both parties at power at federal level and at Punjab level were going smooth and were firm over the reinstating of the judges in the early days of power. The coalition partners on April 15, 2008, had a meeting, attended by Asif Ali Zardari, Mian

Nawaz Sharif and Asfand Yar Wali and finalized a plan ―for the reinstatement of the deposed judges.‖191 According to Daily Dawn the three leaders have agreed to settle the issue at the earliest and the reinstatement did not get much time or opportunity to subvert the process.192

On April 5, 2008, a meeting was held between Pakistan Muslim League (N) and

Pakistan People‘s Party for the coalition in the Punjab government. In this high level meeting it was decided that Pakistan Muslim League (N) will get 21 and Pakistan

People‘s Party will get 13 seats in the incoming cabinet of the Punjab. In this high level meeting the two parties also ―resolved to overcome all hurdles and problems in the way of the coalition for the sake of democracy‖.193 It was also the time and very first weeks of

190Ibid., April 7, 2008. 191 Ibid, April 16, 2008. 192Ibid., April 16, 2008. 193Muhammad Iqbal Chawla, ―ERA OF ―RECONCILIATION‖ IN PAKISTAN, 2006-2017: A CRITICAL REAPPRAISAL‖, Journal of the Research Society of Pakistan Volume No. 54, Issue No. 2 (July - December 2017), 242.

94 the newly seated government that the constitutional package for the eighteenth amendment was ready to be presented in the next session of the National Assembly.

―That amendment was aimed to cut the crucial powers of the president, smoothen the functioning of the council of common interest (CCI) and ensure that autonomy granted to the provinces with the basic law is not violated by anyone on any ground.‖194 After the elections and the formation of new governments at federal and provincial levels it was an atmosphere of increasing pressure on General Pervaiz Musharraf. The movement for the restoration of judiciary was on its peak, the lawyers, civil society and entire nation was expecting the restoration at the earliest. In this situation the dictator was facing the hardest days of his rule. Speaking on a seminar in Lahore Asma Jhangir said that ―anyone who had violated the law should be punished and treated as the law treated a common man. She said that the civil society‘s struggle would continue until Musharraf,s ouster.‖195 April 2008 was the time of mixed sort of situation, it was the beginning of democratic government, it was pushing the dictator to corner and also the major issue of the time was the restoration of judiciary was yet to settle. It was also the beginning of the time to clean the remove the legal mixture spread by the dictator by putting certain restrictions in the democratic and political process. One of the restrictions was the graduation bar to become the parliamentarian. It was a case in Supreme Court and larger bench was hearing it. The attorney general told the larger bench that ―the graduation condition for contesting the election was discriminatory and has deprived 87 percent population from their democratic right of contesting election.‖196

194The Daily Dawn, Karachi, April 1, 2008. 195International The News, April 18, 2008. 196Ibid., April 19, 2008.

The ruling coalition also started facing problems and the initial problem was a deadlock in the return of judges. The ruling party of Punjab Pakistan Muslim League (N) warns the federal government of Pakistan People‘s Party that it may quit government.

Both of the senior leaders of the ruling parties of Pakistan Muslim League (N) and

Pakistan People‘s Party met on 21 of April 2008and ―failed to agree on the resolution of the deposed judges as envisaged in the Murree declaration and also on the constitutional package for reforms in the Judiciary.‖197 It is also considered the beginning of the tension between two main stream parties of the country. There was a committee formed for the reinstatement of the deposed judges on 22 of April 2008. The leadership of both parties formed committee which will finalize the proposal in consultation with the lawyers. This was the start of working relationship between Pakistan People‘s Party and Pakistan

Muslim League (N) at federal level. As far as Punjab is concerned the Punjab coalition cabinet started working on 22 of April 2008. The Punjab chief minister conducted a press conference and said that the first phase of the formation of the governments complete and

14 ministers have started working with their portfolios.198

Just after months situation was changed and Mian Shahbaz Sharif was able to contest the by elections held in May 2008. In consequence of this Shahbaz Sharif was elected the as leader of the house on 9th June 2008 after taking 265 seats. He was again elected chief minister of the Punjab after 8 years 7 months and 26 days. In the federation of Pakistan the representative of the federal government in province is the seat of governor. One can find the story from governor house in connection with the chief

197Ibid.,April22, 2008. 198The Daily Dawn, Karachi, April 23, 2008.

96 minister of the Punjab. This is the beginning of the story that determined the relationship of the Punjab and the federation of Pakistan in these five years.

Salman Taseer as Governor of the Punjab and Twist in Relationship

After the execution of Zulfiqar Ali Bhutto some of the Pakistan People‘s Party key workers joined Salman Taseer in his business. During the time of Mohtarma Benezir

Bhutto Pakistan People‘s Party kept itself away from Salman Taseer. However Salman

Taseer came close to Dictator Musharraf and he made him minister of trade at the time of caretaker government for the election of 2008.Later after the elections of 2008 he was given the seat of governor of the Punjab. Salman Taseer became very close to Asif Ali

Zardari after the assassination of Mohtarma Banezir Bhutto. After the transfer of power to the elected government the president Pervaiz Musharraf was gradually weakened. And ultimately he had to leave the office of presidency. Mr. Zardari became the president of

Pakistan and Salman Taseer was one of the trusts of Asif Ali Zardari in the Punjab.

Salman Taseer, a chartard accountant and a Pakistan People‘s Party stalwart, a media company owner and a businessman, was prominently known as pro Musharraf and infact

…―reported to have called the president on his camp office on Thursday 15th May

2008.‖199 So the unfolding political mystery of the country took a new shape when

―Pakistan Muslim League (N) reacted angrily to the nomination of the controversial

Salman Taseer as the new governor of the Punjab.‖200Though it was explained by

Pakistan People‘s Party that they have got the name cleared by some of Pakistan Muslim

League (N) leaders. However, one can see the level of tension that existed between the

199Ibid., May 15, 2008. 200Daily Nation, Lahore, May 16,200.

97 main political parties over the issue of governor. Chaudhary Nisar Ali khan fired strong words in a press conference on May 15 2008, ―Taseer‘s nomination is part of the controversy being hatched in the presidency.‖201 These were the words, which left everyone thinking ―what could turn out to be a decisive battle for control that pits

PresidentPervaiz Musharraf against Mian Muhammad Nawaz Sharif and Co, with Asif

Zardari and his Pakistan People‘s Party occupying an enviable position somewhere in the middle.‖202 On the other hand Salman Taseer was very committed of his belonging to the

Pakistan People‘s Party. One can see his first speech after becoming the governor of

Punjab, he ―vowed to make the province a stronghold of the Pakistan Peoples‘ Party.‖203

After taking the oath Mr Salman Taseer made a brief speech and ―said he represented

Pakistan People‘s Party in the province.‖204 There were loud slogans and chants ―jeay

Bhutto and zinda hy bibi zinda hy,‖ later in the evening in the governor house after the oath taking ceremony.

As it is mentioned the selection of the governor was not pleasant surprise by the federal government and it was the beginning of bitterness between the two main political parties, which went sky, like high in the coming months not even years.

Lawyers Movement for Reinstatement of Judges

The other main issue was the restoration of judiciary which both of the parties has made commitment in the election campaigns and their manifestos. There was dead lock type of position over the issue right in the beginning between both of the parties ruling in

201The Daily Dawn, Karachi, April 23, 2008. 202 Ibid., 203Ibid., May 17, 2008. 204 Ibid.

98 the federation and the Punjab. Though it was deadlock over this issue but the public posture was different, as one can see the statement of the ―Law Minister Farooq H. Naek stressed the need for measures to avoid a delay in resolving the issue of reinstatement of the deposed judges.‖205 It was also observed that Farooq Naek was reluctant to give timeframe for the restoration of judiciary and said that ―the reinstatement of the deposed judges is being delayed by the legal problems. And added, …that the parliament should work out the proper way for reinstating them.‖206 On the other hand the lawyer‘s movement for the restoration of judiciary was on its peak, on May 17, 2008, the all

Pakistan lawyer‘s convention was held in Lahore and they ―decided to set off a long march to Islamabad or Rawalpindi on June 10 for pressuring the government for reinstating the deposed judges.‖207

Pakistan Muslim League (N) Stance over Issue of Judiciary

The stance Pakistan Muslim League (N) was very firm and hard about the restoration of judiciary and deposed judges. At the time of oath taking all elected representatives of Pakistan Muslim League (N) were of the view that their first most important duty is to restore the deposed judges and will not back out from this stance.

Soon after the formation of government both of the parties were showed concern about the restoration of judiciary and twice had agreements about the issue, known as Bhourban and Murree declaration. But it was observed that federal government of Pakistan People‘s

Party was some way reluctant in the restoration of judiciary. The political scene was getting tense in those days, lawyers movement along with civil society was on its peak

205 Ibid. 206 Ibid. 207Ibid., May 18, 2008.

99 for the restoration of judges. One of the statement of Asif Ali Zardari was highly discussed and criticized in media and political parties, that the written agreements and promises are not Quran or Hadees that they must be fulfilled. After this statement it was observed that Pakistan Muslim League (N) leadership decided to resign from the federal cabinet and the ministries resigned from their offices of the federal cabinet in May 2008.

There was another fact that the working relationship of both of the larger parliamentary parties was intact. Both parties were also showing good will gesture to each other at some point of time. When Lahore high court gave the controversial ruling against Mian Nawaz

Sharif for not contesting the National Assembly election came on 23 June both the Prime

Minister and the law Minister ―told the National Assembly that the government would appeal before the Supreme Court to challenge Monday,s ruling…‖208 about the disqualification of the former prime minister. And in the Punjab Pakistan People‘s Party was part of provincial cabinet. ―The tension between the two main political parties

Pakistan People‘s Party and Pakistan Muslim League (N) was‖209… on two main issues,

Salman Taseer as governor of the Punjab and the restoration of judiciary. Also one can see harsh stance of the advisor of the prime minister Mian Manzoor Ahmad Wattoo, who told the reporters at his residence on August 31, 2008, ―that the day the Pakistan People‘s

Party came out of the cabinet, chief minister Shahbaz Sharif would loose majority,s support in the 371 member house, because of which he could be asked to seek a fresh vote of confidence.‖210 Mian Mansoor Wattoo was given the task to ensure maximum votes for the presidential election going to be held on 6th of September 2008 for Asif Ali

Zardari in the Punjab assembly.

208Ibid., June 25, 2008. 209South Asia Voices, Why PML (N) is no Favoruite to Win Pakistan‘s Elections, May 01,2018. 210The Daily Dawn, Karachi, September 01, 2008.

100

Asif Zardari as President of Pakistan

Asif Ali Zardari became the President of the federation of Pakistan on the first week of September 2008, after the dictator president was forced to leave. On 6th of

September 2008 there was a party arranged in the governor house of the Punjab in connection with the celebration of the seat of presidency. Mr Salman Taseer said in the party that if Pakistan People‘s Party resign from the coalition with MPLN in the Punjab,

Shahbaz government will not survive for even twenty four hours. This story of the party was telling about the days to come and the future relationship between Pakistan People‘s

Party and Pakistan Muslim League (N). There was no development at one side over the issue of judiciary and on the other side the statements of Salman Taseer, governor of the

Punjab showing the inside story of the beginning of tension between the federal and the provincial government of the Punjab. The gulf was gradually widening between Pakistan

People‘s Party and Pakistan Muslim League (N) especially after the presidential election and Pakistan people‘s party was to some extent determined to dislodge the Shahbaz

Sharif government after forging an alliance with the PMLQ to rule the province.211 So far as Punjab and its government was concerned Pakistan Muslim League (N) was confident and was of the view that it can thwart all plans against its government. Dawn newspaper showed its observation on 8 September that Salman Taseer said, ―That the Punjab government is not safe at all; their support line is very thin.‖212 On the other hand at federal level president Asif Ali Zardari was looking for the policy of reconciliation and after getting the seat of presidency when for the first time met the delegation of Pakistan

Muslim League (N), requesting to rejoin the ruling coalition, this request was politely

211Ibid., September 08, 2008. 212 Ibid.,

101 declined by Pakistan Muslim League (N) leadership but also it was assured to the president that the party would play a positive opposition role in the parliament.213 The situation of coalition in the Punjab was not going normal, however the language and tone of Mian Nawaz Sharif was very normal in the in statements. Answering the questions at

Lahore airport to the journalists on 9th September he said that the issue of the cabinet members of Pakistan People‘s Party in the Punjab has settled and the Pakistan People‘s

Party would take a decision in this regard.214 It should be noted that some of the Pakistan

Muslim League (N) leaders were publicly demanding the resignations of the Punjab cabinet members of Pakistan People‘s Party, and were making a connection of it with the resignations of the ministers of Pakistan Muslim League (N) in the federal cabinet, which had resigned in the month of May 2008. The working relationship was going on but a fear existed that both parties will split from the provincial coalition as well. Particularly the statements of Salman Taseer and Mian Manzoor Wattoo were giving the impression of going wrong between the two parties. At the same time some far sighted leadership of both of the parties knew the value and importance of this coalition and was committed to continue with it. President Asif Ali Zardari was also of the view to continue with a good will gesture and coalition. For that matter he indicated the senior minister of the Punjab cabinet to continue working collectively in the Punjab government. The message of the president was given to the chief minister of the Punjab in a meeting in the CM house.

And Raja Riaz told the Chief Minister Mian Shahbaz Sharif that Pakistan People‘s Party wish to continue with this partnership in the province and stressed upon, the reservations of the Pakistan People‘s Party ministers should be addressed. He also told the chief

213Ibid., September 09, 2008. 214Ibid., September 10, 2008.

102 minister that the Pakistan People‘s Party will continue its support to Pakistan Muslim

League (N) in the Punjab. At the same time one can see that mature leaders had their influence in both of the parties, so working relationship continued.

However trust deficit was getting high between the two parties particularly ―the high political activity initiated by the governor Salman Taseer and the Manzoor

Wattoo.‖215 This trust deficit between the two ―forced Punjab chief minister Shahbaz

Sharif to convey to Rehman Malik, the need for initiating fresh negotiations to develop working relationship in Punjab coalition amidst Taseer- Wattoo led political manipulations.‖216 By September 2008, it was observed that there was a backtracking campaign by the Pakistan People‘s Party over the 17th amendment and the and other issues, like the restoration of judiciary and ―contacts with the PMLQ leadership, efforts to woo Q-splinters in forward block and a campaign against the provincial bureaucracy were conflicting signals coming from the Pakistan People‘s Party while it publicly showed the desire of settling disputes with the Pakistan Muslim League (N).‖217 After that Rehman Malik met the Pakistan People‘s Party ministers of the Punjab cabinet and told them to continue the working relationship in the province. In this meeting ―Pakistan

People‘s Party senior minister Raja Riyaz and other ministers complained of the problems being faced by the Pakistan People‘s Party and Pakistan Muslim League (N) led provincial government.‖218 In the said meeting the Pakistan People‘s Party ministers also comprehensively discussed their reservations and the attitude of the chief secretary towards them and also some of the orders of the DCOs. In the same meeting ―they argued

215International The News, September 13, 2008. 216 Ibid. 217 Ibid. 218 Ibid.

103 that Pakistan People‘s Party would have to take charge of the province if it was to build up its electoral strength in the province.‖219 It was a situation of uncertainty in the provincial coalition of Punjab, both of the parties have their deep concerns with each other. On the other hand at federal level Pakistan People‘s Party was ready to join hands with the PMLQ. ―President Asif Ali Zardari has urged PMLQ Ch. Shujaat Hussain to direct his party legislatures in the National Asembly to join the federal cabinet in one week‖.220 This telephonic talk was happened after the meeting of Salman Taseer with Ch.

Shujat Hussain few days earlier. However the coalition was going on as the leadership of both of the parties again agreed to continue as coalitional partners. It was observed that after many weeks of tense relations the ―Pakistan Muslim League Nawaz Pakistan

Muslim League (N) and Pakistan People‘s Party are believed to have moved a step further towards peaceful coexistence in the Punjab.‖221 ―Chief Minister Mian Shahbaz

Sharif has assured us of our due share in jobs, development and cabinet as agreed in the power sharing formula between the two parties.‖222 Tanvir Ashraf Kaira told me to the press quoted in Dawn and other newspapers. It is also believed that Pakistan Muslim

League (N) was not willing to this power sharing formula since they have resigned from federal cabinet and was now in a good position in the provincial assembly of the Punjab.

They believed they have with them the support of MPAs more than they required for the government.

It is also important here to mention that a story was published in the Dawn on 28th

September 2008 and newspaper sources wrote that apart from the apparent settlement of

219 Ibid. 220Ibid.,September 14, 2008. 221The Daily Dawn, Karachi, September 24, 2008. 222 Ibid.,

104 coalition government in the Punjab the top Pakistan People‘s Party leadership and the

Punjab governor separately told the newspaper that they have all the options open and will make situation clear in the coming few days.223 During the same time the leadership of PMLQ was showing inclined towards Pakistan People‘s Party to become coalition partner in the government. So it was observed that the leadership of Pakistan People‘s

Party and PMLQ was in contact in the months of August and September 2008. The newspaper Dawn revealed that the ―top PMLQ and Pakistan People‘s Party leaders were in contact with each other and their outcome would be made public in near future.‖224

The perspective of contact was at both of the places, at federal level and the provincial

(Punjab) level. It was generally a tense atmosphere between the two ruling parties; particularly in the Punjab the situation was not going normal. Both of the parties were not ready to go in free hands with each other. This tense atmosphere was also defining the center province relationship. By the month of October 2008, there were two main in portfolio: one was the aggressive attitude of the governor towards Punjab government.

And the other was the disappointment of the Pakistan People‘s Party ministers in the

Punjab cabinet. On 9th October 2008 President Asif Ali Zardari and Mian Shahbaz Sharif met in Islamabad to curtail the rising tension between the two main parties PPP and

PMLN, and the issues between, as a coalitional partners in the province of the Punjab. In this meeting both of the leaders agrees to maintain a status quo in Punjab as Mian

Shahbaz Sharif promised to give more powers to the Pakistan People‘s Party ministers in the Punjab cabinet. On the other hand President Zardari assured Mr. Sharif that the

Governor Salman Taseer would not interfere in the administrative matters of the province

223Ibid., September 28, 2008. 224Ibid., October 01, 2008.

105 and also will not give any aggressive statements against Pakistan Muslim League (N) and the Punjab government.225 The working of federation was smooth in description but bitterness continued between both of the parties in power at Centre and the Punjab.

The other very important issue in the political environment of the country was the movement of the restoration of judiciary, and so far the federal government was not ready to restore it accordingly, as aspired by the lawyers across the country. ―By October 2008, this issue was also a cause of tension between the federal government and the provincial government of the Punjab.‖226 Many bar councils of the country were getting very strict against the government and were not ready to join hands in the new scenario as some of the lawyers relating to Pakistan People‘s Party have changed their stance and have now supporting Justice Abdul Hamid Dogar as Chief Justice of Pakistan. The office bearers in a press conference at Lahore, Faisalabad, Multan, Sialkot and Lahore bar associations said that the federal government and the Attorney General Sardar Latif Khosa are ―trying to pressurize the lawyers and sabotage their movement for the restoration of judiciary.‖227

Saudi Support for Repealing 0f the 17th Amendment

There was another issue between the two, the federal ruling party PPP and PMLN the ruling party of the Punjab that was about the 17th amendment and especially about its clause that debars third term of office to any prime minister and chief minister. It was a direct exclusion of Nawaz Sharif and Benezir Bhutto for getting elected for the third term of office. ―The 17th amendment was introduced by the President Gen. Pervaiz Musharraf for keeping aside the top leadership of Pakistan People‘s Party and Pakistan Muslim

225Daily The Express Tribune , Lahore, January 05, 2011. 226Daily Dawn., October 10, 2008. 227Ibid., October 12, 2008.

106

League (N).‖228 After the unfortunate murder of Benezir Bhutto, there was only Mian

Nawaz Sharif who was facing this bar. There was a story published in the Dawn by

Amjad Mahmood on 14th October 2008, in which he reveals that Mr. Sharif is ―desperate to get 17th amendment scrapped.‖229 In the story Amjad Mahmood has explained that

Mian Sharif is deeply concerned while keeping in view the track record of President Asif

Ali Zardari on the issue of judiciary. In the details of this story Mr. Amjad has written that during the recent stay of former Prime Minister Nawaz Sharif to the kingdom of

Saudi Arabia, he has discussed this issue to the influential royal family members of the

Saudis. It was due to seeking their support ―in pressing the Pakistan government to repeal the relevant clause of the 17th amendment and thus providing breathing space to him.‖230

A senior party official of Pakistan Muslim League (N) told it to the Dawn. It is important to mention that the former Prime Minister had made a long tour to the Kingdom Of Saudi

Arabia from 21 September to the 5th of October 2008. One can say that it was not normal or smooth relationship in any way between the federal and provincial ruling parties.

Aggressive Stance of Governor Salman Taseer

Pakistan People‘s Party in the Punjab under the domination of Governor Salman

Taseer was aggressively dealing the matters towards Pakistan Muslim League (N) led government. Another incident was observed during these days, governor Salman Taseer was out of country and caretaker governor was Rana Muhammad Iqbal, he under took a ceremony of oath taking from the provincial ombudsman in the chamber of Punjab assembly. Khalid Mahmood was appointed the provincial ombudsman and Mr. Taseer

228Ibid., October 12, 2008. 229Ibid., October 14, 2008. 230Ibid.

107 was not taking the oath from him, it was a matter under heated debate over the couple of months as the chief minister appointed the provincial ombudsman and Governor was not taking the oath. It was a sort of tussle that was going on between the Governor and the

Chief Minister. Governor Taseer rejected the appointment of provincial ombudsman and also chairman of public service commission by saying that the appointments are not constitutional, and that the provincial government is going through the unconstitutional decisions. Over the said issue he also said that he will not make again Rana Iqbal as caretaker Governor. Pakistan Muslim League (N) answered the Governor and senior advisor to CM Sardar Zulfiqar Khosa said that the Governor Taseer is working on some special unseen political agenda. One can say that this political tussle was turning into a political rivalry between Pakistan People‘s Party and Pakistan Muslim League N, consequently the federal government and the provincial government of the Punjab. Over this existing tense situation, a famous statement of the ―federal minister of population welfare Dr. Fardous Ashiq Awan came and she said that soon Pakistan People‘s Party would be able to make its government in the province of the Punjab.‖231 She also said that it is very important for Pakistan People‘s Party and its politics to make its government in the Punjab as well. The minister also said that the alliance of Pakistan

People‘s Party and Pakistan Muslim League (N) is only a papers and just a forced alliance.

Disqualification of the Sharif Brothers by the Supreme Court

On 25th of February 2009 the Supreme Court of Pakistan disqualified both of the

Sharif brothers‘ form contesting the elections. ―Consequently, Shahbaz Sharif lost the

231 Ibid. February 25, 2009.

108 office of Chief Minister of the Punjab and elder brother Nawaz Sharif is barred from contesting the elections.‖232 The short order of the Supreme Court declared that.

“For the reasons to be recovered later, the judgment/orders dated June

23, 2008, Lahore High Court writ Petitions Nos, 6468/2008 (Noor Ilahi

versus Nawaz Sharif) and 6469/2008 (Syed Khurram Shah versus Nawaz

Sharif) are upheld. No ground for leave is made out. These petitions are

accordingly dismissed. A short order of the Supreme Court of Pakistan

Quoted in the Dawn.”233

The Supreme Court of Pakistan gave the verdict of the disqualification of the of

Mian Sharif brothers in two separate petitions. Mian Nawaz Sharif in plane high jacking case and about MianShahbaz Sharif, it was ―declared that Shahbaz Sharif was not qualified to be declared or chosen a member of the provincial assembly from PP-48

Bhakkar 2.‖234

It was a decision followed by political turmoil across the country. The Dawn made the front-page headlines that ―the battle lines drawn‖ and ―the belligerent Nawaz

Sharif lashes out at Zardari.‖235 After the decision the former Prime Minister Nawaz

Sharif accused in a very strong words to the President Asif Ali Zardari and said the he was offered relief in their eligibility cases, ―in exchange for supporting extension of service of Chief Justice Abdul Hameed Dogar. ―And Pakistan Muslim League (N) leader

232Ibid, February 25, 2009. 233Ibid., February 26, 2009. 234The Nation, February 26, 2009. 235 Ibid.

109 asked the people to ―stand up and be counted.‖236 In a press conference after the decision

Nawaz Sharif alleged …―the Chief Justice and the President that both have approached him and have offered relief in the cases if he (Nawaz Sharif) changed his views and stance over the restoration of Judiciary.‖237 In that press conference Nawaz Sharif said that national interest is supreme and we have placed it up over the personal interest. And we were not stuck to the deal. In the same press conference Mian Nawaz Sharif told that

Asif Ali Zardari invited CM Shahbaz Sharif around a month ago in the presidency and offered him ―what he himself called a business deal‖238. According to Nawaz Sharif, as he added, ―the judges would provide relief provided the Pakistan Muslim League (N) helps the government in granting extension to the Chief Justice, which is due to retire in

March.‖239

It is observed that it was the decision of ultimate tension in both of the main parties, Pakistan People‘s Party and Pakistan Muslim League (N). There were numerous analyses about this case that the judges were taking direction from the ruling elite. This tension started months ago when Asif Ali Zardari was unable to fulfill the promises he made in front of the entire nation on media and signed agreements with Pakistan Muslim

League (N) leadership about the restoration of judiciary, and had delayed the decision about the deposed judges. After the decision of the court Governor Rule was imposed in the Punjab. The President imposed Governor rule for the period of two months. ―On the advice of the Prime Minister Yousuf Raza Gilani under Article 237 of the constitution, the President has imposed Governor Rule in the Punjab with immediate effect for a

236 Ibid. 237 ―Judicial Activism‖, South Asia Inside Vol 18 (1) (2014): 14. http://southasia.com.pk/Images/archives/2014/sa-jan14.pdf accessed on 16 March 2018. 238The Nation, February 26, 2009. 239 Ibid.

110 period of two months.‖240 It was told by the …―spokesperson of the President Farhatullah

Babar. It was also interestingly noted that the President has not suspended the Provincial

Assembly but barred the Chief Minister and his Cabinet‖241… from their offices.

The President imposed Governor Rule after the consultation with the Prime

Minister and his cabinet for three hours. It was also observed that the top level administration and bureaucracy in the province of Punjab was changed. Najeeb Ullah

Malik was appointed the chief secretary and Khawaja Khalid Farooq was made the

Inspector General of police replacing Shoukat Javeed. All top-level officers were replaced and also it was decided to impose section 144 for the avoidance of protest rallies of the previous ruling party (Pakistan Muslim League (N)). In the same night at Governor

House, lists were made for the transfers and new posting of the divisional police officers.

Secretaries of all the departments were also replaced.

The Reaction of Pakistan Muslim League (N) Over the Court decision

As expected the reaction of Pakistan Muslim League (N) was very aggressive over the decision of Supreme Court. Protest across the country particularly in the major cities started. A very important point in the in the reaction of the leaders of Pakistan

Muslim League (N) (particularly Nawaz and Shahbaz) was that they were not focused about their disqualification and the Governor Rule, rather than they were focusing about the PCO judges and the about the restoration of judiciary. They were now more strongly involved in the lawyer‘s movement. The slogans became intense, and they were about the independence of the judiciary.

240 Ibid. 241 Ibid

111

On the other hand Pakistan People‘s Party was also started feeling the heat of the situation over the ―decision‖ of the Supreme Court. ―The Pakistan People‘s Party led coalition government seemed facing worst political crises of its 11 months life as nationwide protest on Thursday…‖242 and the Prime Minister Yousuf Raza Gilani said that the ―verdict has harmed the democracy‖.243Having set the Governor rule now

Pakistan People‘s Party was on its way to form its government in the Punjab. The federal ruling party decided on 26th of February that it would keep all its options open for making an alliance with the MPLQ. ―The decision was taken at a meeting of the party‘s central executive committee jointly presided over by the co chairman Asif Ali Zardari and the

Prime Minister Yousuf Raza Gilani‖.244

However manipulations were on full swing for the required number in the Punjab

Assembly and the main relying of Pakistan People‘s Party was over PMLQ. It was observed in the initial days that the forward bloc of PMLQ was backing Pakistan Muslim

League (N). ―Three days after imposition of Governor Rule in Punjab, the Pakistan

People‘s Party is yet to come up with a feasible plan to form its government in the province.‖245None of considerable voices had yet come in favor of Pakistan People‘s

Party, ―all that it has been able to come up so far is meek voices that have been drowned by an emotional chorus whipped up by the Pakistan Muslim League N on the disqualification‖.246Some of the development were also observed, the federal government was showing regret over the decision and at the same time the federal cabinet declared it according to law. The federal cabinet on 27th February in its meeting described that ―the

242Ibid., February 27, 2009. 243 Ibid. 244 Ibid. 245Ibid., February 28, 2009. 246 Ibid.

112 imposition of Governor Rule in Punjab as an option of last resort, necessitated by the constitutional and administrative vacuum in the province caused by the SC verdict.‖247

The session of National Assembly was called regarding the issue of Governor Rule in the

Punjab. On the floor of the house there were clashes between the members of Pakistan

People‘s Party, Pakistan Muslim League (N) and MQM also. MQM supported the government while ANP was silent in this in the Assembly. Pakistan Muslim League (N) protested strongly in the National Assembly and reacted with slogans, which continued for more than two hours. The Prime Minister Yousaf Raza Gilani addressed the

Assembly that we wish to save the system with conciliatory politics and if we could not prove our majority in the Punjab Assembly, we will sit in the opposition benches. He also declared that the Governor Rule will not go for long in the Punjab.

Post-Governor Rule

On 27th February the Governor Rule was also challenged in the Lahore High

Court. Mr Tariq Aziz challenged the governor rule in the Punjab and raised four objections over it. In his petition he said that the ―detailed reasons for the imposition of the Governor Rule were required to be given accordance with the constitution, but the notification contained none. The notification was mollified and had been issued without lawful authority‖.248 The petitioner further requested the court that the notification should be declared ―unconstitutional and unlawful‖ as the imposition of Governor Rule is violation of the constitution.249

247 Ibid. 248 Ibid. 249 Ibid.

113

During the session of the National Assembly the Prime Minister offer a brunch to the opposition and promised that he will get resolve the political crises in the Punjab.

However the opposition and Choudhary Nisar Ali khan sidestepped this offer demanded

―to restore Pakistan‘s real judiciary.‖250 In the National Assembly the opposition leader was hitting hard and targeted the President followed by the ―slogan chanting of Pakistan

Muslim League (N) members.‖251 The Prime Minister Gilani was very active in that situation and assured the opposition ―that there will be no horse trading to deprive

Pakistan Muslim League (N) as being the largest party in the Punjab Assembly.‖252

Opposition and Choudhary Nisar Ali khan was hitting that the federal government want to buy the loyalties of the Provincial Assembly members by horse trading and want to form their government while keeping aside the majority of Pakistan Muslim League (N) in the Assembly. Over these developments the response of Pakistan Muslim League (N) was very aggressive and hard, they were directly blaming the Presidency responsible for these political crises. Particularly about the Governor Rule Pakistan Muslim League (N) was loud enough that it is imposed just for horse trading otherwise they must wait for the majority party (Pakistan Muslim League (N)) to elect the new Chief Minister.

On 28th February (2009) the Governor Rule was also challenged in the Supreme

Court. Mr. Shahid Orakzai moved the ―petition in the Supreme Court of Pakistan and pleaded the Court to put the province back to the democratic path without any delay to prevent vested interested from exploiting the situation.‖253 In the petition it was declared

250Ibid., March 01, 2009. 251Ibid., March 01, 2009. 252Ibid., March 01, 2009. 253 Ibid.

114 that the ―proclamation of emergency ultra-violation of the constitution,‖254 and should be declared frivolous. Mr. Orakzai said that the imposition of Governor Rule is a ―sheer distortion‖ of the constitution and has hurt the federal structure of the country.‖255

The strong protest of Pakistan Muslim League (N) continued and on 28th February seven hunger strike camps were set up. ―Hamza Shahbaz, son of Shahbaz Sharif and leader of Pakistan Muslim League (N) addressed many hunger strike camps.‖256 He declared that the Governor Rule is illegal and immoral and it is only in the Governor house while the rule of Nawaz Sharif is extended to the entire country.257 On the other hand efforts started for talks between Pakistan Muslim League (N) and Pakistan People‘s

Party over that political chaos. Head of Jamiat Ulema-I-Ialam Maulana Fazalur Rehaman and chief of Awami National Party Asfund Yar Wali Khan started their efforts to convince President Zardari to resolve the differences through talks with Pakistan Muslim

League (N). The vice president of PMLQ Khurshid Mahmood Kasuri asked both parties to cool down the political temperature. He also advised both of the parties to respect each other mandate. Speaking to newsmen on 1st March 2009, he said that the confrontation is the last thing that the country is needed at this stage. He said ―the Pakistan People‘s Party led government should respect the Pakistan Muslim League (N) mandate in the Punjab and withdraw the Governor Rule forthwith to cool down the political temperatures.‖258

He also said that in the past political mandates have not been respected and the price is been paid by the country.

254 Ibid. 255 Ibid. 256Ibid 257 Ibid. 258 Ibid.

115

The political situation was extremely tense across the country. The lawyers‘ movement was on its boom and judicial crises were getting worse day by day. There were many other grave crises going on as a strong legacy of the dictatorial regime. The tribal areas particularly north and South Waziristan and situation in Malakand division particularly in Sawat was worse. The writ was of government was practically not there.

Balochistan, the largest province in area was in grave crises, particularly after the death of Nawab Akbar Bhughti in 2006, it has turned as a strong challenge to the federation of

Pakistan. In these challenges and crises the, the disqualification of the Sharif brothers was perceived as a political decision followed by the governor rule in the Punjab and it worked as an added fuel to the fire.

The leaders of the movement for the restoration of judiciary gave the call for the long march to Islamabad. The plan of long march was given between 12th of March 2009 to 16th of March 2009. It was declared by the lawyers that long march will leave from

Lahore on 12th of March and will reach to Islamabad on 16th of March. In the tense situation the federal government of Pakistan People‘s Party thought of sealing the federal capital to stop the long march. However they (federal government) was not ready to reinstate the deposed judges. ―The government has decided to use all its resources to scuttle the lawyers Long March, including the sealing of the capital Islamabad.‖259

Apparently the federal government was adopting all its possible actions to stop the possible long march, which could have been a grave threat to the federal government as the situation of law and order was already worse in the country.

259Ibid., March 03, 2009.

116

The political crises in the Punjab were all at worse, though at federal level the allied parties ―were trying to mediate between the warring parties.‖260 Meanwhile the

Punjab governor Salman Taseer after breaking his silence, six days later to the imposition of Governor Rule, said on 2ndMarch ―we are not in a hurry. There is no target of calling the assembly in two months. The government is working smoothly. The Assembly is also there. Only I have assumed powers of chief Executive of the province due to disqualification of the Chief Minister. When I see that a party has a clear majority, I will convene the house‖.261 The Governor said this in the press conference and started a fresh salvo against the Sharif brothers particularly Shahbaz Sharif. As it is mentioned that political parties were trying for mediation between the Pakistan Muslim League (N) and the federal government led by Pakistan People‘s Party. But in Lahore, the situation was entirely different. ―Mr. Taseer was hell bent on talking his anti-Sharif refrain to a new level.‖262 Salman Taseer said in the similar press conference on 2nd March that ―the former Chief Minister has ―misgoverned the province and has misused public funds for his personal publicity and for pushing ahead his party‘s political agenda.‖263 Mr. Salman

Taseer also put several other allegations on Shahbaz Sharif and his rule and said that 80 million rupees have been spent on publicity and seven public buildings were used for camp offices and personal residence. He also added that six billion rupees from Punjab food subsidy program (PFSP) have been used for winning the support of PMLQ legislatures. And then he further said that he has found many irregularities and blunders in the ―susti rooti project‖ including the supply of atta (Flour) to the tandoors (Oven).

260 Ibid. 261 Ibid. 262 Ibid. 263 Ibid.

117

Mr. Tseer further put on strong allegations and said that ―the state of governance in the province is appalling. The government failed to undertake the development works, meet tax revenue targets and launch any mega project in power, education, irrigation, communication and other sectors.‖264 It was observed that the Pakistan People‘s Party was not ready to provide a space to Pakistan Muslim League (N) to rule in the Punjab.

And Governor Salman Taseer was on way to make all kind of efforts to bring Pakistan

People‘s Party in power of the province.

On the other hand Pakistan Muslim League (N) leadership was also having meetings with other political parties to seek their support in that existing situation. ―In a bid to seek support of various parties for the Pakistan Muslim League (N) fight against

President Asif Zardari, former Prime Minister Nawaz Sharif visited Jamaat-i-Islami headquarters here besides making a telephonic contact with Sindh National Front leader

Mumtaz Bhutto.‖265 In the existing scenario the federal government was also planning to adopt strict measures to deal with the protestors. That planning of government was widely discussed in the newspapers, particularly in the first week of March 2009. So the

Punjab government decided to take ―…stern action against all those elements who will take law into their hands during protest rallies and such elements will be booked under the Anti-Terrorism Act (ATA).‖266 It was a tense atmosphere and the situation was escalating day by day, primarily due to three reasons:

1. The aggressive/assertive way of dealing of Chief Minister and Governor Salman

Taseer.

264 Ibid. 265 Ibid. 266 Ibid.

118

2. The politics of Sharif brothers, both of the brothers were trying to seek

maximum support from the political parties; they were also in contact with the

lawyer‘s leadership and were on the way to a strong protest politics after their

disqualification from the courts.

3. The 3rd reason was the lawyers‘ movement for the restoration of judiciary, as

they set their plan of the long march to Islamabad.

On 4th March 2008, a deadly attack was happened on the Sri Lankan cricket team in Lahore. Liberty market as the bus carrying the team was on its way to the stadium.

Though the cricket team was survived but seven people including six securities personal and a driver of another vehicle in convey was killed in the incident. It is said that the target of the terrorists was to kidnap the entire cricket team but the bus narrowly escaped and the driver was able to take the bus into the stadium. The ―the Sri Lankans‘ cricket team flew out of Pakistan on a specially chartered Airbus 320, cutting short their tour after a deadly attack on Tuesday, Pakistan‘s coach said‖.267 The incident left deep impact not only on Pakistani cricket but also it revealed the security issues and the mismanagement of the executive authority in Punjab. The opposition particularly the

Pakistan Muslim League (N) and their supporters criticized the Governor Rule and declared that it was a total failure of security and the chief executive is busy in tactics like horse-trading and to win the support of Provincial Assembly members against N League.

Though the tension was on top slot between Pakistan Muslim League (N) and the

Pakistan People‘s Party but some of statements were also observed which were favoring

267 Ibid.

119 the policy of reconciliation and the passage defined in the Charter of Democracy. On

March 4, 2009, Mr. Shahbaz Sharif said that the political crises in the country are due to the lack of sincerity in implementing the Charter of Democracy. On his Model Town residence talking to the newsmen he said that ―with sincerity, President Asif Ali Zardari could have resolved the issue of reinstatement of deposed Chief Justice Iftikhar

Muhammad Choudhary in a number of ways by implementing the Charter of

Democracy.‖268 Shahbaz Sharif also talked about the …―appointment of superior courts judges by the government and said that the Charter of democracy provides a very practical and clear way for the appointment of the superior courts judges but Mr. Zardari is not serious about it.‖269 In the same talk he also expressed his concerns about the ongoing security and talked about the National Interest. ―Reconciliation …is the only way forward. Both sides will have to demonstrate seriousness. If anyone tries to stall, we are doomed.‖270

The Long March

It was a kind of political turmoil with all sorts of developments including dialogue, negotiations and street power, going on after the Governor Rule in the Punjab.

The lawyers‘ movement was on its peak simultaneously. The stage was getting ready for the long march. The federal government was on its way to deal the protesters with hard hands. Mr Babar Awan said in the National Assembly, ―We will never blackmail in history nor we be blackmailed in the future.‖271 He also criticized the upcoming long march as a wrong march and said that the solution of all kind of problems is in the

268Ibid., March 05, 2009. 269 Ibid. 270 Ibid. 271Ibid., March 07, 2009.

120

Parliament. While Pakistan Muslim League (N) was setting a single point so far as reconciliation in that political situation was concerned. Mian Nawaz sharif was urging people to take part in the lawyers‘ long march, as he was addressing a huge rally in

Faisalabad. He said to the people ―to sit-in in large numbers to pull the country out of the crises.‖272 Both Sharif brothers addressed the rally and said that the political parties and the people of Pakistan will not let the constitution and institutions as hostage in the hands of one man (president Zardari). They declared that it is President Asif Ali Zardari who

―...had got the top Pakistan Muslim League (N) leadership declared disqualified from the

Supreme Court and later imposed the Governor Rule in the Punjab. But the people had rejected the disqualification verdict.‖273 In the tense scenario by March 2009, where lawyers and opposition parties were on the way to long march, federal government was firm to control the wave by hard hands. By March 12 2009, that ―arrest of dozens of lawyers and opposition members, scuffles with police, and media frenzy marked the start of lawyers-led Long March from Karachi.‖274 About this long march all the opposite elements of the government were already taking it as a decisive battle against the federal government of Pakistan People‘s Party. The government was taking strict actions against all those who were part of the movement of the restoration of judiciary or were supporters. Arrests of many activists were making the political scenario harder for the government to deal with. ―The country wide crackdown on lawyers and leaders and activists of opposition parties continued on Friday, with over 200 people detained across

Punjab and 160 in the NWFP‖.275 It was observed that section 144 was already imposed

272Ibid., March 08, 2009. 273 Ibid. 274Ibid., March 12, 2009. 275Ibid., March 14, 2009.

121 in most of the cities and towns of Sindh, NWFP and Punjab. The number of arrests was touching thousands across the country. By March 13, 2009, the Punjab Sindh border was sealed by the police and also closed many bridges of rivers including Sutlej bridge near

Bhawalpur, Chenab bridge which link Multan and Muzaffargarh and also Ghazi

Ghatbridge of ―Indus near Dera Ghazi Khan to stop the lawyers, political workers and activists to come to Lahore or Islamabad.‖276

The stance of government to deal with iron hands to the protesters and the leadership of the restorations of democracy was taken a shift on late night 13th of March

2009 after a meeting held in the presidency. President Asif Ali Zardari presided the meeting and it was decided to start the negotiations with the political forces over the

Charter of Democracy and for the restoration of normal conditions. ―The meeting expressed the hope that the offer will be responded positively by the political forces in the country.‖277 It was told to the press by the spokesperson of the president Farhatullah

Babar in a press release. ―the meeting had decided to continue efforts to defuse the political tension through dialogue, reconciliation and in accordance with the democratic principles and commitments in the charter.‖278 It is believed that the central government was aware of the intensity of the situation and the pressure of the political forces especially by Pakistan Muslim League (N) and the lawyers for the restoration of judiciary.

The back channel efforts were also going on with the involvement of international actors in that tense and uncertain situation to normalize the political atmosphere. There

276 Ibid. 277 Ibid. 278 Ibid.

122 was a strong message of extreme concern from the security establishment and also a mediation from a top level US official and the presidency was compelled to take some of the initiative over the situation. The pressure ―…compelled President Asif Ali Zardari to extend an olive branch to Nawaz Sharif by agreeing to file a review petition in the

Supreme Court against the election ban on the Sharif brothers.‖279 At the same time a tense situation was prevailing in the Punjab, the Punjab government under the Governor

Rule was taking all kind of measures to stop the expected Long March. The actions such as to detain lawyers, workers and leaders of various opposition political parties along with blocking the roads and highways in the whole province.

“Inter-city transport came to halt as the administration stopped the buses

from operating till further orders, causing inconvenience to thousands of

people. Truck drivers also suspended their operation, effecting business

and trade.”280

Next day on 15th of March 2009, the leader of ―Pakistan Muslim League (N) and former Prime Minister leads a massive march towards Islamabad ―defying what he termed illegal detention orders.‖281 It was observed that police did not try to stop the former Prime Minister, when his supporters broke the cordons around his residence in

Model Town Lahore to set out for GPO, which was the point to start the long march towards Islamabad. Before starting the long march he made a speech to his supporters at his residence and said that we will not accept illegal orders and we will continue our

279Ibid., March 15, 2009. 280 Ibid. 281Ibid., March 16, 2009.

123 struggle for the restoration of judiciary at its pre emergency position.282 In his speech he said that we will not be scared away and he called upon the people to come out and participate in the long march. The procession in the beginning was couple of hundreds but as soon Mr. Sharif came out of his residence hundreds and hundreds of people joined him who were waiting in nearby streets and parks. ―By the time it reached the GPO

Chowk, the procession had grown significantly large.‖283 From model town to GPO

Chowk and the northern part of the city of Lahore there were thousands of people waving hands to the former Prime Minister and the procession was making its size large and large. It was also observed that the police did not try to implement the detention orders as it was announced by some of the federal ministers a day earlier.

In these political crises, according to various media reports and newspapers, the

United States remained in full contact with Islamabad. ―The United States remained heavily involved in resolving the current political crises in Pakistan, maintaining regular contacts with main players even after the protesters started their long march to Islamabad on Sunday.‖284 During all these crises, which were intensified ―by the imposition of

Governor Rule in the Punjab, the United States remained in full contact and established a

―multi-layer contact with Islamabad.‖285

―The long march of lawyers led by the former Prime Minister Nawaz Sharif turned into a massive procession‖286… when it crossed the limits of Lahore, (north of

Lahore, the Ravi Bridge). It was a hard time for the executive circles in Islamabad, as the

282Rozenama Jang, Lahore, March 16, 2009. 283The Daily Dawn, Karachi, March 16, 2009. 284 Ibid. 285 Ibid 286https://www.aljazeera.com/focus/2009/03/20093128321230446.html, Pakistan‘s Long March to Stability.

124 size of marchers was growing large and large. The situation of law and order was already worse and huge threat of terrorism existed all around. The military high command was also alert and was concerned to settle the issue before it gets beyond control. Some of high placed sources said, according to various newspapers, ―the Chief of Army Staff met both the Prime Minister and the President on Sunday night (15th March 2009) and asked them to reverse some of the controversial decisions including the restoration of the deposed judges and the Chief Justice Iftikhar Muhammad Chaudhary.‖287 Activities in the federal capital were alert and high as the size of the long march was becoming more and more large. ―The sources said it was after his not so veiled warning that the two top civilian leaders agreed to roll back some of the controversial decisions of the previous and the present government.‖288 After the meeting of the Army Chief the Prime Minister and the President met and discussed the modalities of making the announcement. By this time the news started coming the Prime Minister will address the nation by 2 o clock midnight and the major announcement will be made. ―On Monday 16th March, early morning the announcement was made by the Prime Minister Yousuf Raza Gilani of the restoration of the deposed judges including the Chief Justice of Pakistan.‖289

The two years long lawyer‘s movement ended successfully. The long march, which has reached to Gujranwala, was stopped there and waited for the announcement of the Prime Minister. After the announcement and declaration of the of restoration of judiciary, the former Prime Minister Mian Nawaz Sharif made a speech to the

287The Daily Dawn Karachi, March 17, 2009. 288 Ibid. 289 Ibid.

125 participants of the long march in Gujranwala and thus the long march ended there after achieving its prime objective of the restoration of judiciary.

It is also observed that the President Asif Ali Zardari also respected the decision of the masses. And it was also one of the headlines of the newspaper the very next day. In a press conference the former senior minister of the Punjab Raja Riaz, appreciated the

President Zardari for taking a bold step for democracy. He said the democracy was in danger and the President showed flexibility and saved the system. He ―demonstrated that a civilian always acted better than a dictator in the time of crises.‖290Ultimately the judiciary was restored and the movement was ended on a point of success. It was jubilations across the country. And every section of society appreciated and celebrated the success. It was a success of civilians.

Conclusion

The five years under discussion were not in any sense ideal for the working of federal structure though this era could be rated better period in the history of Pakistan.

Even this period can be divided into two phases. The Charter of democracy enabled the two main parties to learn from the past mistakes and to work together not only to improve the socio-economic condition of the state and society but also to avoid antidemocratic forces to divide them and create atmosphere to derail democracy. In March 2008 coalition governments were formed in the centre and in the province of the Punjab which was unusual phenomenon because it resulted in the best working of federal structure in the history of Pakistan. Thus this honeymoon period soon started declined after the

290Ibid., March 17, 2009.

126 appointment of the new governor of the Punjab Salman Taseer who was a controversial political figure. It was considered unadvisable to appoint Salman Taseer as governor in an atmosphere of beautiful working of coalition governments under a refined and mature federal system. The trust deficit between the federal government and the government of the Punjab was further increased due to the political activities of the Governor of the

Punjab and Manzoor Watto (the head of PPP in the Punjab province). The Governor refused to take oath of Khalid Mahmood Qureshi who was appointed as provincial ombudsman by the government of the Punjab. Consequently, the relations between the federal government and the provincial government were getting bitter with every passing day. It was alleged by PMLN that Salman Taseer was working to bring PPP in power in the Punjab. At top of it, ―the Supreme Court of Pakistan disqualified the Sharif brothers from holding any public office and contesting the elections on 25th of February 2009.‖

Resultantly, Shahbaz Sharif lost the office of Chief Minister of the Punjab and PPP was pleased to introduce the Governor rule in Punjab. This step of the federal government took both of the larger parties at a maximum distance. Though Lawyers movement was going on but it was hoped that PPP government would restore the judiciary immediately after coming into power. Therefore, PMLN had no other option but to join the Lawyers movement. With full strength, PMLN and other parties restarted the Lawyers movement in shape of Long March, which forced the federal government to restore Judiciary.

Federal Government issued an executive order on 18 March 2009and restored the judiciary at the position of November 2007. This historic decision for restoration of judiciary opened the door for Mian Shahbaz Sharif to regain power in the Punjab. But bad blood between the Centre and the Punjab was created by too ambitious pursuits of

127

PPP government in the federation to uproot the PMLN from Punjab which had a very stronghold in the province of the Punjab. In the next chapters it will be highlighted that

Centre-Punjab relations always remained uncertain if not unfriendly because of undue interference of the federation in the provincial matters.

128

Chapter 4:

Centre-Punjab Relations from 2009 to 2013: An Overview

As discussed earlier, though relations between the PPP (Government in the center)PMLN (Government in the Punjab) never remained ideal during the period from

2008-2013 because of political adventurism displayed by the federal government against the government of the Punjab, however subsequently both PPP and PMLN showed more reasonable attitude towards‟ each other and thus Centre-Punjab relations remained much better than before and thus federalism during the study under discussion worked smoothly and resulted in strengthening the federal structure. It helped them to bring a constitutional amendment, namely, 18th Constitutional Amendment, in 2010 which further strengthened the federal structure of Pakistan as it transferred concurrent list to the provinces and restored parliamentary democracy as envisioned in the 1973 Constitution.

However, despite these some positive steps overall relations between the two major parties did not remain as cordial as one was expecting after such great achievements like that one of 18th Amendment. Therefore, it is of immense importance to understand the nature and character of Centre-Punjab relations from 2009 to 2013. The study will investigate what factors led them to pass the 18th amendment and why both the parties failed to benefit, to great level, from the fruits of the amendment and what were the causes and effects of the uneasiness between the federal government and the government of the Punjab.

129

Introduction

The period from 2009 to 2013 can be described as a period in the history of

Pakistan that to a great extent has strengthened the federal structure in the country.

Though the political differences remained on peak as traditionally the PPP and PMLN had remained the political arch rival since 1988, though since 2006 they tried to change their underhand tactics to derail democracy and destabilize the opponent government.

The spirit gained in the CoD remained intact and leaders in both of the parties

PPP (at centre) and PMLN (at Punjab) remained committed to that accord. The process which both of the parties followed the process of democracy and the commitment which was observed was to regain the real spirit of the constitution of 1973. For this said purpose a mechanism through the parliamentary committees was followed, the leading figures in these committees were the Raza Rabbani, Ishaq Dar, and Farhat Ullah Babar.

They played the most important role in bringing back the constitution in its real form.

And repealed the 17th amendment made by the military dictator. The cooperation and coordination of the federal government and the province of the Punjab (since the ruling party in the Punjab was the opposition party at federal government) remained excellent.

After a long struggle ultimately the judiciary was restored, yet the tension between the two leading parties was not over. It turned extreme bitter in terms of relationship, particularly after the imposition of Governor Rule in the Punjab. This chapter focuses upon the hard realities and tense atmosphere that existed throughout rest of the tenure of the federal government and the government of the Punjab.

130

As the issue of the judiciary was solved but one can see that the political turmoil was still on the boiling point. The Governor Rule after just eroding the democratically elected government was an absolute source of tension. However the Prime Minister was giving some of the moderate statements about the ending of the Governor Rule. On 17th of March 2009 soon after the issue of judiciary was resolved the Prime Minister said ―I am against the Governor Rule (in Punjab) and it is government‘s top priority to end it as soon as possible.‖291 Prime Minister Yousuf Raza Gilani also said that PPP wish to work with all the political forces and wish to continue with the concept of reconciliation and added ―…that the government was committed to implement the in letter and spirit the

Charter of Democracy signed by PPP leader Benazir Bhutto and the PMLN chief Nawaz

Sharif.‖292

There was a dialogue going on the formation of government between PPP and the

PMLQ in the Punjab. However something productive was yet to come. Neelofer

Bukhtiar, the vice president of PMLQ said the that ―there was a perception that the

PMLQ had reached an understanding with the PPP on forming government in Punjab, while the fact was that the party was in contact with all political forces but had not decided to with any party yet.‖293 That was not a very hopeful situation for the Pakistan

People‘s Party, as far as their expectations for the framing of government in the Punjab is concerned. On the other hand top PPP leaders started asking to their leadership to remove the mess in the Punjab in terms of Governor Rule. It was suggested in a high level meeting held in Islamabad on 19th of March 2009. It was presided by the President Asif

291The Daily Dawn, Lahore, March 17, 2009. 292Ibid., March 18, 2009. 293Ibid., March 18, 2009.

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Ali Zardari and Prime Minister Yousaf Raza Gilani along with the key figures of the party attended it. The meeting was held in the presidency and ―suggested to the President

Asif Ali Zardari to lift the governor rule in Punjab within a few days and summon the session of the provincial Assembly for election of the leader of the house‖.294

The overall political scenario was that the PMLN was going to file a review petition against the disqualification of the Sharif brothers. More to it PMLN as told by its leaders of having all the options open as far as dialogue with other parties were concerned. Shahbaz Sharif said to the press that ―his party is ready to enter in an alliance with the PPP in Punjab provided the Charter of Democracy (CoD) is implemented sincerely.‖295 So a petition was filed against the Court‘s decision of 25th March 2009. The judiciary, which was working with new spirit after the restoration of the deposed judges, formed a five member bench of the court headed by Justice Tassaduq Hussain Jilani. The bench over this petition gave the decision on 31 of March 2009 and ―…restored the Mian

Shahbaz Sharif as chief minister of the Punjab with immediate effect.‖296 It was a huge victory of PMLN and a relief which they obtained from judiciary. ―The stay order was granted to Mian Shahbaz Sharif on a writ filed through Khawaja Haris till the disposal of main petition. The bench also announced that the operation of judgment shall be suspended and the petitioner shall resume the office of Chief Minister of Punjab with immediate effect.‖297 In the decision the court directed that till the final disposal of the main petition and decision of 25.02.2009 ―shall remain suspended and the petitioner shall

294The Daily News, Lahore, March 20, 2009. 295Ibid., March 20, 2009. 296The Daily Nation, Lahore, April 01, 2009. 297Ibid., April 01, 2009.

132 resume the office of the Chief Minister with Immediate Effect,‖298 the court said in the order.

It was time of joy for the PMLN and their supporters and also the decision was a step towards the stability of the federation of the country. The party in power at federation (PPP) adopted the policy of wait and see, ―…asking the party ministers not to sit in their offices till a final decision to quit or to be part of the present setup in

Punjab.‖299As the Chief Minister got its seat back, he also brought back his administration, and Punjab bureaucracy and police got the old bosses back to their posts.

―The Punjab government on Thursday re-inducted nearly 40 main stream administrative and police officials which were removed during the governor rule.‖300 The major changes were, Lahore commissioner Khusro Pervaiz Khan, CCPO Pervaiz Rathore, DCO

Sajjad Bhutta and also the RPO, regional police officer of Gujranwala Mr. Zulfiqar

Cheema. It was also followed by the withdrawn …―of the transfer orders of the nearly eighty junior officers of DDO rank, the transfer orders were made during the days of

Governor Rule.‖301

During this tenure of five years the relations of both parties remained bitter except the beginning of tenure in 2008 as PMLN was part of federal cabinet. However one can see that to some extent charter of democracy had existed. The clear example of this was the days of long March when Mian Nawaz Sharif stopped the Long March at Gujranwala and came back after the announcement of the restoration of judiciary by the Prime

Minister. One can also see that there was a working relationship to a certain level

298Ibid., April 01, 2009. 299Ibid., April 01, 2009. 300The Daily Dawn, Lahore, April 03, 2009. 301Ibid., April 03, 2009.

133 between the federal government and the government of the Punjab. One of such example was the war against terror, both of the parties in power at federal level and Punjab level agreed for a joint stance. Sources quoted in various newspapers wrote that Punjab government and the federal government is ready to take a joint stance over this war. ―A decision to this effect was taken during a meeting between Prime Minister Yousaf Raza

Gilani and PMLN President Shahbaz Sharif during a recent meeting, say the sources privy to the development.‖302

On the other hand, on April 1st 2009, CM Shahbaz Sharif met the Prime Minister

Yousaf Raza Gilani after the restoration of their government. In the meeting there was a discussion about the implementation of the roadmap of charter of democracy. ―And

Shahbaz Sharif was assured by the Prime Minister that the government is sincere for the implementation of the Charter of Democracy.‖303 A few days later the President Asif Ali

Zardari wrote a letter to the Prime Minister Youaf Raza Galani for the implementation of the Charter of Democracy. ―In the letter, the President described the CoD as the goal of our political endeavor and a beacon of light towards which we should seek to move.‖304

The very next day on 10th of April 2009, there was for the first a sound move towards the implementation of the Charter of Democracy (CoD). It was a move for the empowerment of the parliament. In the National Assembly the government authorized the speaker to form a committee ―tasked to propose constitutional and legal amendments to undo the wrongs of the dictatorship by implementing a widely accepted a Charter of Democracy

302Ibid., April 05, 2009. 303Ibid., April 02, 2009. 304Ibid., April 10, 2009.

134

(CoD).305 In the beginning it was aimed to remove distrust and erase past one year dealings of distrust. Prime Minister Yousaf Raza Galani assured the parliament that they believe to make the parliament sovereign and for that matter they will restore the constitution on its original position. It is considered the first concrete move by the federal government towards implementation of the Charter of Democracy and also a trust building measure with the party ruling in the Punjab, PMLN.

The move was immediately welcomed by all the parties in the lower house of the parliament, however the largest party of opposition PMLN showed regret about the one year delay in making the recommendations and the process of the implementation of the charter of democracy signed by the leaders of the both parties. In this regard President

Asif Ali Zardari first gave it as a proposal in his first address to the joint session of the parliament in September 2008 and again in his 2nd address on 28th March 2009.306 ―The

President reiterated his call in a letter to the Prime Minister on Thursday when the

National Assembly began its 2nd parliamentary year asking the government to ―urgently take appropriate steps to fulfill his promise.‖307 Through this motion of the government the speaker constituted an all parties special committee for preparing the framework of the CoD. It was aimed to carry out all the required steps including the constitutional amendment or some other laws on its way of implementation.

Meanwhile on 12th of April 2009, again PMLN was invited to join the Federal

Cabinet. This invitation was given to the Chief Minister and the President of PMLN in a meeting between Chief Minister and the Prime Minister. Prime Minister Gilani invited

305 Ibid. 306Ibid. 307Ibid.

135 the PMLN to rejoin the Federal Cabinet as according to him it was for the larger interest of the country. The Prime Minister showed his interest that it is very important for both of the parties and the country that the leading parties should work together for putting the country into the right direction. It was observed that PMLN was not ready to sit once again with the Federal party in power as they believed that PPP led government was not having any clear vision to deliver anything. This issue was discussed at Raiwind under the leadership of Mian Nawaz Sharif and the main figures of the party opposed to sit in the federal cabinet. One of PMLN main leader told to the newsmen and requested not to be named, ―we, the government in the making, do not want to sit with the PPP government only to share its liabilities.‖308 It is observed that everything was not smooth between the two leading parties in power after the political upheavals of February and

March 2009, which includes the restoration of judiciary and the Governor Rule in the

Punjab by the federal government.

Ever since after the refusal of PMLN to re-sit in the central cabinet, there was a question mark about the coalition government in the Punjab. The relations of both of the parties were badly damaged over the issue of the restoration of judiciary and the implementation of Governor Rule in the Punjab. On 16th of April 2009, central information secretary of Pakistan People‘s Party Fauzia Wahab addressed in a press conference at Lahore and said that ―her party had already made it clear that it would reciprocate to PMLN‘s decision.‖309 She explained that PPP respect the decision made by

PMLN of not joining the central cabinet and in response its ministers from the Punjab cabinet will resign on the return of President Zardari from Japan visit. She also spoke

308Ibid., April 13, 2009. 309Ibid., April 17, 2009.

136 about the existing political situation and said ―it would have no adverse impact on the resolve of two major parties to implement the Charter of Democracy and doing away with the 17th amendment.‖310She also expressed her hope that both of parties in opposition at federal level and Punjab level play a constructive role for democracy and country. On the other hand the policy of the party in power in Punjab PMLN was also thinking on similar grounds, to extend cooperation and support to the federal government to a level of working relationship. It is a point to remember that it was a time when the federal government had started the process of constitutional amendment. The process in which all the parliamentarian wanted to bring the constitution in its original form, and the true spirit of parliamentary system of democracy. The 17th amendment was essentially made for the military dictator General Pervaiz Musharraf. It was only aimed to give maximum powers to the president as it was done previously in the time General Zia ulHaq. The 17th amendment not only restored the articles of 8th amendment (General

Zia‘s famous 58-2/b) but also added many objectionable clauses into it. For example no one can hold the office of the Prime Minister or the Chief Minister for the 3rd time. This clause was put into constitution to prohibit the leadership of main political parties particularly PPP and PMLN.

It was the political environment in the first quarter of 2009 on the eve of constitutional amendment. Even though the relations of PPP and PMLN had not remained stable in the last one year but still PMLN was ready for reconciliation. It was going to be a relationship of give and take. To extend support to the federal government of not destabilizing it and to take benefit of the constitutional amendment. It was

310Ibid.

137 expected that through the constitutional amendment, it will remove the ban of 3rd time premiership and a similar take on the seat of respective Chief Ministers. Apart from the fact that tension was not gone down between the both of the parties and the days of

Governor Rule and Long March were still very fresh in minds. Mian Muhammad Nawas

Sharif visited Jahangir Badar,s residence to congratulate him for the wedding of his son.

He talked to media over there and said that ―they would support the PPP government in the centre as the country could not afford any sort of political confrontation.‖311 He further explained that reconciliation was in the best of the interest of the country and all the political powers must play their role for a smooth working relationship. He added,

―That it was not a time that the political forces should try to degrade each other rather the country needs reconciliation and the PMLN is ready for it.‖312

Here it is important to quote an interview of PMLN leader Mian Muhammad

Nawaz Sharif which he gave to ‗USA Today‘ on 21st of April 2009, and expressed his concern over the Taliban march and alarmed over the new development and the peace deal. He expressed his strong concern over the peace deal and said, ―The militants are trying to impose their harsh version of Shariya.‖313 He also said in the interview that the hard liner Talibans are trying and ―threatening to get out of Swat and take other areas into their custody.‖314 In the same interview with the USA Today Mr. Sharif ruled out any possibility and fear about the nuclear weapons. One can find that this talk of Mr. Sharif is an example that he was supporting the government in case of any threat to integrity of the country and the facing internal threats also. But still international pressure was there over

311International The News, April 20, 2009. 312 Ibid. 313Ibid., April 22, 2009. 314Ibid.,

138 the issue of Taliban and extremist groups. Hillary Clinton, the US secretary of state said on 22 of April 2009 that ‗the nuclear armed nation posed mortal threat to world security‘.315 She was asked my US lawmakers on foreign affairs committee about signing the pact with Taliban by the government of Pakistan. She said, ―I think Pakistan government is basically abdicating to the Taliban and the extremist‖.316 It was not an easy thing to deal with as local and international pressure was pressing the country. So it is observed that the opposition was not weakening the federal government to that point of derailing it. Thus, how we can observe and make an analysis of the Centre Punjab relations. There are many other examples that the federal government and the Punjab government was at same line on the vital issues. In April 2009, after the singing of the pact of with Sufi Muhammad, Pakistan was facing pressure from the international community along with there was very strong concerns from the country inside. It is important here to quote two developments on 24th of April 2009, one was a meeting of

Prime Minister, Chief of the Army Staff, Asfund Yaar Wali to the President, they discussed the issue of Swat and said that parallel authority will not be allowed.317

Similarly on the same day a press conference was organized by both of the Sharif brothers. Mian Nawaz Sharif said in the press conference that the Prime Minister has assured him of convening a conference on the vital national issues for formulating a proper policy, including extremism, situation in Balochistan, Swat and FATA and all kinds of militancy. In the press conference he said that the conference will not only be a conference of politicians but stakeholders from other walks of life like media, civil

315Ibid., April 23, 2009. 316 Ibid. 317The Daily Nation, Lahore, April 24, 2009.

139 society, Baloch and tribal leaders will also participate in conference. ―Their input will be mandatory for the solution of issues facing across Pakistan.‖318

The pact of government of Pakistan and Tehreek-i- Nifaaz-e- Shareet –e-

Muhammadi could not work as TNSM was followed by Talibans and they were opposed not only by all the sections of moderates but also all political parties were not happy with this development. They negated government authority and were aggressive about their agendas. The agreement of Tehreek-i- Nifaaz-e- Shareet –e- Muhammadi and government of Pakistan was not only criticized inside the country but one finds mounting international pressure. Here it is important to elaborate that these Taliban and extremist issue on the other hand was brining unity among the main political parties. The Chief

Minister of the Punjab, who was on hard lines with the federal government (at least on the statements), was also stressing unity against extremists and the terrorists. According to the Chief Minister of the Punjab the country was passing through a ―critical phase and the nation would have to unite for the solidarity and security‖.319 He said this after visiting the Rangers Headquarters in Lahore. He explained that the responsibilities of all the law enforcement agencies in current scenario have increased and we must put our best efforts for the stability and solidarity for the country. Talking about government he said

―that maintaining law and order and protection of life and property of the citizen is the top priority of the government for which all the sources are being utilized‖.320

Followed by the pact of government of Pakistan and Tehreek-i- Nifaaz-e- Shareet

–e- Muhammadi, the international community particularly the US government was very

318Ibid., April 25, 2009. 319International The News, April 28, 2009. 320 Ibid.

140 concerned about this. One can see grave concerns and strong statements from the US government were given about Pakistan. On 30th April 2009 US president Barack Obama marking his prime time press/news talk after completing his 100 days in office, said ―that he was gravely concerned about the stability of Pakistani government but that he was confident about Pakistan nuclear arsenal would not fall into the hands of militants‖.321These were strong statement from the US President and he further said,

―primarily, initially, because the Pakistani army, I think recognizes the hazards of these weapons falling into the wrong hands‖.322 Previously few days ago US secretary of state,

Hillary Clinton gave a very strong statement about Pakistan (quoted above), saying that

Pakistan is a threat to world peace.323 By this point of time Pakistan was suffering internally and externally from a tense and difficult situation. The federal government was under this pressure, it was also a coalition government. The months of February and

March 2009 were very tense between the two major ruling parties, PPP and PMLN, the ruling ones at federal and Punjab level. The tension is discussed previously between the two parties, including the disqualification of Sharif brothers and governor rule in the

Punjab. Apart from these ups and downs both the parties in power at Centre and the

Punjab were gradually developing the compromised working relationship. Hard statements can also be seen during these years from both of the sides.

The federal government was showing its willingness to the government of the

Punjab and its leadership for sharing the responsibility both at federal and Punjab level. It was stated by the Prime Minister himself after a meeting with the Chief Minister of the

321The Daily Nation, Lahore, May 01, 2009. 322Ibid., 323 The aggressive statements were to some extent very frequent as Hillary Clinton again said on 1st May 2009, and talked about the tense sessions, as the presidents of both Pakistan and Afghanistan were going to the US to participate in the three nation talks.

141

Punjab on 2nd May 2009. The Prime Minister said ‗that in the greater national interest and in pursuance of the national reconciliation policy, the Pakistan peoples‘ party has decided to remain part of the coalition government in the Punjab.‘324The Prime Minister also focused upon the Charter of Democracy and said that ‗the decision to remain part of the

Punjab cabinet had been taken in accordance with the Charter of Democracy with a view to focus on real issues confronting the nation, including extremism, militancy poverty, unemployment, inflation and energy shortage.‘325During the same meeting the Prime

Minister also discussed with Chief Minister of the Punjab that the grave challenges faced by the country must be dealt by all the political forces by joining hand and meet the ‗the internal and external threats.‘ The meeting was also attended by the opposition leader

Choudhary Nisar Ali Khan and issues relating to the harmonious relationship between the federal and Punjab government were discussed.

It was also observed that on the same day 2nd of May 2009, the federal minister for parliamentary affairs Babar Awan addressed to a press conference and talked about the issues and problems faced by the country. He told to the news men that the federal government will call the all parties conference very soon. He also urged all the political forces to join hands to shake off the negative propaganda of the western countries, which is being launched against Pakistan.326 Mr. Babar Awan also asked the PMLN to join hands in the federal cabinet and share the responsibility in this time of reconciliation.

―The PMLN should rejoin the government just to share responsibility, not to share

324The Daily Nation, Lahore, May 03, 2009. 325 Ibid. 326International The News, May 03, 2009.

142 power‖.327 The statements of various ministers including the Prime Minister were frequent that the federal ruling party will remain in coalition in the Punjab. On the other hand PMLN was not ready to rejoin the federal cabinet as a coalition partner again.

International Pressure Over the Issue of Extremism and its Impact in the Internal

Politics

There was a lot of international pressure on Pakistan by the end of April 2009 onwards, particularly after the signing of pact with Sufi Muhammad of Tehreek-i-

Nifaaz-e- Shareet –e- Muhammadi. The US leadership turned very aggressive against

Pakistan in their statements, (the reference of secretary of state and President Barack

Obama if quoted previously). The peace deal remained only for few days and the

Pakistani army had to start the operation against these militants. The militants were aggressive and were severely challenging the writ of the state. On 3rd of May 2009 the

US Defence Secretary Robert Gates after starting the operation said ―that Pakistani military forces have started to regain the initiative in its north western areas that recently fell under the taliban control‖.328Similarly the president of Pakistan Mr, Asif Ali Zardari was expected to visit Washington to participate in the three countries peace talks of

Afghanistan. There were reports in the various Pakistan and the US newspapers about the tough visit and more pressure on Pakistan over Taliban issue. A US diplomat on not showing his name told to newsmen ―that this is a very critical meeting between the

American leader and his Pakistani and Afghanistan allies and President Obama is most likely to ask for more concrete results in fight against terrorism in Pakistani soil and

327 The Daily Nation: May 03, 2009. 328Ibid., May 04, 2009.

143 prevent the Taliban for gaining more strength.329There was also a report published in the

New York Times about the concerns of the US regarding the nuclear arsenals in Pakistan.

―…the US officials are growing more anxious about the security of Pakistan‘s nuclear arsenals, as the Taliban make inroads deep into Pakistan itself‖.330

There were very strong concerns of all the US officials as President Zardari was going to meet on 6th May 2009 to President Obama along with Hamid Karzai in his visit to Washington. The Swat operation was started mainly due to aggressive statements and pressure of the US. It was expected that US is going to give a tough time to President

Zardari in his visit to Washington. There were also a strong US concern that Taliban can flee to Afghanistan from Swat. For that matter the US leadership was closely in touch with the Pakistani leadership including the main opposition leaders Mian Nawaz Sharif and Shahbaz Sharif. On 5th May 2009 R. Holbrooke said ‗the US maintains contacts with the opposition political parties in Pakistan, as it does in other countries, including Nawaz

Sharif and Shahbaz Sharif.‘331 In the US, Pakistan and Afghan summit, held on 6th of

May 2009, there was pressure on Pakistani democratic government over the issue of

Taliban, though President Obama said that our security is inter linked.332

Ever since Barack Obama had taken the office of the US President, he was considered as peace monger. For the peace he was ―…telling the government of Pakistan to stop making peace deals with the enemy and get on with the business of fighting and winning a war against Taliban- and winning a war against Taliban‖.333 It was the deep

329Ibid., May 05, 2009. 330 Ibid. 331Ibid., May 06, 2009. 332Ibid., May 06, 2009. 333Frida Ghitis, ―US message to Zadari, Stand and Fight‖, The Daily Nation, Lahore, May 14, 2009.

144 interest of the US to care about the war of Pakistan against Taliban, as one can see that during that point of time Taliban were trying hard for their influence and grip over the country and they were the same forces with whom US was fighting inside Afghanistan. It was a clear message of ‗fight‘. Also Pakistan was told to boost fighting for more money in the war against terrorism. Sen Carl Levin on hearing about the budget of 2010 said that

Pakistani leadership is told to ―fight against militant extremists in their territory is a prerequisite for success and effectiveness in our assistance to Pakistan in confronting the terrorists threat‖.334

The pressure on Pakistan was not only to fight against the militants but also it was a strong US concern that Pakistani nuclear weapons can go in the hands of militants. This was also a serious situation to deal with. Many statements of top level US officials can be traced in this regard. But certainly, on the other hand Pakistan was not ready in sharing any information about its nuclear weapons security with any other country. On 7th of May

2009, Pakistani foreign office declared that they will not share any details with any country regarding its nuclear program335. And that the strategic assets are safe and sound in the command and control of Pakistani security. ―The details of Pakistan‘s nuclear program were sacrosanct and could not be shared with any country‖.336 It was told by the spokesperson of Pakistan foreign office Abdul Basit in his weekly press briefing. The point is that the newly established democratic government in Pakistan was facing strong and deep international pressure over issues, like extremism/Taliban followed by the nuclear assets. The internal issues were even graver. To fight with extremism inside the

334Ibid., May 15, 2009. 335Feroz Hassan Khan, Nuclear Security in Pakistan: Separating Myth From Reality, Arms Control Association, https://www.armscontrol.org/print/3725 accessed on 28/5/2018 336Ibid., May 06, 2009.

145 country needed a lot of support and help from the political circles. So it was not possible for the PPP led government to open up with opposition any more. They already had done a thrill with the largest opposition party PMLN over their disqualification and the

Governor Rule in the Punjab. Now PPP was well aware about the consequences of the tussle with main opposition party. These factors were dragging PPP federal government to adopt a conciliatory policy with the opposition parties, particularly with the party in power in the Punjab. Some of the statements of the PPP party leaders also reflect their new approach towards the Punjab government. The leadership of PPP and the federal government was not only interested that PMLN should rejoin the federal cabinet but also they were ready to continue as coalition partners in the Punjab. It is also observed that

PPP was ready to work with the Punjab government at any formula of power sharing,337 so far as the number of ministers in the Punjab cabinet is concerned.

PMLN and Punjab Government’s Response about the Anti State Elements

The stance government of the Punjab was also clear about militancy by 2009 about the anti-statements elements, during the war in Swat. One of the senior member and political assistant to the Chief Minister of the Punjab Mr. Pervaiz Malik said on

15thof May 2009 that ―there is no difference of opinion between the democratic forces and the Pakistan army with regard to ending up the militancy for creating peace and tranquility in the country‖.338He also explained the government is committed not to make any compromise over the issues of national and state interest and ―…rule of law and basic rights of the people‖.339 He also talked about the issue of reconciliation and the

337Dawn, May 3,2009. 338Ibid., May 16, 2009. 339 Ibid.

146 stance of PMLN and said that it‘s the commitment of the party and government of the

Punjab to safeguard the national interest and a handful small number of people can make hostage to the entire nation. He further said that these people do not believe in the constitution, supremacy of law and the parliament, hence they do not have any respect in the hearts of the people of Pakistan.340

US Insurgency and the Nuclear Weapons of Pakistan

There were very alarming threats regarding US insurgency and the nuclear weapons of Pakistan. There was an interview of the US president published on 17th of

May 2009 in the Newsweek Magazine, in the interview he talked about the security of the nuclear weapons of Pakistan. He was asked that whether he would keep the option open that the US troops secure the nuclear weapons if the country became unstable.341The president replied to the question and said that ―as a commander in chief, I have to consider all options, but I think that Pakistan‘s sovereignty has to be respected‖.342

This is how one can see the pressure of super power over Pakistan in the issues of extremists and war against terrorism. The threats were grave so have to be considered by the top Pakistani leadership. Though the phase of strong opposition and worse relationship of both parties in power at the Centre and the Punjab was not very old. The first three months of 2009 had seen a kind of worse relationship between the PPP and

PMLN particularly in the days of Long March regarding restoration of judiciary and the

Governor Rule in the Punjab by the federal government. However again by the end April

340 Ibid. 341Ibid., May 18, 2009. 342Ibid., May 18, 2009.

147 both the parties at federal level and the Punjab were seen on the same page, particularly on the national issues and war against terrorism.

The All Parties Conference (APC) attended by 40 parties, held on 18 May 2009 and all the political forces agreed that the militants who have challenged the writ of the state must be eliminated. It was also a strong political support to the federal government to deal with the national and international threats. Other matters relating to the operation were also discussed in the APC, including the issue of displaced people of the Swat region. And parties agreed to support government in this cause of displaced people and the military operation. The issue of internally displaced people was grave and the federal government was trying to seek political support. In the APC a resolution was passed in favor of the military operation and there was consensus among the political parties that the writ of the state must be established. The resolution indicated that the state must establish the supremacy of law and strongly condemned all the ―violent challenges to the constitution and the state‖.343 It was a strong moral support to the federal government of

Pakistan over the issue of Taliban and ongoing military operation in Swat areas. ―The resolution expressed grief for the martyrdom of the security personnel and innocent civilians and maintained that the safety and security of civilians is paramount and it should be ensured that minimum harm is caused to the non-combatant civilian population.‖344 The all parties‘ conference strengthened the hands of federal government.

The political parties were briefed that as a last option and for the writ of the state the decision of military operation is used in Swat and FATA.

343Ibid., May 19, 2009. 344Ibid., May 19, 2009.

148

The 18th Amendment and the Parliamentary spirit of the Constitution

Attempts started to decentralize the political and executive system of the country from 2008. ―It was a way towards a successful and new federation.‖345 According to the constitution of 1973 of the country, the system of government was parliamentary, as it is always considered the best suitable system of rule for the people of Pakistan. However the spirit of the parliamentary system of constitution is distorted twice before the 18th amendment. Both of the times it was amended by the military dictators for keeping the maximum executive powers into their own hands. At first it was amended by General

Zia, who included the 8th amendment and gave special powers to the president to dissolve the assemblies. One must keep in mind that he himself was the president of the country.

These special powers of the president brought immense political instability in the years to come and four consecutive democratic governments were sent home by these special powers which the dictator introduced in the constitution.

In 1997, PMLN won the election by a convincing majority and single party was able to amend the constitution. Therefore soon after the formation of the government, the government prepared to amend the constitution. The 13th amendment was introduced in the constitution by the elected parliament of Pakistan and it trimmed the special powers of the president to dissolve the national assembly. This constitutional amendment was supported by the opposition parties and was unanimously passed. Thus the amendment removed the article 58(2) (b) and brought back the constitutional spirit of the parliamentary system of government.

345 Christophe Jaffrelot, Pakistan Paradox, Instability and Resilience, Translated, Cynthia Schoch, 2nd Edition (India: Randon House, 2015), 170.

149

Since the political history of Pakistan has witnessed the upheavals, ups and downs, therefore in October 1999, the democratic regime was ended up with a military take over. It was the start of a new era of military dictatorship with grabbing all the powers into the hands of the dictator. Again it was the same story as it was observed in the days of general Zia. In December 2003, the 17th amendment of the constitution was passed. This amendment brought many changes to the constitution. Most of these empowered the office of the president and a reversal of the 13th amendment.

The 17th amendment of the constitution reflects that again it was a dictatorial regime and the constitution was again amended for grabbing the powers into the hand of one personality, the personality of the dictator, who was in front of the nation as president of Pakistan. The constitution was again made semi presidential, instead parliamentary. It is observed that the 17th amendment was not only aimed to strengthened the seat of president by giving him unilateral powers to dissolve the assemblies but this amendment also put a ban to the 3rd time selection of the seat of Prime Minister and Chief Ministers.

Basically the prime objective of 3rd time ban was to keep aside the main leadership of the country, particularly Benazir Bhutto and Nawaz Sharif. This has remained the psychology of all the dictators in Pakistan who have occupied civilian structure since

1958.

The democracy was again restored in 2008 and the democratic forces think always opposite to what a dictator thinks. In this perspective and to remove the ambiguities of the constitution, which were created by general Musharraf, the PPP government was working on the draft of the constitutional amendment. The prime objective was to restore the 1973 constitution on its true spirit. The main opposition party

150

PMLN was in full support with the government to remove the unilateral powers of the

President. The expected changes in the constitution were given space in the world wide famous world press.

―The changes, which are expected to pass this month, represent a rare moment of consensus in Pakistan‘s fractious politics. Representatives from 14 political parties, led by a member of Mr. Zardari‘s party, spent 10 months preparing 102 amendments.‖346

The constitutional packages was expected to counter the sweeping powers by the

Presidency under General Pervaiz Musharraf, General Zia ulHaq and to ease the political instability in Pakistan.347This amendment was given a special coverage in the international press. The democratic government was appreciated for the effort and the refinement of the true spirit of the parliamentary system of democracy.

―The historic 18th amendment, which rolls back four decades of infringements by military rulers on Pakistan's 1973 constitution, is expected to sail through the upper house of parliament as early as next week and then pass into law‖.348

After a period of almost two years and consultations with other political parties the draft of the 18th amendment was prepared and was passed unanimously by the

National Assembly of Pakistan on 8th April 2010. The amendment removed the dictatorial footprints from the constitution and supremacy of the parliament was ensured.

The 18th amendment removed the special powers of the office of the President to dissolve

346 Pakistan Weighs Changes to Revise Constitution, The New York Times, 2010-04-06.Accessed on 19.09.2017 347 Pakistan's national assembly passes key constitutional reforms, The Sunday Telegraph, 2010-04-08. Accessed on 19.09.2017 348Ibid.

151 the assemblies, including the National and Provincial Assemblies. The province of

NWFP was renamed as Kybar Pukhtune khwa. ―The different infringements over the decades messed by the military dictators were also removed from the constitution‖.349The

Prime Minister hailed the house unanimously on the most important constitutional amendment since the adoption of the original constitution in 1973 as the fruit of the PPP led coalition government‘s reconciliation policy.350 The opposition party was also happy over this development and the restoration of parliamentary democracy in the country. The opposition leader Choudhry Nisar Ali khan declared in the Nation Assembly ―…a win win situation for Pakistan.‖351 Indeed it was a moment of joy in the constitutional history of the country. ―Pakistani parliament's lawmaking lower house has unanimously approved an amendment in the country's constitution, curbing crucial powers of the president.‖352

The 18th amendment was welcomed by the leaders of the main political parties and they gave their messages of congratulations. The Prime Minister said a special thanks to the President Asif Ali Zardari and PMLN leader Mian Nawaz Sharif ―…for their role in bringing about this change.‖353 It was a moment of joy for the leadership of PPP that they brought about the changes in constitution which were essentially needed to restore its parliamentary position and true spirit of 1973 constitution. The leadership of PPP was very excited over this constitutional development and they were describing it as a result

349 "Pakistan lawmakers approve weakening of presidential powers". CNN. April 9, 2010.Accesed on 19.09.2017 350The Daily Dawn, April 09, 2010. 351The Daily Dawn, April 09, 2010. 352 Pakistani National Assembly Votes to Limit Presidential Powers, Voice of America, 2010-04-08. Accessed on 19.09.2017 353The Daily Dawn, Karachi, April 09, 2010.

152 of political wisdom of the leadership of Asif Ali Zardari and Yousaf Raza Galani.

―Zulfiqar Ali Bhutto,s constitution has finally been restored to its original form.‖354

The broad based reconciliation of the PPP and joining hands with the PLMQ brought a rift between the PPP and PMLN, the parties ruling respectively at the federal level and the Punjab. It was a time of April 2011 that PPP and PLMQ came close to each other and a power sharing formula was set up at the federal level. ―On Saturday 23 April

2011, a high-level delegation of the Pakistan Peoples‘ Party called on the leadership of the Pakistan Muslim League-Quaid, which has now agreed to join a proposed national government.‖355

The 18th Amendment

The 18th amendment was a strong effort for strengthening the federation of the country. The main objective of the amendment was to restore the parliamentary spirit of democracy as it envisioned in the constitution of 1973.356 The 18th amendment not only reserved the changes brought by the general Musharraf (LFO and as a result of 17th amendment), but also strengthened the people of Pakistan in many ways. The amendment carries 102 important articles and has given new rights to the people of Pakistan. The amendment has given strength to the previously existing rights for the people of the country.357 The 18th amendment include empowerment to the existing rights ―…such as those pertaining to freedom of association and expression, excess to education etc.‖358

354 It was said by the PPP Punjab President RanaAftab Ahmad Khan who declared it a victory of democracy. Ibid. 355The Express Tribune, April 24th, 2011.Accessed on October 17, 2017. 356The Daily Nation, August 7,2016. 357Christophe Jaffrelot, Pakistan Paradox, Instability and Resilience, 264. 358 Ibid.

153

The Major Changes in the Constitution.

The 18th amendment of the constitution was passed by the upper house of legislature on 19th 0f April, 2010. The major changes were that concurrent list of legislation was abolished. The amendment brought about revolutionary steps in the constitution of 1973. It was an effort to bring about the true spirit of the system of federation with the transformation of various subjects to the provinces and ensured provincial autonomy. With the major exception of electricity, the concurrent lists functions have to be devolved to the provinces. The amendment ensured provincial autonomy, brought changes in the judicial structure and the appointment of the judges, powers of the Prime Minister and the role of the opposition was enhanced. Fiscal federalism359 was also introduced through the amendment.

There were also some of the changes made in the federal list of legislation.

Certain subjects were transferred from part one of the federal legislative to the part two.

The authority was given to the provinces to raise domestic and international loans according to the Article 167(4).

―A province may raise domestic or international loans, or gives guarantees on the security of the provincial consolidated fund within such limits and subject to such conditions as may be specified by the National Economic Council.‖360

359It‘s about the distribution of revenues between the federation and the units. It is also meant to remove the fiscal disparities between the units and the federation. The main objective of the fiscal federalism is to independent the provinces in the expenditures and and to remove their reservations. (MianRazaRabbani) 360Manzoor Ahmad, The constitution of the Islamic Republic of Pakistan, As Amended by the constitution (Eighteenth Amendment Act 2010), (Karachi: Kousar Law Book Publishers, 2011), 110.

154

The 18th amendment, according to the Article 172 (3), provides for equal federal and provincial ownership of mineral oil and natural gas. ―Subject to the existing commitments and obligations, mineral oil and natural gas within the province or the territorial waters adjacent thereto shall vest jointly and equally in that province and the federal government.‖361 After the amendment the local governments have the formal recognition in the article 140 A. ―Each province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.‖362 Addressing the concept of provincial autonomy, a more balanced distribution of functions empowered the province. Provincial autonomy is taken as a key concept of successful federation. The

18thamendment also provided ways for potential and better opportunities for better governance.

Phases of Devolution

The devolution process under the 18th amendment was undertaken in three phases.

Phase one:

1. Special initiatives

2. Zakat and Usher

3. Youth affairs

4. Population welfare

361Ibid., 112. 362Ibid., 95.

155

5. Local government and rural development

Phase Two:

1. Education

2. Social welfare and special education

3. Livestock and dairy development

4. Culture

5. Tourism

Phase Three:

1. Food and agriculture

2. Health

3. Labor and manpower

4. Woman development

5. Sports

6. Environment

7. Minority affairs

Higher Education Commission.

Entry No. 38 in the concurrent list containing the subjects, curriculum, syllabus, planning, policy, centers of excellence and standards of education, stands abolished.

156

A new entry at No. 12 of federal legislative list-2 has been inserted, standards in institutions for higher education and research, scientific and technical institutions which is purview of Council of Common interest and not federal government alone. So in 28th

April 2011, ―Council of Common Interest decided that a limited extent body would continue to work as commission of standards in institutions of higher education.‖363

Tourism Development Corporation

In the 18th amendment the tourism development corporation and its subsidiaries were allocated to Inter Provincial Coordination Division. Since the subject of tourism is residuary subject, the federal government cannot exercise its authority regarding any matter relating to tourism. The government of the Punjab had the view that they will not support any parallel administrative setup in the farm of Pakistan tourism board. And communicated to the federal government that ―they may have tourism advisory board with no executive responsibility and only to propose recommendations to the government for promotion of tourism in Pakistan.‖364

Size of Government and Cabinet in the 18th Amendment

The amendment has also drawn guiding principles for the good governance in the country. It is included in the amendment that the ―…the size of the central and provincial governments should not exceed 11 percent of the members of the assemblies.‖365

363http://www.ipc.gov.pk/ipc/userfiles1/file/CCI_%20New.pdf. Accessed on 20.09.2017. 364 This information is taken from the key officers who drafted such communication and attended the meeting on the part of Punjab government to the government of Pakistan. 365Christophe Jaffrelot, Pakistan Paradox, Instability and Resilience, 264.

157

How National Assembly can Dissolve

The national assembly can only be dissolved if following a motion of no confidence in the Prime Minister.‖ It was in a situation that if no one else is in a position to be the next Prime Minister.

Appointment of the Supreme Court Judges

In the 18th amendment it was included that the appointment of the Supreme Court judges will be done through a commission which will be named for a period of two years.366 The commission will be presided by the Chief Justice of Pakistan. The other members will be the senior most two judges of the Supreme Court and one member will be retired Chief Justice or a retired Supreme Court judge along with the Attorney General and the minister of law and justice. Commission also include one senior advocate of the

Supreme Court through the bar council. ―This process of the selection of the judges was taken from the famous Charter of Democracy signed between the PPP and MPLN in May

2006.‖367

Some of the issues relating to the amendment were challenged in the in the supreme court of Pakistan. They were about the Higher Education Commission (HEC), changing the name of the North West Frontier Province (NWFP), procedure of the appointment of the judges, removal of the concurrent list from the constitution and election of political parties were challenged in the Supreme Court.368 About the HEC, the devolution of HEC was also challenged in the Lahore High Court. Advocate Fahad

366Supreme Court of Pakistan, Article 175 (A) Appointment Of Judges, http://www.supremecourt.gov.pk/web/page.asp?id=432 367Dawn, May 16,2006. 368The Pakistan Times, September 30, 2010.

158

Ahmad Siddiiqi challenged it and stated in the petition that the federal government will not transfer the funds of HEC and stated …―in the petition that the Court should call Raza

Rabbani, the chairman of the commission and to know about HEC and why it cannot work under the federal government.‖369 The larger bench of the Supreme Court, headed by the Chief Justice of Pakistan concluded the case and gave their remarks. ―Our

Parliament is 2nd to none in comparison to the Parliament of any other country in the world. We should respect it. Our parliamentarians are men of character and they possess all the merits the parliamentarians of the other countries have.‖370

So far as implementation process of the amendment is concerned, there were many issues faced by the federal government, these were about the dissolved ministries and the devolution of the financial, administrative and issues relating to the employees and funds transactions. The government of the Punjab was also showing concerns towards the federal government. And was facing issues towards the practical implementation of the devolved subjects. Parliamentary commission on the implementation of the 18th amendment was working with RazaRabbani as chairman and

Ishaq Dar as deputy chairman. By April 2011, PPP came close to PMLQ and was on its way to form a broad based alliance in the government benches. In that environment Ishaq

Dar resigned from his office as deputy chairman of the implementation commission of the 18th amendment. Dar,s resignation came on 20th April 2011 and he explained the reasons of the resignation. He said that the government has failed to adhere to the understanding reached at the commission under which it was bound to convene the joint

369 Ibid. 370 18th amendment case concluded, Supreme Court reserves verdict. Ibid.

159 session by April 19.371Ishaq Dar comprehensively explained the reasons and issues that were coming across in the implementation commission. He wrote in his resignation that

‗the core function of the HEC including scholarships to students, foreign assistance, accreditation etc. could neither be delayed nor it would be desirable to place such functions under different federal divisions as it would severely hamper the objectives for which HEC was originally formed.‘372 Dar also explained some of the other matters like some of the violations of the federal finance law and said that his objections and points were every time ignored in the commission meetings. Mian Raza Rabbani, the chairman of the implementation commission told the press that there was ―no division in the commission after the resignation of the deputy chairman.‖373 He did not comment on the resignation of Ishaq Dar.

Ultimately the implementation report was presented in the National assembly on

29th of April 2011 and before the Senate on 3rd May 2011. The report included 58 pages and explained all the steps taken up for the devolution of powers to the federating units.

There were 50 meetings held by the commission to prepare the recommendations. The provincial bureaucracy and the procedural handling was consulted with the provinces as well. This is how implementation process of the 18th amendment continued however bureaucratic hurdles were observed and mentioned by RazaRabbani as well.

371 Dar resigns as deputy chief of the commission. The Daily Dawn, Karachi, April 21, 2011. 372 Ibid. 373The Daily Dawn, April 20,2011.

160

Post 18th Amendment Constitutional Issues

Issues Taken up with the Federal Government

The post 18th amendment scenario between the federation and the provinces was not in a comfortable situation. The departments and powers were not easily devalued to the provinces. In the post 18th amendment these were the issues taken up by the government of the Punjab with the federal government as powers were not trickled down to the provinces properly.

1. Devolution of National College of Arts of Lahore and Rawalpindi campuses.

2. Devolution of the functions and assets of Pakistan Tourism Development

Corporation

3. Devolution of Sheikh Zayed Hospital and allied institutions devolution of

functions of the ministry of health regarding drug control administration.

4. Devolution of Aiwan-e-Iqbal complex, Lahore and Iqbal academy Lahore.

5. Devolution of Pakistan Bait-ul-Mall

6. Allocation of hunting areas in the Punjab.

7. Devolution of Evacuee properties.

8. Devolution of workers welfare fund (WWF) and employees old age benefits

institution (EOBI)

9. Devolution of functions relating to the sports.

161

So far as practical implementation of the 18th amendment is concerned the federal government devolved some of the ministered to the federating units and also retained some of the subjects. And federal government was of the view that they have retained some of the subjects due to legal constraints on the way to devolution. Under the article

270 AA(6) of the constitution of Pakistan after the 18th amendment ‗shall continue to remain in force until altered, repealed or amended by the competent authority.‘374

However the Prime Minister Yousaf Raza Gilani presented the reason of legislative gap a hurdle on way of complete devolution of subjects.375 The process for the transformation of the subjects was slow and many subjects were retained by the federation. The reasons were the problems and the bureaucratic hurdles towards devolution. The provinces including the Punjab showed reservation and also protested. It was observed that some of the matters were challenged in the courts.

The government of the Punjab and PLMN, the opposition party in the federation, like other provinces was happy over this development of the 18th amendment376 and was very keen for the devolution of the subjects. But the slow process of the devolution and the hurdles created resentment and the chief minister wrote a letter to the Prime Minister and demanded a call of meeting for the Council of Common Interest (CCI). Some of the institutes relating to the social delivery which were supposed to come under the government of the Punjab after the 18thamendment were still retained by the federal government. These institutes include Evacuee Trust Properties Board, The Hockey

374Manzoor Ahmad, The constitution of the Islamic Republic of Pakistan, 189. 375Social development in Pakistan, Annual review 2012, p.43. 376The Tribune, June 8, 2014

162

Federation, Pakistan Cricket Board, Bait-ul-Mall, Pakistan agricultural storage and services corporation, Aiwan-i- Iqbal complex, Iqbal Academy, Tuberculosis Centre

Complex, Women and Chest Diseases Hospital Rawalpindi, National College of Arts

Lahore and Rawalpindi, workers welfare fund, Employees Old age Benefit Institute,

Sheikh Zayed Post Graduate Medical Institute Lahore, Sheikh Fatima Institute of nursing and Health Sciences Lahore. Some of the institutes relating to agriculture were also retained by the federal government. These include Pakistan Central Cotton Committee and Federal Seed Certification and Registration Department and Pakistan Agriculture

Research Council.The government of the Punjab was doing protest through various ways including correspondence with the federal government and at the public forums.

There is also a list of subjects that were devolved by the federal government and came under the supervision of the government of the Punjab. These include National

Museum of Science and Technology Lahore, Pakistan Chair Board, Centers of

Excellence, Soil survey of Pakistan, Area study Centers, Sheikh Zayed Islamic Centers,

Pakistan Study Centers and also the institutes relating to special education and special welfare. These institutes came under the supervision of the Punjab and likewise in the other federating units of the federation of Pakistan.

However it is observed that the government of the Punjab protested against the subjects which were still retained by the federal government and according to the officials these were the cash rich institutes. The Chief Minister of the Punjab again wrote letter to the Prime Minister and the demand was to hand over the remaining important subjects which were supposed to be delivered to the provinces after the

163

18thamendment.377 The Punjab government officials were of the view that the Chief

Minister of the Punjab wanted the subjects with their financial assets. The stance of the

Punjab government was that the federal government is not fair enough and is discriminatory in its dealing with the government of the Punjab. The federal government had devolved some of the institutes to the government of Sindh and to the government of

Balochistan but according to the official stance of the government of the Punjab, the federal government was using delaying tactics in its dealings regarding the post 18th amendment procedures. National institute of child health and Jinnah post graduate medical Centre was delivered to the Sindh government similarly Sheikh Khalifa Bin

Zayed hospital was also delivered to the government of Balochistan. However the Punjab government was still waiting from the Federal Government Post Graduate Medical

Institute and the Sheikh Zayed Hospital to be delivered to the government of the Punjab.

The Punjab government was demanding for the devolution of these social sector institutes. The power generation became a shared responsibility of the federation and the federating units after the 18th amendment. The crises of power had gone worse in these years. The power generation capacity decreases every year but the demand goes high around 6 percent every year. The situation of load shedding was beyond control and the province of Punjab was suffering more as compare to the other provinces. Though, ―the situation of revenue generation was better in the Punjab and the power distribution companies were collecting more revenue as compare to the other parts of the country.‖378

In the Council of Common Interest (CCI), the Chief Minister of the Punjab protested against the unjust attitude of the federal government and demanded for the equal load

377 The Express Tribune, October 26th, 2011.Accessed on October 18, 2017. 378Social development in Pakistan, Annual review 2012, p.114.Accessed on October 25, 2017.

164 management in all parts of the country. In this regard the Council of Common Interest

(CCI) passed a resolution for the equal load management throughout the country.379 The

Employees‘ Old-Age Benefits Institution (EOBI) and WWF were also on the list to be delivered to the government of the Punjab. The government of the Punjab was showing resentment and was demanding over the issue of delaying. One can find that the

―ministry of labour was devolved and the provinces were entitled to make legislation for the empowerment of the labours according to the Article 142(c).‖380

The department of education became a provincial matter. The Higher Education

Commission of Pakistan was supposed to be delivered to the provinces after the 18th amendment in connection to the department of education. However it was observed that some of the political parties and some of the university‘s faculty did not like that the HEC should be delivered to the provinces. So the issue was challenged to the Supreme Court and the Lahore High Court as well. In the courts the petitioners took a stand that this devolution is a violation of some federal laws and also the provinces are supposed to make a proper legislation before the devolution of the Higher Education Commission of

Pakistan. In this regard the Supreme Court declared that HEC will continue its functions according to the HEC Ordinance of 2002 which are also covered by the constitutional provisions. And the same provisions will serve the purpose unless the new legislation.

Till the promulgation of the new legislation HEC will continue performing its responsibilities. The Council of Common Interest also showed its consent to the HEC to continue its responsibilities by the year of 2014-15. About HEC a notification was issued by the Cabinet Division of Pakistan by November 14, 2012, the notification declared that

379Ibid.,113.114. 380Ibid., 118.

165 the HEC will function under the newly established NRSD National Regulation and

Services Division. In the same notification a new department was also established by the name of External Equivalence of Degrees and Diplomas.381One can find a point that in the history of Pakistan, the 18th amendment was a first brave and great step towards the provincial autonomy, the autonomy with strong legislative and financial powers. For that matter the party in power at the federation must be given credit for this positive step of constitutional transformation. Also it is equally important to mention that all major parliamentary political parties played their role for making this undisputed 18th amendment and strengthen the federation of Pakistan.

It is obvious that the relations between the PPP (Government in the center)PMLN

(Government in the Punjab) never remained ideal during the period from 2008-2013 and they remained political rivals as traditionally they were. However both of the parties PPP and PMLN showed accommodative attitude towards each other in terms constitutional development. It can be sad that Centre-Punjab relations remained much better than previously in history and thus federalism worked smoothly and resulted in strengthening the federal structure. The 18th Constitutional Amendment in 2010 was the result of this mature cooperation which further strengthened the federal structure of Pakistan as it transferred concurrent list to the provinces and restored parliamentary spirit as envisioned in the 1973 Constitution. However, despite these some positive steps overall relations between the two major parties did not remain as cordial and friendly as one was expecting.

381Ibid.

166

Conclusion

The hallmark of the period was the enforcement of unanimously passed 18th

Amendment. This is believed by many that the 18th amendment was a one of the bravest and greatest step towards the provincial autonomy in the history of Pakistan which resulted in the strong federal structure. For that matter the party in power namely PPP at the federation must be given credit for transferring most of Federal powers to the provinces and also for transformation and repealing the amendment made by the military dictator-General Musharraaf. Also Credit for such historic move should be given to all major parliamentary political parties for making this undisputed 18th amendment possible and strengthening the federal structure of Pakistan. Most importantly, Punjab, hitherto has had been branded, rightly or wrongly, as a champion of strong Centre and provincial autonomy, should be hailed for supporting the 18th Amendment and therefore, paved the way for loose Centre and strong provincial autonomy. That step shows how mature and refined political leadership in the Centre and provinces had come into power and were taking historic decisions for the greater and bigger autonomy of the provinces. Pakistan was clearly showing a sign of positive change and moving towards strong federal structure, thanks to the responsible leadership in the Centre and provinces of Pakistan.

167

Chapter 5

Financial Issues: The National Finance Commission Award and the Punjab

The constitution of 1973 entails a mechanism for the distribution of the revenue among the federating units. Since the distribution of revenue assets is considered a very technical and critical issue with its far reaching implications between the federation and the federating units, any kind of misappropriation causes economic, social and political discontent in the centre- province relationship. In the federation of Pakistan it is noticed that there is inter-provincial disparities in income distribution, capabilities in tax collection and expenditure disbursement. Through the constitution of Pakistan most of the revenues are collected by the Federal Government and then they are redistributed between the federal and provincial governments and then amongst the provinces under an arrangement called the National Finance Commission Award. The National Finance

Commission was established in 1951 with following objectives, to support the provincial governments to meet their expenses and to reduce the horizontal imbalances among the provinces, „the depending of the revenue capacity of the constituent units of the federation. But during the period from 2008 to 2013, the financial relations between the province of the Punjab and the federal government were not very smooth. The Punjab government on various occasions complained about the financial related issues as it was effected by power sector. The load shedding took place more than 12 hours in every city of the province that made social and economic health of the province in serious jeopardy.

Mian Shahbaz Sharif delivered speeches with hard words against the federal government that resulted into strained relations with the federal government. Similar statements were

168 also observed from the federal government ministers in response to the Chief Minister of the Punjab. Again the provincial government was strongly complainant against the federal government not helping and fulfilling the legal requirements needed for the external support of the power projects

Introduction

Financial management issues in our country revolve in a concept of fiscal federalism which is a part of broader public finance discipline. ―Fiscal federalism deals with the division of governmental functions and financial relations among levels of government. The term fiscal federalism was introduced by the German-born American economist Richard Musgrave in 1959.‖382

Considering the fact the fact that Pakistan is a developing country and democracies are weak and fragile in the developing countries. Most of these developing countries have a strong colonial legacy and many others have suffered authoritarian regimes. Democratic governments have remained in problem in these developing countries. Pakistan is a country with a history of conflicts and weak political institutions.

The early years of the history of federalism in Pakistan has remained a period uncertainty with a number of national issues that the newly born state was facing. This uncertainty also resulted into civil military conflicts, mostly for the sake of power in the country. The military mindset or in other words the strong establishment has favoured strong federation and have resisted the concept of provincial autonomy. Financial dimensions are one of the most important concerns in the centre province relationship of Pakistan.

382Encyclopedia Britannica, Fiscal Federalism.

169

―In the history of Pakistan the distribution of financial resources between the federation and the federating units has dominated the federal landscape.‖383

Historical Perspective

Before independence and the establishment of Pakistan Revenue Sharing,

Niemeyer Award was the distribution formula under the act of 1935. The formula was followed to distribute the resources between federal and provincial governments under the British. Under the act of 1935 sales tax was a provincial subject and income tax collection was redistributed as 50 percent of the total income tax collection. As Pakistan was established, it is observed that till March 1952, the same formula of award was followed with some adjustments.

After independence about the revenue Sharing Arrangements Sir Jeremy

Raisman384 was assigned to make an arrangement and formulate an acceptable revenue sharing formula for the federation of Pakistan and federating units of the country.

Extensive consultations were made by Raisman and an Award was finally announced by

1952.385 The arrangements made under Raisman Award were of 50 percent of income

383Federalism in Pakistan, Dr Muhammad Waseem, 91. 384Raisman, Sir (Abraham) Jeremy (1892–1978), he was a British economist and banker. He was born in Leeds in 1892 and in 1916 he join the Indian Civil Services, he was posted in Bihar and then in Orissa, then he joined the department of custom in Bombay and later in Calcutta and then served as commissioner of income tax in the Punjab and the Northwest Frontier Province. He joined India's central government in 1931 as a joint secretary in the Commerce Department. Then he was appointed secretary in the Finance Department. From 1939 to 1945 he served as finance member of the government of India. In 1944 he led India to the International Monetary Conference at Bretton Woods (New Hampshire). This conference resulted in the formation of the International Monetary Fund and the International Bank for Reconstruction and Development in 1944. In 1939 he was knighted. He was resigned in 1945 from the Indian civil service. He had been helpful for many Jewish refugees in the Europe. After his retirement he served as an adviser to several newly independent countries including Pakistan. 385The Raisman Award was a series of economic programs established by Pakistan in 1951. The understanding of the program emerged in 1947 to provide a solution of the sharing of total revenue. The program was announced by PM Liaqat Ali Khan in 1947. It was a part of his new economic policy to curb the political discrepancies and economic preferences.

170 tax, ―East Pakistan government was entitled to 45 percent of the federal divisible pool whereas West Pakistan got the remaining share.‖386 By 1955, after the arrangements, two separate units were made for the federation, namely East and West Pakistan and two awards for year 1961 and 1964 were announced during that period under this award. It was out of the divisible pool (70% of sales tax plus other taxes), East Pakistan and West

Pakistan got 54% and 46% share, respectively. 30% of sales tax was assigned to the provinces on the basis of collection in their respective areas.387

In these Awards the remaining duties especially on agricultural land and on assets value tax on property were given to the federating units as their own collection. In the

1964 National Finance Commission Award, it was constituted according to the ―Article

144 of the 1962 Constitution. In this Award of 1964 the divisible pool was consisted of the collection from sales tax, income tax, the export duty and the excise duty. In the

Award however 30% of sales tax was distributed in accordance with its collection in each province.‖388

Financial Distribution Arrangements under the 1973 Constitution

The Constitution of 1973 clearly defines the arrangements, parameters and procedures regarding the establishment of National Finance Commission. There was also basic framework for allocation of financial powers and the distribution of revenues between the provinces and the federation. In the ―Article 160 of the Constitution of

386White Paper Budget 2010-11 (Lahore: Government of the Punjab, June 14, 2010), 105. 387 Ibid. 105 388Ibid., 106.

171

Pakistan the details for the establishment of the National Finance Commission‖389 are provided. The constitution arrangements of National Finance Commission are as follows:

1. ―Within six months of the commencing day and thereafter at intervals not

exceeding five years, the President shall constitute a ‗National Finance

Commission‘ consisting of the Minister of Finance of the Federal

Government, the Ministers of Finance of the Provincial Governments and

such other persons as may be appointed by the President after consultation

with the Governors of the Provinces.‖390

2. ―It shall be the duty of the National Finance Commission to make

recommendations to the President as to(a) the distribution between the

Federation and the Provinces of the net proceeds of the taxes mentioned in

clause (3); (b) the making of grants-in-aid by the Federal Government to the

Provincial Governments; (c) the exercise by the Federal Government and the

Provincial Governments of the borrowing powers conferred by the

Constitution; and (d) any other matter relating to finance referred to the

Commission by the President.‖391

3. ―The taxes referred to in paragraph (a) of clause (2) are the following taxes

raised under the authority of (Majlis-e-Shoora (Parliament), namely: - (i)

taxes on income, including corporation tax, but not including taxes on income

consisting of remuneration paid out of the Federal Consolidated Fund; (ii)

taxes on the sales and purchases of goods imported, exported, produced,

389https://pakistanconstitutionlaw.com/article-160-national-finance-commission/ Retrieved on 15.04.2018. 390 Ibid. 391 Ibid.

172

manufactured or consumed; (iii) export duties on cotton, and such other

export duties as may be specified by the President; (iii) export duties on

cotton, and such other export duties as may be specified by the President; (iv)

such duties of exercise as may be specified by the President; and (v) such

other taxes as may be specified by the President.‖392

4. ―As soon as may be after receiving the recommendation, of the National

Finance Commission , the President shall, by 0rder, specify, in accordance

with the recommendations of the Commission under paragraph (a) of clause

(2), the share of the net proceeds of the taxes mentioned in clause (3) which is

to be allocated to each Province, and that share shall be paid to the

Government of the Province concerned, and, notwithstanding the provision of

Article 78 shall not form part of the Federal Consolidated Fund.‖393

5. ―The recommendations of the National Finance Commission, together with

an explanatory memorandum as to the action taken thereon, shall be laid

before both Houses and the Provincial Assemblies.‖394

6. ―At any time before an Order under clause (4) is made, the President may, by

Order, make such amendments or modifications in the law relating to the

distribution of revenues between the Federal Government and the Provincial

Governments as he may deem necessary or expedient.‖395

392 Ibid. 393 Ibid. 394 Ibid. 395 Ibid.

173

7. ―The President may, by Order, make grants-in-aid of the revenues of the

Provinces in need of assistance and such grants shall be charged upon the

Federal Consolidated Fund.‖396

In pursuance of the powers granted by the constitution, the President

of Pakistan announced the 7th National Finance Commission on 24th July,

2009. The required deliberations and deep consultations amongst all the

stakeholders were made. And ultimately the recommendations of the Award

were announced on December 2009. Before the 7th National Finance

Commission Award there were two arrangements made for the distribution of

the financial assets. The white paper budget of the government of the Punjab

describe as follows:

―…under the arrangements envisaged in 1973 Constitution, four regular,

two interim awards and in 2006, a Presidential Order for distribution of

revenue were announced for the resource distribution among the

federation and different federating units.”397

The constitution of 1973 provides a mechanism for the distribution of the revenue among the federating units. The mechanism provided by the constitution about the distribution of revenues need to be revised every after five years. The distribution of revenue assets is considered a very technical and critical issue with its far reaching implications between the federation and the federating units. Any kind of misappropriation may cause economical, social and political unrest in the centre province

396https://pakistanconstitutionlaw.com/article-160-national-finance-commission/ Retrieved on 15.04.2018. 397White Paper Budget 2010-11, 108.

174 relationship. In the federation of Pakistan ―…inter-provincial disparities in income distribution, capabilities in tax collection and expenditure disbursement there is a strong need for the fiscal arrangement between the federal and provincial governments.‖398It is considered that the federal government is more efficient in the revenue collection and it work is an open environment as compare to the federating units. In infrastructure the federal government is also facilitated more strong and efficient missionary to work for the collection of revenue. Similarly the small taxes are relatively managed by the provincial governments.

Financial management issues in our country revolve in a concept of fiscal federalism. Through the constitution of Pakistan ―most of the revenues are collected by the Federal Government and then they are redistributed between the federal and provincial governments and then amongst the provinces under an arrangement called the

National Finance Commission Award.‖399 The National Finance Commission was established in 1951 with two prime objectives:

1. ―To support the provincial governments to meet their expenses.

2. To reduce the horizontal imbalances among the provinces, ‗the

depending of the revenue capacity of the constituent units of the federation.‖400

The financial situation of provincial governments is largely based on federal transfers of financial assets to the provinces as described in the constitution through

National Finance Commission (NFC) Awards. The National Finance Commission is a

398Pakistan Economic and Social Review Volume 44, No. 2 (Winter 2006), p. 209. 399 Ibid. 400Ibid.

175 series of planned award that the federal government of Pakistan gives to the provinces.

This series for the distribution economic award was started in 1951.401 The National

Finance Commission is described and structured in the constitution of Pakistan under the article 160.

The National Finance Commission program was emerged to adjust the financial issues and ―equally managed the financial resources for all the federating units of the country. It was aimed that four provinces should meet their expenditure and liabilities while alleviating the economic disparities.‖402 Furthermore, ―according to the constitution of Pakistan, the National Finance Commission Awards are the designs of financial distribution formulas for the economic distribution to the provincial government for the five years.‖403 In the history of the country together, a total number of seven awards have been awarded to the provinces since it has started dated 1951. These were the days of the founding leader and Prime Minister Liaquat Ali Khan. The directions are mentioned in

…―the Constitution, the provincial governments and federal government tries to get higher share of the financial revenues to make their own economy more strong and affective.‖404

In the light of the …―constitution, these awards design the formula of distribution of resources between federal and provincial governments, and among the provinces for five years.‖405 It is observed and according to the spirit of the constitution the federal

401Jaffery, Nighat Bilgrami and Mahpara Sadakat, "NFC Awards", (PDF) Pakistan Economic and Social Review.Pakistan Economic and Social Review.Accessed 4 March 2018. 402 Constitution of Pakistan. "Finance, Property, Contracts and Suits". Constitution of Pakistan.Accessed on 5 April, 2018. 403 Ibid. 404 Ibid. 405Ibid.

176 government and all federating units tries their best to get a maximum share of the financial resources in order to strengthen their own financial situation. So as a result, there are very few examples of consensus and conclusive National Finance Commission

Awards in the past. There are very few conclusive awards in the history of the country with a different kind of gains. In the 1991 National Finance Commission Awards, the federating units (provincial governments) were the main beneficiaries and they received substantial amount of shares like sales tax and income tax. While in 1997, the biggest amount of the National Finance Commission Award was the federal government share which tried to raise its financial status. If we go in the details of the parameters of the

National Finance Commission awards, the increase in the share of one unit will affect the rest of units by some kind of decrease in the share. So it was sensitivity attached to the sharing formula. One feels that it was difficult to reach on a consensus between the federal and the provincial governments. In his difficult pattern after 1971 only three times there was consensus over the financial distribution formula. These were the National

Finance Commission years of 1974, 1991 and 1997, and one may also see the 2006, presidential distribution order during the Musharraf times.

The history of Pakistan has been very frequent in all kind of experiments which can be observed in politics, economy, institutional building and even constitution.

Though the country is considered a resourceful one with various kind of natural resources. Most of the population of Pakistan is associated with agriculture and vast plains and the unique canal system provides a favorable atmosphere for agriculture.

However it also gives an impression of a primitive society. The rural society of Pakistan still has to go for a transformation and there is a responsibility of the federal government

177 for this essential change. The federating units are not satisfied with the policies of federal government particularly with the distribution of financial resources.

In the study of centre province relationship the power has played a very important role. Till the separation of East Pakistan in 1971, power has strongly affected the in the centre province relations. The main grievance of the people of Bengal was the fiscal issue and they were deeply concerned that the federal government had been adopting the strong centralized policies. This concern became deeper with the passage of time and a sense of being ignored was prevailing in East Pakistan. As a result eventually the incident of 1971 was witnessed by the history of the country. Later the history of the country can again be divided into democratic and dictatorial regimes. The military dictatorship have dominated the executive authority and thus weakened the democratic regimes by introducing the constitutional amendments, (details are given in the 4th chapter). The elections of 2008 brought the democratic government who tried to perform well after a long dictatorship of

Pervaiz Musharrf. The National Finance Commission is the institution who divides the fiscal shares and revenues from the federal government to the provinces. The National

Finance Commission Award is only presented as the provinces show consensus otherwise it is rejected. In the history of the country, the National Finance Commission Award is only accepted in the democratic regimes. In the long dictatorial tenure of General Zia

(1977-1988) and later during General Musharaff (1999-2008) rule the National Finance

Commission Award National Finance Commission remained failed. This is also a reflection that the country has suffered and the growth and development has hampered due to the dictatorial regimes. Out of the nine National Finance Commission awards only

178 four times the award remained successful and conclusive. These successful awards came in the time of democratic governments.

The election of 2008 brought the democratic government back to the country. It was a very positive development in the disturbed political scenario of Pakistan. The post

9/11 situation brought a huge destruction for every sphere of the country. Terrorism was killing the innocent civilians. In this worse situation the social and economic development was hampered and the economy of the country was derailed. The election of

2008 brought the democratic government of PPP and the government tried to make some genuine democratic policies. The federal government tried to follow the policy of reconciliation. The major achievement was the restoration of the true spirit of the constitution of 1973. The 18th amendment was a strong move for the provincial autonomy and thus a way forward for successful strong federation. In Pakistan the financial resources of the provinces are largely dependent upon the share of revenue that the provinces get from the federal government. The 7th National Finance Commission Award of 2010 is a great example in the economic history of Pakistan so far as the provincial economy is concerned. The award was presented by PPP Prime Minister Yousaf Raza

Gilani and it changed the traditional approaches of the federation towards the provinces and this was primarily due to the 18th amendment. The distribution of economic resources was according to constitution of 1973, the articles of 160 and 165 are the constitution of

Pakistan deals with the National Finance Commission Award and the economic affairs.

179

―According to the constitution of Pakistan the National Finance Commission Award is presented for five years.‖406

If we look in to the history of National Finance Commission Award, the previous distributions were made according to the proportion of population. It is important here to mention that traditionally the provinces always tried to get the maximum share in the

National Finance Commission to stabilize their financial status. This had remained the main reason and there was hardly consensus in the National Finance Commission

Awards. The history of National Finance Commission awards shows that the gainers have remained different. For example in 1991 the provinces got the main share in the resources while in 1997 the federal government was the main beneficiary in the National

Finance Commission Award. The federal government attached some sensitivity in the distribution formula.407 However the 7th National Finance Commission Award was unique and followed changed approaches and other factors were also included along with the population, these were revenue collection, backwardness / poverty, and population density. The 18th amendment was a step towards a successful federation with autonomous federating units and it gave an independent working position to the provinces. There was a strong and positive impact among the relations of the provinces and some of the legal institutions brought provinces close to each other and close to the federation. These include CCI, NEC and the National Finance Commission. These steps gave a platform to the provinces for a balanced growth of their specific regions. It was also a goodwill

406 Muhammad Sabir, ―Financial Implications of the 7th National Finance Commission Award and the Impact on Social Services‖,https://www.researchgate.net/publication/241764991_Financial_Implications_of_the_7th_Nati onal Finance Commission_Award_and_the_Impact_on_Social_Services, Accessed on 08.11.2017 407Ibid.

180 gesture from the federation which also resulted into the consensus of National Finance

Commission Award. Regarding fiscal decentralization it is to be noted that the revenue is collected by the federal government and through National Finance Commission award the income is distributed between the federation and the federating units. The provincial governments further trickle it down for the development and the expenditures.

Centre-Punjab Economic Relationship.

During the period from 2008 to 2013, the financial relations between the province of the Punjab and the federal government were not very smooth. The Punjab government was found complainant in many of the financial related issues. The province of the

Punjab was badly hit in the power sector. The power shut down was more than 12 hours in every city of the province. The rural areas were more adverse in the supply of electricity. The Shahbaz Sharif government was of the view that the federal government is discriminatory and the National grid is not distributing electricity to the federating units in equal manner.408 There were protest across Pakistan against the government for not providing power, the government of the Punjab itself involved in these protests against the federal government. The Chief Minister of the Punjab used to sit for around three hours in a tent near Minaar e Pakistan to show solidarity with the people during their sufferings in the electricity shut down. The Chief Minister of the Punjab delivered speeches with hard words against the federal government for seeking the sympathy of the common people and resulted into strained relations with the federal government. Similar statements were also observed from the federal government ministers in response to the

Chief Minister of the Punjab.The government of the Punjab then tried to work for the

408The Daily Nation, August 09,2012.

181 electricity generating projects.409 For that purpose the Chief Minister tried to work for the power projects and also tried to seek the help of China and Turkey. Again the provincial government was strongly complainant against the federal government not helping and fulfilling the legal requirements needed for the external support of the power projects

(details are given in the details of the chapter).

The 2008 Budget and Expectation of the Punjab

In the period under discussion from 2008 to 2013 the financial relations between the federal government and the province of the Punjab were not very smooth. In 2008, talking about the economy of the Punjab, it was relatively stable going on in the previous two decades and the growth rate was above 0.5 percentage point410, better than the rest of country. In 2008 the income of the Punjab per capita was 4 percent and it was better in the federating units.411The federal share for the provinces in the revenue sector was almost to the share of population. However, the general economic condition of the country was not stable at that time. It was worsening in terms of agriculture, fuel pricing, rising floods in the country and poverty and Punjab also suffered because of poor economic condition of the country. Therefore, Mian Shahbaz Sharif focused on the improvement of economy of the province.412In the first phase when the coalition governments were working well in the centre and provinces, Mian Shahbaz Sharif

409The Daily Express Tribune, July,2013. 410www.sjbipp.org/publications/RP/researchpaper/RP-01-15.pdf. Accessed on 13.04.2018. 411The Daily Nation, 17 June 2009 412The Daily Express, December 2012.

182 presented the first budget and thus the budget of 2008-9 was a budget of coalition government of PMLN and PPP government.413

In the 2008-9 budget of the government of the Punjab ―revenue receipts of the province were expected to increase from Rs. 315.6 billion to Rs. 389.9 billion and they were showing a growth of 24 percent.‖414 Similarly ―federal transfers were the largest source accounting for 77 per cent of these receipts. Within these transfers, the bulk was transfers from the federal divisible pool, which are expected to increase significantly from Rs 220.1 billion in 2007-08 to Rs 284.6 billion in 2008-09, a growth of over 29 percent.‖415

“It was not only due to increase in the share of the provinces (from 42.5

percent to 43.75 percent) in the divisible pool but also because of expected

fast growth of 25 percent in federal tax revenues, despite the fact that the

economy was visibly slowing down. The extent of overestimation,

therefore, in transfers could have been in excess of Rs 15 billion. Under

the head of federal grants, budgetary support of Rs 6.5 billion for poverty

reduction was indicated. This is grant assistance by DFID which was

discontinued in 2007-08. It was not clear whether such support will be

resumed in 2008-09.”416

The proposals for the taxes were another area that the government of Punjab needed to be raisethe revenues from provincial taxes. The proposed revenue was …―to

413The Daily News, December, 05 2015. 414 Hafiz A. Pasha and Aisha Ghaus-Pasha, Punjab Budget 2008-09:Progressive but Fragile, IPP Policy Paper Series (Institute of Public Policy, Beaconhouse National University) Accessed on 13.04.2018. 415Ibid. 416 Ibid.

183 increase by 32 percent in the coming year as compared to 18 percent annually over the last five years.‖417 This demonstration was not only achange in trend among the province but it was unique among the provinces, the rest of other provinces all announced tax-free budgets.418

There were some very …―positive elements especially in the resource mobilization strategy that includes the burden of additional taxation that was mostly on the upper income groups and can be called progressive in character. The additional tax mobilization was observed through direct taxes and was not called to be inflationary.‖419

Another point was that maybe it was an attempt to tax the under taxed sectors, for example real estate and services, therefore it was more to be called in the nature of broadening the taxation of the provincial tax base.420 This unique phenomenon of taxation was in contrasts with that of the federal resource mobility strategy for the year

2008-09. And the federal government strategy was higher taxation on the existing tax structure.

Generally it was the situation of uncertainty but some of the surroundings were

projecting optimistic growth for revenue receipts. There were an intention to

restrict current expenditure though there was high inflation time and also some

risks in the general situation in the security. The provincial government of the

Punjab was to face with difficult choices in its financial situation during 2008-09.

It was a hard budget and many budget constraints implies. Spaces were limited in

the finances and it was either to cut the relief budget or to cut the slices of the

417 Ibid. 418Ibid. 419 Ibid. 420Ibid.

184

development budget. The government of the Punjab had demonstrated a

commitment to the progress ―on the taxation and the expenditure side in the

Budget of 2008-09 but whether it will be able to realize its intentions, given the

frailty of the budget estimates in a deteriorating economic environment, remains

to be seen.‖421

The Punjab Budget 2009-10

In the Punjab Budget of 2009-10, many felt it presented few surprises422. In response to the federal budget the budget of the Punjab had not even the normal adjustments in the provincial taxes, except there was an exemption in inherited property.

It can be said that it was because the taxes available to the province would probably output nothing extra even if try for more income. There was also an assumption on the part of the Punjab that the federal government and the Prime Minister was repeatedly saying about arranging meeting for the National Finance Commission to make an Award for the provinces. During the budget speech the finance minister of the Punjab said that the targets of revenue collection had not been achieved and he declared and blamed that the global economic situation was responsible for this. The government of the Punjab in its budget of 2009-10 said that the global economic turmoil had not only affected the states but their federating units have also come under this recession. The government of the Punjab also announced that the province will consider the setting up of the new Board of revenue of the model of federation. According to the finance minister it will be a counter piece and parallel to federal one for the tax collection mechanism of the province

421Ibid. 422 Punjab Budget 2009-10, The Daily Nation, Lahore, June 16, 2009.

185 of the Punjab. ―Meanwhile, the Punjab government is devoted to spending, first of all, because of the War on Terror, on law and order, with the police getting an increase next year of Rs 8 billion.‖423 In this difficult situation the government of the Punjab had to spend to spend more amount in terms of increase in the salaries, not only police but also all the other government servants. In the budget of 2009-10, there was ―the continuation of the Sasti Roti scheme, followed by a planned expansion‖424, but one can see there was

…―also Rs 59.72 billion of social sector development spending in the Annual

Development Programme of Rs 175 billion.‖425 It was also declared in the budget that the

Punjab government will continue for its primary duties to spend on education and health.Which was its main and direct duty according to the constitution, much more than the federal government. The expenditures were not meant just to continue the ongoing programmes of past, but it was also meant to includes new initiatives with the version of the new government. The government of the Punjab was intended to spend Rs 23 billion to education while avoiding the large amounts on the mega projects like the knowledge city.426 It was the 2nd budget of the democratic government of the Punjab after authoritarian regime of Musharraff. It was observed that it was a normal working conditions between the federation of Pakistan and the province of the Punjab.

7th National Finance Commission Award, 2009

In the history of the country, fiscal federalism has throughout remained a hard way to ride in the country. That was the reason that one can see issue of National Finance

423Hafiz A. Pasha and Aisha Ghaus-Pasha, Punjab Budget 2008-09:Progressive but Fragile, IPP Policy Paper Series (Institute of Public Policy, Beaconhouse National University) Accessed on 13.04.2018. 424 Punjab Budget 2009-10, The Daily Nation, Lahore, June 16, 2009. 425Punjab Budget 2009-10, The Daily Nation, Lahore, June 16, 2009. 426The PIE News, October 3, 2013

186

Commission Award was remained pending and lingering, dated back to for the last fourteen years till the 5th Award in 1996. After the constitution of 1973, total seven awards were constituted ―only four came up with additional defining parameters for the distribution of the resources amongst the federating units.‖427 The 7th National Finance

Commission …―was reconstituted in 2009, during the early discussions it was observed that a great degree for the understanding of each other view point, statesmanship, and maturity was needed.‖428 There were a spirit of accommodation and reconciliation for the acceptance of financial resource sharing formula between the federation and all the federating units. All the technocrat staff and the leadership of various political parties in the presentations of the National Finance Commission Award showed reasonable flexibility and accommodated each other for the resolvement of the issues between the federal government and the Provincial Governments. So as a result a consensus formula was evolved and the 7th National Finance Commission Award was announced. The 7th

National Finance Commission Award was ―a historic step forward in rewriting the equation between the federation and the provinces and to amicably address the issue of trust deficit between the provinces.‖429 The consensus over the award led to the way of great national reconciliation and proved itself as an example of understanding between the federation and the federating units. In the distribution formula of 7th National Finance

Commission Award, long waited outstanding issues were resolves, such as …―payment of hydel profit to NWFP and the Punjab, a new criteria for distribution of resources, the of distribution of Gas Development Surcharge, also imposition of GST on Services were

427The News, Lahore, 5 October,2016. 428 Report of the National Finance Commission, 2009 http://www.finance.gov.pk/nfc/reportofthenfc_2009.pdf 429White Paper Budget 2010-11 (Lahore: Government of the Punjab, 2010), 109.

187 instantly resolved. In the Federal Divisible Pool, the share of the provinces has been increased to 56% to 57.5%.‖430 It was indeed a great financial strength that the federating units got for their economic development.

The 7th National Finance Commission Award was presented and signed by the federal finance minister by the end of December 2009. Mr. Tarin, the finance minister acknowledged the role of federal government particularly the President Asif Ali Zardari and the Prime Minister Yousaf Raza Gilani over the issue of provincial autonomy and the dedication of the federal government. The finance minister also acknowledged the role of the Chief Minister of the Punjab for being ready to sacrifice some of the share of the

Punjab in the Award. The Chief Minister of the Punjab also acknowledged some of the other factors in the collection and distribution of the resources.431 The Chief Minister of the Punjab said in his speech at the National Finance Commission Award that it was brilliant attempt to remove the reservations of the provinces and it is a point of satisfaction for the federating units that they have their believe and right over the resources of the federation. CM Shahbaz Sharif welcomed the share of the Punjab and in his speech demanded about Nawab Akbar Bugti,s case, the trail of the dictator General

Musharaff.432 It was observed that Chief Ministers of other provinces also welcomed the situation and the distribution of the financial resources to meet the provincial expenditures.433 For the next fiscal year, the 7th National Finance Commission Award was to be implemented. The award also carried the changes of the 18th amendment

430Evaluation Report, The 7th NFC Award: An Evaluation, May 2012, 24,https://www.pide.org.pk/pdf/publications/Monograph/NFC-Study.pdf 431The Daily Dawn, Karachi, December 31, 2009. 432The Dawn, August 05, 2017. 433The Daily Dawn, Karachi, December 31, 2009

188 carried out in 2010. ―The articles of the constitution of the Islamic Republic of Pakistan,

160-165 deals with the financial matters.‖434

Revenue Sharing Criteria in the National Finance Commission Award of 2009:

1-Vertical Revenue Sharing Formula:

In the history of National Finance Commission Award, the previous formulas and sharing of the revenues was based on the population. ―The approach adopted in the 1996

National Finance Commission Award was for the vertical sharing of the Divisible Pool

Taxes was to first determine the national resource picture by clubbing the total resources available at federal and provincial levels together with the borrowings to fill the gap of acceptable/ targeted national budget deficit.‖435 The expenditures were taken into account, discussed and considered, ―all current and development of both of the governments federal and provincial. They were assessed and determined through the process of benchmarking.‖436 It was followed by ―assessing the expenditures, priority expenditures, requirements including defence, debt servicing and the social sector followed by its expenditures were all protected.‖437

“The requirements of the federal and provincial governments all were

also kept in view, this was how the share from the Divisible Pool Taxes of

both 0f the governments federal and provincial, was determined. All the

available amount was the tax and non-tax receipts of the Federal

434The Constitution of thr Islamic Republic of Pakistan 1973. 435Report of the National Finance Commission 2009 (Islamabad: National Finance Commission Secretariat, Government of Pakistan, 2009), 26. 436Ibid., 6. 437Ibid., 6.

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Government and similarly tax and non-tax receipts of the provincial

governments and also the borrowing for the budget deficit.”438

So far as 7th National Finance Commission Award is concerned, its approach was rooted with a premise of the provincial governments ―that most of the development work will be initiated at the provincial level. It was envisioned to ensure results at grass root level of the society. Similarly the responsibility of social sector services will also go in the hands of the provincial governments. Furthermore the needs of the provinces will be addressed on priority basis.‖439

2- Horizontal Revenue Sharing:

The other important issue before the National Finance Commission Award was the decision of ―horizontal distribution of Divisible Pool Taxes. Previously the interim arrangements made in 2006, the distribution of resources amongst the provinces were distributed on the following lines, provincial share minus amount equivalent to 1/6th of sales tax were distributed based on the ratio of population of each province.‖440 The

―amount equivalent to 1/6th of sales tax were distributed based on 50% on the ratio of population and 50% on the ratio of Octroi and Zilla Tax audited collection for the financial year 1998-99. Grants-in-Aid were distributed amongst the provinces of Punjab,

Sindh, NWFP and Balochistan at the ratios of 11%, 21%, 35%, 33% respectively.‖441

438Ibid., 6. 439Ibid., 28. 440Ibid., 29. 441Ibid., 30.

190

Previously, the distribution formula of the financial resources was based on the human resource and population. This formula was in favour of the Punjab as the province was thickly populated. The Punjab use to get more financial shares as compare to the other provinces.442 It is important to mention that rest of the provinces were more backward as compare to the Punjab and attention was needed for their development. For the balanced growth and development and to fulfill for the provinces and also as a good will gesture from the federation, the award adopted a new formula for the distribution of the resources. The factors which were included as variable for distribution were, population 80 percent, inverse population density 2.7 percent, revenue collection 5 percent and poverty and backwardness 10 percent.443 ―The Award also helped to resolve some of the other important issues such as GDS and Hydroelectricity profit.‖444 In this

Award along with population the elimination of backwardness and poverty also became factors and the province of Balochistan claimed share for this. There were three categories through which the National Finance Commission Award transferred revenues.

1. Straight transfer

2. Grants and others

3. Divisible pool445

In the straight transfer the provinces were supposed to be empowered by their own resources through GST etc. The provinces were given the right to collect the tax

442The Tribune, June 13,2013. 443Muhammad Sabir, ―Financial Implications of the 7th National Finance Commission Award and the Impact on Social Services,‖ https://www.researchgate.net/publication/241764991, Accessed on 08.11.2017. 444 Ibid. 445 ―Social Development in Pakistan 2011-12,‖ Annual Review (2012): 52.

191 themselves or through the federal government. The government of the Punjab established the Punjab revenue board for the collection of GST (general sales tax) on various items and services from 2012 onwards. So far as grants and aid is concerned, ―the discretionary powers grant in aid to any province was abolished. Sindh was given grants of 6 billion to balance its 1/6 of the GST in the divisible pool.‖446

As far as divisible pool is concerned, ―it included all the major taxes including income tax, wealth tax, capital value tax, custom tax and taxes on sales purchases, custom duties, export duty on cotton, GST (CE Mode) and federal excise duties excluding the excise duty on gas and any other tax levied by the federal government.‖447 There were many changes introduced in the 7th National Finance Commission Award. The Award reduced from 5 percent to 1 percent the collection charges. The Award also allocated to

KPK 1 percent divisible pool to bear the consequences of the ongoing war against terrorism. Through the constitutional provision as amended by the 18th amendment provincial share of revenue were increased from 46.25% to 56%.448 The 18th amendment suggested ―provincial share should not be less than the previous share. So the provincial share of 56% for the 2010-2011 fiscal year was increased by the ratio of 57.5%.‖449 This also tells us that the share of the federal government was reduced in favor of the federating units. This was a very positive development in the fiscal history of the country.

The provinces of Pakistan were given the right of GST on various services. Considering the backwardness of the province of Balochistan 83 billion rupees will be awarded out of

446Ibid., 53. 447White Paper 2010 Budget, 8. 448AnjumNasim,Agricultural Income Taxation Estimation of the Revenue Potential in Punjab, Working Paper No. 02-13 July 2013, 14. 449 Ibid.

192 the divisible pool.450 It is important here to mention that the share of the provinces was increased to 56 percent, while the province of the Punjab got the share of 51.74 percent out the provincial share of 56 percent. It was also less than the previous share of the

Punjab. According to the facts and figures Punjab gained more share in the National

Finance Commission on population ratio formula451, however the Punjab Chief Minister as a good will gesture towards other provinces sacrificed its reasonable portion of share for the balanced growth of all the federating units.

The exact position of pool and the provincial share were as follows:

In the divisible pool in the year of 2010-11, the provincial share was 56 percent; whereas the federal share was 44 percent. Next year 2011-2012, the share of the provinces was 57.50 percent and the share of the federal government was 42.50 percent.

Similarly in the fiscal year of 2012-2013 the share of the provinces was again 57.50 percent, and the federal government was going to receive its share at 42,50percent.

Taking into accounts the provincial share from the divisible pool and its distribution in the four provinces, the collective formula while considering the various factors tells us the figure and share of all the provinces. The province of Sindh got the share 24.55 in the fiscal year of 2010 to 2011, and it got the similar amount in the next two years. The province of Khaibar Pakhtoon Khaw (KPK) got the share in the fiscal year of 2010-2011 as 14.62 and the same amount in the coming two fiscal years. The province of

Balochistan got 9.09 percent share in the fiscal year of 2010-2011 and continued to get

450Social Development in Pakistan 2011-12, 52. 451Dawn, April 23, 2018.

193 the same share of amount in the coming two fiscal years.452 The share of the Punjab was

51.74 in the year of 2010-2011, and the same share continued in the next two fiscal years.

Considering the fact in the distribution of the financial resources, Punjab showed a gesture of goodwill towards the federation of Pakistan and also the similar feeling of goodwill gesture towards the other federating units. ―The share of the Punjab in the divisible pool from the 7th National Finance Commission Award was 51.74 percent.‖453 It was less than the previous share of the Punjab in the population based distribution formula. The government of the Punjab did not receive any development from the federal government.454 In the federal budget of 2010, the federal government announced 50 percent increase in the government employee‘s salaries.455 The government of the differed with the increment of salaries and told the federal government that the fiscal position of the province did not to this huge amount to pay and the provincial economy can bear the burden of 12 percent of increment in the salaries. Punjab demanded that federal government should change the decision or share the cost with the government of the Punjab.456 Ishaq Dar the Senator of PMLN said the step of 50 percent increment of the salaries would cost 47 billion of rupees457 and it is hard for the provincial economy.458

However the views of the Punjab finance minister different, he said that we do not have any problem in the increment of 50 percent of salaries to the government employees as

Punjab is going to get 70 billion of added amounts of money through the 7th National

452The Express Tribune, Lahore, July 09,2016. 453The Daily Nation, Lahore, May 02,2017. 454White Paper Budget 2010, Government of the Punjab. 455The Daily Dawn, Lahore May 07 2017. 456Punjab to centre about the decision of salaries. The Daily Express Tribute, June 10, 2010, 457 Press Release, March 31, 2016 (PR No. 1560) Ministry of Finance, http://www.finance.gov.pk/releases_mar_16.html. Accessed on 26/05/2018 458The Daily Express Tribute, June 10, 2010,

194

Finance Commission Award.459 The same views also came from a ―senior official of the government of the Punjab that the there is no issue in the increment of the salaries but here Punjab government is not ready to give its credit to the federal government.‖460 The government of the Punjab announced its annual budget of 2010 on July 14, 2010 in the

Punjab provincial Assembly.461 In Punjab budget of 2010, the current ―capital receipts were consisted of 222,049.580 millions.‖462The ―current capital receipts were consisted on Account No. 1, and Account No. 2. In the Account No. 1, it includes the loan recoveries, debt management and advances.‖463 The second account deals with the state trading, cash credit accommodation and the recoveries of investments. The surplus was

328.568 million.464 The Punjab budget comprises the development revenue receipts which include grants from the foreign and the federal donors for the development projects. And the total amount for the development receipts were estimated 3407.450 million.465 Through the federal government, the development capital receipts were dependent upon the foreign loans. The total amount of capital for the development projects was estimated 1259.000 million.466

It is observed that the budget of the government of the Punjab was intended towards developmental projects. There were 196,015 million of rupees allocated for the developmental projects in the provincial budget of 2010. The amount for development in

459Ibid. 460Ibid. 461White Paper Budget 2010. 462White Paper Budget 2010. 463White Paper Budget 2010. 464Ibid. 465Ibid. 466Ibid.

195 the budget of 2009 was 188,743 million.467 There were set of targets and goals set by the government of the Punjab and budget was allocated for the objectives.

These include:

1. To find out the improvement in the delivery of public services.

2. To inquire the equitable balanced growth and development

3. To ensure a balanced investments in all regions and sectors and to give special

consideration to gender.

4. To investigate a social sector coverage for development.

5. To focus on the ongoing developmental projects.468

The government of the Punjab was very focused for the infrastructural development and the Chief Minister was also very concerned and tried to pay a special attention to the socio economic development of the province. The finances of the developmental projects were done through surpluses, provincial contribution, also foreign assistance and loans from the commercials banks.469

The next year, the budget of the government of the Punjab for the fiscal year of

2011-12 came with effect from July 1st 2011.470 As it is mentioned previously, the details of the 7th National Finance Commission Award and through the constitution, the share of

467Ibid., http://www.pndpunjab.gov.pk/system/files/3WhitePaper2010-11.pdf, Accessed on 15.11.2017. 468Ibid., 49. 469Ibid., 43. 470Aisha Ghaus-Pasha, Making Devolution Work in Pakistan, The Lahore Journal of Economics, 17 : SE (September 2012) 345.

196 any province will not be less than the previous share of the province. Here the share of the Punjab was in 2010 was 56 percent and that year of 2011 was increased 57.5 percent.

The government of the Punjab was looking forwarded for the implementation of the 18th amendment. Some of the additional responsibilities were also the province have to perform after the 18h amendment. The budget of the Punjab was presented by the finance minister in the assembly on 10th of June 2011.471 This budget of 2011-12 was presented the by Mujtaba Shujaur Rehman. He was the new finance minister of the Punjab. The previous budget was presented by Tanveer Ashraf Kaira. Kaira was from PPP and was finance minister in the coalition government. The total Punjab budget and its revenue receipts were as follows.

1 General revenue receipts: 654,674,097 million.

2 Development revenue receipts: I,025,000 million

3 Current capital receipts: 286,625,166

4 Developments capital receipts: 18,610,000

5 Total: 960,934,263472

In the year of 2011-12 the province of the Punjab faced graved crises in the power sector. ―The people of the country were suffering in the most difficult phase of power

471Main Contours of the Punjab Budget 2011, A Brief for Members of thr Province Assembly of the Punjab, PILDAT. 472White Paper2011-2012, 2.

197 shortage. The government of the Punjab was of the view the Punjab is not equally treated by the federal government in the power supplies.‖473 So this ―issue was raised in the

Council of Common Interest but no results as the federal government was not taking this issue as serious as the problem was.‖474 During the year the Punjab government reserved

9 billion of rupees for the energy sector. The Punjab government was of the view that

―the desired results had not achieved because of the poor response of the federal government.‖475 The budget of 2012-13 was presented by the Punjab finance minister

Mujtaba Shujaur Rehman in the provincial assembly. This year the province of Punjab was facing a critical situation due to the horrible power shortage crises and floods. The finance minister in his budget speech focused upon the energy crises and said that this issue was ―raised in the Council of Common Interest and the Prime Minister promised for the equal treatment about the load shedding in all the provinces. He said that this promise is not fulfilled.‖476 The finance minister said in his budget speech said that the provincial government is now trying to handle the situation itself. The province of Punjab will generate the electricity at its own resources since it is now constitutional after the 18th amendment.477 He also explained that the private sector will be facilitated by the Punjab government. In his budget speech he briefly discussed some of the projects of the provincial government in the coming fiscal years. He stated in his speech that the provincial government is suffering from serious crisis but at the same time some of the development projects have been completed.478 In short it can be said that the federal

473 The Express Tribune, Lahore, August 01, 2013. 474Ibid. 475The Daily Express Tribune, June 9, 2012. 476Budget speech 2012-13, MujtabaShujaurRehman. 477Aisha Ghaus-Pasha, Making Devolution Work in Pakistan,The Lahore Journal of Economics, 17 : SE (September 2012): 345. 478Budget Speech 2012-13, MujtabaShujaurRehman.

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Punjab financial relations were in a reasonable working position however the public poster of the leadership of both of the ruling parties in the centre and the Punjab was not soft. Particularly the Chief Minister of the Punjab publicly projected a hard stance in throughout of the term of government (2008-2013).

Delay in the Federal Transfers

The revenue of the federal government was progressively at decline during the period of 2008-2013. There were serious issues in the budget making. So it was this situation that the federal government was making delays in the federal transfers of revenues. It remained a source of irritation between the Punjab and the federal government. Provincial budgets in Pakistan are presented after the federal budget and provincial budgets are dependent upon the financial transfers of the federal government.

The Issue of over Draft

Another issue between the federal government of Pakistan and the province of the

Punjab was the over draft in terms of loans. The balance of these loans was different in the record of federal government and the provincial government. It was different on the issue of interest, the federal government and Punjab was different in the description of loan interest and subsequently was resulting into financial issues over the pay back of loans. More to it the federal government used to cut the some of the share from the federal transfer of financial revenues prior to its transfer without taking the government of the Punjab into confidence. Since the balance receipts of the federal loan were different in comparison to the Punjab, therefore it was causing an irritation in the financial relations between the Punjab and the federal government.

199

Net Hydel Profit.

So far as Net Hydel Profit is concerned, it is a payment that the federal government pays to the provinces, relative to their contribution in the national power generation. In the Punjab and federation relation, there was a difference in amount in the balance. The profit of hydel power was different in the record of Punjab and the federal government. Also there were delaying issues in the transfer of the Hydel profit. One may say that it was unpleasant atmosphere as far as financial relations are concerned.

Post National Finance Commission Award Issues.

National Finance Commission Award was passed by December 2009 and the formula of the division of financial assets between the federal government and the federating units was finalized. However it was observed that after passing of the 18th amendment of the constitution many subjects were transferred to the provinces in the concept of provincial autonomy. Now the federal government was of the view that now it is the duty of the provinces to run these transferred subjects. The province of the Punjab was of the view that the National Finance Commission Award was passed before the 18th amendment so the federal government must pay the due amount of these transferred subjects. And these expenditures are the liability of the federation at least for the time being.

These were in short the financial irritations between the federation and the province of the Punjab. These irritations also remained a source of tension between the federation and the Punjab. However ultimately some of the viabilities were arranged for

200 the smooth running of financial relationship. Most of these financial issues were solved by the end of the tenure in 2013.

Conclusion

Before 1971 the main grievance of the people of Bengal against the Federation was the fiscal issues and financial assets which Bengal complained about being given to it as had been apportioned in the Constitution of 1962. It was a very deep concern that the federal government had been adopting the strong centralized policies. This concern became more focused with the passage of time and a sense of being ignored was prevailing in East Pakistan. It was this deep concern that eventually the incident of 1971 was witnessed by the history of the country. Keeping in view the past mistakes the

Constitution of 1973 was framed and thus a balance between Federation and its federating units was created. However, the history of Pakistan can again be divided into kind of regimes namely democratic and military dictatorial regimes. The military dictatorship have dominated the executive authority and thus weakened the democratic regimes by introducing the constitutional amendments and thus balance between the federation and provinces was disturbed and it encouraged centrifugal forces to demand for their appropriate share in the state structure of Pakistan. This led to the uneasiness and chaos in Balochistan especially after the assassination of Akbar Khan Bhugti in 2006 who also was complaining the over centralization of the federation. The history of

Pakistan witness that the provinces complained against the over centralization of military regimes but in democratic period the balance somehow was restored and this exactly happened when the PPP and PMLN formed governments in the centre and provinces in

2008. As has been discussed above that the National Finance Commission is the

201 institution which divides and distributes the fiscal shares and revenues from the federal government to the provinces and it was working neither justly nor appropriately when

Musharraf era came to an end. Though there were numerous irritants between the federation and Province of the Punjab during the period under discussion but two important developments created amicable and more acceptable balance between federation and federating units. One was enforcement of the 18th Constitutional

Amendment in 2010 and the other was approval of the National Finance Commission

Award in 2009.Despite minor political differences the democratic parties under the democratic governments work with better understanding and take decisions with consensus and democratic process. Naturally these democratic values with sound and solid decisions for the betterment of the people always lead to the consolidation of the federal structure and thus naturally country move towards peace and prosperity. This kind of democratic culture evolved when PPP and PMLN came into power and worked with a team spirit from 2008 to 2013. The province of Punjab tried to get benefit from the financial support it got from the federation from 2008 to 2013 and that in fact helped

PMLN to make the Punjab a model province. Therefore, during the election campaign of

2013 PMLN leadership Mian Nawaz Sharif and Shahbaz Sharif presented the province of

Punjab as model province and argued that Punjab model can be applied for the entire country if PMLN is given a chance to win the election in 2013.Therefore people of

Pakistan voted for PMLN and it won the general election of 2013 and Punjab actually became a ground for their main argument and it brought their victory at national level as well. PMLN formed governments after the election at centre along with in the provinces of Punjab and Balochistan. Though resources of the Punjab were rich enough to keep the

202 economic progress at good pace but the better working of federal structure and as a result the federal finance share to the Punjab enabled the province to show outstanding economic development in the province and that in fact is the beauty of improved federal structure. This improved federal structure was evolved because of refined political culture under the democratic governments during the period under study.

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Chapter 6

Main Irritants Between Centre-Punjab

Federal structure in Pakistan has always been evolving and sometimes getting refined shape and sometime vice versa.But federal system during the period under discussion got maturity, due to variety of reasons. It is generally believed that federal structure got improved because the PMLN and PPP respected and honoured the Charter of Democracy signed by both the parties, therefore their mainlyfocused on the policy matter and tried to avoid avoiding petty issues. It was because of their mutual understanding and consensus that they passed the 18th Amendment, and other resolutions and legislations of national and common interests were proved in the National Assembly.

These constitutional and political developments in the centre helped to create better relations between the centre and provinces. However, there were few irritants that were observed from 2008 to 2013 between the federation and Punjab and those irritants weakened the working of the federal structure. Sometime it appeared as if the working relations between the Centre and Province had disturbed if not halted altogether and that effected the socio-economic and political development in the country. The more the federation tried to tighten its grip over provincial matter, the greater was the negative effect it caused on the working of the federal system. The Punjab government under Mian

Shahbaz Sharif took strong stand about some issues, and even he went to that level that the Chief Minister refused to accord official protocol to the Prime Minister of Pakistan which was unfortunate phenomenon and spoil the federal system in Pakistan. Therefore, it is significant to understand the factors that caused irritants between the federation and the Punjab and how both reacted to them and what were the implications of these

204 irritants for weakening the system of federalism during 2008 to 2013. There were following issues, like disagreement about the mode, method and timing of restoration of

Judiciary, to eliminate corruption in the country, to cope with the energy crisis and to address extremism, Memogate, Raymond Davis, Abbotabad Operation, Swiss Account cases and dismissal of the Prime Minister of Pakistan and these main irritants, along with other minor issues, that caused estrangement between the centre and the province.

In the following pages main irritants will be discussed in this chapter to explore, investigate and analyze the working of the federal system from 2008 to 2013.

Introduction

After the restoration of the judiciary, the role of judiciary became hyper active and there is a strong narrative that judiciary under Iftikhar Muhammad Chaudhary came under a phase of strong judicial activism. The general understanding about the period under discussion that federalism turned weak due to the continuous tension between the ruling parties of the center and the province of the Punjab and Punjab was assertive as traditionally we see its role during the period under discussion too. As soon as the judiciary was restored, it took many a cases and decisions those were facilitating the party in power in the Punjab, (details are given in the chapter 3). The details of the cases show that many of the cases were on merit particularly after its restoration by the end of

March 2009, the judiciary took action against the Governor Rule in the Punjab and the government of the under Shahbaz Sharif was restored. Similarly the review petition was taken about the cases and the punishment to Mian Nawaz Sharif made during the days of

Musharraf and the cases were not only declared bogus but punishment was also annulled.

It is a point here that though all this development was going on at one side but at the

205 broad canvas of the country, Punjab and centre not only coordinated but federalism also was strengthened. The judicial activism at one side facilitated PMLN, (due to some court decisions) however this active role could not affected the smooth working of the federation of the country. One can quote examples to prove the point that the judicial activism in the said period though hardened the centre province relationship but at the larger framework federalism was strengthened.

Judicial Activism

The five years of the democratic regime from 2008 to 2013 are also known as a period of judicial activism that affected the working of the federalism. When the PPP took over the Charge of government in 2008, the movement for the restoration of judiciary was on its peak. And ultimately the federal government had to restore the judiciary as a result of long March by March 2009. After this it was observed the role of the Supreme Court became very active and many decisions (most of them were taken against the federal government) came by the Supreme Court. It was a role of accountability against the malpractices made by the PPP government during this reign.

The judiciary was very active during these years and there were also allegations over that judicial activism that judiciary is making conspiracies and supporting a specific party

PMLN. There were lots of allegations and cases went to the Supreme Court about the federal party in power PPP. Most of these cases were about the illegal appointments and corruption in the mega proposed projects. On the other hand none of the cases were made against the 2nd largest party (the ruling party in the Punjab) PMLN. The only one example was about one MNA of PMLN Anjam Aqeel Khan, who was found guilty and money was recovered by the Supreme Court of Pakistan.

206

The judicial structure of Pakistan is working under a hierarchy and every province has a high court including the capital Islamabad. The highest court of the country is

Supreme Court and its decision is considered as final. It is also the duty of Supreme

Court to take notices against any malpractices and illegal judgments of any governmental institution through the Suo Moto action. In the 19th amendment of the constitution, the procedure and structure of the appointment of the judges were changed. It is considered that from 2008 to 2013 the judiciary took its decisions very independently. Relating to governmental issues, the judiciary conducted hearings on many issues and cases. The highest court, the supreme court of Pakistan took Suo Moto actions on many issues of national interest and also of governmental matters.

The Supreme Court of Pakistan was headed by Chief Justice Iftikhar Muhammad

Chaudhry from 2005 to 2013, has been characterized by various ways of development in the constitutional, political, jurisprudence and the explanation of laws. This was also a period of great controversy about the actions of the Supreme Court which generated the debate on the role of the Supreme Court. Despite the emergence of such a strong debate, a detailed scrutiny of the Supreme Court's actions has not been done. ―The jurisprudence of the Supreme Court during the years of Iftikhar Muhammad Chaudhry's tenure generated a strong debate in the judicial history of the country.‖479

The Supreme Court of Pakistan has taken different choices under the Suo Moto caution in the issues of open intrigue. Especially amid the time of 2009 to 2013, the Suo

Moto purview have been as often as possible utilized. During this period all kind of cases

479Moeen H. Cheema and Ijaz S. Gilani, The Politics and Jurisprudence of the Chaudhry Court 2005-2013 (USA: Oxford University Press, https://global.oup.com/academic/product/the-politics-and-jurisprudence- of-the-chaudhry-court-2005-2013-9780199400331?cc=us&lang=en&. Excessed on ) 06.04.2018.

207 were taken many of them were taken under the jurisdiction of Suo Moto ranging from mega projects of the federal government to the prices of commodities and crimes as well.

Investigation was also launched against the Prime Minister and eventually he was disqualified. During this period the Supreme Court of Pakistan also annulled some of constitutional amendments and various commercial deals of the federal government involving foreign investment. The Suo Moto action, though is a constitutional act, but it has its serious implications on the administrative, executive and in the running of the governmental affairs. The treaties and agreements of the government of Pakistan have been affected by the powerful use of Suo Moto action.

From March 2009 till the finish of 2013, legal activism was damaged by visit encounters between the unrivaled legal of Pakistan and other state organizations including the official, the council, the race commission and other government offices.

Amid this time of legal control, the legal was impelled by media free for all about prominent instances of hatred against legislators, civil servants, judges, and columnists likewise, while procedures in instances of standard residents were extremely influenced and were not tended to rapidly.

It is important here to mention that the province of the Punjab supported most of the decisions of the courts, particularly the Supreme Court‘s involvements in the federal governmental issues was appreciated. The government of the Punjab had been showing a very obedient behavior in obeying the orders of the courts, while the situation of the central government was entirely opposite. The federal government was showing a reluctant behavior so far as the decisions of the courts are concerned. It is observed that some of the articles of the 18th amendment were challenged in Supreme Court, the Court

208 gave a very strong observation about the legislature of Pakistan. The Chief Justice of

Pakistan said in the observation, ―It is the duty of the legislature to amend and formulate laws not Judiciary, and our parliamentarians are the best one of the world.‖480

The judiciary, particularly the Supreme Court of Pakistan involved itself in many of the governmental issues and decisions after its restoration in 2009. The issue of corruption is considered a disease for the development of any society. It also badly affects the working of the various institutions of the state. Corruption was not new in the society in governmental affairs and many serious charges of corruption in the past have been observed. Judiciary can observe and can take action about the unconstitutional working of the various institutions for the interest of the state. It is also observed that judiciary play a great role in the accountability. During the tenure of 2008 to 2013 many of the cases relating to corruption came under the observation of the Supreme Court. In these cases some of the government institutions were involved in money making and corruption. These acts of the Supreme Court gave birth to a very strong criticism against the federal government in throughout the country and particularly in the Punjab.

Over the charges of corruption, the Supreme Court took Suo Moto actions against many of the projects of the federal government. One of them was Pakistan Steel

Mill/Corporation. Steel Mill was suffering with the issue of huge losses. It was basically due to the ill planning and mismanagement. ―Around twenty cases were opened about the officials of the Pakistan Steel Mills about the misconduct, corruption and irregularity in the last five years.‖481 In these cases top level senior authorities were included and the

480SUPREME COURT.SMC No.15of2009 A/W CMAs.498-4929/2009 and 1989 and 1998/2010. 481 Corruption cases detected in Steel Mills in five years, The Daily Dawn, Karachi, Februry 7, 2013, 20.

209 cases were yet to determine. ―Some of these officials were died and some were retired in these cases of misconduct and corruption.‖482 It was widely discussed and observed that the Supreme Court of Pakistan became over active in the executive matters of the

Government. It is also described as judicial activism by the top level lawyers of the country. About the national police foundation land another Suo Moto was taken over the charges of corruption. This action was taken over a story discussed in the newspaper the

Express Tribune on 30th January 2011. The article named ‗Secret Probe Implicates MNA in 6 billions scam‘. It was an allegation about a member of National Assembly belong to

PMLN Anjum Aqeel Khan who was the owner of MS Land Linkers company. The allegation was that Mr. Anjum Aqeel Khan took advantage with the support and help of former officers of the NPF (National Police Foundation) and purchased the land. It was due to these arrangements the NPF went in a huge loss and deficit of 6 billion. This land was acquired for a housing society in the federal capital Islamabad sector E-11 for the

National Police Foundation.

As it is discussed earlier that Supreme Court of Pakistan was taking actions against many executive matters through Suo Moto action. Another issue came in discussion and a story was published in the daily ―The News‖ newspaper by the name of

―massive corruption in awarding the contract of supply of LNG”. Through this contract the national treasury was facing huge damage and it was public money for use public welfare projects. The Supreme Court asked for the documents and information to the reporter to bring in. the reporter provided the documents to the court. A letter written by the former finance minister Mr. Shaukat Tareen to the special secretary ministry of

482 Ibid.

210 natural resources and petroleum by February 2010. In this letter all the matter of LNG contract was discussed. The letter also carried the details that the contract was a serious effort for the LNG supply. This matter of LNG in the end was closed as during the proceeding it was observed that the matter was will be followed according to the law. Not any one but all officers were responsible for this project. It was hoped by the Supreme

Court that the Prime Minister will investigate the issue. This issue of LNG was discussed and ―the court hearings continued from 14 April 2010 to 28 April 2010.‖483 Another Suo

Moto action was taken by the Supreme Court about the issues going on the Pakistan

International Airline (PIA). Basically the issue and the irregularities were widely discussed in the print and electronic media. There was also a constitutional petition filled in the Supreme Court by Marvi Memon and Zafar Iqbal Jaghra. The PIA management was called in the court and the court inquired about the huge losses and issues going on regarding the down fall. The court felt the answers of the PIA management irrelevant and unsatisfactory. The officers were also unaware about the issues of the institution. This issue was also ―against the spirit of the constitutional article 14, dealing with the fundamental human rights.‖484

In 2010 another issue of corruption came in the limelight, it was about National

Insurance Company, a public sector organization under the ministry of commerce and the case was about the billions of corruption in the year of 2010. The former Chief Minister of the Punjab and his son was reportedly involved in the whole matter. It was another Suo

Moto taken up by the Supreme Court of Pakistan about the National Insurance Company and the loss of billions of rupees by the national exchequer. The Federal Investigation

483SUPREME COURT SMC No.5 of 2010. 484SUPREME COURT SMC No.9 of 2012.

211

Agency FIA investigated the issue and traced that more than 20 canal of land was sold by a person named Mohsin Habib Warraich to NICL and an amount of 1.6 billion was paid.

The actual amount of this land was estimated 560 million. It was explained in the Court that ―FIA has recovered 84 million from the family of the Mohsin Habib Warraich.‖485

The investigator also claimed that ―the rest of the amount will soon be recovered from the accused people.‖486 This Suo Moto was about the National Insurance Company Limited

―NICL was taken over a letter written to the Supreme Court of Pakistan by the

Transparency International.‖487 In this particular case the chairman of NICL and some of the politicians were found as key persons alleged for the entire case of corruption. Monis

Ellahi, the son of Pervaiz Ellahi, ex Chief Minister of the Punjab was among the accused.

He helped for the accounts, the transfer of money and the statement of the manager

Muhammad Malik for the help to Mohsin Warriach.488 Since Monis Ellahi was one of the main accused, he presented himself and appeared in the court and eventually he was taken to custody by FIA on 17th of March 2011. ―Investigations were done through judicial remand; ultimately he was freed and declared innocent on October 21, 2011, by the Court.‖489 The final decision of the Supreme Court came by 22 November 2013. The

Court ordered actions against all the involved persons and also gave directions to ―the

National Accountability Bureau NAB to take action against its Chairman. Mr. Qamar

Zaman Choudhary, the chairman NAB, who was found involved in the whole scam.‖490

Here now the issue was that NAB will follow case against its chairman. The Chairman

485 NICL Supreme Court Sandal: Land Bought Thrice Than its Value The Daily Express Tribute, Lahore, March 5, 2011. 486 Ibid. 487The long list of cases that CJ took and saved billions for Pakistan, International the News, June 12, 2012. 488Ibid., October 22, 2011. 489 Ibid. 490 NICL Case Verdict: Supreme Court Orders Action Against the Top Officils, The Daily Express Tribute, Lahore, November 23, 2013.

212

NAB was also accused for the transfer of zafar Qureshi, the interior secretary. This issue likewise influenced the examination procedure. ―Court likewise called attention to those individuals who were associated with the exchange of Director General FIA Zafar

Qureshi. Qamar Zaman, foundation secretary Abdul Rauf Choudhary, Principal secretary of the Prime Minister Khushnood Akhtar Lashari and previous FIA Director General

Malik Muhammad Iqbal were additionally associated with the exchange of Qureshi.‖491

During the case hearings it was observed that before the transfer of Zafar Qureshi some of the amount was recovered but that process of recovery as hanged as soon as he was transferred.

Amid the case procedures the court additionally brought up about the arrangement of NICL Chairman Ayaz Khan Niazi and gave comments of non straightforward, illicit and ridiculous.492. The Court likewise brought up the general population who were engaged with this arrangement of NICL Chairman Ayaz Khan Niazi.

―These incorporate Qamar Zaman Choudhary, clergyman of business and exchange

Mukhdoom Amin Fahim, the secretary of trade Suleman Ghani, the secretary of foundation Ismail Qureshi and furthermore the acting essential secretary of the Prime

Minister Nargis Sethi.‖493

Coordinated NAB to take these claimed people and the move would be made by

National Accountability Ordinance 1999 under section 9(a).494 So one can see that the

Court established cases against those who were involved and further ―ordered NAB to

491 Ibid. 492 Ibid. 493 Ibid. 494 Ibid.

213 take actions, arrest and recover money from them.‖495 Another famous scandal came in the limelight during the federal government of PPP tenure and that was about the Hajj.

All the arrangements come under the ministry of religious affairs. Hajj corruption scandal came in news after the reported situation of pilgrims in Saudi Arabia in the year of 2010.

The minister of religious affairs was found involved in Hajj corruption scandal and was reported for charging extra 5000 from each pilgrim. The Supreme Court of Pakistan took another Suo Moto action over the information and allegation another minister of the PPP

Cabinet Mr. Azam Sawati, the minister of science and Technology. ―Azam Sawati put strong allegations of corruption to the minister of religious affairs in the whole planning of pilgrim.‖496 The case came in the court and investigation was conducted. This case of corruption was extended and prolonged for a period of three years. It is said that the case was interrupted by the ruling party. The final decision came after the completion of the tenure of PPP government.

The minister of religious affairs, Mr. Hamid Saeed Kazmi was arrested in March

2011 and eventually was released on 26th August 2012.497 Mr. Saeed after releasing from the jail stated that ―he is innocent and was just waiting for the justice.‖498 In its order the

Supreme Court of Pakistan ordered FIA the Federal Investigation Agency to investigate and take strict action against all those who were doing this corruption. The court further ordered that the money must be returned to the pilgrims who were 25000 in number. The amount was 470 millions of rupees which was supposed to be returned to the pilgrims.

The Court further ordered that a strict action against all those who were involved in this

495 Ibid. 496The Daily Dawn, Karachi, December 6, 2013. 497Ibid., August 27, 2012. 498 Ibid.

214 scandal must be taken. The Court accused and asked for action against the politicians, government officials, the tour agencies and all those who tried to stop the investigation.

Minister of religious affairs, Mr. Hamid Saeed Kazmi was not the only one involved in this but the court also accused the government officials and the even the former Prime

Minister Mr. Yousaf Raza Gillani. In the final decision the Court said that the government must announce in the proper way, a guideline for the pilgrims. The Court said that in the investigations ―it is found that an additional amount of 700 Saudi Riyals was asked from the pilgrims to pay for the accommodation, the pilgrims suffered as they were unable to pay this amount while they were in Saudi Arabia.‖499

In this case, during the investigations many other accused came out who were involved in this entire making money project. The brother by marriage of Hamid Saeed

Kazmi, Malik Abdullah Mahmood Khokhar got money of 200000 from Raja Tariq

Mahmood for giving Hajj add up to 110 people over the portion of 2.2 million for 20 thousand each person.500 The decision of the Supreme Court declared that Zain Iftikhar

Sukherra was a close family friend of Yousaf Raza Gilani, it was due to this connection that he was appointed as consultant in the 20th grade in the ministry of information technology. The Supreme Court declared that Yousaf Raza Gilani was involved in this whole story. In the decision ―the Supreme Court ordered for the comprehensive investigation over the appointment of Rao Shakeel as Director General Hajj and all those who were involved in the appointment process.‖501 The Supreme Court also ordered that

499 Ibid. 500 Supreme Court Gillani, Kazmi in Hajj case, Ibid., December 7, 2013, 501 Ibid.

215 the money should be returned back to the pilgrimage and also asked for strict actions against those who were involved in this mega scandal.

Another famous case known as Asghar Khan case, it was filled on the basis of human rights in the Supreme Court of Pakistan. The case No. was 19 and it was registered in 1996 in the Supreme Court. This famous case was brought to the court by

Air Marshal Rd. Aghsar Khan. The final decision of this Aghsar Khan case came in 2012.

This case was about the distribution of millions of rupees to political parties and politicians in the election of 1990. The prime objective was to counter PPP in the election of 1990.502 The people who were accused in the case were mostly army officers including the chief of ISI (inter services intelligence) Lieutenant General retired Asad Durrani and former Chief of Army Staff General Aslam Beig, Mr Younis Habib was also found involved in the whole money distribution process.503 In the detailed decision of the

Supreme Court of Pakistan in November 2012, the Court ordered the Federal

Government to take action against the involved individuals including General retired

Aslam Baig and Lt, retired Asad Durrani for misusing the public money on political motives.504

In the Aghsar Khan case political parties and politicians were facilitated against

Pakistan Peoples Party PPP by the establishment. In the decision it was found the details of the amount that the politicians received to gear up against the PPP. ―In Punjab Nawaz

Sharif received 3.5 millions, Lt. General Retd Rafaqat received 5.6 million for media,

502 The detailed judgment of Aghsar Khan case Ibid., November 9, 2012. 503Daily Pakistan Observer, October 24, 2012. 504The Daily Dawn, Karachi: November 9, 2012.

216

Jamat e Islami 5 million, Syeda Abida Hussain one million, Altaf Hussain Qureshi and

Mustafa Sadiq 0.5 million and some of the smaller groups 3.339 million.‖505

Energy shortage was one of the grave crises during these five years from 2008 to

2013. It affected every corner of the society. Many of the industries were shut down due to energy crises and it was badly hitting the economy of the state. The government tried to took some of the steps to control the situation regarding electricity. Since it was also in the manifesto of PPP and other leading parties to overcome the energy crises and give a boost to industry for the generation of employment. Two initiatives were taken by the

Punjab government for the power generation in these critical years. These were Nandi

Pur power project and Chichoki Malian power project. Nandi Pur was suppose to generate 900 mega watt and Chichoki Malian was of 450 mega watt. After the 18th amendment provinces were also given the authority of power generation. It was a matter of joint concern through the Council of Common Interest after the 18th amendment. And if the federal government wants establish some power project in any federating unit

(province), it was mandatory to discuss and consult the provincial government of that respective province.

There two power projects were which were initiated by the government of the

Punjab with the collaboration of the Chinese company could not completed within the due date. The expectation of the Punjab government of overcoming the energy shortage was not fulfilled. Not only the due date but also the term of the government was completed in 2013 but projects were pending. There were ―some hurdles considered

505Ibid.

217 illegal on the part of federal law ministry which kept the project pending.‖506 Originally

―the cost of Nandipur power project was 325 million dollars and it was supposed to be completed in April 2011.‖507 Similarly ―Chichoki Malian power project was planned at a cost of 354.5 million dollars.‖508 The government of the Punjab took this issue to the

Supreme Court and the Court formed a commission over the matter. After investigations the commission formed its report and the report was presented in the court. ―The

Supreme Court further ordered to the government to take action against accused.

However there was no fruitful outcome of the issue.‖509 The project of Nandipur was signed between PEPCO and a Chinese company Dongfand Electric Cooperation Limited on January 28, 2008. It was observes that the project was delayed due to various hurdles by the federal ministry of law, though ―the project was approved by all the concerned departments including the Economic Cooperation Committee and the Cabinet

Division.‖510 It was observed that ―these projects delayed were delayed and it was a 20 million loss.‖511 The machinery suffered due to delay at the Karachi Airport. This issue was raisin by the chief Minister of Punjab Mian Shehbaz Sharif in Council of Common

Interest(CCI). The government of Punjab demanded strict measures against all those who were involved in this delay and called it economy murder. The Chief Minister of the

Punjab also said that it was a conspiracy against the Government of the Punjab and involved persons have created hurdles on the way of progress. The Chief Minister explained that the entire province is suffering, the industries, business and every

506Shahbaz Supreme Court rambles to bring 2000 MW online nine months, The News International, May 27, 2013. 507 Ibid. 508 Ibid. 509 Ibid. 510 Ibid. 511 Ibid.

218 individual is suffering from these crises. The government of the Punjab was considering that worse kind of load shedding as a conspiracy. The Punjab government was of the view that the province is hard hit and suffering more in the crises of load shedding.

Keeping in view the PMLN and PPP as the traditional opposite parties, the government of the Punjab was of the view that the federal government do not wish to see the progress of the province. So this act of non cooperation on the part of federal government was taken as a conspiracy by the PMLN government of the Punjab. It was observed that both of these projects remained uncompleted and the term of office of the government was completed. ―The government of the Punjab also requested that the owners of the sugar mills to generate electricity by bagbasse.‖512

It can be rightly said about our political culture that the ruling party tries to fix the leadership of opposing party by indulging them in cases and courts. In this term of democratic government there were some developments particularly the in the constitutional sphere, the historical 18thamendment was included in the constitution.

There were some failures of the government and the government could not do anything constructive in the field of power sector, increasing terrorism and the situation of economy. There was also a strong allegation of corruption on the politicians and the top level bureaucrats during this term of government. Head of many institutions were found involved in corruption. One can find a strong judicial activism during this term as well and recoveries were also made in some of the projects.

Amid this term of government the Supreme Court of Pakistan took various Suo

Moto activities against the decision PPP government. The Supreme Court likewise led

512 Ibid.

219 hearing over different petitions of people against the government. The Court likewise requested the examinations against the different cases amid this period. This movement of legal activism was seen after the rebuilding of legal in March 2009. The Supreme

Court of Pakistan likewise found that the working of the different establishments of the state is being made hampered because of the wrong arrangements made by the central government. The legal made a move against the unlawful arrangements made by the administration. Requests were given for activities against the individuals who were associated with these non justify based arrangements. In spite of the fact that obstacles were made by the administration authorities in these examinations. Leader Yousaf Raza

Gillani was indicted by the Supreme Court of Pakistan; he was the ever first Pakistani

Prime Minister who was sentenced amid his term of office. In these emergencies between the Supreme Court and the national government, the restriction parties were remained by the side of the Court and furthermore requested abdication from the Prime Minister.

There were two primary issues over which the resistance parties were requesting renunciation from the Prime pastor, one was to take after the requests of the Supreme

Court and compose letter to the Swiss experts, as coordinated by the Court against the

President and the other was charge of debasement with a state of center that the spouse of the Prime Minister had taken advance from the Agriculture Bank of Pakistan and the

National Bank of Pakistan and the these credits were not returned back. As a lawful issue people in general holder and his family, if is defaulter from any bank, isn't qualified for the workplace. So there was part of weight on the Prime Minister Yousaf Raza Gilani in the most recent year of PPP government. Additionally the issue of composing letter to

220

Swiss experts was really implied that all instances of debasement ought to be opened against the President.

There was a petition filed against the ―Prime Minister Yousaf Raza Gillani in the

Lahore High Court about the loan 380 billion‖513, which was taken by his wife from

Asian Development Bank and national bank of Pakistan and was not returned back. The court acknowledged the request and proceedings were started. ―Notices to both of the banks and the Attorney General were sent and the case started by 11 April 2012.‖514 The

Deputy Attorney General was ―summoned in the Court and the petitioner was of the view that a person who had been involved in the massive corruption, how could he hold a public office.‖515 There was debate in the Court about the disqualification of the Prime

Minister and the Deputy Attorney General was of the view that the Court does not have the power, it the Election Commission of Pakistan who can disqualify the Prime Minister.

The petitioner said in the Court that the Court has all the power to hear the petition and disqualify the Prime Minister.516 ―The case was all proceeded and the court gave the hearing date on 26 April 2012 and called the federal Law Minister and the deputy

Attorney General for assisting court in the petition.‖517 It was observed that the Chief

Justice of Lahore High Court Shiekh Azmat Saeed excused from this case and case was sent to Justice Umer Atta Bandial.518 The case was adjourned and ―the hearing date was

513Pakistan Today, April 12, 2012. 514Ibid., March 28, 2012. 515Daily Pakistan Times, Lahore, April 12, 2012. 516The Daily Dawn, Karachi, April 26, 2012, 517Pakistan Today, April 12, 2012. 518Ibid., April 17, 2012.

221 given May 30 and petitioner was also asked to complete the arguments by 30th May

2012.‖519

On the other hand the Supreme Court of Pakistan gave it decision against the

Prime Minister of Pakistan, Mr Yousaf Raza Gillani and punished the Prime Minister for ridiculing the Court. The 7 members bench of the Supreme Court headed by Justice

Nasirul Mulk and the case regarding contempt of Court continued for 3 months.520 The decision was of the Supreme Court was as follows:

“For the reason to be recorded later the accused Syed Yousaf Raza

Gilani, prime Minster of Pakistan Chief Executive of Federation, is found

guilty and convicted for contempt of court… after our satisfaction that the

contempt committed by him is substantially detrimental …and tends to

bring this court and judiciary of this country into ridicule…We note that

the findings and the convention for contempt of court…are likely to entail

some serious consequences in terms of Article (63)(1G) [disqualification]

of the constitution….”521

He is, in this manner, rebuffed under area 5 of the constitution, (discipline) of the disdain of court Ordinance (statute v of 2003) with detainment till the ascending of the court today. After the perusing of this judgment arrange the judges were to go from the court and the Prime Minister's lawful advocate attempted to pull in the judge yet all futile, so when again the court was suspended then they issued choice which is

519Ibid., April 17, 2012. 520 Down But not out, The Daily Dawn, Karachi, April 26, 2012. 521 Ibid.

222 underneath; The respondent showed up close and personal with his informed understanding. The short demand go in the matter of disdain of court was scrutinized out in open court. Starting their forward, the respondent convict remained in the expert of the court till his release in the wake of climbing of the court for the day.

After the choice "Mr. Atizaz Ahsan favored for appeal to against the judgment and conviction." The conviction was gone on for 37 seconds. Beside all that, the conviction was too short and Prime Minister concurred the conviction, But it opened the law exchange that whether the Prime Minister was expelled or not. An extremely warmed civil argument stimulated over this issue, and the main PPP pioneers, legislators, legal advisors and individuals were against this choice and censured the Apex court choice and deciphered that the choice that the head administrator was not excluded. As the PM must be blocked after the parliament, speaker of national get together and Election commission and past Prime Minister declined to take off. Then again resistance parties requested renunciation from the Prime Minister and cautioned the Government for the execution of the choice of the pinnacle court. Habitual pettiness began after the choice of Supreme

Court. Restriction parties faulted to the Government and professional PPP parties faulted to the resistance. Previous Prime Minister Yousaf Raza Gilani said that he was picked parliamentarian could be cleared directly through the Parliament. He said that he had not done anything incorrectly. He was condemned on the issue of forming a letter to the

Swiss Government against Asif Ali Zardari. He tried the limitation social affairs to bring vote of no assurance against him, ―this is the principle way and parliament can just blocks me.‖522 Interior Minister Rehman Malik also said ―we are very clear and the Prime

522Ibid., April 27, 2012.

223

Minister is our leader. No one has the right should to do anything regarding this matter.‖523

PMLQ president Shujaat Hussain expressed that in the decision the preclusion of the Prime Minister isn't said. He additionally pointed the finger at PMLN pioneers have not learnt anything from their past encounters and hatred of the court ought to have forced on them, they had assaulted Supreme Court. PMLN's pioneer Nawaz Sharif stated,

PPP should regard the choice of court else they will utilize all other choice like challenge, long walk et cetera. He additionally said that all devoted individuals of the nation would dissent for law and autonomy of the legal.524

Opposition leader Chaudhary Nisar said that the ―Speaker Fahmida Mirza has also violated the law.‖525 While attending a press conference Nawaz Sharif answered question of the equivocalness in the court choice ―don't one make the issue convoluted and said that he didn't compose a letter to the Swiss specialists against the president with the goal that's the reason he was being rebuffed and ―such individuals ought to be punished‖526. He said that there was ―no individual enthusiasm for the preclusion of head administrator yet its about standards.‖527 PMLN demanded the resignation of Prime

Minister and likewise PTI and its chief Imran khan also demanded of the resignation of

Yousif Raza Gilani. He tested the choice of speaker of the National Assembly in the

Supreme Court about Gilani's appeal. Imran Khan expressed that if the choice of

Supreme Court isn't regarded the 'torrent' will walk to Islamabad. At the point when court

523 Ibid. 524 Ibid. 525 Ibid. 526 Ibid. 527 Ibid.

224 conveyed its choice a solid restriction was propelled by the backings of PPP, they propelled challenge in various urban areas of Pakistan against SC choice and for the

Prime Minister. PPP administration faulted legal because of its decision; they were of the view that PPP has battled for the autonomy of legal and they had given a great deal of penances for it.

Opposition parties and leaders demanded that Prime Minister must advance down and new race ought to be led for the workplace of Prime Minister who will compose letter to Swiss specialist and said that sentenced leader still in office was against the pride of parliament .when tending to the examination accomplice of the Government, they asked to what extent the assemblage accomplice will shield debasement emblezzment.

While discussing the challenge of various urban communities they said that they couldn't shield themselves from the responsibility by along these lines. Shahbaz Sharif likewise expressed that the court choice ought to have actualized, on the off chance that it has not been executed it would be against the pride of constitution and majority rule government.

He portrayed as ―opposed to squandering vitality on ensuring the cash pillaged through debasement has strived for taking care of issue of poor people.‖528 Exactly when the case was presented before the speaker of the National Assembly for review neither she block the Prime Minster nor suggested the case to the Election commission of Pakistan. Two particular social affairs PMLN and PTI tried the choice of the speaker and filled freely two petitions in the Supreme Court.

A reference against the Prime Minister was submitted in the Election commission of Pakistan for his preclusion as an individual from the parliament. Chaudhry Mureed

528 Ibid.

225

Hussain promoter and ―Ahmad Bajwa advocate submitted the reference in Election commission. They expressed that the P.M being rebuffed by the Supreme Court moved toward becoming non obscured for holding open office.‖529

The Prime Minister's legal counselor "Aitzaz Ahsan said that lone the speaker of

National get together could preclude head administrator." Petitions were submitted against the choice of the speaker of the National Assembly completed the prevention issue of "Syed Yousaf Raza Gilani and declined to send reference to the Election commission of Pakistan about the rejection of Yousaf Raza Gilani as a person from parliament so the court coordinated hearing on 14, 15,18 and 19 June 2012.‖530 A three seat headed by Iffitikhar Muhammad Chudhary and would was settled on to hear the choice made by the 7 part seat, it was additionally an astonishing thing for some individuals. That a three-part seat would audit the choice made by 7 individual seats. The court issued the choice on 19 June 2012 and the masterminded finally rejection of P.M

Yousaf Raza Gilani for being barred after the conviction by court on 26 April 2012. The point by point judgment of the Supreme Court arrange as underneath:

As a Bench of Honorable judges vide judgment dated 26.4.2012 took after by the quick and dirty reasons on 8.5.2012 has found Syed Yousaf Raza Gilani reprehensible of scorn of court under Article 20(2) of the constitution of the Islamic Republic of Pakistan

1973 read with section 3 of the despise of the court Ordinance, 2003 and denounced him encounter confinement till rising of the Court under portion 5 of the said Ordinance, the conviction has achieved conclusion. Thusly Syed Yousaf Gilani has ended up being

529Pakistan Today, May 10, 2012. 530The Daily Dawn, April 27, 2012.

226 blocked from being the date and time of announcement of the judgment of this court dated 26.4.2012 with all results i.e he has in like manner ceased to be the head director may be thought to be unfilled as necessities be.

―Election commission of Pakistan was required to issue notice of exclusion of

Syed Yousaf Raza Gilani from being an individual from the Mjlis-e-Shoora w.e.f.

2012.‖531 The President of Pakistan was required to make ―fundamental strides under the constitution to guarantee continuation of the fair procedure through parliamentary arrangement of the Government in the nation‖.532

Toward the end, the Court expressed profound gratitude to every single scholarly individual for giving help with the request. The Prime Minster was precluded and was halted to play out his obligations. New Prime Minister Raja Pervez Ahsaraf was chosen by the National gathering. Right off the bat, he denied to compose a letter to the Swiss

Government at the end of the day he composed a letter and matter was reached an end.

Punjab confronted the Governor Raj amid this period, when Shabaz Sharif was precluded because of the seat, he was won from 2 seats and he covered one of them so on this record Court excluded him, yet soon the court restored its choice and Shahbaz Sharif was reestablished its seats. PPP the decision party found a way to frame wide based organization together with MQM. PMLN additionally opposed and the appointee

Chairman for usage commission of the eighteenth Amendment surrendered from the execution commission and expressed 'because of such political advancement now the gathering has no motivation to proceed with it portrayal. Legal assumed an essential part

531SC, Constitution, 40,41,42,43,44,45,46,47,50 of 2012. 532The Daily Dawn, April 27, 2012.

227 for the responsibility of the Government and the general population was associated with debasement from them the cash was recuperated, Judiciary stayed dynamic in 2008 to

2013. In spite of the fact, that it confronted assertion that its choices were supportive of

PMLN.It was general perception that PPP was involved in corruption cases and faced investigations process. They were found involved in various kind of corruption, they interrupted investigation process and also were involved in the illegal appointments etc.

On the other hand the party in opposition at the federal level and ruling one at Punjab level was not found involved and no cases as such were filed against PMLN. The only one example was about one MNA of PMLN Anjam Aqeel Khan, who was found guilty and money was recovered by the Supreme Court of Pakistan. Pakistan was confronting various challenges ranging from internal to international problems and pressures in the period under discussion. These challenges had a very strong impact on the federal structure and the centre Punjab relationship.

Restoration of Judges

The crisis of judiciary was one of the corollaries of the political fight between the president General Pervaiz Musharrif and the CJ of the supreme court of Pakistan, which resulted in the dismissal of chief justice Iftikar Muhammad Chaudhary from his constitutional responsibilities in Pakistan. The changing of the government after the election 2018 new government of president Zardari came to power who reinstated the sacked chief justice after a great hue and cry and pressure from inside and outside of the country. The long march and the political pressure from various quarters compelled the government to restore all the judges of Supreme Court to the original place.

Consequently, on 16th March 2009 at last, the demand of public materialized in the form

228 of restoration of judges of Supreme Court. It is tantamount to saying that media role was conspicuous in all that struggle which cannot be underestimated. It received high outrage in local and international media. For them it was struggle to protect democracy in

Pakistan and to avert the anti-democratic moves of dictatorial regime. Eventually, the media, the public and the democratic parties successfully won this battle.

Having said that, the bone of contention of this issue was the tussle between the

Chief Executive General Pervaiz Musharif and the chief justice of Pakistan Iftikhar

Muhammad Chaudary which resulted into the dismissal of the later. It was started on march 9thNovember,2007 which caused certain constitutional challenges in Pakistan. The case of chief judge was sent to the judicial council which is the supreme body to adjudicate such cases regarding judges. The cases often sent are pertaining to malpractices and illegalities while conducting constitutional duties. On 20thjuly 2007, through the historic decision of supreme judicial council judges were restored to their respective places. Consequently, nation as a whole celebrated this victory. But, soon after a new development took place in which on 3rdof November 2007, President of Pakistan by using his special powers again dismissed all the judges of the supreme court of

Pakistan including chief justice. He appointed new judges and new chief justice of

Pakistan. There was again protest by the lawyers and civil society throughout the country.

The central point of the national wide protest was again for the restoration of judges which later shaped as election campaign of many political parties in 2008 elections.533

In 2007, the APP(111) announced that Benazir Bhutto was invited by supporters with uproarious trademarks at the air terminal. She was remaining in her plane for a long

533 Pakistan‘s Suspended Justice, The New York Times, May 15, 2008.

229 time and after that she was headed to her habitation in Karachi. She was joined by her many supporters. By November 8, 2007, Benazir Bhutto was constrained for house capture by the administration of Pakistan. Previous PM at that point stated: Forcing crisis is another type of psychological warfare.

Mr Javed Hashmi, the leader of PMLN will now be taken to jail, stated:

Individuals will win. Commanders will lose. They need to surrender.

There was a story in the Guardian on 23 November 2007 that Mian Nawaz sharif would come back to Pakistan after the ruler of Saudi Arabia have supposedly disclosed to

General Musharraf that they couldn't keep him in Saudi Arabia. So Mian Nawaz Sharif returned and arrived in Lahore on 25 November 2007 out of a Saudi air ship. He was joined by his significant other, khulsoom Nawaz and more youthful sibling Shahbaz

Sharif. On his entry to Lahore, he was warmly invited by the supporters of his city

Lahore, Mian Nawaz Sharif routed to the supporters numerous time in that inviting rally.

He stated that He wishes to reestablish majority rules system from fascism, however did not state whether he would boycott the decisions in January. Neither did Bhutto, yet she had as of now field assignment paper. Sharif recorded assignment papers the day after his arrival, yet said that he would not fill in as leader under Musharraf.534

Imran khan the former cricket star turned politician was held under house arrest soon after these protest subsequently escaped a student rally in Lahore. Imran Khan was detained by the students of jammat-e-islami. He was arrested by police on charges of terrorism and raising the slogan ―rise up and overthrow‖ the government. Imran Khan

534 The News, November 12, 2007.

230 was released on 21 November 2007. In this tense environment he boycotted the general elections scheduled in January 2008.

In this environment all the political parties were using slogans to gain the sympathies of the voters against the dictator.535 After the elections of 2008 the parties who came in the parliament promised to restore the judiciary. There were also slogans to get rid of the vicious policies of the dictator and to create unity. The new government was established in a coalition with PPP as a majority party in the parliament. Seemingly, N league was adamant to the cause of judiciary and any compromise on this issue was out of question. Unlike the coalition n league, ppp was reluctant to restore judiciary.

Resultantly, N league resigned from the coalition government owing to the policies of

PPP towards the judicial crisis. They joined the opposition benches in the parliament.

During the mean time some of the deposed judges were restores/reappointed by the PPP government excluding the chief justice Iftikar Muhammad chaudary. Newly appointed judges took new oath of the new parliament and the constitution of Pakistan. All ―this reluctance was from the side of President Zardari who denied the restoration of the chief judge.‖536

Amid the adamant and reluctant attitude of government towards non restoration of

Chief Justice the lawyers movement continued with greater zeal. Apparently government dealt with the situation unconstitutionally which bore various constitutional challenges.

Although government made various false promise prior elections but did nothing in this context after winning the elections and emergence as majority party. The declaration of

535The Daily Dawn, May 10, 2007. 536Ibid., May 10, 2008.

231 an established bundle for the rebuilding of legal was completely dismissed by other political gatherings as just a political stretch. The then law serve Farooq H Naik, said that the legal couldn't be reestablished illegally and hence, the most ideal path forward was to present an established bundle. As per him, rebuilding through the national get together by methods for a basic determination would be illegal.537

The justification of lawyers was crystal cleared according to their view point the judges were still in oath and there was no need of any fresh oath. For them the judges who took fresh oath under new setup are unconstitutional and they had betrayed the lawyers community. Moreover, for them the formula presented by the law minister was to bluff the nation and it main mission was to exclude the deposed chief justice Iftikhar

Muhammad Chaudhary. The reinstatement of justice iftikhar Chaudhary a lot for the government. The fears of judicial activism for them might be the real hurdle in the ways of PPP government illegal polices which later happened. A powerful judiciary was seen suspiciously by the PPP government that‘s why the rulers were not in mood to restore the chief judge. It was a general perception that a conspiracy was being hatched against the restoration of justice Iftikhar Mohammad Chaudhary, as the government of PPP had refused to reinstate him. It was believed that the restoration of Justice Iftikhar would strengthen all the judicial structure, and the government was showing a visible reluctance towards the independent of the Judiciary.538

The Bhourban declaration of political forces was directed towards restoration of judiciary through resolution in parliament and through executive order. The time frame

537 Barbara Plett, Lahore Welcomes Ousted Judge, BBC World News, May 6, 2008. 538 Ibid.

232 announced soon after the Bhourban covenant was given 30 days. No details and no other modalities were left behind. A constitutional package was presented comprising of 62 constitutional amendments by one of the party. On this package there was no public debate as made. So much as the whole developments were outreached to the other political parties other than the two political parties. Parliament was kept in dark over these agreements and consensus based commitments. The reality is that in every democratic country amendments and other constitutional practices are brought in parliament for discussion prior passage. But unfortunately, no such happening had taken place after the Bhourban declaration.539

Considerably, amendments are the main essence of constitutionalism and done to cope with the growing circumstances. Amendments have always been part of democracies through history. Every country in the world has amended its constitution to meet the growing demands of the masses. Parliament is the sole body in any democratic setup to put forward any amendment on the basis of consensus and compromise.

Moreover, any unconstitutional mean to amend constitution is rejected and considered as encroachment. ―A sin is something which you do not like sharing with people or doing it in front of people.‖540

Many in Pakistan and abroad sensed the proposed package of PPP as eyewash in order to deceive the public. It was not aimed to solve any problem. The persistent and consistent resistance of government on the issue of restoration of chief justice continued.

During the protests and widespread demonstrations caused huge destructions to economy

539 Ibid. 540 Ibid.

233 and further deteriorated the already crumbling situation. The devaluation of Rupee and tainted image of Pakistan resulted in this filthy scenario. ―If the restoration of judges had been achieved the first day, or at least the second or third day, the country would have been in a better position to cope with other very serious problems.‖541

The future of federation of Pakistan was at the state in the midst of these constitutional and judicial crisis. Judiciary is not only considered as the guardian of constitution but also as the supreme arbitrator on the issues of federation which arise between federal units and central government. The ongoing judicial crisis was in fact a bad omen for the survival for a strong federation. There was dire need of a ―strong judicial system which was essentially missing; restoration of the judiciary is intrinsically linked with its independence and certainly it was vital for the country.‖542

Civil Military Relation and the Appointment of Chiefs

Prime Minister of Pakistan appointed the three chiefs and the high ranks of

Military with the consultation of the President. Similarly the Chief of the Staff

Committee‘s appointment was also in the similar manner. Through this provision of the executive became authoritative over the military. In 2008 the National Security Council was also dissolved which was created by General Musharraf. The National Security

Council used to exert pressure in the public affairs. This council was dissolved by PM

Yousaf Raza Gilani on 28th November 2008. Though it was observed that the body was only symbolic and never seen using its influence. So there was no as such reaction,

541 Ibid. 542 Ibid.

234

―…however it did not mean that it had renounced control.‖543 General Kiyani was given three years of extension on the will of army through the President. One can see that except that extension in the service of the army chief, (constitutionally only Prime

Minister can give extension) on rest of all governmental matters general Kiyani‘s influence remained on the civil government. Army was not at all weak after Musharraf, as some of the observers believe. In this tough environment and the execution of the civil executive matters, PMLN the 2nd largest party in the parliament did not provide any cushion to the PPP federal government for strengthening the civilian supremacy in the country. PMLN being the ruling party in the Punjab kept itself aside in dealing with the pressure of military on the federal civil government. This may also called a strained relationship that effected the centre-Punjab relations during this tenure of government.

Corruption

Corruption is an illegitimate act and it has various dimensions. Corruption is one of the biggest issues of third world countries. Pakistan is a corruption riddled state and very prone to corrupt practices owing to the shaky accountability institutions. It has been characterized in different courses for instance straightforwardness global characterized it as the abuses of depended control for private pick up. This is an expansive definition that can incorporate a scope of open and private degenerate practices. This restriction amongst society and the individual, or between the general population and private circle, is to be found in many meanings of debasement. Just a little gathering of individuals in the rudder of the issues are getting a charge out of the bounties debasement in Pakistan.

All things being equal, most scholarly talks on debasement will recognize little scale,

543Christophe Jaffrelot, Pakistan Paradox, Instability and Resilience, 264.

235

―vast scale or individual defilement and foundational defilement, which one can discover on a bigger scale in the whole nation.‖544

The international watchdogs have presented a very dark picture of corrupt practices in Pakistan. As indicated by the defilement discernments file arranged by

Transparency International, Pakistan is the 34th most degenerate nation out of 178 assessed, slipping eight spots from its past positioning. The administration's reaction has been to play down the report and feature issues in the philosophy.

Despite the fact that the occupant government restricted the report of

Transparency International on different grounds however media very spotlighted the wrong doings of government. Similarly typically, the report has been referred to in the areas of the media and circles restricted to the administration with some more confirmations of the PPP government's degenerate and cash. The Transparency

International report itself made it clear what was being estimated was "the general degree of defilement and fumble of fund (recurrence and/or size of fixes) in the general population and political area" which implies it was past the restricted determination of a specific of a specific political government and it took a gander at general debasement in the state hardware. However it is argued that whatever was the ―misinterpretation of transparency international in its description of corruption index, there was also a reality to consider in. it‘s fairly obvious there was no smoke without a fire‖545.

The account of widespread defilement has remained a matter of grave worry in

Pakistan. Also, wild debasement has been unmistakable to whoever ready to circumvent

544Transparency International Report, 2011. 545 Ibid

236 the passageways of energy. Government high ups and pioneers while at times recognizing that defilement exists, have done nothing to address this difficult issue genuinely. In this domain the flimsy responsibility measures and foundations advanced defilement in Pakistan. The chairmanship of general society accounts council was in the hands of the pioneer of the resistance in the National Assembly however it was watched that he stayed quiet on the making of the guaranteed National Accountability so there was next to no done to elevate adherence to precludes set by the Public Procurement

Regulatory Authority.546

It was however, incumbent upon the government to overcome such illegal practices in collaboration with the opposition. Opposition leader Ch. Nisar Ali khan who was the chairman of Public Accounts Committee was more active in checking the NLC‘s misuse of the authority. In corruption cases all the institutions were found corrupt. In this case more than 85 retired army officials including some of the Generals were found involved. Sardar Ayaz Sadiq from PMLN was the director of the National Assembly standing panel on railroads issued at any rate reports including one of them was about

Musharraf's administration allocation of the place where there is Pakistan Railways to extravagance golf Club. All things considered the normal debasement was found around sixteen billion of rupees. ―Resigned Pakistan armed force Generals including a previous

ISI boss were discovered associated with that outrage.‖547

In the parliament and on main stream media corruption and misuse of the government authority was highlighted. Moreover, international media spared spaces

546 Profile: Nawaz Sharif, BBC, September 24, 2013. 547Crises Group Asia Report, Islamabad, 2013.

237 regarding the mismanagements of government led by PPP. The institutions which are responsible for overcoming mismanagements and mishandling of finances were total crippled and dominated by people nominated or selected by these institutions. They were in hand in gloves in order to loot and plunder the wealth of nation. Senator Malik Rafiq

Rajwana of PMLN highlighted the mismanagement and corruption in thePakistan

Railways as follows: ―Four dinning autos of four trains are being controlled by private people with no activity and with no delicate allegedly a gigantic loss of crores of rupees have been caused to Pakistan Railways.‖548 He requested that the pastor accountable for

Railways issues ought to have surrendered, rather than confronting the general population and saying that we require endowments. In Pakistan, despite charges of irregularities and incompetence minister stays and never realize their failure whereas in every democratic state ministers resign of such charges. Former Prime Minister Yousaf Raza Gilani‘s wife

Fauzia also found involved in corruption. She was accused of ―receiving loans of millions of rupees from Nation Bank of Pakistan and Agricultural Developmental Bank of

Pakistan and these loans were never returned back with interests.‖549

Notwithstanding, the endless story of corruption do not end here. Hamid Saeed

Kazmi the then religious minister of PPP was found involved in corruption scandal. This time the charges were very serious and unopposed. Hajj scam was one of the biggest scandal of hoarding millions of rupees from the hajjis.

“A triangular nexus has been built up between previous priest for religious issues Hamid Saeed Kazmi, previous DG Haj activities Rao Shakeel Ahmad and Ahmad

548The National Assembly Debates, April4, 2012. 549RozenamaNaway-e –Waqat, March 30, 2012.

238

Faiz, the last is a Pakistani national utilized by the religious issues service for enlisting convenience for travelers, he denied the national exchequer of Rs200 million,

Investigation officer Javed Shah Bukhari educated the court.”550

The genuine allegations of defilement were built up against him so "he was captured on 15 March 2011 by FIA yet in august 2012 he was allowed safeguard by the

Court.‖551

Corruption is apparently one of the menacing threats facing Pakistan since its inception as an independent state. Without knowing the history of Pakistan the root causes of corruption can never be understood by a naïve mind. Corruption had been used as a lethal weapon to materialize various interests in Pakistan. The far reaching consequences of corruption have weakened the very existence of the country. It is really hard to progress in the presence of huge corruption cases and in the absence of accountability. The sole cause of corruption in Pakistan can be traced back to the early period. The failure of democracy, delayed constitutionalism and military interventions which hampered the leaders to put forward accountability measures. Until now political leaders are not seemingly on the same page regarding the measures and ways of eliminating corruption in Pakistan. This is however because of their own involvement and their past track records of corruption. Hardly any inquiries of the institutional defilement of the security powers, which arrogate to themselves amazing benefits. The legal higher and lower level is broken and overflowing with the stories of debasement.

How this is feasible for an organization to end such practices in the event that it is itself

550The Daily Express Tribune, January 28, 2011. 551The Daily Dawn, August 27, 2012.

239 associated with illicit sort of inclusions. The same goes for the state hardware engaged with the administrations conveyance and for the police compel. "Truly government officials have a higher obligation to maintain the law, yet numerous others have taken open vows they damage all the time.‖552

The Chairman NAB, Qamar Zaman chaudary has said regarding corruption:

―He is not under any obligation to two individuals- Prime Minister Nawaz Sharif

or Syed Khursehd Shah who have selected him for the job, and assured that all

corruption cases would be pursued on merit besides correcting the past wrongs of

NAB.”553

In a meeting with a press correspondent, the Chairman NAB Qamar Zaman further put aside all the impressions that he would acts at the beck and call of anybody‘s man or be a compromised chairman. He told that he has already given instructions to his team for the details of all the pending cases of corruption against all the leading personalities including politicians and bureaucrats. ―There would be no closed and pending files or cases in the NAB any more. He ensured he would pursue all the accountability as per the law without any which hunting or victimization.‖554

The chairman NAB was asked that if he would precede the cases against the prime minister and the leader of the opposition, both of whom are having cases NAB but have appointed him for the job. The answer given by the chairman NAB was: ―Without doing into any specific names, let me assure you that NAB would pursue all corruption

552Ibid., December 24, 2010. 553 Qamar Zaman Chaudhary, Ibid., April 28, 2015. 554Transparency International Report, 2011.

240 cases on merit and as per the law‖.555 The chairman NAB also apparently tried to distance him from the political high ups and declared that his appointment is not the result of any individual but the trust of the nation.

Rental Power Issues and Corruption

Pakistan has been facing shortfall of electricity from decades, Rental Power project begins in Pakistan to overcome the energy crisis in 2006.Projects were highlighted by media for bribery and corruption in which the top level ministers and high officials were involved. Raja Pervaiz Ashraf as the minister of water and power was also apparently involved in that money making and kickbacks. He was the one who obtained approval from the Economic Coordination Committee and the cabinet for an increase in payment to the companies related to ―Rental power projects and the increase made from

7% to 14% amounting to 22 billion Pakistani rupees, for which he has been accused by opposition parties.‖556 Simultaneously, Supreme Court ordered to arrest all the respondents and report about the case within 24 hours to the authorities to implement the orders of the court to tackle the case of corruption in the country. Meanwhile, Supreme

Court mentioned in a report that National Accountability Bureau (NAB) will be responsible if any of the respondent mange to escape from the country by any mean.

After it was being highlighted strongly in the press and electronic media, ―The chief justice ordered that all concerned, regardless of their rank, which have been booked in

555 Ibid. 556The Daily Dawn, January 17, 2014.

241 the case be arrested and if someone leaves the country, then chairman of NAB will be held responsible along with his investigating team, lawyer Aamir Abbas told AFP.‖557

PM Raja Pervaiz Ashraf after the hearing in the court further mentioned that it‘s nothing more than a character assassination campaign which has been started by media was never accepted by a politician. However, Mr Ashraf was accused of doing corruption during his term of government as minister of water and power and obtained approval from Economic Coordination Committee and the lower rank authorities for increase in down payment to the companies from the amount of 22billion and meanwhile companies used to give 7 to 14 percent from that money on the instructions of Mr. Ashraf.

It was told to the press that the Prime Minister was not called and mentioned by name by Chief Justice Iftikhar Muhammad Chaudhry. During these days Karachi Stock

Exchange was the talk of the town because of this case and mostly highline by the local televisions which was not a good omen for the economy. The KSE 100 index lost 453.46 points or 2.74 percent in little over half an hour to stand at 16633.18 just before the ending time. When Tahir ul Qadri was protesting for electoral reforms in the capital

Islamabad, the people and the participants were happy with the decision of the Supreme

Court and were chanting slogans ―long live supreme court”. In these days the protesters were calling PM Ashraf as Raja Rental, he was accused of taking kickbacks in rental power project when he the minister for water and power. ―He was also accused of buying property in London from money earned through different scams.‖558

557 Rental Power Case: Supreme Court Orders Arrest of PM Ashraf, The Daily Express Tribune, January 15, 2013. 558 Ibid.

242

Energy Crises

Infrastructure of Pakistan had been poorly managed especially in the field of energy and it is still under the development process. Pakistan was suffering in the worse kind of short fall in the demand and supply short fall. Meanwhile, transmission losses due to outdated infrastructure, poor billing management, the harsh and warm weather have made the circumstances completely unsatisfactory. Hence, with the increase in demand load shedding became a common problem, all over the Pakistan. ―Energy crisis which started in 2007-2008 made the situation very serious in every city within a year energy supply declined per capita of 0.64 percent. It was comparatively less than 3.09 in the previous years.‖559

“Economic activity in the country leading to an increase in the rate of unemployment said former chief of Jamaate-Islam Qazi Hussain Ahmed at a seminar titled energy crisis and its sotutions, national consensus were the only means for solving the problems of the nation.”560 Further he argued that:

“And the crippling power shortfall is just one than. Thousands have been laid off as a large number of industrial units had to be shut down simply because there was no electricity to keep them functioning.”561

In the discussions the experts put forward several ways to produce around

40000MW electricity on low costs. It was dependent on the potentials of government that how to make the present production from 800MW to 8000 from hydal sources alone.

559 Energy Crises and its Solution, The News International, April 23, 2010. 560 Ibid. 561 Ibid.

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Pakistan has the capacity to solve the problem of energy domestically. ―For this we need to establish smaller dams and promote solar and wind energy production‖.562 Meanwhile,

Taj Haider mentioned about Pakistan-Iran Gas Pipeline Project that the project was approximately completed and remaining part was just to connect it with local gas infrastructure. He further said:

“The government was pursuing a strategy for reducing dependence on foreign countries for meeting local energy needs. He said that the 18th constitutional amendment stipulated the provinces would share its produced energy with other areas only once its own energy needs had been met.” “But Sindh uses only 38 percent of its total energy production of

70 percent and is compelled to share the rest with other sectors, despite the fact that its own fertilizer plants, and power producing companies are suffering.”563

According to him the Sindh province was also bearing ―Pak Iran project Gas

Pipeline‖ and Sindh will share to the project, not to gain anything from the project either economically or in the shape of power.

―Gas reserves of 850mmcfd have been located in Sindh and the province has the capacity to produce around 40000MW with wind energy alone.‖564He mentioned about the Chinese firm on the hydel power projects in Sindh: “By December 2012, 2000MW would be added to the national grid, while another 2000MW would be added next year.‖565

562 Ibid. 563 Energy Crises has Lead to Brain Drain, Ibid., March 28, 2012. Accessed on 15.04.2017. 564 Ibid. 565 Ibid.

244

Sui Gas field is the biggest field of natural gas in Pakistan which produces 6 percent of the total gas for Pakistan. However, the system of supplying gas is not well managed, gas is being wasted due to leakage, and in Punjab leakage is very high. It is believed that around 450MMCFD gas is wasting on daily bases only in the province of

Punjab. Meanwhile, in the desert areas of Sindh Thar Coal Power Project covers an area of 9600 square of kilometers and estimated to produce 175 billion tons, which is equal to 175 billion barrels of oil. The managing director of Thar coal project was Dr.

Muhammad Shabbier during that mentioned period, he said it is because of load shedding that more than 400000 people are jobless. ―With every year Pakistan is losing Rs.230 billion which is a great drawback for the economy of Pakistan.‖566

―Energy expert Masood Abdali said by 1947 around 66 oil and gas wells were operating in the country. Right now 232 wells have been dug and all of them are operational.‖567

Pakistan Muslim league Q(PML-Q) was in opposition they demanded the minister for water and power, to clear his position about the earlier statements about the power projects in the country. This was a daunting task for the minister of water and power because he was already facing cases on several corruption charges. Many ministers from

Pakistan people‘s party also asked the same question as inquired by the opposition leader during the debates in the national assembly. Raja Pervaiz Ashraf could not answer any question about the six power stations with a power generation capacity of 1965MW had been added to power system during last five years. Meanwhile, Power and Infrastructure

566New York times, April 28, 2010. 567 Ibid.

245

Board (PPIB) processed 40 multiple fuel projects with a cumulative capacity of

11021MW throughout the country in private sector during the same period. The minister further told the house that ―three projects launched by the previous regime with cumulative capacity of 615MW were expected to start electricity generation.‖568 There questions were considered as good omen for the opposition, as they became active with this and start a campaign against the government for its failure in making efficient projection and management for tackling energy crisis. Riaz Pirzada and former minister of state for water and power, Ameer Muqam inquired for Mr. Ashraf to put forward the details infront of the house regarding to his earlier assertions. Previous government had not started even any power project to increase the power sector on national level.

However, Mr. Pirzada said that he had been listening from different sources and even the minister in different talk shows claim that government did nothing to generate electricity.

Criticizing at Mr. Ashraf, Ameer Muqam said that minister of water and power has confused the house as well as the nation, what should we believe, what Mr. Pervaiz had been stating for a long time in written replies which Pervaiz has given to the house. The house and the nation is confused in a way that the minister is at the same time is saying that ―no power plant or project has been started by the previous government and on the other hand saying that more than 2000MW electricity was being generated by the Prime

Minister Shaukat Aziz and his government.‖569

The opposition parties were totally unsatisfied with the answers given by the ministry of water and power. Interestingly they said that the present government is following the steps of former Prime Minister Benazir Bhutto‘s fort prints in dealing with

568 Ibid. 569 Karachi Light being Turned off to overcome Energy Crises, The Daily Dawn, April 24, 2009.

246 the energy issues and claimed ―the projects being launched by the present PPP government would generated 3700MW of electricity.‖570 When Pakistan people party came to government in 2008 country was facing a great amount of serious energy crisis especially load shedding of electricity and gas eighteen hours‘ load shedding of electricity which causes serious damage in the country especially in the most populated and agriculture hub of Pakistan the province of Punjab. Large demonstrations were held and those protest were backed by the opposition parties defame Pakistan People party.

Mian Muhammad Nawaz Sharif the president of Pakistan Muslim league Nawaz in a meeting which was conducted by the Pakistan movement worker trust and the Nazaria-I-

Pakistan trust for the 102nd anniversary of the founding of All India Muslim league said:

―The gas prices too are coming down in the world over but in Pakistan the situation is just the opposite making the poor man unable to afford such a situation.‖571 Meanwhile

Nawaz further said:

―His party is cooperating with the government not to allow antidemocratic process to derail hard earned democracy in the country.‖572 However, at the same time the province of Punjab where the Chief Minister was Mian Muhammad Sharif was protesting at a large scale over the issue of load shedding. The energy crisis has broken down the economy of the country badly this is because of the corruption and bad governance of the rulers. The industry of the Punjab is damaging due to continuous load shedding.573

570 Ibid. 571Ibid., January 04, 2009. 572 Ibid. 573RoznamaNawa-i-Waqat, Lahore, April 23, 2012.

247

Extremism/Terrorism

The phenomena of terrorism known as, the systematic use or threatened use of violence to intimidate a population or government and thereby effect political religious or ideological change.574

Terrorism had badly affected the Pakistani government and the people of

Pakistan. Pakistan people party took harsh and rigid stance against the terrorist organizations and never wanted to support them politically or ideologically. It was the motive of the party to vanish all the extremist groups from Pakistan. Meanwhile the claim that Benazir Bhutto was martyred by the terrorist group in Rawalpindi and that the head of the party never wanted to compromise with the terrorist groups. With the help of

Pakistan Army they started conducting operations like Rah-e-Nijat (path to solvation) and

Rah-e-Rast (the second battle of swat) against the terrorist outfits to control the affected areas. About the terrorist group, particularly in the region of Swat and Waziristan.

Rehman Malik, the interior minister said that:

―Any action taken against the state would be answered back with full military might.‖575 This was a very bold stance on the part of government against terrorism.

The parliament of Pakistan in October 2008 passed fourteen-point resolution which outlined national counter terrorism policy guidelines. ―A former senior police officer Tariq Khosa described as a reflection of political will and priorities to control the curse of terrorism.‖576A seventeen-member committee was formed by the speaker of

574The American Heritage Dictionary of the English Language (4th edition), Bertleby.com.2000. 575 Operation Rah- e-Nijat,BBC News, July 21, 2009. 576 Tariq Khosa, The Daily Dawn News, June 21, 2009.

248

National Assembly Fahmida Mirza (2008-2013) and the committee was chaired by senator Raza Rabbani. The committee in the month of April 2009 presented a report which consisted of 23 pages on a national security policy framework. This civilian led policy was not welcomed and blocked, mentioned by Tariq khosa. ―Because the stakeholders in national security were not on the same page with the civilian/military disconnect being the main stumbling block.‖577On the issue of terrorism, the executive of the country could not deliver much. The government was failed to proceed the recommendations which were put forward by the federal Cabinet Defence Committee.

National Counter Terrorism Authority (NACTA) was formed and hobbled by political turf battles and the absence of a legal framework. ―This promoted terrorism and was considered an opportunity missed by the stake holders.‖578

The legislator opted repeatedly with no legal or follow-upa such for binding parliamentary resolutions of which there were around 30 security-related resolutions.

Towards the end of its term ―the national Assembly did pass some important security related-legislation, including the fair trail bill (December 2012).‖579 The Anti-Terrorism

(Second Amendment) Act, (ATA) passed in March 2013 and in the same month the

NACTA bill which finally gave NACTA legislative cover. In the first two bills there were legal frameworks for counter-terrorism including enhanced punishments, intelligence, gathering and making more explicit the kinds of groups and actions relating to the Anti-Terrorism Act and extremism.

577 Ibid. 578Crises Group Annual Report 2013, June 11, 2013. 579Ibid., June 11, 2013.

249

Federal government could not make the law and order and its enforcement better and was concerned that it was a provincial subject. On the other hand, no bill was passed in provincial assemblies regarding terrorism which undermine the effectiveness of the laws. The security policies were totally under military, throughout the country. Rather than police military was given preference in the matter of tackling the terrorist outfits.

One can find that this made military and civilians incapable to counter terrorism.

It was observed that that the government of the Punjab was not on the same ground, at least for a while, on the issue of terrorism. The Chief Minister of Punjab once in a seminar to commemorate the services of late Mufti Muhammad Hussain Naeemi, said ―that the Taliban and Pakistan Muslim League-Nawaz both opposed former military dictator Pervez Musharraf and, therefore, he is surprised that this common stance has failed to stop the Taliban from carrying out terror attacks in Punjab‖.580 This speech of the Chief Minister of the Punjab is quoted that Punjab was on the same line with the federation on the issue of terrorism. Though later, in the national resolve both the federation and the province of the Punjab came on the same page.

The Military of Pakistan pressured president Zardari to expands military‘s power for controlling terrorism in the country and they succeed in this and started operation in many areas of FATA and PATA. However, president of Pakistan Asif Ali Zardari (2008-

2013) in August 2011 promulgated the Actions in Aid of civil power (AACP) according to which all the civilian powers resides with military and can arrest and detention anyone in the area. The democratic forces were not happy with the law and many ministers show their reservations on the law and AACP.

580CM Shahbaz Wants Taliban to Spare Punjab, The Daily Dawn, March 15, 2010.

250

―The National Assembly standing committees on interior and on law of justice and human rights should initiate public hearing on modernizing the basis of criminal justice-related law Pakistan penal code (PPC) the criminal procedure code (CRPC) and the Evidence Act.”581

Taking committee recommendations into considerations the committees should closely monitor the performance of the civilian law of enforcement agencies summoning senior police officers and holding them to enforce the law. Legislative oversight of national security apparatus was far more challenging and important. In June 2013 after meeting interior Minister Chaudhary Nisar Ali Khan told the senate two terrorist attacks in Quetta were the result of a ―Serious Security lapse‖ and lake of coordination between the military and civilian law enforced agencies, there was ―bipartisan demand for civilian oversight of the military intelligence agencies.‖582

In that situation new legislation was required for the complete follow up of the issue of terrorism and extremism. Meanwhile former senior police official Amir Wasim said about the legal requirements:

“The legislators oversight of the intelligence agencies is crucial for public accountability. At present these is no parliamentary committee on intelligence matters.

The defense and interior parliamentary committees have no mandate to the question or assess the strategic and operational framework of the intelligence services. Such sensitive policies and practices are too important to be left to the security establishment.”583

581Crises Group Annual Report 2013. 582 Ibid. 583The Dawn News, June 18, 2013.

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The Memogate Scandal

The Memogate controversy came in the limelight and got the public attention by

October 2011. Mansoor Ijaz a US Pakistani business wrote an article in the Financial

Times in October 2011. The Memo controversy concentrated around a letter of memorandum written by Hussain Haqqani584 on the behest of Asif Ali Zardari, the

President of Pakistan to the US authorities and Obama administration. In this memorandum Admiral Mike Mullen was addressed and according to Memo, Pakistani civil government was trying to seek support of the US Obama administration to avert any kind of military takeover in the wake of Osama Bin Ladan raid of US troops in

Abbotabad. In October the question remained whether the memo exist or not however it was published in November. It was followed by the resignation of ambassador Hussain

Haqqani and a case in the Supreme Court of Pakistan.

PMLN took the issue into the Supreme Court and filed a petition about the investigation of Memogate scandle. The Supreme Court accepted the petition and opened a larger inquiry about the ourpose, origin and credibility of the memogate. The petition

…―has been accepted for regular hearing by the Supreme Court but a date for hearing is yet to be announced.‖585In the petition filed by the president of PMLN the accused were

…―US Hussain Haqqani and Pakistani-American businessman Mansoor Ijaz, the petition also names as respondents President Asif Ali Zardari, Army chief Gen Ashfaq

Parvez Kayani, Inter-Services Intelligence Agency chief Lt Gen Ahmad Shuja Pasha

584Hussain Haqqani was 24th Pakistani ambassador to the United States. He served as ambassador from 13 April 2008 to 22 November 2011. 585Memogate: SC Admits Nawaz Petition for regular Hearing, The Daily Express Tribune, April 28, 2012.

252 and Foreign Secretary Salman Bashir‖.586 The petition was filed on 19 April and demanded the arrest of the former ambassador through Interpol. Hussain Haqqani had previously refused to come to Pakistan. The commission made by the Supreme Court released its report and findings after a detailed testimony of all the parties including the conversation of Mansoor Ijaz with Hussain Haqqani on BlackBerry on 12 June 2012.

The report declared that it was ‗incontrovertibly established‘ that the memo was written to the US authorities. The Supreme Court ordered for Hussain Haqqani to be called back and face the charges of treason. The memo gate scandal and as MPLN leadership went against the federal government in the Supreme Court was taken as an extreme negative gesture by the federal ruling party PPP. Many of the PPP leaders described it as a point of breaking the Charter of Democracy (COD). It may also be described that the undemocratic strong forces, the military establishment also played its role in enlarging the gulf between the two main political parties of the country. This move on the part of PMLN also affected the centre province relationship.

Raymond Allen Davis Case

The incident of Raymond Davis on 27th January 2011 shacked not only the relations of Pakistan and the United States but also it left a strong impact on the centre province relations, the relations of the federal government and the government of the

Punjab. Raymond Davis was contractor of CIA and a retired US army soldier, he was also an employee of a private security firm. On the given date of January 2011, Raymond

Davis killed two people in the city of Lahore, Punjab. Another 3rd one was killed on the way when a car to aid Davis came and the man was hit when that car carrying Davis was

586 Ibid.

253 running on the wrong side of the road. The US government was of the view that Davis on the diplomatic immunity as he was employee of the US consulate office in Lahore. Davis was arrested with criminal charges of killing three people and keeping in possession illegal weapons. The incident turned into a diplomatic deterioration in the relations between Pakistan and the United States. The stance of USA was that Davis was an

‗administrative and technical official‘ and demanded diplomatic immunity under the

―Vienna convention of diplomatic relation‖. The foreign minister Shah Mahmood

Qureshi was of the view that Davis was not a diplomat and immunity umbrella cannot be provided. The stance of Shah Mahmood eventually led to lose the office of the foreign minister. The incident was followed by the widespread protest in the country and demanded strong action against Davis. The federal government was lenient and wish to facilitate the US authorities while the Punjab was reluctant over this compromise of freeing Davis. The resistance of the government of the Punjab over the issue of Davis strained the relations of the centre and the Punjab. On 16th of March 2011 Davis was released, and an amount of 2.4 million dollars was paid to the families of the victims as diyya, the blood money.

After the incident, around a month later, it was officially announced by the US authorities that Raymond Davis was a CIA contractor. ―The American who fatally shot two men in Pakistan last month and who has been described publicly as a diplomat is a security contractor for the CIA who was part of a secret agency team operating out of a safe house in Lahore, U.S. officials said.‖587 Similarly the Telegraph wrote that he was the CIA station head in Pakistan. ―A US intelligence agent arrested after shooting dead

587Washington Post, February 22, 2011, Accessed on 15. O4. 2018.

254 two men was the acting head of the CIA in Pakistan and had been gathering intelligence for drone attacks, according to intelligence sources.‖588 One may draw conclusion that

Raymond Davis case that the federal government and the government of the Punjab was on different lines, and the incident turned into an irritation between the both.

Abbotabad Operation

Osama Bin Laden is considered the founder of the extremist Islamic group known as Al-Qaeda. He got worldwide fame in the line of extremism after the incident of

9/11. As the allied forces led by the United States were approaching him over the years in the war against terror. He was killed by a US navy seals in Pakistan, Abbotabad on May

2, 2011. This operation was appreciated by most of the world countries including the 90 percent of the US common people appreciated the act of the US navy seals. In Pakistan the situation was different. There were strong reservations of different political parties and other different circles inside Pakistan. The TTP (tehreek e Taliban Pakistan ) and other militant groups announced of taking revenge, especially against the state of

Pakistan. It is generally believed that two third of the Pakistani population was concerned about the legality of the operation and a foreign army operation on the Pakistani soil.

There were some other questions arose by the people of Pakistan that why he was not taken into custody as being found unarmed.

Joint session of the parliament of Pakistan was called for the debate over this US led operation. Later, there was a debate and strong pressure of the opposition on government to investigate and answer that how Osama Bin Laden was found in

588Raymond Davis 'was acting head of CIA in Pakistan, The Daily Telegraph,April 12, 2011.

255

Abbotabad and how this foreign operation took place. The opposition party PMLN and opposition leader Chaudhary Nisar Ali Khan was very active, they were making speeches for strong protest. PMLN leaders announced their plan of strong and decisive protest campaign incase investigations were not made. The opposition was given warnings to the government and finally …―Rehman Malik, the interior minister, for cooling down the political temperature, announced that the government is going to setup a commission for the comprehensive investigation of the operation.‖589 It was certainly a daring operation by the US navy seals to kill Osama Bin Ladin and PMLN and opposition parties were talking about being insecure in the own country. The leaders of PMLN were talking that the entire world is criticizing the position and security of Pakistan‘s nuclear weapons.

The mysterious silence initially followed by that incident by the government was badly criticized by all the political and leading circles of the country.

Swiss Account Cases

Mr. Asif Ali Zardari was elected President of Pakistan later in 2008. Asif Ali

Zardari, the husband of the late, former Prime Minister of Pakistan Benazir Bhutto remained in jail for several years after the dismissal of the 2nd term of government of

Benezir Bhutto in 1996. He remained in jail from 1997 to 2004 but was never convicted.

A case was initiated in Switzerland in 1998 about money laundering and getting kick backs from various government projects, which accused both Benezir and Asif Ali

Zardari. In 2001, both husband and wife were found guilty in the case. ―They were fined and were ordered to return 2 million of dollars to the government of Pakistan.‖590 The

589The Daily Express Tribune, May 31, 2011. 590The Daily Dawn, June 20, 2012.

256 decision of 1999 against Asif Ali Zardari and Benezir Bhutto and the amount of fine was suspended by the Supreme Court of Pakistan in 2001. ―Though the couple always denied the charges against them during all that period.‖591

In 2009, as the Chief Justice Iftikhar Choudhary was restored, he ordered the reopen the Swiss accounts case. The Switzerland prosecutor general, Daniel Zappelli told

Pakistani authorities that ―the Head of the state cannot be prosecuted as he enjoy the immunity and if Pakistani government wish to lift this immunity they must write for it.‖592 The Supreme Court ordered the Prime Minister to write a letter to Swiss authorities for the reopening of the case against the President. The PM Yousaf Raza Gillani refused to correspond with the Swiss authorities over this money laundering case. As a result a case of the contempt of the court was initiated in the Supreme Court.

Eventually the Prime Minister Yousaf Raza Gillani was suspended and dismissed by the Supreme Court of Pakistan for not obeying the orders of the court. He was convicted for only 30 seconds of imprisonment but was later disqualified as being member of the parliament by the court as a result of conviction. The Supreme Court order was:

“Yousaf Raza Gillani is disqualified from membership of the parliament from

April 26, the date of his conviction. He has also ceased to be the Prime Minister

of Pakistan.”593

591 Swiss Close Cases against Zardari: $6 Million, The Routers, August 26, 2008. 592 The History of the Swiss Case, The Daily Dawn, June 20, 2012. 593The Daily News, June 19, 2012.

257

Missing Persons Issue

After 9/11 in the war against terror, Pakistan was facing very serious and challenging crises in the internal matters of the state. The country was badly hit herself in a wave of terrorism in response to its support to the US and the allied forces war in

Afghanistan. TTP, Tehreek e Taliban Pakistan was founded in 2004, and TTP started a an armed war (followed by all kind of terrorist activities) against the state of Pakistan.

The state of Pakistan was badly indulged to fight these militant extremists who were challenging the very existence of Pakistan. During these operations against extremists, many people became missing. Many of the cases of these missing persons, most of them were on illegal detention come to the Supreme Court.

There were protests against the government for the missing persons and international media was giving them coverage. There were group of protesters who marched several times towards the parliament against the ―lost souls‘ and carrying banners of ‗end enforced disappearances.‖594 People began disappearing in Pakistan by

2001 in the so called war against terror. The Amnesty International also showed grave concerns on the security agencies of Pakistan, especially ―the most important agency, the

ISI, who often picked many people on small evidence and were given to the US for bounty.‖595

There were many petitions filed by the relatives of the missing persons. The result of the recovery was very low. In February 2012, all parties conference wa called by the government over the issues related to Balochistan. The president of Pakistan Muuslim

594Barbara Plett, Painful search for Pakistan's disappeared, BBC News, December 13, 2006. 595Ibid.

258 league N, Mian Nawaz Sharif loudly spoke about the issue of the missing persons. He said:

―He will not attend the APC until missing persons would not recovered and arrest the killer of Nawab Akbar Bughti.‖596

The opposition party PMLN also took a strong stand on the missing persons issue and a solution was also passed in the National Assembly, moved by PMLN. Zahid

Hamid, a member of opposition in the National Assembly moved that resolution and suggested that the parliamentary committee should be formed for the observation that the intelligence agencies must work in accordance with the framework of law. The resolution further said that ―the formed committee should meet the victim families and precede work for the recovery of the missing persons.‖597

On the other hand the public posture between the centre and the province of the

Punjab was aggressive and Chief Minister of the Punjab had showed defiance at times in terms of the due protocol to the representatives of the federal government including the president, the Prime Minister and the Governor as well. The posture in the public gatherings and speeches of the Chief Minister were also followed by the aggressive words, particularly against the President Zardari. Punjab remained complainant against the federation over the issue of electricity and showed strong public resentment against the federal government. Shahbaz Sharif was of the view that the federal government is showing a discriminatory attitude against the Punjab in terms of the power sector. That the electricity through the national grid have been discriminatory with the Punjab and

596Daily Express, February 24, 2012. 597Ibid., March 15, 2012.

259

Punjab is been the most effected unit in the federation. The Punjab government also took a case in the Supreme Court of Pakistan against the federal government about the hurdles being created in the power projects initiated by the province of the Punjab (details given in the chapter).One can also find official meetings between the Prime minister and the

Chief Minister of the Punjab about the governmental issues, coordination of the smooth working of the federation.

The judicial activism in the period under discussion remained a hot issue between the federation and the province (Punjab). Some of the cases went deep in intense relations in the centre and the province. The Suo Moto actions taken by the CJP were mostly against the federal government of Pakistan. The federal government was severely affected by cases and the Suo Moto actions of the Supreme Court. Some of the government treaties and foreign investments were also affected as a result. The posture of the federal government in front the nation was gone down. Some of the cases created the high level of bitterness between the federation and the province of the Punjab. The

Raymond Davis case, the Memogate Scandal, then later a case in the Supreme Court and the Punjab government case of the energy projects became not only famous but strained the centre province relationship.

The important findings of the chapter are as follows:

1. The tenure can also be described as five years of judicial activism and judiciary

played very important role in the cases of accountability.

2. Federalism was strengthened after the 18th amendment however due to judicial

activism the relationship of the centre and the Punjab were not smooth.

260

3. By the central party in power PPP, have had grave concerns over the role of

judiciary and the interference in the executive matters.

4. The federal party in power PPP was of the view that the province of the Punjab

and its government has the backing judiciary. And the Supreme Court is not

taking any action against PMLN.

5. The judiciary also faced allegations that the decision of Supreme Court were

supporting the party in power in the Punjab.

6. One may also conclude that the military established also played an invisible role

somewhere in dealing with the matters between the federal government and the

province of the Punjab. Two examples may be quoted regarding this; once when

the federal government nominated the name of Salman Taseer as governor of the

Punjab in May 2008, PMLN the opposition party and the party in power in the

Punjab took it am act to disrupt the relationship between the Punjab and the

centre. Salman Taseer had remained very close to General Musharraf and he was

part of General Musharraf cabinet. On his appointment, Chaudhary Nisar Ali

Khan said that this ‗controversy is hatched in the presidency.‘ The other example

is quoted about the case of Prime Minister Yousaf Raza Gilani, Mian Nawaz

Sharif , the president of PMLN went himself to the Supreme Court to seek his

disqualification. This act not only took the relationship of centre and the Punjab to

the lowest profile but also is considered an act which was supported by the non

democratic forces.

261

Conclusion

In short, as discussed above there were major irritants such as disagreement of centre-province about the mode, method and timing of restoration of Judiciary, to eliminate corruption in the country, to cope with the energy crisis and to address extremism, Memogate, Raymond Davis, Abbotabad Operation and Swiss Account cases and dismissal of the Prime Minister of Pakistan. All these issues caused estrangement and sometime it appeared that federal system was not working properly but the condition improved soon after and the relations between the centre and province returned to normalcy. The study has tried to prove the point that despite above-mentioned irritants between the centre-Punjab, a sort of harmony in terms of coordination and legislation convincingly existed between the federation and the province of the Punjab. For the first time in the history of Pakistan constructive legislative efforts were made for smooth working condition of the federation and all the federating units. However, the hallmark of the period was the implementation of the18th amendment of the constitution which left a deep positive impact on the structure of federation. Another beauty of this development was that devolution of the central powers to the provinces took place with the complete agreement and consent of the PMLN who was mainly centered in the province of the

Punjab and had been an arch supporter of the strong centre. It was a kind of political environment which was unprecedented in the history of Pakistan. The policy of reconciliation enabled the political parties to adopt a responsible role as ruling or the opposition parties towards each other and it was chiefly responsible for a mature Centre-

Punjab relations despite all odds, including political and administrative differences between the Federation and Punjab.

262

CONCLUSION

The study was conducted to explore, examine and analyse the working of the

Federalism in Pakistan and particularly focusing on the Centre-Punjab relations from

2008 to 2013. Federal structure has enabled the developed countries to devise a mechanism in which the federating units exercise more powers and privileges than the federation, therefore the progress from bottom to top is considered the best development model. It ensures faster economic growth at local and regional level, a prerequisite for national integration, peace and prosperity of the country. The history of federalism proves that main reason for the West‘s particularly of America economic and political supremacy is because of successful functioning of the federal system. In the 3rd June Plan

1947 while proposing the partition of India and creation of Pakistan it was provided that wishes of the people of Muslim majority provinces: Bengal, Punjab, Sindh, Balochistan and NWFP, will be ascertained through voting, if the Muslim majority voted for Pakistan then these provinces will merge to the Federation of Pakistan in 1947. Therefore

Pakistan, by default, emerged as a Federal state and chose to adopt the federal structure for the state machinery. It was identical of India‘s federal structure but Jinnah‘s vision was to delegate most of the powers to the federating units like that was in the United

States of America,

However, since 1947, Pakistan has been working as a federal state but the federating units repeatedly complained the overpowering of the Central authority over the provincial subjects. In the constitutions of 1956 or 1962 and latest 1973 federal system of government remained an important ingredient of the state machinery, however, the

Constitution of 1973 is regarded as the comprehensive and best of all constitutions

263 because it transferred more powers to the federating units than before. The centre- province relations have passed through many phases because of change of form of government from military dictatorship to parliamentary democracy. They treated the provinces according to their liking/disliking. Since its inception, provinces keep on complaining that they have not been given the due shares and powers and autonomy as promised by Quaid-i-Azam in his speeches and statements during the Pakistan movement. The federating units, therefore, repeatedly complained the overriding Central authority over the provincial subjects. Even the East Pakistan got separation from the

West Pakistan because the Bengalis believed that they did not have provincial autonomy as was promised by the founding father-Jinnah. They alleged that contrary to the principle of federation the centre had denied their rights. The sense of deprivation in the

East Pakistan led to the separation of East Pakistan which left a big question mark on the state structure and its functioning as provided in the 1962 constitution, principles of federal structure were compromised and that contributed to the widening of gulf between the centre and Bengal. Therefore, keeping in view the mistakes of the past, in the 1973

Constitution effort was made to introduce such federal structure where greater provincial autonomy was granted to the federating units. The prime objective of the constitution of

1973 was that the federal structure should work more effectively to produce constructive fruits for provinces and the centre. For that matter the constitution was devised with principles of democracy, with parliamentary system of government, and with greater provincial autonomy ensured smooth centre- provinces relations

The system of federation is considered unity in diversity, it is more reasonable in a diversified country for accommodation of different regional identities, ethnic groups

264 and communities. Federal setup accommodates socio-cultural situation in a shared political framework. It is also observed that distrust among the federating units due to various reasons negatively affect the working of federalism. Pakistan is a diversified society and Punjabi ethnic group live in the province of the Punjab and this study was to assess their behaviour towards federalism and response to the federal government.

Therefore, it is usually held thatthe study of Pakistani federalism is also a story of domination of the Punjab over rest of federating units in terms of human resources, civil and military bureaucratic structure, education, and industry. Even after the implementation of 1973 constitution, the concept of provincial autonomy de jour remained strong but de facto remained very weak in the federation particularly during the military regimes of Zia-ul-Haq(1977-1988) and General Musharraf(1999-2008). During these erasthe Federal structure subsided as the military dictators exercised all powers which resulted in the weakening the federal structure and as a result we see centrifugal forces working in Sindh and Balochistan in particular.

But political parties of Pakistan always have been supporters of a strong federal structure through decentralizing the powers. By extending provincial autonomy they believe stronger and prosper Pakistan will emerge. Immediate impact of the transfer of power to the elected representatives of Pakistan in 2008, both main parties namely PMLN and PPP showed great responsibility in extending respect to each other‘s electoral mandate and therefore both of them worked like a team in the Central and provincial governments. Both decided to form the coalition governments in the centre and in the province of the Punjab. It was a unique political phenomenon that paved the way for the smooth centre-province relations.

265

The Charter of democracy which was signed by Benazir Bhutto and Nawaz Sharif in 2006 enabled the two main parties to learn from their past mistakes and to work together not only to improve the socio-economic condition of the state and society but also to avoid antidemocratic forces to divide them and create atmosphere to derail democracy. One such formula was to not disturb and uproot the governments whether in the centre or in provinces. Benazir Bhutto‘s assassination on 27 December 2007 delayed the elections but spirit for mutual respect and to promote democratic culture continued between Nawaz Sharif and Asif Ali Zardaari, new co-Chairman of PPP. Therefore, after the elections, in March 2008 coalition governments were formed in the centreand in the province of the Punjab which was unusual phenomenon because it resulted in the best working of federal structure in the history of Pakistan. It was hoped it will continue for long time but this honeymoon period soon started to decline after the appointment of the new governor of the Punjab Salman Taseer, who was a controversial political figure in the eyes of the MPLN. It was considered unadvisable to appoint Salman Taseer as

Governor in an atmosphere of smooth working of coalition governments under a refined and mature federal system. The trust deficit between the federal government and the government of the Punjab was further increased due to the political activities of the

Governor of the Punjab and Manzoor Watto (the head of PPP in the Punjab province).

The Governor refused to take oath of Khalid Mahmood Qureshi who was appointed as provincial ombudsman by the government of the Punjab. Consequently, the relations between the federal government and the provincial government further deteriorated and it was complained by PMLN that Salman Taseer wanted to replace PMLN government with PPP in the Punjab. In the meantime, the Supreme Court of Pakistan disqualified the

266

Sharif brothers from holding any public office. Resultantly, Shahbaz Sharif lost the office of Chief Minister of the Punjab and PPP was pleased to introduce the Governor rule in

Punjab which created a big political gulf between both the parties. Once main supporter of Lawyers movement for the restoration of judiciary, the PPP government became adamant to restore it, for the reasons unknown. Therefore, PMLN seized the opportunity and joined the Lawyer‘s movement. With full strength, PMLN and other parties restarted the Long March which forced the federal government to restore Judiciary. Federal

Government issued an executive order on 18 March 2009 and restored the judiciary at the position of November 2007. This historic decision for restoration of judiciary opened the window of opportunity for Mian Shahbaz Sharif to re-claim power in the Punjab. But even in the first phase, bad blood between the Centre and the Punjab was created by too ambitious pursuits of PPP government in the federation to uproot the PMLN from

Punjab, which had a very stronghold in the province of the Punjab. Once the centre started interfering into provincial matters the Centre-Punjab relations continued to remain uncertain if not unfriendly because of undue interference of the federation in the provincial matters.

267 the revenues are collected by the Federal Government and then they are redistributed between the federal and provincial governments and then amongst the provinces under an arrangement called the NFC Award. The National Finance Commission was established in 1951 with following objectives, to support the provincial governments to meet their expenses and to reduce the horizontal imbalances among the provinces, ‗the depending of the revenue capacity of the constituent units of the federation. But during the period from

2008 to 2013, the financial relations between the province of the Punjab and the federal government were not very smooth. The Punjab government on various occasions complained about the financial related issues as it was effected by power sector. The load shedding took place more than 12 hours in every city of the province that made social and economic health of the province in serious jeopardy. Mian Shahbaz Sharif delivered speeches with loaded words against the federal government that resulted into strained relations with the federal government. Similar statements were also observed from the federal government ministers in response to the Chief Minister of the Punjab. Again the provincial government was strongly complainant against the federal government not helping and fulfilling the legal requirements needed for the external support of the power projects.

NFC Award was passed by December 2009 and the formula of the division of financial assets between the federal government and the federating units was finalized.

However it was observed that after passing of the 18th amendment of the constitution many subjects were transferred to the provinces in the concept of provincial autonomy.

Now the federal government was of the view that now it is the duty of the provinces to run these transferred subjects. The province of the Punjab was of the view that the NFC

268

Award was passed before the 18th amendment so the federal government must pay the due amount of these transferred subjects. And these expenditures are the liability of the federation at least for the time being.

However, there were few irritants that were observed from 2008 to 2013 between the federation and Punjab. There were issues like disagreement about the mode, method and timing of restoration of Judiciary, to eliminate corruption in the country, to cope with the energy crisis and to address terrorism, Memo-gate, Raymond Davis etc. These irritants truly had caused estrangement between the centre and the province. Sometime it appeared as if the working relations between the Centre and Province had disturbed if not halted altogether. The Punjab government under Mian Shahbaz Sharif took strong stand about some issues, and even he went to that extent that as the Chief Minister he refused to accord official protocol to the Prime Minister of Pakistan.

After the restoration of the judiciary, the role of judiciary became hyper active and there is a strong narrative that judiciary under Iftikhar Muhammad Chaudhary came under a phase of strong judicial activism. The general understanding about the period under discussion is that federalism turned weak due to the continuous tension between the ruling parties of the center and the province of the Punjab. Punjab turned assertive as traditionally as soon as the judiciary was restored, it took many a cases and decisions which facilitated the party in power in the Punjab The details of the cases show that many of the cases were on merit particularly after its restoration by the end of March 2009, the judiciary took action against the Governor‘s Rule in the Punjab and the government of the under Shahbaz Sharif was restored. Similarly the review petition was taken about the cases and the punishment to Mian Nawaz Sharif made during the days of Musharraf and

269 the cases were not only declared bogus but punishment was also annulled. It is a point here that though all this development was going on at one side but at the broad canvas of the country, Punjab and centre not only coordinated but federalism also was strengthened.

The judicial activism at one side facilitated PMLN, (due to some court decisions) however this active role could not affect the smooth working of the federation of the country. One can quote examples to prove the point that the judicial activism in the said period though weakened the centre province relationship but at the larger framework federalism was strengthened.

The judiciary was very active during these years and there were also allegations over that judicial activism that judiciary is making conspiracies and supporting a specific party

270 was about one MNA of PMLN Anjam Aqeel Khan, who was found guilty and money was recovered by the Supreme Court of Pakistan.

The crisis of judiciary was one of the corollaries of the political fight between the president General Pervaiz Musharrif and the chief justice of the supreme court of

Pakistan which resulted in the dismissal of chief justice Iftikar Muhammad Chaudhary from his constitutional responsibilities in Pakistan. The changing of the government after the election 2008 new government of president Zardari came to power who reinstated the sacked chief justice after a great hue and cry and pressure from inside and outside of the country. The long march and the political pressure from various quarters compelled the government to restore all the judges of Supreme Court to the original place.

Consequently, on 16th March 2009 at last the demand of public materialized in the form of restoration of judges of the Supreme Court. It is tantamount to saying that media role was conspicuous in this entire struggle which cannot be underestimated. It received high outrage in local and international media. For them it was struggle to protect democracy in

Pakistan and to avert the anti-democratic moves of dictatorial regime. Eventually, the media, the public and the democratic parties successfully won this battle.

Having said that, the bone of contention of this issue was the tussle between the chief executive general Pervaiz Musharif and the chief justice of Pakistan Iftikhar

Muhammad Chaudary which resulted the dismissal of the later. It was started on March

9th2007 which caused certain constitutional challenges in Pakistan. The case of chief judge was sent to the judicial council which is the supreme body to adjudicate such cases regarding judges. The cases often sent are pertaining to malpractices and illegalities while conducting constitutional duties. On 20thJuly 2007, through the historic decision of

271 supreme judicial council judges were restored to their respective places. Consequently, nation as a whole celebrated this victory. But, soon after a new development took place in which on 3rdof November 2007, president of Pakistan by using his special powers again dismissed all the judges of the supreme court of Pakistan including chief justice. He appointed new judges and new chief justice of Pakistan. Again a huge protest was started by the lawyers and the civil society throughout the country. The central point of the national wide protest was again for the restoration of judges which later shaped as election campaign of many political parties in 2008 elections.598

There were major irritants such as disagreement of centre-province about the mode, method and timing of restoration of Judiciary, to eliminate corruption in the country, to cope with the energy crisis and to address extremism, Memogate, Raymond

Davis, Abbotabad Operation and Swiss Account cases and dismissal of the Prime

Minister of Pakistan. All these issues caused estrangement and some time it appeared that federal system was not working properly but the condition improved soon after and the relations between centre and province returned to normalcy. The study has tried to prove the point that despite above-mentioned irritants between the centre-province, a sort of harmony in terms of coordination and legislation convincingly existed between the federation and the province of the Punjab. For the first time in the history of Pakistan constructive legislative efforts were made for smooth working condition federation and all the federating units. However, the hallmark of the period was the implementation of the 18th amendment of the constitution which left a deep positive impact on the structure of federation and thus devolution of the central powers to the provinces, with the

598The New York Times, May 15, 2008.

272 agreement and consent of the PMLN mainly representatives of the province of the

Punjab, which was an arch supporter of the strong centre, in fact created an environment, unprecedented in the history of Pakistan, that was mainly responsible for a refined centre- province relations despite all odds and political and administrative differences between

Punjab and Federation.

The hallmark of the period was the enforcement of unanimously passed 18th

Amendment. This is believed by many that the 18th amendment was a one of the bravest and greatest step towards the provincial autonomy in the history of Pakistan which resulted in the strong federal structure. For that matter the party in power, namely PPP at the federation, must be given credit for transferring most of Federal powers to the provinces and also for transformation and repealing the amendment made by the military dictator-General Musharraf. Also Credit for such historic move should be given to all major parliamentary political parties for making this undisputed 18th amendment possible and strengthening the federal structure of Pakistan. Most importantly, Punjab, hitherto has had been branded, rightly or wrongly, as a champion of strong centre and provincial autonomy, should be hailed for supporting the 18th Amendment and therefore, paved the way for loose centre and strong provincial autonomy. That step shows how mature and refined political leadership in the centre and provinces had come into power and were taking historic decisions for the greater and bigger autonomy of the provinces. Pakistan was clearly showing a sign of positive change and moving towards strong federal structure, thanks to the responsible leadership in the centre and provinces of Pakistan.

The most effective impact of the 18th Amendment was the financial autonomy of the federating units which had hitherto had been overlooked by the centre.

273

In the nutshell, though there were numerous irritants between the federation and

Province of the Punjab during the period under discussion but two important developments created amicable and more acceptable balance between federation and federating units. One was enforcement of the 18th Constitutional Amendment in 2010 and the other was approval of the National Finance Commission Award in 2009. Despite minor political differences the democratic parties under the democratic governments work with better understanding and take decisions with consensus and democratic process. Naturally these democratic values with sound and solid decisions for the betterment of the people always lead to the consolidation of the federal structure and thus naturally country move towards peace and prosperity. This kind of democratic culture evolved when PPP and PMLN came into power and worked with a team spirit from 2008 to 2013. The province of Punjab tried to get benefit from the financial support it got from the federation from 2008 to 2013 and that in fact helped PMLN to make the Punjab a model province. Therefore, during the election campaign of 2013 PMLN leadership Mian

Nawaz Sharif and Shahbaz Sharif presented the province of Punjab as model province and argued that Punjab model can be applied for the entire country if PMLN is given a chance to win the election in 2013.Therefore people of Pakistan voted for PMLN and it won the general election of 2013 and Punjab actually became a ground for their main argument and it brought their victory at national level as well. PMLN formed governments after the election at centre along with in the provinces of Punjab and

Balochistan. Though resources of the Punjab were rich enough to keep the economic progress at good pace but the better working of federal structure and as a result the federal finance share to the Punjab enabled the province to show outstanding economic

274 development in the province and that in fact is the beauty of improved federal structure.

Therefore, as compared to relations of other provinces even with the federal government,

Mian Shahbaz Sharif outperformed in every institution which brought peace, progress, and prosperity in his province. While fighting his case for their future role in the federation of Pakistan, Nawaz Sharif quoted many a times; province of Punjab was presented as a model province, with this promise that the same model of progress will be adopted for other provinces and for the entire country. In short, this study tried to understand the experience of Pakistan keeping in view the economic and political theories of federalism. The political theories see federalism as a bargain among constituent units of the federation to preserve group identities while ensuring security and stability, for instance 1956 and 1973 constitutions were such examples. On the other hand, economic theories emphasize the efficiency and equity impacts on resource allocation, for private as well as public goods and services and for that matter

18thAmendment was enacted by the federation. It highlights two aspects of government behavior in a federal system: first, one cannot assume that different governments in a federation will automatically cooperate with the federation, second, the government at all levels were composed of self-interested individuals including Shahbaz Sharif in Punjab who made best use of provincial autonomy to make his province peaceful, prosperous and strong through economic development.

275

APPENDICES

Charter of democracy

We the elected leaders of Pakistan have deliberated on the political crisis in our beloved homeland, the threats to its survival, the erosion of the federation's unity, the military's subordination of all state institutions, the marginalisation of civil society, the mockery of the Constitution and representative institutions, growing poverty, unemployment and inequality, brutalisation of society, breakdown of rule of law and, the unprecedented hardships facing our people under a military dictatorship, which has pushed our beloved country to the brink of a total disaster;

Noting the most devastating and traumatic experiences that our nation experienced under military dictatorships that played havoc with the nation's destiny and created conditions disallowing the progress of our people and the flowering of democracy. Even after removal from office they undermined the people‘s mandate and the sovereign will of the people;

Drawing history‘s lesson that the military dictatorship and the nation cannot co-exist – as military involvement adversely affect the economy and the democratic institutions as well as the defence capabilities, and the integrity of the country - the nation needs a new direction different from a militaristic and regimental approach of the Bonapartist regimes, as the current one;

Taking serious exception to the vilification campaign against the representatives of the people, in particular, and the civilians, in general, the victimisation of political leaders/workers and their media trials under a Draconian law in the name of accountability, in order to divide and eliminate the representative political parties, to Gerrymander a king's party and concoct legitimacy to prolong the military rule;

Noting our responsibility to our people to set an alternative direction for the country saving it from its present predicaments on an economically sustainable, socially progressive, politically democratic and pluralist, federally cooperative, ideologically tolerant, internationally respectable and regionally peaceful basis in the larger interests of the peoples of Pakistan to decide once for all that only the people and no one else has the sovereign right to govern through their elected representatives, as conceived by the democrat par excellence, Father of the Nation Quaid-i-Azam Mohammed Ali Jinnah;

Reaffirming our commitment to undiluted democracy and universally recognised fundamental rights, the rights of a vibrant opposition, internal party democracy, ideological/political tolerance, bipartisan working of the parliament through powerful

276 committee system, a cooperative federation with no discrimination against federating units, the decentralisation and devolution of power, maximum provincial autonomy, the empowerment of the people at the grassroots level, the emancipation of our people from poverty, ignorance, want and disease, the uplift of women and minorities, the elimination of klashnikov culture, a free and independent media, an independent judiciary, a neutral civil service, rule of law and merit, the settlement of disputes with the neighbours through peaceful means, honouring international contracts, laws/covenants and sovereign guarantees, so as to achieve a responsible and civilised status in the comity of nations through a foreign policy that suits our national interests;

Calling upon the people of Pakistan to join hands to save our motherland from the clutches of military dictatorship and to defend their fundamental, social, political and economic rights and for a democratic, federal, modern and progressive Pakistan as dreamt by the Founder of the nation; have adopted the following, ―Charter of Democracy‖;

A. CONSTITUTIONAL AMENDMENTS

1. The 1973 Constitution as on 12th October 1999 before the military coup shall be restored with the provisions of joint electorates, minorities, and women reserved seats on closed party list in the Parliament, the lowering of the voting age, and the increase in seats in parliament and the Legal Framework Order, 2000 and the Seventeenth Constitutional Amendment shall be repealed accordingly.

2. The appointment of the governors, three services chiefs and the CJCSC shall be made by the chief executive who is the prime minister, as per the 1973 Constitution.

3. (a) The recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise of the following: i. The chairman shall be a chief justice, who has never previously taken oath under the PCO. ii. The members of the commission shall be the chief justices of the provincial high courts who have not taken oath under the PCO, failing which the senior most judge of that high court who has not taken oath shall be the member iii. Vice-Chairmen of Pakistan and Vice-Chairmen of Provincial Bar Association with respect to the appointment of judges to their concerned province iv. President of Supreme Court Bar Association v. Presidents of High Court Bar Associations of Karachi, Lahore, Peshawar, and Quetta with respect to the appointment of judges to their concerned province

277 vi. Federal Minister for Law and Justice vii. Attorney General of Pakistan

(a-i) The commission shall forward a panel of three names for each vacancy to the prime minister, who shall forward one name for confirmation to joint parliamentary committee for confirmation of the nomination through a transparent public hearing process.

(a-ii) The joint parliamentary committee shall comprise of 50 per cent members from the treasury benches and the remaining 50 per cent from opposition parties based on their strength in the parliament nominated by respective parliamentary leaders.

(b) No judge shall take oath under any Provisional Constitutional Order or any other oath that is contradictory to the exact language of the original oath prescribed in the Constitution of 1973.

(c) Administrative mechanism will be instituted for the prevention of misconduct, implementation of code of ethics, and removal of judges on such charges brought to its attention by any citizen through the proposed commission for appointment of Judges. (d) All special courts including anti-terrorism and accountability courts shall be abolished and such cases be tried in ordinary courts. Further to create a set of rules and procedures whereby, the arbitrary powers of the chief justices over the assignment of cases to various judges and the transfer of judges to various benches such powers shall be exercised by the Chief Justice and two senior most judges sitting together.

4. A Federal Constitutional Court will be set up to resolve constitutional issues, giving equal representation to each of the federating units, whose members may be judges or persons qualified to be judges of the Supreme Court, constituted for a six-year period. The Supreme and High Courts will hear regular civil and criminal cases. The appointment of judges shall be made in the same manner as for judges of higher judiciary.

5. The Concurrent List in the Constitution will be abolished. A new NFC award will be announced.

6. The reserved seats for women in the national and provincial assemblies will be allocated to the parties on the basis of the number of votes polled in the general elections by each party.

7. The strength of the Senate of Pakistan shall be increased to give representation to minorities in the Senate.

8. FATA shall be included in the NWFP province in consultation with them.

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9. Northern Areas shall be developed by giving it a special status and further empowering the Northern Areas Legislative Council to provide people of Northern Areas access to justice and human rights.

10. Local bodies election will be held on party basis through provincial election commissions in respective provinces and constitutional protection will be given to the local bodies to make them autonomous and answerable to their respective assemblies as well as to the people through regular courts of law.

B. CODE OF CONDUCT

11. National Security Council will be abolished. Defence Cabinet Committee will be headed by prime minister and will have a permanent secretariat. The prime minister may appoint a federal security adviser to process intelligence reports for the prime minister. The efficacy of the higher defence and security structure, created two decades ago, will be reviewed. The Joint Services Command structure will be strengthened and made more effective and headed in rotation among the three services by law. 12. The ban on a ‗prime minister not being eligible for a third term of office‘ will be abolished.

13. (a) Truth and Reconciliation Commission be established to acknowledge victims of torture, imprisonment, state-sponsored persecution, targeted legislation, and politically motivated accountability. The commission will also examine and report its findings on military coups and civil removals of governments from 1996.

(b) A commission shall also examine and identify the causes of and fix responsibility and make recommendations in the light thereof for incidences such as Kargil.

(c) Accountability of NAB and other Ehtesab operators to identify and hold accountable abuse of office by NAB operators through purgery and perversion of justice and violation of human rights since its establishment.

(d) To replace politically motivated NAB with an independent accountability commission, whose chairman shall be nominated by the prime minister in consultation with the leader of opposition and confirmed by a joint parliamentary committee with 50 per cent members from treasury benches and remaining 50 per cent from opposition parties in same manner as appointment of judges through transparent public hearing. The confirmed nominee shall meet the standard of political impartiality, judicial propriety, moderate views expressed through his judgements and would have not dealt.

14. The press and electronic media will be allowed its independence. Access to information will become law after parliamentary debate and public scrutiny.

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15. The chairmen of public accounts committee in the national and provincial assemblies will be appointed by the leaders of opposition in the concerned assemblies.

16. An effective Nuclear Command and Control system under the Defence Cabinet Committee will be put in place to avoid any possibility of leakage or proliferation.

17. Peaceful relations with India and Afghanistan will be pursued without prejudice to outstanding disputes.

18. Kashmir dispute should be settled in accordance with the UN Resolutions and the aspirations of the people of Jammu and Kashmir.

19. Governance will be improved to help the common citizen, by giving access to quality social services like education, health, job generation, curbing price hike, combating illegal redundancies, and curbing lavish spendings in civil and military establishments as ostentious causes great resentment amongst the teeming millions. We pledge to promote and practice simplicity, at all levels.

20. Women, minorities, and the under privileged will be provided equal opportunities in all walks of life.

21. We will respect the electoral mandate of representative governments that accepts the due role of the opposition and declare neither shall undermine each other through extra constitutional ways.

22. We shall not join a military regime or any military sponsored government. No party shall solicit the support of military to come into power or to dislodge a democratic government.

23. To prevent corruption and floor crossing all votes for the Senate and indirect seats will be by open identifiable ballot. Those violating the party discipline in the poll shall stand disqualified by a letter from the parliamentary party leader to the concerned Speaker or the Chairman Senate with a copy to the Election Commission for notification purposes within 14 days of receipt of letter failing which it will be deemed to have been notified on the expiry of that period.

24. All military and judicial officers will be required to file annual assets and income declarations like Parliamentarians to make them accountable to the public.

25. National Democracy Commission shall be established to promote and develop a democratic culture in the country and provide assistance to political parties for capacity building on the basis of their seats in parliament in a transparent manner.

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26. Terrorism and militancy are by-products of military dictatorship, negation of democracy, are strongly condemned, and will be vigorously confronted.

C. FREE AND FAIR ELECTIONS

27. There shall be an independent, autonomous, and impartial election commission. The prime minister shall in consultation with leader of opposition forward up to three names for each position of chief election commissioner, members of election commission, and secretary to joint parliamentary committee, constituted on the same pattern as for appointment of judges in superior judiciary, through transparent public hearing process. In case of no consensus, both prime minister and leader of opposition shall forward separate lists to the joint parliamentary committee for consideration. Provincial election commissioner shall be appointed on the same pattern by committees of respective provincial assemblies.

28. All contesting political parties will be ensured a level playing field in the elections by the release of all political prisoners and the unconditional return of all political exiles. Elections shall be open to all political parties and political personalities. The graduation requirement of eligibility which has led to corruption and fake degrees will be repealed.

29. Local bodies elections will be held within three months of the holding of general elections.

30. The concerned election authority shall suspend and appoint neutral administrators for all local bodies from the date of formation of a caretaker government for holding of general elections till the elections are held.

31. There shall be a neutral caretaker government to hold free, fair, and transparent elections. The members of the said government and their immediate relatives shall not contest elections.

D. CIVIL - MILITARY RELATIONS

32. The ISI, MI and other security agencies shall be accountable to the elected government through Prime Minister Sectt, Ministry of Defence, and Cabinet Division respectively. Their budgets will be approved by DCC after recommendations are prepared by the respective ministry. The political wings of all intelligence agencies will be disbanded. A committee will be formed to cut waste and bloat in the armed forces and security agencies in the interest of the defence and security of the country. All senior postings in these agencies shall be made with the approval of the government through respective ministry.

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33. All indemnities and savings introduced by military regimes in the constitution shall be reviewed.

34. Defence budget shall be placed before the parliament for debate and approval.

35. Military land allotment and cantonment jurisdictions will come under the purview of defence ministry. A commission shall be set up to review, scrutinise, and examine the legitimacy of all such land allotment rules, regulations, and policies, along with all cases of state land allotment including those of military urban and agricultural land allotments since 12th October, 1999 to hold those accountable who have indulged in malpractices, profiteering, and favouritism.

36. Rules of business of the federal and provincial governments shall be reviewed to bring them in conformity with parliamentary form of government.

The 18th Amendment of the Constitution (Eighteenth Amendment) Act, 2010

ACT NO. X of 2010

(April 19, 2010)

An Act further to amend the Constitution of the

Islamic Republic of Pakistan

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

AND WHEREAS the people of Pakistan have relentlessly struggled for democracy and for attaining the ideals of a Federal, Islamic, democratic, parliamentary and modern progressive welfare State, wherein the rights of the citizens are secured and the Provinces have equitable share in the Federation;

AND WHEREAS it is necessary that the Legal Framework Order, 2002, as amended by the Chief Executive‘s Order No. 29 and the Chief Executive‘s Order No. 32 of 2002, be declared as having been made without lawful authority and of no legal effect, and the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), be repealed and the Constitution further amended to achieve the aforesaid objectives;

It is hereby enacted as follows:

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1. Short title and commencement.—(1) This Act may be called the Constitution (Eighteenth Amendment) Act, 2010.

(2) It shall come into force at once, save as otherwise provided in this Act.

2. Repeal, etc.- Subject to Article 264 and the provisions of the Constitution (Eighteenth Amendment) Act, 2010.

(a) the Legal Framework Order, 2002 (Chief Executive‘s Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive‘s Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief Executive‘s Order No. 32 of 2002), are hereby declared to have been made without lawful authority and of no legal effect and, therefore, shall stand repealed; and

(b) the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), is hereby repealed.

3. Amendment of Article 1 of the Constitution.—In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 1, in clause (2), in paragraph (a), for the word ―Baluchistan‖ the word ―Balochistan‖, for the words ―North West Frontier‖ the words ―Khyber Pakhtunkhwa‖, and for the word ―Sind‖ the word ―Sindh‖, shall be substituted.

4. Amendment of Article 6 of the Constitution.- In the Constitution, in Article 6, —

(i) for clause (1), the following shall be substituted, namely: —

―(1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.

(ii) in clause (2), after the word ―abetting‖ the word ―or collaborating‖ shall be inserted; and

(iii) after clause (2) amended as aforesaid, the following new clause shall be inserted, namely:

―(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.‖.

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5. Insertion of new Article in the Constitution.—In the Constitution, after Article 10, the following new Article shall be inserted, namely:—

―l0A. Right to fair trial.—For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.‖

6. Substitution of Article 17 of the Constitution.—In the Constitution, for Article 17, the following shall be substituted, namely:–

―17. Freedom of association. (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) Every political party shall account for the source of its funds in accordance with law.‖.

7. Insertion of new Article in the Constitution.—In the Constitution, after Article 19, the following new Article shall be inserted, namely: —

―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.‖.

8. Amendment of Article 25 of the Constitution.—In the Constitution, in Article 25, in clause (2), the word ―alone‖ occurring at the end shall be omitted

9. Insertion of new Article in the Constitution.—In the Constitution, after Article 25, the following new Article shall be inserted, namely:

―25A. Right to education.—The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.‖.

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10. Amendment of Article 27 of the Constitution.—In the Constitution, in Article 27, in clause (1), in the second proviso, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely: —

―Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament)‖.

11. Amendment of Article 29 of the Constitution.—In the Constitution, in Article 29, in clause (3), for the word ―the National Assembly‖ occurring for the first time the words and brackets, ―each House of Majlis-e-Shoora (Parliament)‖ shall be substituted and after the word ―National Assembly‖ occurring for the second time the words ―and the Senate‖ shall be inserted.

12. Amendment of Article 38 of the Constitution.—In the Constitution, in Article 38, —

(i) in paragraph (e), the word ―and‖ at the end shall be omitted;

(ii) in paragraph (f), for the full stop at the end a semicolon and the word ―;and‖ shall be added and after paragraph (f) amended as aforesaid, the following new paragraph shall be added, namely: —

―(g) ensure that the shares of the Provinces in all Federal services, including autonomous bodies and corporations established by, or under the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be rectified.‖ .

13. Amendment of Article 41 of the Constitution.—In the Constitution, in Article 41,–

(i) in clause (3), the words, brackets and figure ―to be elected after the term specified in clause (7)‖ shall be omitted; and

(ii) clauses (7), (8) and (9) shall be omitted.

14. Substitution of Article 46 of the Constitution.—In the Constitution, for Article 46, the following shall be substituted namely:

―46. President to be kept informed.- The Prime Minister shall keep the President informed on all matters of internal and foreign policy and on all legislative proposals the Federal Government intends to bring before Majlis-e-Shoora (Parliament)‖ .

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15. Amendment of Article 48 of the Constitution.- In the Constitution, in Article 48,—

(i) In clause (1), —

(a) after the word ―act‖ the words ―on and‖ shall be inserted; and

(b) in the proviso, after the word ―that‖ the words ―within fifteen days‖ shall be inserted and after the word ―shall‖ the commas and words ―,within ten days,‖ shall be inserted; and

(ii) for clause (5) the following shall be substituted, namely: —

―(5) Where the President dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall, —

(a) appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the Assembly; and

(b) appoint a care-taker Cabinet.‖ .

(iii) for clause (6) the following shall be substituted, namely: —

―(6). If at any time the Prime Minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the Majlis- e-Shoora (Parliament) and if it is approved in a joint sitting, the Prime Minister may cause such matter to be referred to a referendum in the form of a question that is capable of being answered .by either ―Yes‖ or ―No‖.

16. Substitution of Article 51 of the Constitution.—In the Constitution, for Article 51, the following shall be substituted and shall be deemed always to have been so substituted with effect from the 21st day of August, 2002, namely:—

―51. National Assembly.—(1) There shall be three hundred and forty-two seats for members in the National Assembly, including seats reserved for women and non- Muslims.

(2) A person shall be entitled to vote if —

(a) he is a citizen of Pakistan;

(b) he is not less than eighteen years of age;

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(d) he is not declared by a competent court to be of unsound mind.

(3) The seats in the National Assembly referred to in clause (1), except as provided in clause (4), shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under :—

General Seats Women Total Balochistan 14 3 17 Khyber Pakhtunkhwa 35 8 43 Punjab 148 35 183 Sindh 61 14 75 Federally Administered Tribal 12 — 12 Areas Federal Capital 2 — 2 Total 272 60 332

(4) In addition to the number of seats referred to in clause (3), there shall be, in the National Assembly, ten seats reserved for non-Muslims.

(5) The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.

(6) For the purpose of election to the National Assembly,—

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;

(b) each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (3);

(d) members to the seats reserved for women which are allocated to a Province under clause (3) shall be elected in accordance with law through proportional representation system of political parties‘ lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly:

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Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates; and

(e) members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties‘ lists of candidates on the basis of total number of general seats won by each political party in the National Assembly:

17. Substitution of Article 58 of the Constitution.—In the Constitution, for Article 58, the following shall be substituted, namely:—

―58. Dissolution of the National Assembly.—(1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.

Explanation.- Reference in this Article to ―Prime Minister‖ shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose.‖.

18. Substitution of Article 59 of the Constitution.—In the Constitution, for Article 59, the following shall be substituted, namely:—

―59. The Senate.- (1) The Senate shall consist of one-hundred and four members, of whom,

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(a) fourteen shall be elected by the members of each Provincial Assembly;

(b) eight shall be elected from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe;

(c) two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;

(d) four women shall be elected by the members of each Provincial Assembly;

(e) four technocrats including ulema shall be elected by the members of each Provincial Assembly; and

(f) four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly:

Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years :

(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

(b) of the. members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;

(i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and

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(ii) one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for women shall retire after the expiration of the next three years;

(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years;

(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the. first three years and two shall retire after the expiration of the next three years; and

(f) of the members referred to in paragraph (f) of the aforesaid clause, two shall retire after the expiration of first three years and two shall retire after the expiration of next three years:

Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to which two members shall retire after the first three years.

(4) The term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.‖.

19. Amendment of Article 61 of the Constitution.—In the Constitution, in Article 61, for the word ―ninety‖ the words ―one hundred and ten‖ shall be substituted.

20. Substitution of Article 62 of the Constitution.—In the Constitution, for Article 62, the following shall be substituted, namely: —

―62. Qualifications for membership of Majlis-e-Shoora (Parliament).—(l) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless —

(a) he is a citizen of Pakistan;

(b) he is, in the case of the National Assembly, not less than twenty- five years of age and is enrolled as a voter in any -electoral roll in —

(i) any part of Pakistan, for election to a general seat or a seat reserved for a non- Muslims; and

(ii) any area in a Province from which she seeks membership for election to a seat reserved for women.

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(c) he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;

(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as well abstains from major sins;

(f) he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and

(g) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan:

(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation;‖.

21. Substitution of Article 63 of the Constitution.- In the Constitution, for Article 63, the following shall be substituted, namely,

―63. Disqualifications for membership of Majlis-e-Shoora (Parliament).—(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if —

(a) he is of unsound mind and has been so declared by a competent court; or

(b) he is an undischarged insolvent; or

(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

(e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in

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Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

(g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release; or h) he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or

(l) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:

Provided that the disqualification under this paragraph shall not apply to a person —

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

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(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XL VII of 1984), of which he is a shareholder but is not a director holding an office of profit under the company; or

(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest;

Explanation.—In this Article ―goods‖ does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation supply; or

(m) he holds any office of profit in the service of Pakistan other than the following offices, namely: —

(i) an office which is not whole time office remunerated either by salary or by fee;

(ii) the office of Lumbardar, whether called by this or any other title;

(iii) the Qaumi Razakars;

(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

(n) he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or

(o) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or

(p) he is for the time being disqualified from being elected or chosen as a member of a Majlis-e-Shoora (Parliament) or of Provincial Assembly under any law for the time being inforce.

Explanation.-For the purposes of this paragraph ―law‖ shall not include an Ordinance promulgated under Article 89 or Article 128.

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(2) If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and if he fail to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission. .

(3) The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.‖.

22. Substitution of Article 63A of the Constitution.— In the Constitution, for Article 63A, the following shall be substituted, namely:—

―63A. Disqualification on grounds of defection, etc.-(l) If a member of a Parliamentary Party composed of a single political party in a House —

(a) resigns from membership of his political party or joins another Parliamentary Party; or

(b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to —

(i) election of the Prime Minister or the Chief Minister; or

(ii) a vote of confidence or a vote of no-confidence; or

(iii) a Money Bill or a Constitution (Amendment) Bill; he may be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election Commissioner and shall similarly forward a copy thereof to the member concerned:

Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.

Explanation.- ―Party Head‖ means any person, by whatever name called, declared as such by the Party.

(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he, having been elected as a candidate or nominee of a political party which constitutes

294 the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.

(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer, and in case he fails to do so it shall be deemed that he has referred, the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner.

(4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant.

(5) Any party aggrieved by the decision of the Election Commission may, within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within ninety days from the date of the filing of the appeal.

(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(7) For the purpose of this Article,

(a) ―House‖ means the National Assembly or the Senate, in relation to the Federation; and a Provincial Assembly in relation to the Province, as the case may be;

(b) ―Presiding Officer‖ means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as the case may be.

(8) Article 63A substituted as aforesaid shall come into effect from the next general elections to be held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010:

Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article 63A shall remain operative.‖.

23. Substitution of Article 70 of the Constitution.— In the Constitution, for Article 70, the following shall be substituted, namely: —

―70. Introduction and passing of Bills.— (1) A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed

295 without amendment by the other House also, it shall be presented to the President for assent.

(2) If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the House in which it originated and if that House passes the Bill with those amendments it shall be presented to the President for assent.

(3) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent.

(4) In this Article and the succeeding provisions of the Constitution, ―Federal Legislative List‖ means the Federal Legislative List in the Fourth Schedule.‖.

24. Omission of Article 71 of the Constitution.— In the Constitution, Article 71 shall be omitted.

25. Amendment of Article 73 of the Constitution.— In the Constitution, in Article 73,—

(i) For clause (1) the following shall be substituted, namely: —

―(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly:

Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Senate which may, within fourteen days, make recommendations thereon to the National Assembly.‖; and

(ii) after clause (1), substituted as aforesaid, the following new clause shall be inserted, namely:

―(1A) The National Assembly shall consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it shall be presented to the President for assent.‖.

26. Amendment of Article 75 of the Constitution.— In the Constitution, in Article 75,—

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(i) in clause (1), for the word ―thirty‖, the word ―ten‖ shall be substituted;

(ii) for clause (2), the following shall be substituted, namely:—

―(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President, and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.‖ ; and

(iii) in clause (3), after the word ―assented‖, the words ―or is deemed to have assented‖, shall be inserted.

27. Amendment of Article 89 of the Constitution.— In the Constitution, in Article 89, —

(i) in clause (1), before the words ―National Assembly‖ the words ―Senate or‖ shall be inserted;

(ii) in clause (2), in paragraph (a),

(a) in sub-paragraph (i), for the words ―four months‖ the words ―one hundred and twenty days‖ shall be substituted; and for the semi-colon at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely: —

―Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:

Provided further that extension for further period may be made only once.‖; and

(b) in sub-paragraph (ii), for the words ―four months‖ the words ―one hundred and twenty days‖ shall be substituted and for the semi-colon and the word ―;and ‖ at the end a colon shall be substituted and thereafter the following provisos shall be inserted, namely:–

Provided that either House may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended

297 period, or if before the expiration of that period a resolution disapproving it is passed by a House, upon the passing of that resolution:

Provided further that extension for a further period may be made only once; and

(iii) for clause (3), the following shall be substituted, namely: —

―(3) without prejudice to the provisions of clause (2),—

(a) an Ordinance laid before the National Assembly under sub-paragraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and

(b) an Ordinance laid before both Houses under sub-paragraph(ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first laid.‖.

28. Substitution of Article 90 of the Constitution.—In the Constitution, for Article 90, the following shall be substituted, namely: —

―90. The Federal Government.—(1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.

(2) In the performance of his functions under the Constitution, the Prime Minster may act either directly or through the Federal Ministers.‖.

29. Substitution of Article 91 of the Constitution.— In the Constitution, for Article 91, the following shall be substituted, namely:—

―91. The Cabinet.—(1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.

(2) The National Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.

(3) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.

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(4) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:

Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.

(5) The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule:

Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.

(6) The Cabinet, together with the Ministers of State, shall be collectively responsible to the Senate and the National Assembly.

(7) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.

(8) The Prime Minister may, by writing under his hand addressed to the President, resign his office.

(9) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly:

Provided that nothing contained in this clause shall apply to a Minister who is member of the Senate.

(10) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the

299 appointment of any person as Prime Minister or other Minister or a Minister of State during any such period. ―

30. Amendment of Article 92 of the Constitution.— In the Constitution, in Article 92, in clause (1), —

(i) for the brackets and figures ―(7) and (8)‖ the brackets and figures ―(9) and (10)‖ shall be substituted; and

(ii) in the proviso, for full stop at the end a colon shall be substituted and thereafter the following provisos shall be inserted, namely:—

―Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed a eleven percent of the total membership of Majlis-e-Shoora (Parliament):

Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.‖.

31. Amendment of Article 99 of the Constitution.— In the Constitution, in Article 99, —

(i) In clause (2), for the word ―President‖ occurring for the first time the words ―Federal Government‖ shall be substituted and for the words ―in his name‖ the words ―in the name of the President‖ shall be substituted; and

(ii) for clause (3), the following shall be substituted, namely: —

―(3) The Federal Government shall also make rules for the allocation and transaction of its business. ‖ .

32. Amendment of Article 100 of the Constitution.— In the Constitution, in Article 100, in clause (2), after the word ―President‖ the words ―and shall not engage in private practice so long as he holds the office of the Attorney-General‖ shall be added.

33. Amendment of Article 101 of the Constitution.— In the Constitution, in Article 101,—

(i) for clause (1) the following shall be substituted, name1y: —

―(1) There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister.‖.

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(ii) in clause (2), after the word ―age‖, the words ―and is a registered voter and resident of the Province concerned‖ shall be added.

34. Substitution of Article 104 of the Constitution.— In the Constitution, for Article 104, the following shall be substituted namely:—

―104. Speaker Provincial Assembly to act as, or perform functions of Governor in his absence.- When the Governor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions.‖.

35. Amendment of Article 105 of the Constitution.- In the Constitution, in Article 105, —

(i) in clause (1), after the word ―act‖ the words ―on and‖ shal be inserted, and in the proviso, after the word ―that‖ the words ―within fifteen days‖ shall be inserted and after the word ―shall‖ the commas and words ―,within ten days,‖ shall be inserted; and

(ii) for clause (3) the following shall be substituted, namely: —

―(3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,—

(a) appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and

(b) appoint a care-taker Cabinet.‖ and

(iii) clause (4) shall be omitted.

36. Amendment of Article 106 of the Constitution,— In the Constitution, for Article 106, the following shall be substituted and shall be deemed always to have been so substituted with effect from 21st day of August, 2002, namely: —

―106. Constitution of Provincial Assemblies.-(l) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below.—

General Seats Women Non-Muslims Total

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Balochistan 51 11 3 65

Khyber Pakhtunkhwa 99 22 3 124

Punjab 297 66 8 371

Sindh 130 29 9 168

(2) A person shall be entitled to vote if —

(a) he is a citizen of Pakistan;

(b) he is not less than eighteen years of age;

(d) he is not declared by a competent court to be of unsound mind

(3) For the purpose of election to a Provincial Assembly, —

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote;

(b) each Province shall be a single constituency for all seats reserved for women and non- Muslims allocated to the respective Provinces under clause (1);

(c) the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties‘ lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly:

Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.‖.

37. Substitution Article 112 in the Constitution.— In the Constitution, for Article 112, the following shall be substituted, namely: —

―112. Dissolution of Provincial Assembly.-(l) The Governor shall dissolve the Provincial Assembly if so advised by the Chief Minister; and the Provincial Assembly shall, unless

302 sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised.

Explanation.- Reference in this Article to ‗Chief Minister‘ shall not be construed to include reference to a Chief Minister against whom a notice of a resolution for a vote of no-confidence has been given in the Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed.

(2) The Governor may also dissolve the Provincial Assembly in his discretion, but subject to the previous approval of the President, where a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly commands the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose.‖.

38. Amendment of Article 116 of the Constitution.— In the Constitution, in Article 116, —

(i) in clause (2), for the word ―thirty‖ the word ―ten‖ shall be substituted;

(ii) in clause (3), for the words ―not withhold his assent therefrom‖ the words ―give his assent within ten days, failing which such assent shall be deemed to have been given‖ shall be substituted; and

(iii) in clause (4), after the word ―assented‖ the words ―or is deemed to have assented‖ shall be inserted.

39. Amendment of Article 122 of the Constitution.— In the Constitution, in Article 122, in clause (2), proviso shall be omitted.

40. Amendment of Article 127 of the Constitution.— In the Constitution, in Article 127, in paragraph (g), for the word ―seventy‖ the words ―one hundred‖ shall be substituted.

41. Amendment of Article 128 of the Constitution.— In the Constitution, in Article 128, in clause (2), in paragraph (a), for the words ―three months‖ the words ―ninety days‖ shall be substituted and for the semi-colon and the word ―; and‖ at the end a colon shall be substituted and thereafter, the following provisos shall be inserted, namely:—

―Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of ninety days and it shall stand repealed at the expiration of the extended

303 period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:

Provided further that extension for a further period may be made only once.‖.

42. Substitution of Article 129 of the Constitution.— In the Constitution, for Article 129, the following shall be substituted, namely: —

―129. The Provincial Government.— (1) Subject to the Constitution, the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister.

(2) In the performance of his functions under the Constitution, the Chief Minister may act either directly or through the Provincial Ministers.‖.

43. Substitution of Article 130 of the Constitution.— In the Constitution, for Article 130, the following shall be substituted, namely: —

―130. The Cabinet— (1) There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions.

(2) The Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.

(3) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister.

(4) The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly:

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.

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(5) The member elected under clause (4) shall be called upon by the Governor to assume the office of Chief Minister and he shall, before entering upon the office, make before the Governor oath in the form set out in the Third Schedule:

Provided that there shall be no restriction on the number of terms for the office of the Chief Minister.

(6) The Cabinet shall be collectively responsible to the Provincial Assembly and the total strength of the Cabinet shall not exceed fifteen members or eleven percent of the total membership of a Provincial Assembly, whichever is higher:

Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

(7) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.

(8) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.

(9) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.

(10) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.

(11) The Chief Minister shall not appoint more than five Advisers.‖.

44. Substitution of Article 131 of the Constitution.— In the Constitution, for Article 131, the following shall be substituted, namely: —

―131. Governor to be kept informed.— The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly.‖

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45. Amendment of Article 132 of the Constitution.— In the Constitution, in Article 132, in clause (1), for the brackets and figures ―(7) and (8) the brackets and figures ―(9) and (10)‖ shall, respectively, be substituted.

46. Amendment of Article 139 of the Constitution.— In the Constitution, in Article 139, —

(i) in clause (2), for the word ―Governor‖ occurring for the first time the words ―Provincial Government‖ shall be substituted and for the words ―in his name‖ the words ―in the name of Governor‖ shall be substituted; and

(ii) for clause (3) the following shall be substituted, namely:

―(3) The Provincial Government shall also make rules for the allocation and transaction of its business. ―.

47. Amendment of Article 140 of the Constitution.— In the Constitution, in Article 140, in clause (3), after the word ―Governor‖ occurring at the end, the words ―and shall not engage in private practice so long as he holds the office of the Advocate-General‖ shall be added.

48. Insertion of new Article in the Constitution.— In the Constitution, after Article 140 amended as aforesaid, the following new Article shall be inserted, namely:

―140A. Local Government.- Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments.

(2) Elections to the local governments shall be held by the Election Commission of Pakistan.‖.

49. Amendment of Article 142 of the Constitution.— In the Constitution, in Article 142,—

(i) for paragraph (b) the following shall be substituted, namely:–

―(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence.‖.

(ii) for paragraph (c) the following shall be substituted namely: —

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―(c) Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any matter not enumerated in the Federal Legislative List.‖.

(iii) for paragraph (d) the following shall be substituted, namely: —

―(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to all matters pertaining to such areas in the Federation as are not included in any Province.‖

50. Substitution of Article 143 of the Constitution.— In the Constitution, for Article 143, the following shall be substituted, namely: —

―143.- Inconsistency between Federal and Provincial law.— If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis -e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.‖

51. Amendment of Article 144 of the Constitution.— In the Constitution, in Article 144,—

(i) in the marginal note, for the word ―two‖ the word ―one‖ shall be substituted;

(ii) for the word ―two‖ occurring after the word ―if‖ the word ―one‖ shall be substituted, and

(iii) for the words ―either List‖ the words ―the Federal Legislative List‖, shall be substituted.

52. Amendment of Article 147 of the Constitution.- In the Constitution, in Article 147, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:—

―Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.‖.

53. Amendment of Article 149 of the Constitution.—In the Constitution, in Article 149, clause (2) shall be omitted.

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54. Amendment of Article 153 of the Constitution.—In the Constitution, in Article 153,—

(i) for clause (2) the following shall be substituted, namely:-

―(2) The Council shall consist of (a) the Prime Minister who shall be the Chairman of the Council;

(b) the Chief Ministers of the Provinces; and

(ii) clause (3) shall be omitted; and

(iii) in clause (4), after the word ―Parliament‖ occurring in the brackets at the end, the words ―and shall submit an Annual Report to both Houses of Majlis-e-Shoora (Parliament)‖ shall be added.

55. Amendment of Article 154 of the Constitution.—In the Constitution, in Article 154, —

(i) for clause (1), the following shall be substituted, namely: —

―(1) The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over related institutions.‖;

(ii) Clauses (2), (3), (4) and (5) shall be renumbered as clauses (4),(5),(6) and (7), respectively, and after clause (1) amended as aforesaid, the following new clauses shall be inserted, namely: —

―(2) The Council shall be constituted within thirty days of the Prime Minister taking oath of office.

(3) The Council shall have a permanent Secretariat and shall meet at least once in ninety days:

Provided that the Prime Minister may convene a meeting on the request of a Province on an urgent matter.‖.

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56. Amendment of Article 155 of the Constitution.—In the Constitution, for Article 155, in clause (1) after the word ―supply‖ the words ―or reservoir‖ shall be inserted.

57. Substitution of Article 156 in the Constitution.—In the Constitution, for Article 156, the following shall be substituted, namely:

―156. National Economic Council.—(1) The President shall constitute a National Economic Council which shall consist of—

(a) the Prime Minister, who shall be the Chairman of the Council;

(b) the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and

(2) The National Economic Council shall review the overall economic condition of the country and shall, for advising the Federal Government and the Provincial Governments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans it shall, amongst other factors, ensure balanced development and regional. equity and shall also be guided by the Principles of Policy set out in Chapter 2 of Part-II.

(3) The meetings of the Council shall be summoned by the Chairman or on a requisition made by one-half of the members of the Council.

(4) The Council shall meet at least twice in a year and the quorum for a meeting of the Council shall be one-half of its total membership.

(5) The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual Report to each House of Majlis-e-Shoora (Parliament).‖.

58. Amendment of Article 157 of the Constitution.—In the Constitution, in Article 157,—

(i) in clause (1) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely:

―Provided that the Federal Government shall, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any Province, shall consult the Provincial Government concerned.‖; and

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(ii) after clause (2), the following new clause shall be added, namely:

―(3) In case of any dispute between the Federal Government and a Provincial Government in respect of any matter under this Article, any of the said Governments may move the Council of Common Interests for resolution of the dispute.‖.

59. Amendment of Article 160 of the Constitution.—In the Constitution, in Article 160, after clause (3), the following new clauses shall be inserted, namely:

―(3A) The share of the Provinces in each Award of National Finance Commission shall not be less than the share given to the Provinces in the previous Award.

(3B) The Federal Finance Minister and Provincial Finance Ministers shall monitor the implementation of the Award biannually and lay their reports before both Houses of Majlis-e -Shoora (Parliament) and the Provincial Assemblies.‖.

60. Amendment of Article 161 of the Constitution.—In the Constitution, in Article 161, for clause (1) the following shall be substituted, namely: —

―(1) Notwithstanding the provisions of Article 78,

(a) the net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well- head of natural gas is situated;

(b) the net proceeds of the Federal duty of excise on oil levied at well-head and collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of oil is situated.

61. Amendment of Article 167 of the Constitution.—In the Constitution, in Article 167, after clause (3) the following new clause shall be inserted, namely: —

―(4) A Province may raise domestic or international loan, or give guarantees on the security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council. ‖ .

62. Amendment of Article 168 of the Constitution.—In the Constitution, in Article 168,

(i) for clause (3) the following shall be substituted, namely: —

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―(3) The Auditor-General shall, unless he sooner resigns or is removed from office in accordance with clause (5), hold office for a term of four years from the date on which he assumes such office or attains the age of sixty-five years, whichever is earlier.‖.

(ii) after clause (3), amended as aforesaid, the following new clause shall be inserted, namely:

―(3A) The other terms and conditions of service of the Auditor-General shall be determined by Act of Majlis-e-Shoora (Parliament); and, until so determined, by Order of the President.‖; and

(iii) in clause (6), for the words ―such other person as the President may direct shall‖ the words ―the President may appoint the most senior officer in the Office of the Auditor- General to‖ shall be substituted.

63. Amendment of Article 170 of the Constitution.—In the Constitution, Article 170 shall be renumbered as clause (1) of that Article and after clause (1) renumbered as aforesaid the following new clause shall be added, namely: —

―(2) The audit of the accounts of the Federal and of the Provincial Governments and the accounts of any authority or body established by, or under the control of, the Federal or a Provincial Government shall be conducted by the Auditor-General, who shall determine the extent and nature of such audit.‖.

64. Amendment of Article 171 of the Constitution.—In Article 171, for the words ‗the National Assembly‖ the words and brackets ―both Houses of Majlis-e-Shoora (Parliament)‖ shall be substituted.

65. Amendment of Article 172 of the Constitution.—In the Constitution, in Article 172,—

(i) in clause (2), for the word ―within‖ occurring for the second time the word ―beyond‖ shall be substituted; and

(ii) after clause (2) amended as aforesaid, the following new clause shall be inserted, namely: —

―(3) Subject to the existing commitments and obligations, mineral oil and natural gas within the Province or the territorial waters adjacent thereto shall vest jointly and equally in that Province and the Federal Government.‖.

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66. Amendment of Article 175 of the Constitution.—In the Constitution, in Article 175, in clause (1), after the word ―Province‖ the words ―and a High Court for the Islamabad Capital Territory‖ shall be inserted and under clause (1) amended as aforesaid, the following Explanation shall be added, namely:

―Explanation. – The words ―High Court‖ wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.‖.

67. Insertion of Article 175A in the Constitution.—In the Constitution, after Article 175, the following new Article shall be inserted, namely: —

―175A.Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court.—(1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.

(2) For appointment of Judges of the Supreme Court, the Commission shall consist of —

(i) Chief Justice of Pakistan; Chairman

(ii) two most senior Judges of the Supreme Court; Members

(iii) a former Chief Justice or a former Judge of Member the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the two member Judges, for a period of two years:

(iv) Federal Minister for Law and Justice; Member

(v) Attorney-General for Pakistan; and Member

(vi) a Senior Advocate of the Supreme Court of Member

Pakistan nominated by the Pakistan Bar

Council for a term of two years.

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(3) Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.

(4) The Commission may make rules regulating its procedure.

(5) For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following, namely:—

(i) Chief Justice of the High Court to which the Member appointment is being made;

(ii) the most senior Judge of that High Court; Member

(iii) Provincial Minister for Law; and Member

(iv) a senior advocate to be nominated Member by the Provincial Bar Council for a term of two years:

Provided that for appointment of the Chief Justice of a High Court, the most senior Judge of the Court shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice of Pakistan in consultation with the two member Judges of the Commission mentioned in clause (2):

Provided further that if for any reason the Chief Justice of High Court is not available, he shall also be substituted in the manner as provided in the foregoing proviso.

(6) For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely:

(i) Chief Justice of the Islamabad High Court; and Member

(ii) the most senior Judge of that High Court: Member

Provided that for initial appointment of the Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:

Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis, apply.

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(7) For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also include the Chief Justice of the Federal Shariat Court and the most senior Judge of that Court as its members:

Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos to clause (5) shall, mutatis mutandis, apply.

(8) The Commission by majority of its total-membership shall nominate to the Parliamentary Committee one person, for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be;

(9) The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight members, namely: —

(i) four members from the Senate; and

(ii) four members from the National Assembly.

(10) Out of the eight members of the Committee, four shall be from the Treasury Benches, two from each House and four from the Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches by the Leader of the Opposition.

(11) Secretary, Senate shall act as the Secretary of the Committee.

(12) The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within fourteen days, failing which the nomination shall be deemed to have been confirmed:

Provided that the Committee may not confirm the nomination by three-fourth majority of its total membership within the said period, in which case the Commission shall send another nomination.

(13) The Committee shall forward the name of the nominee confirmed by it or deemed to have been confirmed to the President for appointment.

(14) No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof.

(15) The Committee may make rules for regulating its procedure.

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68. Amendment of Article 177 of the Constitution.—In the Constitution, in Article 177, for clause (1) the following shall be substituted, namely:—

―(1) The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointed by the President in accordance with Article 175 A.‖.

69. Amendment of Article 193 of the Constitution.—In the Constitution, in Article 193,

(i) for clause (1), the following shall be substituted, namely: —

―(1) The Chief Justice and each of other Judges of a High Court shall be appointed by the President in accordance with Article I75A.‖

(ii) in clause (2), for the word ―forty‖ the word ―forty-five‖ shall be substituted and shall be deemed always to have been so substituted with effect from the 21st day of August, 2002.

70. Amendment of Article 194 of the Constitution.—In the Constitution, in Article 194, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely: —

―Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court‖.

71. Amendment of Article 198 of the Constitution.—In the Constitution, in Article 198,

(i) after clause (1), the following new clause shall be inserted, namely:—

―(1A) The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.‖

(ii) in clause (3),—

(a) after the word Abbottabad, the comma and the word ―,Mingora‖ shall be inserted; and

(b) after the word ―Sibi‖ occurring at the end, the words ―and Turbat‖ shall be added.

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72. Amendment of Article 199 of the Constitution.—In the Constitution, in Article 199, for clause (4A), the following shall be substituted, namely, —

―(4A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, State property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made:

Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made.‖.

73. Amendment of Article 200 of the Constitution.—In the Constitution, in Article 200,

(i) in clause (1), the proviso shall be omitted; and

(ii) clause (4) shall be omitted.

74. Amendment of Article 203C of the Constitution.—In the Constitution, in Article 203 C,—

(i) in clause (2), after the word ―President‖ occurring at the end the words, figures and letters ―in accordance with Article 175A‖ shall be inserted;

(ii) in clause (3A), for the words ―who are well-versed in Islamic law‖ the words and comma ―having at least fifteen years experience in Islamic law, research or instruction‖ shall be substituted;

(iii) in clause (4), in the proviso, the words ―for a period exceeding two years‖ shall be omitted;

(iv) for clause (4B) the following shall be substituted, namely: —

―(4B) The Chief Justice and a Judge shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.‖;

(v) clause (4C) and clause (5) shall be omitted.

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(vi) for clause (9), the following shall be substituted and shall be deemed always to have been so substituted with effect from the 21st day of August, 2002, namely: —

―(9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of a High Court:

Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause. ‖ .

75. Amendment of Article 203D of the Constitution.—In the Constitution, in Article 203D, in clause (1A), the words ―or the Concurrent Legislative List‖ shall be omitted and for the words ―in the either of those Lists‖ the words ―in the Federal Legislative List‖ shall be substituted.

76. Amendment of Article 209 of the Constitution.—In the Constitution, in Article 209, for clause (5) the following shall be substituted, namely: —

―(5) If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court—

(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or

(b) may have been guilty of misconduct, the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.‖ .

77. Amendment of Article 213 of the Constitution.—In the Constitution, in Article 213,—

(i) in clause (1), the words ―in his discretion‖ shall be omitted;

(ii) after clause (2), the following new clauses shall be inserted, namely:

―(2A). The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person.

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(2B) The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent members from the Treasury Benches and fifty percent from the Opposition Parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders:

Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name:

Provided further that the total strength of the Parliamentary Committee shall not exceed twelve members out of which one-third shall be from the Senate:

Provided also that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the Parliamentary Committee shall comprise the members from the Senate only and the foregoing provisions of this clause shall,mutatis mutandis. apply.‖.

78. Amendment of Article 215 of the Constitution.—In the Constitution, in Article 215, in clause (1),—

(i) for the word ―three‖ the word ―five‖ shall be substituted and thereafter the following proviso shall be inserted, namely: —

―Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent; and

(ii) the existing proviso shall be omitted.

79. Amendment of Article 216 of the Constitution.—In the Constitution, in Article 216, in clause (2), in the proviso, —

(i) in paragraph (a), for the semicolon and the word ―,and‖ a full stop shall be substituted; and

(ii) paragraph (b) shall be omitted.

80. Amendment of Article 218 of the Constitution.—In the Constitution, in Article 218,

(i). for clause(1), the following shall be substituted, namely: —

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―(1) For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies and for election to such other public offices as may be specified by law, a permanent Election Commission shall be constituted in accordance with this Article.‖; and

(ii) for clause (2), the following shall be substituted, namely:

‖ (2) The Election Commission shall consist of ,—

(a) the Commissioner who shall be the Chairman of the Commission; and

(b) four members, each of whom has been a Judge of a High Court from each Province, appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.‖.

81. Amendment of Article 219 of the Constitution.- In the Constitution, in Article 219,—

(i) for the word ―Commissioner‖ the word ―Commission‖ shall be substituted; and

(ii) in paragraph (c), for the full stop at the end a semi colon shall be substituted and after paragraph (c), amended as aforesaid, the following new paragraphs shall be added; namely:-

―(d) the holding of general elections to the National Assembly, Provincial Assemblies and the local governments; and

(e) such other functions as may be specified by an Act of Majlis-e-Shoora (Parliament).‖.

82. Amendment of Article 221 of the Constitution.—In the Constitution, in Article 221, for the word ―Commissioner‖ occurring for the first and second time, the words, ―Election Commission‖ shall be substituted and the words ―Commissioner or an‖ shall be omitted.

83. Amendment of Article 224 of the Constitution.—In the Constitution, in Article 224,

(i) for clause (1), the following shall be substituted, namely:—

―(1) A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately following the day on which the term of the

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Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election shall be declared not later than fourteen days before that day.‖;

(ii) after clause (1) substituted as the aforesaid, the following new clauses shall be inserted, namely :—

―(1A) On dissolution of the Assembly on completion of its term, or in case it is dissolved under Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a care taker Cabinet:

Provided that the care-taker Prime Minister shall be selected by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly:

Provided further that the Members of the Federal and Provincial care-taker Cabinets shall be appointed on the advice of the care-taker Prime Minister or the care-taker Chief Minister, as the case may be.

(IB) Members of the care-taker Cabinets including the care -taker Prime Minister and the care-taker Chief Minister and their immediate family members shall not be eligible to contest the immediately following elections to such Assemblies.

Explanation.- In this clause ―immediate family members‖ means spouse and children.‖: and

(iii) after clause (5) the following new clause shall be inserted and shall be deemed always to have been so inserted with effect from the 21st day of August, 2002, namely: —

―(6) When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the Election Commission by the political party whose member has vacated such seat.‖.

84. Substitution of Article 226 of the Constitution.—In the Constitution, for Article 226, the following shall be substituted, namely:—

―226. Election by secret ballot.- All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot.‖.

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85. Amendment of Article 228 of the Constitution.—In the Constitution, in Article 228, in clause (3), in paragraph (c), for the word ―four‖ the words ―one-third‖ shall be substituted.

86. Amendment of Article 232 of the Constitution.—In the Constitution, in Article 232, in clause (1), for the full stop at the end a colon shall be substituted and after clause (1) amended as aforesaid, the following provisos shall be inserted, namely:

―Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a Resolution from the Provincial Assembly of that Province shall be required:

Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within ten days.‖.

87. Amendment of Article 233 of the Constitution.—In the Constitution, in Article 233, in clause (3), for the words ―a joint sitting‖ the words ―both Houses of Majlis-e- Shoora (Parliament) separately‖ shall be substituted.

88. Amendment of Article 234 of the Constitution.—In the Constitution, in Article 234, in clause (1), —

(i) the words ―or otherwise‖ shall be omitted; and

(ii) for the words ―at a joint sitting‖ the words ―by each House separately‖ shall be substituted.

89. Amendment of Article 242 of the Constitution.—In the Constitution, in Article 242,

(i) in clause (1A), for the words ―in his discretion‖ the words ―on the advice of the Prime Minister‖ shall be substituted‖; and

(ii) after clause (1A), amended as aforesaid, the following new clause shall be inserted, namely:

―(IB) The Chairman of the Public Service Commission constituted in relation to affairs of a Province shall be appointed by the Governor on advice of the Chief Minister.‖.

90. Substitution of Article 243 in the Constitution.—In the Constitution, for Article 243, the following shall be substituted, namely:—

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―243. Command of Armed Forces.—(1) The Federal Government shall have control and command of the Armed Forces.

(2) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.

(3) The President shall subject to law, have power —

(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and

(b) to grant Commissions in such Forces.

(4) The President shall, on advice of the Prime Minister, appoint —

(a) the Chairman, Joint Chiefs of Staff Committee;

(b) the Chief of the Army Staff;

(d) the Chief of the Air Staff, and shall also determine their salaries and allowances.‖.

91. Amendment of Article 246 of the Constitution.—In the Constitution, in Article 246, in paragraph (a),—

(a) in sub-paragraph (i), for the word ―Baluchistan‖ the word ―Balochistan‖ and for the words ―North West Frontier‖ the words ―Khyber Pakhtunkhwa‖ shall be substituted and the word ―and‖ at the end shall be omitted, and

(b) after sub-paragraph (ii), the following new sub-paragraphs shall be inserted, namely:—

―(iii) Tribal Areas adjoining Lakki Marwat District; and

(iv) Tribal Areas adjoining Tank District.‖.

92. Amendment of Article 260 of the Constitution.—In the Constitution, in Article 260, in clause (1), the definition of expression ―consultation‖ shall be omitted.

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93. Insertion of new Articles in the Constitution.—In the Constitution, after Article 267, the following new Articles shall be inserted, namely:—

―267A. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, hereinafter in this Article referred as the Act, or for bringing the provisions of the Act into effective operation, the matter shall be laid before both Houses in a joint sitting which may by a resolution direct that the provisions of the Act shall, during such period as may be specified in the resolution, have effect, subject to such adaptations, whether by way of modification, addition or omission, as may be deemed necessary or expedient:

Provided that this power shall be available for a period of one year from the commencement of the Act.

267B. Removal of doubt.- For removal of doubt it is hereby declared that Article 152A omitted and Articles 179 and 195 substituted by the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), notwithstanding its repeal, shall be deemed always to have been so omitted and substituted.‖.

94. Amendment of Article 268 of the Constitution.—In the Constitution, in Article 268, clause (2) shall be omitted.

95. Amendment of Article 270A of the Constitution.—In the Constitution, in Article 270A,—

(a) in clause (1), the words, commas, brackets and figures ―under which, in consequences of the result of the referendum held on the nineteenth day of December, 1984, General Mohammad Zia-ul-Haq become the President of Pakistan on the day of the first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in clause (7) of Article 41,‖ shall be omitted : and

96. Substitution of new Article in the Constitution.—In the Constitution, for Article 270AA, the following shall be substituted, namely:

―270AA. Declaration and continuance of laws etc.—(l) The Proclamation of Emergency of the fourteenth day of October, 1999, the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.1″ of2000), Chief Executive‘s Order No. 12 of 2002, Chief Executive‘s Order No. 19 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive‘s Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive‘s Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief

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Executive‘s Order No. 32 of 2002), notwithstanding any judgment of any court including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect.

(2) Except as provided in clause (1) and subject to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, all other laws including President‘s Orders, Acts, Ordinances, Chief Executive‘s Orders, regulations, enactments, notifications, rules, orders or bye-laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty -first day of October, two thousand and three (both days inclusive) and still in force shall, continue to be in force until altered, repealed or amended by the competent authority.

Explanation.- For the purposes of clause (2) ‗and clause (6), ―competent authority‖ means, —

(a) in respect of Presidents‘ Orders, Ordinances, Chief Executive‘s Orders and all other laws, the appropriate Legislature; and

(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.

(3) Notwithstanding anything contained in the Constitution or clause (1), or judgment of any court including the Supreme Court or a High Court, —

(a) Judges of the Supreme Court, High Courts and Federal Shariat Court who were holding the office of a Judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order, 2000, (I of 2000), shall be deemed to have continued to hold the office as a Judge or to have been appointed as such, as the case may be, under the Constitution, and such continuance or appointment, shall have effect accordingly.

(b) Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office of (Judges) Order, 2000 (I of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation.

(4) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty first day of December, two thousand and three (both inclusive), in exercise of the powers derived from any

324 authority or laws mentioned in clause (2), or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in clause (1), be deemed to be valid and shall not be called in question in any court or forum on any ground whatsoever.

(5) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or clause (4) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.

(6) Notwithstanding omission of the Concurrent Legislative List by the Constitution (Eighteenth Amendment) Act, 2010, all laws with respect to any of the matters enumerated in the said List (including Ordinances, Orders, rules, bye-laws, regulations and notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra-territorial operation, immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to remain in force until altered, repealed or amended by the competent authority.

(7) Notwithstanding anything contained in the Constitution, all taxes and fees levied under any law in force immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to be levied until they are varied or abolished by an Act of the appropriate legislature.

(8) On the omission of the Concurrent Legislative List, the process of devolution of the matters mentioned in the said List to the Provinces shall be completed by the thirtieth day of June, two thousand and eleven.

(9) For purposes of the devolution process under clause (8), the Federal Government shall constitute an Implementation Commission as it may deem fit within fifteen days of the commencement of the Constitution (Eighteenth Amendment) Act, 2010.‖.

97. Amendment of Article 270B of the Constitution.—In the Constitution, in Article 270B, after the figure and comma ―1977,‖, the words, commas, figures and brackets ―and the Conduct of General Elections Order, 2002 (Chief Executive‘s Order No.7 of 2002),‖ shall be inserted and shall be deemed always to have been so inserted with effect from the 21st day of August, 2002.

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98. Insertion of new Article 270BB of the Constitution.—In the Constitution, after Article 270B, amended as aforesaid, the following new Article shall be inserted, namely: —

―270BB. General Elections 2008.—Notwithstanding anything contained in the Constitution or any other law for the time being in force, the General Elections 2008, to the National Assembly and the Provincial Assemblies held on the eighteenth day of February, two thousand and eight shall be deemed to have been held under the Constitution and shall have effect accordingly.‖.

99. Amendment of Annex to the Constitution.—In the Constitution, in the ANNEX, in the Objectives Resolution, in the sixth paragraph, after the word ―to‖ the word ―freely‖ shall be inserted.

100. Amendment of Third Schedule to the Constitution.- In the Constitution, in the Third Schedule,

(i) in the Oath prescribed for the Prime Minister, for the figure ―3‖ occurring in the brackets, the figure ―5‖ shall be substituted;

(ii) in the Oath prescribed for the Chief Minister or Provincial Minister, for the figures and brackets ―131(4)‖ the figures and brackets ―130(5)‖ shall be substituted;

(iii) in the Oath prescribed for the Speaker of a Provincial Assembly, for the words ―I will discharge‖ the words and comma ―and whenever I am called upon to act as Governor, I will discharge‖ shall be substituted; and

(iv) for the Oath prescribed for the Chief Justice or a Judge of the Federal Shariat Court, the following shall be substituted, namely:—

“CHIEF JUSTICE OR JUDGE OF

THE FEDERAL SHARIAT COURT

“[Article 203 C (7)]

(Bismillah Er Rakhman Ne Ra Kheem)

(In the name of Allah, the most Beneficent, the most Merciful.)

I______do solemnly swear that I will bear true faith and allegiance to Pakistan:

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That, as Chief Justice of the Federal Shariat Court (or a Judge of the Federal Shariat Court), I will discharge my duties, and perform my functions, honestly, to the best of my ability, and faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan and the law:

That I will not allow my personal interest to influence my official conduct or my official decisions.

That I will abide by the code of conduct issued by the Supreme Judicial Council:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will.

May Allah Almighty help and guide me (A‘meen);‖

101. Amendment of Fourth Schedule to the Constitution.—In the Constitution, in the Fourth Schedule, in the Federal Legislative List, —

(1) in Part 1,—

(i) in entry 18, in sub-entry (c) for the full stop at the end the semicolon and a word ―;and‖ shall be added and after sub-entry( c) amended as aforesaid, the following new sub-entry shall be added, namely:—

―(d) boilers.‖.

(ii) for entry 32 the following shall be substituted, namely:–

―32. International treaties, conventions and agreements and International arbitration.‖.

(iii) entries 21, 33, 38 and 40 shall be omitted;

(iv) entry 45 and entry 46 shall be omitted;

(v) in entry 49, after the word ―consumed‖ the comma and words ―, except sales tax on services‖ shall be added.

(vi) in entry 50, after the word ―taxes‖ the words ―on capital gains‖ shall be omitted.

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(2) in Part II,—

(i) entries 4,5,6,7, and 8 shall be renumbered as entries 14, 15,16, 17 and 18, respectively, and

(ii) after entry 3, the following new entries shall be inserted, namely:—

―4. Electricity.

5. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of port authorities therein.

1. All regulatory authorities established under a Federal law.

1. National planning and national economic coordination including planning and coordination of scientific and technological research.

1. Supervision and management of public debt.

1. Census.

1. Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area in another Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in another Province without the consent of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

1. Legal, medical and other professions.

1. Standards in institutions for higher education and research, scientific and technical institutions.

1. Inter-provincial matters and co-ordination.‖.

(3) The Concurrent Legislative List and the entries thereto from 1 to 47 (both inclusive) shall be omitted.

102. Omission of the Sixth and the Seventh Schedule in the Constitution.—In the Constitution, the Sixth Schedule and the Seventh Schedule shall be omitted.

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