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The Politics of Federalism in Pakistan

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The Politics of Federalism in Pakistan The Politics of Federalism in Pakistan: An Analysis of the Major Issues of 18th and 20th Amendments Submitted by: Kamran Naseem Ph. D. Scholar Politics &I R Reg. No.22-SS/ Ph. D IR/ F 08 Supervisor: Dr. Amna Mahmood Department of Politics and IR Faculty of Social Sciences International Islamic University Islamabad 1 Table of Contents Introduction …………………………..……………………….…………………... 20-30 I.I State of the Problem I.II Scope of Thesis I.III Literature Review I.IV Significance of the Study I.V Objectives of the Study I.VI Research Questions I.VII Research Methodology I.VIII Organization of the Study Chapter 1 Theoretical Framework ………..……………………………...……… 31-56 1.1 Unitary System 1.2 Some Similarities in Characteristics of the Federal States 1.2.1 Distribution of Powers 1.2.2 Independence of the Judiciary 1.2.3 Two Sets of Government 1.2.4 A Written Constitution 1.3 Federalism is Debatable 1. 4 Ten Yardsticks of Federalism 1.4.1 One: Comprehensive Control over Foreign Policy 1.4.2 Two: Exemption against Separation 1.4.3 Three: Autonomous Domain of the Centre 1.4.4 Four: The Federal Constitution and Amendments 1.4.5 Five: Indestructible Autonomy and Character 1.4.6 Six: Meaningful and Remaining Powers 1.4.7 Seven: Representation on parity basis of unequal Units and Bicameral Legislature at Central Level 1.4.8 Eight: Two Sets of Courts 1.4.9 Nine: The Supreme Court 2 1.4.10 Ten: Classifiable Distribution of Power 1.4.11 Debatable Results of Testing the Yardsticks of Federalism 1.5 Institutional theory 1.5.1 Old Institutionalism 1.5.2 The New Institutionalism (NI) 1.5.3 Historical Institutionalism (HI) 1.5.4 Rational Choice Institutionalism (RCI) 1.5.5 Sociological Institutionalism 1.6 The Liberal School of Thought 1.7 The Realist Theory 1.8 Dual Federalism 1.9 Co-operative Federalism Chapter 2 ………………………………………..…………………………………..57-79 2.1 Federalism under Interim Constitution 2.1.1 Dominant Role of the Centre 2.1.2 Role of the Governor General 2.1.3 Role of the Centre in Administrative Affairs 2.1.4 Ascendancy of the Centre in Fiscal Relations 2.1.5 The Issue of Provincial Autonomy 2.2 Constitution-making (1947-56) 2.2.1 Objective Resolution 1949 2.2.2 Basic Principles Committee 2.2.3 Second Report of BPC 2.2.4 Muhammad Ali Formula 2.2.5 One Unit 2.3 The Constitution of 1956 2.3.1 Administrative Relations between the Centre and the Provinces 2.3.2 Financial Relations 2.3.4 Failure of the 1956 Constitution 3 2.4 Ayub Khan in Power 2.5 The Constitution of 1962 2.5.1 The Legislature 2.5.2 The President 2.5.3 The Judiciary 2.5.4 Structure at the Provincial Level 2.5.5 Basic Democracies Chapter 3 The 1973 Constitution ……………………………………………….. 80-108 3.1 Yahya Khan in Power 3.1.1The LFO 3.1.2 The 1970 Elections 3.1.2.1 Election Campaign 3.2 East Pakistan Separation 3.2.1 Situation after the Elections 3.3 Interim Constitution 3.4 The 1973 Constitution 3.4.1 Salient Features of the Constitution 3.4.1.1 Islamic Provisions 3.4.1.2 The Parliament 3.4.1.3 The Executive 3.4.1.4 Judiciary 3.4.1.5 Legislative Powers 3.4.1.6 Emergency Powers 3.4.1.7 Financial Relations 3.4.1.8 The National Finance Commission (NFC) 3.4.1.9 The Council of Common Interest (CCI) 3.4.1.10 Civil-Military Equation 3.5 The 1977 General Elections 3.6 General Ziaul Haq in Power 4 3.7 The 1985 General Elections 3.8 The 8th Amendment 3.9 The Dissolution of the subsequent National Assembly (1988, 1990, 1993 and 1996) 3.10 The 1990 Elections 3.11 The 1993 Elections and the Second Benazir Government 3.12 The 1997 Elections and Nawaz Sharif’s Second Term 3.13 The 13th Amendment in the 1973 Constitution 3.13.1 Amendment of Article 58 3.13.2 Amendment of Article 101 3.13.3 Amendment of Article 112 3.13.4 Amendment of Article 243 3.14 Military Coup of October 12, 1999 3.15 The LFO 3.16 The Elections 2002 3.17 The 17th Amendment Chapter 4 Politics of the 18th and 20th Constitutional Amendments (What Happened and Why) ……………………………...………… 109-160 4.1. Need for Amendment in the 1973 Constitution 4.2 Journey towards the 18th Amendment 4.2.1 Charter of Democracy (CoD) 4.2.1.1 Amendments in the 1973 Constitution 4.2.1.2 Code of Conduct 4.2.1.3 Free and Fair Elections 4.2.1.4 Civil- Military Relations 4.3 General Elections 2008 4.4 The SPCCR 4.5 The 18th Amendment Bill 4.6 Main Features of the 18th Constitutional Amendment 5 4.7 Detail of Features of the 18th Amendment 4.7.1 Revival of Parliamentary system 4.7.2 Enhancement in the Role of the Prime Minister 4.7.3 Referendum Call 4.7.4 Approval of Bills 4.7.5 The Executive Authority 4.7.6 Session of the National Assembly after the General Elections 4.7.7 Governor’s Appointment, Powers and Functions 4.7.8 Provincial Cabinet 4.7.9 Appointments of the Chiefs of the Armed Forces 4.8 Enhancement in the Role of the Parliament 4.8.1 Dissolution of the National Assembly 4.8.2 Size of the Cabinet 4.8.3 Revision of the Legislative Powers 4.8.4 Withdrawal of Discretionary Powers 4.8.5 Appointment of Acting Governor 4.8.6 Appointment of the Judges 4.8.7 Appointment of the Chief Election Commissioner 4.8.8 Care-taker Cabinet 4.8.9 Declaration of the Emergency 4.8.10 Appointment of Chiefs of Armed Forces 4.8.11 Deletion of the Sixth and the Seventh Schedule from the Constitution 4.9 Revision in the Role of the Senate 4.9.1 Financial Bill in the Senate 4.9.2 Promulgation of the Ordinances 4.9.3 Responsibility of the Cabinet 4.9.4 Appointment of the Judges 4.9.5 Laying Reports before the Senate 4.9.6 Appointment of the Chief Election Commissioner 6 4.9.7 Proclamation of the Emergency 4.10 Provincial Autonomy 4.10.1 The Fourth Schedule 4.10.2 Electricity 4.10.3 Natural Gas and Hydroelectric Power 4.10.4 Borrowing of Loans 4.10.5 Ownership 4.10.6 Provincial Assemblies 4.10.7 Economic Sector 4.10.7.1 Regulations of the Business 4.10.8 Social Sectors 4.10.8.1 Culture, Tourism and others 4.10.8.2 Environment 4.10.8.3 Education 4.10.8.4 Health 4.10.8.5 Labour and Manpower 4.10.8.6 Population Welfare 4.11 Election Commission 4.12 Judiciary 4.12.1 Appointment of the Judges in the Supreme Court 4.12.2 Appointment of the Judges in the High Court 4.12.3 Appointment of the Judges in the Islamabad High Court 4.12.4 Appointment of the Judges in the Federal Shariat Court 4.12.5 Working of the Judicial Commission and the Parliamentary Committee 4.13 Fiscal Federalism 4.13.1 Historical View of Fiscal Arrangements in Pakistan 4.13.2 The NFC 4.13.3 The 7th NFC Award 4.13.4 Relationship between the Federal Government and the Provinces 7 4.13.4.1 The CCI 4.13.4.2 National Economic Council 4.14 Local Government 4.15 The 18th Amendment in the Supreme Court 4.16 The 19th Amendment 4.17 The 20th Amendment 4.17.1 The Care-taker Government 4.17.1.1 Appointment of the Care-taker Prime Minister 4.17.1.2 Appointment of the Care-taker Chief Minister 4.17.2 Election Commission Chapter 5 Implementation of the 18th Amendment ……………………….… 161-231 5.1 The 18th Amendment Implementation Commission 5.1.1 Functions of the Implementation Commission 5.1.2 Performance of the Implementation Commission in Respect to Implementation of the 18th Amendment 5.1.3 Recommendations of the Implementation Commission 5.1.4 Approval of the Commission’s Proposals 5.2 Strengthened Role of the Prime Minister and the Parliament 5. 3 Session of the National Assembly after the General Elections 5.4 Sessions of the Provincial Assemblies after the General Elections 5.5 Governor’s Appointment, Powers and Functions 5.6 Size of the Provincial Cabinet 5.7 Size of the Federal Cabinet 5.8 Care-taker Cabinet 5.8.1 Care-taker Cabinet at Federal Level 5.8.2 Care-taker Cabinet at Provincial Level 5.8.2.1 Punjab 5.8.2.2 Balochistan 5.8.2.3 KPK 8 5.8.2.4 Sindh 5.9 Provincial Autonomy 5.9.1 Allocation of Functions 5.9.2 Social Services 5.9.3 Utility Services 5.9.4 Transportation 5.9.5 Other Services 5.9.6 The 18th Amendment and Revision of Subjects 5.7 Fiscal Federalism 5.7.1 Devolution of Ministries 5.7.2 The 18th Amendment and Implications for Development and Finance 5.8 The CCI 5.9 The NEC 5.10 Local Government 5.10.1 Local Government in Pakistan: A Brief History 5.10. 2 Local Government in some other Countries 5.10.2.1 India 5.10.2.1.1 Urban Local Bodies in India 5.10.2.2 Canada 5.10.2.3 South Africa 5.10.2.4 Brazil 5.10.2.5 Lessons for Pakistan 5.11 Election Commission 5.11.1 First General Elections (2013) after Passage of the 18th Amendment 5.11.1.1 Election Schedule 5.11.1.2 Reaction of Political Parties on Election 2013 Results 5.11.1.3 PILDAT’s Recommendation for Future Elections 5.11.1.4 The PTI’s Claim of Rigging in the General Elections 2013 5.11.1.5 The Judicial Commission 9 5.12 Some Key Issues after Passage of the 18th Amendment 5.12.1 The HEC 5.12.1.1 Constitutional Status 5.12.2 Gas 5.12.2.1The 18th Amendment 5.12.3Electricity 5.12.3.1The 18th Amendment 5.12.4 Drug Regulation 5.12.5 Environmental Protection 5.12.6 Agriculture 5.12.7 Workers’ Welfare Fund (WWF) and Employees’ Old-Age Benefits Institution (EOBI) 5.12.7.1 WWF 5.12.7.2 EOBI 5.13 Regulatory Authorities Conclusion …………..………………………………………………….……….
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