Reclamation of federal democracy
through 18th Amendment:
Lessons Learnt and Way Forward
ZAFARULLAH KHAN
WWW.CIVICEDUCATION.ORG
Understanding devolution?
 Decentralization (assigned) versus Devolution (allocated
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could only be changed through 2/3 majority)
Principle of subsidiarity (Nearest tier is the best service
provider). Logic for vibrant Local government.
Vertical: Federal [Defence and Debt establishment],
provincial [space for politics], local/district [political or
administrative proxies]
Pakistani experience: Centralized GRIP
Horizontal: ‘Trias Politica’ [separation of power Legislature
(vision, frame-work), Executive (implementation), Judiciary
(interpretation, adjudication)]
Pakistani experience: Distorted institutional spaces.
Indigenized politics amid colonial steal frames
Federal Democratic Pyramid
Federal
Provincial
Local
What we have is an ‘Inverted Pyramid’
Federal
Provincial
Local
Quest for provincial autonomy
 Since 1947 Pakistani politics was around the
Question of Provincial Autonomy. Partitions (1947)
and Dismemberment (1971) on denial of autonomy.
 Political Struggles/Documents authored in the idiom
of autonomy: [21-points of Jugtoo Front, Six points,
MRD Declaration, Charter of Democracy all
authored in idiom of Provincial Autonomy]
 ‘A user manual of statecraft’. Lawyer’s
Constitution: Legalistic solutions to primarily
political questions (Circumvented, convenient,
colored versus consensus)
When the Constitution is suspended our
Fundamental Rights are suspended
The chain process
Red Card:
 Country at conflict since 1947, covert war since 1979, overt
war since 2001. Disequilibrium in civil-military relations,
divided and weak politics [ethnic, religious/sectarian]
Green Card:
 Prelude: Charter of Democracy [May 2006]
 Election 2008: sustained consensus despite odds
 Democratic rapprochement: 7th NFC, Aghaaz-e-Haqooq
Balochistan, Parliamentary Committee on National Security
etc.
 Cleaning the Constitution: Parliamentary Committee on
Constitutional Reforms
 Operationalizing reforms: Implementation Commission
New Constitutional software
 Indigenous/home grown legislative, administrative and fiscal
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reforms with political consensus.
Re-written Federal-provincial pact (politics in the idiom of
provincial autonomy), expanded fundamental rights.
Paradigm of Institutional power: the Parliament repository
of power. (CCI, NEC, NFC, Committees to appoint judges,
Election Commission of Pakistan, Caretakers, NCSW, NCHR).
Referendum question in Joint Sitting.
Proactive provinces/autonomy: Provincial role in
Emergency, Governor to be from the Province, 140-A Local
Government by provinces with minimum bench marks. Joint
and equal ownership in natural resources, protected share in
National Finance Commission.
Cooperative Federalism: Metaphor of ‘joint family’ instead
of ‘divorce.’ Federalize institutions to nurture federal culture.
Chance for cooperative federalism
 Abolition of Concurrent list (Structural/institutional
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changes, financial obligations, political consequences).
Possibilities for better governance architecture,
equality/equity via multi-factor PFC
International obligations and indigenous compliance
Articles 141-174 (Constitution) deal with relation between
federation and provinces. There were seventeen (17)
amendments
Concept of Residual powers (142-c)
Federal List-II (Shared responsibility) Entry 13: Interprovincial coordination and matters
Council of Common Interests, National Economic
Council, National Finance Commission monitoring.
Functionality of CCI
Number of CCI Meetings
Number of CCI Meetings
8
4
3
3
3
1
Zulfiqar Ali
Bhutto
0
Gen. Ziaul
Haq
0
Benazir
Bhutto
Nawaz Sharif
Moeen
Qureshi
3
1
0
Benazir
Bhutto
Nawaz Sharif
0
Pervez
Shaukat Aziz Yousaf Raza
Musharaf
Gillani
Pervaiz
Ashraf
Nawaz Sharif
Informal communication link
Constitutional reports
S. no
Report
Periodicity
The Senate of The
National Provincial
Pakistan
Assembly
of Assemblies
Pakistan
1
Principles of Policy
Article 29 (3)
Annual
Yes
Yes
th
(After the 18
Amendment)
2
Council of Common Interests
Article 153 (4)
Annual
Yes
Yes
No
th
th
(After the 18
(After the 18
Amendment)
Amendment)
3
National Economic Council
Article 156 (5)
Annual
Yes
Yes
th
(After the 18
(After the 18th
Amendment)
Amendment)
4
National Finance Commission Bi-annual
Article 160 (3B)
Yes
Yes
Yes
th
th
(After the 18
(After the 18
(After the 18th
Amendment)
Amendment)
Amendment)
Provincial report?
5
Auditor General
Article 171
Yes
Yes
th
(After the 18
Amendment)
Annual
Yes,
every
province its’ own
report
Yes,
every
province its’ own
report
Compliance!
CCI Report
NEC Report
NFC Report
Principles of
Policy
Last report of
2012-13 laid on
June 6, 2014
Last report of
2012-13 laid on
Aug. 12, 2014
Last report of
July-Dec. 2012
laid on May 7,
2014
Last Report of
2011-12 laid on
Aug. 12, 2014
Last reports:
2011-12
2010-11
Last reports
2010-11
Since July-Dec.
2010 (four
reports)
Combined report
of 2008-09 and
2009-10
No discussion in
No discussion in
No discussion in
No discussion in
the Senate and the the Senate and the the Senate and the the Senate and the
National Assembly National Assembly National Assembly National Assembly
Responsible: CCI
secretariat:
Ministry of IPC
has to prepare
Responsible: NEC
Secretariat:
Cabinet Division
Responsible:
Finance Ministry
Responsible:
Cabinet Division
Policy: Education
Contested devolution
Creation of Federal Ministry (an issue with CCI)
National Curriculum Council?
According to Economic Survey of Pakistan 2013-14
In rural Pakistan 74 percent attend public schools, 26
percent private schools including Madrasah
 In Urban Pakistan 41 percent go to public and 59 percent to
private schools including Madrasah
 Out of 156 Degree Awarding Institutions/Universities 87
[55.76 %] are public and 69 [44.23 %] are private.
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It is time to re-think EDUCATIONAL GOVERNANCE in
Pakistan CREATE FEDERAL CULTURE AND MINDSET
Province/Area
RTE Legislation
Passed
Enacted
Federal The Right to Free and Compulsory Education
Capital Act-2012
Dec. 19, 2012
Dec. 24, 2012
Balochis 1.
tan
2.
Jan. 28, 2014
Feb. 4, 2014
Jan. 25, 2014
Feb. 3, 2014
The Compulsory Education in the province
of Balochistan Act-2014
The Balochistan Introduction of mother
languages as compulsory additional subject
at Primary level Act-2014
Khyber- The Khyber Pakhtunkhwa Supervision of
Pakhtun Curricula, Text Board and Maintenance of
khwa
Standards of Education Act, 2011
Punjab
1.
2.
3.
Sindh
The Punjab Curriculum Authority Act-2012
[In September 2014 it has been merged with
Punjab Text Book Board]
The Punjab Free and Compulsory Education
Ordinance 2014
HEC
The Sindh Right of Children to Free and
Compulsory Education Act, 2013
Sindh Higher Education Commission
June 21, 2012
Ordinance promulgated The Ordinance’s legal life
on May 13, 2014.
is 120-day
Introduced in the
Provincial Assembly on
May 16.
Feb. 13, 2013
March 6, 2013
April 28, 2014
National Security
Purse/Revenues
 Sindh Revenue Board-2010
 Punjab Revenue Authority-2012
 Khyber-Pakhtunkhwa Revenue Authority-2013
 Provincial powers to raise loans within prescribed
limits by the National Economic Council
 Public Debt and Fiscal Responsibility laws?
 Resource distribution (7th NFC, Control over natural
resources, GST on Services, duties in respect of
succession to property, estate duty in respect of
property, Capital gains, powers to raise loans etc.)
Scenarios within constitutional path
 Trust the provinces (transfer, transition, transformation)
 Special Committee of the Senate, Standing Committee of
CCI, PM’s special committee
 Constitutional Amendments (2/3 can bring change)
 Facilitate transition (Cost of devolution, hand-holding
etc.) with better inter-governmental relations,
communication and Cooperation
 Create Federal culture and mindset. Federal filters for
policy and planning and establishment of federal
institutions instead of the institutions of the federal
government.
Future governance challenges?
 First time provinces controlled by different parties. The
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Senate dominated by the Opposition till March 2015
Pending Population Census since 2008. [Redistribution
of economic, political wealth and demand for new
provinces]
The 8th NFC due in 2015 [Negotiations to start in 2014].
Especially for HEC, Vertical Programs health
Amending Article 27 (Quota system) since Aug. 2013
Functionality of federal forums like: the CCI and the NEC
Functional Local Government: November 2014 deadline
Compatibility of ‘centralized bureaucracy’ with ‘devolved
governance. Pending agenda of Civil Services Reforms.
Final question?
Where are the proactive
provinces that were
yearning for autonomy?