Constitution making: The development of federalism in Pakistan

Research Paper, 2022

The primary goal of this study is to critically evaluate the origin and growth of federalism in Pakistan since its inception in 1947. This historical analysis scrutinizes constitutional development in relation to the federal provisions of various constitutional proposals and amendments adopted by the Pakistani parliament. Historically, the federation has been centralist in its approach. Unlike its counterparts, it established a unicameral legislature under its constitutions of 1956 and 1962. However, Pakistan's 1973 constitution not only granted provinces considerable provincial autonomy but also established a bicameral legislature and granted parity representation to units in the federal chamber. This paper claims that the federation underwent a major transition in 2010 when the parliament passed the 18th constitutional amendment that reformed the federal structure substantially. It is argued that since the enactment of this amendment, self-rule and shared rule, which is the essence of federalism, is strengthened in Pakistan. In this context, this study examines how this amendment has led to legislative, administrative, and fiscal decentralization and enhanced the role of the Senate and Council of Common Interests in Pakistan.

International Journal of Educational Administration, Management, and Leadership

This article would attempt explore the roots of federation of Pakistani with respect to analyzing its political and Constitutional history from the British India. Because the idea of federation in this region has its roots in that period. The ideas of federalism emerged from the British introduced constitutional schemes. In response to that schemes, Congress and Muslim League had its own demands and which manifest their particular orientation for federalism. The theme of this article is to explore the differences of Congress and Muslim League on the federal arrangement in British India and on the future union of India. In this regard position of Muslim League is especially put in to consideration that what the party has its ideology regarding the federal form of government. For understanding the nature of Muslim league’s ideology regarding federalism, the politics and policies of Muslim League are studied in this article. This article poses challenge to the claims which are taken as...

The Constitutional History of Pakistan is a riveting narrative that spans from the country's inception in 1947 to the present day. Shaped by visionary leaders and marred by intermittent military interventions, Pakistan's constitutional journey reflects a constant struggle to balance democracy, governance, and societal values. The initial constitutional framework, influenced by the Government of India Act, of 1935, set the stage for subsequent developments. From the milestone of the first constitution in 1956 to the tumultuous eras of Ayub Khan, Zulfikar Ali Bhutto, and military rule, each phase left an indelible mark. The 1973 Constitution marked a return to parliamentary democracy, yet challenges persisted, including periods of constitutional suspension and the influence of Zia-ul-Haq's Islamization policies.

The Federalism in Pakistan within Constitutional Frameworks, 2023

This article explores the application of federalism in Pakistan, following its development from the initial provisional constitution to the current one. It examines the legislative, executive, and monetary authority bestowed upon the federal and provincial governments of Pakistan under the country's three constitutions. The article concludes that the history of federalism in Pakistan highlights the significance of putting it into practice in accordance with its genuine spirit, embracing an interpretivist paradigm with a qualitative approach.

2010

This paper looks at the issue of federalism in Pakistan. It begins with an analysis of the conceptual paradigms of federalism and goes on to examine the history of federalism in Pakistan. The paper goes on to discuss the reasons for the failure to develop an organic federal covenant as well as discuss how the 7 th National Finance Commission (NFC) Award and the 18 th Amendment may be indicative of a paradigm shift. The paper concludes by presenting the way forward for federalism in Pakistan.

Federalism in Asia, 2007

CONSTITUTIONAL DEVELOPMENT OF PAKISTAN, 2018

Pakistan's constitution has experienced a thorough evolution in her short history. This paper explores this constitutional development thoroughly through the pre- and post- independence years. The clashes of various interest groups in a diverse society packed in a small piece of land, this journey explores how a third-world society may go through political exploitation and lead onto better democratic values.

A comprehensive design of federalism has never been developed in Pakistan though the country has a long history of transitional governance. Since independence the federal system of Pakistan remained highly centralized which created a number of problems including sense of deprivation, inequality and injustice among the units, which triggered the regionalist inclination. However, the federation of Pakistan is gradually moving towards maturity but it will take long time to match the US federation. Pakistan needs a genuine federal system like USA in order to redress the grievances of the component units, ensure political stability, gain economic strength and achieve the goals of development and prosperity. This paper aims at analyzing the characteristic of federalism in Pakistan and USA in comparative manner and intends to identify the similarities and differences between US and Pakistan's federal systems. It concludes that despite of key similarities, the major difference between the two systems is the maturity level and the political culture persistent in the two states. US' political culture is more mature than Pakistan and has a history of more than 200 years while Pakistan is passing through transition and infancy stage.

African Journal of Political Science and International Relations, 2013

This paper made an effort to examine the constitutional fundamentals of federalism in Pakistan. Its focal point is on the major constitutional developments made in Pakistan for the promotion of federalism, by examining the problems faced by federalism. This is because of the fact that the federal form of government is more proper for those societies which are diverse in nature. A greater part of the societies in Pakistan consist of diverse ethnic, cultural and linguistic groups. If the mixture of these groups is not combined by a viable political system, the endurance of the particular society may be at risk.

Abstract Federalism approaches a significant transformation in Pakistan in the repercussion of 18th amendment. The amendment produces a facet of loose federalism which is relevant with United States of America (USA) federal model. The paper examines the features of federalism in Pakistan and USA in comparative perspectives in post 18th amendment paradigm and find out its various features. The research concludes that, to accelerate a balanced federalism which is a feature of USA, constitutional transition and democracy will play a vital role in Pakistan.