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FEDRALISM IN PAKISTAN

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Evolution, structure, party system etc.

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2/25/2024

M.ISMAEEL

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FEDERALISM IN PAKISTAN
Federalism refers to the distribution of powers and responsibilities between a
central government and regional or state governments within a country. The
evolution of federalism can be traced through different stages, often influenced
by historical events, political ideologies, and legal interpretations. Here's a
comprehensive explanation of the evolution of federalism:

1. Early Concepts of Federalism (Pre-1787):

- Before the United States Constitution, there were early experiments with
federalism, such as the Articles of Confederation. However, these early attempts
were characterized by a weak central government and strong state autonomy.
The shortcomings of the Articles of Confederation, such as the inability to raise
revenue and maintain a standing army, led to a reevaluation of the federal
structure.

2. Constitutional Convention (1787):

The U.S. Constitution was drafted in 1787 to address the weaknesses of the
Articles of Confederation. The delegates sought to create a stronger central
government while still preserving the autonomy of the states.
The Constitution established a system of dual federalism, where there were
clear and separate powers for the federal and state governments.

3. McCulloch v. Maryland (1819):

The Supreme Court case of McCulloch v. Maryland marked a crucial moment in
the evolution of federalism. Chief Justice John Marshall's decision affirmed the
supremacy of the federal government and its implied powers, as outlined in the
Necessary and Proper Clause (Article I, Section 8).
This decision laid the groundwork for a more expansive interpretation of federal
powers.
4. Civil War and Dual Federalism (1861-1865):
The Civil War had a profound impact on federalism. The struggle over states'
rights and the authority of the federal government intensified during this period.
 The Union victory reinforced the concept of a strong federal government, and
the 14th Amendment further clarified the relationship between the federal
government and the states.
5. Progressive Era (late 19th to early 20th century):
The Progressive Era witnessed a shift towards cooperative federalism. As the
challenges of industrialization and urbanization increased, there was a growing
recognition that addressing these issues required collaboration between the
federal and state governments.
Programs like the New Deal under President Franklin D. Roosevelt further
expanded federal involvement in addressing economic and social issues.
6. New Federalism (1960s-1980s):
With the civil rights movement and the Great Society programs, the federal
government's role expanded to address social inequalities and provide social
services.
The 1960s and 1970s saw a backlash against perceived federal overreach,
leading to the emergence of New Federalism. This approach emphasized
devolving powers back to the states and promoting state innovation.
7. Cooperative Federalism (1980s-Present):
In recent decades, the lines between federal and state responsibilities have
become more blurred. Cooperative federalism involves collaborative efforts
between different levels of government to address complex issues.
Federal grants and programs often require state participation, creating
interdependence between the federal and state governments.
8. Contemporary Challenges and Debates:
Today, federalism faces challenges such as debates over the scope of federal
power, unfunded mandates, and the balance between state autonomy and
national unity.
Issues like immigration, healthcare, and environmental regulations continue to
shape the ongoing evolution of federalism.
In summary, the evolution of federalism in the United States reflects a dynamic
interplay of historical events, legal interpretations, and changing societal needs. It
has moved from early experiments with weak central authority to a complex
system that balances national and state powers in response to the challenges of
each era.
The evolution of federalism in Pakistan has been influenced by historical, political,
and socio-economic factors. Pakistan, since its creation in 1947, has experienced
various phases of federalism, and the structure of its federal system has evolved
over time. Here is an overview of the evolution of federalism in Pakistan:

1. Formation of Pakistan (1947):

- Pakistan was created as a result of the partition of British India in 1947. The
initial years saw the country operating under a centralized system with a strong
focus on the federal government. The Government of India Act 1935 formed the
basis for the governance structure.

2. 1956 Constitution - First Constitution and Early Federalism:

The first constitution of Pakistan was adopted in 1956. It established Pakistan as
an Islamic Republic and introduced a federal structure with provinces having a
degree of autonomy.
However, this early federalism faced challenges, and political instability led to
the abrogation of the constitution in 1958.
3. Ayub Khan's Rule and One Unit (1958-1971):
General Ayub Khan's military regime (1958-1969) introduced the concept of
"One Unit," merging the provinces of West Pakistan into a single administrative
unit. This move aimed to reduce ethnic and linguistic diversity and promote
national cohesion.
This period witnessed a shift towards a more centralized form of governance,
diminishing the autonomy of provinces.
4. 1973 Constitution - Restoration of Federalism:
The 1973 Constitution marked a significant milestone in the evolution of
federalism in Pakistan. It restored a federal structure with four provinces: Punjab,
Sindh, Khyber Pakhtunkhwa, and Balochistan.
The constitution included provisions for provincial autonomy and a distribution
of powers between the federal and provincial governments.
5. Zia-ul-Haq's Rule and Islamization (1977-1988):
The military rule of General Zia-ul-Haq saw increased centralization of power
and efforts to Islamize the legal and political system.
Despite the centralizing tendencies, the 1973 Constitution remained the legal
framework, and the provinces retained a certain degree of autonomy.
6. Post-1988 Period - Return to Democracy:
The return to democratic governance in 1988 saw a reassertion of federalism.
Subsequent constitutional amendments, such as the 18th Amendment in 2010,
further strengthened provincial autonomy.
The 18th Amendment restored the parliamentary form of government,
devolved certain powers to the provinces, and removed the president's power to
dissolve the National Assembly.
7. Contemporary Challenges and Debates:
In recent years, debates over resource distribution, provincial autonomy, and the
implementation of constitutional provisions have been ongoing.
Balancing the power dynamics between the federal and provincial governments,
particularly in areas such as education, health, and natural resources, remains a
challenge.

The evolution of federalism in Pakistan reflects a complex interplay of historical

events, military interventions, constitutional developments, and efforts to address
the country's diverse linguistic and ethnic composition. While the constitution
provides for a federal structure, challenges and debates continue to shape the
dynamics of federalism in Pakistan.
Pakistan, like many other countries, bears the imprint of its colonial past. The
colonial legacy in Pakistan is primarily rooted in British rule, as the region was part
of British India until gaining independence in 1947. Several aspects of
contemporary Pakistan, including its political, administrative, legal, and social
structures, continue to reflect the impact of the colonial era. Here are key aspects
of the colonial legacy in Pakistan:

1. Administrative and Political Structures:

Bureaucratic System: The British colonial administration introduced a highly
centralized bureaucratic system that has persisted in Pakistan. The Civil Services
of Pakistan, modeled after the British Indian Civil Service, remains a powerful and
influential institution.
Local Governance: The concept of local governance introduced during the
colonial period is reflected in Pakistan's district-level administrative divisions.
Local government structures, such as municipal corporations and district
administrations, continue to function based on colonial-era models.
2. Legal System:
Common Law Tradition: The British introduced the common law legal system,
and it forms the basis of Pakistan's legal framework. The structure of the judiciary,
legal procedures, and the adherence to precedents are elements inherited from
British colonialism.
Legal Codes: Many of the legal codes and statutes in use in Pakistan today,
including the Pakistan Penal Code and the Criminal Procedure Code, have their
roots in colonial-era legislation.
3. Education System:
English as the Medium of Instruction: The British colonial legacy left a lasting
impact on the education system. English remains an important medium of
instruction in schools and universities, and the curriculum is influenced by the
Western educational model introduced during the colonial period.
4. Political Institutions:
Parliamentary System: The parliamentary system of governance, with a
bicameral legislature and a prime minister as the head of government, is a legacy
of British colonial rule. Pakistan's political institutions closely resemble those
established by the British.
5. Infrastructure Development:
Railways and Roads: The British invested in the development of railways and
road networks to facilitate transportation and trade. The infrastructure laid down
during the colonial period continues to serve as the backbone of Pakistan's
transportation system.
6. Language and Culture:
English Language Influence: English remains widely used in official documents,
legal proceedings, and higher education. It is considered a symbol of prestige and
is often associated with access to opportunities.
Cultural Impact: The colonial era had a significant impact on cultural practices,
urban planning, and societal norms. Cities like Karachi, Lahore, and Rawalpindi
bear the architectural and cultural influences of British colonialism.
7. Partition Legacy:
Radcliffe Line: The arbitrary drawing of the Radcliffe Line during the partition in
1947 has left a lasting impact on the geopolitical landscape of the region. The
partition led to the creation of India and Pakistan and resulted in mass migrations,
communal tensions, and unresolved territorial disputes.
While Pakistan has made efforts to assert its identity and shape its institutions
independently since gaining independence, the colonial legacy continues to shape
various aspects of the country's socio-political and economic landscape. It is
essential to recognize and understand this historical context to appreciate the
complexities and challenges faced by contemporary Pakistan.
The period from 1947 to 1971 in Pakistan was marked by attempts to address the
issue of inter-wing parity, particularly between the eastern and western wings of
the country. Pakistan was formed in 1947 following the partition of British India,
creating two geographically separated wings—East Pakistan (present-day
Bangladesh) and West Pakistan (present-day Pakistan). The disparity between
these wings in terms of population, economic development, and political
representation became a significant challenge for the country.

Here's an overview of the efforts and challenges related to inter-wing parity

during this period:
1. Geographical and Demographic Disparities:
East Pakistan was more populous than West Pakistan, with a majority Bengali-
speaking population. Despite its larger population, East Pakistan often faced
economic and political marginalization.
2. Constitutional Provisions:
The Objectives Resolution, adopted in 1949, outlined the principles that would
guide the future constitution of Pakistan. It emphasized the establishment of an
Islamic state while safeguarding the rights of religious minorities.
The Constituent Assembly of Pakistan passed the Lahore Resolution in 1940,
which called for the creation of independent states for Muslims in the eastern
and western regions of British India. However, the resolution did not specifically
address the issue of inter-wing parity.
3. One Unit Policy (1954-1970):
To address concerns related to the unequal representation and power balance
between East and West Pakistan, the One Unit policy was introduced in 1954. This
policy merged the provinces of West Pakistan into a single administrative unit,
aiming to reduce the influence of more populous East Pakistan.
The One Unit policy faced criticism and opposition in East Pakistan, contributing
to a sense of political and economic alienation.
4. 1956 Constitution:
The first constitution of Pakistan was adopted in 1956, establishing the country
as an Islamic Republic. However, it did not fully address the concerns of inter-
wing parity, and political tensions persisted.
5. Six-Point Movement (1966):
The Awami League, led by Sheikh Mujibur Rahman in East Pakistan, presented
the Six-Point Movement in 1966. The movement called for greater autonomy for
East Pakistan in economic, legislative, and military matters.
The demand for autonomy and greater representation reflected the discontent
with the existing power structure.
6. 1970 General Elections and Bangladesh Liberation War:
The 1970 general elections in Pakistan marked a turning point. The Awami
League, led by Sheikh Mujibur Rahman, won a landslide victory in East Pakistan,
securing a majority in the National Assembly.
However, the central government's reluctance to transfer power to the Awami
League and address demands for autonomy led to widespread unrest and
ultimately culminated in the Bangladesh Liberation War in 1971.
The conflict resulted in the secession of East Pakistan, leading to the creation of
the independent state of Bangladesh.

The events of 1971 and the separation of East Pakistan into Bangladesh
underscored the failure to effectively address the issue of inter-wing parity. The
period highlighted the challenges of maintaining a unified and cohesive nation
with significant regional disparities, and the consequences of political, economic,
and social marginalization contributed to the eventual disintegration of Pakistan's
eastern wing.

Incorporated provisions that, at times, could be seen as constraining the

autonomy of provincial governments, thus reflecting the influence of majority
constraining federalism. The dynamics of majority constraining federalism are
evident in certain constitutional provisions that centralize power in the federal
government, limiting the autonomy of provinces. Here are some key aspects:
1. National Finance Commission (NFC) Awards:
The distribution of financial resources between the federal government and e
provinces is a critical aspect of federalism. The Constitution of 1973 mandates the
formation of the National Finance Commission (NFC) to determine the sharing of
financial resources.
However, the process has sometimes been criticized for favoring the federal
government and not adequately addressing the financial needs of the provinces.
The distribution formula has been a source of contention, leading to debates over
resource allocation.
2. Concurrent Legislative List:
The Constitution includes a Concurrent Legislative List, which contains subjects
on which both the federal and provincial legislatures can legislate. While
concurrent lists are common in federal systems, the challenge lies in the potential
for the federal government to assert dominance on shared subjects, limiting
provincial autonomy.
3. Emergency Powers of the Federal Government:
The Constitution grants the federal government emergency powers, allowing it
to assume control over the administration of a province in case of a breakdown of
constitutional machinery. While such provisions are intended to address
exceptional circumstances, they can potentially be misused to curtail provincial
autonomy.
4. Governor's Rule:
The Constitution allows the imposition of Governor's Rule in a province, where
the provincial government is dissolved, and the governor assumes control. This
provision, although intended for exceptional situations, can be perceived as a
mechanism through which the federal government can assert control over
provinces.
5. Provincial Autonomy Debates:
The concept of provincial autonomy has been a recurring theme in Pakistani
politics. While the Constitution includes provisions for provincial autonomy,
debates and controversies have arisen over the years regarding the extent to
which provinces can exercise their powers independently without interference
from the federal government.
6. Eighteenth Amendment (2010):
The Eighteenth Amendment to the Constitution, passed in 2010, was a significant
development aimed at enhancing provincial autonomy. It devolved certain
powers from the federal government to the provinces, including control over
natural resources and greater legislative authority.
However, debates and disagreements over the implementation of the Eighteenth
Amendment highlight the ongoing struggle to balance federal and provincial
powers.

In summary, while the Constitution of 1973 establishes Pakistan as a federal state,

certain provisions reflect the influence of majority constraining federalism. The
distribution of financial resources, emergency powers, and the authority to
impose Governor's Rule are among the aspects that can potentially limit
provincial autonomy. Over the years, efforts have been made to address these
concerns, including amendments like the Eighteenth Amendment, but the tension
between federal and provincial powers remains a dynamic aspect of Pakistan's
federal system.

The center-province relations in Pakistan refer to the distribution of powers and

responsibilities between the federal government (center) and the provincial
governments. The constitutional framework, as outlined in the Constitution of
1973, defines these relations. The relationship is characterized by a delicate
balance between federal authority and provincial autonomy. Here are key aspects
of center-province relations in Pakistan:
1. Concurrent Legislative Lists:
The Constitution delineates three lists: Federal Legislative List, Provincial
Legislative List, and Concurrent Legislative List. The Federal Legislative List
includes subjects solely under federal jurisdiction, the Provincial Legislative List
includes subjects under provincial jurisdiction, and the Concurrent Legislative List
contains subjects on which both federal and provincial legislatures can legislate.
The lists aim to provide clarity on the distribution of powers, but the Concurrent
Legislative List can sometimes lead to conflicts over jurisdiction.
2. National Finance Commission (NFC):
The NFC is a constitutional body responsible for recommending the distribution
of financial resources between the federal government and the provinces. The
allocation is crucial for addressing the fiscal needs of the provinces and
maintaining a balance in center-province relations.
The process of determining resource distribution has been a source of debate
and contention.
3. Economic Resources and Natural Assets:
 The control and ownership of economic resources and natural assets have been
subjects of negotiation and debate. The Eighteenth Amendment in 2010 aimed to
devolve certain powers to the provinces, including control over natural resources.
4. Provincial Autonomy:
The concept of provincial autonomy has been a recurring theme in Pakistan's
political discourse. Efforts have been made to enhance provincial autonomy,
including constitutional amendments such as the Eighteenth Amendment, which
devolved powers from the center to the provinces.
Provinces have their assemblies and executive branches, and they exercise
authority over matters specified in the Provincial Legislative List.
5. Emergency Powers:
The Constitution grants the federal government powers to take control of a
province in case of a breakdown of constitutional machinery. While intended for
exceptional circumstances, the use of emergency powers can have implications
for provincial autonomy.
6. Governor's Rule:
The Constitution allows for the imposition of Governor's Rule in a province,
wherein the provincial government is dissolved, and the governor takes charge.
This provision is intended for situations when there is a breakdown of law and
order or constitutional machinery in a province.
7. Council of Common Interests (CCI):
The Council of Common Interests is a constitutional body that aims to ensure
cooperation between the center and provinces on matters of common interest. It
includes representation from all provinces and the federal government and
discusses issues related to the distribution of resources and legislative matters.
8. Inter-Provincial Coordination:
Mechanisms like the Inter-Provincial Coordination Committee (IPCC) and other
forums provide a platform for provinces to discuss matters of mutual interest and
resolve disputes. These mechanisms contribute to fostering cooperation among
provinces and with the federal government.

In summary, the center-province relations in Pakistan are defined by

constitutional provisions aimed at maintaining a balance between federal
authority and provincial autonomy. Over the years, there have been efforts to
enhance provincial autonomy, address resource distribution, and foster
collaboration through constitutional amendments and the functioning of
institutions like the NFC and CCI. The dynamics of these relations continue to
evolve, influenced by political, economic, and social factors.

The division of powers in Pakistan's federalism is delineated in the Constitution of

1973. The constitution establishes a federal structure with a division of powers
between the federal government and the provincial governments. The
distribution of powers is outlined in three lists: the Federal Legislative List, the
Provincial Legislative List, and the Concurrent Legislative List. Here is an overview
of the division of powers in Pakistan's federalism:
1. Federal Legislative List:
The Federal Legislative List enumerates subjects on which only the federal
government can legislate. These subjects are exclusively under the jurisdiction of
the central government. Examples include defense, foreign affairs, currency,
atomic energy, and telecommunications.
- The federal government has the authority to make laws, regulations, and
policies on matters specified in this list.
2. Provincial Legislative List:
The Provincial Legislative List enumerates subjects on which only the provincial
governments can legislate. These subjects are exclusively within the jurisdiction of
the provinces. Examples include police, public health, agriculture, and local
government.
Provincial assemblies have the authority to make laws on matters specified in this
list, and provincial governments are responsible for the administration and
implementation of these laws.
3. Concurrent Legislative List:
The Concurrent Legislative List includes subjects on which both the federal and
provincial governments can legislate. This list allows for shared legislative
authority. Examples include criminal law, marriage and divorce, bankruptcy and
insolvency, and education.
In case of a conflict between federal and provincial laws on a concurrent subject,
the federal law prevails.
4. Residuary Powers:
The Constitution grants residuary powers to the federal government. Residuary
powers refer to matters that are not specifically mentioned in any of the three
legislative lists. If a matter does not fall within the Federal, Provincial, or
Concurrent List, it is considered a residuary power and comes under the
jurisdiction of the federal government.
5. Eighth Schedule:
The Eighth Schedule of the Constitution provides a list of federal laws that apply
uniformly across the country. These laws are not subject to provincial legislation.
They cover various subjects, including criminal law, railways, and customs.
6. National Finance Commission (NFC):
The NFC is responsible for recommending the distribution of financial resources
between the federal government and the provinces. While not a direct division of
legislative powers, the allocation of financial resources is a crucial aspect of
federalism, impacting the ability of provinces to exercise their legislative
authority.
7. Council of Common Interests (CCI):
The Council of Common Interests is a constitutional body that discusses and
resolves disputes between the federal government and the provinces on matters
of common interest. It provides a forum for consultation and coordination on
issues that affect both levels of government.

The division of powers outlined in the Constitution of 1973 reflects an attempt to

balance the authority of the federal government with the autonomy of the
provinces. While the lists clearly define areas of jurisdiction, the Concurrent List
allows for shared legislative authority, and mechanisms like the NFC and CCI
provide forums for collaboration and conflict resolution between the center and
provinces.

Fiscal federalism refers to the division of financial responsibilities and resources

between different levels of government in a federal system. It involves the
allocation of taxing powers, revenue collection, and expenditure responsibilities
among the central (federal) government and the regional or state (subnational)
governments. The goal of fiscal federalism is to achieve an optimal distribution of
resources to promote efficient and equitable governance at both levels. Here are
key components and principles related to fiscal federalism:
1. Revenue Assignment:
 Fiscal federalism involves determining which level of government has the
authority to collect various types of taxes. This includes direct taxes (income tax,
corporate tax) and indirect taxes (sales tax, excise tax). The distribution of
revenue sources helps define the financial autonomy of each level of government.
2. Intergovernmental Transfers:
Transfers of funds between the central and regional governments are a
significant aspect of fiscal federalism. These transfers can be in the form of grants,
shared taxes, or other financial arrangements. The goal is often to equalize fiscal
capacities among regions and ensure that all levels of government can provide
essential services.
3. Equalization Grants:
Equalization grants are designed to offset fiscal disparities among regions,
ensuring that regions with lower fiscal capacity receive additional financial
assistance. This helps maintain a basic standard of public services across the
country, regardless of regional economic disparities.
4. Tax Sharing and Assignment:
Fiscal federalism involves decisions on how taxes are shared or assigned
between the central and regional governments. This can be done through
revenue-sharing agreements or specific assignments of certain taxes to particular
levels of government.
5. Expenditure Responsibilities:
Defining the areas of responsibility for each level of government is crucial. Fiscal
federalism considers the allocation of expenditures for services such as education,
healthcare, infrastructure, and social welfare. Clarity on spending responsibilities
helps avoid duplication and ensures efficient resource utilization.
6. Autonomy and Accountability:
Fiscal federalism aims to strike a balance between financial autonomy for
regional governments and accountability for the use of public funds. Regional
governments should have the fiscal space to make decisions aligned with their
priorities while being accountable to their constituents.
7. Debt Management:
Managing public debt is an integral part of fiscal federalism. Clear guidelines on
borrowing and debt limits help prevent excessive debt accumulation by regional
governments and ensure overall fiscal stability.
8. Fiscal Discipline:
 Fiscal federalism requires mechanisms to enforce fiscal discipline at both levels
of government. This includes monitoring fiscal performance, setting fiscal rules,
and implementing mechanisms to address deviations from established fiscal
targets.
9. Coordination and Cooperation:
Effective fiscal federalism requires coordination and cooperation between the
central and regional governments. Institutions like the National Finance
Commission (NFC) in Pakistan play a role in facilitating dialogue and negotiations
on fiscal matters.
10. Dynamic Adjustments:
Fiscal federalism should be adaptable to changing economic circumstances.
Flexibility in revenue-sharing arrangements, equalization formulas, and fiscal
policies allows for adjustments based on evolving needs and economic conditions.

In the case of Pakistan, the National Finance Commission (NFC) is a key institution
responsible for recommending the distribution of financial resources between the
federal government and the provinces, addressing key aspects of fiscal
federalism. The principles of fiscal federalism contribute to a well-functioning
federal system by promoting efficiency, equity, and accountability in the use of
public resources.

The Charter of Democracy (CoD) in Pakistan is a political agreement signed

between two major political parties, the Pakistan Peoples Party (PPP) and the
Pakistan Muslim League-Nawaz (PML-N), on May 14, 2006. The agreement aimed
to foster democratic governance, strengthen democratic institutions, and
promote political stability in Pakistan. The signing of the CoD was a response to
the military rule that had dominated Pakistan's political landscape, with the
military having seized power in multiple instances.

Key features of the Charter of Democracy include:

1. Restoration of Democracy:
The primary objective of the CoD was to work towards the restoration of
democracy in Pakistan. Both the PPP and PML-N committed to promoting
democratic principles and practices, emphasizing the importance of free and fair
elections and the peaceful transfer of power.
2. Repeal of Authoritarian Laws:
The agreement called for the repeal of laws introduced during periods of military
rule that curtailed civil liberties and limited political activities. This included
advocating for the removal of the 17th Amendment to the Constitution, which
gave the president extensive powers and weakened parliamentary authority.
3. Independence of the Judiciary:
The CoD stressed the importance of an independent judiciary as a fundamental
pillar of a democratic system. It called for the reinstatement of judges who were
removed during the state of emergency imposed by General Pervez Musharraf in
2007.
4. Media Freedom:
The CoD highlighted the need for a free and independent media, emphasizing
the role of media as a watchdog and a key component of a vibrant democracy.
The agreement aimed to protect media freedoms and prevent censorship.
5. Devolution of Power to Provinces:
The CoD recognized the significance of provincial autonomy and advocated for
the devolution of powers to the provinces. This aligns with the broader principles
of federalism and decentralization in Pakistan.
6. Constitutional Reforms:
- The agreement proposed constitutional reforms to strengthen democratic
institutions, enhance the role of parliament, and establish a fair and transparent
electoral system. It aimed to create a more robust constitutional framework that
would prevent future military interventions.
7. National Reconciliation Ordinance (NRO):
The CoD included a provision related to the National Reconciliation Ordinance,
an amnesty law enacted in 2007. The agreement called for a review of cases
withdrawn under the NRO, with the possibility of revisiting legal actions against
individuals involved in corruption charges.
8. Political Cooperation:
The CoD encouraged political cooperation between the signatory parties. While
the agreement was primarily between the PPP and PML-N, it signaled a broader
commitment to collaboration among political forces advocating for democratic
principles.
The Charter of Democracy was a significant development in Pakistan's political
history, representing a united front against military interventions and a
commitment to democratic values. While some aspects of the CoD were realized,
challenges and political developments in subsequent years have impacted the full
implementation of its provisions. Nevertheless, the CoD remains a symbol of the
collective struggle for democracy in Pakistan.
As of my last knowledge update in January 2022, the constitutional status of
Gilgit-Baltistan in Pakistan was a subject of discussion and evolving changes. It's
important to note that circumstances may have changed, and I recommend
checking the latest sources for the most up-to-date information.

Gilgit-Baltistan is a region in northern Pakistan, and its constitutional status has

historically been a matter of debate. The region did not have representation in
the national parliament, and its governance was administered through a council
appointed by the Prime Minister of Pakistan.

Informal federalism, in the context of Gilgit-Baltistan, may refer to the

governance structure where the federal government in Pakistan plays a significant
role in the administration of the region without a formal constitutional status akin
to the provinces. The region had been governed through presidential orders and
administrative measures rather than a clear constitutional framework.

However, there have been developments indicating efforts to address the

constitutional status of Gilgit-Baltistan:

1. Gilgit-Baltistan Empowerment and Self-Governance Order (2009):

In 2009, the Pakistani government introduced the Gilgit-Baltistan
Empowerment and Self-Governance Order, providing the region with a
measure of self-governance. The order established an elected legislative
assembly and chief minister for Gilgit-Baltistan, but it fell short of providing the
region with full provincial status.
2. Gilgit-Baltistan Order (2018): In 2018, the Gilgit-Baltistan Order was
introduced, further enhancing the powers of the legislative assembly and chief
minister. However, the constitutional status of Gilgit-Baltistan remained a point of
contention, as it continued to lack representation in the national parliament.
3. Gilgit-Baltistan Integrated Development Plan (GBIDP):The government has
also initiated development plans for Gilgit-Baltistan, focusing on infrastructure,
education, and socio-economic development to address regional disparities.

Efforts to address the constitutional status of Gilgit-Baltistan have been ongoing,

with discussions about whether it should be given full provincial status, be
integrated into the existing provinces, or have a special autonomous status. The
situation may have evolved, and constitutional changes may have occurred since
my last update.

For the latest information on Gilgit-Baltistan's constitutional status and

governance structure, please refer to official government sources, recent legal
developments, or news reports for the most current details.
The Gilgit-Baltistan Empowerment and Self-Governance Order of 2009 was a
significant administrative and constitutional development in the context of Gilgit-
Baltistan, a region in northern Pakistan. This order was promulgated by the
federal government to establish a degree of self-governance in the region and
address some long-standing governance issues. Here are the key features and
implications of the 2009 order:
1. Establishment of a Legislative Assembly:
The order established a legislative assembly for Gilgit-Baltistan, providing the
region with a local legislative body. Members of the assembly were elected by the
people of Gilgit-Baltistan.
2. Position of Chief Minister:
The order introduced the position of Chief Minister for Gilgit-Baltistan. The Chief
Minister was to be elected by the members of the legislative assembly, and this
marked a shift towards a more autonomous governance structure.
3. Advisory Council:
- An Advisory Council was formed to advise the Chief Minister on matters
related to governance. The members of the Advisory Council included the Chief
Minister, ministers, and other officials.
4. Empowerment of the Legislative Assembly:
 The legislative assembly was given the authority to make laws on a range of
subjects, including education, tourism, health, and local government. This marked
a significant devolution of powers to the local level.
5. Economic Empowerment:
The order aimed at promoting economic development and empowerment in
Gilgit-Baltistan by enhancing the region's control over its resources and revenues.
6. Judicial Reforms:
The 2009 order also introduced reforms in the judicial system of Gilgit-Baltistan,
providing for the establishment of a separate judiciary.
7. Implementation Challenges:
While the order represented a move towards local empowerment, it also faced
challenges and criticisms. Some critics argued that it fell short of providing Gilgit-
Baltistan with full provincial status and representation in the national parliament.
8. Constitutional Ambiguity:
The constitutional status of Gilgit-Baltistan remained ambiguous, as the region
did not become a full-fledged province of Pakistan. This lack of provincial status
meant that Gilgit-Baltistan did not have representation in the Senate and National
Assembly of Pakistan.
It's important to note that the 2009 order was seen as an interim measure, and
discussions regarding the constitutional status of Gilgit-Baltistan continued.
Subsequent developments, such as the Gilgit-Baltistan Order of 2018, further
modified the governance structure in the region. The constitutional status and
governance framework of Gilgit-Baltistan continue to be subjects of discussion
and debate in Pakistan. For the most current and accurate information, it's
recommended to refer to official government sources and recent legal
developments.
The 18th Constitutional Amendment in Pakistan was a significant landmark in the
country's constitutional history. It was passed in 2010 and brought about
substantial changes to the Constitution of Pakistan. The amendment aimed to
strengthen democracy, devolve powers to the provinces, and restore the
parliamentary system.

Here are the key features and changes introduced by the 18th Constitutional
Amendment:
1. Devolution of Powers:
 One of the primary objectives of the 18th Amendment was the devolution of
powers from the federal government to the provinces. It aimed to empower the
provinces by giving them greater control over various subjects, including
education, health, and social welfare.
2. Removal of Concurrent Legislative List:
- The 18th Amendment abolished the Concurrent Legislative List, which had
allowed both the federal and provincial governments to legislate on certain
subjects. With its removal, the provinces gained exclusive legislative authority
over various matters, further enhancing provincial autonomy.
3. Renaming of NWFP to Khyber Pakhtunkhwa:
- The amendment addressed a longstanding demand by renaming the North-
West Frontier Province (NWFP) to Khyber Pakhtunkhwa (KP), reflecting the
cultural and historical identity of the region.
4. Repeal of President's Power to Dissolve the Parliament:
The amendment removed the President's power to dissolve the parliament
unilaterally. This measure aimed to strengthen parliamentary democracy by
preventing arbitrary dismissals of elected assemblies.
5. Empowerment of the Prime Minister:
The powers of the Prime Minister were increased, particularly regarding the
appointment of military chiefs. The amendment required the Prime Minister to be
consulted in the appointment of the Chief of Army Staff, Chief of Naval Staff, and
Chief of Air Staff.
6. Establishment of a National Economic Council (NEC):
The NEC was constituted to formulate policies related to economic planning
and development. The amendment strengthened the role of the Council in
ensuring coordination between the federal and provincial governments on
economic matters.
7. Restoration of Judges:
The 18th Amendment played a role in restoring judges who were deposed
during the state of emergency imposed by then-President Pervez Musharraf. It
sought to address concerns related to judicial independence.
8. Changes to the Council of Common Interests (CCI):
- The composition and functions of the Council of Common Interests (CCI) were
revised, enhancing the role of provinces in decision-making processes related to
various issues, including energy and natural resources.
9. Abolition of Concurrent Legislative List:
The amendment abolished the Concurrent Legislative List, eliminating
overlapping legislative jurisdictions between the federal and provincial
governments.
10. Constitutional Reforms:
The 18th Amendment marked a series of constitutional reforms, and it aimed to
strike a balance between federal and provincial powers while strengthening
democratic institutions in Pakistan.

The 18th Constitutional Amendment was a result of consensus among political

parties, and it was seen as a positive step towards promoting democracy,
decentralization, and provincial autonomy in Pakistan. It played a crucial role in
reshaping the country's constitutional and political landscape.
The 18th Amendment to the Constitution of Pakistan, passed in 2010, brought
about significant changes and reforms to the country's constitutional and political
framework. Here are the salient features of the 18th Amendment:
1. Devolution of Powers:
The amendment aimed to devolve powers from the federal government to the
provinces, enhancing provincial autonomy. It led to the transfer of several
subjects from the federal to the provincial domain, including education, health,
and social welfare.
2. Renaming of NWFP to Khyber Pakhtunkhwa:
The North-West Frontier Province (NWFP) was renamed as Khyber
Pakhtunkhwa (KP), addressing the demand to reflect the cultural and historical
identity of the region.
3. Abolition of Concurrent Legislative List:
The Concurrent Legislative List, which allowed both the federal and provincial
governments to legislate on certain subjects, was abolished. This elimination
clarified the legislative jurisdictions of the federal and provincial governments.
4. Restoration of Judges:
The 18th Amendment played a role in the restoration of judges who were
removed during the state of emergency imposed by then-President Pervez
Musharraf. This addressed concerns related to judicial independence.
5. Removal of President's Power to Dissolve the Parliament:
 The President's power to dissolve the parliament unilaterally was removed. This
change aimed to strengthen parliamentary democracy by preventing arbitrary
dismissals of elected assemblies.
6.Enhanced Powers of the Prime Minister:
The powers of the Prime Minister were increased, particularly regarding the
appointment of military chiefs. The amendment required the Prime Minister to be
consulted in the appointment of the Chief of Army Staff, Chief of Naval Staff, and
Chief of Air Staff.
7. Establishment of a National Economic Council (NEC):
The National Economic Council (NEC) was given a more prominent role in
formulating policies related to economic planning and development. The
amendment aimed to ensure coordination between the federal and provincial
governments on economic matters.
8. Changes to the Council of Common Interests (CCI):
- The composition and functions of the Council of Common Interests (CCI) were
revised to strengthen the role of provinces in decision-making processes related
to various issues, including energy and natural resources.
9. Abolition of Concurrent Legislative List:
The amendment abolished the Concurrent Legislative List, eliminating
overlapping legislative jurisdictions between the federal and provincial
governments.
10. Constitutional Reforms:
The 18th Amendment marked a series of constitutional reforms aimed at
promoting democracy, decentralization, and provincial autonomy in Pakistan.

The 18th Amendment was a result of consensus among political parties and was
considered a positive step towards reshaping the constitutional and political
landscape of Pakistan. It aimed to address historical grievances, empower
provinces, and strengthen democratic institutions.

The 18th Amendment to the Constitution of Pakistan, passed in 2010, brought

about significant changes in the country's constitutional and political framework.
The responses to the 18th Amendment spanned various domains, including
political, administrative, and legal/judicial. Here's an overview of the responses in
each of these areas:
Political Response:
1. Devolution of Powers:
Political actors at both the federal and provincial levels responded to the
devolution of powers with varied perspectives. Provinces welcomed the increased
autonomy and control over certain policy areas, while concerns were raised about
potential challenges in coordination.
2. Election Dynamics:
The 18th Amendment influenced electoral dynamics, with political parties
adapting their strategies to the increased autonomy of provinces. Elections at the
provincial level became more significant, and political parties focused on regional
issues and interests.
3. Inter-Governmental Relations:
The establishment of forums like the Council of Common Interests (CCI) and the
National Economic Council (NEC) necessitated ongoing political engagement and
negotiations between the federal and provincial governments. Political leaders
engaged in discussions on resource allocation, economic policies, and other
shared concerns.
4. Regional Identity and Autonomy:
In provinces like Khyber Pakhtunkhwa (KP) and Punjab, there were political
responses related to the expression of regional identity and aspirations for
greater autonomy. The amendment addressed the renaming of NWFP to Khyber
Pakhtunkhwa, reflecting regional sentiments.
Administrative Response:
1. Establishment of Provincial Institutions:
- The administrative response included the establishment and strengthening of
provincial institutions to handle the devolved subjects. Provincial governments
developed administrative structures to manage education, health, and other
devolved functions.
2. Capacity Building:
The administrative apparatus at the provincial level underwent capacity-building
efforts to handle the increased responsibilities. This included training programs,
recruitment drives, and the establishment of new administrative offices.
3. Local Government Reforms:
 Provinces introduced reforms in local government structures to align with the
devolution of powers. Local government bodies were given enhanced roles and
responsibilities, promoting grassroots governance.
4. Resource Management:
- Provincial governments had to adapt their administrative mechanisms to
manage resources more effectively. This included revenue collection, budgeting,
and financial planning at the provincial level.
Legal and Judicial Response:
1. Judicial Independence:
The restoration of judges who were removed during the state of emergency was
a key legal response. This contributed to the preservation and reinforcement of
judicial independence, which is crucial in upholding the rule of law.
2. Constitutional Challenges:
The 18th Amendment faced legal challenges, with some questioning its
constitutionality. Legal debates and discussions took place, leading to
clarifications and interpretations by the judiciary on various provisions of the
amendment.
3. Interpretation of Provincial Autonomy:
Courts played a role in interpreting the extent of provincial autonomy granted
by the 18th Amendment. Cases related to the distribution of powers and
potential conflicts between federal and provincial laws were heard and decided.
4. Review of Constitutional Framework:
The legal and judicial response involved a comprehensive review of the
constitutional framework. Courts provided interpretations on matters such as the
separation of powers, the role of key institutions, and the balance between
federal and provincial authority.

In summary, the responses to the 18th Amendment were multifaceted and

involved political adjustments, administrative restructuring, and legal and judicial
considerations. The changes brought about by the amendment aimed to enhance
provincial autonomy, strengthen democratic institutions, and create a more
balanced federal structure. The ongoing evolution of these responses reflects the
dynamic nature of governance and constitutionalism in Pakistan.