Pros and Cons Position of Federalism in Pakistan

 Pros and Cons position of Federalism in Pakistan

 Pre-Independence of Pakistan

 The founder of Pakistan Quaid-i-Azam and other charismatic leaders envisaged on democracy and federal system government in Pakistan. From the platform of AIML (All India Muslim League) the Muslim’s leaders always demanded the provincial autonomy and sovereignty. If we illustrate the history of Sub-continent during the Lucknow Pact called the “Hindu Muslim unity accord” they together demanded to ensure the sovereignty of Indian people and provincial autonomy would be given all the provinces. When Jinnah offered his 14 points so he also stressed on provincial autonomy, he reiterated the future constitution of India should be federal system and should give more power to the provinces. Moreover, he argued that we would adopt federalism like United States, Canada and Australia. 

In Khutbah Allahabad Allama Iqbal also demanded self-government within or without under the British Empire umbrella. Similarly, on the occasion of the Resolution of Pakistan rejected the united of India and demanded a separate or provincial autonomy. The concerned leaders of Pakistan passed the Objectives of Resolution which paramount objective was the provincial autonomy, like “Pakistan shall be a federation and its constituent units will be autonomous.”

Post-Independence of Pakistan 

After independence, Pakistan suffered several setbacks and one of them was the constitutional crisis. Due to the legislators cannot make constitutions. Eventually. after 9 years Muhammad Ali Bogra was able to draft the Pakistan’s first constitution it was passed on 23rd March 1956. The article 1 of the constitution declared Pakistan as federal republic and there were several foremost important features pertaining to federalism. One-unit formula was introduced which divided Pakistan into two main provinces, East and West Pakistan, unicameral legislature was introduced and total members were 300 which divided equal between both provinces. Likewise, established NFC (National Finance Commission) which main objective was to distribute the resources equal between center and provinces, also established NEC (National Economic Council) to overview the entire country economic conditions. According to the constitution the both provinces were autonomy almost in many fields as well as there was parliamentary system of government and prime minister was the head of the state. 

Nevertheless, after two years the first constitution of Pakistan was abrogated by Sikandar Mirza and imposed martial law in Pakistan. Later, in 1962 Ayub Khan himself introduced the new constitution. He introduced presidential government system and curbed the power to himself. Traditionally, he kept retain the Unicameral and provincial assemblies but they so-called legislature because the legislators were powerless. 

However, the dictator did not last long, the people began to raise their voices against the dictatorial system. On the other hand, the (PPP) founder Zulfiqar Ali Bhutto exhilarated the people and eventually he was able to reinstate the democracy. He introduced the third and last constitution in 14 August 1973. He retained the article 1 which interprets the provincial autonomy and also introduced bicameral legislatures system, National Assembly and Senate which gives equal representation to all provinces. Bhutto granted more provincial autonomy than in the 1956 constitution. 

The (Council of Common Interests) CCI instituted by president and it consisted of prime minister and all chief ministers of the 4 provinces. The council had the power to take care all setbacks which could be expected conflicts between provinces and central government. Moreover, president constitutes the (NEC) and it consisted of prime minister and other member as the president deemed fit. 

The 1973 constitution extensively elaborated the concept of federalism system in Pakistan but unfortunately after several years conventionally the martial law was imposed by Zia-u-Haq and introduced presidential government in Pakistan. By passing the 8th amendment which totally changed the parliamentary form of government into presidential form, and granted massive power to president and governors, they can dissolve national assembly as well as provincial assembly under the articles 58 (2) (b) and 112 (2) (b) respectively. He also curbed the power and very little power to transfer into governors. The Improper distribution of power created many barriers between the central and the provinces. PML-N leader Nawaz Sharif restored the 1973 constitution through the 13th Amendment and at the same time reduced the presidential power.

Traditionally, Pervez Musharraf dismissed Nawaz Sharif and imposed emergency in Pakistan. Likewise, through the 17th amendment he introduced presidential form of government. On the other hand, taking over the army, the provincial government faced various obstacles because the main reason was the provinces did not have full autonomy. The PPP leaders were able to draft the 18th amendment and through this amendment the provinces got many new powers. They are autonomy in several fields, like curriculum and policies for education, health, environmental control, labors law, population planning, drugs and medicine and social welfare like Zakat. Another crucial thing was appointment of judges and Election Commission of Pakistan, through this amendment senate and parliamentary committees will appoint the Judges and (Chief Elections Commission). The 18th amendment contributed many new things to development of participatory federalism in the country and to ensure the provincial sovereignty and autonomy properly.