Provincial Autonomy vs Federalism: Balancing Power in Pakistan
- Centralized Power vs. Provincial Autonomy: Despite constitutional reforms like the 18th Amendment, the central government retains significant control, undermining provincial autonomy and exacerbating interprovincial disparities.
- Social Exclusion and Fragmented Identities: Social exclusion, regional disparities, and fragmented identities hinder the establishment of a cohesive federal system in Pakistan.
- Need for Reimagining Power Distribution: Achieving equitable power distribution, transparency, and addressing regional inequalities are essential for balancing federalism and promoting national unity.
Pakistan has progressed into modernity while retaining traditional and outdated social organization systems. Due to the failure to form an organic covenant, social cohesion has failed, and exclusion marks the contours of Pakistani society. Interprovincial and regional disparities have been exacerbated over the years. The ex-colonial society has struggled with balancing power since its inception. The constitutional debates, National Finance Commission (NFC) Awards, socio-economic disparities, and federal dilemmas highlight this complex interplay between provincial autonomy and the federal form of government.
As Raza Ahmad discusses in his article “The Endemic Crisis of Federalism in Pakistan,” problems in federalism may have led to what may be called a “failing society.” From the partition of Pakistan to the present, the debate on provincial autonomy and federalism has evolved as an essential part of all constitutional discussions. Federalism has faced criticism on the political scene from the very beginning. It was a leading demand by the small federal units in Pakistan to be able to protect their interests against the central government. Punjab, the province with the largest population, has a decisive majority in the National Assembly and federal bureaucracy. The small provinces demanded adequate constitutional reforms in managing their administrative affairs.
Despite aspirations for provincial autonomy, the central government’s powers have remained dominant and entrenched. Undermining the principles of federalism and misuse of constitutional provisions against the provinces have badly affected provincial autonomy. The one-unit system and parity formula remained significant in balancing power between East and West Pakistan, which went against the principles of federalism. After the abrogation of the 1956 constitution, the periods without a constitution also highlighted the struggles for the balance of power between the center and provinces.
Similarly, the 1962 Constitution tilted the balance of power in favor of the federal government, affecting the provinces’ legislative authority. The 1973 Constitution aimed to provide maximum provincial autonomy, with residual powers vested in the provincial government. It also exacerbated the exclusion and ethnic conflicts by providing de jure recognition only to the core linguistic communities, such as Sindhis, Punjabis, and Pathans, while the minority groups were disenfranchised. Lastly, military coups, such as General Zia ul Haq’s regime from 1977 to 1985, also undermined the principle of federalism. Even though the 8th Amendment enhanced the legislative power of the Senate, it did not alter the federal nature of the Constitution.
Hamza Alavi’s “overdeveloped state” hypothesis is an instrument for analyzing Pakistan’s federal dilemmas. Post-colonial societies like Pakistan exhibit characteristics of an “overdeveloped” state, with the state apparatus being large in proportion to the underdeveloped society. Pakistan’s overdeveloped state has maintained a strong centralized authority with weak provincial institutions, such as a dominant bureaucracy with a weak civil society. The unequal distribution of resources has also contributed to significant disparities between provinces.
In this regard, the NFC awards have helped solve the issues of horizontal inequality among the provinces. By transferring resource control to the provinces, the NFC award increases the share of the provinces in the federal divisible pool from 47.5% to 57.5%. The distributive criteria based on this award isn’t merely based on population now; other factors are also considered. Issues like arrears owed to Khyber Pakhtunkhwa and Baluchistan gas development surcharge (GDS) have also been discussed. However, despite this, there has been contention as the NFC awards have not supported complete provincial autonomy, and the center still holds a majority of the authority over key policy areas.
Consequently, the 18th Amendment also marks a cornerstone in achieving provincial autonomy. It transferred 17 subjects from the center to the provinces, including areas of education, healthcare, and social welfare. Under Article 142, the provinces were given control over these subjects, allowing them to make decisions and changes according to their needs. Article 142 also led to the abolition of the concurrent list, which meant that the center could no longer override provincial decisions on some matters. The number of seats provided to the provinces in the assemblies was increased based on Article 106, thereby providing them more authority. Lastly, Article 153 also strengthened the Council of Common Interests (CCI).
Despite all these arrangements to promote provincial autonomy in the country, it continues to be a distant aspiration. Most of it stems from social exclusion and marginalization. According to Pew Research, three-quarters of the youth in Pakistan consider themselves Muslims first and Pakistanis second. Rather than being bound to the federal polity, identities in Pakistan are fragmented and tied to local, religious, and social aspects. It is an inadequacy of the state to serve as a mediator. Lastly, there’s a large gap between the corridor of executive power and the average citizen. It has alienated the citizenry, with their interests not being represented how they want them to be. This principal-agent dilemma also seriously damages the power balance in Pakistani society.
The struggle for provincial autonomy and balance of power in Pakistan vividly illustrates the unequal and inaccurate federal contract. Given the situation’s urgency, it demands a complete reimagining and distribution of power and resources at different levels, with full transparency between the executive and citizenry. Moreover, bridging disparities between provinces is crucial to prevent the federal polity from detaching. While steps have been taken to promote provincial autonomy, challenges persist in its attainment.
The author, a graduate of literature and mass communication from Forman Christian College University, Lahore, is a literary critic and nonfiction writer passionate about unraveling the complexities of human expression. Her interests also extend to international relations, cultural studies, and the dynamics of power politics.
