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FEDERATION IN PAKISTAN A LEGAL FORMALITY OR AN ACTUAL PRACTICE?

admin-rayyan2023-01-21T14:44:48+00:00

“Power tends to corrupt, and absolute power corrupts absolutely.”

Federalism is a division of power between central authority and the constituent units of the state. Basically it’s a two level government system where all the powers are not invested in one authority but rather divided between principle organs for the smooth regulation of state affairs.
The theory of modern federalism got prominent with the emergence of United states of America. Initially it was a part of British empire until they got independence on July 4,1776 after great rebellion. And their constitution carries all the characteristics of federalism with powers equally divided between states and center having bicameral legislature in each state, equal representation in senate, and authority to determine laws for their respective locality.
When the states of America freed themselves from British empire after a long battle, they were reluctant to adopt the system of British empire. Hence while making constitution or determining the administrative system of the country, they made such policies and adopted such theories which were opposite of British empire . The great British empire had monarch and the sovereignty belonged to one person, the powers that were given to other authorities were delegated by sovereign and not divided, which at the time of the making of constitution Americans opposed. Hence, they adopted the theory of separation of powers.
In the first place, it is to be remembered, that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any.
-James Madison
The reason of their approach towards federalism and the separation of power was that they believed that absolute power invested in one authority corrupts the system.
Similarly, Pakistan was also a colony under the great Britain, as the subcontinent was ruled by British raj until 1947. Before Pakistan took independence from Britain the federalism was already introduced in the subcontinent through government of India act 1935, in which provincial autonomy was introduced and the provinces got some power but those powers were also administered by the British governor general hence it could be said that it was an imperial federalism as the powers were not divided but rather delegated by the center to the provinces.
The interesting point to be considered here is unlike America who got independence through rebellion, Pakistan got independence constitutionally through legal way.
Pakistan though got independence from Britishers, still they adopted most of the laws that Britishers had for the subcontinent even the government of India act was used as an interim constitution until first constitution of Pakistan was promulgated in 1956.
Pakistan is composed of 4 major territories having different culture language and heritage, with almost 73 local languages spoken in Pakistan, the country is ethnically diverse. It was made on the name of Islam so the Islamic principles could be exercised freely. Since day one of its formation, the administration had the agenda to make Pakistan a federation which is the part of objective resolution and all three constitutions of Pakistan too.

When the first constitution came, it came bearing the title of Pakistan as a federal state ensuring the provincial autonomy and the division of power between center and province. However despite the federal and democratic character of 1956 constitution, it took a more centralized approach with Article 109, that invested the authority to legislate on the subjects which were not included in any of the list, federal and residual solely to the federal government. And also according to article 92, the governor’s recommendation and assent was required before introducing a bill or amendment regarding the matter specified in money bill or a matter involving the expenditure of provincial revenue, as the governor was a federal nominee, this article restricted the capacity of provincial legislature to legislate freely.
This constitution didn’t have a long life as it was expired in just two years and military regime took over, General Ayyub khan declared himself president, suspended the 1956 constitution and introduced the new constitution in 1962.
This constitution first given by a military regime disregarded it’s character as a democratically legislated constitution, secondly a very important article in this constitution that again was very unfavorable to provincial autonomy and halted the powers of provinces was article 72. According to which in case of any conflict between provincial assembly and governor the matter will be referred to national assembly and if the verdict is in favor of governor he has the Power to dissolve provincial assembly with the advice of president. Instead of having arbitration between both parties or judged by non biased authority the central government became judge in his own trial. Apart from this the national economic council responsible for the economic policies and over all check and balance of the economic activities of the country was solely nominated by the president with no specific clause for provincial representation.
This constitution also didn’t live a long life and was abrogated by yet another military rule. Soon after Bangladesh got separated Pakistan had it’s third constitution promulgated by Zulfiqar Ali Bhutto which was also suspended twisted and revised by military and democratic rules. Some of the amendments that strengthened the central authority was 17th amendment that gave power to president to dissolve national assembly at it’s own will whenever he deems necessary. This undermined the authority of parliament and gave a federal executive absolute power without check and balance which undermined the authority of the institution of legislature.
By examining the legality we could see that the theory of separation of power and federalism wasn’t practiced even in the sovereign document of the country that declared the state as federal.
If we examine the legitimacy of federalism through constitutional documents and political practices we can clearly see that it hasn’t been flourished properly in Pakistan and still have prominent traces of centralization of colonial era. However much of the damage was undone through 18th amendment that improved the relations of center and provinces, restored some of the powers of provinces and eliminated the infamous article 58 b(2) the Power of president to dissolve assemblies restored the parliamentary form of government in the country. it is hard to accept the fact by witnessing the realities that as compare to the countries like USA where federation and democracy is still practiced more efficiently, Pakistan is standing on the true values and strong infrastructure of federalism

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