WHAT DOES CONFEDERATION MEAN? In the articles of Confederation of American States (1777), confederation is described as a perpetual union of states.

K. C. Whare, the undisputed master of federalism, defines it as that form of association between states in which the general government is dependent on the regional governments. The word state has different meanings, but in this context it refers to a province or unit forming part of a country. Confederation is a term for a specific division of powers between the states or provinces and the centre or federation within one country. In actual practice, confederation is a more democratic and advanced form of federation. It holds together but also gives freedom. It concedes more powers and independence to the states and limits those of the federal government, while preserving and safeguarding the continuity and stability of the country. It is a living and legitimate aspect of the federal idea in its largest political sense. In such a system the states or provinces are the fountain of all power, some of which, by mutual consent, they surrender to the federal government in the interest of unity and desire to be bound into a single country. It is not necessary that the states should be totally independent and then come together voluntarily to constitute a confederation, nor is it required that an existing country should break up so that its components can confederate. For example, America, Germany, Switzerland and Australia were single countries with confederal systems. More recently the USSR in 1936 and Yugoslavia in 1974 adopted this system without any change in their status or boundaries. Canada, which began as a confederacy under the British North America Act 1867, still has a system which is closer to confederation than federation. When independent nations join together, they form unions, alliances, leagues, pacts, organizations such as the League of Nations, United Nations, United Arab Republic, United Arab Emirates. Such an arrangement is not usually called confederation. This aspect has no relevance to the proposal for a confederal system within Pakistan. However, for the sake of argument, let us suppose that only independents states constitute a confederacy. This requirement was met when East Bengal, West Punjab, Sindh, N.W.F.P. and Balouchistan decided to unite and form a new country. (In fact Balouchistan never agreed to join Pakistan. The Khan of Kalat declared independence 24 hours after Pakistan came into existence and it was through a military invasion that the state was annexed in 1948. This however is a separate subject which will not be explored here.) What still remains to be worked

Confederation has two pre-requisites: 1. A number of states agreeing to unite and form one with a central authority. 2. A distribution of powers which maintains the autonomy and sovereignty of the states, while conferring limited and specific powers on the central authority. It cannot be honestly disputed that this is exactly what Quaid-e-Azam Mohammad Ali Jinnah and the Muslim League provided for when they passed the celebrated Pakistan resolution at Lahore on 23rd March 1940. The words of this resolution leave absolutely no doubt that a confederal structure was promised. Acting on this unequivocal commitment, the Muslim majority areas of India opted for Pakistan. Thus the first pre-requisite having already been met in 1947, is now a question of meeting the second in order to complete the confederation. Within the limits of one country, the confederal system would entail the vesting of such powers in the provinces as to make them complete masters of their own affair, free from dictates and domination of the centre and each other, except in so far as such powers have been surrendered by mutual consent. Putting the same proposition in different words, confederation means stronger provinces or states and weaker centre or federal government. In such an internal arrangement lies the protection from all evil and woe that has befallen the people of Pakistan. The Quaids deep conviction in the suitability of the confederal system, was put to test in 1946 when the Cabinet Mission Plan, in a final effort to keep the country united, proposed a confederal system for an undivided India. A tripartite Conference took place at Simla between the Mission and representatives of the Congress and the Muslim League. The mission proposed that a Union Government should be set up to deal with defence, foreign affairs and communications while all the other subjects and residuary powers should vest in the groups that constituted the Union. There were to be two separate groups, made up of Hindu and Muslim majority provinces. This was a compromise formula which was accepted by the Quaid and the Muslim League although it meant abandoning the demand for an independent Pakistan. It was felt that the proposed confederation would give the Muslims of India all the safeguards, protections and freedoms they sought against the overwhelming might of the Hindu majority, without dividing India. The Muslim League while accepting the Cabinet Mission Plan, issued a ten point memorandum of minimum demands on 22nd May 1946, which went even further in the direction of decentralization and more authority to the groups of provinces. The following are the relevant points: The six Muslim provinces (Punjab, NWFP, Balouchistan, Sindh, Bengal and Assam) shall be grouped together as one group and will deal with all other subjects and matters except Foreign Affairs, Defence, Communications necessary for Defence, which may be dealt by the constitution making bodies of the two groups

of provinces, Muslim Provinces (herein after named Pakistan group) and Hindu provinces, sitting together. There shall be a separate constitution making body for the six Muslim provinces named above, which will frame constitution for the Group and the provinces in the Group and will determine the list of subjects that shall be provincial and central (of the Pakistan Federation) with residuary powers vesting in the provinces. After the constitutions of the Pakistan Federal Government and the provinces are finally framed by the constitution making body, it will be open to any province of the group to decide to opt out of its group, provided the wishes of that provinces are ascertained by the referendum to opt out or not. There should be parity of representation between the two groups of provinces in the Union Executive and the Legislature, if any. The Constitution of the Union shall contain a provision whereby any province can by a majority vote of its Legislative Assembly, call for reconsideration of the terms of the constitution and will have the liberty to secede from the Union at any time after an initial period of ten years.

This is not only firm reiteration of the confederal system promised by the Pakistan resolution but a detailed formula of the same. Here is irrefutable proof of the fact that the Quaid and the Muslim League believed in limited powers for the Centre and maximum authority for the provinces, even to the extent that they could opt out or secede if the people so desired.