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IN PAKISTAN
ISSUES & PROSPECTS
By
FEDERAL STATE
IV.BICAMERAL LEGISLATURE:
To maintain principle of parity / equality of
ederating units federal legislature consists
of 2 Houses:
One representing federating units (Senate)
and
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ISSUES OF FEDERALISM - I
Satisfactory Distribution of Powers
Difficulty in maintaining balance in
distribution so as to avoid it being Unitary
or Confederal state;
difficult to prevent encroachment of
powers;
ISSUES OF FEDERALISM - II
Satisfactory Method of Constitution
Amendment:
Constitution is supreme, amendment
procedure should be so framed that
neither Centre nor units could amend it
against the interests of the other
Secession:
The right of secession should be given so
as to restrain both Centre / Units but
This is very dicey situation very few
FEDERALISM IN
PAKISTAN:
THEORY AND PRACTICE
RELATIONSHIP ASPECTS
FINANCIAL RELATIONS
LEGISLATIVE POWERS DISTRIBUTION
ADMINISTRATIVE RELATIONS
JUDICIARY (UNITARY)
AUDITING & ACCOUNTING AFFAIRS
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FINANCIAL
RELATIONS
FISCAL TRANSFERS
FEDERATION OF
PAKISTAN
FO
RM
A
L
U
CG
NFC
/F
PG
FBR
A
E
A
S
X
T
HORIZONTAL DISTRIBUTION
PUNJAB
SINDH
NWFP
T
A
X
E
S
BALOCHISTAN
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FINANCIAL RELATIONS - I
(DISTRIBUTION OF REVENUES)
Art. 160 provides for National Finance
Commission (NFC) comprising of Finance
Ministers of the Federal and Provincial
Government and such other members as the
President may deem appropriate;
HOW
NFC FUNCTIONS?
FINANCIAL RELATIONS - II
PROBLEM AREAS:
Vertical Distribution (Tilted in favour of
Centre)
FINANCIAL RELATIONS - IV
Horizontal Distribution (Among
Provinces):
FINANCIAL RELATIONS - V
SINDH DEMANDS:
Adoption of a multiple criteria (population,
revenue generation, backwardness, area,
etc.) as per best practices of the developed
/ developing world;
Constitution of an independent and
apolitical NFC (like India);
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FINANCIAL RELATIONS - VI
GST ON SERVICES:
Constitution provides collection of GST on
goods by the Federal Government
This implies that GST on services is a
residuary power resting with the
provinces
Sindh wants to retain all GST to remain
with it
RECOVERY CHARGES:
FBR deducted 5% as recovery charges
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FINANCIAL RELATIONS - IX
STRAIGHT TRANSFERS (Art. 161):
These are consolation to smaller provinces (natural
resources rich)
Royalty on natural gas & electricity produced from dams
Sindh & Balochistan benefit from royalty on oil &
gas
NWFP royalty on electricity generation (Tarbela Dam)
NWFP is denied its royalty. Its claim of over Rs. 100
billion against Centre / WAPDA is still pending
despite a favourable decision by the Arbitrator
Unease b/w Centre (WAPDA) and NWFP
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LEGISLATIVE
RELATIONS
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Home Affairs,
health,
education,
agriculture,
livestock,
excise,
revenue, etc.
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LEGISLATIVE JURISDICTION
Parliament has exclusive power to make laws
w.r.t. Federal Legislative List;
Parliament & PAs have power to make laws
w.r.t. Concurrent List but in case of
inconsistency the federal law shall prevail
whether promulgated before or after PAs
law;
PAs have exclusive power to make laws w.r.t.
subjects not enumerated in any list
(Residuary Powers)
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In Constitutional Emergency Parliament can
ADMINISTRATIVE
RELATIONS
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ADMINISTRATIVE RELATIONS - I
Articles 145 to 149 provide Administrative
Relations:
FG may, with the consent of PG, assign any of its
functions to a PG / its officers;
Likewise, a PG may, with the consent of FG, assign
any of its functions (conditionally or
unconditionally) to the FG / officers
ADMINISTRATIVE RELATIONS - II
In Baluchistan army operation started to
suppress the demand of the people for
political empowerment and fair distribution of
financial resources to the biggest (area wise)
but most impoverished province;
In Sindh, Rangers (a paramilitary federal
force to man boarders in peace time) have
developed permanent establishments under
the garb of maintenance of law and order.
None dares to send them back! A Governor in
early 2000 attempted, but he was sent home!
The Federal Government may issue
necessary directions to the federating units
regarding any of its subject matters / or of 27
JUDICIAL SYSTEM
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UNIFIED JUDICIARY
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AUDITING &
ACCOUNTING
SYSTEMS
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RECOMMENDATIONS - I
Federalism in Pakistan facing serious
challenges
These difficulties are similar to and, in
some cases, even more serious than
those existed from 1947 till
dismemberment of East Pakistan.
For Pakistan to grow as a strong and
progressive federation the politicians
and other policy makers must settle
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RECOMMENDATIONS - II
FIANCIAL:
Newly agreed NFC Award 2009 should be
implemented in letter and spirit
NWFPs claim of Rs. 100 B against WAPDA
as announced by Arbitrator, must be
settled immediately
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RECOMMENDATIONS - III
EXECUTIVE:
Military operation in Swat / Waziristan, with consent
of PG & backing of public opinion a welcome step.
But
Forceful army operation being carried out in
Baluchistan should be immediately stopped.
Centre should also pull out its para-military forces
(Rangers) from Sindh to reduce its financial burden
Power to dissolve elected Govts., having confidence
of Houses, should be done away with to strengthen
democracy and federalism in Pakistan
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RECOMMENDATIONS - IV
LEGISLATIVE:
Concurrent List should be immediately
removed
FG should decrease its subjects to give
more autonomy to PGs as resolved in
1940
CONCLUSIONS
Pakistan, comprising of culturally and
linguistically diverse regions /
provinces, must strengthen its
federation, in order to develop and
grow
More Provincial Autonomy, rather
than an attempt to centralize state
authority, is the only solution to
strengthen Pakistan
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