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Constitution of Pakistan:

Relations between Federation and


Provinces
Part V

Presented by:
Myra Akram Abbasi, Hussain Butt, Kumail Abbas Naqvi, Zoya Aqib, & Sehar Waseem
Table of Content

• Chapter I - Distribution of Legislative powers


• Chapter II - Administrative Relation between Federation and Provinces
• Chapter III – Special provisions
Distribution of Legislative Powers
Chapter I
• Parliament has the right to make laws for whole or any part of Pakistan.

• A provincial assembly can make laws for the province or any part of the
province. (Find some examples for laws that provinces make)

• Parliament can make laws with respect to any matters in the Federal
legislative list. (Find some examples for laws that are in the federal list)
Distribution of Legislative Powers
Chapter I
• Provincial assembly can make laws with respect to matters that are not in
the Federal legislative list.

• If in case of any conflict between the laws passed by the parliament and
provincial assembly, the parliament law will be prevail over the provincial
assembly law. (Find example of any case in which these laws overlapped
Provincial and federal)

• Provincial assembly have the right to let the parliament make laws for the
province. (Find example of any such case)
Administrative Relation between Federation and
Provinces
Chapter II
• The president can direct the governor of any province to release from his
role as his agent in general or in any particular matter. Exception to this
rule is Article 105.

• The parliament can grant the power of the federation to the provincial
assembly or to the officers of the provinces.

• The parliament is responsible for paying the additional administrative cost


incurred by the province to fulfill their new duties.

• It is the duty of the provinces to ensure the compliance with Federal law. It
is the duty of the Federation to protect the provinces against any external
aggression and internal disturbances.
Administrative Relation between Federation and
Provinces
Chapter II
• The executive authority of the provinces should not delay the exercise of
authority of the federation.

• The authority of the federation also extends to giving directions to the


province in matters national or strategic importance and in matters of
maintaining national peace and economic life of Pakistan.

• Trade between provinces throughout Pakistan should be free. Federal


government has the power to impose any restriction on trade and commerce
between provinces whereas, provincial assembly has no power to impose
such law.
Administrative Relation between Federation and
Provinces
Chapter II
• Provincial assembly with the consent of the president can make any law in
interest of public health, order, mortality or for the protection of wild life.

• The federation can acquire any land in the province for any purpose with
respect to laws under the jurisprudence of the federal government. The
provincial government can act as an agent on the behalf of the federation
and can acquire the land at the federation’s expense. In case the land
belongs to the provincial government the chief justice will appoint an
arbitrator who will facilitate the deal.
Special Provisions
Chapter III
• The council of common interest refereed to as The council is appointed by
the president within the 30 days of Prime minister taking oath. The prime
minister is the chairman of The Council, with the chief minister of the
provinces and three members of the federal government who are appointed
by the prime minister.

• The council shall formulate and regulate policies and the decision of the
council shall be presented as the opinion of the majority. The council
should meet at-least once in 90 days and meetings can be convened on
request of the Prime minister. The Council shall have a permanent
Sectretariat. In case of any dissatisfaction by the provincial or federal
government the decision of the parliament will be the final verdict.
Special Provisions
Chapter III
• In case of any disagreement between the provincial government or federal
government due to any policy or on the distribution of water supply then
the provincial government or the federal government should forward the
complaint in writing to the council.

• On receiving the complaint the council can either give the decision or ask
the president to make a committee of people with technical knowledge of
that subject.

• No proceeding shall be presented in court on subjects which has been in


issue before the council.
Special Provisions
Chapter III
• The National Economic Council shall consist of the Prime Minister who
serves as the chairman, Chief Ministers from all provinces and one member
each nominated by the chief minister, and four other members nominated
by the Prime Minister.

• The NEC should meet at-least twice a year, the meeting can be summoned
by the Chairman or on a requisition made by at-least half the members. The
council should be responsible to the parliament and should submit an
annual report to the parliament. All economic information should be made
available to the council and the council shall make economic, financial,
commercial and social policies. These policies should ensure regional
equity.
Special Provisions
Chapter III
• The federal government can construct hydro electric or thermal power or
grid station in any province and the provincial assembly/government has
the power to control the distribution of electricity within the province, the
provincial government can levy taxes on consumption of electricity.