Relation Between Federation And Provinces In Pakistan PdfBy Destisinco In and pdf 22.05.2021 at 12:48 9 min read
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- Constitution of the Islamic Republic of Pakistan
- The 18th Amendment and Pakistan’s Political Transitions
- Federalism in Pakistan
Constitution of the Islamic Republic of Pakistan
The United Kingdom established its presence in South Asia in the early part of the 17th century. In , the administration of the country was handed over to the British government. Opposition to British rule began at the turn of the 20th century. Although vigorous efforts were made to include Muslims in the Indian nationalist movement, concern for Muslim political rights led to the formation of the Muslim League in The concept of Pakistan, a Muslim nation distinct from Hindu India, was introduced in the s, as fear grew among Indian Muslims of becoming a minority in Hindu India.
On 31 March, the official number of Covid cases in Pakistan had reached 2,, a number widely believed to be understating the true spread of the virus in the country. Upon achieving independence from British rule in , Pakistan inherited a public healthcare system that bore the imprint of colonial priorities and political imperatives. Sustained by a curious and often confusing mix of philanthropic grants and public funds, large government hospitals in newly independent Pakistan were ostensibly state-run, employing medical personnel who were government employees and providing healthcare free of cost to the population at large. Significantly, the management and provision of healthcare was something that had been devolved to the provincial governments during the Raj; the exception to this came in the form of mass campaigns to deal with recurring epidemics like malaria, smallpox and cholera, which had often prompted the colonial government to initiate top-down programmes to limit the spread of these diseases. This conflict can only be understood in the broader context of centre-province tensions in Pakistan; the allocation of resources and the devolution of responsibilities have long been a source of conflict between a federal government seen as being dominated by a Punjabi establishment and provincial governments representing ethnic factions vying for greater power and autonomy. In , after the passage of the 18 th Amendment to the Constitution devolved greater power to the provinces, the existing confusion over areas of responsibility was exacerbated by obvious competition between federal and provincial governments controlled by rival parties.
Power of President to direct Governor to discharge certain functions as his Agent. The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Province as may be specified in the direction. The provisions of Article shall not apply to the discharge by the Governor of his functions under clause 1. Power of Federation to confer powers, etc. Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers, functions in relation to any matter to which the executive authority of the Federation extends.
The 18th Amendment and Pakistan’s Political Transitions
It gives the parliament, prime minister, judiciary, and the provincial governments greater autonomy under the constitution. These include:. Greater role for parliament and the prime minister: The amendment transfers greater authority to the parliament and prime minister through the following changes:. Judicial appointment procedures have been one of the most contentious parts of the amendment, and despite compromise agreements essentially giving the chief justice the deciding vote on nominations Supreme Court Bar Association leaders have indicated their intentions to challenge the new system. Greater independence for the judiciary may increase its willingness to go after political corruption, but it also risks entrenching a self-selecting judicial establishment with minimal options for public input on its actions or composition.
The Muslims of India had, since the middle of nineteen century, begun the struggle for a separate homeland on the basis of the two Nation theory. The British rulers realized that the Hindus and Muslims of India remained two separate and distinct nations and socio-cultural entities. The British rulers were left with no option but to eventually accept the demand of the Muslims of India. On 3rd June, Lord Mountbatten, the last Viceroy of India, called the conference of all the leaders of the Sub-continent and communicated to them his Government's Plan for the transfer of power. At that time, a notification was issued in the Gazette of India, published on 26th July in which the first Constituent Assembly of Pakistan was given shape with 69 Members later on the membership was increased to 79 , including one female Member. The State of Pakistan was created under the Independence Act of
their political, economic and cultural rights resulting in polarization between the federation and provinces on the one hand and amongst the provinces on the for redrafting of federal relations while others have argued to focus more on the passed_bill_/constitution_eighteenth_amendment_act_pdf.
Federalism in Pakistan
THE question whether the provinces, or the federating units as they should be called, are subordinate to the federation has been at the centre of one of the more important public debates going on these days. However, it may be relevant to recall that the provisions of the Constitution that allow the federation to issue directions to provincial governments had their origin in the colonial scheme of centralised rule designed under the Government of India Act of While retaining Section of the Act of as Article , the authors of the Constitution seem to have broadened the scope of federal directions. At some stage, it will be necessary to examine whether the federal directions could only demand compliance with the law or would command actions to be taken in a specific manner, which will be an order and not a direction.
This is the briefing paper that explains the changes brought about by the 18th amendment and the 7th NFC awards in the context of the relations between federation and provinces. The briefing is based on views of politicians. Shahid Hamid, the former governor Punjab said that consensus on 18th amendment is unprecedented in the history of Pakistan. It has brought about a change and concurrent list has been abolished. Now both provincial assemblies and parliament can make criminal laws.
Amjad, Rashid, Full references including those not matched with items on IDEAS Most related items These are the items that most often cite the same works as this one and are cited by the same works as this one. Matthew McCartney, Moinuddin,
Pakistan is a federal parliamentary republic , with powers shared between the Federal government and the provinces.
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