EVOLUTION OF FEDERALISM IN PAKISTAN: A CONSTITUTIONAL STUDY

Abstract

The primary goal of this study is to critically evaluate the origin and growth of federalism in Pakistan since its inception in 1947. This historical analysis scrutinizes constitutional development in relation to the federal provisions of various constitutional proposals and amendments adopted by the Pakistani parliament. Historically, the federation has been centralist in its approach. Unlike its counterparts, it established a unicameral legislature under its constitutions of 1956 and 1962. However, Pakistan's 1973 constitution not only granted provinces considerable provincial autonomy but also established a bicameral legislature and granted parity representation to units in the federal chamber. This paper claims that the federation underwent a major transition in 2010 when the parliament passed the 18th constitutional amendment that reformed the federal structure substantially. It is argued that since the enactment of this amendment, self-rule and shared rule, which is the essence of federalism, is strengthened in Pakistan. In this context, this study examines how this amendment has led to legislative, administrative, and fiscal decentralization and enhanced the role of the Senate and Council of Common Interests in Pakistan. Keywords: Federalism; Pakistan; British India; Self-rule; Shared rule; 18th constitutional amendment