18th Amendment Research Articles

Inside or outside the federation of Pakistan: the Gilgit-Baltistan conundrum

ABSTRACT For more than seven decades, since the partition of India and the first conflict over Kashmir in 1947–1948, the former Northern Territories, renamed Gilgit-Baltistan in 2009, have remained in a constitutional limbo. Under the control of Pakistan, but not part of its federal structure, these Himalayan lands, strategically located on the road to China, are a prisoner of the Kashmir dream. As Pakistan still refers to the old UN resolutions for solving the Kashmir dispute with India, Gilgit-Baltistan has not been made a province of Pakistan, despite many promises to do so. Gilgit-Baltistan was overlooked in the constitutional developments around the 18th Amendment. The latest official proposal in 2020, to grant GB ‘provisional provincial status’ was supposed to keep open the option of a plebiscite on Kashmir. However, this initiative stalled with Pakistan being engulfed in multiple crises. These complex circumstances create a conundrum whereby the political development of the region is held back, while divergent views on the future of the region are debated.

Mapping the post-18th Amendment federalism in Pakistan: hegemony, centralization or cooperation?

ABSTRACT The 1973 Constitution accelerated the development of federalism in Pakistan. Federalizing institutions such as the Senate and the Council of Common Interests (CCI) were introduced. The 18th Amendment passed in 2010 marked a critical juncture in the constitutional history of Pakistan, moving the country from de jure to de facto federalism. Considering the path-dependent evolution of the federal architecture in the country, there is a need to investigate the political developments that led to this amendment, the key changes introduced in the constitution and the contentious process of its implementation. We situate these issues within the broader debate on federalism, with a focus on various dimensions of the federal system after 2010. This includes the discussion of intergovernmental relations, opening the space for provincial autonomy in administrative and fiscal domains, mobilization for new provinces by ethnic minorities and the struggle of a peripheral region to seek membership of the federation.

Territorial re-organisation of administrative units in Pakistan: the demand for new provinces in Punjab, Khyber Pakhtunkhwa, and Sindh

ABSTRACT The 18th Amendment ushered a public discourse on a novel ethnofederal experiment with both federal and ethnic elites advocating territorial reorganisation of existing provinces, however, this has not resulted in the creation of new units. I argue that this has to do with three inter-related dynamics: first, selective and instrumental political incentives guide the behaviour of federal political elites, combined with the securitisation of the ethnic question. Second, non-dominant ethnic elites are electorally weak and divided among themselves. Third, the rigidity of the constitutional procedure makes non-dominant ethnic elites acutely dependent on the preferences of the provincial majority ethnic group. The paper outlines discourses of the dominant and non-dominant ethnic elites as well as the National Assembly's Report of the Commission for Creation of New Province (s) in the Province of the Punjab, 2013 in order to make sense of the gap between the talk on ethnofederalism and its non-realisation.

Women's Political Participation in South Waziristan: A Community-Based Survey

This study investigates the impact of political reforms on women's political participation in South Waziristan, Pakistan. The sample consisted of 100 females aged 18 to 45 from the region. The survey was conducted using a self-administered questionnaire, and the Statistical Package (SPSS) was used for the data analysis. The results show a comprehensive knowledge of the current state of political awareness and participation among women in the region, particularly in the context of the 18th Amendment. The study outcome showed significant knowledge about the Amendment's results, which shows a limited impact on women. The majority of respondents (64%) suggested that education initiatives should be implemented to facilitate greater involvement of women in politics. The study focuses on the fact that despite political reforms such as the 18th Amendment, women's political participation in South Waziristan remains limited. This study targeted educational initiatives and community-based efforts to improve political awareness and involvement among women in the region.

Women agency and provincial autonomy: a study of post-18th Amendment local government in Khyber Pakhtunkhwa, Pakistan

The 18th Amendment to the 1973 Constitution of Pakistan, a significant milestone in the country's political landscape, granted the provinces certain political and fiscal powers. This included the right to pass local government legislation and hold local government elections. In the 2015 local government elections in Khyber Pakhtunkhwa, a remarkable number of women were elected to local councils on gender quota seats (33%). This was a clear testament to the empowering potential of the 18th Amendment. However, despite this progress, the underrepresentation of women in decision-making processes remains a pressing issue. This paper aims to answer how provincial autonomy has contributed to the autonomy and agency of women councillors in Khyber Pakhtunkhwa. The study collected data from purposively selected districts, Nowshera, Haripur, and Kohat, through individual interviews using qualitative approaches. The paper strongly advocates that the participation of women councillors in local government necessitates more stringent policy reforms to make the local councils more inclusive towards women as representatives. This stance is crucial and imperative for women's political autonomy and empowerment.

Territorial autonomy and ethnic conflict: the Baloch ethnic question post-18th Amendment

ABSTRACT This article critically assesses the effectiveness of territorial autonomy under the 18th Constitutional Amendment in managing ethnic conflict in Pakistan's Balochistan province. It argues that limitations in the design and implementation of the federal provisions of the 18th Amendment have hindered the sustainable resolution of the ethnic conflict in Balochistan. Design-wise, the Amendment inadequately addresses key institutional factors that have historically contributed to Balochistan's marginalised status within the federation, notably the Senate's limited powers, non-ethnic-based provincial boundaries, and Baloch under-representation in core state institutions. Design inadequacies are exacerbated by poor implementation of the core federal provisions, especially related to natural resource ownership, local government, and the Council of Common Interests (CCI). Notable implementation hurdles include a persistent ‘centralist’ mind set, particularly pronounced within the military, actively seeking the overturn of the 18th Amendment. The persistence of the de-facto power of the military has undermined the efficacy of territorial autonomy as a conflict management tool.

The politics of policing in Pakistan: decentralisation of power in a federalised political landscape

ABSTRACT How do political parties establish partisan control over police forces in federalised hybrid regimes with powerful militaries? Focusing on Pakistan, this paper examines how, in the context of limited and ambiguous administrative decentralisation after the 18th Amendment to the constitution, and continued military embeddedness in state bureaucracies, parties have sought to control provincial police forces. Focusing on clashes over appointments in the leadership of provincial police forces, we argue that: firstly, turnover in the leadership of provincial police forces is more likely under new governments than under incumbent governments; and, secondly, provincial police leadership is more likely to pushback against partisan control when the hybrid political system is vertically fragmented, i.e, when the provincial political leadership and the federal military leadership are not aligned. We analyse the politics of policing in two provinces, Sindh and Punjab, since 2017. This comparative analysis contributes to debates on the politics of policing in hybrid federations.

The federal project in Pakistan: beyond fixing the design

ABSTRACT Federalism remains a contested matter in Pakistan. This article analyses the issues of representation, territoriality, ethnicity and asymmetry of the federating units in the federal theory and practice in Pakistan. It focuses on the pattern of conflict between the federation and the provinces following the implementation of the 2010 18th Amendment. While the mainstream and ethnic parties in general welcomed the amendment, un-elected institutions such as the military establishment, the civilian bureaucracy, and the judiciary implicitly, and sometimes explicitly, expressed reservations. Periodic conflict about the relocation of officers, the fiscal transfer regime, the operational aspects of the joint ownership of mineral resources by the federation and provinces, and distribution of water resources continued to make intergovernmental relations controversial. An unintended consequence of the empowerment of provincial governments was the demand for creation of new provinces from minority communities of the provinces.

Higher education governance in Pakistan: the role and influence of HEC in the post-18th Amendment

In the 18th Amendment in the 1973 Constitution of Pakistan, the role of the Higher Education Commission (HEC) of Pakistan was limited to the quality standards of higher education and federal institutions and research centres only, as explained in Federal Legislative List I and II. Despite this constitutional constraint, the HEC maintains significant power over the universities and higher education, including policy formation, budgetary administration, and governance. The HEC was established as an advisory body under the HEC Ordinance, 2002. However, its powers have since then expanded its role to that of a quasi-governing organisation. The 2011 Supreme Court decision reaffirmed the HEC's authority under the law, emphasising the necessity of maintaining high educational standards and effective control. This article critically explores the degree of HEC's impact after the 18th Amendment, investigating the conflicts between provincial autonomy and federal monitoring and assessing the ramifications of HEC regulation on Pakistan's higher education environment. The study's findings show that despite the passage of the 18th Amendment, higher education is a more centralised subject controlled by Pakistan's federal government. The provinces, especially Khyber Pakhtunkhwa and Balochistan, possess limited autonomy concerning higher education governance and rely on HEC for higher education governance.

Autonomy of Higher Education Sector in Post-18th Constitutional Amendment Era: Challenges and Prospects

The current study tries to comprehend whether the devolution of power as envisaged by the 18th Amendment is reflected and incorporated in the existing Legislative Framework of Higher Education. Theoretically, the 18th amendment strengthened the federal structure where federating units are empowered to make their own decisions without external interference; however, practically Apex Courts are backing the HEC to have a strong hold on provincial commissions while enjoying the absolute authority in the name of cooperative Federalism. The study revolves around the changing role of the HEC at the Federal level and the newly emerging role of HECs at the provincial level. The study revolves around the role of Higher Courts in impacting and reshaping the existing regulatory framework. The conclusions showed that universities enjoy more substantive autonomy and less procedural autonomy; therefore, HECs have to respect other Provincial HECs as mandated by the Eighteenth Amendment while transferring powers pragmatically to provincial HECs.

Effect of Tax Modernization on Voluntary Tax Compliance with a Moderating Role of Tax Awareness and Education: Evidence from Implemented Services Tax in Khyber Pakhtunkhwa

This study investigates voluntary tax compliance with the sales tax on services in Khyber Pakhtunkhwa (KP), Pakistan, after its decentralization in 2010 under the 18th amendment in the constitution of the Islamic Republic of Pakistan. Focusing on tax modernization and its impact on tax compliance, with the moderating role of tax awareness and education, the research examines data from 440 taxpayers registered with the Khyber Pakhtunkhwa Revenue Authority using SPSS-23 software. The aim is to identify the factors influencing tax compliance in a region experiencing legislative transformations, thus enriching the existing literature on tax compliance with region-specific insights. The study highlights the critical role of tax system modernization and educational efforts in enhancing compliance and offers practical recommendations for policymakers and tax administrators. The findings underscore the nuanced dynamics of tax compliance in KP and suggest targeted strategies for improving compliance rates and taxpayer services, potentially applicable in similarly transforming regions. This research provides valuable theoretical and practical insights into tax compliance, making significant contributions to both the field and tax administration practices.

Alcohol Exclusion Laws and Its Drawbacks

Alcohol Exclusion Laws and Its Drawbacks

School Education in Post-18th Amendment Balochistan: A Political Economy Perspective

In the wake of devolution of education to provinces through the 18th Constitutional Amendment, there has been a noticeable increase in public spending on school education. Moreover, certain reforms have been introduced in education planning, management and monitoring. These measures have enhanced availability of physical infrastructure and reading and writing material for schools and improved education monitoring. There is also evidence of marginal improvements in overall literacy rate and reading and arithmetic skills.
 Notwithstanding the limited gains, the reforms and increased public spending have not translated into commensurate improvements in schooling and learning outcomes. Analysis of proximate causes indicates that learning outcomes are not improving because the various elements of education system are not aligned around the goal of learning. In contrast, expansion of schooling appears to have remained a strategic objective of education delivery but it hasn’t experienced significant improvement either because of the existence of serious policy incoherence among various elements of education system. Prevalence of centralised, politically-influenced, discretionary and outdated planning and management practices combined with ineffectiveness of accountability mechanisms across the education delivery chain have undermined the effectiveness of well-intended reforms.
 A deeper exploration of these issues through the “political settlement” lens reveals that education outcomes aren’t recording major improvements because elite interest is aligned neither with the goal of learning nor access. Instead, elite interest is aligned more around patronage politics. Short-term, clientelist, political objectives govern education provision, owing to the highly fragile, exclusive, fragmented and personalised nature of political settlement. The predatory nature of political settlement has adversely affected both the design and implementation of reform initiatives.

School Education in Post-18th Amendment Balochistan: A Political Economy Perspective

In the wake of devolution of education to provinces through the 18th Constitutional Amendment, there has been a noticeable increase in public spending on school education. Moreover, certain reforms have been introduced in education planning, management and monitoring. These measures have enhanced availability of physical infrastructure and reading and writing material for schools and improved education monitoring. There is also evidence of marginal improvements in overall literacy rate and reading and arithmetic skills.
 Notwithstanding the limited gains, the reforms and increased public spending have not translated into commensurate improvements in schooling and learning outcomes. Analysis of proximate causes indicates that learning outcomes are not improving because the various elements of education system are not aligned around the goal of learning. In contrast, expansion of schooling appears to have remained a strategic objective of education delivery but it hasn’t experienced significant improvement either because of the existence of serious policy incoherence among various elements of education system. Prevalence of centralised, politically-influenced, discretionary and outdated planning and management practices combined with ineffectiveness of accountability mechanisms across the education delivery chain have undermined the effectiveness of well-intended reforms.
 A deeper exploration of these issues through the “political settlement” lens reveals that education outcomes aren’t recording major improvements because elite interest is aligned neither with the goal of learning nor access. Instead, elite interest is aligned more around patronage politics. Short-term, clientelist, political objectives govern education provision, owing to the highly fragile, exclusive, fragmented and personalised nature of political settlement. The predatory nature of political settlement has adversely affected both the design and implementation of reform initiatives.

Decentralisation’s Effects on Health: Theory and Evidence from Balochistan, Pakistan

The paper investigated the impact of decentralisation on health outcomes in Balochistan. It looked at how decentralisation has been [in]effective in improving (worsening) the overall healthcare services in the province. The impact of decentralisation was seen through the National Finance Commission’s (NFC) 7th NFC Award and the 18th Amendment to the Constitution. Both initiatives provide fiscal and administrative decentralisation to the provinces in Pakistan. Healthcare service in Pakistan is a provincial subject and any step that helps to improve the capacity of the provinces should supposedly translate into better services of healthcare. After the 7th NFC Award and the 18th Amendment, Balochistan has gained bigger fiscal space and provincial autonomy to improve social services including health. The study used a time series dataset from 1975 to 2020 from federal/provincial/district sources to provide micro-level evidence of static (or otherwise) outcomes in health corresponding to decentralisation. The paper compared the public health provision by provincial/subnational government with a centralised government to assess which tier is more effective (or otherwise) in health care provision considering various institutional types in both decentralised and decentralised regimes. The findings show that decentralisation did not improve health outcomes such as life expectancy, infant mortality rate, and child immunisation. Instead, it caused an increase in infant mortality in Balochistan. The paper concludes that health outcomes have not improved in post decentralisation despite bigger fiscal space and provincial autonomy. Thus, the province has not been able to increase healthcare services with qualitatively better outcomes.

Fiscal Federalism: An Analysis of Khyber Pakhtunkhwa's Share in the National Resources in the Post-18th Amendment Period

Decentralization of power and distribution of resources has remained a contentious issue between the Federal government and provincial governments in Pakistan. The 7th NFC award and 18th amendment to the constitution have further strengthened the federalist structure in Pakistan by adopting multiple criteria and ensuring provincial autonomy respectively. The Constitution of 1973 provided a well-structured mechanism for fair and just distribution of resources and inter-governmental harmony in the form of NFC and CCI and offered solutions to the contentious issue of distribution of power. Khyber Pakhtunkhwa is blessed with abundant natural resources in the form of water resources, crude oil production, natural gas and LPG and making extensive contributions to the energy sector of Pakistan. Although the constitution of Pakistan, in theory, is clear regarding revenue distribution the cleavages in its practical implementation in the context of the fiscal relationship between the federal government and Khyber Pakhtunkhwa are creating hurdles in their smooth relation.

Center-Sindh Relations in Pakistan after the 18th Amendment: Anatomy of Executive Federalism Under the PTI Government 2018–2022

Abstract This article examines the practice of Center-Province interaction in Pakistan by analyzing intergovernmental relations (IGR) between the federal (i.e., Center) and Sindh provincial governments. It focuses on the period when the Pakistan Tehreek-I-Insaaf (PTI) was in power at the Center (i.e., 2018–2022). Analyzing executive federalism and provincial governments is an understudied area of research in Pakistan. I provide an overview of the emerging literature on IGR and map out the institutional architecture of federalism in Pakistan. I pay special attention to platforms for managing Center-Province conflict, especially the Council of Common Interests (CCI). I then trace the trajectory of provincial autonomy in Sindh in the context of Pakistan’s centralized federation. My focus is on the impact of 2010 18th Amendment on regional power and the management of executive relations. I explore the critical issues of discord between the federal government of the PTI and the provincial one of the Pakistan Peoples Party (PPP) in Sindh. My analysis reflects continuing dominance of the Center and its linkage with party politics in the framework of executive interactions between governments at the two levels, characterized by a significant differential in their authority. I argue that constitutional devolution needs to be cushioned by a corresponding decentralization of powers to provinces like Sindh in the administrative and financial sectors.

BALOCHISTAN AND THE 18TH AMENDMENT: THE CIVIL-MILITARY ROOTS OF SEPARATISM AND REGIME MILITARISATION IN PAKISTAN

The 18th Amendment to the Constitution of Pakistan in 2010 transferred powers to the country's provinces and removed articles inserted by the previous military regimes which facilitated military influence. However, the reform failed to reverse the material roots of the Pakistani military's structural dominance, especially its multi-billion-dollar business empire. Instead, it pushed the military to develop new ways of (re)producing its influence by strategically appropriating the separatist conflict in Balochistan as the most serious threat facing the country and one that required the military's continuing role in policymaking. These counter-processes rendered the constitutional reform inadequate and kept the ethnic conflict alive, while also enabling the military to perpetuate a militarised regime at the national level. Using primary evidence, the article shows how a civil-military institutional imbalance favouring the military can impede ethnic conflict resolution even when the constitution offers autonomy to ethnic groups.

The 18th Amendment: Revival of Pakistan as a Federal State

The study which uses a qualitative research approach, seeks to answer the question of how Pakistan's 18th Amendment has helped the country's parliamentary democracy advance. The Islamic Republic of Pakistan's constitution, which was drafted in 1973, achieves a reasonable balance between central government authority and local government authority. In April 2010, the Senate and National Assembly of Pakistan approved the 18th amendment to the constitution of 1973, which was welcomed as a significant step in regaining the legitimacy of the document. The findings of this study demonstrate that the 18th Amendment is regarded as the reform package with the greatest significance in the annals of Pakistan's constitutional history. The study suggested that decentralization of powers under the 18th amendment can be a good example of provincial self-government, but there must be a clear balance sheet between the center and the provinces when it comes to the distribution of economic resources.

Decentralization of Environmental Governance in Pakistan and its Impact on Sustainable Development

Environmental governance is a key instrument towards sustainable development that requires full information, sound decision-making procedures, implementation of rules and their execution according to internationally accepted standards. While Pakistan has made progress in devising legislations and laws to manage major environmental issues, it is still not as close to its target of achieving sustainable development despite several decades of efforts at environmental regulation and governance. This paper evaluates the post-18th Amendment scenario regarding the achievement of sustainable environment through better environmental governance in Pakistan. The country is facing serious environmental challenges of ever-increasing environmental pollution, losing fertile lands, depleting fragile water resources and poor human development. Pakistan ranks 161 among 192 countries regarding its Human Development Index (HDI) because of its dismal performance in the fields of education, health, and income. In 2022, Pakistan’s Environmental Performance Index (EPI) ranking was 176th among 180 countries with a score of 24.6. Despite decentralization efforts, Pakistan has failed to achieve considerable improvement in environmental governance and management. To address these issues, there is a need to review the pros and cons of the 18th Amendment in the constitution of Pakistan objectively and modify it if needed. To facilitate inter-provincial and inter-sectoral coordination, different institutions, and statutory bodies relevant to environmental governance formed after the 18th Amendment should be made functional to devise comprehensive and collaborative strategies for sustainable development.