18th Constitutional Amendment Research Articles

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.

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.

Politics of New Provinces in Pakistan: A Historical Analysis

Although provincial autonomy was given to provinces of Pakistan through the 18th Constitutional Amendment in 2010 to pacify the political unrest, yet this amendment did nothing for the true socio-political assimilation of various sub-national identities of different regions such as Saraikis in Punjab, Hazaras in Khyber Pakhtunkhwa (KP), Mohajirs in Sindh and the Pashtoons in Balochistan and Gilgit Baltistan as well. Therefore the demand for creation of new provinces in Pakistan by the afore-mentioned communities prevailed in their respective regions particularly after renaming the North-West Frontier Province (NWFP) as KP. The said demand has currently been discarded in other federating units of Pakistan, yet it is prevailing with full momentum in Punjab with respect to the creation of South Punjab province. In that background, the core objective of this study is to inquire about history of these demands for creating new provinces as well as to shed light over the role of various political parties and the constitutional procedure regarding the creation of new provinces. Qualitative method of reasoning is applied to conclude the results. The study finds that division of Punjab at least into two provinces would not only result in administrative convenience but governance and service delivery would also be improved for the general public residing in the province.

Planning and Economic Coordination Challenges after the 18th Constitutional Amendment

The 18th Amendment has significantly changed the Constitution of Pakistan. It has increased the number of subjects in the provincial sphere. This expanded autonomy was fiscally supported by the 7th National Finance Commission (NFC) Award, which reversed the federal-provincial resource distribution formula in favour of the provinces. In this paper, the authors find that the new structure of planning and economic coordination required to implement these fundamental changes is not in place. The Planning Commission (PC), i.e., Ministry of Planning Development & Special Initiatives, continues to be a think tank of the federal government rather than the federation. Its visioning for the long-term and planning documents for the medium-term on an annual basis are found to be against the spirit of the amended Constitution, which stipulates a participatory process. The authors’ analysis leads to the conclusion that the Commission should be an independent secretariat of the Council of Common Interests (CCI) to ensure effective coordination. Towards this end, members of the Commission should also represent the provinces. Devolution to the local level, however, will continue to be a challenge. 

EVOLUTION OF FEDERALISM IN PAKISTAN: A CONSTITUTIONAL STUDY

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

Decentralization and Subnational Politics: Investigating the Impact of Democratic Decentralization on Subnational Politics in Pakistan

This study seeks to assess the impact of decentralization on subnational politics in Pakistan through the lens of public opinion. This quantitative study makes use of data from a national survey that was stratified by region, language, age, and gender. According to statistical analysis, decentralization has made a significant contribution to subnational politics in Pakistan. The study finds that the 18th constitutional amendment has advanced decentralization in Pakistan which has strengthened self-rule, improved subnational governance, and enhanced political participation among the masses in Pakistan. This decentralization has addressed issues related to identity politics and power-sharing as well. The results also indicate that decentralization and the related outcomes in the form of self-rule, governance, political participation, and identity politics have also pushed democratic and federal stability in Pakistan. Based on its findings, this paper contends that decentralization is the best solution for bringing democratic stability and good governance in Pakistan.

REVISITING THE 18TH AMENDMENT IN THE 1973 CONSTITUTION OF PAKISTAN: DEBATE OVER CENTRE-PROVINCE POWERS

This research article deals with the remarkable description of passing of 18th Amendment in the 1973 Constitution of The Islamic Republic of Pakistan in 2010, a move which was much awaited considered being the actual constitutional dream of the founder of the Nation Muhammad Ali Jinnah, the study talk about the different 102 constitutional articles amended in the process. Positive aspects of the 18thConstitutional Amendment have been given in detail followed by the opponent arguments given by those who are critical of this amendment. The research also delivers with the detailed debate on provincial autonomy followed by the apprehensions regarding the weak central government. The two opposite views are supported with solid arguments, whether the amendment brought greater role to the parliament and the Prime Minister or it was just to acquire unaccountable political power at the provincial level. In the end the conclusion sums up the debate. Key words: Constitution, Amendment, Legislation, Local Bodies, Judiciary, Provincial Autonomy, Senate

Emerging Issues and Challenges to Fiscal Federalism in Pakistan

After the enactment of the 1973 constitution, the defined roles of federal and provincial governments hit snags when democracy got derailed by two martial laws between 1977 and 2008. The consequences were obvious, as the federation; inter-provincial harmony, and intergovernmental fiscal relations witnessed wide socio-economic development gaps in Human Development Index amongst provinces. The genuine pressing public demand was reflected through a consensus of 7th NFC award during the 18th constitutional amendment by then the democratic government to create harmony in society in general, raising the responsibilities, in particular. The analysis examined the issues like enforcement of fiscal discipline, strengthening the role of the Senate of Pakistan, local governments, barriers to internal trade, absence of fiscal responsibility laws, devolution of further taxes such as GST on retail sales and wholesales needs to be corrected to mitigate dividends of 7th NFC award making fiscal federalism principles a great success in Pakistan.

The 18th Constitutional Amendment and Its Impact on Pakistan’s Democracy

As a result of the 2008 general elections, a power transition from the military to the civilians took place in Pakistan. The Pakistan People's Party, after assuming the powers, under its legislative drive restored the 1973 constitution to its original shape. Under the landmark 18th constitutional amendment,federal parliamentary democracy was restored, which ensured autonomy for provinces after removing the concurrent list. It ensured the independence of the judiciary, transparency of the Election Commission of Pakistan, and made arrangements for a peaceful transfer of power under the neutral caretaker government.Through this amendment, provinces were empowered and allowed to legislate on various matters under their jurisdictions. More and more powers were devolved to enhance provincial autonomy and to enable them to unearth their own resources. The present paper examines the 18th amendment and its role in the establishment of a viable federal democratic system based on participatory governance.

Impact of Devolution of Power on School Education Performance in Sindh after 18th Constitutional Amendment

Impact of Devolution of Power on School Education Performance in Sindh after 18th Constitutional Amendment

(2021) Volume 2, Issue 4 Cultural Implications of China Pakistan Economic Corridor (CPEC Authors: Dr. Unsa Jamshed Amar Jahangir Anbrin Khawaja Abstract: This study is an attempt to highlight the cultural implication of CPEC on Pak-China relations, how it will align two nations culturally, and what steps were taken by the governments of two states to bring the people closer.

(2021) Volume 2, Issue 4 Cultural Implications of China Pakistan Economic Corridor (CPEC Authors: Dr. Unsa Jamshed Amar Jahangir Anbrin Khawaja Abstract: This study is an attempt to highlight the cultural implication of CPEC on Pak-China relations, how it will align two nations culturally, and what steps were taken by the governments of two states to bring the people closer.

Identity Crises and Politics of Ethnicity: A Case Study of Hazara Nationalist Movement in Khyber Pakhtunkhwa

The Pakistani Federation has vested more autonomy to the provinces through the 18th constitutional amendment. This autonomy has evidenced impetus for the continuing demands of sub-national sets and provincial minorities for the creation of new provinces in Pakistan. The identity crisis and politics of ethnicity have been reawakened after the 18th constitutional amendment. The Hazarawal (variousethnolinguistic groups inhabited in Hazara) of Khyber Pakhtunkhwa Province have been striving for a separate province since the 1950s, andthe voice for separate identity re-emerged as a full-fledged movement after the 18th amendment. This analytical study proposes that the movement seems quite fruitful in attaining some of its essential objectives.Nevertheless, the movement is still far away from achieving its prime and chief political terminus, i.e., the creation of a separate Hazara province.In this context, this paper tries to explore the identity crisis and politics of ethnicity in the Hazara region. The paper contends that without adopting some more effective and substantial measures, the movement could not attain its goalmouth in the near future. However, a more flexible, inclusive and accommodate approach would boost the chance of its ultimate success.

A Synthesis of Spatial Forest Assessment Studies Using Remote Sensing Data and Techniques in Pakistan

This paper synthesizes research studies on spatial forest assessment and mapping using remote sensing data and techniques in Pakistan. The synthesis states that 73 peer-reviewed research articles were published in the past 28 years (1993–2021). Out of all studies, three were conducted in Azad Jammu & Kashmir, one in Balochistan, three in Gilgit-Baltistan, twelve in Islamabad Capital Territory, thirty-one in Khyber Pakhtunkhwa, six in Punjab, ten in Sindh, and the remaining seven studies were conducted on national/regional scales. This review discusses the remote sensing classification methods, algorithms, published papers’ citations, limitations, and challenges of forest mapping in Pakistan. The literature review suggested that the supervised image classification method and maximum likelihood classifier were among the most frequently used image classification and classification algorithms. The review also compared studies before and after the 18th constitutional amendment in Pakistan. Very few studies were conducted before this constitutional amendment, while a steep increase was observed afterward. The image classification accuracies of published papers were also assessed on local, regional, and national scales. The spatial forest assessment and mapping in Pakistan were evaluated only once using active remote sensing data (i.e., SAR). Advanced satellite imageries, the latest tools, and techniques need to be incorporated for forest mapping in Pakistan to facilitate forest stakeholders in managing the forests and undertaking national projects like UN’s REDD+ effectively.

System of Zakat and Ushr – A Paradigm Shift after Eighteenth Amendment to the Constitution of Pakistan

Zakat and Ushr are important instruments of the Islamic fiscal system. It is an obligatory practice of Islam aiming to help the society and give the deprived ones a better life and opportunities. The fundamentals of the Zakat and Ushr system are clearly defined by Shariah however, its collection and distribution is the responsibility of the state. In this regard, Zakat and Ushr Ordinance 1980 was implemented in Pakistan. The 18th Constitutional Amendment was notified in the Gazette of Pakistan on April 20, 2010. This amendment has redefined the structural contours of the state through a paradigm shift from a heavily centralized to a predominantly decentralized federation. In this regard ministry of Zakat and Ushr was devolved at the federal level and powers were given to provinces to make legislations regarding the subject. After this change provinces made the respective legislations for Zakat and Ushr. In this article, this provincial legislation is reviewed to find out their harmony with the Income Tax Law and practical steps are suggested to achieve the very purpose of these legislations. These steps will increase the collection of Zakat and Ushr that would be helpful to alleviate the poverty and overcome the financial problems of our masses predominantly from agricultural areas of Pakistan. This paper aims to discuss the role of zakat and Ushr as a mechanism for poverty eradication. For this article, qualitative research methodology is used. The content analysis method is adopted for comparison, quantify and analyze the data. Available data on the subject, both in Shariah and conventional law, has been analyzed in detail.

The role of state capacity and socio-economic determinants on health quality and its access in Pakistan (1990–2019)

Quality of Healthcare and accessibility is one of the vital Sustainable Development Goals (SDGs). For achieving this goal, the United Nations focuses on state capacity development and associated determinants in emerging and developing countries. By focusing on this objective, this study evaluates and examines the liaison of state capacity, socio-economic conditions, private health expenditures, and demographic pressure to the quality of health and its accessibility in Pakistan from 1990 to 2019. This study investigates the policy implications and their consequences on Pakistan's health conditions during the last three decades. Moreover, during COVID-19, pandemic health governs policies in the year 2020 have also been considered by using the Health Containment Index and analyzed policy implication on combating COVID-19. By applied Ordinary Least Square and Fixed Effect estimations, results show that Pakistan's health conditions have been showing sluggish improvement in the last three decades. Prudent policy-making and adequate health spending have a strong significant impact on health quality and accessibility, while institutional corruption and demographic pressure have adversely affected Pakistan's health outcomes. This proposed study analyzed that policy enforcement has been fragile in Pakistan from 1990 to 2010. Furthermore, this study concludes that from the year 2010 to date with the 18th constitutional amendment to administration and public policies have fractionally improved Pakistan's health conditions. However, Pakistan still lacks the International standards and minimum criteria of health measures a far behind Sustainable Development. The present study concludes that a sound and effective policy enforcement by enhancing resource capacity, quality of institutional practices, and controlling socio-economic conditions will promote SDG of health quality in Pakistan.

Analyzing the Impact of Lady Health Worker Program on Utilization of Maternal Health Services in Community With A Lady Health Worker in Sindh Province

The study aims to analyze impact of Lady Health Worker program on use of maternal health services in community with a lady health worker. The main focus was the rural districts of Sindh for this case study. The maternal health service is determined by at least four Antenatal care (ANC) visits provided to mother and receipt of at least two Tetanus Toxoid (TT) injections to mother during pregnancy. These have direct impact on maternal mortality rate and infant mortality rate. Secondary data pertaining to all districts of Sind for three years (2017-2019) was collected from the Sindh Lady Health Worker program office Hyderabad for analysis purpose. Further secondary data of Pakistan Demographic and Health Survey (2017-18) was also used to see the impact of intervention of LHW program implemented by Ministry of Health Pakistan in 1994 and then devolved to provinces after the implementation of 18th Constitutional Amendment in 2010. The study found that the services provided by the lady health workers in communities in these districts has positively influenced the uptake of maternal health services as determined by the variables like antenatal visits by pregnant mothers to nearest health facilities and receipt of Tetanus Toxoid injection during pregnancy.

Democracy and Federalism in Pakistan: An Analysis of PPP Government (2008-2013)

Pakistan adopted a federal democratic system with a parliamentary type of governance. However, the political history of Pakistan reflects a deviation from parliamentary democracy and the least concern towards the institutionalization of its political system. The centralization of power, authoritarianism, the power thirst of political parties and the imbalance of civil-military relations always affected the democratic course of Pakistan. As a result of the 2008 elections, a power transition occurred from the military to the civilians. Pakistan People Party, after assuming power, restored the 1973 constitution to its original shape under the landmark 18th constitutional amendment. It reinforced parliamentary democracy and revisited federalism with complete autonomy for provinces abolishing the concurrent list. Steps were taken to ensure the independence of the judiciary and transparency of the election commission of Pakistan. This paper analyses the political and constitutional development during the PPP led government (2008-2013) and its role in establishing a viable federal democratic system based on participatory governance.

An Assessment of Right to Fair Trial Under the Constitution of Pakistan, 1973: A Comparative Study of the US and Pakistan

Right to fair trial is considered as the basic right affirmed by Islam and recognised by different international documents i.e., ICCPR, UDHR, etc. In Pakistan, the notion of fair trial has been incorporated through Article 10-A through 18th constitutional amendment. The two amendments were made in the US Constitution in 18th and 19th century i.e., 6th and 14th amendments which safeguards right to speedy trial, impartial jury, public trial and equal protection of law. The Investigation for Fair Trial Act, 2013, permits the use of new methods in collection of evidence and also bridles arbitrary powers from being used. However, being dissimilar to the essence of the Constitution, 21st Amendment was made to adopt Pakistan Army Act, 2015 in order to control the extremism. The key purpose of the article is to assess how far the efforts for the enforcement of right to fair trial in Pakistan are sufficient?

Dispute Resolution Mechanism in Pakistan:

While introducing structural changes, the 18thconstitutional amendment is a step toward participatory federalism. The said constitutional amendment revived the spirit of the original 1973 federal constitution and went a step further to scrap the concurrent legislative list, it devolved 17th ministries to the provinces and activated the dispute resolution mechanism. In the post 18th amendment era, the Council of Common Interest emerged as the highest national planning and coordination institution. The said refined council has been provided for 18th subjects of combined management of shared responsibilities, enumerated in the federal legislative list Part II. Its structure and functions have been vitalized and its ambit has been increased. To harmonize the center-provincial relations the 1956 constitution provides Inter Provincial Council, the 1962 constitution ignored it all together. However, the provision and refinement of the Council of Common interest under the 1973 constitution in 2010 was a “progressive leaf forward” to ensure provincial autonomy and to resolve the lingering issues. This article is an effort to analyze the performance of the dispute resolution after 18th amendment that how far it has been successful in its aims and objectives.