18th Amendment - Contextualising Administrative and Fiscal Decentralization

8/13/2019 18th Amendment - Contextualising Administrative and Fiscal Decentralization

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This technical note was written by ASP consultant Dr Muhammad Ahsan Rana at the Lahore University of

Management Sciences to serve as basis for class discussion rather than to illustrate either effective or ineffective

handling of an administrative situation. This material may not be quoted, photocopied or reproduced in any

form without the prior written consent of the Lahore University of Management Sciences. This research was

made possible through support provided by the United States Agency for International Development. The

opinions expressed herein are those of the author(s) and do not necessarily reflect the views of the US Agency

for International Development or the US Government.

2013 Lahore University of Management Sciences

CONTEXTUALISING ADMINISTRATIVE AND FISCAL DECENTRALISATION:

THE 18TH CONSTITUTIONAL AMENDMENT

It is said that the most significant clause of a constitution is its amending clause (Levinson

1995). Constitutions are living documents they evolve over time through various

amendments that enunciate collective decisions on key issues. The 18th

Amendment to the

Constitution of Pakistan, passed in April 2010, is one such historic amendment. It is

important, primarily, for three reasons. First, it restored the parliamentary character of the

Constitution of Pakistan by undoing several key changes made by military dictators, such as,

the powers of the President. Second, it redefined the parliament-judiciary relationship by

proposing parliamentary oversight on the appointment of judges in the Supreme Court and

the High Courts. Third, it devolved many important functions to the provincial governments

by abolishing the Concurrent Legislative List in the Constitution and by amending the

Federal Legislative List.

Of particular importance is the devolution of responsibility and the authority to the provinces.

It provides the context in which the provincial governments are amending laws, establishing

new institutional frameworks, developing policies and strategies and building capacity to

effectively execute their newly acquired responsibilities. These provisions in the

Amendment, therefore, need to be examined in detail. However, implementing the

Amendment has been quite a challenge in the face of covert and overt opposition from the

federal bureaucracy, which is characteristically averse to any transfer of resources and

authority. For example, several functions of the Federal Ministries were dissolved in the


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aftermath of the Amendment but were assigned to other Federal Ministries instead of being

devolved to the provinces. A critical examination of the horizontal as well as vertical transfer

of such functions is needed to understand the nature and extent of the devolution of authority

under the Amendment.

This paper is a detailed examination of the 18th

Amendment, particularly of the devolution of

powers and functions to the provincial governments. It is divided into six sections. Section 2

provides a brief history of federalism in Pakistan. It discusses key provisions from the 1935

Act, the Constitution of 1956 and the Constitution of 1962, that defined federal-provincial

relations in Pakistan. Section 3 provides an overview of the 18th

Amendment. It briefly

examines the reduction of certain powers of the President, the new process for appointment

of judges, provisions regarding political parties, addition to fundamental rights, formation of

caretaker governments, etc. The enhanced role of the Council of Common Interests (CCI),abolition of the Concurrent List and changes to the Federal List and provisions regarding the

National Finance Commission (NFC) are discussed in detail in Section 4. Section 5 examines

the implementation challenge. Three sectors, viz. education, health and agriculture are

selected to examine how far the Federal Government has transferred various functions to the

Provincial Governments after the abolition of these ministries and in pursuance of the

Amendment. Section six concludes the paper.

HISTORY OF FEDERALISM IN PAKISTAN

At the time of the establishment of Pakistan in 1947, the Government of India Act of 19351

was adopted, with some amendments, as the interim constitution for the state of Pakistan.

The Act, which remained in force for the first nine years of Pakistans existence, provided a

federal governance framework2

1See Rizvi 2002 for text of various Constitutions.

and enunciated separate legislative powers for the federation

and its constituent units (called Governors Provinces). Sections 99 and 100 provided three

legislative lists, viz. the Federal List, the Concurrent List and the Provincial List. The

subjects listed as concurrent fell under the joint legislative control of the Federal and the

Provincial Governments. The Federal List had 59 items, the Concurrent List had 36 items

and the Provincial List had 54 items. The Act also provided for, sharing of tax revenues

between the federation and its constituent units. An Intra-Provincial Council was also created

2Section 5 of the amended 1935 Act


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under Section 135 to resolve disputes, if any, between the federation and provinces or

amongst the provinces themselves.

After nine years of deliberations and political negotiations, the Constituent Assembly finally

adopted a new Constitution in 1956. The 1956 Constitution also provided for a federal

parliamentary governance structure for Pakistan (Article 1). Article 43 created a unicameral

parliament and Article 44 specified the number of seats at 300. The Constitution recognised

the concept of One Unit3

and the seats in the parliament were equally divided between East

and West Pakistan, with 10 seats reserved for women. Article 106 divided subjects into three

legislative lists, viz. the Federal List (30 items), the Concurrent List (19 items) and the

Provincial List (93 items). Most of the items, with greater significance, were either in the

Federal List or in the Concurrent List (Rabbani, 2011). The Constitution created a National

Economic Council comprising of four federal ministers and three ministers from eachprovince. It also created a National Finance Commission (NFC) to make recommendations

regarding the distribution of resources between the federation and the provinces. However,

the commission could only make recommendations; they were not binding on the Federal

Government.

Despite its federal and democratic character, the 1956 Constitution had two important

centralising features; first, Article 109 specified that the residual powers, i.e. the power to

legislate on subjects not included in any of the three lists, will be vested in the Federal

Government. Second, Article 92 required the governors recommendation before introducing

a bill or amendment regarding a matter specified in a money bill or one that would involve

expenditure from the provincial revenue. Since the governor was a federal nominee, this

effectively constrained provincial authority to legislate freely. Further, there was no mention

of dispute resolution by an independent forum, such as the Inter-Provincial Council of the

1935 Act. Instead, the Constitution required the Chief Justice of Pakistan to mediate in case

there was a dispute between the two provinces or between the federation and the provinces.

The Constitution of 1956 had a short life, since martial law was imposed in October 1958.

Ayub Khan introduced a new Constitution in March 1962, which was a poor mix of the 1935

Act and the 1956 Constitution. Article 1of the new Constitution deleted the word Federal

3A new province with the name West Pakistan had been created in 1954 by merging Punjab, Sindh and NWFP,

and states and tribal areas of the Western Wing.


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from the name of the country4

and Article 70 created two separate assemblies for East and

West Pakistan, which were granted parity in all federal matters. The Constitution provided

for a unicameral federal legislature with 156 members equally divided between the two

provinces (six seats reserved for women). The 1962 Constitution provided only one list

(Third Schedule) containing 43 subjects on which the Central Government could exclusively

legislate. Article 132 vested the residual powers with the provinces.

Vesting residual powers in the provinces was an important step in decentralising authority

and responsibility, but two provisions of the Constitution effectively constrained provincial

authority. First, Article 131 empowered the Central Legislature to make laws in the national

interest of Pakistan on matters of national security, economic and financial stability, and

planning and coordination. This was an open-ended provision and created an allowance for

the Central Government to regulate even those matters that were not included in the CentralList. Second, Article 74 declared that in case of a conflict between the Governor (a federal

nominee) and a provincial assembly, where the conflict was decided in favour of the

Governor by the National Assembly, the Governor could dissolve the provincial assembly

with the consent of the President. Rather than referring the conflict to a non-partisan forum or

one comprising of representatives of both parties, the Central Government became a judge in

its own right. Further, the National Economic Council was to be nominated by the President,

with no specific provision for provincial representation.

The 1962 Constitution was immediately abrogated by the new military government when it

took over power in 1968. Elections were held in 1971 and the National Assembly took up the

task of framing a new constitution for the new Pakistan in 1972. The new Constitution

unanimously passed in April 1973 clearly enunciated the federal character of the state in its

preamble as well as in Article 1, which declared Pakistan a Federal Republic. It created a

bicameral Parliament, comprising of the National Assembly, Senate and the provincial

assemblies for each province. There were to be three tiers of government: federal, provincial

and local. The Fourth Schedule to the Constitution contained two lists: the Federal

Legislative List and the Concurrent Legislative List. The Federal List was divided into Part I

and Part II, which had 59 and 8 items respectively. The Concurrent List had 47 items and all

residual matters were deemed to be vested in the provinces. The provinces could legislate on

4 The word Islamic was also dropped, but it was brought back through the 1 st Amendment in 1963 and

Pakistan became Islamic Republic of Pakistan.


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OVERVIEW OF THE 18TH CONSTITUTIONAL AMENDMENT

The 18th

Amendment sought to comprehensively5

amend the Constitution. It not only

restored its parliamentary character but also resolved several other emerging issues, such as

the renaming of NWFP, appointment of judges and strengthening of certain key

constitutional offices. For the sake of convenience, various provisions of the Amendment can

be grouped together in five categories: 1) Restoration of parliamentary form of government;

2) Strengthening key institutions; 3) Appointment of judges; 4) Federation-provinces

relations; and 5) Miscellaneous (see Appendix Afor a summary). A brief discussion follows.

Restoration of the Parliamentary Form of Government

The 17th

Amendment had transferred several key functions to the President and had greatlyenhanced his powers vis a vis the parliament and its executive arm. Thus the President was

no longer a titular head, as originally envisaged by the 1973 Constitution. The 18th

Amendment repealed the 17th

Amendment in its entirety6

and also declared illegal the

various Legal Framework Orders of 2002. The Presidents powers were reduced in several

ways. For example, before the Amendment, the executive authority of the Federation was

vested in the President, who could exercise such authority, either directly or through officers

subordinate to him (Article 90). The amended Article clearly states that the executive

authority of the Federation is to be exercised by the Federal Government and that the Prime

Minister shall be the Chief Executive of the Federation. Rules of business are also to be

framed by the Federal Government and not the President. The power of the President to delay

the Assembly session after the elections and/or to appoint at his discretion a member of the

National Assembly as the Prime Minister (who in his opinion was likely to command the

confidence of the majority of members) was abolished. Now, the Assembly must meet 21

days after the elections and elect a Prime Minister, who the President must call upon to take

up the office of the Prime Minister.

Similarly, an amendment to Article 232 reduces the Presidents power to impose a state of

emergency in a province. Under the amended Article, a proclamation of emergency may be

issued only after a resolution to this effect has been passed by the concerned Provincial

5Hamid (2010) notes that the comprehensive nature of the Amendment was necessitated by the need to develop

consensus.6Though some provisions were reintroduced through the 18thAmendment.


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In a similar manner, provisions regarding the appointment and functioning of the Election

Commissioners have been amended to grant the office greater operational autonomy. The

term of office of the Chief Election Commissioner (CEC) has been increased from three

years to five years. Previously, the President could appoint the CEC at his discretion, but now

the Amendment prescribes a transparent procedure for the appointment. The amended Article

213 requires the Prime Minister to forward three names to a Parliamentary Committee after

consulting the leader of the opposition in the National Assembly. The Parliamentary

Committee is to be constituted by the Speaker. It comprises of at most twelve members

50% from the treasury and 50% from opposition parties-who are to be nominated by various

parliamentary party leaders in the Assembly, based, on their respective strength in the

Assembly. Thus, it is no longer the sole prerogative of the Federal Government or even the

Leader of the House and the opposition to make the appointment for one of the most

important offices in a democracy. The CEC must be chosen through a process of broad-basedconsultation in the Parliament.

Further, power and authority has been vested in the Election Commission, rather than the

CEC. The Election Commission comprises of five Commissioners, CEC being only one of

them. The other four must be a judge of the High Court from each province. It is now for the

Commission, instead of the CEC, to make rules for the appointment of officers and staff in

the employment of the Commission.

Appointment of Judges

The most contentious part of the 18th

Amendment was the one which dealt with the

appointment of judges to the Supreme Court and High Courts. This was mainly because the

superior judiciary had assumed this function to the exclusion of all other institutions through

a series of judgements, over the past two decades. A new Article (175A) was inserted in the

Constitution, which created a Judicial Commission of Pakistan for the appointment of judges

to the Supreme Court, High Courts and the Federal Shariat Court. The Commission was to

comprise of the Chief Justice of Pakistan and six other members two senior most judges of

the Supreme Court, a former Chief Justice or a former Judge of the Supreme Court

nominated by the Chief Justice in consultation with the two member judges, the Federal

Minister for Law and Justice, the Attorney General of Pakistan and a senior advocate

nominated by the Pakistan Bar Council. For the appointment of judges of a High Court, the

Commission was to have the following additional members: the Chief Justice of the


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concerned High Court, the senior most judge of the High Court, provincial Law Minister and

a senior advocate nominated by the concerned provincial Bar Council. Similarly, the Chief

Justice of the Federal Shariat Court and the senior most judge of the Shariat Court were also

made members of the Commission for appointments in the Shariat Court. Thus the

Commission had broad-based representation from the Government, the judiciary and the

legal fraternity. Under this Article, the President was required to appoint the most senior

judge of the Supreme Court as the Chief Justice of Pakistan. For all other vacancies in

superior judiciary, the Commission was to nominate one person for each vacancy to an 8-

member Parliamentary Committee (the Leader of the House and the Leader of Opposition to

nominate two members each from each House of the Parliament). The Parliamentary

Committee could either confirm the Commissions nomination against a vacancy within 14

days through a simple majority or reject the nomination with a three-fourth majority of its

total members.

For the broad-based Parliamentary Committee that drafted the 18th

Amendment and the

Parliamentarians who unanimously passed the Amendment, this comprised of a transparent

and objective process for the appointment of judges. The principle of seniority was accepted

in the appointment of the Chief Justice and for all other appointments. The nomination was to

originate from the Judicial Commission and finalised by the Parliamentary Committee

having representation from, the treasury and the opposition in both houses. While

parliamentary oversight was ensured, the requirement of three-fourth majority meant that the

Committee could not casually reject a nomination from the Commission.

However, not everyone was happy. Shortly after the 18th

Amendment was passed, a petition

was filed in the Supreme Court of Pakistan challenging these portions of the Amendment on

the ground that this amounted to undermining judicial autonomy and altering the basic

structure of the Constitution (Hamid 2010). The Supreme Court passed an order in October

2010 highlighting the objections to the Amendment and referring the matter back to the

Parliament.

Consequently, another Amendment the 19th

Amendment was brought in to settle the issue

of the appointment of the judges, once and for all. The 19th

Amendment amended Articles

81, 175A, 182, 213 and 246 of the Constitution. Of greatest significance was the amendment

of Article 175A. Membership of the Judicial Commission was enhanced to include four most

senior judges of the Supreme Court instead of two previously. More importantly, the


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Parliamentary Committee was now required to hold its sessions on camera, record its reasons

for rejecting a nomination (with three-fourth majority of total membership) and pass on these

reasons to the Judicial Commission through the Prime Minister. In effect, this meant that

although the Parliamentary Committee could still object to a nomination from the

Commission, it was the Commission who got to finally decide whether such objections were

valid or not.

In addition to specifying a new process for the appointment of judges, the 18th

Amendment

had three other features that were important for the judicial system in Pakistan. First, the

Islamabad High Court was created through inserting a new clause in Article 175.Benches of

the Peshawar High Court and the Balochistan High Court were established at Mingora and

Turbat respectively, through an amendment of Article 198. Second, judges were protected

against involuntary transfers from one High Court to another. Previously, a High Court judgecould be transferred to another High Court without his consent and without the consent of the

involved Chief Justices of the Supreme Court and High Courts, if the period of transfer was

less than two years. A judge refusing such a transfer was deemed as retired from service.

These provisions were removed, meaning that a judge could only be transferred with his

consent and with the consent of the relevant Chief Justices. Third, certain protection has been

extended to the judges of the Federal Shariat Court who cannot be removed from office

except in the manner and on grounds as specified for a Supreme Court judge.

Miscellaneous

In addition to the above changes and the assigning of greater responsibility to the provinces

(discussed in the next Section), the 18th

Amendment brought several important changes in the

Constitution of Pakistan. These are discussed below.

The North Western Frontier Province was renamed as Khyber Pakhtunkhwa (KPK). This

was a long standing demand of the people of the province. At the same time, it triggered a

demand for the creation of a new province in KPK. Moreover, the spellings of Baluchistan

and Sind were changed to Balochistan and Sindh respectively.

The requirement for political parties to hold intra-party elections under Article 17 was done

away with. They are still required to hold these elections, but under an Act of the Parliament

(Political Parties Act of 1962), rather than under the Constitution. The ban on a person


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becoming the Prime Minister for a third term has also been removed. A new process has been

prescribed for the appointment of a caretaker Prime Minister and his cabinet. The caretaker

Prime Minister is to be appointed by the President in consultation with the outgoing Prime

Minister and the Leader of the Opposition in the National Assembly. In case of a

disagreement between the two, the matter is referred to the CEC, who will then pick from

amongst the names proposed by the leaders of the past treasury and opposition.

Three new fundamental rights were created. Article 10A made fair trial and due process a

fundamental right of every citizen of Pakistan. This was done to ward off arbitrary trials and

victimisation of political opponents by military and civil governments. Article 19A made

access to information another fundamental right. Even on matters of national security (that

can be kept secret for a certain period of time), citizens should have the right to get access to

full information after a lapse, so that, an objective assessment of issues and decision can bemade. In pursuance of this Article, provincial governments are now legislating their own

Freedom of Information Acts.7

An important addition to fundamental rights is the right to education (Article 25A).

Although, providing education, especially to marginalised and the poor, has been a priority

for the federal and provincial governments, it was not an enforceable right per se. Article

25A renders it states responsibility to provide free and compulsory education to all children

in the 5-16 years age group. This fundamental right is being taken further, through provincial

legislations. For example, the Sindh Assembly recently passed the Right of Children to Free

and Compulsory Education Bill 2013. Similar draft legislation is being prepared by the

Punjab Government.

The definition of treason under Article 6 has been expanded to include, suspension and

holding in abeyance, the Constitution.8

7 Three provincial governments, viz. Punjab, Sindh and KPK are in the process of legislating Freedom of

Information within their respective jurisdictions. Punjab has a draft approved by the Cabinet to be presented in

the Assembly shortly. KPK and Sindh are developing their own Bills. How well will these be implemented is an

open question. Provinces face severe challenges due to culture of secrecy, poor record keeping and general

incapacity.

Further, conspiring, abetting and collaborating to

abrogate, subvert, suspend or hold in abeyance the Constitution was also made an offence of

equal measure under the said Article. A new clause (2A) was inserted to prohibit the

Supreme Court and High Courts to validate any such treasonous act. Whether or not any such

8Thus Musharrafs November 2007 action also attracted application of this Article.


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act is tried as treason is for time to tell, but at least the Constitution is now clear on the

matter.

The Sixth and Seventh Schedules to the Constitution have been abolished. The Sixth

Schedule contained a list of 35 laws, which could not be amended without prior approval of

the President. The list included laws on expressly provincial subjects, such as the local

government. This imposed a serious constrain on the provinces, who could not legislate

freely even in explicitly provincial matters. The Seventh Schedule contained a list of eight

laws, which could only be amended through the process prescribed for passing of a

Constitutional Amendment. After the abolition of the two Schedules, laws listed therein are

to be treated as any other law on the statute book.

DECENTRALISING RESPONSIBILITY AND AUTHORITY

A large portion of the 18th

Amendment dealt with federal-provincial relations and sought to

strengthen the position of the provinces within the federation of Pakistan. In addition to

transferring several functions to the provinces, the Amendment clarified/amended numerous

procedures in a manner so as to grant provinces a greater say in the running of the affairs of

the federation. A brief discussion of these provisions follows.

Changes to the Federal Legislative List

Perhaps the most notable changes were the ones made in the Fourth Schedule, which had two

legislative lists, viz. the Federal Legislative List and the Concurrent Legislative List. The

Federal List had two parts. Part I contained 59 items and Part II had eight items. Subjects in

Part I are the exclusive responsibility of the Federal Government, whereas subjects in Part II

are to be deliberated and decided upon jointly by the federation and provinces through the

Council of Common Interest (CCI). The 18th

Amendment made the following changes to the

Federal List:

Four items were transferred from Part I to Part II of the List. These included:major ports; census; extension of the powers and jurisdiction of members of a

provincial police force to other provinces; and national planning and economic

coordination.


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Four new items were added to Part II. These were: all regulatory authoritiesestablished under a federal law; supervision and management of public debt;

standards in institutions of higher education as well as research, scientific and

technical institutions; and inter-provincial coordination.

The following two items were shifted from the Concurrent List to Part II of theFederal List: electricity; legal, medical and other professions.

One item (Boilers) was shifted from the Concurrent List to the Federal List Part I. The following five items were deleted from the Federal List Part I: state lotteries;

duties regarding succession of properties; estate duty in respect to property;

capital gains; and general sales tax on services.

Thus, the modified Federal List is as follows: Part I - 51 items; and Part II - 18 items. It

should be noted that the expansion of Part II of the List has not come at the cost of the

Provincial List, but is a direct result of the shrinking of Part I and abolition of the Concurrent

List. Since Part II of the Federal List falls under shared responsibility of the federation and

the provinces, a transfer of subjects to this Part signifies an enhanced role for the provinces

even in matters that continue to be legitimately federal.

The amended Federal List Part I contains subjects that have a supra-provincial character.

Examples are: defence; military, naval and air force works; local self-government in

cantonment areas; external affairs, implementation of treaties and agreements; nationality,

citizenship and naturalisation; migration to and from Pakistan; posts and telegraphs;

currency; foreign exchange; nuclear energy; quarantine; copyrights; national highways;

federal surveys; the State Bank of Pakistan; federal institutions such as the Federal

Ombudsman and the Federal Public Services Commission; various institutions in the federal

territory; and federal taxation.

With the possible exception of the federal institutions listed above, institutions working

within the federal territory and federal taxation, all other subjects in Part I of the Federal List

ultimately concern the provinces. It is possible to make a case for the transfer of any number

of these subjects to Part II of the List, which would enable a greater provincial say in such


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subjects. To start with, local self-government in cantonment areas and posts and telegraph

appear to be good candidates for such further decentralisation of responsibility.

The amended Federal List Part II also contains subjects of importance. These are: railways;

mineral oil and natural gas; development of industries; federal corporations, industries and

projects; CCI; major ports; census; economic coordination; all regulatory authorities

established under a federal law; electricity; legal, medical and other professions; and inter-

provincial coordination.

Abolition of the Concurrent Legislative List

Another List in the Fourth Schedule was the Concurrent List, containing 47 subjects on

which the Federal Government as well as the provincial governments, could legislate.Political parties, especially nationalist parties from smaller provinces had consistently

demanded an abolition of this List and transfer of all subjects included therein to the

provinces. It was also widely believed that there was a verbal agreement amongst, the

framers of the Constitution in 1973, that the List would be abolished after ten years.

However, there was no written record of any such formal or informal agreement to this effect

(Rabbani 2011). The 18th

Amendment abolished the Concurrent List. As noted above, two

subjects were transferred to Part II of the Federal List and one subject was transferred to Part

I of the List. The remaining 44 subjects were automatically devolved to the provinces as

residual subjects.

The subjects that came to an exclusive provincial realm include the following: criminal law;

criminal procedure; civil procedure; evidence and oath; marriage and divorce; adoption;

bankruptcy; arbitration; contracts; transfer of property; preventive detention; arms and

firearms; explosives; opium; drugs and medicines; poisons and dangerous drugs; mental

illness; environmental illness and pollution; population planning and social welfare; labour

welfare; trade unions; shipping and navigation on inland waterways; newspaper, books and

printing presses; evacuee property; Islamic education; zakat; tourism; and auqaf.

This shows the extended sphere of provincial responsibility and authority. For provinces, it

meant two things. First, they were now required to legislate on these subjects, even if this

amounted to adopting, mutatis mutandis, the federal legislation. Hitherto, provinces had

mainly relied on the Federal Government for legislation, policy and regulation. But these


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subjects were no longer legitimate federal business; hence, the provinces had to frame their

own laws, rules and policies in these matters. Until this was done, Article 270AA (added

through the Amendment) provided for continuation of existing laws, regulations and

notifications to avoid a legal vacuum in the aftermath of the abolition of the Concurrent List.

Second, provinces had to develop the capacity to effectively discharge these newly acquired

responsibilities. Federal legislation had in most cases also created federal institutional

infrastructure, which now had to be either continued in the federation under another guise or

had to be established in the provinces. We will see several examples of both in the next

section.

Strengthening Provinces vis a vis the Federation

The provincial role in governance was enhanced in several ways. For example, Article 157was amended to require the Federal Government to consult the concerned Provincial

Government before taking a decision for constructing hydro-electric power stations in the

province. Further, any dispute in this matter could now be referred to CCI for resolution.

Similarly, a provision was added to Article 147 so that if a Provincial Government entrusted

to the Federal Government any of its functions, it had to seek ratification for such an act from

the Provincial Assembly within sixty days.

In the same spirit, CCI was strengthened by amending Articles 153 and 154, which dealt with

the composition and functions of the Council. Previously, the Council comprised of four

members from the Federal Government and the provincial Chief Ministers. It was chaired by

the Prime Minister, if he was a member, or by another Federal Minister who was a member

of the Council. The Amendment made the Prime Minister both a member and the Chairman.

Further, it was made compulsory for the Federal Government to constitute the Council within

thirty days of the Prime Minister taking the oath of office.

The composition of the National Economic Council was specified as comprising of the Prime

Minister, four members nominated by the Prime Minister, provincial Chief Ministers and

four members nominated by the Chief Ministers (one by each Chief Minister). The Prime

Minister was to act as the Chairman of the Council, and was entrusted with the responsibility

of reviewing the overall economic condition of the country and advise the Federal and

Provincial Governments on financial, economic and social policies.


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An important contribution of the 18th

Amendment was to strengthen the Senate and assign it

greater role in various matters. Since the Senate represents provincial assemblies in the

federal Parliament, its strengthening automatically translated into greater provincial say. For

example, under Article 91(4), the Cabinet was collectively responsible to the National

Assembly. An amendment in this Article made the Cabinet responsible to the National

Assembly as well as the Senate. Similarly, the President could previously issue an Ordinance

even when the Senate was in session. An amendment in Article 89 expressly prohibited the

issuance of an ordinance when either House of the Parliament was in session. Since

legislation could be initiated in either House, it was only logical to propose a piece of

legislation at once in the House that was in session, rather than adopting the ordinance route.

Further, the Senate was given equal representation in the Parliamentary Committee, which

was responsible for finalising the Judicial Commissions recommendations for the

appointment of judges. Both the treasury and the opposition were required to nominate twomembers from each House.

In several cases, even when recourse to the Senate was warranted under the 1973

Constitution, the matter was placed before a joint sitting of the Parliament. This effectively

meant a dissenting view from the Senate was subsumed under the numerical majority of the

National Assembly. The 18th

Amendment brought several changes which required such

matters to be placed before both Houses of the Parliament, separately. For example, the

Presidential proclamation of emergency was to be placed before each House for approval

within ten days of the proclamation. So was any order suspending a fundamental right during

an emergency under Article 233. Similarly, the National Economic Council was made

responsible to both Houses of the Parliament through insertion of a new clause to Article

156. Further, Articles 29, 153 and 171 were amended so that several important reports (e.g.

Report on the Principles of Policy; Report of CCI; and Report of the Auditor General of

Pakistan) were presented to both Houses, instead of just the National Assembly.

Enhanced Share in National Resources

Another important contribution of the 18th

Amendment was to recognise provinces as rightful

beneficiaries of their natural resources, but in collaboration with the Federal Government. An

amendment in Article 172 limited the ownership of the Federal Government to lands,

minerals and other things of value within the continental shelf or lying under the ocean,

beyondthe territorial waters of Pakistan. Thus, lands, minerals, etc. that lay within Pakistani


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territorial waters were left for provinces to explore, develop and exploit. Further, all new

discoveries of minerals, oil and natural gas within a province or in territorial waters adjacent

to a province were to be owned, jointly and equally, by the Federal and the Provincial

Government.

An important institution created by the 1973 Constitution was the National Finance

Commission (NFC). It had provincial representation and was responsible for resource

distribution between the Federal Government and the Provincial Governments. The 18th

Amendment strengthened provincial position vis a vis the NFC by declaring that the share of

a province in an NFC award will not be less than its share in the previous award (Article

160(3A)). It also required the NFC to present its report to both the Houses of the Parliament

and to the provincial assemblies.

A new clause was added to Article 161 so that the net proceeds of the federal excise duty on

oil levied at well-head(Collected by the Federal Government) went entirely to the provinces

in which the well-head was located, rather than forming a part of the Federal Consolidated

Fund. Previously, only the net proceeds of the excise duty on natural gas went to the

concerned province. Sales tax on services also became a provincial tax after its deletion from

the Federal List.

Subject to the oversight of the National Economic Council (in which provinces were

represented), provinces were allowed to raise loans and provide guarantees under Article

167. This fulfilled a long-standing provincial demand to raise loans from domestic or

international lenders against the security of the Provincial Consolidated Fund.

THE IMPLEMENTATION CHALLENGE

From the above discussion it is evident that, the 18th

Amendment created the necessary

constitutional framework for administrative and fiscal devolution of responsibility, from the

federation to the provinces. The next challenge was its implementation, which was

problematic for two reasons. First, the federal (elected and unelected) administrative system

was quite averse to letting go of responsibility, as it ultimately meant loss of control over

human, physical and fiscal resources. It was quick to invent innovative interpretations of

various constitutional provisions as well as develop seemingly convincing justifications for

keeping at least the more important functions with the Federal Government. Several


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Ministries, instead of initiating an enabling legislation, referred their dissolution proposals

back to the Implementation Commission for review (Jamy et al. 2012). Second, there were

apprehensions about the capacity of provincial governments. They neither had the legal and

institutional infrastructure nor the human resource to effectively perform various functions, if

these were devolved. Even Provincial Governments (especially Balochistan) appreciated this

and were in some cases happy to let the Federal Government continue performing functions

as before.

Nevertheless, the momentum created by the 18th

Amendment was hard to resist. Ultimately,

18 federal Ministries were dissolved on, 1stJuly 2011, to give effect to various provisions of

the Amendment. Functions performed by the dissolved Ministries were assigned to different

federal Ministries (particularly to the four new Ministries created in October 2011), deleted

or transferred to the Provincial Governments. The Rules of Business were amendedaccordingly. The current position is summarised below:

Functions performed by dissolved Ministries 301

Functions assigned to other Ministries 207

Functions devolved to provinces 94

The data shows that less than 1/3rd

functions were actually devolved, which is not very

encouraging. In the following sub-sections, changes brought in pursuance of the 18th

Amendment are examined with respect to the Agriculture, Education and Health sectors.

Agriculture

In the 1973 Constitution, Agriculture was part of neither the Federal Legislative List nor the

Concurrent Legislative List, i.e. it was a residual subject and ipso facto the exclusive

responsibility of the provinces. And yet, there was a large Ministry of Food and Agriculture

in the Government of Pakistan, which immediately before its dissolution, was performing 39

different functions and had 12 attached departments/organisations. It had 7,020 employees, a

development budget of Rs 10.9 billion and was implementing 59 projects worth Rs 65.4

billion (Bakhshi et al. 2012). The Ministry strongly opposed its dissolution on the ground that

agriculture was central to Pakistans economy and was a significant contributor to exports.


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When it became clear that dissolution was inevitable, the Ministry proposed its re-

embodiment as the Ministry of Food Security and Research (Jamy et al. 2012). Accordingly,

a new Ministry of National Food Security and Research was created in October 2011.

Appendix B lists the now-dissolved Ministrys functions and departments and indicates their

current status.9

Summary statistics are as follows:

Functions:

Deleted 02

Transferred to other Ministries 26

Devolved to provinces 11

Attached departments/organisations:

Wound up 04

Transferred to other Ministries 07


An examination of the functions and departments that were disposed of the Ministry of Food

and Agriculture, upon its dissolution in 2011, is illustrative in two ways. First, Agriculture

was a residual subject; there was no justification in the first place for the existence of the

Ministry of Food and Agriculture with such a large portfolio. This was clearly a historical

wrong and the 18th

Amendment provided an opportunity for correcting it. However, the

opportunity was missed and only two functions were deleted and only 11 were devolved to

the provinces. The rest were retained. It is difficult to understand why there was a need to

keep agricultural storage, seed testing and certification, agricultural research, grading, etc. in

the federal purview. It is also noteworthy that these functions were already being performed

by the provincial governments, in parallel, with the Federal Government. For example, the

9Cabinet Divisions Notification No. 4-14/2011-min-I; dated 26thOctober 2011


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Punjab Government had an elaborate agricultural research network under the Ayub

Agricultural Research Institute with a mandate similar to the one pursued by the Pakistan

Agricultural Research Council (retained by the Federal Government). Second, only four

attached departments/organisations were wound up (another one is in the process) and only

one was devolved to the provinces. The only one to be devolved the Soil Survey of

Pakistan was devolved to Punjab, since its offices were located in Lahore, which meant that

effectively none were devolved to the smaller provinces.

The case of seed testing and certification exemplifies the unwillingness of the federal

administrative system to devolve its functions and resources. This function is performed

under the Seed Act of 1976, which is a federal statute, passed after provincial assemblies

ceded their authority to the Federal Government under Article 144 of the Constitution

(Hussain 2004; Hussain and Hussain 2007). This was necessary, since the FederalGovernment could not legislate on seeds on its own, since Agriculture was a residual subject.

Under the Seed Act of 1976, the Federal Seed Certification and Registration Department

(FSC&RD) was established to register new plant varieties and to regulate the seed business

in Pakistan. FSC&RD was based in Islamabad and had its field offices in the provinces,

which inter aliaprovided seed certification services to seed producers.

Over the years, several new developments in the seed provision system, especially the

emergence of the private seed sector as a major seed provider, necessitated amendments in

the Seed Act, 1976. But these could be made only after obtaining fresh authorisation from at

least two provinces in terms of Article 144 of the Constitution. Although provincial

governments, particularly the Punjab Government, appreciated the urgency to amend the

Seed Act of 1976, none provided the required authorisation despite some follow up from the

then Ministry of Food and Agriculture.

In the wake of the 18th

Amendment, it was only natural for the provincial governments to

expect that at least a function as mundane as seed testing and certification would be

devolved. Unfortunately, this did not happen and the Federal Government initially assigned it

to the Ministry of Science and Technology and subsequently to the newly created Ministry of

National Food Security and Research. FSC&RD was also transferred to the new Ministry.

But not all provinces were ready to accept this easily. The momentum created by the 18th

Amendment emboldened the Punjab Government to consider repealing the Seed Act of 1976

to the extent of Punjab and legislate for a new Punjab Seed Act instead. Accordingly, a draft


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Punjab Seed Act was prepared in 2011 and shared with stakeholders, including the

FSC&RD. The latter opposed it vehemently and instead asked the Punjab Government to

expedite ceding of legislative authority under Article 144 to bring the required amendments

in the Seed Act of 1976. So far the Punjab Government has not provided such authorisation

to the Federal Government, but it has not pursued its own legislation either.

The retention of the Pakistan Central Cotton Committee (PCCC) by the Federal Government

presents a similar example. PCCC is responsible for conducting research on various aspects

of cotton production and manages a set of research stations in Punjab and Sindh. Since both

provinces had their own cotton research programs in fact, Punjab Governments equally

large Cotton Research Station was situated right across the road from PCCCs Cotton

Research Institute in Multan they expected PCCC to be devolved and its research outfits to

be shared between the two provinces. Instead, the Federal Government chose to retain PCCC,which was assigned to the Ministry of Textiles upon dissolution of the Ministry of Food and

Agriculture.

Education

The 18th

Amendment brought several important changes to the Constitution that had a direct

bearing on education provision in Pakistan. Perhaps the most significant was the insertion of

Article 25A, which created education as a fundamental right and required the state to provide

free and compulsory education to all children between the ages of five to sixteen years.

Implementation of this fundamental right requires that the Federal and Provincial

Governments establish the necessary legislative and institutional framework for their

respective areas of jurisdiction. As mentioned above, the Sindh Government has enacted a

new law to this effect and a similar draft Bill is under consideration of the Punjab

Government.

Further, the abolition of the Concurrent List brought the following two subjects in the

exclusive provincial realm:

Curriculum, syllabus, planning, policy, centres of excellence and standards ofeducation

Islamic education


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Previously, setting of national curriculum and syllabus was the responsibility of the

Curriculum Wing of the (now dissolved) Ministry of Education. The wing was established

under the Federal Supervision of Curricula, Textbooks and Maintenance of Standards of

Education Act of 1976. To support the federal Curriculum Wing, each province had also

established Curriculum Bureaus. Now the Wing has been dissolved and the responsibility of

setting up Curriculum has completely fallen upon the provinces. For the time being, none of

the provinces have deviated from the Curriculum, which was last revised in 2007-08. But, it

is only a matter of time that provincial Curriculum Bureaus will start modifying them to suit

their own educational needs.

The following three additions to the Federal List Part II are also important for education

provision:

All regulatory authorities established under a federal law Standards in institutions of higher education and research Scientific and technical institutions

The aftermath of the passing of the 18th

Amendment saw considerable confusion and struggle

over the ultimate fate of the Higher Education Commission of Pakistan. Since education including higher education is a provincial subject, provinces demanded devolution of the

Commission to the provinces. But the Federal Government opted to retain it (at least until the

expiry of the current NFC Award), as it was responsible for setting the standards for higher

education including equivalence and accreditation.

The table below, historically places, the recent changes to the Federal and the Concurrent

Lists with respect to education.


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Table 1

Status of Education Policy, Planning and Curriculum in Various Constitutions

Subject Government

of India Act,

1935

1956

Constitution

1962

Constitution

1973 Constitution

Before

Amendment

After the

18th

Amendment

Right to

education

Recognised

but not

justiciable

Recognised

but not

justiciable

Recognised

but not

justiciable

Recognised

but not

justiciable

Justiciable

right

Education

policy and

planning

Provincial

Legislative

List

Provincial

Legislative

List

Provincial

Legislative

List

Concurrent

Legislative

List

Provincial

subject

Curriculum Provincial

Legislative

List

Provincial

Legislative

List

Provincial

Legislative

List

Concurrent

Legislative

List

Provincial

subject

Standards in

higher

education

Provincial

Legislative

List

Provincial

Legislative

List

Provincial

Legislative

List

Concurrent

Legislative

List

Federal List

Part II

Source:Report of Syndicate 4 (9thSMC), National Management College cited in Jamy

et al. 2012

The dissolution of the Ministry of Education in 2011 was soon followed by the creation of

the Ministry of Education and Training. The new Ministry was responsible for, inter alia,

establishing and managing educational institutions within federal territories, international

conventions and agreements regarding, education, achievement of the Millennium

Development Goals (MDG), and technical and vocational training.

At the time of its dissolution, the Ministry of Education administered 17 subordinate

organisations, two attached departments, six autonomous organisations and 14 chairs in

foreign universities. An examination of the functions and departments assigned to various

Ministries and devolved to provinces is interesting. It shows that the new Ministry is almost

as large as its predecessor, as only four departments/organisations have been devolved. The


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Prevention of extension of contagious and infectious diseases from one provinceto another

Mental illness and mental retardationOver the years, the Ministry of Health launched several vertical programs, which further

extended Federal Governments outreach in primary and tertiary healthcare.

Abolition of the Concurrent List brought the above-mentioned subjects under the exclusive

purview of provincial governments. Further, the inclusion in the Federal List Part II of

regulatory authorities, established under a federal law the planning and coordination of

scientific and technical research, and legal, medical and other professions enhanced

provincial responsibility. This was because these subjects were now under shared

responsibility of the federation and provinces.

At the time of its dissolution, the Ministry of Health was responsible for performing 15

functions and administered 22 attached departments/organisations. Appendix C provides the

post-Amendment status of these functions and departments/organisations after the Ministrys

dissolution in 2011. A summary is presented below. The Federal Government also

transferred vertical program and provided Rs 15 billion to the provinces for managing these

programs (Jamy et al. 2012).

Functions:

Assigned to other Ministries 12


Departments/organisations:

Wound up or merged 03

Assigned to other Ministries 15



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From the above data, it is evident that only 1/5th

functions and about 1/3rd federal

departments were actually devolved to the provinces (or wound up). It is noteworthy that the

dissolved Ministry of Health did not reappear as another Ministry like the Ministries of

Agriculture and Education. Its functions and departments were, therefore, spread more

widely. Considering the national importance of health, Pakistans international commitments

and the existence of several health-related entries in the Federal List Part II, the need to

establish an institutional hub in the Federal Government for all health-related functions has

been suggested by several commentators (e.g. Nishtar 2011).

Conclusion

From the above discussion it is clear that the 18th

Amendment was a milestone in the

constitutional history of Pakistan. It not only restored the parliamentary character of theConstitution by returning to the Prime Minister his Cabinet functions and powers that had

been usurped by military Presidents (over the past four decades), but also made important

contributions in enhancing fundamental rights, strengthening institutions and specifying

procedure for the appointment of judges. Although, appointment of the judges became

controversial immediately after the Amendment was passed and the procedure had to be

partially modified in line with directions from the Supreme Court, it was a milestone in

settling (at least for the time being) the contentious issue of appointments in superior

judiciary. Its most important contribution, however, was to strengthen the provinces in the

federation by abolishing the Concurrent Legislative List, enlarging the Federal List Part II,

strengthening the CCI, reducing the powers of provincial Governors and enhancing powers

of the Senate. Devolution of functions to the provinces and giving them greater role in

running federal affairs was indeed a major step in correcting the historical imbalance in

federal-provincial relations. It is remarkable that the Parliamentary Panel constituted to draft

the Amendment was able to develop a political consensus on such a wide range of

constitutional issues and get it through the Parliament unanimously.

Implementation, however, proved problematic. Federal Ministries identified for dissolution

went back to the Implementation Committee and made a case for their re-embodiment under

a different title or at least the assignment of most of their functions to other Ministries in the

Federal Government. These efforts were largely successful and eventually less than 1/3rd

functions and departments of dissolved Ministries were actually devolved to the provinces

(Section 5). An examination of the reassigned functions of the dissolved Ministries showed


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Appendix A (p1 of 4)



Summary of Major Changes Brought About by the 18th Amendment

Changes to the Constitution brought about by the 18th

Amendment can be grouped in the

following five categories: 1) restoration of parliamentary form of government; 2)

strengthening key institutions; 3) appointment of judges; 4) federation-provinces relations;

and 5) miscellaneous. A summary of changes in each group is presented below.

1) Restoration of the Parliamentary Form of Government The presidents powers were substantially reduced. All Musharraf-specific

provisions were deleted. The presidents powers to dissolve Assemblies or to refer

a question to a Referendum were abolished. The president was to appoint

Governors and other key personnel on the binding advice of the Prime Minister.

Similar to the reduction in the powers of the President, powers of provincialGovernors were also curtailed.

Executive authority in the Federation was to be vested in the Prime Minister,rather than the President. Rules of Business were also to be framed by the Federal

Government.

Sixth and Seventh Schedules were deleted. Sixth Schedule listed laws that couldbe amended only after prior approval by the President and Seventh Schedule

listed laws whose amendment required the same procedure as was required for

amending the Constitution.


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4) Federation-Provinces Relations Emergency in a province was to be imposed only with the consent of the

concerned provincial assembly.

The Concurrent Legislative List was abolished. Thus all items included therein,except the ones shifted to the Federal List, were transferred to the provinces.

Several items were shifted from the Federal List Part I and the Concurrent List toFederal List Part II, thereby making these items subject to shared federal-

provincial responsibility in the Council of Common Interests.

Share in net proceeds of royalty on crude oil and net proceeds of developmentsurcharge on natural gas was to be given to the provinces.

Sales tax on services was devolved to the provinces.5) Miscellaneous

NWFP was renamed as KPK. The definition of high treason was expanded to include an act of suspending the

Constitution or holding it in abeyance.

Three new fundamental rights were created. These were: 1) right to fair trial; 2)right to information; and 3) right to education.


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Article 17 was amended to do away with intra-party elections on the grounds thatthese were already provided in the Political Parties Act of 1962.

Life time bar on holding political office in case of conviction by a court wasremoved and limit of 5 years from the date of release from jail was reintroduced.

The restriction that a person could not hold the office of the Prime Minister or theChief Minister for more than two terms was removed.

Size of the cabinet was specified as 11% of the total membership or 49,whichever was higher. Similar restrictions were imposed for provincial cabinets.

Provisions were made and procedure was specified for appointment of a caretakergovernment upon the expiry of the term of a government.

Source: Authors Own Work


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Appendix B (p1 of 5)



Status of Functions and Departments of Erstwhile Ministry of Food and Agriculture

Functions

No. FunctionDeleted/ assigned/

devolved

1 Sugar Board Deleted

2Socio-economic studies for framing agricultural research

policiesDeleted

3 Economic Coordination and planning in respect of foodMinistry of National Food

Security and Research

4Economic Planning and policy-making in respect of

agriculture

Planning and Development

Division

5

Procurement of food grains, including import of sugar for

federal requirement; inter-provincial supplies; and for

export and storage at ports

Ministry of Commerce

6 Import and export control on food grains and foodstuffs

Ministry of National Food


7

Inspection, grading analysis of food grains and foodstuffs

and maintenance of standards of quality for import and

export

Ministry of Commerce

8

Plant protection:- (a) standardisation and import of

pesticides; (b) aerial spray; (c) plant quarantine; and (d)

locust control in its international aspect and maintenance

of locust warning organisations



9Grading of agricultural commodities other than food

grains, for exportsMinistry of Commerce

10Standardisation and import of fertilizers for meeting

Provincial requirements



11Administrative control of the Pakistan Agricultural

Storage and Services Corporation (PASSCO)




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12Keeping watch over the food supplies (including storage)

position in the country



13 Collection of statistics on agricultural research. Federal Bureau of Statistics

14 Collection and compilation of agricultural statistics Federal Bureau of Statistics

15Collection of statistics regarding production, consumption,

prices, imports and exports of food grains



16Preparation of basic plan for bulk allocation of food grains

and food-stuffs



17

Price stabilisation by fixing procurement and issue prices

including keeping a watch over the price of food grains

and foodstuffs imported from abroad or required for export

and those required for inter-Provincial supplies



18Food and Agriculture Organisation of the United Nations

in respect of food



19Coordination of work relating to aid/assistance being

received from aid-giving agencies in respect of food sector



20Food and Agriculture Organisation of the United Nations

in respect of agriculture



21

Coordination of work relating to aid/assistance being

received from aid-giving agencies in respect of agriculture

sector



22

Coordination of aid/assistance from international aid-

giving agencies and FAO in respect of agricultural

research, including manpower training for research



23Agricultural Research Council: Agricultural commodities

research




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24Seed testing and seed certification Ministry of National Food

Security and Research25

Agricultural commodities research; Federal Agricultural

Research Organisations.



26Research for the introduction of improved germ plasma

both of plant and animal origin.



27

Inter-provincial coordination and coordination between the

centre and the provinces in respect of agricultural research,including training of high level agriculture scientists.



28

Administrative control of Pakistan Central Cotton

Committee with participation and inputs of Textile

Industry Division

Ministry of Textile

Industry

29 Economic Studies for framing agriculture policy Devolved

30Farm management research for planning project

formulation and evaluationDevolved

31 Crops forecast and estimation; crop insurance Devolved32 Marketing intelligence Devolved

33Agricultural commodity research (marketing research and

laboratory research for laying down national grades)Devolved

34Soil survey, comprehensive inventory of the soil resources

of the country and their proper utilisationDevolved

35 Introduction of special crops like jute, tea, olive etc. Devolved

36 Standardisation of agricultural machinery Devolved

37

Under-developed Areas including: identification of under-developed areas; and the fields in which an area is under-

developed; and measures necessary to remove the causes

of under-development in different areas.

Devolved


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10 Pakistan Agricultural Research Council

Assigned to the Ministry of

National Food Security and

Research

11 Pakistan Central Cotton Committee, MultanAssigned to the Ministry of

Textile Industry

12 Soil Survey of Pakistan, LahoreDevolved to the

Government of Punjab



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Appendix C (p1 of 3)



Status of Functions and Departments of Erstwhile Ministry of Health Functions

Sr.

No.Functions

Deleted/ devolved/

assigned

1 National Planning and Coordination in the field of HealthPlanning and

Developmrnt Division

2

Dealings and agreements with other countries and international

organisations in the fields of health, drug and medical facilities

abroad

Economic Affairs

Division

3

International aspects of medical facilities and public health:

International Health Regulations: Port health; health and medical

facilities abroad

Devolved

4Scholarships/fellowships, training courses in health from

international Agencies such W.H.O. and UNICEF

Economic Affairs

Division

5Medical, nursing, dental, pharmaceutical, paramedical and allied

subjects

Devolved, except to the

extent of Federal Areas

6

Maintenance of educational standards education abroad andeducational facilities for backward areas and for foreign

nationals, except the nomination of candidates form Federally

Administration Tribal Areas for admission to Medical College

IPC Division

7Standardisation and manufacture of biological and

pharmaceutical products

Drug Regulatory

Authority

8 Vital Health StatisticsFederal Bureau of

Statistics

9 Medical and health services for Federal Government employees CADD

10 National Associations in medical and allied field such as the RedCrescent Society and T.B. Association

IPC Division

11Red Crescent Society and T.B. Association. Red Crescent Society

and T.B.

Red Crescent Society

and TB Association


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Appendix C (p3 of 3)



16 National Institute of Child Health, Karachi Government of Sindh

17 Directorate of Central Health Establishment, Karachi IPC Division

18 National Institute of Cardiovascular Diseases, Karachi Government of Sindh

19 Sheikh Khalifa Bin Zaid Hospital, QuettaGovernment of

Balochistan

20 Tobacco Control Cell N/A

21 Vertical Programmes To Provinces

22 National Health Emergency Preparedness and Response Network Cabinet Division

CADD: Capital Admisnistration and Development Division

IPC : Inter Provincial Coordination Division



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List of References:

Bakhshi, Tariq Viqar, Ijaz Hussain, Asim Ahmad, Gul Baig and Aamir Zamir, Committee on

Transfer of Federal Agriculture Offices and Organizations and Other Functions of MINFA to

the Provinces of Khyber Pakhtunkhaw and Sindh, (Lahore: National School of Public Policy,

2012).

Hamid, Shahid. ,Impact of the 18th Amendment on Federation-Provinces Relations,

(Islamabad: Pakistan Institute of Legislative Development (PILDAT), 2010).

Hussain, Akhlaq ,An Overview of Seed Industry, (Islamabad: FSC&RD, Government of

Pakistan, 2004).

Hussain, Akhlaq and Tassawar Hussain. Seed Industry of Pakistan (Islamabad: Federal Seed

Certification and Registration Department, 2007) p.102.

Jamy, Hassan Nasir, Jawad Paul, Ehsan Bajwa, Abdullah Sumbal, Shahid Zaman, Naveed

Saleh Siddique, Mohsan Atta and Qamar Mustafa Shah, Strategic Appraisal of 18th

Amendment: Federal/Provincial Roles and Impact on Service Delivery, (Lahore: National

School of Public Policy 2012).

Levinson, Sanford V, Responding to Imperfection: The Theory and Practice of Constitutional

Amendment, (Princeton, NJ: Princeton University Press, 1995).

Nishtar, Sania, Health and the 18th Amendment: Retaining national functions in devolution,

(Islamabad: Heartfile, 1995).

Rabbani, Mian Raza, A Biography of Pakistani Federalism: Unity in Diversity, (Islamabad:

Leo Books, 2011).

Rizvi, Syed Shabbar Raza, Constitutional Law of Pakistan: Text, Case Law and Analytical

Commentary, (Lahore: Vanguard, 2002).

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