ZAFARULLAH KHANWWW.CIVICEDUCATION.ORG

Reclamation of federal democracy through 18th Amendment:

Lessons Learnt and Way Forward

Understanding devolution?

Decentralization (assigned) versus Devolution (allocated could only be changed through 2/3 majority)

Principle of subsidiarity (Nearest tier is the best service provider). Logic for vibrant Local government.

Vertical: Federal [Defence and Debt establishment], provincial [space for politics], local/district [political or administrative proxies]

Pakistani experience: Centralized GRIPHorizontal: ‘Trias Politica’ [separation of power

Legislature (vision, frame-work), Executive (implementation), Judiciary (interpretation, adjudication)]

Pakistani experience: Distorted institutional spaces.Indigenized politics amid colonial steal frames

Federal Democratic Pyramid

Federal

Provincial

Local

What we have is an ‘Inverted Pyramid’

FederalProvinci

alLocal

Quest for provincial autonomy

Since 1947 Pakistani politics was around the Question of Provincial Autonomy. Partitions (1947) and Dismemberment (1971) on denial of autonomy.

Political Struggles/Documents authored in the idiom of autonomy: [21-points of Jugtoo Front, Six points, MRD Declaration, Charter of Democracy all authored in idiom of Provincial Autonomy]

‘A user manual of statecraft’. Lawyer’s Constitution: Legalistic solutions to primarily political questions (Circumvented, convenient, colored versus consensus)

When the Constitution is suspended our Fundamental Rights are suspended

The chain process

Red Card:Country at conflict since 1947, covert war since 1979, overt

war since 2001. Disequilibrium in civil-military relations, divided and weak politics [ethnic, religious/sectarian]

Green Card:Prelude: Charter of Democracy [May 2006]Election 2008: sustained consensus despite oddsDemocratic rapprochement: 7th NFC, Aghaaz-e-Haqooq

Balochistan, Parliamentary Committee on National Security etc.

Cleaning the Constitution: Parliamentary Committee on Constitutional Reforms

Operationalizing reforms: Implementation Commission

New Constitutional software

Indigenous/home grown legislative, administrative and fiscal reforms with political consensus.

Re-written Federal-provincial pact (politics in the idiom of provincial autonomy), expanded fundamental rights.

Paradigm of Institutional power: the Parliament repository of power. (CCI, NEC, NFC, Committees to appoint judges, Election Commission of Pakistan, Caretakers, NCSW, NCHR). Referendum question in Joint Sitting.

Proactive provinces/autonomy: Provincial role in Emergency, Governor to be from the Province, 140-A Local Government by provinces with minimum bench marks. Joint and equal ownership in natural resources, protected share in National Finance Commission.

Cooperative Federalism: Metaphor of ‘joint family’ instead of ‘divorce.’ Federalize institutions to nurture federal culture.

Chance for cooperative federalism

Abolition of Concurrent list (Structural/institutional changes, financial obligations, political consequences). Possibilities for better governance architecture, equality/equity via multi-factor PFC

International obligations and indigenous compliance Articles 141-174 (Constitution) deal with relation between

federation and provinces. There were seventeen (17) amendments

Concept of Residual powers (142-c)Federal List-II (Shared responsibility) Entry 13: Inter-

provincial coordination and mattersCouncil of Common Interests, National Economic Council,

National Finance Commission monitoring.

Functionality of CCI

Zulfiqar Ali Bhutto

Gen. Ziaul Haq

Benazir Bhutto

Nawaz Sharif

Moeen Qureshi

Benazir Bhutto

Nawaz Sharif

Pervez Musharaf

Shaukat Aziz Yousaf Raza Gillani

Pervaiz Ashraf

Nawaz Sharif

3

0 0

3

1

0

3

0

1

8

3

4

Number of CCI MeetingsNumber of CCI Meetings

Informal communication link

Constitutional reportsS. no Report Periodicity The Senate of

PakistanThe National Assembly of Pakistan

Provincial Assemblies

1 Principles of Policy Article 29 (3)

Annual Yes(After the 18th Amendment)

Yes Yes, every province its’ own report

2 Council of Common Interests Article 153 (4)

Annual Yes(After the 18th Amendment)

Yes(After the 18th Amendment)

No

3 National Economic CouncilArticle 156 (5)

Annual Yes(After the 18th Amendment)

Yes(After the 18th Amendment)

 

4 National Finance CommissionArticle 160 (3B)

Bi-annual Yes(After the 18th Amendment)

Yes(After the 18th Amendment)

Yes(After the 18th Amendment)Provincial report?

5 Auditor GeneralArticle 171

Annual Yes(After the 18th Amendment)

Yes Yes, every province its’ own report

Compliance!

CCI Report NEC Report NFC Report Principles of Policy

Last report of 2012-13 laid on June 6, 2014

Last report of 2012-13 laid on Aug. 12, 2014

Last report of July-Dec. 2012 laid on May 7, 2014

Last Report of 2011-12 laid on Aug. 12, 2014

Last reports:2011-122010-11

Last reports2010-11

Since July-Dec. 2010 (four reports)

Combined report of 2008-09 and 2009-10

No discussion in the Senate and the National Assembly

No discussion in the Senate and the National Assembly

No discussion in the Senate and the National Assembly

No discussion in the Senate and the National Assembly

Responsible: CCI secretariat: Ministry of IPC has to prepare

Responsible: NEC Secretariat: Cabinet Division

Responsible:Finance Ministry

Responsible:Cabinet Division

Policy: Education

Contested devolutionCreation of Federal Ministry (an issue with CCI)National Curriculum Council?According to Economic Survey of Pakistan 2013-14In rural Pakistan 74 percent attend public schools, 26

percent private schools including MadrasahIn Urban Pakistan 41 percent go to public and 59 percent to

private schools including MadrasahOut of 156 Degree Awarding Institutions/Universities 87

[55.76 %] are public and 69 [44.23 %] are private.

It is time to re-think EDUCATIONAL GOVERNANCE in Pakistan CREATE FEDERAL CULTURE AND MINDSET

Province/Area RTE Legislation Passed Enacted

Federal Capital

The Right to Free and Compulsory Education Act-2012

Dec. 19, 2012 Dec. 24, 2012

Balochistan

1. The Compulsory Education in the province of Balochistan Act-2014

2. The Balochistan Introduction of mother languages as compulsory additional subject at Primary level Act-2014

Jan. 28, 2014  Jan. 25, 2014

Feb. 4, 2014  Feb. 3, 2014

Khyber-Pakhtunkhwa

The Khyber Pakhtunkhwa Supervision of Curricula, Text Board and Maintenance of Standards of Education Act, 2011

   

Punjab 1. The Punjab Curriculum Authority Act-2012 [In September 2014 it has been merged with Punjab Text Book Board]

2. The Punjab Free and Compulsory Education Ordinance 2014

3. HEC

June 21, 2012 Ordinance promulgated on May 13, 2014. Introduced in the Provincial Assembly on May 16.

  The Ordinance’s legal life is 120-day 

Sindh The Sindh Right of Children to Free and Compulsory Education Act, 2013Sindh Higher Education Commission

Feb. 13, 2013 March 6, 2013

April 28, 2014

National Security

Purse/Revenues

Sindh Revenue Board-2010Punjab Revenue Authority-2012Khyber-Pakhtunkhwa Revenue Authority-2013Provincial powers to raise loans within prescribed

limits by the National Economic CouncilPublic Debt and Fiscal Responsibility laws?Resource distribution (7th NFC, Control over

natural resources, GST on Services, duties in respect of succession to property, estate duty in respect of property, Capital gains, powers to raise loans etc.)

Scenarios within constitutional path

Trust the provinces (transfer, transition, transformation)

Special Committee of the Senate, Standing Committee of CCI, PM’s special committee

Constitutional Amendments (2/3 can bring change)Facilitate transition (Cost of devolution, hand-

holding etc.) with better inter-governmental relations, communication and Cooperation

Create Federal culture and mindset. Federal filters for policy and planning and establishment of federal institutions instead of the institutions of the federal government.

Future governance challenges?

First time provinces controlled by different parties. The Senate dominated by the Opposition till March 2015

Pending Population Census since 2008. [Redistribution of economic, political wealth and demand for new provinces]

The 8th NFC due in 2015 [Negotiations to start in 2014]. Especially for HEC, Vertical Programs health

Amending Article 27 (Quota system) since Aug. 2013Functionality of federal forums like: the CCI and the

NECFunctional Local Government: November 2014 deadlineCompatibility of ‘centralized bureaucracy’ with

‘devolved governance. Pending agenda of Civil Services Reforms.

Final question?

Where are the proactive provinces that were yearning

for autonomy?