Federalism and constituents' participation

Introduction

Federalism allows unity with diversity. Pakistan, with its distinct provinces, languages and cultures, adopted federalism in all its constitutions. Its federal history has been marked by tension between a strong centre and demands for provincial autonomy, which contributed to the separation of East Pakistan in 1971 and led to the 18th Amendment in 2010.

Features of a federation

• Two or more levels of government with constitutionally divided powers.
• A written, rigid constitution.
• An independent judiciary to settle disputes between levels.
• A bicameral legislature with an upper house representing the units.
• Financial arrangements for sharing revenue.

How the provinces participate

• Senate: equal representation for each province, regardless of population.
• Council of Common Interests (Articles 153–154): chaired by the Prime Minister, with the four chief ministers and three federal members; formulates and regulates policy on matters in Part II of the Federal Legislative List (such as railways, electricity, oil and gas, and industrial development) and must meet at least once every 90 days.
• National Economic Council (Article 156): includes chief ministers and provincial members; approves national development plans.
• National Finance Commission (Article 160): shares federal revenues; a new award's provincial share cannot be less than the previous one.
• Article 161: net proceeds of the federal excise duty on natural gas and net profits from hydroelectric stations go to the province where they are produced.
• Article 172(3): mineral oil and natural gas within a province are jointly and equally owned by the province and the federal government.
• Article 157: the federal government must consult the provincial government before building a hydroelectric station in a province.
• Provincial representation in federal services through regional quotas.

Challenges to Pakistan's federalism

• Centralizing tendencies, especially under military rule.
• Disputes over water (the 1991 Water Apportionment Accord), resource royalties and the NFC award.
• Population-based distribution favours Punjab, while smaller provinces seek other criteria.
• Infrequent CCI meetings and delayed NFC awards (the 7th NFC Award of 2010 has been extended for many years).
• Grievances in Balochistan over resources and development.

Conclusion

Federalism in Pakistan works best when the provinces have a genuine voice in national decisions. Strengthening the CCI, honouring constitutional safeguards and agreeing fair revenue-sharing are key to national cohesion.