CSS 2023 Special Solved Pakistan Affairs Past Papers | 18th Amendment and the Provincial Autonomy
The following question of CSS Pakistan Affairs 2023 Special is solved by Miss Bushra Arooj, Pakistan’s Best Pakistan Affairs Coach, on the guided pattern of Sir Syed Kazim Ali, which he taught to his students, scoring the highest marks in compulsory subjects for years. This solved past paper question is uploaded to help aspirants understand how to crack a topic or question, how to write relevantly, what coherence is, and how to include and connect ideas, opinions, and suggestions to score the maximum.
Question Breakdown
In this question, the examiner has asked you one leading thing about your opinion on the prevailing debate about whether some of the subjects handed over to the provinces in the 18th Amendment should be handed over back to the centre. However, the following answer refutes the statement that the subjects should transfer back to the centre. So, first, you need to briefly introduce your stance and leading arguments in favour of your opinion. Then, write your answer by splitting them into parts: first, about the subjects that should not be handed over back to the centre, and second, why these subjects should not be handed over back to the centre from the provinces. Finally, end your answer with a critical analysis and conclusion. Remember, the following solved question provides a comprehensive answer covering all the main aspects. However, as far as the answer in the paper is concerned, limit yourself to 3 or 4 leading arguments against each part of the question.
Outline
1- Introduction
2- Historical Background of the Deletion of the Concurrent Legislative List under the 18th Amendment and the Devolution of the Ministries from the Center to the Provinces
3- What Subjects Should Not Be Handed Over Back to the Centre?
- ✓Education, Environment, Crime Prevention, Health Care, Population Management, Formulation Of National Policy, and Drug Control.
4- Why Should These Subjects Not Be Handed Over Back to the Centre from the Provinces?
- ✓Reversing The Devolution may Erode Trust between the Center and the Federating Units, Provoke Political Unrest, Inter-Provincial and Center-Provinces Tensions, and Security Issues
- ✓Case in Point: The government of Sri Lanka attempted to roll back the devolved powers from the Northern Provincial Council after the civil war provoked political unrest in the country
- ✓The Policy Formulation at the Provincial Level Helps Tailor the Policy to Local Conditions
- ✓Case in Point: In Canada, the policy formulation at the provincial level has enabled provinces like Quebec to address local interests better
- ✓The Provincial Government is More in Tune with the Healthcare Needs of the Locals
- ✓Case in Point: In Canada, the Healthcare Services under the Provincial Government of Ontario have Developed Robust Healthcare Systems with Efficient Service Delivery.
- ✓Provincial Control Allows a More Pragmatic Approach toward Dealing with Environmental Issues and Mitigating the Implications of Natural Disasters
- ✓Case in Point: United States, the state of California, a Global Leader in Environmental Protection, has Exceeded the Federal Requirements In Complying with International Environmental Standards
- ✓Provincial Control Helps in Reducing the Uneven Educational Standards at the Grass-Root Level
- ✓Case in Point: In Canada, the State Of Alberta is Recognized for its Outstanding Educational Standards and Outcomes
- ✓The Provincial Governments are Aware of the Certain Responses of the Population under Their Jurisdiction, So may Excel more Efficiently in Achieving the Goals of Population Control
- ✓Case in Point: In India, the Population Control Policies and Family Planning Initiatives of Kerala and Tamil Nadu Proved More Effective Than the Central Government
- ✓The Local Governments can Promptly Take Measures to Address the Crime and Drug-Related Issues Affecting the Area under their Jurisdiction
- ✓Case in Point: United States: New York by ‘Broken Windows’ Policing had Successfully Reduced Crime More Effectively than Wider Federal Approaches in the 1990s and 2000.
5- Ways Forward to Balance the Provincial Autonomy
6- Critical Analysis
7- Conclusion
Answer to the Question
Introduction
From transitioning Pakistan to a purely parliamentary system to turning the country into a federation, the ’18th Amendment’ in the Constitution of 1973 is considered a landmark in its constitutional history. It has enriched provincial autonomy by devolving significant power to the provinces. Opinions are circulating in the political sphere about reversing the transfer of subjects, such as health, security, fiscal resource allocation, and education back to the central government. According to Zahid Hussain, an accomplished journalist and correspondent for the Times of London, it is certainly not possible to undo the amendment passed by parliament with a striking majority. However, it could only be repealed through extrajudicial means. There is no evidence of any move to impose presidential rule. Any such adventurism would be disastrous not only for the future of democracy but also for the country. Agreeing with these opinions cannot be a realistic choice. Even though the 18th Amendment is not a panacea for all the problems the country has faced as a diverse federation, it marks a significant step towards a more decentralized and democratic Pakistan. There are many reasons why the devolved subjects should not be handed over to the centre again. First, it has significantly contributed to addressing the long-term grievances related to equitable political and economic share in a federation by enriching provincial autonomy. Second, the policy formulation at the provincial level helps tailor the policy to local conditions. Third, it promotes effective service delivery because local authorities better know the local requirements and can respond more quickly to the needs of the people. Last, it marks a significant step toward improving fiscal federalism by restructuring the devisable pool of the National Finance Commission, which can help to ensure equitable resource share between the federating units. To deal with the potential drawbacks of the amendment, the government must adopt precautionary measures instead of complete reversal.
Historical Background of the Deletion of the Concurrent Legislative List under the 18th Amendment and Transfer of the Subjects
The Constitution Act of 2010 (18th Amendment) has removed the concurrent legislative list from the fourth schedule of the Constitution of 1973. Earlier, the list contained 47 subjects on which the federal and provincial governments could legislate. The subjects contained neither in the Federal nor the Concurrent Legislative List were residuary; however, the provinces could legislate on those subjects. The deletion of this list has enriched the provincial autonomy. It gave provincial assemblies extensive powers to enact laws that did not appear in the Federal lists. First, Article 142 (b) has provided jurisdiction to the provinces to legislate on matters related to criminal law, criminal procedure, and the law of evidence. Second, the amended Article 142 (a) has provided power to Majlis-e-Shora the power to legislate on the subjects contained in the Federal list. As a consequence, a large number of subjects are now exclusively administered under the provincial governments. The following ministries have devolved under the Constitutional Act 2010 (18th Amendment). The following diagram explains the ministries that have been devolved under the Constitutional Act of 2010.
What the Subjects Should Not Be Handed Over Back to the Centre?
There is an ongoing debate among analysts about the lack of capacity of the provinces to manage the above subjects, such as education, environment, crime prevention, health care, population management, formulation of national policy, and drug control. According to Zahid Hussain, an accomplished journalist and correspondent for the Times of London, there may be some issues related to security and finances, but greater autonomy strengthens the state rather than weakening it. In addition, it is certainly not possible to undo the amendment passed by parliament with a striking majority.
Why Should the Subjects Not Be Handed Over Back to the Centre from the Provinces?
- ✓Reversing The Devolution may Erode Trust between the Center and the Federating Units, Provoke Political Unrest, Inter-Provincial and Center-Provinces Tensions, and Security Issues
Reversing the devolution made by the amendment may erode trust between the centre and the federating units and provoke political unrest. For example, the government of Sri Lanka attempted to roll back the devolved powers from the Tamil-dominated Northern Provincial Council after the civil war provoked political unrest. In the Case of Pakistan, the trust deficit between the centre and the provinces has already given unprecedented shocks to the country and undermined its security. It caused erosion of the state authority and subversion of laws on the part of provinces. In addition, the political unrest contributes to security issues at the domestic and external levels. The following subjects should not handed over back to the center.
- ✓The Policy Formulation at the Provincial Level Helps Tailor the Policy to Local Conditions
Generally, the policy formulation at the provincial level helps tailor the policy to local conditions. For example, in Canada, policy formulation at the provincial level has enabled Quebec to adopt policies that reflect its unique French-speaking culture and better address local interests. The central authority may lag while taking reforms or policy formulation that targets the local population at the grassroots level. In contrast, the provincial governments, with the help of local governing bodies, can access information about the needs of locals at the grassroots level. In this way, the country can better tailor the policy to local conditions.
- ✓The Provincial Government is More in Tune with the Healthcare Needs of the Locals
Because the provincial government is more in tune with the healthcare needs of the locals. That is why they can make more targeted decisions for local needs. For example, In Canada, the Healthcare Services under the Provincial Government of Ontario have Developed Robust Healthcare Systems with Efficient Service Delivery. The marginalized and backward areas need more attention and aid for healthcare. The poor population affected by hazardous diseases doesn’t get healthcare services due to fiscal constraints. In addition, people living in backward areas are more prone to infections because of the poor living standards. Hence, local governments can help efficiently to provide healthcare services to needy people.
- ✓Provincial Control Allows a More Pragmatic Approach toward Dealing with Environmental Issues and Mitigating the Implications of Natural Disasters
Further, provincial control allows for a more pragmatic approach to environmental management. However, provincial governments can help better in mitigating the implications of natural disasters by making prompt decisions. For example, the United States, the state of California, a global leader in environmental protection, has exceeded the federal requirements in complying with international environmental standards. The universities, institutions, private initiatives, and individual campaigns are already working to ensure environmental protection. The provincial governments can directly link these initiatives with the state-level decisions. It will automatically improve the capacity and efficacy of the initiatives.
- ✓Provincial Control Helps in Reducing the Uneven Educational Standards at the Grass-Root Level
Additionally, provincial control over the Ministry of Education can help abate the uneven educational standards by affecting the reforms at the grassroots level. The prospects of better performance under the provincial governments seem obtainable. For example, in Canada, the state of Alberta is recognized for its educational standards and outcomes. However, in the case of Pakistan, funds are required for adequate capacity building to implement the plans.
- ✓The Provincial Governments are Aware of the Certain Responses of the Population under Their Jurisdiction, So may Excel more Efficiently in Achieving the Goals of Population Control
The provincial governments are mindful of the cultural sensitivity of the areas of their jurisdiction, so they can excel more efficiently in achieving the population control goals. For example, in India, the states of Kerala and Tamil Nadu have been appreciated for their population control and family planning initiatives. So, the striking example is a testimony that states can excel better than centres in managing the local population. The factor behind the success is that the programs are designed while keeping in view the cultural sensitivity of the targeted areas.
- ✓The Local Governments can Promptly Take Measures to Address the Crime and Drug-Related Issues Affecting the Area under their Jurisdiction
Last but not least, the local governments, with the assistance of the provincial government, can promptly take measures to address the crime and drug-related issues affecting the area under their jurisdiction. For example, New York ‘Broken Windows’ policing had successfully reduced crime more effectively than wider federal approaches in the 1990s and 2000.
Ways Forward to Balance the Provincial Autonomy
Following recommendations can help in eliminating the provincial issues that are creating hurdles in the way of managing these subjects. For example, the center must coordinate for capacity building of the provinces, equipping the provinces to meet the needs of enforcing the policy and allocating resources for infrastructural and expertise development. However, these steps has the potential to strengthen the provincial governance. Nonetheless, this approach also equips the provinces to bring the expected positive results.
Critical Analysis
The sceptics’ criticism of the transfer of these subjects under the 18th Amendment and their desire that they should be handed over back to the centre is not baseless. But instead of reversing the devolution of power, the centre and the provinces can coordinate to achieve long-term benefits. In a multi-ethnic country, federalism is the best-suited system to strengthen national unity. For the successful functioning of the federal state, the devolution of power is indispensable. In a robust analysis, reverting a constitutional amendment passed by the National Assembly with the majority of the political parties would not be a wise step. The reason is that the Act has addressed the long-standing issue of provincial autonomy in a significant way. However, the concerns regarding the repercussions of the Act are not baseless. To achieve desired results while managing these subjects, provinces must be equipped to manage this responsibility. The cases of Canada (Ontario), India (Kerala), and the United States (New York) are the pieces of evidence where federal countries devolve these subjects to their units and surprisingly get better results. Hence, learning from these countries and adopting an approach for capacity building of the provinces has the potential to bring long-term benefits to the country.
Conclusion
The Constitutional Act of 2010 (18th Amendment) in the Constitution of 1973, passed by the National Assembly of Pakistan on April 8, 2010, is considered a landmark in the constitutional history of the country. However, it has transitioned the country from a semi-presidential to a purely parliamentary system. There is an ongoing debate among analysts about reversing the transfer of some subjects, such as education, environment, crime prevention, health care, population management, formulation of national policy, and drug control back to the central government. The reason for this debate is that the provinces lack the required capacity to manage these subjects. But instead of reverting to the devolution made under the Act, the centre and the provinces should coordinate to achieve long-term benefits. To conclude, the transfer of these subjects should be reverted because it marks a significant step toward achieving the long-standing issue of provincial autonomy. In addition, it also marked a step towards the implementation of federalism in its true sense.
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