CSS 2011 Solved Pakistan Affairs Past Papers | Federalism and the Analysis of the 18th Amendment
The following question of CSS Pakistan Affairs 2011 is solved by Miss Iqra Ali, the 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 to take a position on the given stance, which states that will the 18th Amendment solve this issue once and for all? Then, support your position with arguments. Start with an introduction that will include all the leading points of your answer. Then, take the position on the stance and support it with valid arguments. Last, conclude your answer.
Outline
1-Introduction
2-Historical Background of the Conflicts Related to Federalism in Pakistan
3-Why the 18th Amendment Made in the Constitution of 1973 Can’t Solve the Issues Related to Federalism Once and for All?
- ✓ Implementation Gaps, Bureaucratic Resistance, Capacity Constraints, and Establishment of Parallel Ministries at the Federal Level Inhibit the Process of Devolution of Power
- Supporting Argument: Despite the Devolution of Ministries under the 18th Amendment, Provinces Still Struggle to Exercise Full Control over Devolved Subjects due to Implementation Gaps, Bureaucratic Resistance, and Capacity Constraints.
- ✓ Financial Constraints and Irregularities In the Timely Convening of the NFC Award May Disrupt the Equitable Distribution of Resources
- Supporting Argument: Although The 18th Amendment Made It Mandatory for the President to Constitute The Award Under Article 160(1) of the Constitution of 1973 Every Five Years, The Irregularity in the National Finance Commission Award May Aggravate Conflicted Fiscal Federalism.
- ✓ Federalism Requires Integrated Federating Units, and Political Polarization Weakens the National Integration
- Supporting Argument: Dependency of Provinces on the Central Government, Political Polarization, and Calls of Re-Centralization Can Create Hurdles in the Implementation of Federalism
4-Critical Analysis
5-Conclusion
Answer to the Question
Introduction
In a multi-ethnic state, federalism is the best-suited form of governance because it facilitates the distribution of power among the state’s diverse units. These ethnically diverse units usually process unique attributes, and a unique pattern is required to govern them. So, federalism enables the federating units to exercise the required power for self-governance under the federal center. In the case of Pakistan, although the country has adopted federalism from its establishment but faced several hurdles in the operationalization of federalism in its true sense. The Constitutional Amendment of 2010, the 18th Amendment in the Constitution of 1973, is a significant step towards federalism in Pakistan as it granted considerable provincial autonomy to the federating units. However, it is unlikely to solve the issue once and for all because challenges like political polarization, financial disparities between the provinces, and implementation gaps still persist. To conclude, these issues can reignite the political tensions inhibiting the process of operationalization of federalism in its true sense.
Historical Background of the Conflicts Related to Federalism in Pakistan
Before partition, ‘The Government of India Act-1935’ provided a federal structure for united India with a strong center and constricted provincial autonomy. After independence, Pakistan became a federal parliamentary republic, and all its constitutions provided for a federal system. However, the lack of geographic contiguity between the East and the West Wing, lack of national integration, and political polarization created constraints in its reinforcement.
In the first decade (1947-58), the skirmishes for representation amid East and the West Wing clouted its evolution; however, the clash among them was constituted by the demand for provincial autonomy. A strong center with the immense powers of the Governor-General had been challenged in the landmark case of “Moulvi Tamizudin vs the Federation 1955”. Unfortunately, it met with failure and led to the dissolution of the First Constitutional Assembly. However, it was the lack of consensus between the federating units that caused the delay in the constitution-making.
During the second decade 1958-1969, the martial law by C-in-C Ayub Khan had overthrown the democratically elected government. However, the Constitution of 1962 not only made a strong center by giving immense powers to the office of president but also provinces more dependent on it. Moreover, a highly centralized center mooted concerns for provincial autonomy.
Next, the promulgation of martial law under Yahya Khan and the fall of Dhaka in 1971 created further stampedes between federating units for equitable autonomy. However, the Constitution of 1973 provided for significant provincial autonomy. But the 8th, 13th, and 17th Amendments by military dictators constricted the political share of provinces. Moreover, in 2010, the 18th Amendment in the Constitution of 1973 brought back the form of the country’s federal structure.
Why did the 18th Amendment Made in the Constitution of 1973 Can’t Solve the Issues Related to Federalism Once and for All?
The Constitutional Amendment of 2010, the 18th Amendment in the Constitution Of 1973, is a Significant Step toward Federalism in Pakistan as It Granted Considerable Provincial Autonomy to the Federating Units. However, it is Unlikely to Solve the Issue Once And For All Because Challenges like Political Polarization, Financial Disparities between the Provinces, and Implementation Gaps Still Persist. These Issues Can Reignite the Political Tensions Inhibiting the Process of Operationalization of Federalism in its True Sense.
- ✓ Implementation Gaps, Bureaucratic Resistance, Capacity Constraints, and Establishment of Parallel Ministries at the Federal Level Inhibit the Process of Devolution of Power
First, the implementation gaps are hindering the process of devolution of power. For example, the provinces are entitled to take foreign loans, but the required laws are not formulated by the federal government. Then, the transfer of the employees of the devolved ministries to provinces is creating issues. The federal government announced that the Petroleum Policy 2012 will be postponed for more than two years. The post-Amendment scenario demonstrated that some bureaucrats and politicians did not show a willingness to devolve certain powers to provinces. Their disagreement was based on the opinion that provinces may encounter capacity constraints. Then, the lack of experience and expertise may cause challenges in the implementation of tasks. Besides, there are discussions circulating about rolling back certain subjects to the federal government despite the fact that reversing the Amendment is unconstitutional. So, despite the devolution of ministries under the 18th Amendment, provinces still struggle to exercise full control over devolved subjects due to implementation gaps, bureaucratic resistance, and capacity constraints. Apart from this, the federal government, after devolving certain ministries, established parallel ministries at the federal level. The step may cause mistrust between the federating units and the center.
- ✓ Financial Constraints and Irregularities In the Timely Convening of the NFC Award May Disrupt the Equitable Distribution of Resources
Second, the delays in the timely convening of the National Finance Commission’s (NFC) Award, which is a critical tool for maintaining fiscal federalism in the country, has created fiscal uncertainty and development disparities between the provinces. Although the 18th amendment made it mandatory for the President to constitute the Award under Article Article 160(1) of the Constitution of 1973 every five years, the irregularity in the National Finance Commission award may aggravate conflicted fiscal federalism. Also, it increased the provincial dependence on the center. Thus, it undermines provincial autonomy, which has remained a source of contention between the center and the federating units. The delays are often due to financial constraints and administrative irregularities. The financial constraints impacting the NFC Award include federal fiscal deficits that reduce fiscal allocations to the provinces, the Revenue Collection Challenges faced by the Federal Board of Revenue (FBR) decrease in the overall size of the divisible pool, debt servicing, and defense allocations that reduce the financial share of the federating units, and lack of mechanism for independent revenue generation by the provinces that increases provincial dependence on the center. Last, ad-hoc extensions by the government and a lack of consensus between the center and the provinces cause irregularities in the Award.
- ✓ Federalism Requires Integrated Federating Units, and Political Polarization Weakens the National Integration
Then, although the 18th Amendment devolved considerable financial and political power to the federating units, certain actions and implementation gaps can impact integration. For illustration, the establishment of parallel ministries at the federal level after the devolution of the parent ministries to the provinces may impact solidarity between the center and the provinces. As I discussed earlier, the lack of a mechanism for independent revenue generation increases the dependency of provinces on the center. So, the dependency of provinces on the central government, political polarization, and calls for re-centralization can create hurdles in the implementation of federalism. The parties at the federal level are reluctant to show willingness to implement the devolution of power, arguing that by doing this, governance will be difficult at the national level. The provincial parties have their vested interests in the provinces, and the ruling parties have in the center. Due the political polarization, there is a lack of consensus between the provinces that causes disagreement on the political and financial matters which is required for the proper functioning of a federal state. Thus, although legally devolving the power to provinces, the 18th Amendment can’t solve issues regarding federalism once and for all.
Critical Analysis
In a critical analysis, the 18th Amendment can be regarded as a significant step toward federalism in Pakistan. However, it can’t be said that the Amendment will solve all the issues related to federalism. To strengthen the operationalization of federalism, several foundational issues need to be addressed, such as political polarization and lack of national integration. As far as the 18th Amendment is concerned, despite it being proved as a landmark in the history of federalism in the country, there are growing debates that some devolved subjects should be rolled back to the center. The 18th Amendment supported de-centralization as not a solution for all problems related to federalism because of capacity constraints, military and judiciary influence in the decision-making, financial deficits, and reluctance of the government regarding devolution of power.
Conclusion
To conclude, the 18th Amendment in the Constitution of 1973 is a significant step toward federalism in Pakistan by granting considerable provincial autonomy. However, there are constitutional loopholes that need to be addressed. In addition, the implementation gaps and financial and capacity constraints inhibit the process of operationalization of federalism. Thus, it cannot be said that the Amendment can solve all issues regarding federalism once and for all.
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