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The 18th Constitutional Amendment Devolved Significant Powers to Provinces

CSS Current Affairs | The 18th Constitutional Amendment Devolved Significant Powers to Provinces

The 18th Constitutional Amendment devolved significant powers to Pakistan’s provinces to strengthen autonomy and governance. However, Balochistan has faced challenges in translating devolution into effective development due to institutional weaknesses, administrative limitations, and implementation gaps. Addressing these issues requires stronger provincial institutions, improved accountability, and effective governance mechanisms. This topic is crucial for CSS Current Affairs.

Introduction

Since Pakistan’s independence, Balochistan has remained one of the most underdeveloped and neglected provinces of the country. Despite its vast geographical area and rich natural resources, the province has faced persistent challenges of weak governance, administrative inefficiency, limited institutional capacity, and inadequate development. The 18th constitutional amendment, which decentralized significant powers, was a step toward correcting these flaws. However, even after 16 years of that landmark amendment, the province still suffers because of implementation gaps. For instance, the disturbing law and order situation, the collapsing social sector, and surging poverty rates depict that the aspirations tied with the 18th amendment have not been materialized. Moreover, the lack of devolution of powers to the grassroots levels and the persistent centralized control of resources demonstrate disparity between theory and practice. Nonetheless, certain institutional mechanisms could make devolution possible. Those are giving a mandate to the Election Commission of Pakistan to ensure the formation of local governments to strengthen the social sector and law and order, recalibrating the National Finance Commission Formula for proper revenue and resource sharing, and increasing the powers of the Senate to increase the province’s representation.

A Brief Overview of the Situation in Balochistan

    Balochistan, comprising 45 percent of Pakistan’s land and only 5 percent of the population, has been facing alienation since the independence of Pakistan. The province has been lacking proper development, infrastructure, a robust social sector, law and order, and autonomy. Moreover, terrorist activities are on the rise, with certain militant organizations wreaking havoc in multiple regions. Apart from underdevelopment and terrorism, Balochistan has faced several insurgent movements, which have been muzzled violently by the state. Thus, the situation of the country’s largest province is complex, ranging from socioeconomic problems to security concerns, indicating a challenge for the Federation of Pakistan.

    Comprehending the 18th Constitutional Amendment

      The forefathers of Pakistan envisioned a federation where federating units would enjoy greater autonomy. However, rampant political instability, multiple military coups, and some autocratic leaders hindered the way towards federalism. It was in 2010 when a serious attempt was made to foster a true federation. The attempt was in the form of the 18th Amendment in the Constitution of Pakistan, which was made to decentralize the powers vested in the center and give provinces sufficient powers to make Pakistan a true federation. It outlined significant powers in the provincial legislative list, suppressed the concurrent list, and added more fundamental rights. Moreover, it also increased the share of revenue of the provinces, indicating economic autonomy of the provinces. Thus, while the provisions of the 18th amendment are numerous, the main agenda was to decentralize the powers to pave the way towards the establishment of a true federation. 

      Evaluating Balochistan’s Implementation Gaps

        • Disturbing Law and Order Situation: First, the law and order situation in Balochistan depicts a bleak picture. While the control of internal security was devolved to provinces in the 18th amendment, the vast terrain and militant outfits in some regions have made it impossible to maintain law and order under provincial control. This allows rogue actors to carry out their activities, thereby undermining provincial security. To illustrate, the recent Jaffar Express incident highlights the harrowing security situation in Balochistan. Thus, despite the decentralization of internal security, the law and order situation in Balochistan continues to deteriorate.
        • Collapsing Social Sector: Moreover, Balochistan’s social sector has been steadily collapsing. Despite decentralization of health and education, the province faces a severe crisis in both sectors. For instance, according to the UNICEF report, Balochistan has the highest out-of-school children. Moreover, the infant and maternal mortality rates are also high, highlighting a distressing situation in the province. Therefore, it is evident that decentralization through the 18th Amendment has not improved health and education in Balochistan.
        • Lacking Local Government System: Moving ahead, Balochistan lacks a robust local government system, which is hindering the complete devolution of powers to the grassroots level. Despite the addition of Article 140A to the Constitution, the province has not devolved powers, thereby causing administrative inefficiency and affecting service delivery. Although the local government system has been weak throughout the country, Balochistan lacks it the most, highlighting a stark disparity between the federating units. Thus, the ineffective implementation of Article 140A has been hindering the complete devolution of powers, causing misgovernance in Balochistan.
        • Increasing Poverty Rates: The existence of rampant poverty in Balochistan, especially in the rural areas, also underscores implementation gaps in the 18th Constitutional Amendment. Despite increasing provinces’ share in the NFC award, Balochistan’s socio-economic status has been deteriorating. Illustrating the fact, the World Bank report says that about 60% people in Balochistan are classified as poor. This indicates a daunting socioeconomic situation, prompting immediate measures. Hence, despite increases in Balochistan’s funds, the province remains poor due to inefficient implementation of the 18th Amendment. 
        • Lacking Resource Incentives: Balochistan, despite being rich in resources, has been neglected in receiving its share. Although Article 172(3) provides for a joint and equal share of resources between the center and provinces, the former has been exercising greater control. For instance, there has been little provincial say in finalizing deals with foreign companies regarding Reko Diq. Moreover, OGDCL, a state-owned enterprise, also has more influence in managing the resources of the province. Therefore, despite a provision in the amendment, Balochistan feels sidelined in receiving its due share.

        Institutional Mechanisms to Foster Meaningful Devolution

          • Cooperation through CCI: The first and foremost institutional mechanism that would make devolution meaningful is to make coordinated efforts through the Council of Common Interests (CCI). The 18th Amendment revitalized the CCI under Article 153 to strengthen cooperation between the center and the units. For sure, concerted efforts through the council would help implement Article 172 (3) effectively and streamline the flow of funds to Balochistan. Therefore, CCI is a vital institutional safeguard to foster coordination and ensure devolution.
          • Recalibration of NFC criteria: Moreover, the National Finance Commission formula needs modification to ensure the distribution of equitable funds to the provinces. Although the weightage of the population was decreased, it still accounts for 82% of the fund’s distribution. The overwhelmingly large proportion of the population in the distribution criteria lessens the province’s share. Therefore, decreasing the share of population in the NFC formula would ensure adequate funds for Balochistan. Thus, changes in the NFC award procedure would provide monetary relief for the province of Balochistan, thereby making devolution of powers meaningful.
          • Strengthening the Local Government System through ECP: While Article 140A of the Constitution explicitly tasks the Election Commission of Pakistan (ECP) with conducting local government elections, the lack of provincial will causes deliberate delays, thereby undermining true devolution. Therefore, to counter manufactured delays, the ECP should be mandated to override bureaucratic delays and conduct local polls to counter re-centralization at the provincial level. Ultimately, strengthening the ECP’s local enforcement capacity is crucial to making power devolution real for Balochistan’s marginalized districts. 
          • Increase in Senatorial Powers: Balochistan, with its scarce population, has little representation in the powerful house of the parliament, the National Assembly. Therefore, the powers of the Senate should be increased to ensure adequate representation at the high echelons of power. Since provinces have equal representation in the Senate, giving it more powers would balance the equation with the National Assembly. It would ensure true federalism like that of the United States, where the majority of the lower house is counterbalanced by the greater powers of the upper house. Therefore, increasing the powers of the Senate could effectively increase the province’s say in political matters, paving the way for effective devolution.
          • Providing a Legislative Shield for Local Power: To make devolution effective and counter elite capture in Balochistan, an institutional safeguard requiring a three-fourths (3/4th) legislative majority should be constitutionalized. Currently, successive provincial governments weaken grass-roots democracy by altering local government laws with a simple majority whenever power dynamics shift. Mandating a strict three-fourths consensus for any amendment to the Balochistan Local Government Act would prevent partisan rollbacks. This high-threshold legislative shield would permanently stabilize municipal tenures, lock in administrative authority, and secure District Council funding. Consequently, this structural constraint protects local governance from centralized manipulation, turning devolution into a meaningful tool for grass-roots stability. 

          Conclusion

            Ultimately, resolving Balochistan’s deep-rooted crises requires moving beyond paper reforms to actual, honest implementation. The 18th Amendment laid down a solid framework for provincial autonomy, but it cannot fix the province’s issues on its own without functional local governance, fair resource distribution, and strong political representation. By truly empowering the Election Commission to enforce local elections, updating the NFC formula to match geographical realities, and giving the Senate a real voice, the state can bridge the gap between theory and practice. Only when these institutional mechanisms are fully put into action will the people of Balochistan finally see the real benefits of devolution. 

            References 

            1. Baloch, M. A. (2017). Balochistan after 18th amendment: A critical analysis. Al-Aijaz Research Journal of Social Sciences and Humanities, 2(2).
            2. Hussain, E. (2012). Balochistan issue: Causes and remedies. Journal of the Research Society of Pakistan, 49(2), 143–154.
            3. Government of Pakistan. (2010). Constitution (Eighteenth Amendment) Act, 2010.
            4. Javaid, U., & Jahangir, A. (2015). Balochistan conflict: Internal and external dimensions. Strategic Studies, 34(1), 15–39. Institute of Strategic Studies Islamabad.
            5. Wikipedia contributors. (n.d.). Insurgency in Balochistan. In Wikipedia. Retrieved June 14, 2026, from.
            6. Khan, M., and co-authors. (2024). [Article on Balochistan and the politics of decentralization]. Regional & Federal Studies. Advance online publication.
            7. International Foundation for Electoral Systems. (2013, June 24). Fact sheet: Local government in Balochistan.
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