The 18th Amendment to Pakistan's Constitution, passed in 2010, was regarded as a landmark achievement in the country’s pursuit of provincial autonomy and decentralization. This reform sought to dismantle the Concurrent Legislative List—a set of issues on which both the federal and provincial governments could legislate—and give more control to the provinces. The goal was to address the long-standing grievances of Pakistan’s federating units, which had often felt marginalized by a centralizing state. The amendment was widely seen as a move to balance the power between the center and provinces, a necessary step after decades of central government dominance.
Yet, over a decade later, there has been increasing debate over whether some of the powers transferred to the provinces should be returned to the center. Proponents of this reversal argue that the provinces, due to their limited administrative capacities, struggle to manage key sectors such as education, health, crime prevention, and environmental protection. They contend that these areas should be under federal control to ensure uniformity across the country. However, this viewpoint fails to account for the broader objectives of federalism, the role of local governance, and the lessons that can be learned from other federations around the world. Reversing the progress made by the 18th Amendment would not only set back the goal of decentralization but also risk reigniting regional tensions and eroding the fragile political equilibrium that has emerged in Pakistan.
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To fully grasp the significance of the 18th Amendment, one must consider the historical context in which it was introduced. Prior to the amendment, Pakistan’s federal structure had been largely tilted in favor of the central government, leaving provinces with little power to govern their own affairs. This centralization of authority led to regional disparities and a sense of alienation in several provinces, particularly in Balochistan and Khyber Pakhtunkhwa. The 18th Amendment was seen as a corrective measure—an attempt to rebalance the power dynamic and give provinces more control over their own destinies. One of the most transformative provisions of the amendment was the abolition of the Concurrent Legislative List, which contained matters that both the federal and provincial governments could legislate on. By removing this list, the amendment empowered provincial assemblies to legislate on a wide array of subjects without federal interference, allowing provinces greater flexibility to shape policies that fit their unique circumstances.
However, the devolution process has not been without its difficulties. Critics argue that certain sectors, such as education, health, crime prevention, and environmental policy, require a national framework to ensure consistency and avoid disparities across provinces. They contend that the lack of coordination between provinces, combined with limited capacity at the provincial level, has resulted in inefficiencies and inconsistencies. Consequently, some have proposed returning these subjects to the federal government to streamline governance and ensure uniform standards. Yet, this argument overlooks the fundamental purpose of federalism and the need for provinces to have the authority to address their unique challenges.
While concerns about provincial capacity are legitimate, reversing the devolution process would be a significant step backward with potentially damaging consequences. One of the most compelling reasons to oppose the return of powers to the center is the risk of eroding trust between the federal government and the provinces. The 18th Amendment was passed with the support of a wide range of political parties, and it represented a commitment to addressing historical injustices and empowering provincial governments. Reversing this process could undermine the fragile trust that has developed over the years, leading to political instability and deepening regional divides. It could also exacerbate feelings of alienation in provinces that have long felt sidelined by the central government. Balochistan, in particular, could view such a move as a betrayal, which might further complicate efforts to address the province’s political and security challenges.
Furthermore, the reversal of devolution could undermine the very principles of local governance that federalism seeks to promote. Federalism, at its core, is about empowering local governments to make decisions that are most appropriate for their communities. Provinces, being closer to the people, are better positioned to understand and address the specific needs of their populations. Local governments are more attuned to the concerns of their constituents, allowing them to design policies that respond to regional realities. Centralized governments, by contrast, often struggle to account for the diversity of conditions within their borders, leading to one-size-fits-all policies that may not work in every context.
The devolution of power in Pakistan has enabled provinces to focus on regional development in a way that was not possible under a centralized system. For example, Khyber Pakhtunkhwa has implemented a variety of education reforms tailored to the province’s specific needs, while Sindh has taken significant steps toward improving urban infrastructure. These policy shifts reflect the ability of provincial governments to craft solutions that fit their local circumstances. If these powers were returned to the center, the ability of provinces to implement targeted policies would be severely diminished, and regional development could stagnate as a result.
Moreover, bringing these subjects back under federal control would create additional bureaucratic layers, slowing down decision-making and policy implementation. This could be particularly detrimental to sectors such as healthcare, where rapid and responsive action is required. Provincial control allows for more efficient service delivery because it enables local governments to act quickly and decisively. The central government, by contrast, often faces significant delays due to its larger scope and complex administrative processes. The ability of provinces to manage their own healthcare systems, for example, is crucial to ensuring that resources are directed where they are needed most, without the bottlenecks created by a distant, overburdened federal bureaucracy.
Another key consideration is the impact on fiscal federalism and equitable resource distribution. The 18th Amendment was not only about decentralizing power but also about ensuring that resources were more fairly allocated to the provinces. The restructured National Finance Commission (NFC) Award, which determines how federal revenue is distributed among the provinces, was a critical aspect of this reform. This restructuring allowed for a more balanced distribution of resources, helping to address regional disparities and ensure that provinces had the financial means to carry out their responsibilities. If powers were returned to the center, there is a real risk that this fiscal balance would be upset, leading to an inequitable distribution of resources that could further deepen regional inequality.
Furthermore, fiscal autonomy is closely linked to the ability of provinces to make decisions about their own development priorities. By holding more control over their budgets, provincial governments are better able to address the unique needs of their populations. If these powers were transferred back to the center, it would undermine the ability of provinces to manage their own affairs and set priorities that reflect local conditions.
The argument for returning powers to the center also overlooks the successes of other federal systems around the world. Countries like Canada, Germany, and India have demonstrated that decentralization can lead to more effective governance, provided that provinces or states are given the resources and capacity to manage their own affairs. In these countries, regional governments have developed innovative policies tailored to their own needs, leading to improved outcomes in areas such as education, healthcare, and infrastructure. The success of these countries suggests that Pakistan, too, can benefit from a stronger, more empowered system of provincial governance.
Instead of reversing the 18th Amendment, Pakistan should focus on strengthening the capacity of provincial governments. This includes providing training for provincial administrators, improving the efficiency of provincial institutions, and ensuring that provinces have access to the resources and expertise they need to manage their responsibilities. The federal government should focus on facilitating coordination and support between provinces rather than taking back powers. Inter-provincial cooperation can be fostered through mechanisms that encourage collaboration and the sharing of best practices. This approach would allow provinces to retain control over key sectors while also benefiting from the federal government’s expertise and resources.
The federal government should also work to address the specific challenges faced by provinces like Balochistan, where infrastructure, education, and health outcomes are particularly poor. Special attention should be given to provinces with lower administrative capacities, providing them with the tools they need to succeed. Moreover, there is a need for federal support in sectors that require national coordination, such as disaster management and national security. However, this does not necessarily mean reverting powers to the center; it means that the federal government should act as a facilitator and partner rather than a central authority dictating policies from the top down.
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In conclusion, the 18th Amendment marked a pivotal moment in Pakistan’s political history, a step towards a more decentralized and equitable federal system. While challenges remain in terms of provincial capacity, these can be addressed through support and coordination rather than through the reversal of devolution. The 18th Amendment was not only a constitutional reform; it was a commitment to addressing the historical marginalization of the provinces and empowering them to manage their own affairs. Reversing this process would undermine the progress made in federalism, create political instability, and disrupt the delicate balance of power between the center and the provinces. Instead, Pakistan should focus on building the capacity of provincial governments and promoting inter-governmental cooperation to ensure that the devolution of power leads to better outcomes for all citizens, regardless of their region.
