The 18th Constitutional Amendment: A step forward towards Provincial Autonomy in Pakistan

Authors

  • Sana Jabeen Aslam
  • Dr. Zafar Mohyuddin

Keywords:

18thConstitutional Amendment Provincial autonomy Legislative authority Administrative autonomy Fiscal autonomy Council of Common Interests (CCI)

Abstract

The 18th Constitutional Amendment marked a pivotal transformation in Pakistan’s federal structure, significantly enhancing provincial autonomy. This article delves into the multifaceted impacts of the amendment, examining legislative, administrative, and fiscal dimensions of provincial autonomy. The legislative autonomy saw the abolition of the Concurrent List, reallocating 47 entries between federal and provincial jurisdictions, and empowering provincial assemblies with greater legislative authority. Administrative autonomy was reinforced through the amendment of Articles 147, 153, and 154, enhancing the role of the Council of Common Interests (CCI) and ensuring participatory federalism. The article also explores the enhancement of the Senate's role and the National Economic Council’s (NEC) responsibilities in promoting balanced development and regional equity. Fiscal autonomy was significantly bolstered, with provinces receiving a larger share of financial revenues and gaining control over natural resources within their territories. This comprehensive analysis highlights the transformative impact of the 18th Amendment in decentralizing power, fostering cooperative federalism, and promoting provincial empowerment in Pakistan.

References

Application of Abdul Hakeem Khoso, Advocate, PLD 2014 Supreme Court 350 Gul Abdul Majeed, Muhammad Ibrarullah Qureshi, and Dr. Sara Qayum, “Impact of the Eighteenth Constitutional Amendment on Provincial Autonomy in Pakistan,” Pakistan Journal of Humanities & Social Sciences Research 4, no. 2 (December 31, 2021): 213– 23, doi:10.37605/pjhssr.v4i2.266, 217. Hamid Khan, Constitutional and Political History of Pakistan (Karachi: Oxford University Press, 2020). M Mahmood, The Constitution of Pakistan, 1973 (with Commentary) (Lahore: Al-Qanoon Publishers, 2018), 901. Mian Raza Rabbani, A Biography of Pakistani Federalism: Unity in Diversity (Islamabad: Leo Books, 2011), 140. Muhammad Ahsan Rana, “Decentralization Experience in Pakistan: The 18th Constitutional Amendment,” Asian Journal of Management Cases 17, no. 1 (February 28, 2020): 61–84, doi:10.1177/0972820119892720, 70. Muhammad Imran Ashraf, “Federalism and Provincial autonomy: Political and Economic Dimensions under the Constitution of Pakistan 1973,” ((Unpublished) Ph.D. Thesis submitted to: Politics and IR, IIU Islamabad, Pakistan, 2016.). Punjab HEC vs Dr. Aurangzaib Alamgir, PLD 2017 Lahore 489 Sana Jabeen Aslam, & Dr. Zafar Mohyuddin. (2024). The Constitution (Eighteenth Amendment) Act, 2010: A Milestone for the Provinces. INTERNATIONAL JOURNAL OF HUMAN AND SOCIETY, 4(2), 472-480. Retrieved from https://ijhs.com.pk/index.php/IJHS/article/view/575 Syed Feroze Shah Gillani vs Federation of Pakistan, PLD 2013 Lahore 659 Zahid Hamid, “South Asia Conference on Environmental Justice,” in Constitution and Environment Law: Recent Developments, n.d

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Published

2024-06-30

How to Cite

Sana Jabeen Aslam, & Dr. Zafar Mohyuddin. (2024). The 18th Constitutional Amendment: A step forward towards Provincial Autonomy in Pakistan. Al-Kashaf, 4(2), 42–50. Retrieved from https://alkashaf.pk/index.php/Journal/article/view/135

Issue

Section

English