University of the Punjab

Topic: “Federalism in Pakistan: Distribution of Powers and the Transformative

Impact of the 18th Amendment”
Submitted to: Sir Muhammad Mukarram Babar
Submitted by: Qura Tul Ain
Roll No: F25BBITMA026
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1. Introduction
Federalism (general meaning) :
Federalism is a form of government in which power is divided between a central
(federal) government and regional units like provinces . Each one has its own duties
and powers.
Federalism in the context of Pakistan
Pakistan is a federal parliamentary republic, with powers shared between the Federal
government and the provinces. Relations between federation and provinces are defined
in Part V (Articles 141–159) of the constitution.
Brief overview of constitutional evolution leading to the 18th Amendment.
In April 2010, Pakistan passed the 18th Constitutional Amendment, which was a very
important step in bringing back the original idea of Pakistan as a federation with more
powers for provinces just like the Constitutions of 1956 and 1973 had planned.
For many decades before this amendment, long military regimes and unstable
democratic periods shifted powers toward the federal government, weakening provincial
authority.

Since the late 1950s, the system of power-sharing in Pakistan kept changing. Most of
the authority was moved to the Centre instead of Provinces. The 18th Amendment
finally reversed this trend and gave more control back to the provinces after many
decades.

For example, in 1956 provinces handed over their right to collect sales tax to the federal
government to make tax collection easier. Later, under General Ayub Khan, a system of
"Basic Democracy" was introduced with local governments, but they were still controlled
by federal authorities. Four provinces of West Pakistan were also merged into one unit
to reduce the power of East Pakistan. This created tension and later contributed to
political issues leading to the separation of East Pakistan (Bangladesh) in 1971.

From 1973 to 1977, Pakistan had a mixed system part democratic, part military-
controlled. The new 1973 Constitution was introduced, but even then many rights were
stopped or limited. Industries and schools were nationalized (taken under government
control). In 1977, General Zia ul Haq took over through a military coup and ruled for
many years, centralizing authority even more.

After his rule, democracy returned but was unstable, and in 1999 again a military coup
was carried out by General Pervez Musharraf. He strengthened local governments, but
provinces still had limited power. Later in 2008, when Pakistan returned to democracy,
provinces tried to undo these military-based reforms.

The 18th Amendment stopped this long-term centralization and gave more authority to
provinces.
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2. Distribution of Powers before the 18th Amendment

1. Federal Legislative List

This list contained subjects on which only the federal government could make laws

Examples include:

o Defence
o Currency and banking
o Foreign affairs
o Nuclear energy
o External trade
o Taxation (major federal taxes)
o National economic planning
o Citizenship and immigration

The Centre had complete authority to legislate in these areas.

2. Provincial List

These were matters directly under provincial control, and provinces could make laws
independently.

Key areas included:

o Local governments
o Police and law & order
o Agriculture
o Roads (within province)
o Land revenue and property
o Hospital management
o Culture
o Sports
o Libraries

Residual powers (subjects not mentioned in any list) also automatically went to
provinces.

3. Concurrent Legislative List CCI (47 Subjects)

This list contained topics where both federal and provincial governments could make
laws.
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If a federal law and a state or local law disagree or contradict each other, the federal
law is the one that must be followed.

Important subjects included:

o Education
o Health
o Environmental protection
o Labour laws
o Marriage, divorce, family laws
o Criminal law & criminal procedure
o Drugs & medicines
o Pollution control

The Concurrent List caused confusion because both the Centre and provinces could
make laws on the same subjects. With time, the federal government started using this
list to take more control, which reduced the powers of the provinces.

4. Centralized tendencies and political context.

A. Expansion of Federal Power Over Provinces

Military governments Ayub Khan, Zia ul Haq, Musharraf strengthened the Centre and
reduced provincial decision-making.

Examples:

o Ayub Khan’s “Basic Democracy” system controlled from the Centre

o One Unit Scheme merging West Pakistan provinces to weaken provincial
identities
o Nationalization under the 1970s reduced provincial administrative space
o Military governments bypassed provinces by strengthening federally
controlled local governments

B. Shrinking Provincial Tax & Administrative Powers

Provinces gradually lost taxation powers, especially after:

o Sales tax collection was handed to the Centre (1956)

o Federal control over industries, health, education, and population programs
increased
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C. Weak Local Governments & Federal Dominance

Local governments remained dependent on the Centre because:

o Octroi tax removal reduced their financial autonomy

o Military rulers strengthened local bodies for legitimacy, not for real autonomy
o Democratic governments weakened LGs to avoid political competition.

Reference: Local governments became weak, democratic governments often remained

weak

D. Centre vs Province Tensions and Lack of Constitutional Stability

1. Tensions Between Centre and Provinces

o The federal government had too much power, leaving provinces weak.
o East Pakistan’s feelings of neglect contributed to the 1971 separation.

2. Political Instability

o Frequent military coups and changes in government weakened the system

and reduced provincial authority.

3. Role of the Concurrent List

o Many important areas (like education, health, and social services) were on
the Concurrent List.
o Even though provinces could make laws, the federal government could
override them, keeping most control at the Centre.

3. The 18th Amendment (2010): Key Changes

1. Abolition of the Concurrent Legislative List

o The 18th Amendment removed the Concurrent List, meaning subjects like
education, health, Labour, and social welfare are now primarily under provincial
control.
o This ended the federal government’s overriding power on these subjects,
giving provinces more independence.

Reference: Constitution of Pakistan, 1973, as amended by the 18th Amendment, 2010

2. Enhanced Provincial Autonomy

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o Provinces gained authority over education, health, culture, environment, and

local development.
o This reversed decades of centralization during military and non-democratic
regimes.

Reference: Hamid Khan, Constitutional and Political History of Pakistan, Oxford

University Press

3. Strengthened Council of Common Interests (CCI)

o The CCI was given more powers to coordinate between federal and provincial
governments, especially on economic and policy issues.
o It became a key forum for federal provincial cooperation

Reference: National Assembly of Pakistan Official Records, 2010

4. Revival of Parliamentary Democracy

o The amendment made democracy stronger by giving more power to Parliament

and reducing the powers of the President.
o It also lowered the role of the military in politics and allowed provinces to take
part again in important national decisions.

Reference: Safdar Mahmood, Pakistan: Political Roots and Development

4. Impact on Federal Provincial Relations

1. Improved Governance and Service Delivery

o Provinces can now plan and manage programs like health and education
according to local needs.
o This makes services faster and more effective for people.

Reference: SDPI Reports on Federalism, 2011–2015.

2. Financial Decentralization

o The National Finance Commission (NFC) system was strengthened.

o Provinces now get more tax revenue and control over spending, reducing
reliance on the federal government.

Reference: Constitution of Pakistan, Article 160; Hamid Khan, Constitutional and

Political History of Pakistan, 2012.

3. Tensions and Coordination Challenges

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o With more power, provinces sometimes follow different policies, which can
create conflicts with the Centre.
o Disagreements can happen over resources and national programs.

Reference: International Crisis Group Report, Pakistan: The Worsening Crisis of

Federalism, 2012.

5. Case Studies

Example of a Sector Devolved After the 18th Amendment

Education Sector (Fully Devolved)

o Before the 18th Amendment, education was on the Concurrent List, so both the
Centre and provinces made education laws.
o After the Amendment, education became a provincial subject.
o Provinces now control school policies, curriculum and teacher hiring, and
planning.
o This change was meant to help provinces design education systems that fit their
local needs.

Reference: Constitution of Pakistan, Eighteenth Amendment Act, 2010 Schedule IV

Pakistan’s Intergovernmental Disputes or Success Stories

Success Story: Better Provincial Control Over Health

o Provinces now run their own hospitals, health programs, and vaccination
campaigns.
o Devolution helped provinces respond to local health issues more directly.

Reference: SDPI Federalism Reports, 2011–2014

Dispute: Centre–Province Issues after Devolution

o Sometimes provinces complain that the Centre still interferes in devolved

subjects.
o Coordination problems also appear in national level programs (e.g., education
standards, health policies).

Reference: International Crisis Group, Pakistan: The Worsening Crisis of

Federalism, 2012

6. Critical Evaluation
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Did the 18th Amendment Strengthen or Complicate Federalism?

o The Amendment strengthened federalism by giving provinces more control

over law-making, taxes, and services.
o But it also created challenges, as provinces and the Centre sometimes struggle
to coordinate policies.

Reference: Hamid Khan, Constitutional and Political History of Pakistan, OUP

Are Provinces Effectively Using Their Autonomy?

o Some provinces used their new powers well (e.g., improvements in health and
education planning).
o Other provinces still lack capacity, trained staff, or resources to fully benefit from
autonomy.
o Uneven progress shows that autonomy alone is not enough, provinces
must build strong institutions.

Reference: SDPI & PIDE Governance Studies

Remaining Gaps and Future Needs for Reform

o Need for better coordination between Centre and provinces through the
Council of Common Interests (CCI).
o Provinces need stronger systems for tax collection, budgeting, and local
governments.
o Local governments are still weak, which limits service delivery at the district level.
o National standards in areas like health and education require clearer roles.

Reference: National Finance Commission (NFC) Reports; International Crisis Group

2012

7. Conclusion
From Pakistan’s history, it is clear that when too much power stays with the Centre as
happened during long periods of military and non-democratic rule provinces become
weak and tensions increase. The 18th Amendment helped correct this by returning
powers to the provinces and restoring the original idea of federalism from the 1956 and
1973 Constitutions.
A balanced federal system is important because it keeps the country united and allows
provinces to manage their own affairs according to local needs. When provinces feel
respected and included, national harmony becomes stronger. At the same time, good
coordination between the Centre and provinces is necessary to run the country
smoothly. This Amendment is like the first step of a long journey towards better
governance. More steps must follow.
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