Daily Times

The most referenced definition of democracy is ‘a government of the people by the people’. The other is ‘no taxation without representation’. The former pertains to the representation in legislative decision-making that conforms to the aspirations of the people while the latter addresses the right of the people to use national resources fairly. The debate for the creation of new provinces is in full swing. Expectations are so high that major political parties find it hard to curb the tide. As the population grows, it is inevitable to create new provinces but it is also an opportunity to take a step towards the creation of a stronger Pakistani nation by avoiding the mistakes of the past that were mired by projecting ethnic identities and political opportunism. The debate should revolve around two key questions: what should be the formula for the creation of new provinces and what constitutional changes are needed to accommodate them?

The need of the times is to evaluate the demographics of the whole country and create provinces that are economically viable and can serve their communities. It is wishful thinking to expect that new provinces can be created without major amendments to the constitution as the creation of new units will require the distribution of parliamentary seats, senate quota, establishment of provincial authority, reformulation of the water accord and redistribution of the NFC award to name just a few. The most pragmatic approach in this situation is to hold the next elections for a constituent assembly that not only addresses the question of provinces but also evaluate whether we should continue as a parliamentary form of government or consider the presidential form. Both forms of government have been successful in the presence of a large number of provinces. For instance, India, comprising of 28 provinces, has adopted a parliamentary system while the US, with 50 states, preferred a presidential form. Our decision should be based on our own unique cultural, social and economic realities. For this constituent assembly it will be important to consider direct elections of all public representatives including senators and the president, assigning the jurisdiction of the election commission to the judiciary (taking it away from the executive) and organising elections for provincial and federal elections in different years to spread out the election process.

It has been 38 years since the constitution of 1973 was promulgated, providing us with ample empirical evidence to analyse its performance. During this period, we have had a combination of autocratic rulers and elected governments. There has been the emergence of an elite class that uses political power to influence local administrators, get engaged in large scale corruption and interfere with executive authority while, at the same time, ignoring legislation and policy formulation. In the presence of a large number of political parties, the election commission’s website lists 148 registered parties; the executive in parliamentary form of government becomes hostage to the coalition partners to get things done. On the other hand, during the tenure of autocratic rulers, functioning largely in the presidential form of government, the execution was much better. In parliamentary form, the cabinet is derived from parliamentarians leaving little room to invite technocrats and professionals to become part of cabinet as they face hurdles to participate in the political process. In the light of these observations, and considering Pakistan’s cultural environment, which is iconoclastic and hierarchical, it might be better to consider the presidential form of government.

Although the 18th Amendment addressed the question of provincial autonomy but, in light of the new realities it is important to re-evaluate those amendments and ensure the creation of a federation in which most powers are divulged to the provinces while the centre keeps only the responsibilities of foreign policy, monetary policy and protection of borders. This will solve the dilemma of incurring additional expenses to create provincial administrations as the current bureaucracy can be reassigned to the provinces without a need for large numbers of new hires.

Debate on the formula for the creation of new provinces revolves around two approaches: ethnic verses administrative efficiency. The creation of new provinces is an opportunity to create a strong Pakistani identity, which is diverse culturally but bound together by shared values of Islam as was imagined by the founding fathers. In preparing for new provinces, we have to learn from the experience of other nations that have successfully managed diversity while, at the same time, creating a strong nation. Singapore, Switzerland, Canada, India, the UK and the US are some examples. The key to success is fair distribution of national resources, equitable application of law and acceptance of diversity.

In most parts of Pakistan, there are diverse groups of residents rather than one homogenous group, for instance Balochistan has Pashtuns, Baloch, Punjabi and Sindhi residents. Karachi has representation from the whole country. The creation of provinces on ethnic lines will severely affect the formation of a strong nation. Redrawing of provincial boundaries does not mean that barriers will be imposed for internal migrations so an ethnic identity of a province might change over time. On the other hand, cultural identity should be independent of provincial establishment as in the elections, the majority ethnic group will get a larger mandate anyway to form the government.

The other thing to consider is the economic viability of new provinces so that they will be able to finance their expenditure without looking towards the centre. In many countries, property tax, motor vehicles tax and toll charges are collected by provincial governments while value added tax, income tax and custom duties are collected by the federal government. Mineral resources, airport and seaport taxes are split between the provinces and centre. Cities and districts collect municipal taxes from local residents to finance social services.

The next thing to consider is the speed of the creation of new provinces. This can be addressed by incorporating two formulas in the constitution. First, a phased implementation schedule should be agreed upon for the creation of the new provinces that are needed now. Second, the process of the creation of new provinces in the future should be simplified by adopting a formula that defines the automatic triggers when certain benchmarks are met.

Political decisions are part of regular business and must not be used as a platform to ignite communal rivalries. Leaders are communicators and it is incumbent upon them to appeal to the people for political support for their views without resorting to name calling, violence or agitation. The creation of new provinces is an opportunity to build a strong Pakistan and must not be wasted.

The writer is Chairman Council of Past Presidents of Pakistan Chamber of Commerce-USA. He can be reached at abdul.kundi@gmail.com