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Alim Ullah Soomro

The writer is a freelance contributor

On overturning the 18th Amendment

Published on: April 12, 2019 1:53 AM

The passage of the 18th Amendment to the Constitution in 2010 was a great milestone in the political and constitutional history of Pakistan. The amendment was passed with the consent of all political parties represented in the parliament. In theory it made Pakistan more democratic and stronger than ever. The doors appeared to have been shut in the face of undemocratic forces, that had in the past usurped political power. The amendment sought to ensure that the democratic project cannot be derailed again.

The amendment made 103 changes to the constitution. Essentially, in sought to decntralise governance in a country that had been used to over-centralization of authority. The federating units got more powers as 46 subjects were transfered from the Centre to the provinces. In some ways they became the master of their fate. Not only was the political power devolved with the abolition of the Concurrent List from the Constitution, fiscal decentralisation also took place. After the incorporation of the provison for NFC into the Constitution by making changes in Article 160, the share of the provinces in the federal divisible pool increased. The provinces received a constitutional guarante that their share(s) in the next NFC award would not be less than their share in the previous one.

Surveys taken by several instiutions have shown that socio-economic indicators have improved in the country. Those who do not believe that the socio-economic landscape has changed significantly concede that there have been some encouraging developments in a few sectors. For one thing, the delivery of services has improved. The infant and maternal mortality rates are at an all-time low. A culture of vaccination is spreading at a fast pace. New health facilities are coming up in less developed areas where no health infrastructure had existed in the past. Only a few years ago, facilities for heart and liver tranplants did not existin the country. Today, people even from low income groups can benefit from organs transplants.

The 18th Amendment has delivered some of the desired results. The number of universities and campuses, for example, has increased although some of the weaknesses of the education system remain. The federating units are now investing a lot more in the education and health sectors

The Eighteenth Amendment has delivered a few of the desired results. The number of universities and campuses has increased although some weaknesses in education system have persisted. The federating units are now investing more in education and health sectors. According to the report Pakistan’s Education Crisis: The Real Story published in 2016 by the Washington-based Wilson Centre for International Scholors, the budget for education in Sindh has increased eight fold since 2010.

And yet, there are those hell-bent on overturning it. They contend that after the passage of the amendment, Pakistan has moved towards economic instability. They allege that the amendment has fuelled corruption and bad governance in the provinces. They argue that not much has changed despite a huge transfer of resources to the federating units from the federal divisible pool. They tend to be people who always support centralized decision making. They do not acknowledge that a deep centralisation of powers was to blame for the break up of Pakistan.

Today, Pakistan is deeply mired in a severe economic crisis. The economy faces massive challenges on all fronts. The severity of economic challenges has assumed new proportions. The foreign exchange reserves are fast depleting assistance received from some friendly countries. Those antagonistic to the amendment blame it for Pakistan’s economic woes. They say a major chunk of the federal funds has been given to the provinces. Resultantly, the Centre is left with insufficient funds to meet its debt servicing obligations and the defence expediture. The Centre, they say is left without resources to finance several federal subjects.

The contention lacks factual basis. Seen in a broader perspective, the administrative and fiscal decentaralisation has left the Centre better off. The Centre now has fewer subjects to look after as the Concurrent List has been abolished. It threfore requires less resources. The incumbent government is demandigan increase in the Centre’s share in the federal divisible pool.

Blaming the 18th Amendment for the economic crunch is as futile as blaming the previous government for its difficulties. Overturning the constitutional changes will sow the seed of political instability and cause deep resentments.

If the federal government is really serious about turning around the economic situation, it should not try to reverse the amendment. It should instead take up structural economic reforms on an urgent basis. Pakistan’s economic salvation lies in making dysfunctional tax machinery a functional one, not in reversing the Eighteenth Amendment.

The writer is a freelance contributor

Filed Under: Perspectives Tagged With: 18th Amendment, defence expediture, editorspick, overturning

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