Daily Times

A new controversy around 18th Amendment in the Constitution of Pakistan has been gradually flaring up since the present government was installed. After almost two year of passive lobbying, some of the pro-establishment political elements and some of the government representatives are shouting loud to debating again the 18th Amendment. Some more are expected to join the race to fuel up the fire of dissent on the 18th Amendment.

Minister for Planning and Development Asad Umar has categorically announced to take necessary steps to review the amendment saying: “Some flaws have been noticed in the 18th Amendment though it was a step in right direction, but the process is incomplete yet as it gave powers to provincial governments but the local governments are still powerless. Problems cannot be resolved until the federal and provincial governments work in coordination. Centre doesn’t want to take back any powers from provinces neither it is the war of powers.”

Punjab Assembly Speaker Chaudhry Pervaiz Elahi has pointed out the issues with syllabus being taught in different provinces and other ‘challenges’ to education. One of the prominent politicians Pakistan Muslim League-Q President Chaudhry Shujaat Hussain has announced supporting the government bid to review the 18th Amendment, saying: “The PML-Q will stand by the PTI in its bid to review the 18th Amendment that inflicted serious damage on education quality. Politicians are deliberating upon the 18th Amendment without reading it. In the constitution of any state in the world, uniform education system is guaranteed by the Centre but the 18th Amendment made it a subject of the provincial government. I would take up the matter with all parties so that such a flawed amendment could be undone.”

Foreign Minister Shah Mehmood Qureshi has said that the government had no plan to repeal the 18th Amendment, but at the same time declared that the provinces must sit with the federal government to discuss the issue of its implementation.

Pakistan Peoples Party (PPP) chairman Bilawal Bhutto Zardari has launched a campaign to defend any change in the 18th amendment. All political parties in the opposition, including JUI-F chief Maulana Fazlur Rehman, have shown their resolve to stand united against the government’s bid to open any debate to change the 18th Amendment.

The PPP chairman said the democratic forces of Pakistan would never compromise on the 18th Amendment that had restored the Constitution to its original form and shape, and any attempt to reverse or repeal the 18th Amendment would not be tolerated rather democratic forces would resist any such attempt with full force.

On Monday last, the united opposition had a meeting to express their concern over controversial remarks by some federal ministers about the 18th Amendment and vowed to protect the provincial autonomy granted under the historic amendment and warned the government against any move to reverse or repeal it. Some political intellectuals have also shown their concerns over the question of repealing or debating again the 18th Amendment.

The key architect of the Amendment and former chairman Senate Mian Raza Rabbani has very clear stance on the erupting chaotic move of the government that state is not interested in the actual provincial autonomy given in the 18th Amendment. It is not the government that lacks vision and brain on the consequences of fiddling with the most important part of the constitution, but some pro-state elements are more interested to repeal it or just rollback to curb the financial autonomy of the provinces.

Rabbani believes that state wants its complete authority and command over the federating units with strong Centre having dictatorial command over all the resources and Units than strengthening the federation. The same approach separated major part of the country – the East Pakistan in 1971. Pakistan was facing several dissenting elements and separation movements when a fair National Finance Commission award was constituted under the 18th Amendment by taking on board all the nationalists and dissenting elements too. The federalism won on the table resulting more tranquility and harmony for political cohesiveness as 102 clauses of the constitution were amended including 58 (2-B) – the President of Pakistan’s prerogative to dissolve elected assemblies at his own will. Over the last ten years, we have seen decline in the dissenting elements and the nationalists are taking part of the mainstream politics; democracy is taking its roots in the public, a democratic system is evolving, and some tolerance is emerging in the citizens.

Without testing all the mechanisms available to make the 18th Amendment work, the state or the federal government should avoid taking any decision to fiddling with the settled down agenda between the Centre and provinces by reshaping the 1973 constitution to its original with all-time overwhelming consensus in 2010

Apparently some elements are pointing their fingers on the deliverance of education and health that could be improved by pushing the Inter-provincial Coordination Committee. The government should convene regular meetings of the Committee and the meetings of Council of Common Interests (CCI) that shall actually take place after every 90 days to review the progress on the common agenda of the Centre and provinces.

Mian Raza Rabbani believes that the defined mechanisms should be implemented in letter and spirit and if there are some lacunas in the implementation, the opposition would cooperate in the best interest of democracy and citizens. No move against the 18th amendment would be tolerated rather resented strongly. The state should realize that strong provinces would not only wipe off the deprivations of the citizens but also turned to be a strong backbone of the Centre.

Approximate the provinces are getting 53-57 per cent of the total finances in the NFC award that is the bone of contention between the Centre and the provinces. The state institutions are more interested in the increase of defence budget while government is crying over the debt servicing expenses, both want major chunk of money in the NFC award. The provinces are not willing to share their pie as agreed in the 18th Amendment. Second major concern of the government and state is that provinces have taken their autonomy and powers but powers were not transferred to the local governments.

A secretariat of Council of Common Interests (CCI) was to be established for improved cooperation and coordination after 18th Amendment, but the previous two governments did not set up such secretariat for the reasons and intentions known to them. However, the present federal cabinet has now decided to establish the CCI secretariat. Who is responsible for the lamely operative CCI and inter-provincial coordination committee? Yes, only Centre. Without testing all the mechanisms available to make the 18th Amendment work, the state or the federal government should avoid taking any decision to fiddling with the settled down agenda between the Centre and provinces by reshaping the 1973 Constitution to its original with all-time overwhelming consensus in 2010. The government shall also realize that even some their own allies in the parliament have shown their dissent on the move to fiddling with 18th Amendment. In this case, it is not the time to oblige the state institutions for their whims and wishes. So refraining from any misadventure would be a more wise decision. Nation cannot afford any chaotic decision at the moment. Let the NFC award go on as agreed in the Article 160 of the “Constitution of Islamic Republic of Pakistan, 1973” that it has been made mandatory for the government to compose NFC Award at an interval extending not more than five years for the amicable resource distribution among the federation and its respective units.

The writer is the Director Devcom-Pakistan, an Islamabad-based policy advocacy, strategic communication and outreach think tank. Email: devcom.pakistan@gmail.com, Twitter: @EmmayeSyed