The Senate of Pakistan, upper house of parliament, is commemorating its Foundation Day today. Being upper house of parliament it represents all federating units and territories of the country, and promotes a feeling of equality and harmony. The Senate in Pakistan, over the years, has emerged as an essential organ, and a stabilising factor of the federation. It is also acting as a permanent legislative body, which symbolises a process of the continuity of national affairs.
The role of the Senate is promotion of national interconnection, integrity and harmony and confidence building of smaller federating units so that their rights are well-protected. The main objectives of the creation of the Senate of Pakistan was to give equal representation to all the federating units since the membership of the National Assembly is based on the population of each province.
Ethnic diversity, cultures, languages, and geographical make-up of Pakistan necessitated an institutional structure reflecting pluralism. The way in which the 1973 Constitution was conceived, it was envisioned by the framers that with diverging interests of different ethnic groups, Pakistan required a system of federal bicameralism instead of unicameral legislature, unlike the 1956 and 1962 constitutions. Bicameralism is also considered the easiest way to accommodate the dualist structure of the state, because it is a method of representing popular national interests and state and regional interests at the same time.
Parliamentary committees have a vital role in a parliamentary system, and act as a vibrant link between parliament, the executive and the general public. These committees need to play a more proactive active for executive accountability and effective implementation of constitutional provisions, especially relating to protection of fundamental rights guaranteed to citizens of Pakistan, as stipulated in articles 8-28 of the Constitution of Pakistan.
During the process of purification of 1973 constitution in the year 2010, it was the Senate of Pakistan that mainly played its role, and the 18th Constitutional Amendment was passed unanimously. The landmark amendment introduced changes to about 36 percent of the Constitution of Pakistan, as 102 out of 280 articles were amended, added, inserted, substituted or deleted. The 18th Constitutional Amendment has redefined the structural contours of the state through a paradigm shift from a heavily centralised to a predominately decentralised federation. It is a matter of great concern that significant federal institutions and implementation mechanisms for devolution at all levels of government are still undeveloped or non-existent.
It is matter of concern that even after a lapse of six years since the historic 18th Constitutional Amendment in 2010, its effective implementation is still in limbo. The real fruits of decentralisation, devolution of power and empowerment of people at grassroots level still could not be availed by Pakistani citizens. In spite of unanimous decisions of multi-party Constitutional Implementation Commission headed by Senator Mian Raza Rabbani constituted under Article 270 AA of the Constitution of the Pakistan, some of the critical issues still remain unresolved. These include: joint ownership of natural resources; establishment of Commission on Standards in Higher Education and Research; and policy regulation and supervisory control of Council of Common Interests (CCI) over the subjects enlisted in the Federal Legislative List Part II, such as railways, standards in higher education, federal regulatory bodies, census, electricity, railway, legal, medical and professions. The annual allocations for these subjects, which are under the domain of the CCI, are being made without review and approval of the CCI.
The CCI is as an important constitutional organ and a central political institution that regulates competence and settles disputes between federal government and provinces. But, unfortunately, the commitment for establishment of a permanent secretariat of the CCI has not yet been fulfilled. About 48 identified federal laws have still not been amended in line with the Constitution of Pakistan.
While the 18th amendment enjoined the provincial governments to hold elections for local bodies and establish self-governments at district and sub-district levels, in reality, devolution of power has not been done so far in two of the largest provinces of Pakistan — Punjab and Sindh. The provinces were also required to establish Provincial Finance Commissions to transfer funds to districts. The Right to Information law could not be passed at federal level as per the article 19-A of the Constitution of Pakistan.
The Senate being custodian of federation of Pakistan needs to pay attention towards these pending critical issues immediately. The formation of a special committee on devolved subjects is an appreciable decision, which is being headed by Senator Mir Kabeer Ahmed who hails from Balochistan. The committee needs to thoroughly review the progress over the implementation of the 18th Constitutional Amendment. It should also deliberate and meet on regular basis to resolve these outstanding issues on an urgent basis. The committee also needs to learn from past experiences and best practices from other federal countries.
The recent decision of inclusion of six members from Senate in the Public Accounts Committee is also laudable, and would be greatly helpful in strengthening the federation of Pakistan, as parliamentarians from smaller provinces would get more representation for oversight over financial matters of the federal government.
The Senate of Pakistan should also play its role towards implementation of the article 38(g) of the Constitution of Pakistan, which ensures the share of the provinces in all federal services, including federal autonomous bodies and corporations. It can also assist in addressing the grievances of smaller provinces regarding the China-Pakistan Economic Corridor and other development projects announced by federal government.
A proactive role of Senate can be greatly helpful in strengthening Pakistan as a federation through effective implementation of the 18th Constitutional Amendment, and real devolution of power from centre to the provinces and from provinces to districts.
The writer is National Coordinator, Inter University Consortium for Promotion of Social Sciences Pakistan, and can be reached at [email protected]