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    Critical Analysis OF 18 Amendment: Agha Shahriyar KHAN (CSS-2019 Qualifier)

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    Farhan Ali
    The document provides an analysis of Pakistan's 18th Amendment. It discusses how the amendment strengthened provincial autonomy and federalism by abolishing the concurrent list and increasing provinces' share of national resources. The amendment also aimed to improve inter-provincial and center-provincial relations through mechanisms like the NFC Award and Council of Common Interest. While it strengthened democracy, there are also risks like potential financial crises for the center and issues between provinces. The document argues the amendment should not be revoked as that would weaken the federation.

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    Critical Analysis OF 18 Amendment: Agha Shahriyar KHAN (CSS-2019 Qualifier)

    Uploaded by

    Farhan Ali
    172 views16 pages
    The document provides an analysis of Pakistan's 18th Amendment. It discusses how the amendment strengthened provincial autonomy and federalism by abolishing the concurrent list and increasing provinces' share of national resources. The amendment also aimed to improve inter-provincial and center-provincial relations through mechanisms like the NFC Award and Council of Common Interest. While it strengthened democracy, there are also risks like potential financial crises for the center and issues between provinces. The document argues the amendment should not be revoked as that would weaken the federation.

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    18th Amendment

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    The document provides an analysis of Pakistan's 18th Amendment. It discusses how the amendment strengthened provincial autonomy and federalism by abolishing the concurrent list and increasing provinces' share of national resources. The amendment also aimed to improve inter-provincial and center-provincial relations through mechanisms like the NFC Award and Council of Common Interest. While it strengthened democracy, there are also risks like potential financial crises for the center and issues between provinces. The document argues the amendment should not be revoked as that would weaken the federation.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    172 views16 pages

    Critical Analysis OF 18 Amendment: Agha Shahriyar KHAN (CSS-2019 Qualifier)

    Uploaded by

    Farhan Ali
    The document provides an analysis of Pakistan's 18th Amendment. It discusses how the amendment strengthened provincial autonomy and federalism by abolishing the concurrent list and increasing provinces' share of national resources. The amendment also aimed to improve inter-provincial and center-provincial relations through mechanisms like the NFC Award and Council of Common Interest. While it strengthened democracy, there are also risks like potential financial crises for the center and issues between provinces. The document argues the amendment should not be revoked as that would weaken the federation.

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    You are on page 1of 16

    AGHA SHAHRIYAR

    CRITICAL ANALYSIS KHAN (CSS-2019

    OF 18TH AMENDMENT QUALIFIER)


    WE ARE • What is 18th Amendment? Is it glue or Solvent for the
    GONG TO Federation of Pakistan

    FIND OUT • When and how was it passed?

    ANSWERS • What are the payoffs/strength of 18th Amendment?


    OF THESE How does 18th Amendment strength the federation of
    Pakistan?
    QUESTIONS
    IN TODAY’S • What are the deficiencies and risks involved in 18th
    Amendment?
    SESSION.
    • Should we revoke 18th Amendment? No
    • What is the way forward? What are the remedies to
    reform 18th Amendment
    PCCR (parliamentary committee on Constitutional reforms)
    was formed in 2009. Conduct 77 meetings, evaluate 986
    proposals by incorporating the input from all walks of life.

    18TH Unanimously approved by parliament (not a single negative


    vote) on April 8, 2010.
    AMENDMENT:
    AN
    Signed by the president and became law on April 19, 2020
    INTRODUCTION
    Biggest Amendment in the history of Pakistan: This single
    amendment consists of 104 changes in the constitution
    HOW 18TH AMENDMENT
    STRENGTHENS THE FEDERATION
    OF PAKISTAN? WHAT ARE ITS
    POSITIVE POINTS?
    IT TRIES TO •It ensures provincial autonomy by abolishing concurrent list from the
    constitution. Revives the true nature of federation. Article 70(4)
    IMPROVE
    INTER- Federal Legislative list Federal Legislative list
    PROVINCIAL (Part 1) 59 subjects (part 2) 11 subjects
    Authority to legislate: only Authority: Joint center and
    AND center provincial (CCI)
    CENTER- Defense, External affairs,
    Nationality, currency,
    Electricity, major ports,
    National Planning and
    PROVINCIAL Federal Agencies, Nuclear National coordination, Inter
    energy, Postal and provincial matters, mineral
    RELATIONS communication, Foreign oil Gas, etc.
    exchange etc.

    •To understand this point we have to discuss few point of 1956, 1962,
    1973 constitutions)
    IT TRIES TO • It engenders the more effective mechanism of distribution of financial
    resources among federating units and center. This mechanism is called
    IMPROVE NFC Award., mention in article 160 (3a) of constitution of Pakistan.
    INTER-
    PROVINCIAL
    AND
    CENTER-
    PROVINCIAL
    RELATIONS • Share of center and provinces before and after 18Th Amendment (7th NFC
    Award)

    Before After
    Centre 53.% 42.5%
    Provinces 46.5% 57.%
    IT TRIES TO •Distribution among before and after 18Th Amendment (7th NFC
    Award)
    IMPROVE
    INTER-
    PROVINCIAL
    AND
    CENTER-
    PROVINCIAL
    RELATIONS
    •It acknowledges the 50pc royalty of province over natural
    resource. Article 173(2)
    •It established democratic platforms like Council of Common
    interest, deals with federal legislative list part 2, to solve the inter-
    provincial issues amicably. Article (153 154)
    IT STRENGTHENS
    THE DEMOCRATIC
    STRUCTURE OF
    THE FEDERATION
    OF PAKISTAN.
    HOW?
    IT •Expand the scope of Article 6 (High Treason). Reduce the
    STRENGTHENS probability of Martial laws in the country
    THE •Reduce the prospects of undemocratic practice is the country
    DEMOCRATIC like dissolving of elected assemblies.
    STRUCTURE OF •It strengthens the democratic institutions. Senate, Election
    THE Commission and Political parties
    FEDERATION •It ensures fundamental rights: Right to free Education (Article
    OF PAKISTAN. 25A), Right to Information (Article 19A), Right to Free and
    fair Trial (Article 10A)
    •It ensures the establishment of local government. Article 140
    A
    GREATER
    CLARITY IN
    GOVERNMENT’S
    ACCOUNTABILIT
    Y
    Silence the
    nationalistic forces
    GREATER
    CLARITY IN
    GOVERNMENT’S Forestall the
    ACCOUNTABILITY
    secessionist tendencies
    DEFICIENCIES AND RISKS
    INVOLVED IN 18TH
    AMENDMENT/WHY IS THERE A
    TALK OF REVOKING THE
    AMENDMENT?
    WHY IS •7th NFC Award trigger financial crisis for Centre.

    THERE A 1. Increasing debt obligation and defense requirements

    TALK OF 2. Thus the federal government's combined total tax and non-tax
    revenue (revised estimates) for last year was 2.66 trillion rupees
    REVOKING giving a shortfall of 0.62 billion rupees with respect to meeting

    THE just the two largest budgetary items.

    AMENDMEN 3. Border Fencing issue

    T? 4. TF-88 issue
    5. Fata merger problem
    • Issue of incapacity in provincial governments
    • Risk of Macroeconomic stability of unrestricted provincial
    borrowings.
    • Problem of Contradictory Standards
    WHY IS
    THERE A •Issue of Local government structure: Provinces deliberately tri
    to weaken the LG system’
    TALK OF
    REVOKING
    •CCI: The government within the government
    THE
    AMENDMEN
    T?
    SHOULD WE REVOKE 18TH
    AMENDMENT?
    SHOULD WE •The federation will be weaken

    REVOKE •Provincial and nationalistic forces will become strong

    18TH •Inter-provincial and center-provincial disputes will be

    AMENDMEN increased

    T? NO •The whole national unity will be disturbed

    Federalism is in the root cause of Pakistan. If anyone tries to


    weaken it or do away with it, it will bring unimaginable
    negative impacts for the state of Pakistan. Raza Rabbani

    The muted rumors about rolling back 18th Amendment will


    alienate provinces and undermine the federation by pitting
    federating units against the center. Raza Rabbani

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