Rahmatullah Buriro
A new debate has arisen in the political and constitutional circles of the country. It is the proposed 27th Constitutional Amendment, which is being discussed at the federal level. On the surface, this amendment is being presented in the name of “administrative reforms”, but in reality it has two important and sensitive aspects: a review of the constitutional protection of the share of the provinces in the NFC Award, and an amendment related to the orders and command of the armed forces in Article 243. Both these proposals will not only affect the constitutional balance, but can also have a long-term impact on the federal structure of the country and provincial autonomy.
Protection of NFC Award, a constitutional guarantee.
Article 160(3A) of the Constitution clearly states that the share of the provinces will not be less than the previous award.
This same principle maintains the basic balance of the federal structure of Pakistan.
If the federal government is given the power to reduce the share of the provinces for any reason, then it will be against the spirit of the Constitution. After the 18th Amendment, provincial powers increased, sources of revenue became clear, and provinces gained confidence in the budget. Now if this protection is removed or weakened, then central control will increase again in the distribution of federal resources. Which can be called a return to the conditions of the 1990s. The provinces, especially Sindh and Balochistan, have always maintained that their shares in the resources should be naturally higher, because these provinces generate a large share of the national income. This was recognized through balanced distribution through the NFC Award. Now if this balance is broken, not only will a fiscal crisis arise but a sense of provincial deprivation may also increase.
Amendment to Article 243: Change in the balance of power? Article 243 is a provision of the Constitution that states that the supreme command of the armed forces is vested in the state, and the president shall appoint them on the advice of the prime minister. This provision constitutionalizes the balance of military and civilian powers.
Through the proposed amendment, it has been reported that the government wants to add a new definition for “military command structure and administrative reform”. But political circles believe that the amendment is actually an attempt to increase federal influence and redefine the boundaries of command.
Will this amendment reduce the autonomy of the military leadership or bring more transparency in the government’s strategy? This question is still open. But one thing is clear that whenever there is a change in the balance of power, its political and constitutional implications go far. The new challenge of federalism
Pakistan is a federal state and the real value of federalism lies in balance, trust and participation.
If any amendment makes the provinces feel that their resources or powers are being reduced, then it will be detrimental to the federal unity. This is why the PPP and other provincial parties are talking about moving forward cautiously. Bilawal Bhutto Zardari has also said that the government has asked for support on the amendment draft, but the party will take a stand only after a detailed review. Parties like Tehreek-e-Insaf, Qaumi Watan Party and Balochistan National Party call it a “dangerous signal” for the federal system. The 27th Constitutional Amendment, if introduced in its current form, could affect the spirit of the country’s federal structure. The loss of the value of protection in the NFC will affect the financial autonomy of the provinces, while the amendment to Article 243 will create a new balance of government and military powers.
We should not forget that the stability of federalism lies not only in the words of the constitution, but in the sense of action. If the provinces do not feel equality and trust, then every amendment will create unrest instead of stability. In this complicated situation, the PML-N leadership and the PPP leadership should jointly involve all the political and parliamentary parties of the country, including the heads of the state’s stakeholder institutions, in the consultation. Raising the question of the autonomy of the provinces and the distribution of provincial finances will create a test for the federation, which is also extremely inappropriate. Therefore, the government and its allies should seriously consider the above-mentioned issue. In the current political, economic and regional situation of the country, bringing these issues to the fore is nothing less than opening a new Pandora’s box. It is hoped that the leadership of the Pakistan People’s Party, under the leadership and advice of President Asif Ali Zardari, will try to resolve this important 27th Constitutional Amendment issue in a manner that respects political, constitutional and provincial rights, keeping in mind the political, constitutional and governmental decisions made in its historical political background.
