This is research paper to discuss the importance of the 18th amendment

1. Hybrid Conference
The Constitution of Pakistan Lesson for the Next 50 Years
Research Paper on:
Contentions in Implementing 18th Amendment in Balochistan
Bakht Noor Nasar
Muhammad Farooq
Marium Khan

2. Table of Content
ABSTRACT ...................................................................................................... 3
Introduction:...................................................................................................... 4
Constitutional Shifts in Executive Powers ......................................................... 4
a) Executive Authority Reallocation ............................................................ 5
b) Provincial Emergency Imposition............................................................ 5
c) Dissolution of the National Assembly ..................................................... 5
d) Presidential Appointments and Time Constraints ................................... 5
Natural Resources and Funds Distribution Mechanism after the 18th
Amendment ...................................................................................................... 6
a) Criminal Law.............................................................................................. 7
b) National Accountability Law ......................................................................... 8
c) Police Laws................................................................................................... 8
d) Terrorism and National Security................................................................... 9
Central Government's Perspective:................................................................... 9
Provincial Perspective:.................................................................................... 10
Conclusion:..................................................................................................... 10

3. ABSTRACT
The 18th constitutional amendment is considered a milestone of constitutional development in
Pakistan for a federal system of governance and administration. This amendment if
implemented in letter and spirit, can usher Pakistan on the path of a federal democracy, as
envisaged by its founding fathers. However, given the scale and magnitude of the changes it
brought to the existing administrative structure, it was not a smooth ride to implement the
amendment. Therefore, besides jubilance, there are concerns over its implementation
mechanisms.
The primary success of the 18th
Amendment was the devolution of powers from the center to the
provinces. The amendment enables provinces to take charge of certain departments and sectors
at the provincial level. For instance, the 18th Amendment authorizes the provinces under Article
157 of the constitution to receive the net profits of natural resources generated in the respective
provinces. Under Article 158 of the constitution, the province in which a well-head of natural
gas is situated shall have precedence over other parts of Pakistan. Balochistan and Khyber
provinces have concerns about the gas distribution. These issues, among others, have resulted
in a bone of contention between the federation and provinces.
This paper shall look into the years after the 18th
Amendment. Particularly, the regulatory and
legislative complexities that have arisen in the wake of the amendment. This paper will
investigate the standpoints of centers and provinces, in the context of devolution and
decentralization. The focus of the paper will be the provisions of the 18th
Amendment, and the
consequential policies of the center and provinces. It will evaluate these policies, and
regulations of both the Center and Balochistan, against the objective and essence of the 18th
Amendment. Conclusively, the focus of the study is the implementation of the 18th
Amendment
in Balochistan. The progress will be assessed on the landmarks set by the 18th
constitutional
amendment.

4. Introduction:
What happened after the 18th Amendment to a country’s constitution?
This paper delves into the profound constitutional changes brought about by the 18th
Amendment to the 1973 Constitution of Pakistan, specifically focusing on the significant
transformations in executive authority and the President's role. These amendments redefined
the President's position from a titular head to a figure with significantly reduced powers,
augmenting the authority of the Parliament and the Prime Minister. The paper elucidates key
alterations in the allocation of executive powers, the dissolution of the National Assembly, the
imposition of emergency, and the President's role in various appointments. It also highlights the
time-bound constraints imposed on the President's decision-making processes. Furthermore, the
paper underscores the pivotal role played by the Parliament, including the Senate, in
safeguarding provincial rights against undue federal interference.
The 18th Amendment to the Constitution of Pakistan, ratified in April 2010, is arguably the
most significant revision with 102 Amendment in this Constitution of 1973 , bearing profound
and far-reaching implications by deletion of Fourth schedule of as concurrent legislative list.
There was 47 subjects on which both Federal Parliament and provincial assembly could legislate
and It reinstated the constitutional framework's parliamentary essence, redefined the dynamic
between the Parliament and the judiciary by proposing parliamentary oversight in the
appointment of high-ranking judges, and delegated numerous critical functions to Provincial
Governments. This decentralization of responsibilities and powers set the stage for various
institutional stakeholders to reevaluate their roles within a contested arena during the post-
Amendment years. Nevertheless, the effective execution of these changes has encountered
substantial challenges, primarily due to both overt and covert resistance from the federal
bureaucracy, which typically opposes any transfer of resources and authority.
The Eighteenth Amendment has strengthened the concept of participatory management by the
Federation and the federating units and has enhanced the role of the Council of Common
Interests. Article 154(1) of the Constitution provides that the Council of Common Interests shall
formulate and regulate policies in relation to matters in Part-II of the Federal Legislative List
and shall exercise supervision and control over related institutions. Meetings of the Council of
Common Interests are chaired by the Prime Minister and the Council of Common Interests must
meet at least once in ninety days
Constitutional Shifts in Executive Powers
The 18th Amendment to the 1973 Constitution of Pakistan ushered in a new era of executive
governance, fundamentally altering the distribution of powers within the state apparatus. This
paper examines the legal intricacies of these amendments, shedding light on the transformative

5. impact they had on the President's role, the Prime Minister's authority, and the relationship
between the executive and legislative branches.
a) Executive Authority Reallocation
Before the 18th Amendment, the President wielded substantial executive authority, capable of
exercising it directly or through delegated officers. However, the amended Article 90
unequivocally transferred the executive authority of the federation to the Federal Government,
designating the Prime Minister as its chief executive. The Federal Government was granted the
prerogative to frame Rules of Business, a function previously vested in the President. Moreover,
the President's discretionary powers to delay Assembly sessions and appoint a Prime Minister
were abolished. Now, the Assembly must convene within 21 days after elections, with the
President obligated to invite the elected Prime Minister to assume office.
b) Provincial Emergency Imposition
The amendment to Article 232 curtailed the President's authority to declare emergencies in
provinces. Under the revised Article, a provincial emergency proclamation necessitates
approval by the concerned Provincial Assembly. If the President acts discretionarily, Parliament
must approve the proclamation within 10 days; failure to secure approval renders the declaration
ineffective within two months. While fundamental rights may still be suspended during
emergencies (Article 233), each such order must be presented separately to both Houses of
Parliament, granting the Senate a pivotal role in preserving provincial rights.
c) Dissolution of the National Assembly
Amendments to Article 58 eliminated the contentious 2(B) clause, which had empowered the
President to dissolve the National Assembly at their discretion. Following these changes,
dissolution can only occur upon the Prime Minister's advice or after a vote of no confidence in
the Prime Minister's leadership during a convened session, where no other member commands
the majority1
.
d) Presidential Appointments and Time Constraints
The President's powers regarding appointments, such as governors, Federal Public Service
Commission chairmen, and services chiefs, were redefined. These appointments now hinge on
Unstable Constitutionalism: Law and Politics in South Asia, Mark Tushnet (ed.) and Madhav Khosla (ed.), (Cambridge:
Cambridge University Press, 2015)
1
http://ndl.ethernet.edu.et/bitstream/123456789/56920/1/Mark%20Tushnet.pdf

6. the binding advice of the Prime Minister, subject to specified time limits. The President's assent
to a Parliament-passed bill must occur within 10 days. Additionally, the President's
discretionary authority to refer questions to a referendum was eliminated, mirroring similar
reductions in gubernatorial powers at the provincial level.
The 18th Amendment Pakistan's Constitution marked a pivotal shift in the distribution of
executive powers, diminishing the President's role and enhancing parliamentary authority.
These amendments fortified the position of the Prime Minister, reinforced parliamentary checks
and balances, and stipulated time-bound procedures for executive decisions. In essence, they
realigned the constitutional framework to bolster democratic principles and the rule of law.
Natural Resources and Funds Distribution Mechanism after the 18th Amendment
After enactment of the 18th
Amendment reforms were brought to seek out the problems of
provinces regarding their share in funds in lieu of natural resources and collected revenue
distribution. Article 158 deals with the priority of the requirements of natural gas, the province
in which well-head of the natural gas is situated shall have precedence over another part of
Pakistan but sadly the current statistics are almost against this article because the District Dera
Bugti Tehsil Sui produced Daily Average Production, 359 (Million Cubic feet per day ) MMcf/d
gas; 35 bbl condensate 2
and Balochistan has legitimate concerns about the gas distribution, as
only four out of 36 districts in Balochistan have gas supply. 23.37% of Pakistan's natural gas
reserves are located in the Sui area of Balochistan3
.
Article 161 deals with Natural gas and hydro-electric power and which guarantees the net
proceeds of the federal duty of excise on the natural gas levied at well-headed and collected by
the Federal government and royalty collected by the Federal Government shall not form the
Federal Consolidated Fund and shall be paid to the province in which well-headed of natural
gas is situated and same as the net proceeds of Federal excise on oil levied at well-headed and
collected by the Federal Government shall not form part of the Federal consolidated Fund and
shall be paid to the provinces in which well-headed is situated and net profit earned the Federal
Government from Bluk generation of power at hydro-electric station shall be paid that province
where hydro-electric station is situated. But the concerns of that provinces regarding royalty
and net hydro-power worth to mention that Federal Government did not pay the amount in this
lieu as per its vested shares.4
.
Rules and Laws and that got more complicated because of this Amendment
2
Pakistan Petroleum Limited Website
3
center-province-relations-a-historical-perspective.
https://pssr.org.pk/issues/v3/1/centre-province-relations-a-historical-perspective.pdf
4
Economic Survey 2021-22
https://www.finance.gov.pk/survey/chapter_22/Economic%20Survey%202021-22.pdf

7. Omission of the Concurrent Legislative List has granted the provincial assemblies with
exclusive powers to enact laws in respect of any matter that does not appear on the Federal
Legislative List. In addition, Article 142(b) of the Constitution has vested the provinces with
concurrent jurisdiction to legislate in respect of criminal law, criminal procedure and the law of
evidence. Article 142(c) provides that a Provincial Assembly shall and Majlis-e-Shoora
(Parliament) shall not have power to make laws with respect to any matter not enumerated in
the Federal Legislative List. After the constitutional amendment, in terms of Article 142(a), the
Majlis-e-Shoora (Parliament) can now only legislate on subjects contained in the Federal
Legislative List. As a consequence thereof, a large number of subjects and activities previously
being handled by Ministries/Divisions in the Federal Government are now being administered
exclusively by the provincial governments.
a) Criminal Law
The Eighteenth Constitutional Amendment was enacted after careful consideration. It reshaped
the landscape of public policy by abolishing the Concurrent Legislative List, leading to more
participatory management of new subjects included in the Federal Legislative List. This
amendment also involved revising Article 142(b), which delineated the authority of the federal
parliament and provincial assemblies in matters of criminal law, criminal procedure, and
evidence law. This resulted in establishing a clear relationship between the federal government
and the provinces in these domains.
Furthermore, the Eighteenth Amendment introduced a repugnancy test through Article 143,
which stipulated that any provincial legislation within the federal legislative competence would
be void, and federal legislation would prevail. Despite the significant role of the federation in
enforcing fundamental rights, the functioning of the criminal justice system, implementing anti-
terrorism laws, addressing internal disturbances, upholding international treaties, and
maintaining the federal service structure, some provincial legislatures have increasingly
asserted exclusive authority over criminal law matters. This contradicts both the text and the
legislative intent of the Eighteenth Amendment.
The traditional state monopoly on the use of force, particularly through criminal law and its
enforcement, is typically exercised by the federal government. To fulfill its constitutional duty,
the federation must ensure that each province's government operates following the Constitution.
Conversely, the provinces are obligated to exercise their executive authority while being subject
to and limited by the federal executive authority. While the Eighteenth Amendment grants
autonomy to provinces in enacting their laws, it also places restrictions on the powers devolved
to them by the federation. Notably, the amendment establishes the superiority of federal law,
allowing it to invalidate any provincial law that contradicts it, regardless of the timing of
enactment. However, the perception of provinces having exclusive jurisdiction in criminal

8. matters has persisted over the past decade, as evidenced by the legislation in various selected
areas.
b) National Accountability Law
The National Accountability Bureau (NAB) stands as an independent institution established by
federal law. However, a noteworthy development emerged when the Sindh Provincial
Assembly took action by passing the National Accountability Ordinance 1999 and the Sindh
Repeal Act 2017. These legislative maneuvers aimed at nullifying the federal anti-corruption
legislation's authority within the confines of Sindh province.
The Sindh Repeal Act 2017 is characterized by an extensive preamble that meticulously
articulates the grounds and rationale for the province's desire to distance itself from the federal
anti-corruption law. Notably, it's important to underscore that this legislative action had faced
legal challenges previously, most notably from Pakistan Tehreek-e-Insaaf in 2017.
However, it is essential to recognize that such provincial legislation, despite its intent, stands
on shaky legal ground. It appears to disregard the constitutional provisions articulated in Article
143, rendering it technically void. Yet, the formal declaration of repugnancy, which would
declare this provincial legislation inconsistent with federal law, necessitates adjudication by a
court of law. Thus, the legal landscape is poised for further exploration and clarification in this
complex interplay between federal and provincial authorities.
c) Police Laws
After the Eighteenth Amendment, all provinces in Pakistan asserted their authority over the
'police' domain, even though Article 143 of the Constitution seemed to suggest otherwise. Each
province created its police laws, with Sindh being the pioneer in this regard. However, tensions
arose in 2016 when the appointment of the Inspector General of Police (IGP) became a point of
contention, leading to legal challenges in the Sindh High Court and later the Supreme Court of
Pakistan. Surprisingly, the Supreme Court determined that 'police' was a 'concurrent' subject,
setting the stage for further legal battles. Subsequent litigation resulted in the introduction of a
new police law, which is now facing scrutiny, particularly regarding the removal of the IGP and
transfers of Police Service of Pakistan (PSP) cadre officers.
In 2011, Balochistan followed suit by enacting a new police law, essentially reviving the old
colonial Police Act of 1861. This move faced legal challenges in the Balochistan High Court,
but the IGP was granted powers to transfer/post PSP officers while finalizing the rules. Punjab,
as the next province, adopted the Police Order of 2002, amending it in 2013 and 2017. Lastly,
Khyber Pakhtunkhwa (KP) also established its police law.

9. Recognizing the importance of this matter, the Police Reforms Committee Report of 2019
proposed a model police law after extensive discussions on the constitutionality of police laws
in Pakistan. This placed a central role for the federal government in the appointment of Inspector
Generals of Police (IGPs) across provincial police departments. While the courts have generally
shown deference to the federal authority, based on constitutional provisions like Articles 142(b),
143, and 240, it's crucial to remember that court orders cannot replace the federation's leadership
over the provinces or alter the federalist interpretation of constitutional provisions introduced
by the Eighteenth Amendment.
d) Terrorism and National Security
The Anti-Terrorism Act of 1997 is a big deal for national security. It's a federal law, but both
federal and provincial organizations work together to make it happen. We need this law to meet
international standards set by the FATF, and it connects with other federal laws and
international rules. To make it work, everyone has to follow the rules for how crimes are
handled, the procedures we use, and the evidence we collect. And don't forget, the federal
government has a major say in this, according to Article 137 of the Constitution.
The Eighteenth Amendment, although eliminating the Concurrent Legislative List, delegated
authority to the provinces, as evidenced by Articles 142 (b) and 143 of the Constitution. The
federal government's role in upholding fundamental rights, enacting uniform police legislation,
handling internal disturbances, and exercising executive authority in conjunction with the
provinces remains unchanged. Contrary to the common belief that the federation has no
jurisdiction over provincial law and order, it's important to note that the state's responsibility in
these areas is a shared one between the federal and provincial entities.
Central Government's Perspective:
The central government occasionally expressed reservations regarding the scope of power
decentralization to provincial entities. Certain federal officials voiced concerns that such
decentralization could potentially undermine the authority of the central government and
impede coordinated decision-making on matters of national significance. It is imperative to
note, however, that the central government fundamentally supported the concept of heightened
provincial autonomy, as it constituted an integral component of the broader democratic reform
agenda.
Example: Federal officials were apprehensive that the transfer of authority over natural
resources to provinces might lead to disparities in resource management, potentially affecting
the nation's economic stability.

10. Provincial Perspective:
Provincial governments, by and large, embraced the 18th Amendment as it afforded them
increased control over various domains, encompassing areas such as education, healthcare, and
natural resource management. This was perceived as a positive stride towards ameliorating
regional disparities and ensuring that local regions possessed substantive influence over their
developmental trajectories.
Example: The delegation of educational powers to provinces enabled them to tailor education
policies to their specific needs, thereby potentially enhancing the quality of education in diverse
regions.
Conclusion:
The core tenet of federalism, often expressed as "Federalism is legalism," finds its embodiment
in the constitutional framework of Pakistan. The Pakistani Constitution meticulously delineates
the allocation of legislative authority between the central government and the provincial
entities, effectively binding legislative competence and executive power within constitutional
parameters.
To appreciate this abstract concept, it is imperative to delve into the historical roots of
constitutional federalism in Pakistan. The genesis can be traced back to the Government of India
Act of 1935 where the centre was authorized to leglislate in 61 items , which envisaged a federal
system of governance. This act artfully partitioned legislative powers into three distinct lists:
one for the central authority, one for the provinces, and a third for shared governance,
denominated as the concurrent sphere. This foundational scheme endured through the Indian
Independence Act of 1947 and the 1956 Constitution of the Islamic Republic of Pakistan where
the centre could legislate 30 items. However, a departure from this tripartite legislative system
occurred with the 1962 Constitution with having power to legislate in 49 items, which, while
preserving a centralized governance model, reduced the legislative lists to a single entity. The
revival of the "three legislative lists" system came with the 1972 Interim Constitution,
reasserting the distribution of legislative powers according to these lists.
During the drafting of the existing 1973 Constitution, the nature of government retained its
federal and centralized character, yet the number of legislative lists was trimmed from three to
two. This constitutional evolution, marked by intermittent changes, underscores how the
relationship between the central government and the provinces has been governed through the
allocation of legislative powers. Crucially, the distribution of these powers profoundly impacts
government functionality as it delineates the lines of responsibility and authority.

11. In 2010, a pivotal transformation occurred with the passage of the Eighteenth Amendment to
the 1973 Constitution. This amendment ushered in a significant shift of powers from the federal
government to the provinces. Subjects, ministries, and legislative matters that were previously
under federal jurisdiction were now placed under provincial control. Notably, the Eighteenth
Amendment abolished the Concurrent Legislative List, thereby expanding the domains of
authority and responsibility for the provinces. Simultaneously, this amendment made
substantial changes to two core constitutional provisions, Articles 142 and 143. These
modifications established an interoperable framework, fundamentally redefining the dynamics
between the central government and the provinces, particularly in the realms of criminal law,
criminal procedure, and evidence law.
In light of this historical context, it is imperative that for an amendment as profound as the 18th
constitutional amendment there should be a broad based secretariat of legal experts and senior
bureaucrats who can work for devolution of power to provincial departments. Such a secretariat
shall guide the provincial authorities/departments to ensure that they take the charge of their
respective portfolio efficiently without legal and procedural haphazard.

12. REFERENCES:
Unstable Constitutionalism: Law and Politics in South Asia, Mark Tushnet (ed.) and Madhav
Khosla (ed.), (Cambridge: Cambridge University Press, 2015)
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Pakistan Petroleum Limited Website:
Economic Survey 2021-22
https://www.finance.gov.pk/survey/chapter_22/Economic%20Survey%202021-22.pdf
Contested Natural Resources Access and Benefit Sharing
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Centre to clear billions in arrears, Express Tribune
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The Constitution of the Islamic Republic of Pakistan:
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Economic Survey 2021-22
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Police Reforms Committee Report of 2019
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