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Provincial Autonomy and 18th Amendment in Constitution of Pakistan 1973.

Muhammad Ali
Young Parliamentary Associate

Abstract
The 18th amendment in Constitution of 1973 is a bold step towards strengthening the democratic
set up of Pakistan. The object of Provincial Autonomy is secured by abolishing the Concurrent
List and involvement of provinces in legislation on subjects mentioned in Federal Legislative
List II. The 18th amendment has empowered the provinces to legislate on many important matters
exclusively and at the same time made them more responsible.

Key Words: Constitution, Amendment, Legislature, Autonomy


Introduction
A constitution is a set of fundamental principles or established precedents according to which a
state or other organization is governedi, it is the basic principles and laws of a nation, state, or
social group that determine the powers and duties of the government and guarantee certain rights
to the people in it.ii In public law. The organic and fundamental law of a nation or state, which
may be written or unwritten, establishing the character and conception of Its government, laying
the basic principles to which its internal life is to be conformed, organizing the government, and
regulating, distributing, and limiting the functions of its different departments, and prescribing
the extent and manner of the exercise of sovereign powers. In a more general sense, any
fundamental or important law or edict; as the Novel Constitutions of Justinian; the Constitutions
of Clarendon.iii It is very clear an obvious that constitution is the document to provide basis for
the running of any state. Constitution basically depicts the ideology of a state. It defines working
of different institutions of a state. The relation between different organs of a state is also provided
by the constitution. The Constitution is the supreme law of land and any ultra vires is considered
null and void.

The Constitution of Pakistan is supreme law of Pakistan. It defines Pakistan as a federation


which is an Islamic welfare state, ensuring democracy in parliamentary form of government.
The territorial limits of Pakistan are defined under Article 1 of the Constitution and it includes,
the Provinces of Balochistan, Khyber Pakthunkhwa, Punjab and Sindh, and the Islamabad
Capital Territory, and Federally Administered Tribal Areas, and such States and territories as are
or may be included in Pakistan, whether by accession or otherwise.

The demand of provincial autonomy was there from the very first day. Autonomy means the
quality or state of being self-governing; especially: the right of self-government.iv The provinces
in Pakistan always wanted to have control over their own affairs.

Background: Provincial Autonomy and Constitutions of 1956 and 1962


Debate on the issue of provincial autonomy was started with the creation of Pakistan. It was an
issue of significant importance before independence but it was highlighted more than ever after
independence. In the early years of Pakistan, before the separation of eastern wing, the issue of
provincial autonomy arose in two contexts. The first was representation of provinces in the
federal legislature. East Pakistan had 55 per cent of total population but only 15 per cent of total
land area and was a single province. On the other hand, West Pakistan consists of four provinces
containing 85 per cent of total land area but 45 per cent of total population. East Pakistan had
emphasized on population based representation in federal legislature and West Pakistan on unit
based representation. This difference was so dominant that no constitution was made even after
the nine years of independence despite of the fact that clear guide lines for constitution building
were provided in the Objectives Resolution of 1949.
From 1947 to 1956, every power was exercised by the federal government. In fact, it was total
political chaos, one man shows, shuffling of governments and imposition of personal choice
were obvious phenomenon. The issue of representation was resolved in 1956s constitution by
declaring West Pakistan a single unit thus both wings were provided equal representation by
equal number of seats in unicameral legislature. This scheme was known as One Unit and
although, it was dissolved in 1959 but the issue of representation was tackled in 1965s

constitution by election of 80 thousand Basic Democracy (BD) members, 40 thousand from each
wing.
In 1973s constitution, there is equal number of seats for all four provinces in upper house, the
Senate. National Assembly, the lower house has population based representation from each unit.
The second aspect of provincial autonomy is division of powers between federation and
provinces. It is believed that federation basically is the voluntary association of the units or
provinces in case of Pakistan. In 1956s constitution, three lists were provided in fifth schedule; i.
Federal List, ii. Provincial List, and iii. Concurrent List. The provincial legislature could
exclusively legislate on 94 subjects mentioned in Provincial list, on 19 subjects with federal
legislature, provided in concurrent list, and also on residuary subjects with federal legislature.
The federal legislature was dominant as it could exclusively legislate on 30 subjects, on 19
subjects with provincial legislature provided in concurrent list and on residuary subjects. The
federal legislature had overriding powers over provincial legislature. The Constitution of 1956
had made Federation very powerful by bestowing tens of powers as compared to provinces.
The Constitution of 1962 followed a similar division. The Third schedule of constitution had
empowered federal legislature to legislate exclusively, and provinces were given power to
legislate on any subject not provided in third schedule. But federal legislature was also
empowered to legislate on any subject not incorporated in third schedule; furthermore, it could
override any provincial law and invalidate it, if inconsistent with federal law. The federal
government was very powerful than provincial governments and even the executive authority of
a province was exercised by Governor, who was an appointee of President.

Provincial Autonomy: Constitution of 1973 before 18th Amendment


The constitution of 1973 originally provided two legislative lists under its fourth schedule,
Federal List and Concurrent List. Provinces had exclusive power to legislate on any subject not
provided in any list. There were 67 subjects in federal list. In case of concurrent list, federal
legislature had power to override any law made by provincial legislature.
The constitution of 1973 was framed after the unfortunate event of separation of East Pakistan.
The separation movement that ultimately led to the creation of Bangladesh was basically

instigated by six points of Mujib ur Rahman. Six points by Mujib ur Rahman were an extreme of
provincial autonomy.
Keeping in view what had happened earlier, some valuable additions were made in the
constitution of 1973 to secure provincial autonomy and to provide safeguard to provinces against
any injustice in any regard. A council of common interest was established under article 153. The
council is constituted by the President and comprised of Chief Ministers of the provinces and
equal number of the members from the federal government nominated by the Prime Minister.
The councils basic function is to regulate matters between the federation and provinces. For the
solution of disputes of financial nature and economic problems, the National Economic Council
was established. Special provisions for the supply and distribution of electricity, requirement of
natural gas and broadcasting and telecasting were provided. The federal government is to collect
duty of excise on natural gas and to pay it to province where the well head of natural gas is
situated. The profits collected by the federal government on power generated at a hydro-electric
station are payable to the province where it is located.

18th Amendment in 1973s Constitution


The 18th amendment in 1973s constitution is made in accordance with the will of the people of
the Pakistan it became expeditious for parliamentarians to have a joint sitting of both the houses
and unanimously passed the bill, which is called the 18th amendment Bill for devolving powers to
the provinces at grass root level. This amendment is an initiative taken by a democratic
government. As democracy is the government of people by the people for the people, the powers
are transferred to the provinces to legislate accordingly. The 18th amendment has brought almost
100 changes in 1973s constitution, it has affected 83 Articles which are: 1, 6, 10, 17, 19, 25, 27,
29, 38, 41, 46, 48, 51, 58, 62, 63, 70,71, 73, 75,89, 90, 91,92, 99, 100, 101, 104, 105, 112, 116,
122, 129, 130, 131, 132, 139, 140, 142, 143, 144, 147, 149, 153, 154, 155, 156, 157, 160, 167,
168, 170, 171, 172, 175, 177, 193, 194, 198, 199, 200, 203, 209, 213, 215, 216, 218, 219, 221,
224, 226, 228, 232, 233, 234, 242, 243, 246, 260, 267, 268, 269 and 270, as far as provincial
autonomy is concerned, Articles 70, 142, 143, 144, 149, 157, 160, 161, 167, 172, 232, 233 and
234 are either fully or partially altered. It has abolished the concurrent list, thus empowering the
provinces to legislate exclusively on the subjects not provided in federal list.

It commenced on the date of 20 April 2010.

Federal Legislative List I: before and after 18th amendment and Impact
There are two lists mentioned in Schedule IV of constitution: Federal legislative list and
concurrent Legislative List, these two lists are the main source of legislation in our country.
Federal legislative list define the extent of provincial autonomy and relation between the
federation and its federating units. It contains 59 subjects which is exclusive domain of
Federation. Following are the changes in Federal Legislative List I after 18th amendment.

1. After amendment the in the Entry No.18. Nuclear energy, Boilers moved from Entry 29 of
concurrent legislative list, placing under exclusive domain of federation.
2. Entry No. 21 is Omitted and Moved from the Federal Legislative List Part I to Federal
Legislative List Part II at serial number 5. The entry and the resources and related institutions
thereof will now c o m e u n d e r t h e j o i n t supervision and control of the Federation and
the Provinces to be exercised by the Council of Common Interest.
3. Entry No 32 National planning and N at i o n al e co n o mi c c o - ordination including planning
and co-ordination of scientific and technological research is substituted by International treaties,
Conventions

and

agreements

and

International

arbitration.

The

old entry moved to Federal Legislative List Part II at Serial number 7. The substitutedentry
and

the r e s o u r c e s a n d r e l a t e d institutions thereof will now c o m e u n d e r t h e

j o i n t supervision and control of the Federation and the provinces to be exercised through
the Council of Common Interest.
4. Entry No. 33, State Lotteries is deleted from the Federal Legislative list Part I and not included
in any other list. Hence automatically devolved to the provinces.
5. Entry

No.

38,

Census

is

old entry moved to Federal Legislative

Substituted
List

Part

by
II

new

entry.

at serial number 9.

The
The

substituted entry and the r e s o u r c e s a n d r e l a t e d institutions thereof will now c o m e


u n d e r t h e j o i n t supervision and control of the Federation and the Provinces to be
exercised through the Council of Common Interest.
6. Entry No. 40 regarding extension of the powers and jurisdiction of members of a police force

belonging to any Province to any area in another Province, but not so as to enable the
police of one Province to exercise powers and jurisdiction in another Province without
the consent of the Government of that Province; extension of the powers and
jurisdiction of members of a police force belonging to any Province to railway areas
outside that Province, is omitted and Substituted by new entry. The old entry moved to
Federal Legislative ListPart II at serial number 10. The substituted entry and the r e s o u r c e s
a n d r e l a t e d institutions thereof will now c o m e u n d e r t h e j o i n t supervision and
control of the Federation and the Provinces to be exercised through the Council of Common
Interest.
7. Entry No. 45 about Duties in respect of Succession to property is deleted from

the

Federal

Legislative list Part I and not included in any other list. Hence automatically devolved to
the provinces.
8. Entry No. 46 regarding Estate duty in respect of property is deleted

from

the

Federal

Legislative list Part I and not included in any other list. Hence automatically devolved to
the provinces.
9. Entry No. 49 about Taxes on the sales and purchases of goods imported e x p o r t e d ,
p r o d u c e d , manufactured or consumed, is amended by insertion of new words, except
sales tax on services in the end. The insertion of new words excludes sales tax on services
f r o m t h e d o m a i n o f Federation. The subject is the exclusive domain of the
provinces.
10. Amendment in Entry No. 50 has empowered the federation to tax the capital gain on
immovable property.

Federal Legislative List II: before and after 18th amendment and Impact
It contains 18 subjects which are exclusive domain of Council of Common Interest. After the
18th amendment, Concurrent Legislative List was abolished bringing all subjects contained
therein, with certain exceptions, under the exclusive domain of provinces. Subjects like
Lotteries, duties in respect of succession to property and estate duty in respect of property were
deleted from Federal Legislative List-I bringing them in the exclusive domain of provinces.
Few subjects from Federal Legislative List-I like major ports, national planning and national
economic coordination, census and extension of powers of police force to other provinces, and
few from Concurrent Legislative List like electricity and legal, medical and other professions

were moved to Federal Legislative List-II; besides, some new entries like regulatory authorities
under federal law, supervision and management of public debt, standards in higher education
institutions and interprovincial matters and coordination were added thereby enhancing the list
of subjects under the supervision of Council of Common Interest.
These changes in the Federal List has increased provincial autonomy and enhanced list of areas
for Council of Common Interest now Provinces under the purview of Council of Common
Interest will be able to discuss the matters related to the new entries .It means that all policy
decisions on above mentioned subjects will henceforth be within the domain of the Council of
common Interests.
1.

Entries No. 1. Railways, 2. Mineral oil and natural gas; liq uid s an d
sub st ances declared by Federal Law to be dangerously inflammable, and 3.
Development of industries, where development under Federal control is declared
by Federal law to be expedient in the public interest; institutions, establishments, bodies
and corporations administered or managed by the Federal Government
immediately before the commencing day, including the Pakistan Water and Power
Development Authority and the Pakistan Industrial Development Corporation;
all undertakings, projects and schemes of such institutions, establishments, bodies
and corporations, industries, projects and undertakings owned wholly or partially
by the Federation or by a corporation set up by the Federation, are not amended
or changed. They are same as before.

2. Entry No.4 is now Electricity instead of Council of Common Interests. Old entry
now appear s at number 14 of this Part. The new entry e lectr icity
transferred from Entry 34 of concurrent legislative list.
3. In EntryNo.5 the words Major ports, that is to say, the declaration and delimitation of
such ports, replaced the words Fees in respect of any of the matters in this Part
but not including fees taken in any,. Old entry now appears at Number 15 of
this Part. The word court is replaced by and the constitution and Powers of port
authorities therein. The new entry transferred from Entry 21 of the Federal
Legislative List Part I. The entry and the resources and related institutions thereof
will now come under the joint supervision and control of the Federation and the
Provinces to be exercised through the Council of Common Interest.

4. In Entry No.6 the words, Offences against laws with respect to any of the matters
in this Part are replaced by All regulatory authorities established under a Federal
law. Old entry now appears at Number 16 of this Part. The new entry explicitly
places federal regulatory authorities under the control of Council of Common Interest.
5. In Entry No.7 the words Inquiries and statistics for the purposes of any of the
matters in this Part are replaced by National planning and national economic
coordination including Planning and coordination of scientific and technological
research. Old entry now appears at number 17 of this Part. The new entry transferred
from Entry 32 of the Federal Legislative List Part I. The entry and the resources and
related institutions thereof will now come under the joint supervision and control of
the Federation and the Provinces to be exercised through the Council of Common
Interest.
6. In Entry No.8 Matters incidental or ancillary to any matter enumerated in this
Part are replaced by Supervision and management of public debt. Old entry now
appears at number 18 of this Part. The new entry and the resources and related
institutions thereof will now come under the joint supervision and control of the
Federation and the Provinces to be exercised through the Council of Common
Interest.
7. Entry No.9, Census is moved from Entry 38 of the Federal Legislative List Part I.
The entry and the resources and related institutions thereof will now come under the
joint supervision and control of the Federation and the Provinces to be exercised
through the Council of Interest.
8. Entry No. 10 Extension of the powers and jurisdiction of members of a police force
belonging to any Province to any area in another Province, but not so as to enable the
police of one Province to exercise powers and jurisdiction in another Province without
the consent of the Government of that Province; extension of the powers and
jurisdiction of members of a police force belonging to any Province to railway areas
outside that Province is moved from Entry 40 of the Federal Legislative List Part I.
The entry and the resources and related institutions thereof will now come under the
joint supervision and control of the Federation and the Provinces to be exercised
through the Council of Common Interest.

9. Entry No.11 Legal, medical and other professions is transferred from Entry 43 of
concurrent list.
10. Entry No. 12 is Standards in institutions for higher education and research, scientific
and technical institutions, this new entry placing education above Grade 12 under
the joint supervision and control of the Federation and the Provinces to be
exercised through the Council of Common Interest. The old subject Curriculum,
syllabus, planning, and policy, centers of excellence and standards of education
appeared as Entry No.38 in concurrent list.
11. Entry No.13 is Inter-provincial matters and co-ordination, this new entry which
provides for co - o r d ina ti o n be tw ee n federation and provinces and also provides
mechanism to deal with inter-provincial matters.
12. Entry No. 14, Council of Common Interest, Entry No. 15, Fee in
respect of any matters in this Part but not including fees taken any
Court, Entry No. 16, Offences against laws with respect to any of
the matters in this Part, Entry No. 17, Inquiries and statistics for the
purposes of any of the matters in this Part and Entry No. 18, Matters
incidental or Ancillary to any matter enumerated in this Part, are renumbered only.

ABOLITION OF CONCURRENT LIST (AFTER 18TH AMENDMENT)


The Concurrent Legislative List had contained 47 subjects on which both federal and provincial
legislature could legislate. Now after 18th amendment as the Concurrent Legislative List is
abolished those subjects of previously existed Concurrent Legislative List are exclusive
domains of the provinces. However three subjects Criminal Laws, Criminal Procedure and Evidence
remain on which both the Parliament and the Provincial Legislatures can make laws. Some other significant points to
be noted are;
i.

The subject of 'boilers' insofar as they relate to nuclear energy has been transferred to the Federal List;

ii.

The subjects of 'National Planning and National Economic Co-ordination including Planning and Coordination of Scientific and Technological Research' at serial no.32 of the Federal List Part-I have been
transferred to serial no.7 of the Federal List Part-II. This transfer means that these matters shall henceforth
be under the over-all policy control of the Council of Common Interests;

iii.

In place of 'National Planning and National Economic Co-ordination, etc.' at serial no.32 of the Federal

List Part-I we now have "International treaties, conventions and agreements and International
Arbitration." These are new additions to the Federal List;
iv.

the subjects of 'Major Ports,' State Lotteries,' 'Census,' Extension of the powers and jurisdiction
of members of a police force belonging to any Province to any area in another Province,' Duties in
respect to succession to property,' and 'Estate Duty in respect of property' have been removed from Part-I of
the Federal List; 'Major Ports' has been added to the Federal List, Part-II.

i.

Federation's powers to levy taxes on sales and purchases no longer include power to levy sales tax on
services which is now therefore to be a provincial tax.

PROVINCIAL LEGISLATIVE SUBJECTS AFTER 18TH AMENDMENT


After of the 18th constitutional amendment, the Provinces will have more financial resources and
full autonomy. But now as the Concurrent List is abolished the responsibility is also greater.
Some very important subjects are now responsibility of the provinces. The responsibility is also
exclusive as the conferred jurisdiction is. Some of the subjects/matters from the deleted
Concurrent List are transferred to Part-II of the Federal List. The responsibilities that stand
transferred to the Provinces include:
1. Civil Procedure including law of limitation
2. Marriage and divorce, infants and minors, adoption
3. Wills, intestacy and succession
4. Arbitration
5. Contracts including partnership and agency
6. Trusts and trustees
7. Transfer of property
8. Actionable wrongs
9. Removal of prisoners from one Province to another
10. Preventive detention
11. Arms, fire-arms and ammunition
12. Explosives
13. Opium
14. Drugs and medicines
15. Infections and contagious diseases
16. Mental illness
17. Environmental pollution and ecology
18. Population planning and social welfare
19. Welfare of labour
20. Trade unions
21. Labour exchanges, employment information bureaus and training establishments
22. Safety of labour in mines, factories and oil-fields
23. Unemployment insurance

24. Shipping and Navigation on inland waterways


25. Mechanically propelled vehicles
26. Newspapers, books and printing presses
27. Evacuee property
28. Ancient and historical monuments
29. Curriculum, syllabus, planning, policy, centers of excellence and standards of education (except in institutions

of higher education and research and scientific and technical institutions)


30. Islamic education
31. Zakat
32. Production, censorship and exhibition of films
33. Tourism
34. Auqaf

Council of Common Interest


Council of Common Interest (CCI) was formed under Article 153 of the constitution. It was the
demand of small Provinces to have a body securing their rights. After the 18th Amendment, the
federal government can only legislate exclusively on subjects contained in Part I of the
Federal Legislative List. However legislation on the subjects in Part II of the Federal
Legislative List can be done after consultations with the provinces sitting in the Council
Common Interest.
Now, it is necessary for the Prime Minister to chair the meetings of the Council, before 18 th
amendment any Federal Minister, nominated by the Prime Minister could be Chairman of the
Council. The Council is required to meet at least once in ninety days. Further, from now on, it
has to submit an annual report to both houses of the Parliament, thus the Council is
responsible to Parliament. The Council is a bridge, connecting federation and provinces as far
as legislation is concerned. The Council is to regulate and formulate policies in relation to
matters in part II of the Federal Legislative List. The Council is a body to resolve disputes and
bridge the differences. The Council is to resolve issues fall in its ambit, especially to deal with
the Complaints as to interference with water supply according to Article 154 of the
Constitution. The Council is empowered to legislate and control the distribution water. The
Council basically has given voice to say of all the provinces so no province or unit feel
prejudiced.

National Economic Council


The National Economic Council is a permanent body created under Article 156 of the
Constitution. After 18th amendment, the composition of this Council is more authentic and
functions are more effective. The job of National Economic Council is to review the overall
economic condition of the country and to advise the Federal and Provincial Governments in
formulating plans to execute financial, commercial, social and economic policies. The
Council is more effective now as all four Chief Ministers are its members, before 18 th
amendment each member was nominated by President from each province.
After 18th amendment National Economic Council is empowered to sanction the guarantees
on the security of the Provincial Consolidated Fund within such limits and subjects to such
conditions as may be specified by the National Economic Council.
The provinces have also been given power to raise domestic or foreign loans with the
approval of the National Economic Council.

Provincial Autonomy: Role National Economic Council and Council of


Common Interest
The object of provincial autonomy is although achieved by abolishing the concurrent list but the
role Council of Common Interest and National Economic Council is very significant in this
regard. Federal legislature is supposed to consult provincial governments when legislating or
dealing with a subject mentioned in Federal Legislative List II. Council of Common Interest is
the forum where this consultation takes place. Council of Common Interest is a safeguards the
provincial autonomy in two ways. Firstly, there is equal representation of all the provinces in this
council and opinion and say of every province is of equal importance. No province feels
prejudiced and oppressed. After 18th amendment, it is mandatory for the Prime Minister to chair
the Council. In this way Chief Minister of every province is directly dealing with the Prime
Minister. Simply, provincial government is directly dealing with the federal government. It
makes provinces autonomous in expression of their opinion and contact with federal
government. Secondly, it gives security to the provinces that its opinion and view shall be
considered and shall not be ignored. There is nothing like federal government overriding any
provincial law without any justification. National Economic Council is also a constitutional body
like Council of Common Interest, it reviews the financial and economic conditions of the country
and makes policies in this regard. The provinces are also duly represented in it.

Position of various departments after 18th Constitutional Amendment


Agriculture
After 18th amendment under clause (9) of Article 270AA of Constitution, the Ministry of Food
and Agriculture along with all its Divisions /components ceased to exist with effect from 1st
July, 2011. The functions earlier allocated to Ministry stood devolved to the provinces or
relocated to the Ministries/ Divisions of the Federal Government. Further, the attached
departments/organizations of MINFA responsible for carrying out the above functions were
either allocated to the various Ministries/Divisions or abolished. One organization i.e. Soil
Survey of Pakistan was devolved to the provinces.
Cabinet Division by notification dated 26 October 2011 placed following functions under the
new National Food Security and Research Division.

1. From Planning and Development Division


i.. Economic coordination & Planning in respect of food
2. From Commerce Division
i.

Import and export of food grains and food stuff including quality control/assurance,
availability and storage

ii.

Plant Protection Pesticide Import and Standardization, Aerial Spray, Plant Quarantine
and locust control in its International aspect and maintenance of locusts warning
organization

iii.

Standardization and Import of Fertilizer

iv.

Administrative Control of PASSCO

3. From Cabinet Division


i.
Livestock and Dairy Development Board (LDDB)
ii.
Fisheries Development Board (FDB)
4. From Scientific and Technological Research
i.
Agricultural Policy Institute
ii.
Federal Seed certification and registration
iii. Pakistan Agriculture Research Council and other Federal Agriculture Research
Organization
5. From Economic Affairs Division
i.
Coordination with aid/assistance agencies in respect of food sector
ii.
FOA of United nations in respect of Food
6. From Statistics Division

i.

Collection of Statistics regarding production, consumption, prices, imports and


exports of food sector

7. From Textile Industry Division


i.

Administrative Control of Pakistan CentralCotton Committee

8. From IPC Division


i.
Pakistan Dairy Development Company
Health
After 18th Amendment of the Constitution, Health sector has been devolved to the Provinces
with administrative and financial autonomy. Federal Ministry of Health was abolished on 30th
June 2011. The functions have been spread to various Ministries/Divisions including Planning &
Development Division, Cabinet Division, Inter Provincial Coordination Division, Capital
Administration & Development Division, Economic Affairs Division and Interior Division. The
health functions retained at the federal level are:
National Planning
Coordination (with provinces and international development partners)
Funding of Vertical Programs in Health Sector
Regulation of Pharmaceutical Sector
International Health Regulations
Dealing with International Agreements and MoUs
Training Abroad
After 18th Amendment, the Provincial Governments is responsible for setting the policies, targets,
and budgets for health. Vertical Programs, which before 18th amendment bypassed the Provincial
Government, are answerable to the Provincial Legislatures. Thus members of the Provincial
Assemblies will assume the role of overseeing these programs, while the Provincial
administration will be responsible for implementation, monitoring, and evaluation
There are four National subjects in Health:
I.

Health information, Research in Health.

II.

Health Regulation.

III.

International Commitments.

IV.

National health policy. (with respect to Federal mandate in health along with
strong justification for retaining the national role in health)

Education
Before 18th amendment the Constitution of 1973 visualized education as a joint function of
both the federal and provincial levels. At the federal level the Ministry of Education
formulated policies, plans and the national curriculum. The Federal Education Ministry
oversaw and administered 17 subordinate institutions, 06 autonomous bodies, 02 attached
departments and 14 chairs in the foreign universities. The provinces developed their own planning
and implementation schemes in accordance with the national education policies and plans. All the
provinces possessed similar administrative structures, that is, Departments of Education with
Secretaries as administrative head of the organizations, supported by a provincial directorate as
well as divisional and district formations. Punjab and Khyber Pukhtunkhwa have separate
departments for School (Elementary & Secondary) and Higher Education, whereas in Sindh
and Balochistan all the functions are performed by a single Department of Education.v
The concurrent legislative list which included the subjects in the shared legislative jurisdiction
of Federation and provinces has been omitted. In context of education the two key entries of
concurrent list which stand devolved to the provinces include:
Entry 38: Curriculum, syllabus, planning, policy, centers of excellence, standard of education. &
Entry 39: Islamic Education
The enactment has omitted Sixth and Seventh Schedules altering Article 268(2) and Article
270(A) of the constitution. The omission has revoked the constitutional protection for the
following Statutes: The privately managed Schools and Colleges (Taking over) Regulation 1972;
Agha Khan University Order 1983, the National College of Textile Engineering (Governing
Body and Cess) Order, 1985, and the Lahore University of Management Sciences Order.1985.vi
Inclusion of Article 25-A as a fundamental right in 18th amendment has recognized Education as
a Fundamental Right of children up to 5 to 16 years of age in Pakistan. This is an important
socioeconomic development. It is now responsibility of the provincial government to deal with
this issue, although it is a responsibility but it also has empowered the provincial Government
under (Entry38 &39) to legislate and administer educational sector.

Conclusion
The 18th amendment is a landmark progress made by Pakistan in context of provincial autonomy.
The separation of East Pakistan was mainly because of feeling of deprivation by people of East
Pakistan. The 18th amendment by transfer of powers to provinces, laid the foundation of a strong
federation. It has abolished the Concurrent List from IV Schedule thus allowing provinces to
legislate exclusively on many important matters. Many important matters like Health and
Education are responsibility of State as far as formation of National Policy is concerned but
policy implication and many other powers at grass root level are now in the hands of provinces.
The amendment has also made bodies like Council of Common Interest and National Economic
Council more effective and their role more vital.
This amendment is a single step taken by the federation but surely a giant leap towards true
democracy where people are truly empowered to take decisions and enforce them. Now it is
responsibility of the provinces to not only legislate but to take adequate measures for welfare of
general public.

. McKean E. (editor), (2005). New Oxford American Dictionary, (2nd ed). Oxford University Press.

ii

Constitution.2013. In Merriam-Webster.com. Retrieved August 8, 2013, from http://www.merriamwebster.com/dictionary/constitution


iii

Bryan A. G. (editor), (2004). Black's Law Dictionary (8th ed). West Group.
Autonomy.2013. In Merriam-Webster.com. Retrieved August 8, 2013, from http://www.merriamwebster.com/dictionary/autonomy
iv

Legislative Brief. 2011. Health and 18th Amendment constitutional amendment retaining national roles in
devolution. PILDAT. Available At: www.pildat.org

vi

18th Constitutional Amendment Issues and Challenges in Curriculum and Standards. Institute of social and Policy
Sciences (I SAPS).