Federalism in Pakistan: The Question of Autonomy The Case of Sindh
( 2008-2013)
Submitted by Hussain Bux Saarang
Submitted to : Professor Dr. Amir Ali Chandio
Department of Political Science, SALU Khairpur Mirs
Federalism in Pakistan: The Question of Autonomy The Case of Sindh 1.
INTRODUCTION ( Federalism (a) (b) (c) (d) (e) (f)
Definitions Concepts Goals and Functions Types Advantages and Disaswantages Modes and Models)
2. Research Questions or Hypotheses/ Problem or Questions/Hypotheses and Their Significance 3. Literature Review Federalism (i) Evolution of Federalism (ii) HITORY OF FEDERALISM IN PAKISTAN (i) (ii)
Federalism: Towards 1947 Federalism: Since 1947 to Date
(iii) 18th Amendment to Constitution of 1973 (iv)
(B)
Politics of Federalism in Pakistan: Prospects, Problems, Issues and Crisis (i)
Constitutional Aspects and Developments (i) Institutional,Administrative, Economic and Political Aspects
(ii)The Autonomy for Federating Units (a) (b)
Ethnic,Linguistic, Economic and Fiscal Dimension Distribution of Powers and Resources (i) National Finance Commission (NFC)
(ii) Council of Common Interests (CCI) (iii) Natural Resource Management (c) Central Government’s Intervention in Federating Units (ii) (d) IDENTITY AND CONFLICTS Ethnicity and Nationalism Culture and Diversity
(i) (ii)
(D) Federalism: The Case of Sindh (a) (b)
(c) (d) (e) (f)
Historical Back Ground Political History (i) After Arab Intervention and Before British Rule(7121843 AD) (ii) British Colonization(1843 t0 1947) (iii) Pakistani Period(1947 to date) Sindhi Culture and Language Indus Water Natural Resources Political Powers and Rights
(E) Conclusions and likely future scenarios 4. Objectives of STUDY\ RESEARCH 5. RESEARCH METHODS AND RESEARCH METHODOLOGY 6. References & Bibliography
INTRODUCTION
Subheadings, or variations of introduction Purpose of the Study The purpose of this thesis is to investigate key aspects of Federalism in Pakistan and the status of federating units. Sindh the founding federating unit of Pakistan is focused. The premise of my
work is how can federalism in Pakistan be more effective and beneficial for the people of Pakistan to make them more developed, peaceful, tolerant and prosperous. This paper presents an analysis of Federalism in Pakistan. This analysis will provide situation of The Autonomy for Federating Units and The Case of Sindh during Thirteenth Provincial Assembly of Sindh since April 05, 2008 to March 21, 2013.This paper analyzes the political relationship between Sindh and Pakistan since 1940 to 18th Amendment. This paper argues for ISSUES OF AUTONOMY IN THE FEDERATION OF PAKISTAN are still challenge to be solved.The topic of this study supports the argument that if Federalism in Pakistan is modified and practised properly then current political, ecnomic, social and cultural challenges, crisis, issues and problems will be over comed and solved properlyly. Research supports the opinion that if Federating Units are more autonomous then Federalism in Pakistan will be strengthened.This paper supports also the opinion that If Sindh Founding Federating Unit of Pakistan is more autonomous in the Federation of Pakistan, then It will be more developed and play significant role for Peace,Prosperty and Justice not only for Itself but all over Pakistan and World. Research supports the opinion that the strong modern Federalism will strengthen not only constituent units but also the federation of of Pakistan as people
oriented
modern
state,
A comparison among the results of rights and responsibilities of ferderating units and the federation of Pakistan will show that federalism in Pakistan must be more modified like other developed federal countries as USA, Canada, Australia, Belgiam and Switzerland. An interpretation of the facts indicates the failure of federalism in Pakistan. The results of this research show that there is a hope for the betterment of federation of Pakistan.There are more chances of development, peace, prosperty and justice for people of Pakistan in modern
federalism. This study examines the advantages and disadvantages of federalism practised previously in Pakistan and bright future scenario of Federalism in Pakistan. This Research provides definitions of state, federation, federalism, modern federalism, Meaning of federalism and the essential features that are evident in federal state or federating units, autonomy, sovereignty and right of self determination at micro and macro bases and levels. It explores the meaning of nation, nationality, nationhood, etnicity, culture and civilization also.This paper will provide a guide for categorizing and priortising the issues and problems between federation and federating units of Pakistan for the promotion of people oriented modern federalism in Pakistan. This paper will discuss the implications of federalism in Pakistan since Its founding Resolution of 1940. The importance of the field and the current status of it are discussed also. Overview of the problem, its importance, and statements about the hypothesis or specific questions to be explored. This is followed by a preview of the scheme of the chapters that is an outline of plan of the work. Structure of the Chapters Chapter 1 explores the extensive literature on Federalism. The Definitions, Concepts Goals, Functions, Types, Advantages, Disaswantages, Modes and Models of Federalism are dicussed and defined with reasonable references in first chap Chapter 2 focuses on the The Evolution of Federalism with context of Association and differences between Federalism and Consociationalism. HITORY OF FEDERALISM IN PAKISTAN in this chapter is divided into two parts Federalism: Towards 1947 and Federalism: Since 1947 to Date with a specified discussion on 18th Amendment to Constitution of 1973. Chapters 3 and 4 reports on the experimental investigation conducted on Politics of Federalism in Pakistan and Its Prospects, Problems, Issues and Crisis. A discussion of this topic reveals Constitutional Aspects and Developments including Institutional,Administrative, Economic and Political Aspects of The Constituition of Pakistan. This two chapters provides an illustration of The Autonomy for Federating Units in Pakistan with the context of Ethnic, Linguistic, Economic and Fiscal Dimensions, Distribution of Powers and Resources refering National Finance Commission (NFC) andCouncil of Common Interests (CCI), Natural Resource Distribution and Management is also focused for investigation and Central Government’s Intervention in Federating Units is investigated also. The
question of IDENTITY AND CONFLICTS is responded with the refrences of Ethnicity, Nationalism and Cultural Diversity. In Chapter 5, The Case of Sindh in Federation of Pakistan is focussed having Historical Back Ground and Political History divided into following three parts: After Arab Intervention and Before British Rule(712-1843 AD), British Colonization(1843 to 1947) AND Pakistani Period(1947 to date) The reasons and remedies of key issues and problems of Sindh related to following topics are identified in this chapter also. Sindhi Culture and Language, Indus Water,Natural Resources and Political Powers and Rights of Sindh in The Federalism of Pakistan. Defiitions of Political Terms The definitions of different political words and terms being focused in This Study are explored. State, federation, federalism, modern federalism, Meaning of federalism and the concepts, essential features, Perspectives, Goals, Functions, types, modes and models, KEY PRINCIPLES FOR MODERN FEDERAL SYSTEMS and advantages and disadvantages of federalism. The several definitions of federalism and related terms in current are used. The constructing and valid definitions of federalism and other related terms are given after exploring appraisal of the existing definitions.
Focus of the Research and Signifiance of the Research Structure of the Thesis Pakistan came into being on the 14th of August 1947 as the largest Islamic country of the world, after the landslide victory of All India Muslim League in the 1946 elections. The creation of Pakistan was based on the religious ideology of Islam and the concept of two-nation theory advocating that Hindus and Muslims are two separate nations and Muslims being a minority should be entitled to an exclusive geographic unit where they can freely practice their religion. The primary argument provided for amalgamation of Muslim majority areas into one country at the time of partition and afterwards was the common religious belief i.e Islam. However, the Lahore Resolution of 1940, which was the basis for the creation of Pakistan, did also recognize the fact that Pakistan would be a combination of various autonomous regions of British India. (Rind, A. A. (2005) Pakistan is the country of more than 165 million people1 having land area of 796,095 square kilometers bordering India, China, Iran, Afghanistan, and narrowly separated from Central Asia.
The Federation comprises of four Provinces, Punjab, Sindh, Kheber Pakhtoon Khuwa (KPK), Balochistan and the special regions of Azad Jammu and Kashmir (AJK), Gilgit-Baltistan2, Federally Administered Tribal Areas (FATA) and Islamabad Capital Territory (ICT). The Provinces and federally administered autonomous regions are largely multi-cultural being multiethnic and multi-lingual. After 2008 National and Provincial Elections PPP formed a coalition government in the centre, Sindh and Balochistan. In KPK and Punjab the coalition governments were led by Awami National Party (ANP) and PML (N) respectively
There are number of national and international researchers who have utilized their painstaking studies in the milieu of Pakistani federalism. The list includes; Jalal (1994); Ali (1996); Ziring (1980); Shafqat (1997); Sayeed (1968, 1980); Laporte (1975); Baxter (1988) and Amin (1988) who encircle the historical context of federalism in Pakistan into different aspects. While Talbot (2009); Mustafa (2011); Khan (2010); Khan (2013); Faisal (2010); Bukhari & Kamran (2013a, 2013b); Ahmed (2011); Adeney (2007, 2012); Waseem (2010); and Rizvi (2008) overview the post 18th amendment scenario in varied paradigms which includes; coalitional, institutional bargaining, consociational, intergovernmental, fiscal, administrative, decentralized, decision making, elites accommodation, political and ethnic heterogeneity and ethnicity. Each of the study writes down the structural analysis of federalism in the aftermath of 18th amendment. These studies relatively found the provocative arena for the development of institutional federalism in Pakistan. The study explores the Context of Federalism's Constitutional Status, the alignment of responsibilities with jurisdictional boundaries, Engagement and collaboration between levels of government, Implied Federal Powers, National Supremacy and Civil Rights. Constitutional Supremacy and Constitutional Amendment Rules, Participation of Sub-national or federating Units in National Legislation and Policymaking is analysed Distribution of Powers is the main focus of the study. Executive and Legislative Powers exercised on different Levels are analysed. Socio-economic Effects of the Distribution of Powers are explored also. Development and Adaptabilityof powers are argued in This study Fiscal Federalism is accessed for Tax Collection and Revenue Sharing Institutionalizing Flexibility in Finance Commission.
2. Hypotheses and Their Significance Research Problems or Questions/Hypotheses and Their Significance (i) (ii) (iii)
If Federalism in Pakistan is modified and practised properly then current political, ecnomic, social and cultural challenges will be over comed. If Federating Units are more autonomous then Federalism in Pakistan will be strengthened. If Sindh Founding Federating Unit of Pakistan is more autonomous in the Federation of Pakistan, then It will be more developed and play significant role for Peace,Prosperty and Justice all over Pakistan and World.
3. Literature Review(Lessons Learned from the Literature)
Findings of this study will inform the practice of researchers and scholars in the field of Federalism in Pakistan and The Question of Autonomy for fedderating units.Discussion in the literature on this topic is focused on three main issues. The first is The Federalism and The second is The Question of Autonomy. The third main issue is The Case of Sindh which is the founding federating unit of Pakistan, 18th Amendment to Constitution of 1973 is analysed specially.Politics of Federalism in Pakistan: Prospects, Problems, Issues and Crisis and Constitutional Aspects and Developments are explored specially. Institutional,Administrative, Economic and Political Aspects are also focused in this research study.The Autonomy for Federating Units and Ethnic,Linguistic, Economic and Fiscal Dimensions are also under exploration. Distribution of Powers and Resources division and utilization are also explored in this research.The structure, roles , responsibilitis and impacts of National Finance Commission (NFC) and Council of Common Interests (CCI) for financial and Natural Resources distribution, utilization and Management are analysed also. Central Government’s Intervention in
Federating Units specially in Sindh is focussed for this research study specially. IDENTITY AND CONFLICTS, Ethnicity, Nationalism, Culture and Diversity in the ferderism in Pakistan are explored also HITORY OF FEDERALISM IN PAKISTAN is divided and discussed briefly since 1947 to 1973 and Federalism in Constitution of 1973. The impact of 17th Amendment to Constitution of 1973 shortly and 18th Amendment to Constitution of 1973 in detail are explored.The Case of Sindh with the reference of Political History of Sindh after Arab Intervention and Before British Rule(712-1843 AD), British Colonization(1843 t0 1947) and present Pakistani Period(1947 to date) is explored with main researc on 2008-2013. The Issues of Sindhi Culture specially Sindhi Language in Pakistan and conflicts with federation due to Indus Water and Natural Resources ownership, distribution, utilization and Management are analysed in this research study. Political Powers, Rights of Federation in Pakistan and federating units in the context of Sindh are explored also.
Literature Survey Federalism is an improving and developing not only in Pakistan but all over the world. It is being analysed and investigated in the countries where Federal States have federal form of government: Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Canada, Comoros, Ethiopia, Germany, India, Malaysia, Mexico, Micronesia, Nepal, Nigeria, Pakistan, Russia, South Africa, St. Kitts and Nevis, Spain, Switzerland, United Arab Emirates, United States of America and Venezuela. Countries in federal transition: Iraq and Sudan. Source: www.forumfed.org There is number of research scholars who have explored and developed studies in the field of federalism all over the world.Some of them who have contributed for this are mentioned below:
Arend Lijphart investigated for ‘Consociation and Federation: Conceptional and Empirical Links being published in Canadian Journal of Political Science, Vol XII, No 3, September 1979. He explored on Non-Majoritarian Democracy: A Comparison of Federal and Consociational Theories. In: Publius, Vol. 15, No. 2, pp. 3–15. in 1985. George Anderson worked on Federalism: An Introduction in 2008 through Forum of Federations.Ontario, Oxford University Press.In 2009 D.Cameron inquired and investigated for The Paradox of Federalism: Some Practical Reflections being published in Regional & Federal Studies, Vol. 19, No. 2. A.Ward and L.Ward, [Eds.] published The Ashgate Research Companion to Federalism, Ashgate Publishing Limited, Surrey in 2009. In 2013, Kenneth R. Thomas investigated on Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power for Washington: Congressional Research Service. In1996, United Nations University Press, Tokyo published the rsearch of S. D. Muni about Ethnic Conflict, Federalism, and Democracy in India under the editorship of K. Rupesinghe & V. A. Tishkov in Ethnicity and Power in the Contemporary World. In 1998, T. Tamuno investigated on Nigerian Federalism in Historical Perspective. In: Amuwo, K., Agbaje, A., R.Suberu & Herault, G. [Eds.] Federalism and Political Restructuring in Nigeria, Spectrum, Ibadan. Federalism, Provincial Autonomy, and Conflicts. R. L. Watts investigated for Comparing Federal Systems published in McGill-Queen’s University Press, Montreal 1999. Pretoria: HSRC Publishers published the research of Daniel J. Elazar about Federalism: An Overview in 1995. In 1999, Alfred Stepan worked on Federalism and Democracy: Beyond the US Model published in Journal of Democracy. Robert Agranoff and Michael McGuire who investigated on American Federalism and the Search for Models of Management in 2001. In 2003 A. Ariyo tried to write on Theories of Federalism, Fiscal Policy and Growth in Africa in the context of Fiscal Federalism and Decentralization. In 2004 J. Rodden invstigated Comparative Federalism and Decentralization: On Meaning and Measurement published in Comparative Politics,Vol. 36, No. 4.In 2009, R. Suberu investigated Federalism in Africa: The Nigerian Experience in Comparative Perspective published in Ethnopolitics, Vol. 8, No.Same year in 2009. Ethnopolitics published the research work of 1. R.Diprose explored also about Decentralization, Horizontal Inequalities and Conflict Management in Indonesia. Erin Ryan inquired on Negotiating Federalism for Boston College Law Review in 2011.Paul E.Peterson and Daniel Nadler researched in 2011 on Freedom to Fail: The Key stone of American Federalism, Symposium paper.The paper was presented in a symposium held at the University of Chicago Law School on June 17 and 18, 2011, later the paper was published in University of Chicago Law Review in 2013.
Different rresearch scholars have explored about The Politics of Federalism in Pakistan: Prospects, Problems, Issues and Crisis. The research of some of them is mentioned below. K. B. Sayeed explored Federalism and Pakistan for Far Eastern Survey, Vol. 23, No. 9, 1954. Royal Book Company Karachi published The research work of Mehrunnisa Ali on in1996, Politics of Federalism in Pakistan. M. A Kundi & A. M. Jahangir investigated in 2002 about
Federalism in Pakistan: Issues and Adjustment. It was disclosed in Asian Affairs [Online]. Available: http://www.cdrb.org/journal/2002/3/2.pdf, [Accessed: May 25]. Jami Chandio presented his research paper about The Crisis of Federalism and Prospects for Provincial Autonomy in Pakistan on 22nd May 2009 on National Endowment for Democracy in Washington DC. USA.R.Ahmad investigated The Endemic Crisis of Federalism in Pakistan published in The Lahore Journal of Economics September, 2010.Katharine Adeney explored on The Limitations of Non-consociational Federalism: The Example of Pakistan and A Step Towards Inclusive Federalism in Pakistan? The Politics of 18th Amendment published in Ethnopolitics, Vol. 8, No. 1 in 2009 and The Journal of Federalism in 2012 respectively.Department of Political Science, The Islamia University of Bahawalpurpage investigated about A Comparative Study of Federalism in Pakistan after 18th Amendment and USA. It was published in Pakistan Journal of Social Sciences (PJSS)Vol. 33, No. 1 ,2013 . The researchers have analysed about Constitutional Aspects and Developments regarding Institutional,Administrative, Economic and Political Aspects as under: Law Inn Publishers, Lahore published the research of G.W. Choudhury on Constitutional Development in Pakistan in 2005 Naseer, S. Presented his research in August 22–24, 2007 about Federalism and Constitutional Development in Pakistan in Constitutionalism and Diversity in Nepal, Centre for Nepal and Asian Studies, Nepal. S. J. Ahmed worked on Inter-Governmental Relations in the Federal System of Pakistan: An Analysis of the Constitutional and Political Aspects in 2011. (ii)The Autonomy for Federating Units Human Right Commission of Pakistan Lahore published Federalism & Provincial Rights [Implications of the 18th Amendment] in 2011
Muntzra Nazir investigated on Federalism in Pakistan, early years being published in Pakistan Vision Vol. 9, No.1 by Pakistan Study Centre , University of the Punjab, Lahore in 2008. The Lahore Journal of Economics in its issue 15 published research work of Raza Ahmad on The Endemic Crisis of Federalism in Pakistan in September 2010. University of the Punjab, Lahore in South Asian Studies A Research Journal of South Asian Studies Vol. 28, No. 1, January – June 2013 published The research article of Iram Khalid about Politics of Federalism in Pakistan: Problems and Prospects
Central Government’s Intervention in Federating Units is the main and key issue of Federalism in Pakistan. The questions of IDENTITY AND CONFLICTS are related to federalism all over the world. Ethnicity , Nationalism, Culture and Diversity have remained the focus of political scientists and researchers.
WORLD: Gowher Rizvi disclosed 'Ethnic Conflict and Political Accommodation in Plural Societies: Cyprus and Other Cases' in Journal of Commonwealth & Comparative Politics, Vol 31, No 1, March 1993. John McGarry and Brendan O'Leary investigated The Politics of Ethnic Conflict Regulation: Case Studies of Protracted Ethnic Conflicts published in Routledge, London, 1993. Amoretti, U. M. & Bermeo, N. (Eds.) published Federalism and Territorial Cleavages by The Johns Hopkins University Press, Baltimore in 2004.The research work of Bakke, K. M. & E. Wibbels on Diversity, Disparity, and Civil Conflict in Federal States appeared through World Politics, Vol. 59 in 2006. Penguin Books, London published research work of A.Sen on Identity and Violence: The Illusion of Destiny in 2007. The research work of G. K Brown for Federalism, Regional Autonomy and Conflict: Introduction and Overview published in Vol. 8, No. 1 of Ethnopolitics in 2009. Pakistan: Institute of Policy Studies Islamabad published the rsearch of Tahir Amin about Ethno-National Movements of Pakistan: Domestic and International Factors in 1988. S. A. Zaidi investigated for Sindhi vs. Mohajir in Pakistan: Contradiction, Conflict, Compromise published in In: Economic and Political Weekly, Vol. 26, No. 20 in 1991. Yunas Samad explored A Nation in Turmoil: Nationalism and Ethnicity in Pakistan: 1937-58, Sage, New Delhi. 1995.C.O.Hurst investigated about Pakistan's Ethnic Divide published in Studies in Conflict & Terrorism, Vol. 19, No. 2, in 1996. The Research work of Yunas Samad ‘The Plural Guises of Multiculturalism: Conceptualising a fragmented Paradigm', in Politics of Multiculturalism, edited by T. Modood and P. Werbner, Zed Press, 1997.M. Waseem investigated about Political Development and Conflict Resolution in Pakistan. This research was published by Pakistan Development Review, Vol. 36, No. 4, 1997. Ian Talbot investigated for ‘The Punjabization of Pakistan: Myth or Reality?’ in Christophe Jaffrelot (ed.), Pakistan— Nationalism without a Nation? Manohar: Delhi, and Zed Press: London, 2002.Daily Times, 1 December 2004 published an article of Ahmad Faruqui on ‘Inter-provincial rivalries and national security’,The research of Katherine Adeney on Federalism and Ethnic Conflict Regulation in India and Pakistan was printed by Palgrave Macmillan Press, New York in 2007.The DAWN [Karachi] on 12th August 2009 published the article of Z. F. Abbasi about Identities and Conflict.S. M. Malik investigated Horizontal Inequalities and Violent Conflict in Pakistan: Is There a Link? Published in Economic & Political Weekly,Vol. XLIV, No. 34, 2009, S. A.
Abdullah in 2010,researched on Political Economy of Conflict: The Social Contract and Conflict in Pakistan for his Ph.D. Thesis, Erasmus University of Rotterdam , International Institute for Social Studies, Mimeo.
EDERALI
Central Government’s Intervention in Federating Units Year 1947 1947
Description Congress ministry in NWFP had ‘the support of 33 members out of 50’. But it was replaced by a Muslim League ministry. Sindh Assembly opposed the decision of Central Government to take Karachi out of the control of Sindh and passed a resolution unanimously. The Chief Minister of Sindh had to pay for this resolution and he was dismissed
soon. 1948 1955
Inclusion of Kalat state into Pakistan. One-unit Scheme (amalgamation of provinces and states into the province of West Pakistan). 1962-69 Ayub’s Presidential period (Federal system operated like British Vice regal system of 1930s). 1970-71 Military action in East Pakistan and its separation. 1972-73 End of tripartite accord and dissolution of Balochistan government. NWFP government resigned 1977-88 Constitutional amendments by Military Regime undermined the parliamentary and Federal nature of the constitution. 1988-93 Dissolution of provincial assemblies ( 1988, 1990, 1993). 1994 Governor Rule in NWFP and installation of favourable government. 1995 Governor rule in Punjab and installation of new government. 2002 17th Amendment has undermined the federal character of the state. Source: (Mushtaq, 2009) ))IDFLICT IN PAKISTAN • Mushtaq, M. (2009) Managing Ethnic Diversity and Federalism in Pakistan. In: European Journal of Scientific Research, Vol. 33, No. 2, pp. 279–294.
RESEARCH METHODS AND
RESEARCH METHODOLOGY
References & Bibliography