88
FEDERAL DISPUTE RESOLUTION IN
PAKISTAN AFTER 18TH AMENDMENT: A
GREAT LEAP FORWARD TOWARDS
PROVINCIAL AUTONOMY
BAKHTAWAR MANZOOR**88
MUHAMMAD WAQAS GUJJAR**89
ANWAAR RANA**90
ABSTRACT; The 18th constitutional amendment
represents significant move towards participatory
federalism by implementing structural changes. It not only
restored the essence of the original 1973 federal
constitution but also eliminated the concurrent legislative
list and delegated control over seventeen ministries to
provincial governments, in addition to activating federal
dispute resolution mechanism. Following the
implementation of the 18th amendment, the Council of
Common Interest (CCI) has emerged as the preeminent
institution for national planning and coordination. CCI is
responsible for managing shared responsibilities across 18
subjects listed in Part II of the federal legislative list. The
structure and functions of the entity have been revitalized,
resulting in an expanded scope. There have been several
constitutional efforts in past uphold provincial autonomy
and resolve issues among federal and provinces but they
proved to be unfruitful. The establishment and
improvement of the CCI as stipulated in the 1973
88
Assistant Professor, School of Law and Policy, University of Management and
Technology
89
Lecture, School of Law and Policy, University of Management and Technology
90
Lecturer, School of Law and Policy, University of Management and
Technology
, 89
constitution and updated in 2010, was viewed as a positive
step towards promoting provincial autonomy and
resolving lingering issues. This article aims to examine
how successful federal dispute resolution has been since
the implementation of the 18th amendment in its pursuit
of harmonizing relationship among center and provinces.
_________________________________
INTRODUCTION; Under the Constitution of Pakistan
1973, Council of Common Interest (CCI) was established
as a body for resolving disputes between the federal and
provinces.91 In order to ensure participatory federalism,
part II of the federal legislative list was created, which
focuses on the common interests of the federal
government and the provinces. The council provides a
special and quite useful venue for the provinces and the
center to settle political and economic concerns and to
foster a climate that is favorable to peaceful and working
relationships in order to ensure amicable solutions for
economic and political issues.92
When the civilian government recuperated control of the
country in 2008, it initiated an across the board
constitutional reform program. As decided in the 2005
"Charter of Democracy," the package was adopted in the
18th constitutional amendment to bring back the 1973
constitution that was in effect prior to October 12, 1998.93
The aforementioned change reinstated the dispute
91
Shahzad Munawar and Muhammad Mushtaq, ‘Evolution of Federalism in
Pakistan: A Constitutional Study’ [2022] P 473
92
Adeney, K. (2012). A step towards inclusive federalism in Pakistan? The politics
of the 18th amendment. Publius: The Journal of Federalism, 42(4), 539-565.
93
Rabbani, Mian Raza. (2011). a biography of Pakistani federalism: unity in
diversity / Mian Raza Rabbani. Islamabad [Pakistan] : Leo Books
, 90
settlement process between the provinces and federal. The
amendment expanded the authority and duties of CCI,
strengthening it even further. The 18th Amendment
eliminated the Concurrent Legislative List (CLL) and
delegated the control to provinces over 47 subjects and 17
ministries in three stages over the course of a year. 94
Subjects concerning shared interest between the federal
government and the provinces under CCI's jurisdiction are
included in Part II of the Federal Legislative List.95
Following the 18th Amendment, the CCI emanated as the
regulating body and a primary venue for formulating
policies for the mutual and shared interests of the federal
government and the provinces.96
Prior to Pakistan's formation, the provinces were
guaranteed the utmost degree of autonomy. For the
purpose, the All India Muslim League (AIML) garnered
support for the concept of Pakistan from several sub-
nationalities in an approximant manner. However,
Pakistan has mostly embraced federal form of government
since its formation, which has sparked contentious
discussions concerning federalism as the administrating
mechanism in the country.97
94
Naseem, K., Mahmood, A., & Naazer, M. A. (2022). An Analysis of the
Performance of the Council of Common Interest in Post-18th Amendment
scenario in Pakistan (2010 to 2020). Journal of Research in Social Sciences, 10(1),
1-18.
95
Khan, I., Shah, H., & Ali, S. (2021). Political Economy of Conflict: An Analysis of
Council of Common Interests in the Post-18 th Constitutional
Amendment. Turkish Online Journal of Qualitative Inquiry, 12(8).
96
Zafarullah Khan, ‘Future of Pakistani Federation: A Case Study of Council of
Common Interests’ [ 2015] 146- 160
97
Asma-ul-husna [VNV] Faiz. (2015). making federation work: Federalism in
Pakistan after the 18th amendment.
FEDERAL DISPUTE RESOLUTION IN
PAKISTAN AFTER 18TH AMENDMENT: A
GREAT LEAP FORWARD TOWARDS
PROVINCIAL AUTONOMY
BAKHTAWAR MANZOOR**88
MUHAMMAD WAQAS GUJJAR**89
ANWAAR RANA**90
ABSTRACT; The 18th constitutional amendment
represents significant move towards participatory
federalism by implementing structural changes. It not only
restored the essence of the original 1973 federal
constitution but also eliminated the concurrent legislative
list and delegated control over seventeen ministries to
provincial governments, in addition to activating federal
dispute resolution mechanism. Following the
implementation of the 18th amendment, the Council of
Common Interest (CCI) has emerged as the preeminent
institution for national planning and coordination. CCI is
responsible for managing shared responsibilities across 18
subjects listed in Part II of the federal legislative list. The
structure and functions of the entity have been revitalized,
resulting in an expanded scope. There have been several
constitutional efforts in past uphold provincial autonomy
and resolve issues among federal and provinces but they
proved to be unfruitful. The establishment and
improvement of the CCI as stipulated in the 1973
88
Assistant Professor, School of Law and Policy, University of Management and
Technology
89
Lecture, School of Law and Policy, University of Management and Technology
90
Lecturer, School of Law and Policy, University of Management and
Technology
, 89
constitution and updated in 2010, was viewed as a positive
step towards promoting provincial autonomy and
resolving lingering issues. This article aims to examine
how successful federal dispute resolution has been since
the implementation of the 18th amendment in its pursuit
of harmonizing relationship among center and provinces.
_________________________________
INTRODUCTION; Under the Constitution of Pakistan
1973, Council of Common Interest (CCI) was established
as a body for resolving disputes between the federal and
provinces.91 In order to ensure participatory federalism,
part II of the federal legislative list was created, which
focuses on the common interests of the federal
government and the provinces. The council provides a
special and quite useful venue for the provinces and the
center to settle political and economic concerns and to
foster a climate that is favorable to peaceful and working
relationships in order to ensure amicable solutions for
economic and political issues.92
When the civilian government recuperated control of the
country in 2008, it initiated an across the board
constitutional reform program. As decided in the 2005
"Charter of Democracy," the package was adopted in the
18th constitutional amendment to bring back the 1973
constitution that was in effect prior to October 12, 1998.93
The aforementioned change reinstated the dispute
91
Shahzad Munawar and Muhammad Mushtaq, ‘Evolution of Federalism in
Pakistan: A Constitutional Study’ [2022] P 473
92
Adeney, K. (2012). A step towards inclusive federalism in Pakistan? The politics
of the 18th amendment. Publius: The Journal of Federalism, 42(4), 539-565.
93
Rabbani, Mian Raza. (2011). a biography of Pakistani federalism: unity in
diversity / Mian Raza Rabbani. Islamabad [Pakistan] : Leo Books
, 90
settlement process between the provinces and federal. The
amendment expanded the authority and duties of CCI,
strengthening it even further. The 18th Amendment
eliminated the Concurrent Legislative List (CLL) and
delegated the control to provinces over 47 subjects and 17
ministries in three stages over the course of a year. 94
Subjects concerning shared interest between the federal
government and the provinces under CCI's jurisdiction are
included in Part II of the Federal Legislative List.95
Following the 18th Amendment, the CCI emanated as the
regulating body and a primary venue for formulating
policies for the mutual and shared interests of the federal
government and the provinces.96
Prior to Pakistan's formation, the provinces were
guaranteed the utmost degree of autonomy. For the
purpose, the All India Muslim League (AIML) garnered
support for the concept of Pakistan from several sub-
nationalities in an approximant manner. However,
Pakistan has mostly embraced federal form of government
since its formation, which has sparked contentious
discussions concerning federalism as the administrating
mechanism in the country.97
94
Naseem, K., Mahmood, A., & Naazer, M. A. (2022). An Analysis of the
Performance of the Council of Common Interest in Post-18th Amendment
scenario in Pakistan (2010 to 2020). Journal of Research in Social Sciences, 10(1),
1-18.
95
Khan, I., Shah, H., & Ali, S. (2021). Political Economy of Conflict: An Analysis of
Council of Common Interests in the Post-18 th Constitutional
Amendment. Turkish Online Journal of Qualitative Inquiry, 12(8).
96
Zafarullah Khan, ‘Future of Pakistani Federation: A Case Study of Council of
Common Interests’ [ 2015] 146- 160
97
Asma-ul-husna [VNV] Faiz. (2015). making federation work: Federalism in
Pakistan after the 18th amendment.
