In an endeavour to build up consensus among the provinces in the matter of construction of the Kalabagh Dam, the President has offered to provide constitutional guarantees to safeguard the interests of the small provinces, and more specifically the Sindh province.
Will the smaller provinces repose faith in the constitutional guarantees having regard to the past experiences in various aspects of the inter-provincial matters? Two constitutions [ of 1956 and 1962 ] were abrogated altogether by the military dictators.
The 1973 constitution was held in abeyance twice- in 1977 by Muhammad Ziaul Haque and in 1999 by Pervez Musharraf. The guarantees already provided in the constitution of 1973 remain unimplemented. The most peculiar instance is about the provincial autonomy. Three lists for making legislation exist in the 1973 constitution, ie, the federal list, provincial list and the concurrent list.
The federal list contains the subjects about which the federal legislature can only frame laws, the provincial assemblies can frame laws on the subjects given in the provincial list while the federal legislature as well as provincial assemblies can make laws on the subjects appearing in the concurrent lists but if the law framed by a provincial assembly is repugnant to the law passed by the federal legislature, the provincial law becomes void.
According to the 1973 constitution, the concurrent list was to be abolished in a period of 10 years, ie by 1983 and the relative subjects transferred to the provinces. This has not happened.
The trouble erupting in Balochistan about two years [or so] back, compelled the federal government to constitute two committees- one to look into the general grievances of the Baloch people and the second to oversee the constitutional matters.
After the lapse of considerable period of time, there seems to be complete silence in the matter although the constitutional matter could be resolved easily by implementing the original provisions of the 1973 constitution mentioned above.
At the time the Chashma-Jhelum link canal was being constructed, an assurance was given by the federal authorities that it will be used only to handle the flood water. Contrary to the assurance, the canal is being used as a "perennial" canal.
And what happened to the deliberations of the two parliamentary committees constituted about a year back to find solutions to the social and the constitutional problems of Balochistan? Instead of solutions, the echoes of gunshots are being heard.
In the circumstances, what is the sanctity of the guarantees- constitutional, leagal or administrative-and how and why will the people believe in such guarantees?
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