Today's Pakistan is faced with problems similar to that prevailed in 1970 and dissenting voices could be heard from different corners of the country. There is greater realization of rights and privileges than was ever before. Issues such as provincial autonomy, devolution of power to local bodies, stoppage of extra-constitutional interference by the federal government into the affairs of the provinces and down below at the district level. There is awakening in respect of judicious distribution of resources and framing of a formula that could ensure against any manipulation by any federating unit or the federal government in matters of resource distribution.
A workshop organized by an NGO, Pakistan Institute of Legislative Development and Transparency, to educate members of the Sindh Assembly on "federal, provincial and local government - determination of responsibilities, problems and possible solution" at a local hotel in Karachi turned to be a forum for raising demands of various nature. It should serve as an eye opener for those who are at the helm of affairs and trying to steer Pakistan through a difficult period to put it on the right track.
Legislators participating fiercely in the discussion demanded of the government to withdraw the concurrent legislative list from the 1973 Constitution and transfer all the subjects and powers to the provinces to mitigate the feeling of alienation among them and the federation.
Speaker Sindh Assembly Muzsaffar Hussain Shah, in his summing up remarks after the first session, said that discussion on provincial autonomy, relationship between the provinces and the federal government and local body system were some of the issues that needed discussion and understanding.
He said: "Even after over fifty years we have not been able to resolve the issue of federalism. There were three constitutions - 1956, 1962 and 1973 - and the issue of provincial autonomy had been clear in all of them. The degree of freedom and autonomy varied in these constitutions but its availability to the provinces was assured.
He said that the 1973 Constitution is a consensus document and gives autonomy to the provinces, though in actuality it is not available.
He said that federalism still continued to remain a challenge for all the legislators. "Let the political parties of all shades discuss the issue threadbare and reach consensus to settle the issue once for all.
Shah said that the legislators should analyze the issue and raise it at appropriate forums. "Even the unsettled constitutional issues could be raised with the intention to settling them amicably," he added.
Nisar Ahmed Khuhro, Leader of the Opposition in the Sindh Assembly, underlined the necessity of public debate on critical issues.
He said that the tendency to give dictations by the centre should be stopped forthwith and an atmosphere of mutual understanding should be created to strengthen province-federation relationships.
In his view the 1973 Constitution still provided solutions to most of the problems that were envisaged in 1940 Resolution that led to the creation of Pakistan.
He said that the successive governments had been drifting away from the spirit of 1940 Resolution and 1973 Constitution. It had brought us to a juncture where problems affecting inter-province and province-federation relations had become complicated.
He criticized One Unit theory, enlargement of concurrent list and increased centralization.
He said that the trend of centralization should be checked so that no new complications took place.
He expressed his apprehensions that unequal distribution of water, unequal distribution from the divisible pool, controversial issues such as Kalabagh Dam, Greater Thal Canal and usurpation of power of the provinces by the federation would be dangerous for the unity of Pakistan.
Khuhro said that the sense of deprivation would lead to disaster.
He said that the Council of Common Interest (CCI) was the right forum to resolve differences but this body had not met for a long time. "CCI is the right place for conflict resolution," he said.
The participants said that among a large number of issues that had kept the provinces united were the National Finance Commission and its Awards.
They said the only possible and acceptable solution would be to redefine the formula for the divisible pool and take population, backwardness, needs, revenue collection and earnings from gas, oil, power generation and other mineral wealth into consideration before distribution of funds from the divisible pool.
They said, "enough is enough" justice should be done this time and leave a good tradition to be followed by those coming after them.
Senator Sanaullah Baloch of the Balochistan National Party said that the NFC would have to look into the grievances of Balochistan and instead of deciding upon royalty on gas production at the rate of 12.5 percent of well head price, it should be adjusted as percentage of total production.
He was of the opinion that the coming meeting of the NFC in Peshawar on February 20 would have to face "this" difficult situation.
He said, "Indecision on this issue would be the major hurdle in the coming meeting."
Giving a detailed briefing on the situation of Balochistan he said all the provinces should get their "legitimate shares" from their revenue generation through levies and resources generated from their mineral wealth.
Baloch said that the provinces would have to accommodate each other (province) irrespective of their size and number of people to make the provinces prosperous, democracy workable and federation strong and meaningful for the provinces.
He went to the extent of calling for cancellation of all agreements the federal government had made with Chinese Government and termed them illegal, null and void. "Gwadar belongs to Balochistan. Let the province deal with all the issues related to this area. Why interference from the federation?", he asked.
He asked the federal government to transfer the entire administrative and financial control of Gwadar to Balochistan.
Baloch said that not only this but the federation should return the control of Karachi Port Trust to Sindh, as it used to be in the past, and let the people organize their coastal affairs themselves.
Dr. Hamida Khuhro in her paper traced the history of the Indian sub-continent before 1947 and later when Pakistan came into being.
She said, "We have gradually moved from strong and prosperous provinces to strong and prosperous federation. The trend should be checked and all corrections should be carried out before it becomes too late."
She was of the opinion that strong and prosperous provinces would make the federation strong and prosperous.
Dr. Khuihro said that it was the duty of the legislators to plead their respective (provincial) cases and try to persuade the decision-makers to come to terms with the reality.
Mian Manzoor Ahmed Watto, former chief minister of the Punjab, said that conceptual distortions that had made parts of the Constitution meaningless and had raised inter-province disharmony and a collective disrespect for the federation, should be addressed to soothe feelings of ill-will among between the provinces and between the provinces and the federation.
Watto said that the feelings about Punjab that it had usurped rights of smaller provinces, was not correct and added if it was the feeling it should be looked into and all efforts should be made to reconcile all accounts with them. "A process of give and take would strengthen the federation and serve the provinces in a better way. It should be our policy."
Professor Dr. Hasan Askari Rizvi, political analyst, presented a paper and discussed major issues of federalism in contemporary Pakistan.
He said, "A powerful centre that does not let the provinces exercise powers assigned to them by the 1973 Constitution is still continuing."
He said that the federal government, exercising power not assigned to it by the Constitution, was needed to be corrected. The provinces should get their power back so that the federation could be strengthened.
Rizvi said that there was need to review the formula for distribution of power between the centre and the provinces.
In view of Prof. Rizvi, local government established directly by the federal government has undermined the provincial entity which is a key unit of the administrative system.
He said, "The centre has assigned powers to itself which has partly neutralized the role of provinces. The centre has not reduced its hold over power but reduced the clout of province over the affairs given to the local government."
Prof. Rizvi said that lack of financial autonomy had created its own problems. The provinces have limited sources of raising revenue. They depend on the federal government for getting their share from the federal government. Their share from the divisible pool has been reduced over the years.
In view of Prof. Rizvi the NFC Award has a problem of evolving consensus on distribution of resources. Net profit of electricity power generation and natural resources and gas supply are the two stumbling blocks that should be corrected.
He said that river water resource distribution formula for judicious share, Kalabagh Dam and Greater Thal Canal were other irritants among the federation and the provinces.
He said, "If the working of federalism generates positive experience, it promotes mutual accommodation and trust and strengthens federalism.
The airing of views by the political scientists and the legislators against their inability to govern themselves without depending upon the federal government has raised serious issues that need attention. The increasing sense of deprivation has led to complicated issues beginning from the demand for complete provincial autonomy to transfer of subjects from the concurrent legislative list of 1973 Constitution to provinces. It should be taken as the first sign of desperation that culminated in the fall of Dacca.
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