PAKISTAN STUDIES NOTES-GRADE 11th & 12th

Chapter # 3 – Administrative Structure of Pakistan and Good Governance

3.1   Functions of Federal and Provincial Governments

3.1.1.   Discuss the Distribution of Power with Reference to 1973 Constitution (Defense, Foreign Policy, Finance, Health, Sanitation, Education, and Tourism)

The 1973 Constitution of Pakistan outlines three distinct categories of administrative powers: the Federal List, Provincial List, and Concurrent List.

The Federal List comprises areas or subjects over which the central government exercises authority. This list encompasses crucial domains such as defense, foreign policy, finance, and tourism.

Conversely, the Provincial List delineates areas or subjects under the jurisdiction of provincial governments. This list includes matters such as education, health, and sanitation, wherein provinces have the autonomy to make decisions.

The third category, the Concurrent List, encompasses various areas or subjects where both the central and provincial governments hold influence. These subjects are not exclusively governed by either tier of government, but rather decisions are made through mutual understanding and consensus-building.

18th Amendment and Power Distribution

The 18th Amendment to the constitution brought about significant changes in power distribution by eliminating the “Concurrent List” and redistributing many powers to the provinces. This amendment aimed to enhance provincial autonomy and decentralize decision-making authority. Here are the details of the powers allocated to the center and provinces in light of the 18th Amendment:

The Federal List of Powers

The federal list delineates key areas where the central government retains authority and responsibility. Here’s a brief description of the powers listed in the federal domain:

1. Foreign Policy and External Affairs:
   • The federal government is tasked with maintaining relations with other states, regional and international organizations, in all aspects.

2. Defense:
   • Defense of the country, both in times of peace and war, is the primary responsibility of the central government. This includes maintaining ground, naval, and air forces.

3. Nationality, Citizenship, Naturalization:
   • Decisions related to the granting or revocation of citizenship to individuals of other nationalities fall within the purview of the federal government.

4. Communications:
   • The federal government oversees communication services within the country and abroad. This encompasses services such as postal, telegraph, telephone (landline and wireless), broadcasting, etc.

5. Currency and Coinage:
   • Matters pertaining to money, currencies, and legal tenders are managed by the federal government.

6. Nuclear Energy:
   • The federal government is responsible for matters related to nuclear power generation and the mineral resources required for nuclear energy production.

7. Foreign Trade:
   • Matters concerning trade with other countries, including trade routes via sea, road, and air, fall under federal legislative jurisdiction.

8. Taxes and Duties:
   • The federal government has the authority to levy various taxes and duties, including export and import duties, income tax, taxes on corporations, mineral oil and natural gas taxes, terminal taxes on freight transport, and passenger travel taxes by rail, sea, and air.

9. Major Ports:
   • The federal government is responsible for the declaration, demarcation, and management of major ports, as well as the powers of port authorities.

In addition to the aforementioned powers, matters related to mineral oil and natural gas, electricity, census, and other critical domains are also included in the federal list. These powers are essential for ensuring national security, economic stability, and effective governance at the federal level.