Pakistan follows federal regulations because they distribute governing authority equally between its central federal government and provincial administrations. According to the Pakistani Constitution, the central and provincial governments obtain power from specific legislation definitions. These subjects are categorized into three main lists: the Federal Legislative List, the Provincial Legislative List, and the Concurrent Legislative List.
The 18th Constitutional Amendment of 2010 was a reformative milestone that increased provincial independence while changing the fundamental structure of legislative authority. Before the Amendment, several topics remained in the Concurrent Legislative List, enabling parallel legislative authority between federal and provincial governments. By eliminating the executive and concurrent legislative lists, states secured enhanced control over more subjects.
We will analyze laws implementable by the Federal Parliament and Provincial Assemblies of Pakistan through relevant case studies, studying the applications of divided federal-provincial legitimacies. This piece critically analyzes federal-provincial power separation, focusing on the effects of the 18th Amendment before concluding the current system’s performance.
The subject areas within which Parliament and Provincial Assemblies possess legislative authority
1. Federal Legislative List (Federal Parliament)
Only the federal government can create laws covering all the items detailed in the Federal Legislative List, which includes federal topics, matters affecting multiple provinces, and national uniformity laws.
Defense
The federal government has complete authority to defend Pakistan. This legislative area defines federal laws concerning armed forces and defense policy, as well as national security and military establishment creation.
Example
The Pakistan Army Act of 1952 governs the armed forces. Its rules specify military courts, disciplinary measures, and personnel-oriented procedures.
Foreign Affairs
The federal government controls foreign relations, diplomacy treaties, and international agreements. These laws create the foundation for Pakistan’s foreign policy and international relations and define its obligations under international law.
Example
The Pakistan Foreign Exchange Regulation Act,1947 establishes all rules concerning foreign exchange transactions because these standards are essential for national economic safety and external diplomatic bonds.
Aviation and Air Transport
The government controls airport operations, airspace management, civil aviation organizations, and airline governance. National air traffic and aviation policy concerns exist because flying routes extend between provinces and international boundaries.
Example
Through the Civil Aviation Authority Ordinance 1982, the Civil Aviation Authority received power to regulate civil aviation across Pakistan.
Currency And Coinage
The federal government is responsible for producing and managing monetary currency in Pakistan. The central role of this function guarantees both national economic equilibrium and the authority needed to manage the official currency.
Example
Under the State Bank of Pakistan Ac, 1956, the State Bank receives governance to control currency issues while setting monetary policy standards.
Immigration And Emigration
Migration-related legislation, border control, and rights protection for foreign nationals operate under the federal government’s authority because these matters strongly affect national defense and international diplomatic standing.
Example
Foreign nationals in Pakistan are subject to regulations that control their entry points and determine periods of permitted residence and departure through the Immigration Ordinance 1979.
2. Provincial Legislative List (Provincial Assemblies)
The Provincial Legislative Lists of individual provinces in Pakistan define legislative authority as belonging uniquely to provincial assemblies. Every subject falls into two categories: geographic-specific matters and local issues.
Police and Law Enforcement
The provinces have jurisdiction over establishing all existing law enforcement agencies, including police organizations that serve their regions. Police security requires local adaptations and thus forms a vital part of provincial governance responsibilities.
Example
The Police Order of 2002 maintains direct control over police moves in technical and procedural matters across provincial policing domains.
Health And Hospitals
Provincial legislatures approve public healthcare laws and policies and authorize hospitals and health service institutions. Because each province follows a specific approach, healthcare service management needs local autonomy.
Example
Punjab Healthcare Commission Act 2010 regulates healthcare institutions throughout Punjab and maintains healthcare standards for provincial health service providers.
Education
Provinces are responsible for designing educational policies and developing curricula because their local demographics, cultural background, and linguistic diversity influence these decisions. Each provincial assembly preserves its right to authorize laws that control the development of regional education structures and their operational institutions.
Example
Under the Punjab Textbook Board Act of 1978, the Provincial Textbook Board gains authorization to manage textbook content distribution across Punjab province.
Agriculture
Due to its essential position as a sector of the country, Pakistan’s provincial assemblies draft laws concerning agricultural topics such as land management, irrigation systems, farming systems, and rural initiatives. Agriculture exhibits substantially diverse conditions across regions, which makes provincial governments the most appropriate bodies to handle these matters.Â
Example
Under the Sindh Agricultural Pesticide Ordinance 1978, the Sindh province regulates pesticide and chemical applications through agricultural practices.
Public Utilities and Local Government
Provincial governments may exercise jurisdiction to create laws that govern municipal service provision, manage water availability, and sanitize infrastructure. Local delivery of basic services depends on these essential functions.
Example
The Local Government Ordinance, 2001 (Sindh) establishes local governments and controls public service administration in Sindh province.
Concurrent Legislative List (Shared Jurisdiction before the 18th Amendment)
Under the previous system before the 18th Amendment, the Concurrent Legislative List allowed dual authority for federal and provincial government legislation. After the 18th Amendment stripped this list, most legislative matters moved under provincial control for governance. Family and criminal laws represent critical regulations that still need coordinated governance.
Criminal Law
Until the 18th Amendment was enacted in 2010, criminal law was handled jointly by the federal government and the provinces. Since criminal law regulations primarily rest with the provinces today, the federal government retains the power to implement anti-terrorism laws.
Example
Under the Pakistan Penal Code of Prov, provinces can amend criminal provisions according to regional needs.
Social Welfare
The inventory of social welfare regulations, including labor rights, social security, and poverty relief initiatives, transitioned from the Concurrent List into provincial authority. The revision of constitutional jurisdiction empowers provinces to establish policies that suit their distinctive requirements.
Example
The Sindh Social Security Ordinance, created in 1965, establishes worker social security standards throughout Sindh province.
Family Laws
After the 18th Amendment became law, provinces gained complete authority to create legislation about marriage, divorce,e and inheritance matters, which previously belonged to the Concurrent Li. Because of this shift, provinces implemented various family law practices in different geographical areas.
Example
The 1964 West Pakistan Family Courts Act introduced family courts for resolving disputes in family matters throughout numerous provinces.
4. Residual Powers (Post-18th Amendment)
Federal and Provincial Legislative Lists exclude these specific issues as residual powers of their respective jurisdictions. Only residual issues remained within provincial authority after the 18th Amendment, which increased provincial power.
Environmental Protection
Environmental protection, wildlife protection, sustainable resource management, and pollution control were previously the shared domain of federal and provincial jurisdiction. The 18th Amendment allows provinces greater flexibility to solve environmental problems unique to each region.
Example
Under the Punjab Wildlife Protection Preservation Conservation and Management Act 1974, the Punjab province is responsible for safeguarding wildlife resources.
Critical Analysis
History shows that the 18th Amendment was crucial to transferring federal power to provincial-level authority. By removing the Concurrent Legislative List, the Amendment provided increased freedom to provincial authorities when managing local matters independently. The original design of this shift focused on empowering federating units to pass laws that better match their individual demographic characteristics and cultural dynamics alongside local economic requirements.
The decentralization of legislative powers produced new implementation difficulties. The expansion of provincial autonomy presents challenges because different governments have failed to establish sufficient coordination, producing inconsistent laws and policies. Implementing environmental protection strategies differs substantially throughout Pakistan’s provinces because each province creates separate ecological policies. Provincial jurisdictions that lead to authority over education and health policy enforcement sometimes create varying standardization challenges that affect national uniformity.
Federal and provincial jurisdictions frequently share power over particular areas, which creates an environment of ambiguity that leads to disputes between state agencies. Local jurisdictions enjoy the authority to enact family and criminal legislation, but federal regulatory power prevails over provincial domestic laws on essential matters that impact all citizens nationally.
Conclusion
Pakistan’s federal system shapes the legislation the federal parliament and provincial assemblies must issue. The Constitution of Pakistan defines precise areas within which federal and provincial authorities possess legal power. The 18th Amendment has substantially boosted provincial authority, yet obstacles to unified policy generation and congruent state laws persist in Pakistan. The complete success of Pakistan’s federal system requires better integration between federal and provincial legislative bodies, plus an active process of constitutional and legal reform to handle emerging governance challenges.
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