Balancing and Rebalancing of Judicial Autonomy: a Critical Analysis of Basic Structure Theory
With its restoration in March 2009, the judiciary exceptionally emerged as an independent state organ and sought autonomy from parliament, which embarked on another avenue of confrontation between these two organs. Considering past experience, parliament was committed to imposing modest restraints on the judiciary and ensured its representation in the process of judicial appointments to the Superior Courts in the form of the 18th Constitutional Amendment, which the court considered as an attack on its autonomy. With the help of qualitative research methodology, this research aimed to investigate the post-2009 judicial-legislative transition, which apparently started up with their confrontation and imbalance between these organs. Both state organs are striving to identify their constitutional bounds, which will ultimately lead to equilibrium between these organs.
-
Judicial Autonomy, 18th Amendment, 19th Amendment, Constitution, Basic Structure Theory.
-
(1) Bakht Munir
Lecturer, Institute of Languages and Linguistics, University of the Punjab, Lahore, Punjab, Pakistan.
(2) Um e Noreen
Lecturer, College of Law, University of Lahore, Lahore, Punjab, Pakistan.
National Plan for Devolution of Power under 18th Amendment: Challenges for Government in the New Pakistan
History of the politics of agitation and protest indicate that political agitation has always been converted from any point to the issue of provincial autonomy in Pakistan. The case of Pakistan Tehrik-E-Insaf (PTI), on alleged rigging after the general elections of 2013 also suggests that the protest after general elections 2018 would at last be transformed from rigging to demanding the redressal of provincial grievances over devolution of power under 18th amendment. Since, provincial governments including Khyber Pakhtunkhwa (KPK) had continuously been registering grievances about the transfer of liabilities without transferring corresponding assets and resources to provinces. In current scenario under the slogan of 'New-Pakistan' the registering of complaints by political leadership against federation though the card of provincial autonomy would have more and prolonged potential and attraction for the general public rather than merely protest on rigging. Therefore, the biggest challenge for the government in new Pakistan would be addressing the provincial issues. Because sooner or later the protest led by opposition political parties over rigging in 2018 elections would be transformed within one year into the protest for provincial issues. In the backdrop, this study highlights the challenges for newly established government of PTI in-terms of center-province relations over provincial autonomy. Further, conventional approach of federalism (extreme centralized federalism) still prevails in Pakistan which ultimately poses impediments to center-provinces virtuous working relations. That’s why it would be significant to investigate that on what issues working relation between federal and provincial governments may potentially be deteriorate. Political and economic measures have also been suggested in this study for PTI government to address the regional grievances and disparity in New-Pakistan.
-
Federalism, Provincial Autonomy, 18th Amendment, Challenges, New Pakistan
-
(1) Sajida Begum
Assistant Professor, Department of Political Science & IR, Minhaj University, Lahore, Punjab, Pakistan.
(2) Muhammad Imran Ashraf
Assistant Professor, Department of IR, National Defense University, Islamabad, Pakistan.
(3) Waseem Ishaque
Assistant Professor, Department of IR, National Defense University, Islamabad, Pakistan.
Governance Issues Among Provincial and Federal Governments: A Causative Analysis of Pakistan and Way Forward Amid COVID-19
Anxiousness among the world governments is high in emerging after the lock down due to the COVID-19 pandemic for stabilizing their economies. Countries like Pakistan feel this pressure much higher due to the prevailing informal economy, poverty, free media, and conspiracy theories.Dissolution of critical services powers under the 18th amendment of 'The Constitution of Pakistan 1973’ underscored differences among provincial autonomy. In this situation, estimation of federal government’s responsibility in crisis management, the role of NDMA, delayed creation of NCOC, and options for‘smart’ lock down was the dithering by the Federal govt which caused initial damage. Pakistan has a snacking history of 'basic democracies,' 'devolution of powers, and consolidated instructions for provincial administrative working from the Federal governments. This paper aims to study the impact of ‘Mix-Messaging 'in power exercise is studied under qualitative method with discourse analysis to find reasons behind governance challenges and way forward to deal with governance challenges during COVID-19 ranging from in-person to e-governance systems.
-
18th Amendment, COVID-19, Governance Capacity, NCOC, Mix-Messaging Crisis
-
(1) Sehrish Qayyum
Assistant Professor, Pakistan Navy War College, Lahore, Punjab, Pakistan
(2) Umbreen Javaid
Professor, Faculty of Behavioral and Social Sciences, University of the Punjab, Lahore, Punjab, Pakistan.