Our first war against India was to protect a dictator whose dwindling legitimacy had generated resentment against ‘One Unit’ imposed on the provinces in West Pakistan and denial of autonomy and democratic rights to East Pakistan or East Bengal. Similarly, India struck again when the military rulers were striving hard to protect the highly centralised structure of governance which had alienated the people of East Pakistan on one hand and three provinces on the other. The latter had been unlawfully merged into the so-called West Pakistan province.

The basic reason for refusing to honour the mandate of Awami League to form a government in Islamabad was to salvage the core interests of the civil-military combine even if it meant break-up of the country. This policy didn’t stop in post-1971 era and even after unanimously adopting a new constitution in 1973 which clearly committed to provide autonomy to the provinces. The result is that the country continues to suffer more and more internal and external conflicts because its ruling elite is not ready to decentralise the governance structure and give provinces their legitimate powers. Instead, it is always eager to further strengthen the strong centre and weaken the already weak federating units.

The constitution of 1973, was an effort to restore balance and cut to size both civil and military bureaucracy. However, the powers seized during 1955-1970 period when the country was under “one unit” were not returned to the provinces after its abolition. The military struck the country twice in 1977 and 1999 to protect its class interests.

Since then, civil-military bureaucracy has undertaken several initiatives to protect centralisation of the governance structure in which now they have a huge stake. Undemocratic rule or proxy civilian governments are a ruse to protect this policy. They are just the means; the end is centralisation.

The present government has been talking eloquent about provincial autonomy. The PPP signed a charter of democracy with the PML-N in order to abolish concurrent list and establish Federal Constitutional Court having equal representation of the four provinces. Now both shy away from mentioning this, though they have comfortable majority in parliament to bring about this great change in the centre-province relationship. No doubt, principles change overnight when power is attained. Before the government takes any new initiative on provincial autonomy, they must start devolving powers to the provinces already guaranteed in the constitution of 1973.

The constitution creates cabinet and Council of Common Interests (CCI) in order to administer the subjects enumerated in Federal Legislative List Part I and part II respectively. However, to the chagrin of the provinces, the executive authority over Federal Legislative List Part II subjects is being exercised by the Federal cabinet which is in direct conflict with Article 154 of the constitution.

It clearly says that the CCI will formulate and regulate policies regarding the subjects of Federal Legislative List part II and exercise supervision and control over these subjects. Instead of CCI, cabinet exercises full control over important subjects of water, power, gas, minerals, oil, Railways, heavy industries and Wapda. It also formulates policies concerning these subjects which is in clear disregard of the constitution. The CCI has never grown into a permanent constitutional body like cabinet to control these subjects. It exists on paper.

Similarly, the subjects not enumerated in both Federal as well as concurrent legislative lists solely belong to the provinces under article 142 of the constitution but cabinet unlawfully exercises executive authority over them. The subjects of education, health, public order, local government, Railway Police, electricity distribution, tariff and consumption tax within the provinces, GST on services, sports, Federal land Commission, agriculture, food, housing, minority affairs, special education, youth affairs, investment, interior, rural development, industries and production and various corporations and bodies working under them solely are provincial subjects.

These subjects were being administered by the West Pakistan administration under 1956 and 1962 constitutions but were now supposed to be transferred to the provinces after abolition of West Pakistan Order 1970. They are being retained by the centre even after the promulgation of 1973 constitution.

Before announcing abolition of concurrent list in his first speech to the parliament, the prime minister should have abolished all these ministries at the centre which would have cut to size the federal bureaucracy but this legacy of the West Pakistan province is being retained by the Federal bureaucracy.

The resultant military coups against civilian power are possible because of this highly unconstitutional role of central bureaucracy which wants promotions and positions and so retains provincial subjects. Consequently, NFC awards are managed on the pretext of expenses of federal government and major portion is awarded to non-productive sectors.

Undemocratic or weak civilian governments which promote or maintain centralisation of the governance heavily rely on two factors: outside support of big powers and regional conflicts in order to give legitimacy to their rule. Afghan wars, Taliban phenomenon, jihad in Kashmir can be seen in this context. The policy of centralisation has bred wars, regional conflicts and international interference in the country. Huge resources are spent on these conflicts which only buffer the role of military and bureaucracy.

The writer is a barrister-at-law based at Karachi.