Thread: making of new provinces... a solution of problems or politics
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Old Saturday, June 16, 2012
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Originally Posted by mhmmdkashif View Post
Well dear neither am I Constitutional or Legal expert nor do I study these things , and neither have I googled anything about them nor have I consulted any legal expert (because jitne wakeel utni baaten, pata hee nahin kon sahi kon ghalat ), but the very first paragraph of the Introductory Part of the constitution reads following:

1. The Republic and its territories
(1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan. [1](2) The territories of Pakistan shall comprise :- (a) the Provinces of [1A]Balochistan, [1B]Khyber Pakhtunkhwa, the Punjab and [1C]Sindh; (b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; (c) Federally Administered Tribal Areas; and (d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise. (3) [2] [Majlis-e-Shoora (Parliament)] may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.]

If we go according to this, the only amendment required would be just addition or modification of name(s). Now how does Majlis-e-Shoora reach such terms and condition to allow peaceful bifurcation of an existing province is a matter of local politics .
"MAY BY LAW ADMIT INTO THE FEDERATION NEW STATES OR AREAS" -- It no where says that break the existing province and then rename it.. If you read this with 239(4) it makes it even more clear that you can ALTER the limit of provinces, which means, that If you want to include more area or states you can include them within the already existing provinces by altering their limits.. isn't it?

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P.S. again this is my own logic so do not count it as anything, you may consult some expert.
I don't know of any constitutional law expert, If you do please recommend one.. I am really keen to know if it's legally possible or not to make a new province, from what I can understand, it is not LEGALLY possible.. That's just what I think, obviously I can be wrong.. but so far no argument that satisfies me :/
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mhmmdkashif (Saturday, June 16, 2012)