View Single Post
  #10  
Old Friday, May 04, 2007
amjad hafeez amjad hafeez is offline
Member
 
Join Date: Oct 2005
Location: lhr
Posts: 85
Thanks: 0
Thanked 16 Times in 7 Posts
amjad hafeez is on a distinguished road
Default

pakistan is a federation in form but unitary in spirit
the constitutional experts give three basic features of a federation.
1) Division of powers between the centre and the federating units
2)A written and rigid constitution
3)A supreme court to decide the disputes between the central government and the federating units.
Now if we have a look , we conclude that the state of Pakistan has all the above features , which make it a federation ,atleast,in theory.
1)It has division of powers between between the central government and its provinces.There are two lists of powers (a)federal list and (b)concurrent list
and the residuary powers are left with the provinces.
2)It has written and rigid constitution having 280 articles seven schedules and seventeen amendments.Amendment in the constitution requires two third majority of both the houses.
3)It has a supreme court to decude the disputes between the centre and provinces plus certain other constitutional bodies.

so, Pakistan is a federation as it fulfils all the requirements of a federation.
What mahes it a unitary state?
Following features make it a unitary state.
1)Federal bureaucracy has all the important posts in the provincial administartion and is superior than provincial bureaucracy.
2)In case of dispute between the central and proncial legislation regarding concurrent list, it is the parliamentary legislation which overrides the provincial one.
3)Provincial governors , who are appointed by the president have the right to dissolve provincial assemblies.
4)During emergency, it becomes a unitary state as parliament has exclusive right to legislate on the matters which are in provincial jurisdiction.
5)Provinces do not have any right to take part in the amendment procedure except in case of change in provincial boundaries.
6)The senate which represents the provinces is a secondary chamber.
7)Provinces are cotrolled through Federal Grants in Aid by the central government.So, provinces are financially dependent.
8)the provinces can not levy any tax on a central government property.

Remaining in next episode inshaallah
__________________
When going gets tough ,tough gets going.
Reply With Quote
The Following 2 Users Say Thank You to amjad hafeez For This Useful Post:
Naveed Sukhera (Thursday, November 08, 2007), sumaira85 (Friday, February 19, 2010)