What is con-current list and why it has been removed from Constitution?
 

What is con-current list and why has it been removed now from the 18th amendment? Briefly discuss here.
Regards

Concurrent List????
 

The subject areas in the constitution of 1973 has been divided into three area:

1. Provincial subjects defined in List of Provincial Subjects:
2. Federal subjects defined in the List of Federal Subjects.
3. Concurrent lists that Lists overlapping areas.

[B]1. Provincial subjects:[/B]

Education Education, Health Health, Agriculture, Agriculture extension
On-farm management, Soil conservation, Fisheries, Forests, Water Supply and water supply and sanitation, Sanitation sewerage, Sewerage, transport, Transport inter tehsil road, Street lighting Parks and playground, Parks and playgrounds Street light, Municipal regulation Municipal regulation, Irrigation, Police, Mines and mineral Development, Industrial and labor, Regulation (Source: VU notes of PA)

[B]2. Federal subjects:[/B]
defense of the federation, external affairs, nationality, citizenship and naturalization, telecommunication, currency, foreign ex-change, civil aviation, international trade & international economic corporation. (Source: Dr. Sultan's "Public Administration" page # 75")


Reasons:
-[B]restricted autonomy has been cause of much resentment among the provinces.[/B]
Even though federal in nature, the 1973 Constitution has a strong bias in favour of the centre. According to article 142- (c), a provincial assembly has the power to make laws “with respect to any matter not enumerated in either the federal legislative list or the concurrent list”. Significantly, the fourth schedule has only two lists — federal and concurrent — and does not have a provincial list.
The federal list contains 67 subjects (59 in Part I and eight in Part II).
The concurrent list consists of 47 subjects, leaving very little for the federating units (the Provinces)to legislate on. In other words, the provinces have the right to legislate on very small number of subjects “not enumerated either in the federal legislative list or in the concurrent list”.

In matters of tax collection especially, the Basic Law virtually denies the constituent units any worthwhile sources of revenue. As a perusal of taxation powers will show, the federal government has reserved for itself almost all sources of revenue. The federal taxes mentioned in the fourth schedule — points 43 to 54 — include virtually all taxes, except, very significantly, “taxes on income other than agricultural income”.

(Source: Dawn Sep, 12th 2005)



Regards,


FASEEH MUHAMMAD

[HOPE IT WILL BE USEFUL FOR YOU] :)

[B][I]What is meaning of Concurrent list?

Regards
Azhar Hussain Memon[/I][/B]

So which is the con-current list and what will be the consequences of ending it. ?

[QUOTE=aariz;180254]What is con-current list and why has it been removed now from the 18th amendment? Briefly discuss here.
Regards[/QUOTE]

Sir the Concurrent list is a compromise b/w the provinces and their federating center. it includes a number of subjects that can be legislated by both the provinces and the center.legislation over these subjects is to be approved by both the canter and the concerned one or all provinces.in Pakistan the list includes 47 subjects that fall within the purview of the legislation by the center and the federating units(provinces).in the 18th constitutional amendment the subjects of this list are reduced considerably and included into provincial list in order to empower the provinces and ensure provincial autonomy.
[B]Thanks[/B]

Issues that may arise with the dessolution of concurrent list?
 

Dear fellows in your opinion what are the issues that may arise with the dissolution of concurrent list?

Is there going to be any change especially in the structure of the groups of CSS? As formerly CSS officers were designated in different departments and provinces by the center and they used to be at the strength of central govt.

What is going to be the fate of DMG, Police and other such groups which were previously considered as central govt based groups?

@Fasee
Someone told me that con current list is a law or authority which can be implemented by the federal govt in all the four provinces. After the amendment, the federal govt. will exercise less powers on the provincial matters.
Correct me plz

[QUOTE=aariz;180334]@Fasee
Someone told me that con current list is a law or authority which can be implemented by the federal govt in all the four provinces. After the amendment, the federal govt. will exercise less powers on the provincial matters.
Correct me plz[/QUOTE]
aariz bhai plz go through the above posts , u wl get ur answer for sure.

[QUOTE=aariz;180334]@Fasee
Someone told me that con current list is a law or authority which can be implemented by the federal govt in all the four provinces. After the amendment, the federal govt. will exercise less powers on the provincial matters.
Correct me plz[/QUOTE]

Pakistan is a federation and provinces its federating units. In every federation powers are distributed between federal government/centre and units/provinces. However, constitution of Pakistan has enumerated the powers of Centre and Province as worked out in federal structure.

There are three lists as mentioned by Faseeh Muhamamd. Concurent List – both centre and provinces can legislate on the subjects mentioned in it. In case there is inconsistency between central and provincial law, the federal law will prevail over provincial law i.e. central government has an upper hand.

After the abolition of Concurrent List – the subjects mentioned it will be transferred to provinces and thus giving them maximum provincial autonomy. Complain of provinces against highly centralized central government, maximum powers with federal government, interference of centre into the affairs of provinces, will be redressed. Concurrent List contains subjects for law making.

[QUOTE=Sociologist PU;180319]So which is the con-current list and what will be the consequences of ending it. ?[/QUOTE]

The 1973 Constitution enlisted 47 subjects in the Concurrent Legislative List. The 18th Amendment will abolish that list and transfer these subjects to the provinces. Go through the following link for subjects mentioned in concurrent list.

[URL]http://www.pakistani.org/pakistan/constitution/schedules/schedule4.html#conleglist[/URL]


But the subjects enumerated in the concurrent list are not of much importance these are about Will, Bankruptcy, Arbitration, Trust and Trustees, Arms and Ammunations, Explosives, Drugs, Medicines, Population Welfare, Zakat, Tourism, Auqaf, Marriage and divorce; infants and minors; adoption. etc

I don’t think by transferring these subjects to the provinces will enhance provincial autonomy and change the fate of provinces. Control over resources, finance and revenue can empower the provinces otherwise abolition of concurrent list is not a big move towards maximum autonomy to provinces.

regards,

Issues that may arise with the dissolution of concurrent list
 

Dear fellows in your opinion what are the issues that may arise with the dissolution of concurrent list?

Is there going to be any change especially in the structure of the groups of CSS? As formerly CSS officers were designated in different departments and provinces by the center and they used to be at the strength of central govt.

What is going to be the fate of DMG, Police and other such groups which were previously considered as central govt based groups?

[QUOTE=Abdullah khan;180422]Dear fellows in your opinion what are the issues that may arise with the dissolution of concurrent list?

Is there going to be any change especially in the structure of the groups of CSS? As formerly CSS officers were designated in different departments and provinces by the center and they used to be at the strength of central govt.

What is going to be the fate of DMG, Police and other such groups which were previously considered as central govt based groups?[/QUOTE]

Subjects mentioned in the Concurrent List as mentioned in my earlier post will be transferred to provinces and these subjects don’t contain such clauses which will affect the Civil Service of Pakistan. Central government is not going to surrender its authority completely, some of powers will be given to provinces. Central government already possesses the most crucial power in Federal List. :)

Dissolution of concurrent list will cause for some issues for example marriage in Quetta of a woman from Lahore and a man from Peshawar, if marriage becomes provincial issue after abolition of concurrent list, each province could have its own laws about marriage. In this case which provincial law would apply?

Legally where the marriage is conducted, law of the concerned province will apply. There would be severe consequences in a case if there is conservative provincial government, making own laws which will impact women badly.

Regards,

con current list is removed. now provinces will have more responsibilities.
these are areas where center was bearing the burden. now on demand of provinces this has been given to provinces. this will increase responsibilities of provinces. province do not have such finance to support such areas yet. 1 july 2011 is the date given for setup and infrastructure within provinces.
but out of the new amendments a new con-current list is created which is not mentioned as such. but it exists.

@ crown prince
as far as marriage law is concerned,politicians are optimistic that shariah laws are mostly common among all provinces so it is not going to make trouble.marriage laws will apply but it will be common.
services are going to affect about 1 lac something people are going to be affected but it has not been elaborated by any politician. it is also not confirmed.

Concurrent List-The future.
 

Dear All,

The Concurrent list is the list of subjects or "area of jurisdiction" that comes under both the provincial and the federal jurisdiction.

For instance i can remember the example of railways that was once in federal jurisdiction and then in provincial jurisdiction.

As said by other senior members that Pakistan is a federation with islamabad the federal center. In such a system, [B]The center is not designed to rule the federating units but it is designed to facilitate the function of the federating units and show a common front for the national line of action.[/B] so in case if the federal capital keeps intefereing in the area of provincial list it will hinder there functioning.

One thing worth mentioning today is that people like to relate their selves to place they live in and a ruling center appears to then as an alien rule. so in order to improve the soverignity and integrity of nation and its development. it is much needed to give provinces more automony and limit the role of federal center in provincial issues.


Regards,


FASEEH

article70(4) deals with concurrent list it is removed to ensure provincial autonomy

how many lists are there now?

federal list and provincial legislative list
or simple one list called federal legislative list?

as far as i could search there were two list: federal and concurrent.
third list named provincial list was not there in constitution as remaining subjects were automatically put under provinces which is why there were only federal list and concurrent list.

so how many lists are there now after abolition of concurrent list?

one or two?