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  #1  
Old Sunday, April 11, 2010
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Default 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.
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Default 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.

1. Provincial subjects:

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)

2. Federal subjects:
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:
-restricted autonomy has been cause of much resentment among the provinces.
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)



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FASEEH MUHAMMAD

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Old Sunday, April 11, 2010
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What is meaning of Concurrent list?

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Azhar Hussain Memon
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So which is the con-current list and what will be the consequences of ending it. ?
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Quote:
Originally Posted by aariz View Post
What is con-current list and why has it been removed now from the 18th amendment? Briefly discuss here.
Regards
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.
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Default 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?
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@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
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Quote:
Originally Posted by aariz View Post
@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
aariz bhai plz go through the above posts , u wl get ur answer for sure.
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Quote:
Originally Posted by aariz View Post
@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
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:
Originally Posted by Sociologist PU View Post
So which is the con-current list and what will be the consequences of ending it. ?
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.

http://www.pakistani.org/pakistan/co...tml#conleglist


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,
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Last edited by Princess Royal; Sunday, April 11, 2010 at 05:39 PM.
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Default 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?
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