28th amendment

AN internet search for ‘good governance’ defines it as a governance model that is participatory, rules-based, transparent, responsive, inclusive, equitable, effective, efficient and accountable. The story of Pakistan has been a constant struggle in pursuit of good governance.

In 2010, parliament adopted the 18th Constitutional Amendment, which guaranteed provincial autonomy and cemented the provinces’ share (57.5 per cent) in the Federal Divisible Pool of taxes, as determined by the 2009 National Finance Commission award. Over time, two serious issues cropped up. First, as debt repayments and defence needs grew, the federal centre’s share of 42.5pc could not meet these obligations. The centre ended up running huge deficits while the provinces ran surpluses. Second, the provinces did not further devolve the allocated resources to districts and tehsils, leaving citizens at the grassroots level disempowered and unable to take decisions on matters that directly concerned them. The spirit behind the 18th Amendment thus stands defeated.

A debate on another possible amendment — the 28th — to address the anomalies in the centre-province sharing of resources and certain functions is currently underway. Amending the Constitution is not easy. However, given the genuine concern of the centre regarding the insufficiency of resources to meet the obligations of debt servicing, defence, and the running of the federal government, there is a need to review the existing formula on resource distribution between the centre and the provinces. Whatever emerges from the exercise is subject to political debate and consensus.

This writer would like to stress the need for including in the proposed 28th amendment provisions to make the local government system politically strong and administratively unshackled. Article 7, which defines the state as a composite of the federal and provincial governments, the assemblies and local authorities, should include LGs as a distinct third tier of the state structure. Article 32, which mandates the state to encourage LG institutions, should be reinforced with binding commitments for provincial governments to ensure that LG institutions are established and supported.

The spirit behind the 18th Amendment stands defeated.

Critically, Article 140A, which requires each province to devolve powers to elected representatives of local bodies, must be strengthened by provisions that ensure the holding of mandated elections, financial independence, legal protection against arbitrary dissolution, and most of all, direct devolution of resources to the grassroots level from the federal pool and not via provincial governments.

Another important aspect requiring consideration is the need to discourage province-centred administrative authorities, often led by bureaucrats, that hollow out LG functions, thus violating the principles of democratic accountability and citizen participation in decision-making. The aim of these amendments should be to make the LG system functional, continuous and effective, and let the fruits of democracy flow to the grassroots level through efficient civic services and participatory governance.

It is well-known that there is entrenched resistance to establishing autonomous LGs, including from provincial elected and bureaucratic elites. However, with political will and a commitment to good governance at the grassroots level, appropriate provisions can be negotiated for inclusion in the proposed 28th amendment package. These provisions should recognise LGs as the third tier of state structure with clearly delineated political, administrative and fiscal powers, regular elections and eligibility to receive their due share of resources directly from the federal tax pool.

Pakistan’s fut­u­­re rests with the democratic way of life. That is how its founder had envisaged its governance system. Conceptually, democracy is a system of governance where administrative and financial powers are vested in the people through their representatives. That requires free and fair elections, the rule of law, equitable sharing of resources, efficient public service delivery and citizens’ participation in decision making at every level of governance.

When one looks at other parliamentary democracies such as Italy, Japan and The Netherlands, one wonders how these countries continue to register impressive economic development while they often suffer political instability at the centre. A close look at their political system indicates that each of these democracies has instituted a strong LG system that helps absorb political turbulence at the centre. Pakistan’s policymakers must recognise that democracy can never flourish unless citizens are empowered at the grassroots level. Our Constitution must also reflect this reality.

The writer is chairman, Sanober Institute, and former foreign secretary of Pakistan.

Published in Dawn, June 7th, 2026

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