Making of New Province in Punjab – Constitutional and Legal Challenges and Opportunities

Abstract

Rationale behind creation of Pakistan was that the Muslims should be able to live their lives according to their religion Islam. The country was created with the partition of Sub-continent in the year 1947 by the British Ruler through Indian Independence Act 1947. Pakistan inherited federalism from the British colonial rule. However its true spirit was lost due to contradiction of interests. This circle of mistrust and lack of co-ordination resulted to create political instability in the country and differences between the centre and provinces. The demand to have new provinces is not a new demand. This demand has been raised from time to time on the basis of ethnic grounds, socio-economic backwardness of the relevant areas. The demand of a Bahawalpur, Saraiki province, Hazara province and division of Sindh into two parts on the basis of ethnicity are facing by the centre. Though both opponents and proponents of the demand have valid arguments in their favor and support. The creation of new provinces is a complex issue. New provinces can only be
created through the constitutional means and the national consensus. The constitution (Amendment Bill) 2019 seeks amendments of Articles 1, 51, 59, 106, 175A, 198, 218 and 239(4). The detail of the articles is as:
Article 1: The Republic and its Territories.
Article 51: National Assembly: Seats of Provinces.
Article 59: The Senate: Equal seats of Provinces.
Article 106: Constitution of the Provincial Assemblies.
Article 175A: Appointment of Judges to the Supreme Court, High Court and Federal Shariat Court.
Article 198: Seat of the High Court.
Article 218: Election Commission.
Article 239(4): Constitution Amendment Bill.
The bill mainly determines the allocation of seats for the assembly of the proposed Bahawalpur-Janoobi Punjab province and setting up of high court there and its own assembly. New provinces are need of the time, not a political slogan, solution of the problems.