The debate over creating new provinces in Pakistan has once again gathered momentum, with political parties and government circles putting forward proposals for new administrative units.
But constitutional experts say a political announcement or a resolution alone cannot create a province.
The Constitution lays down a detailed procedure, including constitutional amendments and approval from the relevant provincial assembly and Parliament.
According to constitutional experts, a resolution passed by either house of parliament or a provincial assembly, or an announcement by a political party, has no legal effect by itself in creating a new province.
The process requires amendments to several provisions of the Constitution under Article 239, making the creation of a new province a significantly more complicated process than a simple political declaration.
Provincial assembly approval mandatory
Constitutional experts say approval from the relevant provincial assembly is required in addition to approval by the National Assembly and Senate.
The president can ratify the constitutional amendment only after it secures the required two-thirds majority in all three relevant houses.
Advocate Senator Kamran Murtaza said several difficult questions would have to be addressed, including how territory and resources would be distributed among the provinces.
He said constitutional amendments require a two-thirds majority in one house and then the other, while changing provincial boundaries could create additional complications.
Boundary changes could create disputes
Murtaza said the process of altering provincial boundaries could become particularly difficult because of competing interests between provinces.
He warned that the real problems could emerge once boundaries are proposed for division, potentially creating fears of conflict between the provinces.
The constitutional process, therefore, involves not only political consensus but also agreement on territorial boundaries and the distribution of resources and responsibilities.
At least 12 constitutional provisions may need changes
PTI leader Farhatullah Babar said at least 12 articles of the Constitution would have to be amended to establish new provinces. He noted that the Constitution does not completely close the door on creating additional provinces, saying the possibility exists within the constitutional framework.
However, Babar described the procedure as extremely difficult and questioned whether any province would currently agree to changes affecting its existing boundaries.
Two-thirds majority remains biggest hurdle
According to constitutional experts, securing the required two-thirds majority in parliament and the relevant provincial assemblies appears extremely difficult under the current political circumstances.
They say that while the Constitution provides a legal route for establishing new provinces, the extensive constitutional requirements mean that political statements or resolutions alone cannot bring about such a change.
The debate, therefore, may continue to generate political momentum, but turning proposals for new provinces into reality would require broad political agreement and completion of the constitutional process.
