Calls for administrative reforms and the creation of new provinces have gained renewed attention after a couple of federal ministers and other prominent figures advocated the need for smaller administrative units in the country.
The issue also featured prominently at Pakistan’s first Economic Summit in Islamabad, where leading business leaders, analysts, and federal ministers gathered to discuss the country’s governance and economic challenges.
Amid the renewed debate over creating smaller provinces, here is a look at the constitutional process required to establish new provinces in Pakistan.
Pakistan’s Constitution lays down a clear legal procedure for the creation of new provinces or any change in the boundaries of existing provinces, making such changes subject to constitutional approval rather than administrative or political decisions alone.
Under Article 239(4) of the Constitution, any constitutional amendment that would alter the limits of a province cannot be presented to the President for assent unless it has first been approved by the concerned provincial assembly with the support of at least two-thirds of its total membership.
If a proposal seeks to divide an existing province to establish one or more new provinces, the relevant provincial assembly must first pass the proposal with the required two-thirds majority. Following provincial approval, the constitutional amendment bill must also secure a two-thirds majority in both the National Assembly and the Senate, as changes to provincial boundaries can only be made through a constitutional amendment.
Once the bill receives the required parliamentary approval, it can then be sent to the President for assent.
The constitutional framework is intended to safeguard the rights of the federation’s constituent units and ensure provincial autonomy by preventing changes to provincial boundaries without the consent of the affected province.
A notable example of this process was seen in 2018, when the 25th Constitutional Amendment merged the former Federally Administered Tribal Areas (FATA) into Khyber Pakhtunkhwa after fulfilling the constitutional requirements.
The same constitutional procedure would apply to any future proposal for the creation of new provinces, including South Punjab, Hazara, or any other administrative unit.
Such proposals would require the approval of the relevant provincial assembly, passage of a constitutional amendment by Parliament with a two-thirds majority, and presidential assent before becoming law.
