Beyond Devolution:
Can a Constitutional Rethink Resolve Administrative Gaps & Strengthen Service Delivery?

By Nargis Sethi  |  Former Cabinet Secretary, Defence Secretary & Principal Secretary to the Prime Minister


 

Poor governance is attributed to a lack of constitutional clarity, when in truth, the real issue lies in the failure to implement what already exists. Pakistan’s Constitution is robust and comprehensive. However, the problem is not in its design, but in its execution.

Whenever discussions in Pakistan turn to governance and service delivery, they tend to circle back to the same questions: why do we continue to struggle with poor governance and ineffective delivery? Why does Pakistan remain low on the Human Development Index? Why is progress in social development so limited? Why do diseases such as polio, tuberculosis, dengue, and malaria persist? These are only a few examples of deeper systemic dysfunctions. The list of shortcomings is long and familiar.

In almost every such discussion, the finger eventually points to constitutional deficiencies: the absence of adequate provisions, laws, or policies. Yet, if we truly wish to address administrative gaps and improve service delivery, our first step should be to scrutinize whether the constitutional and legal structures we already have are being implemented.

For instance, Article 25(a) of the Constitution guarantees free and compulsory education for all children aged five to sixteen, “in such manner as may be determined by law." This commitment is designed to foster literacy and equip future generations with the knowledge and skills to drive Pakistan’s development. Yet this constitutional guarantee is undermined daily by those tasked with upholding it, including the federal and provincial executives, the judiciary, and the media. Despite clear responsibility, little is done to course correct or ensure enforcement.

Pakistan’s devolution process, launched through the 18th Amendment in 2010, aimed to decentralize power and enhance service delivery. While it made some progress, key challenges remain. Too often, poor governance is attributed to a lack of constitutional clarity, when in truth, the real issue lies in the failure to implement what already exists. Pakistan’s Constitution is robust and comprehensive. However, the problem is not in its design, but in its execution.

A full-scale constitutional rethink, if attempted, would have to involve an extraordinary range of stakeholders. These stakeholders would include: 

  • The federal and provincial governments, including representatives from Parliament and cabinets;

  • All political parties;

  • Civil society;

  • The judiciary; 

  • The Election Commission of Pakistan;

  • The media (both print and digital); and

  • Think tanks, academics, and experts, alongside groups representing minorities and women.

In the current political landscape, where even a simple parliamentary majority requires negotiation, the two-thirds majority needed for a constitutional amendment is out of reach. Political polarization makes the idea of a sweeping constitutional overhaul not just impractical but also potentially destabilizing.

Instead of revisiting the Constitution, Pakistan needs an honest and nonpartisan assessment of why so many of its existing provisions remain unimplemented. The real challenge is political will. The leadership must prioritize the collective good over party or personal interest. It is particularly unfortunate that the spirit of the 18th Amendment that aimed to devolve authority beyond provinces to empower local governments remains unrealized. Power has shifted from the federal to the provincial level, but not to the people.

Moving forward, the country needs focus and discipline, not reinvention. Several steps could help strengthen governance and service delivery within the existing framework. Some of these steps are illustrated below. 

Two people sign documents at a lawyer's desk, with a gavel and scales behind.
Real progress will come not from new constitutional experiments but from enforcing existing laws, strengthening institutions, and empowering citizens to hold the state to account.
  1. Convene an All-Parties Conference

The federal government should invite all registered political parties to a national conference on governance. The agenda may include the following points:

  • An impartial review of the 18th Amendment;

  • An examination of factors underlying provincial reluctance to devolve power to local governments;

  • Removal of overlapping functions across federal and provincial domains;

  • Strengthening the Council of Common Interests (CCI);

  • Implementing Article 140(a) on local government;

  • Using technology to expand citizen participation through digital platforms; 

  • Recognizing security as a shared political priority—with the provinces contributing resources to support civilian functions performed by security forces.

2.            Adopt a Charter of Good Governance

Political leaders should agree on and sign a ‘Charter of Good Governance’ to set shared principles of transparency, accountability, and service delivery.

While a constitutional rethink may sound like an easy solution to Pakistan’s governance crisis, it is unlikely to be the most effective or most immediate solution. The roots of our dysfunction lie in weak implementation, fragile institutions, and an absence of sustained political commitment. Rather than rewriting the rules, Pakistan must learn to follow them. Real progress will come not from new constitutional experiments but from enforcing existing laws, strengthening institutions, and empowering citizens to hold the state to account. Only then can administrative gaps be closed and service delivery genuinely improved.