Latest news with #25thConstitutionalAmendment
Express Tribune
12 hours ago
- Politics
- Express Tribune
Reviving Jirgas: undoing constitutional gains
The writer is a former Secretary to Government, Home and Tribal Affairs Department and a retired IGP. He can be reached at syed_shah94@ Listen to article Recent discussions at the federal level about reviving the Jirga system in the merged tribal districts are deeply concerning and deserve serious national scrutiny. These proposals, if pursued, will mark a dangerous reversal of one of Pakistan's most significant constitutional reforms — the merger of the erstwhile Federally Administered Tribal Areas (FATA) with Khyber-Pakhtunkhwa under the 25th Constitutional Amendment carried out in 2018. Let us be clear — this is not a benign attempt to honour local traditions. It is a calculated effort to restore an extra-constitutional governance system that historically denied due process, judicial recourse and civil rights to millions. The Jirga system, once embedded in the draconian Frontier Crimes Regulation (FCR), operated without legal representation, judicial oversight or accountability. Its revival would amount to institutional regression — unconstitutional, undemocratic and unjust. The 25th Amendment was not a cosmetic change. It abolished FATA's special status, repealed the FCR, extended the jurisdiction of the superior judiciary and brought its people under the same constitutional protections as other Pakistani citizens. It was a democratic milestone that ended over a century of legal and political isolation. Undoing this would mean reneging on a solemn constitutional promise. Under Pakistan's federal structure, the Constitution clearly delineates the domains of the federal and provincial governments. Justice administration and local governance are provincial subjects. Any attempt by the federal government to reintroduce Jirgas in the merged districts — whether directly or indirectly — would violate these constitutional boundaries and erode the authority of provincial institutions. Worse still, such a move contradicts the spirit and letter of the National Action Plan (NAP), which aimed at integrating FATA into the national mainstream through constitutional, legal and administrative reforms. Reviving Jirgas undermines this integration and promotes the dangerous notion that certain regions are unfit for constitutional governance. Proponents of Jirga revival often frame it as a culturally rooted mechanism for community-based dispute resolution. However, historical realities contradict this romanticised view. The Jirga system was an instrument of colonial control, working alongside political agents under laws that enforced collective punishment and denied civil liberties. Far from resisting militancy, these structures often coexisted with non-state actors and failed to provide justice or security. One must ask: before the merger, did Jirgas ensure justice? Did they resist militants? The answer is a resounding no. The pre-merger system fostered a dual governance structure — state-imposed on one side and militant-enforced on the other. The merger was intended to end this dangerous ambiguity and place the region firmly under constitutional rule. Rolling back this reform would restore that confusion and embolden non-democratic forces. It is important to acknowledge that progress since the merger has been uneven. Governance remains weak, development inadequate, and public services insufficient. But the remedy lies in accelerating reforms — not abandoning them. Instead of reviving outdated systems, efforts should focus on strengthening local governments, expanding the formal justice system, ensuring equitable development and building trust in constitutional institutions. The socio-economic realities of the merged districts are stark. With a population of over 5.743162 million across 27,000 square kilometres, the region remains among the most underdeveloped in the country. The literacy rate stands at a dismal 33%, with female literacy as low as 12.7%, compared to the national average of 47% for women. Healthcare infrastructure is alarmingly poor, with one hospital bed for 2,574 people and just one doctor available for 6,630 residents. Only 43% of the population has access to safe drinking water. These figures point to decades of neglect. In 2015-16, a mere Rs19.7 billion were allocated to development activities for the entire region. Such chronic underinvestment contributed to the backwardness and governance vacuum that the merger sought to address. The solution lies not in reviving Jirgas but in redoubling efforts for institutional reform and economic uplift. Reinstating the Jirga system would not only roll back hard-won constitutional rights but also reinforce a narrative of exclusion and inequality. It sends a chilling message: that some citizens are less deserving of constitutional protections than others. This is not only unlawful — it is unacceptable in a democratic polity. The path forward is clear. Uphold the Constitution. Empower elected local institutions. Strengthen formal justice mechanisms. Honour the promises made to the people of the merged districts. The constitutional integration of these areas is not just a legal matter — it is the foundation of any lasting peace, justice, and development. Pakistan made a historic and bold choice by extending the full scope of constitutional rights, responsibilities, and protections to all its citizens. To retreat from this commitment would be to step back into a legal and institutional darkness that the country can ill afford.
Express Tribune
3 days ago
- Politics
- Express Tribune
JUI-F jirga also rejects committee on ex-Fata
Listen to article A tribal jirga organized by the Jamiat Ulema-e-Islam-Fazl (JUI-F) has expressed serious reservations about a committee formed to restore the traditional jirga system in the merged tribal districts, which were earlier part of the Federally Administered Tribal Areas (Fata) The jirga held in Peshawar on Sunday also declared that a decision taken with regard to the merged districts without proper public representation and consultation would be unacceptable. The jirga led by JUI-F chief Maulana Fazlur Rehman brought together tribal elders and leaders from the merged districts of Khyber-Pakhtunkhwa (K-P). Senior leaders like Maulana Jamaluddin, Maulana Abdul Rasheed, Malik Nasrullah Khan, Malik Shaheen, Malik Khan Marjan, Mufti Baitullah, Malik Nadir Manan, Abdul Khaliq Pathan, MNA Mufti Misbahuddin, Malik Shireen, and Dr GG Jamal addressed the gathering and presented key recommendations. In a statement issued by the JUI-F, the jirga expressed concern about the rising incidents of terrorism and targeted killings in the former tribal districts, and demanded urgent and effective measures to ensure peace and protect lives and property in the region. The jirga also rejected the recently proposed Mines and Minerals Bill, terming it against the interests of the tribal population and the country at large. It emphasized the need to re-engage tribal leaders and Pashtun representatives to devise a comprehensive and inclusive strategy for the region's future. The participants reiterated that no imposed solution would be acceptable in the tribal belt without the voice and will of the people Prime Minister Shehbaz Sharif has formed a special committee on the merged districts which on July 1 initiated deliberations on revival of the traditional jirga system in former Fata. These districts, earlier called agencies, were merged with the K-P in early 2018 through the 25th Constitutional Amendment. During the July 1 meeting, Minister for States and Frontier Regions Amir Muqam as the chairman of the committee stressed the need for an alternative justice system rooted in tribal customs but aligned with constitutional principles. The committee also decided to form a sub-committee to draft recommendations and agreed to hold its next session in the K-P's capital, Peshawar. The ANP and the PTI have already rejected the committee, which, they claim, does not represent the people of the merged districts.
Express Tribune
6 days ago
- Politics
- Express Tribune
JI rejects federal committee on merged districts
Jamaat-e-Islami (JI) has categorically rejected the federal government's committee on merged districts, led by Federal Minister Amir Muqam, calling it in violation of the Constitution of Pakistan. The party also strongly opposed any possible military operation or efforts to reverse the merger of the tribal areas under the pretext of rising lawlessness in the region. In a press conference at the Peshawar Press Club, Jamaat-e-Islami's Central Khyber Pakhtunkhwa Chief Abdul Wasi, former senior provincial minister and Northern K-P chief Inayatullah Khan, alongside South K-P General Secretary Muhammad Zahoor Khattak and Provincial Information Secretary Noorul Wahid Jadoon, announced that the party will hold an All Parties Conference (APC) in Peshawar on July 29 to discuss the issue. The JI leadership asserted that the federal government has no authority to make major decisions regarding the merged districts following the 25th Constitutional Amendment, which integrated the former Federally Administered Tribal Areas (FATA) into K-P. "Any significant decision regarding the merged districts is now the constitutional prerogative of the provincial assembly," they emphasized. They urged the federal government to refrain from unconstitutional steps that could further marginalize the already underdeveloped tribal districts and instead focus on fulfilling the promises made at the time of the merger. These include ensuring the region's development and integration into the mainstream.
Business Recorder
08-07-2025
- Politics
- Business Recorder
ANP denounces Jirga system restoration
PESHAWAR: Awami National Party (ANP) central spokesman Engineer Ihsanullah strongly denounced the federal government's decision to restore the Jirga system, calling it an unconstitutional and regressive step that undermines provincial autonomy, justice, and democracy. The party central spokesman Engineer Ihsanullah in a statement here on Monday stated that the decision was a direct attack on provincial autonomy and an attempt to impose a tribal system on the entire province of Khyber Pakhtunkhwa. He argued that the 25th Constitutional Amendment, which merged FATA with Khyber Pakhtunkhwa, was a historic step towards integration and however, restoring the Jirga system undermined this integration. The ANP spokesman highlighted that the judiciary and judicial system were provincial subjects under the 18th Amendment. The federal government's move to impose Jirgas on Khyber Pakhtunkhwa was seen as a violation of these powers. The party's leader pointed out that Jirgas had historically been used to deny justice to women, children, and minorities, and to impose informal punishments, which was against the principles of justice and equality enshrined in the Constitution. He reminded that the Supreme Court had already declared Jirgas and their punishments illegal in a 2020 judgment. The party demanded that the federal government respect this ruling. ANP demanded immediate dissolution of the committee formed to oversee the restoration of the Jirga system. The party insisted that any reforms or changes in the judicial system should be done in consultation with the Provincial Assembly. ANP suggested modernizing district courts to provide timely justice to rural areas and establishing special judicial benches for women and minorities. ANP viewed the restoration of the Jirga system as a regressive step that would push Khyber Pakhtunkhwa back into a dark age. The party vowed to oppose this decision in every forum and reaffirmed its commitment to building a modern, just, and constitutional province. Copyright Business Recorder, 2025
Business Recorder
08-07-2025
- Politics
- Business Recorder
Merged districts of erstwhile tribal areas of KP: PTI rejects revival of jirga system
ISLAMABAD: The opposition Pakistan Tehreek-e-Insaf (PTI) on Monday rejected a federal committee tasked with reviving the jirga system in the merged districts of the erstwhile tribal areas of Khyber Pakhtunkhwa, terming it unconstitutional and calling for its immediate dissolution. Speaking at a press conference, acting PTI Chairman Gohar Ali Khan – flanked by senior leaders Shah Farman and party spokesperson Sheikh Waqas Akram – described the panel, led by Federal Minister for Kashmir Affairs Engineer Amir Muqam and constituted on June 25, as an unconstitutional intrusion into provincial jurisdiction. 'After the 25th Constitutional Amendment, full authority over the jirga system in the merged districts of the erstwhile Federally Administered Tribal Areas (FATA) lies with the provincial government,' Gohar said. 'There is no legal basis for this federal committee.' He added that PTI had not participated in any of the committee's meetings and the restoration of the tribal jirga system was never formally discussed. Calling the erstwhile FATA areas extremely sensitive, Gohar demanded that the federal panel be disbanded without delay. He noted PTI's strong electoral presence in the region, pointing out that five of the seven MNAs and 14 of the 17 MPAs from the erstwhile tribal areas belong to the party. Party spokesperson Sheikh Waqas Akram accused the federal government of unnecessary interference and claimed it had withheld over Rs70 billion in funds allocated to the former FATA. He questioned the rationale behind establishing a new jirga mechanism when one already exists. Former Khyber Pakhtunkhwa Governor Shah Farman said the FATA merger in 2018 was carried out to bring development to the region, and legislation was enacted to empower elected representatives from FATA. He emphasized that funds and administrative responsibilities were to be handled by elected provincial representatives, not the federal government. He also stated that a review of the now-defunct Frontier Crimes Regulation (FCR) was under consideration, alongside efforts to align local governance with that of Pakistan's settled areas. He added that the merger had been completed through an agreement between the federal and provincial governments. 'The tribal people were, are, and will remain who they are… we cannot change their way of life,' he said. 'The privileges granted to FATA were meant to be enhanced, not reduced,' he maintained. Copyright Business Recorder, 2025
