Nawaz Jhakrani
The Constitution of Pakistan is not just a book of dry articles. It is our social contract, our federal compact, and the guarantee that every province, every people, and every government has its rightful space. At the heart of this compact lies a very clear principle: Pakistan is a federal republic. That is not poetry, it is Article 1 of the Constitution. And if federalism is the foundation, then the entire structure of service laws, executive authority, and legislative competence must rest on that foundation.
Now, Article 240 is often quoted in debates about the Pakistan Administrative Service (PAS), the so-called federal cadre that claims the right to serve everywhere. But here is the truth: Article 240 does not give PAS that right. In fact, it begins with the most important words: “subject to the Constitution.” This means it must always bow before the federal scheme, not override it.
Let us see what Article 240 really says. Under 240(a), the federal and the All Pakistan Services & posts are regulated by laws of the Parliament. Under 240(b), provincial services and posts are regulated by or under an Act of the Provincial Assembly. The distinction is crystal clear. Federal services are for federal posts. Provincial services are for provincial posts. No crossing lines, no central intrusion. Then, All Pakistan services for common posts to be created within the subjects of CCI in line with federal legislative lists part II.
And what is this “All Pakistan Service” everyone talks about? The Constitution itself defines it as a common service between the Federation and the Provinces. It can only exist where there are common posts for common subjects—either those that existed before 1973, or those created later by an Act of Parliament. That means PAS, if it is genuinely an All Pakistan Service, can only function on common subjects, not on matters that the Constitution has left entirely to the provinces.
If anyone still doubts this, let us walk through the constitutional scheme. Article 142(c), read with the Fourth Schedule, gives provinces the full authority to legislate on all subjects not in the federal list. Article 137, when read with Article 97, makes provincial executive authority completely separate from the federal executive. Article 130(6) says the provincial cabinet—including its bureaucrats—shall remain answerable to the provincial assembly. In plain language, this means federal legislative and executive authority can not intervene into the provincial domain of services and posts.
How can a PAS officer, recruited, controlled, and promoted by the federal establishment, be truly answerable to the provincial assembly? He cannot. Then, how can he/she be posted on provincial posts in a province? A parliamentary goverenance contradiction.
Articles 153 and 154 set up the Council of Common Interests (CCI), which is supposed to manage common matters between the federation and the provinces. If ever there was a place for All Pakistan Services, it is here—in the narrow space of common subjects. But what is happening today is different. Federal services are encroaching on purely provincial domains: deputy commissioners, assistant commissioners, secretaries of provincial departments. This is unconstitutional. This is political centralization disguised as administration.
And let us not forget: Article 240 cannot be isolated or casually amended. To really change it, you would need to rewrite at least eleven other constitutional provisions—Article 1 (federal republic), Article 142 (legislative powers), Article 137 (provincial authority), Article 130(6) (executive responsibility), Articles 153 and 154 (CCI framework), and more. In short, you would have to dismantle the entire federal structure. Even a constitutional amendment cannot override the basic structure of the federalism.
So when some argue that PAS should be given constitutional cover inside provincial posts, we must be clear: they are asking for nothing less than the death of federalism. It means that Punjab, Sindh, KP, and Balochistan will no longer have the power to regulate their own services or posts and it would result into provincial legislative, administrative and financial collapse. It means federawl bureaucrats in Lahore or Quetta will be more answerable to Islamabad than to provincial assemblies. It means provincial autonomy will be reduced to a slogan and a unitary civil service in somewhat a federal structure.
And what happens then? Frustration, alienation, resentment. We have seen this story before. Centralization of bureaucracy was one of the reasons for the fall of Dhaka. Do we really want to repeat that mistake by making provinces irrelavant ?
The defenders of PAS say it ensures merit, uniformity, and national integration. But let us be honest. Does a young officer from Islamabad know more about the local realities of Dera Ghazi Khan, Tharparkar, or Swat than a provincial officer trained for that very service? Is “uniformity” really a virtue when it comes at the cost of provincial independence? Efficiency is important, yes. But efficiency cannot justify breaking the Constitutional federal scheme.
Besides, if there are truly “common needs,” the Constitution already has a solution: the CCI and the All Pakistan Services created through Parliament. But what we see today is not cooperation; it is imposition. And imposition is against the spirit of a federation.
It is also a matter of accountability. Provincial assemblies are supposed to control their executives. But how can they control officers who are not under their authority? Imagine a PAS officer in Sindh, promoted by federal seniority, loyal to Islamabad’s Establishment Division. His incentives are tied to federal secretaries, not Sindh’s cabinet. This creates a dual allegiance, which destroys transparency and makes real accountability impossible.
This also undermines democracy. In a parliamentary system, bureaucracy must answer to the elected representatives of the people. If the bureaucracy answers to another center of power, the chain of responsibility breaks. Citizens lose their voice.
The risks are immense. If federal services are imposed on provincial domains, the provinces will resist. They will challenge it in courts. They will make political noise. And the federation will be thrown into a needless constitutional crisis. Instead of strengthening Pakistan, this will weaken it.
The better path is simple: respect the Constitution. Strengthen the Provincial Management Services through proper laws, training, and reforms. Let each provincial assembly regulate its own services and posts under Article 240(b). And if there is a need for common services, let Parliament and the provinces agree through the Council of Common Interests CCI. That is federalism. That is constitutionalism. That is the Pakistan we promised in 1973.
Federal PAS overreach is not just an administrative adjustment; it is an attack on Pakistan’s federal soul. It violates Article 240(b), undermines Articles 142, 137, and 130(6), bypasses Articles 153 and 154, and contradicts the entire constitutional scheme. Even if some try to amend the Constitution to give PAS more ground, they cannot legally kill the principle of federalism. That principle is untouchable.
The provinces of Pakistan must never be reduced to administrative colonies of the center. The Constitution does not allow it, history does not forgive it, and the federation cannot survive it.
