Tariq Mahmood Awan
The conflict between PMS and PAS officers in Pakistan is a long-standing and complex issue that involves legal, political, administrative, and constitutional aspects. A critical evaluation of the conflict is essential for the general public to know it. Then, before a brief critical evaluation, the nature of the Pakistani state is crucial to comprehend.
According to Article 1 of the Constitution, Pakistan is a federal republic. A federal form of governance ensures the division of powers between federal and constituent units. Thus, in line with Article 70 (4) and the fourth schedule of the constitution of Pakistan, the powers are distributed between the federation and provinces. There is a Federal Legislative List FLL. Then, it has two parts, FLL I and II, with 59 and 18 powers, respectively. FLL part II is controlled by the Council of Common Interests, CCI, in line with articles 153 and 154, which is a common platform between federation and Provinces. Then, the residuary powers are with the provinces.
After federalism, Pakistan is a parliamentary governance. It means legislature must beget the executive, either political or bureaucratic. For example, if a provincial assembly elects a chief minister, it must also produce the chief secretary. Hence, the federal-parliamentary constitution of Pakistan requires that there must be an executive alignment of both parts of the executive from the exact legislature.
Furthermore, article 240 provides three types of services: Federal, All Pakistan and Provincial. Then, federal posts and services must work under FLL Part I and All Pakistan services under FLL Part II CCI or any common or joint platform. Furthermore, the provincial posts and services must work under the provincial subjects, to be legislated by the provincial assemblies. Therefore, there are three legislative domains, and accordingly, there should be relevant services. Hence, it is critical that none of the services may break the relevant legislative and executive domain of the federation of Pakistan.
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Now, what is the conflict? DMG/PAS is a service of the federation as per their rules of 1954, called the Civil Service of Pakistan, CSP composition and cadre rules. Then, how can they work in the CCI or Provincial domain? Can the rules of 1954 still exist after the promulgation of three constitutions, especially after the 18th Amendment?
Officers of Provincial Management Services PMS assert that there is no constitutional, legislative or legal provision available for the colonial scheme of reserving provincial posts for central services. Remember, the reservation of provincial posts ( the foundation of DMG ) is a colonial scheme which was abolished through the Independence Act of 1947 and never incorporated in the subsequent constitutions. However, the officers of PAS/DMG assert that the rules are still valid and they have the right to work in the provinces.
Therefore, one way to evaluate the conflict is to examine its historical and legal background. The PMS (Provincial Management Service) and the PAS (Pakistan Administrative Service) are two distinct civil service groups with different recruitment, training, promotion, and posting criteria. The PMS officers are recruited by the provincial public service commissions and serve within their respective provinces, while the PAS officers are recruited by the federal public service commission and can serve across the country. This arises a fundamental question? Can Federal Public Service Commission, under Article 242 of the constitution of Pakistan, recruit the federal officers on Provincial posts? Off course, FPSC can not recruit federal officers on provincial posts. Then, how can it is recruiting the federal officers of PAS and PSP on provincial posts?
The PAS was formerly known as the District Management Group (DMG), which was a successor of the colonial-era Civil Service of Pakistan (CSP). The CSP was abolished in 1973 by Prime Minister Zulfikar Ali Bhutto, who introduced a new system of civil service reforms that aimed to reduce the centralization and elitism of the bureaucracy. However, the DMG retained its privileged status and powers, especially in the district administration, which led to resentment and resistance from the provincial services. It is also critical to know that when CSP was abolished, how can it remained enforceable through other nomenclatures? The PMS officers have also been demanding equal opportunities and representation in the federal secretariat and other key posts on the same analogy, as PAS and other federal officers are holding in the provinces.
They have also challenged the legality and constitutionality of the PAS on provincial posts and also the induction of PMS officers into PAS through a competitive examination conducted by the FPSC. The PMS officers argue that this process violates Article 240, 241, and 242 of the Constitution, which empowers the provincial assemblies to make laws regarding the terms and conditions of service of provincial civil servants. They also contend that the PAS officers should work in the federal government where they belong. PMS officers further contend that the reservation of PAS officers in the provinces subvert the legislative, executive and financial authority of the provinces.
Another way to evaluate the conflict is to explore its political and administrative implications. The conflict between PMS and PAS officers reflects the broader issues of provincial autonomy, devolution of power, and governance reform in Pakistan. The 18th Amendment to the Constitution, passed in 2010, was a landmark achievement that enhanced the rights and responsibilities of the provinces in various domains, such as education, health, environment, law & order and local government. However, the implementation of the Amendment has faced many challenges and obstacles, such as lack of resources, capacity, coordination, and political will. The PMS officers claim that they are better suited to serve the needs and interests of their provinces as they have more local knowledge, expertise, and accountability. They also accuse the PAS officers of being loyal to the federal government and interfering in their affairs. The PAS officers counter that they are more competent, professional, and neutral than the PMS officers, who are often influenced by political pressures and parochialism. They also assert that they have a broader vision and perspective that can foster national integration and cohesion. The conflict between PMS and PAS officers has affected the performance and efficiency of the civil service, as well as the delivery of public services to the citizens. It has also created mistrust and polarization among different segments of the bureaucracy. PAS officers contented that their presence in the provinces is significant for the strengthening of the federation; however, the provincial officers responded that it is the forum of CCI, which is a joint forum, to make the federation assertive. Their presence in the provinces is creating more issues for the federation, as happened in the case of East Pakistan.
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A third way to evaluate the conflict is to consider its possible solutions and outcomes. The conflict between PMS and PAS officers requires a comprehensive and inclusive approach that can address the root causes and grievances of both sides. It is critical to reform the civil service system to ensure merit-based recruitment, training, promotion, and posting of all civil servants, regardless of their group or cadre. Furthermore, it is also critical to respect and implement the constitutional provisions regarding provincial autonomy and devolution of power, especially Article 240 (b), which gives the provincial assemblies authority to regulate their civil services.
Then, establishing a mechanism for consultation and coordination between the federal and provincial governments on matters related to civil service management and administration is essential. However, for this to happen, the forum of CCI needs to be functioning. The 18 CCI subjects, with their functional services, can adjust both PAS and PMS officers and make CCI functional, which seems a redundant body. The PAS officers can work in the federal and CCI governments. Is it not enough for them? Who to hold provincial positions? PAS officers can work in the Federal and CCI domains and uplift the performance of the federal and CCI governments.
Then, simply reserving provincial posts for central services is unconstitutional. There is an argument that it is important for federal officers to work in the provinces to gain knowledge and experience critical for working in the federal government. Irrespective of the legality of the argument, then, why is it not also essential for provincial services to work in the federal government to gain the experience effective for provincial governments? Then, if the argument is valid, there needs to be a pool of provincial and federal posts so that both services may take the required experience. Then, they can only be posted interchangeably on deputation; however, there is no way the posts can be reserved for either of the services.
The reservation of provincial posts for central services makes Pakistan a unitary, otherwise a federal governance. Then, it violates the constitutional, structural, and cadre alignment of posts and services, which are vital for the functionality of services. Therefore, constitutional, executive, legislative and legal alignment is critical. Hence, this reservation scheme of pots violates the 1/3rd of the constitution. Pakistan must have the legislative, fiscal and administrative federalism.
Lastly, the conflict between PMS and PAS officers in Pakistan is a manageable problem. It can be resolved through dialogue, negotiation, and implementing the constitution of Pakistan. Resolving this conflict can improve the quality and effectiveness of governance in Pakistan. It can also contribute to building trust and harmony among different stakeholders in the state and society. Hence, it is imperative for federalism, good governance and service delivery.
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