Government of Khyber Pakhtunkhwa Energy & Power Department

18th Amendment and its impact on Energy Sector

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Comparison of Articles of 1973 Constitution before and after 18th Amendment related to Energy & Power Department

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• The 18th Constitutional Amendment was unanimously passed by the Parliament and notified in the Gazette of Pakistan on 20th April, 2010. 

• This amendment introduced changes to about 36 percent of the 1973 Constitution of Pakistan: 102 out of 280 Articles of the Constitution were amended, inserted, added, substituted or deleted. The 18th Constitutional Amendment has redefined the structural contours of the state through a paradigm shift from a heavily centralized to a predominantly decentralized federation.

• The 18th amendment has re-demarcated the jurisdictions at the federal, inter-provincial and provincial levels by revising the Federal Legislative List Part I and Part II and abolishing the erstwhile Concurrent Legislative List. Subsequently, the legislative and executive authorities of the federal and provincial governments have been delimited by assigning the exclusivity of 53 subjects to the federal government, 18 subjects to the Council of Common Interests (CCI) and all residual subjects to the provincial governments. Further redistribution of functions at the district, tehsil and union council levels has been vested with the provincial governments in accordance with the policy framework enunciated in Article 140 (A) of the Constitution.

Clause Before 18th Amendment

After 18th Amendment

154 Functions and rules of procedure.

(1)The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and, in so far as it is in relation to the affairs of the Federation, the matter in entry 34 (electricity) in the Concurrent Legislative List, and shall exercise supervision & control over related institutions.

(1) The Council shall formulate & regulate policies in relation to matters in Part II of the Federal Legislative List & shall exercise supervision & control over-related institutions”.

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Dialogues between Federal & Provincial Government

Gas AllocationProvincial Government has requested Federal Government as

per Article 158 to allocate Natural Gas for Intended GTCC Power Plant at Khushalgarh, Kohat (800 MW)

Federal Government has given the PPIB authority to provide gas through Competitive Bidding System

Provincial Government has right to utilized the gas as per their requirements

Violation of Article 158Matter to be brought to CCI Article 154 5

Dialogues between Federal & Provincial Government

Power DistributionGovernment of Khyber Pakhtunkhwa should be given

the right to consume power produced from intended power plant in the province

Khyber Pakhtunkhwa is deprived of their due amount of Electricity as per NFC Awards Formula

The Federal Government should ensure the availability of the exact amount of Power in the provinces

Violation of Article 157 6

Case Study: Machai & Ranolia Power Plants Dilemma

Machai Hydel Power Project & Ranolia HPP clearly demonstrate lack of interest of Federal Entities

2.6 MW Machai & 17 MW Ranolia Power Plants have already been completed

NTDC is not taking keen interest in power evacuation from the plant

The lack of co-operation by Federal Government is harmful to both Provincial and Federal resources. 7

Dialogues between Federal & Provincial Government

RLNG ISSUERLNG distribution issues has been controversial and

violates Article 154 of Constitution of PakistanRLNG lies in scope of CCI as per Part II of Fourth

Schedule of Constitution of Pakistan RLNG has been debated in ECC which is not the

appropriate forum Khyber Pakhtunkhwa has requested Federal Government

to allocate LNG for a Power Plant in the province8

Dialogues between Federal & Provincial Government

Liquid Petroleum Gas (LPG)The LPG lies in scope of Article 154 being in

Part -IIThe provinces reservations regarding various

LPG issues are not debated in the CCI Forum yet.

The production and consumption of LPG should be debated in the CCI forum

LPG and all other Oil & Gas resources should be dealt with under the umbrella of the Article 158

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ConclusionEasy solution is to Obey the Constitution of PakistanComplete implementation of 18th AmendmentFederal Government and Provincial Government should

co-ordinate with the issues for smooth running of the project

Federal Government should not surpass the CCI forum and should maintain Sanctity of Constitution of Pakistan

Federal Government should not interfere in self explanatory Articles of Constitution

Governments (Federal + Provincial) have to thrive hard together for the betterment of Pakistan

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THANK YOU

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