Creating a provincial police service.

Civil service reforms in Pakistan have been an eyewash. These often fail even before they start. Unfortunately, there are civil service monopolies in the administrative corridors of power and politicians have not been able to dissect and lead the processes of administration. Consequently, politicians are dependent upon the craft of civil servants in the affairs of administration and even to reform the services. Who will reform the civil service? Constitutionally, it is the mandate and obligation of the political executive to reform civil services but this has never been the case. Politicians always empower the federal bureaucrats to reform civil services who cunningly uphold the colonial scheme of reserving provincial posts for central services. Therefore, the service reforms have only been restricted to changes in the nomenclature of the services. The existing scheme of reserving provincial posts for central services conflicts with constitutional federalism and the Provincial Civil Servants Act. Consequently, the objectives of civil service reforms can only be realised if independent constitutional and structural experts are empowered to reform the civil services.

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Police reforms require fundamental constitutional alignment. Should the Police be organised centrally or provincially? The administration of police is a provincial subject according to Article 70(4) and schedule IV of the constitution. Chapter two of the constitution enforcing principles of policy under article 37 (i) categorically makes sure to decentralise the administration to facilitate expeditious disposal of its business to meet the convenience and requirements of the public. Yet, in consonance with the constitutional provisions, it is constitutionally required to raise police service provincially not centrally. Hence, the best process of reforming the police is to implement the constitution. Law and order is a provincial subject. Article 240 (b) of the constitution empowers the provincial assembly to legislate provincial posts and services. The Punjab government rules of business, 2011 empower the Home Department of the province to raise provincial police service. However, against the constitutional scheme, the police are organised centrally in the form of the Police service of Pakistan (PSP) without enactment and legal instruments.

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