Overview of Article 246 of the Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, stands as the fundamental legal document governing the nation. Among its many provisions, Article 246 holds particular significance as it delineates the status and administration of Tribal Areas within the country. This article plays a pivotal role in defining the territorial and administrative divisions, especially regarding Provincially Administered Tribal Areas (PATA) and Federally Administered Tribal Areas (FATA).
Article 246 States
246. Tribal Areas
In the Constitution,
- “Tribal Areas” means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes
- the Tribal Areas of Balochistan and the Khyber Pakhtunkhwa Province;
- the former States of Amb, Chitral, Dir and Swat;
- “Provincially Administered Tribal Areas” means
- The districts of Chitral, Dir and Swat (which includes Kalam), the Tribal Area in Kohistan district, Malakand Protected Area, the Tribal Area adjoining Mansehra district and the former State of Amb; and
- Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis Tehsil of Chagai District and Marri and Bugti tribal territories of Sibi district;
- Federally Administered Tribal Areas includes
- Tribal Areas adjoining Peshawar district;
- Tribal Areas adjoining Kohat district;
- Tribal Areas adjoining Bannu district;
- Tribal Areas adjoining Lakki Marwat District;
- Tribal Areas adjoining Dera Ismail Khan district;
- Tribal Areas adjoining Tank District;
- Bajaur Agency;
- Orakzai Agency;
- Mohmand Agency;
- Khyber Agency;
- Kurram Agency;
- North Waziristan Agency, and
- South Waziristan Agency ; and
- On the commencement of the Constitution (Twenty-fifth Amendment) Act, 2018, the areas mentioned in-
- paragraph (b),-
- in sub-paragraph (i), shall stand merged in the Province of Khyber Pakhtunkhwa; and
- in sub-paragraph (ii), shall stand merged in the Province of Balochistan; and
- paragraph (c), shall stand merged in the Province of Khyber Pakhtunkhwa.
- paragraph (b),-
Key Points of Article 246 of the Constitution of Pakistan
- Provincially Administered Tribal Areas (PATA): These regions, specified in subsection (b), are administered by the respective provinces. The districts of Chitral, Dir, Swat, and other tribal territories stand out as examples, each with its unique historical and cultural context.
- Federally Administered Tribal Areas (FATA): Subsection (c) outlines FATA, which comprises various agencies and districts directly administered by the federal government. Bajaur Agency, Mohmand Agency, and Khyber Agency are among the mentioned areas, each playing a distinct role in the nation’s governance.
- Merger: A crucial aspect of Article 246 is the provision for the merger of certain areas into the provinces of Khyber Pakhtunkhwa and Balochistan. This significant change, enacted through the Constitution (Twenty-fifth Amendment) Act, 2018, reshapes administrative boundaries and reflects evolving governance strategies.
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Crux of Article 246 of the Constitution of Pakistan
At its core, Article 246 aims to provide a comprehensive framework for the governance and administration of Tribal Areas in Pakistan. It acknowledges historical distinctions and political nuances, offering a legal foundation for the integration and classification of these regions.
The constitutional provisions outlined in Article 246 not only recognize the unique cultural and historical aspects of Tribal Areas but also demonstrate the flexibility of the legal system in adapting to changing geopolitical landscapes. The distinction between PATA and FATA reflects the nuanced approach required to balance federal and provincial interests while respecting the autonomy of these regions.
Conclusion: Article 246 of the Constitution of Pakistan
In conclusion, Article 246 of Pakistan’s Constitution serves as an illustration of its commitment to inclusive governance. By acknowledging Tribal Areas’ historical significance and providing them with legal protections against their administration, this provision highlights how adaptable Pakistan’s legal system can be.
The merger of certain areas into provinces signifies a progressive step towards aligning administrative boundaries with contemporary needs. As Pakistan continues to evolve, Article 246 remains a crucial element in the nation’s legal landscape, guiding the governance of Tribal Areas and shaping the trajectory of their integration into the broader political and administrative framework.
