বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (দ্বিতীয় খণ্ড)/১৩১
All the political parties in the country demand provincial autonomy, although here are material differences among them about the nature and extent of provincial autonomy. Provincial autonomy in simple terms means that the provinces shall he the masters of their own house. It signifies that the powers of the government shall be divided between the federal government and the governments of the federating units in such a manner that the Federal and provincial governments are each, within a sphere, co-ordinate and independent. Each government is independent within its own sphere of authority. The constitution demarcates powers between the federal government and the government of the federating units. Neither is superior to the other; they exist as partners in a commonwealth. Neither government can make inroads into the jurisdiction of the other. The actual allocation of powers between the two sets of governments cannot be altered by either acting alone. This is the meaning of provincial autonomy,
The exact quantum of powers to be given to each government, provincial and federal, depends on a number of factors: geography, political situation, the economic issues, history, and exigencies of circumstance. These are not uniform in all federations. There is nothing unusual about it. What is true of the U. S. is not true of Canada. The conditions in Pakistan differ from those in many other countries.
There are various methods of dividing powers between the federal and provincial governments. First, the powers of the federal government may be enumerated and the residue may be vested in the provinces or states. Second, the powers of both the federal government and provincial governments may be enumerated. The residue may be vested in either of the two governments. Third, there may be a three-fold list: a federal list' a provincial list, and a concurrent list. Both the governments may make laws on the matter included in the concurrent list but in case of a conflict between the two laws the federal laws shall prevail.
I propose to discuss the exact powers given to the federal or central government in Pakistan under the Government of India Act, 1935, as adapted and amended in the light of the Indian Independence Act, 1947, and the constitutions of 1956 and 1962. The main powers of the central government under the constitutional arrangements as stated above were almost identical, although the central government had more powers under the constitution of 1962 than under the two previous constitutional systems. After stating the powers of Central government, I shall discuss the use made of these powers by the Central government and the consequences that have stemmed out of it. This will go a long way in explaining the background of the demand for provincial autonomy and also the nature and extent of provincial autonomy that is now demanded.
The powers of the Central Government were:
1. Defense: military, naval and air force; naval, military and air force works, industries connected with defense, and manufacture of arms of all types.
2. Foreign Affairs: all matters which bring Pakistan into relation with any foreign country, treaties and arguments, diplomatic, consular and trade representation, international organizations, war, peace, extradition, foreign and extra-territorial jurisdiction.
3. Trade and Commerce: trade and commerce between the provinces and with foreign countries, import and export across custom frontiers.
4. Currency, Coinage and legal tender: foreign exchanges and negotiable instruments: State Bank of Pakistan; banking with objects and business not confined to one province.
5. Public debt of the federation, the borrowing of money, the security of the federal consolidated fund, foreign loans.
6. Insurance and corporations.
7. Stock exchanges and future markets.
8. Navigation, Shipping, Airways, Aerodromes, aircrafts and air navigation, light houses.
9. Major ports.
10. Federal Public Services, all Pakistan Services, Federal Central Public Service Commission, Federal pensions.
11. Posts and all forms of telecommunications, including Broadcasting and Television.
12. Industries, owned or set up by the federation.
13. Mineral oil and natural gas.
14. Census, the survey of Pakistan, Geological Surveys of Pakistan.
15. Federal agencies and federal institutes.
16. Duties of customs, including export duties.
17. Duties of excise on tobacco and other goods manufactured or produced in Pakistan except alcoholic liquor, opium, etc.
18. Co-operative tax.
19. Salt.
20. Taxes on income other than agricultural income.
21. Taxes on the sale of goods.
22. Taxes on the capital value of the assets, taxes on the capital of the companies.
23. Duties in respect of succession to property.
24. Estate duty in respect of property.
25. The rates of stamp duty in respect of bills of exchange, cheques. promissory notes, etc.
26. Terminal taxes on goods and passengers; and
27. Taxes on mineral oil and natural gas.
Under the constitution of 1956, economic and social planning was put in the concurrent list. But in reality there was a Planning Board under the federal government, and this board was concerned with economic and social planning. Under the 1962constitution national economic planning and national economic co-ordination was one of the subjects enumerated in the Central list. In addition, the central legislature under 1962 constitution was empowered to make laws on any subject on grounds of national interest in relation to:
(a) The security of Pakistan, including the economic and financial stability of Pakistan.
(b) Planning or co-ordination.
(c) Achievement of uniformity in respect of any matter in different parts of Pakistan.
From this it is clear that all the essential powers-defense, foreign affairs, foreign trade and commerce, inter-provincial trade and commerce, foreign exchange, foreign loans and aids, national economic planning and national economic coordination, currency, coinage and legal tender, almost all the elastic sources of revenue, and the two key all-Pakistan Services-have been concentrated in the hands of the Central Government since 1947. The consequences of this heavy concentration of key powers in the hands of the Central Government are discussed below:
It has led to the growth of increasing volume of disparities in all vital matters economic, financial per capita income, investment, utilization of foreign exchanges. manufacturing; on revenue, capital and development accounts, foreign aids and loans, investments in semi-autonomous bodies, transport and communications, social and economic overhead facilities, living standards, regional savings and investment, public personnel and expenditure on it, and defense personnel and expenditure between East Pakistan and West Pakistan. These disparities which have been expanding in volume, variety and magnitude have been (he result of policies pursued during the last twenty- three years by the central government which has been armed with the powers as stated above. The consequence of these disparities which have given rise to serious economic, political, administrative and military imbalances between two wings of the country leading to the concentration of wealth and power in West Pakistan at the cost of East Pakistan, need to be analyzed and discussed. Real national integrity in actual practice and not in words, however, beautiful, depends on the permanent elimination, root and branch, of the causes of disparity.
Foreign trade, foreign exchange and their utilization:
Let us now examine the total exports and imports of East Pakistan from 1947-48 to 1967-68, and see how foreign exchange carnings have been utilized and with what consequences. The total export from East Pakistan during this period amounted to Rs. 2,239.5 crores whilst import amounted to Rs. 1,630.89 crores. During these years East Pakistan had a surplus of Rs. 608.7 crores. During the same period the value of exports from West Pakistan amounted to Rs. 1759.7 crores and her imports amounted to Rs. 3110.5 crores. She had a deficit of Rs. 2039.8 crores.
These figures show that the external balance of East Pakistan has been exceedingly favorable while that of West Pakistan has been extremely unfavorable. But East Pakistan was not allowed to use her favorable balance of trade for the benefit of her people. This had a number of serious consequences for East Pakistan. First, East Pakistan was not allowed to import goods worth Rs. 608.7 crores during the last 21 years. She could not utilize on average, a sum of Rs. 30 crores of her foreign exchange earnings annually for her own benefit. Hence, she was deprived of the opportunity of deriving the benefits that might have accrued to her out of the investment of Rs. 608.7 crores in 21 years. Second, international trade means exchange of good for goods or egress and ingress of goods. As East Pakistan could not import goods it created a vacuum in East Pakistan. The gap was filled up by the release of artificial paper currency which created a highly inflationary situation causing untold hardships to the common man. Third, East Pakistan's surplus foreign exchange earnings were utilized for importing capital goods for building up industries in West Pakistan, the products of which were for consumption. These figures not only describe but also explain the huge disparity in the industrial development of the two wings.
This inter-wing disparity has been the direct result of utilizing East Pakistan's foreign exchange earnings for the benefit of importers in West Pakistan through import controls and liberal bank credit in West Pakistan.
Fourth, East Pakistan has been surrendering a significant portion of her foreign exchange earnings to pay for goods and services purchased from West Pakistan. There is no doubt that the value of foreign exchange is much higher and that it cannot be equated with internal purchases in rupees. East Pakistan would have been much better off economically, if instead of being required to make purchases from West Pakistan, it could use its foreign earnings to buy from abroad were prices have been most significantly lower. It is also true that capital goods are obtainable in the international market, hence surrendering of scarce foreign exchange earnings by East Pakistan has meant a disastrous economic loss through a reduction of her imports of capital goods.
Fifth, in so far as the surrendering of foreign exchange earnings has caused the import of her capital goods to be financed out of foreign aids and loans, and additional cost is involved in that East Pakistan has to pay interest on foreign loans, and has to pay a price for her imports which is much higher than the international competitive price.
It is a universally known phenomenon that the non-availability of capital goods has been the most serious bottleneck that has impeded the pace of development in East Pakistan.
This has been due to the policies in regard to import controls and allocation of foreign exchange earnings pursued by the Central Government during the last 21 years, is beyond any shadow of doubt. Finally, the balance of trade of East Pakistan also signifies the net transfer of her savings to, and their investment in, West Pakistan.
During the same period West Pakistan spent Rs. 2,019 crores more than she earned. Her foreign exchange earnings amounted to Rs. 1,759.7 crores and her imports amounted to Rs. 3,779.5 crores. Thus leaving a staggering deficit of Rs. 2,019.8 crores. This means that she utilized surplus foreign exchange earnings of East Pakistan and also the foreign aids and loans up to this level.
That is the imperative reason as to why East Pakistan wants to have full and plenary control over her own foreign exchange earnings. This will enable her to utilise those resources for the good of the people of East Pakistan. The policy pursued by the Central Government in allocation of foreign exchange carnings has amounted to a gross violation of the constitutionally accepted principle in the matter. East Pakistan lost her faith in paper guarantees. She wants her full share. That the policy of the Central Government has been disastrous to East Pakistan, is beyond doubt. East Pakistan wants to reverse this process completely. She is quite willing to pay her agreed share of the foreign exchange requirements of the Central Government. This is just and reasonable. This is also the reason why East Pakistan wants the interests on loans and payment of capital to be made on the basis of their place of utilization. East Pakistan's full control over her foreign exchange carnings is urgent vital and necessary for her sheer survival. No reasonable man, except those with cold feet and hot heads, can fail to understand and appreciate the rationale of this demand. East Pakistan wants complete control over her own foreign exchange to be provided for in the future constitution. That this is a vital aspect of provincial autonomy is transparently clear.