Revisiting the 26th Constitutional Amendment: Implications for Democracy and Federalism in Pakistan

Abstract

The changes that took place in October of 2024 with the 26th Constitutional Amendment of Pakistan are a step that will hugely alter the political and constitutional landscape in the country. The Amendment that has such far-reaching impacts on democracy and federalism is mainly designed to provide increased representation to the now Federally Administered Tribal Areas (FATA) in the Khyber Pakhtunkhwa Provincial Assembly. On the one hand, it strengthens democratic participation, making the politics of unheard communities inclusive. On the other hand, it raises some serious issues about the balance of federal power, equal distribution of resources, and efficiency of provincial governments. As the paper will revisit the Amendment as a historical, political, and constitutional amendment, its role will be critically assessed to establish the democracy values enhancement as it also questions the concept of federalism. Using legislative debates, constitutional theory, and realities on the ground, the study aims to provide a nuanced understanding of how the 26th Amendment affected the Pakistani democratic process and its federal system.