Pakistan’s constitutional framework has once again come under discussion following renewed calls by senior federal ministers for administrative reforms through the creation of new administrative units.
The debate has intensified after Federal Interior Minister Mohsin Naqvi and Federal Minister for Communications Abdul Aleem Khan advocated the formation of “new units” to improve governance and administrative efficiency across the country.
Despite growing political discussion, constitutional experts emphasize that the creation of new provinces or any alteration to the boundaries of existing provinces is governed by a clearly defined and stringent legal process under the Constitution of Pakistan.
In this regard, as per the Article 239(4) of the Constitution, any constitutional amendment that seeks to alter the territorial limits of a province cannot proceed without the approval of the concerned provincial assembly.
The provision requires that the proposal be endorsed by at least a two-thirds majority of the total membership of the relevant provincial assembly, rather than a simple majority.
The proposed constitutional amendment must also secure the constitutionally required two-thirds majority in both houses of Parliament—the National Assembly and the Senate. Only after obtaining the necessary parliamentary approval can the amendment be presented to the President of Pakistan for formal assent.
Pakistan’s constitutional history offers a significant example of this legal procedure. In 2018, the 25th Constitutional Amendment resulted in the merger of the former Federally Administered Tribal Areas (FATA) into Khyber Pakhtunkhwa.
The merger was implemented after fulfilling all constitutional requirements, including the necessary approvals from the relevant legislative bodies.
The renewed discussion over administrative restructuring has also revived public interest in long-standing proposals for new provinces, including South Punjab and Hazara. Constitutional experts maintain that any future proposal for the establishment of new provinces must strictly follow the same constitutional procedure outlined in Article 239(4).
