How can a new province be created in Pakistan? Constitution sets out a strict legal route

ISLAMABAD: The creation of a new province in Pakistan is not possible through an ordinary law or government notification.

Any proposal involving a change in the territorial boundaries of an existing province must go through the constitutional amendment process prescribed under Article 239 of the Constitution.

The issue of creating new provinces has remained a recurring subject of political debate, with demands emerging from different parts of the country. However, constitutional provisions set a high threshold for any such change.

Under Article 239, a constitutional amendment bill may originate in either the National Assembly or the Senate. For the amendment to proceed, it must secure the support of at least two-thirds of the total membership of the House in which it is introduced.

The bill must then be passed by the other House with a two-thirds majority of its total membership. If the proposed amendment involves changing the territorial limits of an existing province, however, an additional constitutional requirement comes into play.

Article 239(4) provides that such an amendment must also be approved by the Provincial Assembly of the affected province by a majority of not less than two-thirds of its total membership.

This means that a proposal to carve a new province out of an existing province would require agreement at both the federal and provincial levels. Political support in Islamabad alone would therefore not be sufficient to change the constitutional boundaries of a province.

The process also means that the question of creating a province is fundamentally different from establishing a new administrative division or district.

While administrative units can be reorganised through different legal mechanisms, the creation of a constitutionally recognised province involves changing the country’s federal structure and therefore requires constitutional amendment.

Public support or a referendum may carry political significance in such a debate, but a referendum by itself does not create a new province. The constitutional procedure must still be completed.

The high voting threshold reflects the significance of changing provincial boundaries.

The creation of a new province can have implications for political representation, parliamentary seats, provincial institutions, public administration and the distribution of resources.

For any proposal to become a constitutional reality, therefore, political demand must ultimately translate into the required parliamentary and provincial majorities.