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Articles Section














                       Borrowing Powers under Article 160:


             A Forgotten Mandate of Pakistan’s NFC Awards




              Pakistan’s inter-governmental  fiscal system has evolved   ation and the provinc-
              over more than seven decades, shaped by historical   es. Initially, the coun-
              legacies, constitutional reforms, and the political   try operated under an
              economy   of  federalism. The  National  Finance  ad hoc arrangement
              Commission (NFC) is at the heart of this system, tasked   based on the Niemey-
              under Article 160 of the 1973 Constitution with ensuring   er  Award  (1937).
              equitable distribution of resources between the federal   Under this arrange-
              and provincial governments. While the NFC has made   ment, sales tax was
              significant strides in addressing revenue-sharing issues, a
                                                               treated as a provincial
              critical dimension borrowing powers has been     subject, while 50% of
              consistently neglected, despite its explicit inclusion in
                                                               federal income tax
              the constitutional framework  (Ahmed & Ahmad, 2016).   collections were
              The consequences of this omission are profound.
                                                               redistributed among
              Pakistan today faces one of the highest public debt   the provinces.      Dr. Noor Alam
              burdens in its history, accompanied by persistent fiscal   Pakistan inherited a   Senior Fellow and
              deficits, limited tax revenues, and deep intergovernmen-  highly centralized   Associate Professor,
              tal imbalances that strain the country’s fiscal federalism   financial structure   Institute of Business
              (IMF, 2023). This fiscal stress has created challenges in   from British India,   Management, Karachi
              sustaining economic growth, financing development   where most taxation
              projects, and maintaining macroeconomic stability.   and revenue powers were concentrated at the federal
              Understanding how this situation evolved requires
                                                               level, leaving the provinces dependent on federal transfers
              tracing the historical trajectory of the National Finance   to meet their basic expenditure needs.
              Commission (NFC) and examining the reasons why
              borrowing a constitutionally mandated agenda item   As a result, provincial governments were heavily

              under Article 160 has been consistently overlooked in   dependent on federal transfers to meet their basic
              successive NFC Awards.                           functional  responsibilities,  including  education,
              To fully grasp why borrowing remains excluded from the   healthcare, policing, and infrastructure development
              NFC’s deliberations, it is essential to first review Pakistan’s   (Khan, 2017). During this early period, ad hoc
              early fiscal history and the evolution of its revenue-shar-  arrangements such as the Raisman Award of 1947
              ing mechanisms.  These initial arrangements not only   (implemented in 1952) and subsequent adjustments in
              shaped the intergovernmental fiscal landscape but also   the 1960s were introduced to distribute limited tax
              entrenched patterns of dependency and centralization   revenues. However, these arrangements focused
              that continue to influence fiscal relations today.  exclusively on revenue sharing and did not establish a
                                                               sustainable framework for fiscal autonomy or
              Early Revenue-Sharing Arrangements               coordination  between   federal  and   provincial

              (Pre-1973)                                       governments, laying the groundwork for the fiscal
                                                               imbalances that persist today.
              In the immediate aftermath of independence in 1947,
              Pakistan had no formal institutional mechanism for the
              equitable allocation of fiscal resources between the feder-


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