IN recent times, a national dialogue has suddenly taken centre stage on the setting up of new provinces/ administrative units. It is perhaps irrelevant to seek its origin. Suffice it to say that the issue has assumed importance politically and is at the heart of all political debate that takes place. In all inquiries, the first step is to ask the right question. The right question that begs an answer is: does our Constitution envisage the creation of new provinces so as to change Pakistan’s geographic contours?

Pakistan is a federal republic and its territories comprise the provinces of Balochistan, Khyber Pakhtunkhwa, Punjab and Sindh, apart from the federal capital. Part XI of the Constitution deals with amendment of the Constitution wherein resides a specific provision that relates to an amendment which would have the effect of altering the limits of a province. Clause (4) of Article 239 provides that: “A bill to amend the Constitution which would have the effect of altering the limits of a province shall not be presented to the president for assent unless it has been passed by the provincial assembly of that province by the votes of not less than two-thirds of its total........

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