Unraveling the Constitutional Quandary: The Status of FATA Pre-Merger in the 1973 Constitution

Abstract

This research article delves into the complex legal landscape surrounding the status of the Federally Administered Tribal Areas (FATA) under the Constitution of 1973 in Pakistan. FATA's historical and constitutional position has undergone significant changes, culminating in its merger with Khyber Pakhtunkhwa in 2018. The study meticulously examines the legal and constitutional evolution of FATA and its distinctive administrative framework, which persisted until the merger. The article critically analyzes the various constitutional provisions, amendments, and legal instruments that governed FATA, shedding light on the intricacies and anomalies within the Pakistani legal system. It also explores the challenges and implications of merging FATA with Khyber Pakhtunkhwa and the impact on the region's political, social, and economic landscape. Through an in-depth examination of legislative history and case law, this research seeks to provide a comprehensive understanding of the legal status of FATA before its merger, offering valuable insights into the broader issues of constitutionalism, governance, and the protection of fundamental rights in Pakistan. By revisiting the pre-merger legal framework, this article aims to contribute to the scholarly discussion on constitutional law and governance in Pakistan.