Sindh's claim over a greater share in the NFC Award is bedded in its oil and gas reserves. With the province already supplying 23pc of Pakistan's oil and 67pc of its gas, future discoveries can reopen constitutional questions.
In the midst of a gas supply crisis across Sindh in December last year, Chief Minister (CM) Murad Ali Shah lambasted the federal government in a press conference outside the Sindh Assembly.
“How is it possible in a welfare state ... that the people of Sindh are first deprived of water and now being denied gas supply,” he boomed. Ministers accompanying the CM added the federal government was committing a “flagrant violation” of Article 158 of the Constitution, arguing that it was either incompetent or it was wittingly deviating from the Constitution.
The crisis rumbled into this year.
In January, Shah would go on to call for revisiting the criteria of the National Finance Commission (NFC) Award — the instrument used to distribute taxes collected among the provinces. The CM argued that more weightage ought to be given to the quantum of revenue generation rather than the provinces’ population.
Till now, no formula has been agreed upon on a revision of the NFC Award and the status quo persists.
But the matter of oil and gas exploration and production in Sindh has come to the fore once again after Prime Minister Imran Khan (perhaps prematurely) made the claim that Asia’s largest gas and oil reserves might soon be discovered near Karachi.
The claim of better days ahead ought to have provided a silver lining in the distance, but it also set alarm bells ringing: will Sindh even get its due share if these reserves were successfully explored? Will the NFC Award still enjoy constitutional protection? And is the idea of rolling back the 18th Amendment linked to potential discovery of new oil and gas reserves? Will the balance of power between the centre and provinces once again be altered?
NFC award, oil and gas
The Pakistani constitution stipulates that whatever grows or exists above ground level is an asset of the province, and what is found beneath the core of the earth is considered to be the asset of the federal government. In the same manner, whatever exists within 30 nautical miles of the coast is under the jurisdiction of the provincial government but the centre stakes claim to whatever lies beyond that.
This creates a substantial dichotomy, particularly with regards to the 18th Amendment to the constitution.
The 18th Amendment stipulates that the collective provincial shares in the divisible pool may not be reduced from 57.5 percent. The amendment, of course, provided unprecedented protection for the provinces but it also put pressure on the centre’s finances — how will it foot the substantial wage bill of the bureaucracy, the armed services as well as federal debt servicing?
Of late, the government in Islamabad has been broadcasting the financial crunch it finds itself in. One way out of the mess — and arguably what the government is banking on — is if large oil and gas reserves are successfully found off the Karachi shore. And while there is great prosperity to look forward to if this situation turns into reality, there are finer matters also at play.
Potential oil and gas discovery in Sindh directly impacts the power relationship between the centre and the provinces. The 18th Amendment left in its wake some unresolved political questions — for example, in the event of successful oil and gas exploration, what would be the respective mandates of the centre and the provinces?
At present, things are shrouded in confusion. At the centre, matters pertaining to oil and gas are dealt with by the Ministry of Petroleum and Natural Resources. Sindh, however, has no dedicated mechanism. It currently has an energy department that deals with these matters which is dealt with by the CM.
With Karachi’s population and internal migration towards the city increasing at a great pace, the matter of who can and who cannot benefit from oil and gas resources will surely come into sharp focus. Central to that is power: who wields what and how much. Fears in Sindh about the rollback of the 18th Amendment are premised on the assumption that power and finances may once again be stolen from provincial and local administrations.
Then there are issues of how the NFC Award is calculated.
Consider, for example, the fact that taxation falls in the realm of the NFC Award but profits do not. So, taxes collected from the sales of oil and gas shall be distributed among provinces. While Sindh would ultimately be managing and operating oil and gas operations, it has no legal claim over resources found beyond 30 nautical miles and therefore, no claim to a share in the profits.
It is for this reason that CM Shah, after the last meeting of the Council of Common Interests (CCI), has been emphasising more on the fate of oil and gas than the NFC Award itself. The province’s position now is that more refineries need to be built in Sindh’s cities other than Karachi. This reflects the province’s direct interest in the matter of exploration, production and consumption of oil and gas. If large oil and gas reserves do become a reality, then Pakistan needs to attempt to harmonise the distribution of power, resources and jurisdiction between the centre and the provinces.
Discovering oil offshore
A brief history of exploration
To contextualise the present, one must look back and understand the past. Eos presents selected passages from the recently published book, 'The Economy of Modern Sindh' by Ishrat Husain, Aijaz A. Qureshi, and Nadeem Hussain.
Before the late 1950s, Sindh was not known to be rich in hydrocarbons. The government of India began exploratory activity in Sindh in 1893 by drilling a well in Sukkur, which did not result in any yield. The next attempt for the search of oil and gas in Sindh began after an interval of more than three decades by the Burmah Oil Company, a Scottish oil business based in Khairpur. Like its predecessor, the project did not result in discovery of oil. Until 1947, exploration was underway mainly in Punjab, where four oil discoveries were made since the initiation of the process in 1868.
After the creation of Pakistan, the nascent country strove to meet its energy requirements independently. Pakistan Petroleum Limited (PPL) was founded in 1950. Its first project comprised of drilling near the town of Sui, Balochistan, leading to the discovery of the largest gas field of the country.
Several players were involved in oil and gas exploration in Punjab, Balochistan, and Sindh. Table 1 shows, however, that no gas was discovered in Sindh until 1956 and no oil was found until 1981.
In 1957, Pakistan Petroleum discovered natural gas in Khairpur. In the same year, gas reserves were found both in Mari (of 6.3 trillion cubic feet, the second largest gas reserves in Pakistan) and Talhar by Pak-Stanvoc Petroleum Project (a joint venture of the Government of Pakistan and Esso Eastern Incorporated). The next year, Burmah Oil Company drilled and discovered some gas in Lakhra, Badro, and Phulji Dadu. And in 1959 Pak-Stanvoc Petroleum Project discovered a small gas reserve in Bathoro and some gas and oil in Nabisar. The project also attempted to drill oil in Badin, but did not discover any reserves. In the same year, PPL discovered a meagre amount of gas in Kandhkot and Mazarni.
However, during 1960-70 gas exploration shrunk and the focus shifted to oil exploration across Pakistan. The companies that were involved in exploration during this period were Sun Oil Company (SOC), ESSO Eastern Inc. (ESSO), and the Oil and Gas Development Corporation (OGDC, established in 1961). Sun Oil Co. focused mainly on coastal areas; it drilled wells in Patiani Creek and Dabbo Creek in 1964, and Korangi Creek in the following year. The oil exploration proved fruitless all over the country. 453 exploratory wells were drilled out of which 60 were located in Sindh and, as a result of these efforts, only one small gas field was discovered at Sari, Sindh, by OGDC in 1966.