M. Ilyas Mullakhel
Peshawar – The Constitution of Pakistan, 1973, especially after the landmark 18th Amendment provides a clear framework for the division of powers between the federation and the provinces. Among the key sectors governed under this division is the generation and distribution of electricity. Despite its vast natural resources, especially in hydropower, the province of Khyber Pakhtunkhwa (KP) continues to suffer from prolonged and unjustified load shedding raising serious constitutional and human rights concerns.
Hydropower-Rich Yet Energy-Deprived,
Khyber Pakhtunkhwa is naturally rich in water resources.Rivers such as the Swat, Kabul, and numerous other tributaries provide ideal conditions for hydel power generation. According to 2025 data, KP generates approximately 4,000 to 4,500 megawatts (MW) of electricity.Major hydropower projects such as Tarbela (although federally managed, it is located within KP), Daraal Khwar, Matiltan, and others contribute significantly to the national grid.
In stark contrast, the province’s own electricity demand remains under 2,500 MW, meaning KP produces substantially more power than it consumes. However, power transmission and distribution remain under the control of federal bodies such as the National Transmission and Dispatch Company (NTDC) and DISCOs (Distribution Companies), raising questions about provincial autonomy and resource control.
Constitutional Framework and Article 157,
The Constitution explicitly addresses energy-related powers in Article 157, which states:
A province has the right to construct power generation schemes within its territorial jurisdiction.
With Federal consent, a province can also establish transmission and distribution systems.
Crucially, if the Federal Government intends to transmit electricity generated in one province to another, prior consent from the concerned province (in this case, Khyber Pakhtunkhwa) is mandatory.
Following the 18th Constitutional Amendment, energy has been recognized as a provincial subject, giving provinces broader authority over planning and executing power projects.The Concurrent List was abolished, expanding provincial autonomy.However, key institutions like WAPDA and NTDC remain under federal control, often limiting the practical application of these constitutional provisions.
Is Load Shedding in KP Unconstitutional ?
This issue presents a dual challenges, legal and administrative.
On the one hand, it is deeply unjust and administratively irrational for a province producing surplus electricity to experience frequent and prolonged power outages. In many areas of KP, residents endure 16 to 18 hours of daily load shedding, despite timely bill payments and minimal line losses. This situation not only undermines governance but also breaches citizens’ basic rights, including the right to a dignified life and access to essential services.
Through credible technical sources, an important technical , unlawful and unfair practice has been ongoing from a long time, by PESCO officers and staff. In this practice, the AT&C (Aggregate Technical & Commercial) losses of a feeder are artificially manipulated through traditional and deceptive methods.To conceal self-created line losses, avoid blame, and portray good performance, PESCO officers and staff add loss units worth millions of rupees through overbilling and by including them in the bill accounts of disconnected connections, government institutions, government and private tube wells and others that are non longer operational.
As a result, during intense heat, regular consumers are facing severe electricity load-shedding.
This has further widened the gap between consumers and the company.
The situation is now manifesting in the form of non-payment of electricity bills and widespread electricity theft.
From a legal perspective, if the Federal Government transmits electricity from KP to other regions without the province’s consent while depriving its own residents, this violates the spirit of Article 157. Such actions raise questions of constitutional overreach and disregard for provincial rights.
However, since transmission and grid control remain federally managed, a strong constitutional and political foundation is required for any legal recourse
.Mere administrative complaints will not suffice unless backed by a united provincial stance and judicial action.
Legal and Political Avenues,
1. Establishment of a Provincial Grid
The KP government must explore the creation of an independent provincial grid system to take control of the electricity it generates. This would align with the province’s rights under the Constitution and the 18th Amendment.
2. Judicial Redress
If the province can demonstrate that federal entities are violating its constitutional rights, the matter can be taken to higher courts, including the Supreme Court of Pakistan.
3. Engagement with the Council of Common Interests (CCI)
The KP government should actively raise this issue at the CCI platform, which is specifically tasked with resolving inter-provincial and federal-provincial disputes.
Conclusion,
Khyber Pakhtunkhwa’s ongoing energy crisis, despite being a major electricity producer, represents more than just a management failure , it is a constitutional dilemma. If a province owns the resources and generates power in excess of its needs, denying its citizens access to electricity is not only unjustified but also unconstitutional.
As the nation continues to grapple with energy challenges, respecting provincial rights and ensuring equitable resource distribution will be critical to maintaining national cohesion and constitutional integrity.
Regarding this Legal and Administrative issues, Daily Newsman reached out to Arbab Usman Khan, leader of the Awami National Party (ANP) and Member of the Khyber Pukhthoonkhwa (KPK) provincial assembly, for his stance. He stated that the issue is well within their knowledge, and he has already consulted several legal experts who are currently reviewing the matter from a legal perspective.
