5. The Agencies were set up by the British in
18th and 19th centuries, when the closed-door
and Forward Policy did not achieve the
desired objectives.
6. Article 246. Tribal Areas:
(c) Federally Administered Tribal Areas includes
(i) Tribal Areas adjoining Peshawar district;
(ii) Tribal Areas adjoining Kohat district;
(iii) Tribal Areas adjoining Bannu district;
(iiia) Tribal Areas adjoining Lakki Marwat distt:
(iv) Tribal Areas adjoining Dera Ismail Khan
(iva) Tribal Areas adjoining Tank District;
8. Article 247:
President has the power to make regulations
for good governance in FATA
Parliament cannot make a law unless the
president so directs
High court and supreme court have no
jurisdiction over FATA unless parliament by
law so provides
12. The administration is run through PA, APAs,
Tehsildars, Khassadars, security forces
(Levies or Scouts) and Maliks.
The tribal administration and system of
justice is based on the concept of territorial,
tribal (collective) and protective
responsibility.
13. Adjudication is through the Jirga system,
which is something the tribesmen
comprehend and accept.
The substantive law is the Pakistan Panel
Code, 1860, whereas, the Frontiers Crimes
Regulation, 1901 is the procedural law.
14. Administration takes cognizance of only
those offenses, which are committed in
protected areas
Does not generally interfere in the offenses
occurring between the tribes in the tribal
territory of which no cognizance is taken
The Maliks used to work as medium between
the administration and “Qaum”.
15. Head of the Agency Administration
Accountable to Provincial Governor
Coordinates nation building departments
Controls tribesmen through a system of
territorial responsibility
Does not interfere in the affairs of tribesmen
16. Interferes only in grave situation
Functions as a District Magistrate and Session
Judge
Has executive, judicial and revenue powers
and has the responsibility of maintaining law
and order and suppressing crimes in the
tribal areas
17. Political Agent while administering affairs of
an agency, is assisted by a number of
Assistant Political Agents, Tehsildars
(administrative head of a Tehsil) and Naib
Tehsildars (Deputy Tehsildars), as well as
members from various local police
(Khassadars) and security forces (levies,
scouts).
18. Political Tehsildars and Political Naib-
Tehsildars are in charge of Tehsils and their
main duty is to control the tribes and to
maintain law and order. They deal with all
cases occurring in the protected area of their
respective Tehsils.
19. Land revenue administration in some parts of
the Agency is carried on exactly on the same
lines as in the settled districts of Pakistan.
The political agent plays a supervisory role
for development projects and chairs an
agency development sub-
committee, comprising various government
officials, to recommend proposals and
approve development projects.
20. He is responsible for handling inter-tribal
disputes over boundaries or the use of
natural resources, for regulating the trade in
natural resources with other agencies/the
settled areas.
He also serves as project coordinator for rural
development schemes. The PA also acts as
each agency’s development administrator.
21. • The Frontier Crimes Regulations 1901,
popularly known as FCR is one of the major
components of the administrative system of
justice in Tribal Areas.
• It is the supreme law in FATA and other civil
and criminal laws are not extended. It serves
all purposes both of procedural as well as
substantive law.
22. • No right of appeal to the High Court or
Supreme Court exist. Until 1997, the
Commissioner acted as a revisional court but
in 1997 it was amended and turned into
appellate forum and the powers of revision of
the Commissioner’s verdict were given to the
tribunal consisting of secretaries of Home
and Law Department.
23. • The FCR is a subject of frequent criticism as
being a draconian law which is oppressive
and subject to misuse. It is one of the most
highly controversial parts of the tribal system
of administration.
• Section 40, Collective Responsibility Clause
24. It is basically a procedural law and not a
substantive law, nor can it be considered
comprehensive in its coverage of all the
parameters of the modern laws.
25. The FCR is a direct contravention of the
Constitution of Pakistan, 1973, as well as the
Juvenile Justice System Ordinance (JJSO),
2000, the Universal Declaration of Human
Rights (UDHR), 1948, the Covenant on Civil
and Political Rights, 1966, and the
Convention on the Rights of the Child (CRC),
1989.
26. No right of engaging a counsel or defending
one’s rights has been given
27. There is no audit of the funds received by
Political Agent
Theoretically, PA is responsible to Governor
for his duties but the practice is different.
Law and order situation in FATA
Malik System
Terrorism
28. FCR-The draconian law
Discrimination on the part of Govt
Poor or no education (22%) (Women 7.5%)
Poor health facilities
Power shortage
29. Poverty
Poor infrastructure
Absence of democratic institutions
No economic activities
No extension of jurisdiction of High Court
and Supreme Court to FATA
