THIS is with reference to the report ‘Sindh Assembly passes new LG bill as opposition boycotts proceedings’ (Nov 27) which is related to opposition’s reservation about the Sindh Local Government (Amendment) Bill 2021 passed by the provincial assembly.

The amendment has reversed the very sense and spirit of the element of devolution of power in a democratic setup. It has also hurt the spirit of the 18th Amendment wherein functions and powers were devolved from the federation to the provinces.

This means that the devolution of power can be from a higher level of authority to a lower one as was spelled out in the Constitution. It is ironic that the powers and functions of Karachi Metropolitan Corporation (KMC) have been transferred to the Sindh government under the said amendment.

The KMC is a local government institution and falls under the definition of the third tier of state comprising local governments and local councils. Through the amendment to the Sindh Local Government Act, functions and powers of the third tier have been transferred to the second tier of state, which is nothing but a negation of devolution.

To make matters worse and controversial, the amendment was passed by the Sindh Assembly in haste and did not fulfil the requirement of parliamentary debate on the subject. It is also surprising that the inherent functions of the KMC, like health and education, have also been taken away.

Quaid-i-Azam Mohammad Ali Jinnah, in his reply to the civic address presented by city fathers on Aug 25, 1947, had described the importance of what at the time was Karachi Municipal Corporation, and anticipated that the governments would facilitate the corporation in the discharge of its functions befittingly.

He was of the opinion that Karachi would be expanded horizontally and not vertically. Unfortunately, Quaid’s vision of Karachi was subsequently ignored, and the Sindh Building Control Authority (SBCA) allowed towering structures without taking into account the availability of infrastructure in the city of the Quaid.

The controversial amendment must be revisited in the light of the provisions of Article 140A of the Constitution, and the legislation should be publicised for public objections and views on it. Constitutional experts should step forward to generate an informed public opinion on this critical issue.

Mahfooz un Nabi Khan
Karachi

Published in Dawn, December 18th, 2021