Supreme Court on LGs

Published February 3, 2022

THOSE quarters that believe that the PPP has concentrated far too many powers that are supposed to belong to the local bodies with the provincial government in Sindh will be heartened by the Supreme Court’s decision on Tuesday. Deciding on an appeal filed by the MQM seeking empowered and autonomous local government institutions in Sindh, the apex court ruled that the provincial administration should not execute fresh projects falling under the purview of the LGs. Moreover, interpreting Article 140-A of the Constitution, the court said that under this article, LGs needed to have “meaningful authority and responsibility” in the administrative, political and financial spheres. This is indeed a legal and moral victory for the parties that believe that the PPP’s 2013 LG law violated all these constitutional requirements. Moreover, the PPP’s attempts to amend the law late last year were also met with scorn by the opposition in Sindh, as the parties felt the changes did not go far enough in empowering the local bodies, resulting in widespread protests against the provincial LG law.

The fact is that after scrapping the Musharraf-era local bodies system in Sindh, the PPP government in the province started taking one LG institution after another under its wing, effectively turning the Sindh administration into a glorified municipality. However, the impact of these moves on urban Sindh, particularly Karachi, has been anything but beneficial, with a noticeable fall in service delivery and accelerated urban decay. Now, considering the nearly universal disapproval of its LG system by the opposition, as well as the observations of the learned court, the PPP should act in a democratic manner and deliver an LG law that fulfils constitutional requirements and also satisfies popular demands. The Supreme Court has said in black and white that local bodies must be empowered, hence this is what the amended law must reflect. The task to bring urban Sindh into the 21st century is a considerable one, and the first step in this direction is a progressive LG law.

Published in Dawn, February 3rd, 2022

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