A SIGNIFICANT policy paper was recently debated at an HRCP gathering, calling for the constitutional protection of local governments in Pakistan. Legislators, policymakers, and civil society members argued for the need to amend Article 140-A of the Constitution which mandates the establishment of LGs and the devolution of authority to elected local representatives. This follows the PML-N and MQM-P signing an accord earlier in the year to introduce a constitutional amendment, which would not only address the establishment of LGs, but through the addition of Articles 140-B and 140-C, outline their powers and financial responsibilities. LGs are the cornerstone of any thriving democracy. They ensure that the needs and aspirations of the people are addressed at the grassroots level. However, Pakistan has long grappled with a centralised power structure that undermines the effectiveness of local governance. Historically, LGs have been championed by dictatorships, which saw them as tools to bypass provincial powers and consolidate control. Conversely, democratically elected governments have often sidelined local bodies, perceiving them as a threat.
The Supreme Court’s 2022 ruling mandating the devolution of power to LGs was a step in the right direction. Yet, implementation has been tepid, thanks largely to the provinces’ reluctance to relinquish control. The PML-N and MQM-P’s proposed amendments aim to clearly define the roles, functions, and responsibilities of LGs and seek to establish a tiered system of governance — from metropolitan city governments in major cities to union councils in rural areas. This structure, coupled with a guaranteed tenure and direct election of mayors and chairpersons, promises to enhance accountability and responsiveness. The HRCP gathering also led to solid advice. As suggested by a prominent PPP member, incentivising provincial governments by basing their NFC share on the adoption of the UN SDGs and empowerment of LGs, can bolster local governance. Quotas for women, religious minorities, youth, PWDs, and transgender individuals must also be ensured to promote inclusivity and representation. Furthermore, by reducing bureaucratic interference and fostering a culture of democratic participation, local bodies can become more efficient. This, in turn, can restore public trust in government institutions and enhance service delivery. If Pakistani democracy is to advance, parliament must endeavour to introduce these amendments. Such reforms must not wait.
Published in Dawn, June 3rd, 2024
