Local power

That power should be transferred from the provinces to elected local bodies is mandated in the constitution. The reasoning behind this is that the closer a representative is to the voters, the better they will be able to serve their needs. Since devolving power naturally requires shifting funds to local representatives, too, provincial governments are usually opposed to it, even if their own parties are in power at the local level. The situation in Sindh is even more complicated since the PPP is in charge at the provincial level while the MQM has historically taken the larger chunk of local government seats in Karachi. Just five days back, Karachi saw police violence on MQM-Pakistan members and supporters protesting the recently passed controversial local government law that has snatched away most of the powers from the local administrations in Sindh, especially in Karachi.

It is in this context that the verdict delivered by Chief Justice Gulzar Ahmed, just prior to his departure from the court as chief justice of Pakistan, is one that will – and should – have long-reaching effects. The SC ruled on Tuesday that specific acts of Sindh's local government law were essentially violations of Article 14-A of the constitution and had to be done away with. The verdict came in response to a petition made by MQM-Pakistan, which had stated that the law was intended to take powers away from local governments and hand them over instead to the provincial government. A case against the 2013 changes has also been filed before the court by the federal government. The SC verdict, which has left the MQM-P rejoicing and the Sindh government suggesting that it could challenge the verdict after the detailed judgment is given, essentially states that the provincial government cannot intervene in matters of administration and finances allocated to the local governments, and under the law must refrain from attempting to do so. It further rules that the takeover of the Karachi Development Authority and the Karachi Water Supply Board by the provincial government was illegal and should be reversed. The court has also ruled that the master plan for Karachi must fall under the mayor of the city without any intervention by the provincial government. And that the same rules be applied to local governments in other cities of Sindh, as required by the constitution.

The fact is that local governments are essential to uphold the rights and liberties of people. In the first place, the union council level makes it easier for people to take the problems directly to the councillor. This is also true of the setup at the taluka level and higher up than this. Obviously, approaching a provincial government is virtually impossible for the regular citizen. It is therefore essential that all provincial governments, and notably the government of Sindh, uphold and accept the local government laws in their true spirit and ensure that they are fully implemented removing the clauses that hamper the administration in any way. The mayor of the city and councillors at other levels of the local government have a right to run affairs and allow people to decide how effective they have been. Removing powers from their hands and taking them into the grip of either the provincial government or giving them to the commercial sector is a clear violation of the intention behind local governments which are vital to good governance.