Supreme Court orders Sindh to devolve powers to local govts

ISLAMABAD: The Supreme Court on Tuesday directed the Sindh government to devolve financial, administrative and political powers to the local government as enshrined in the Constitution.

The court directed the Sindh government to strictly ensure compliance of all related laws with Article 140 A of the Constitution. The apex court directed this while announcing its verdict reserved earlier on the Muttahida Qaumi Movement Pakistan’s petition on October 26, 2020 petition, seeking empowerment and autonomy for local government institutions in the Sindh province,filed by then MQM now MQM-P. The petitioner had challenged the Sindh Local Government Act SLGA 2013 in the apex court in October 2013. The SLGA 2013 was passed into law by the Sindh Assembly on August 19, 2013.

Chief Justice of Pakistan CJP Justice Gulzar Ahmed noted in the verdict that the local governments are formed under Article 140 A of the Constitution which binds provincial governments to establish empowered local governments in their jurisdiction. He ruled that a provincial government cannot launch a project that comes under the jurisdiction of the local government sections 74 and 75 of the SLGA, which are related to the transfer of functions from councils to government, and declared commercial schemes void in the judgment. It was the prerogative of the local governments to create and implement the city’s master plan, the verdict held adding that the Sindh government is bound to set up empowered local bodies. The verdict states that the Sindh government was also bound to have a good working relationship with local governments for the sake of effective functioning of the system.

It ruled amending rules related to Karachi Development Authority and Sindh Building Control Authority along with amendments to laws that pertained to Hyderabad and Malir development authorities in accordance with the Constitution.

Provincial authorities have been directed to amend laws related to the Lyari Development Authority, Sehwan Development Authority, Larkana Development Authority and Karachi Water and Sewerage Board. The court further directed that the laws where there is a contradiction between the powers of the provincial and local governments should also be amended.

The petition had contended that municipal functions cannot be allocated to a provincial government or any other body or authority under its control thus the Sindh government abused the 2013 act by making a parallel statute rules and regulations to usurp the powers of the local governments, which deserved to be declared void

Reacting over the SC verdict, Chief Minister Syed Murad Ali Shah said they will wait for the detailed verdict. Karachi Administrator Murtaza Wahab said the cabinet meeting on Wednesday (today) will review the SC verdict.