Local Government System of Pakistan Written by Mughiza Imtiaz

 

Local Government System of Pakistan

Written by Mughiza Imtiaz

Pakistan is a federal parliamentary republic state where the provincial government enjoys more autonomy and residuary power as compared to the central government. Executive powers lie with the national government headed by PM, who works consistently work with bicameral legislature as well as judicature. Provinces are divided into districts known as Zillas. A Zilla is subdivided into Tehsils. Tehsils contain towns/municipalities. Panchayat Raj System is not new here, as it was introduced by the British during the colonial era. The practice of adopting federalism is different from both India and Pakistan.

The main difference is that Pakistan is the only country with an urban framework, as well, in the region today; and Pakistan's system has a common-representational framework between tiers and, it has a bottom-up depictive a framework like the Canadian example. Pakistan had the only three-tier system as integrated bottom-up, common-representational, local government system, until it was adapted for another country in 2003.

Since 2001, the majority of these have been led by democratically elected local councils, each headed by a Nazim (mayor or supervisor.) Council elections are held every four years.

Through decentralization, local governments lessen delays in public service delivery. It also safeguards equitable distribution of resources, promotes a sense of local ownership among people, mobilizes resources among the community for development, ensures accountability and responsiveness, and helps in the consolidation of federalism and national integration. These features of local government help in the democratization of state and society and prove as an asset of nation-building. Under 140-A Article of the Pakistani constitution binds the provinces to establish a sustainable and purposeful local government, to federalize political, administrative, and financial concern and authority to the elected representative of local government.

Article 32 of 1973, the constitution stated that the state shall encourage the local government of elected representatives, while Article 47 discussed that the state will sponsor social injustices and eliminate social evils through decentralized governance. However,  the provincial government incessantly snubbing these constitutional compulsions with liberty. Sadly, the local government system of Pakistan has been loathing to the bureaucratic and political elites.PTI government has come up with a local government system which is totally against devolution and empowerment.

In 2013, The alliance of PTI with JI launch a bold law and establish a local setup which is more close to devolution and provisions of Articles 32,37 and 140-A of the 1973 constitution. Under the Local Government Act of 2013, three-tier systems were established in all districts of the provinces; initially, with 24 devolved departments which were later to some extent reduced, the district government was accountable for the provision of social services. The tehsil tier was entrusted with the responsibility of municipal services. The distinctive feature was the substitute of the union council with the village council. This Act provided fiscal autonomy to all the three tiers by allocating a substantial amount of money.

By keeping in view all the factors (revenue collection, population, poverty, and infrastructure) 30% of the total development expenses would be given to local governments through provincial finance commission. 70 billion rupees was transferred to the local the government in four years, this amount was roughly half of the due share of the local bodies which were not shared.

To control the malpractices in election district and tehsil nazims in the 2001 system was observed and tehsil council and district council were declared as electoral colleges in a transparent manner.

This credit goes to PTI for introducing as a flagship project of transparency and used it for public mobilization in its favor before and during the 2018 elections. PTI government took a big policy shift by incorporating certain fundamental amendments. This amended Act against the spirit of devolution and the 1973 constitution. The district tier has been abolished but at the same time district administration retained as a unit.

The tehsil tier is mandated to look after municipal and social services but the devolved departments at the tehsil level would be reporting the district administration. The tehsil mayor is helpless in front of the district administration and there would be a tug of war between both administrations as an outcome poor service delivery. The removal of the chairperson of the village council and mayor of tehsil through impeachment rather than a vote of no confidence.

The head of the council would prepare a budget and send it to the local government commission for final approval. The direct election of tehsil mayor on a party basis is a great step but again the member of the council consisting of the village council would be on a non-party basis. The dichotomy of electing the mayor on a party basis with a council consisting of members elected on a non-party basis will sponsor horse-trading at the grassroots level.

Chief Minister can ask the chair of the village council or the tehsil chair /city mayor to carry out certain tasks, and if the leader of the concerned tier fails to act in accordance with, the CM can direct the district administration to hold these functions. This condition would critically hinder the function of elected local government and imperil the devolution of power.

In spite of making the existed local system better the substantial amendments in Local Government Act-2013 damaged the devolution and rasped the administrative and fiscal autonomy of the local government. It is departing to invalidate the impetus of reforms and gains of Local Government Act-2013. The three local governments have effectively accomplished their tenure and now the provinces are ready for other reforms.

The need of the hour is to renovate the more powers of district tier, remove the fiscal power of local bodies, and make them free from the control of bureaucracy.

To make the transparent and efficient election system of local bodies there is a dire need of constitutional provision which makes it mandatory to have 3 tiers of local government and avoid the delayed process of the election within 90 days after its completion of tenure.