Local Government without Power; a ‘Modern Disease”

Local democracy and decentralization at grassroots level is still in the process to be matured in
various civilian governments in Pakistan. Devolution plan of provincial governments in Pakistan
gives the impression of unwillingness in delegation of power and authority from provincial
government to local government, stirring to a patchy way.

Local government is still a part of unfinished agenda of complete democratization of the state
after 18th amendment which gives authority to provinces to devolve powers to local bodies.
Local governments have not been entrusted with maintenance of law & order, infrastructure
development, promotion of health, education and some other basic services. The local
government acts legislated by the provincial assemblies of Pakistan are having difference in
terms of local government system and devolution of powers at local level. The local government
acts legislated by the provincial assemblies of Pakistan are having different models of local
government system and devolution of powers at local level in each province. Each province local
government acts 2013 and practices are fragmented, and seems to be based on ineffective
devolution of adequate political, fiscal and administrative powers to local bodies.1

This policy brief discusses the present situation of local governments in Pakistan that is deprived
of establishing truly decentralized local government system in the country.

Background: Local Government since 1947

The oldest historically, the so-called basic model of the local government system was managed
by the Mughals in the subcontinent through ‘Zamindari system’ and then later in 1688, East
India Company established municipality in Madras that is called now ‘Chennai’. However,
before the partition of Indian sub-continent, the local government system was existed in the
shape of Panchayats (committee of five) (Vayunand, & Mathew, 2003). The first organized local
self-government after independence was set up in 1959 under the basic democracies ordinance
when military government was established by General Ayub Khan. This new local government
system was established under the Municipal Administration Ordinance 1960 consisting of
hierarchical system of four tiers, the lowest tier was union councils in villages, town committees
1
UNDP in Pakistan retrieved 7 January, 2017
http://www.pk.undp.org/content/pakistan/en/home/library/hiv_aids/development-advocate-pakistan/local-
government-acts-2013-and-province-local-government-relatio.html
in less than 14000 inhabitants and union committees in more than 14,000 inhabitants in urban
areas (Siddiqui, 1992). This system of Basic Democracies could not establish and was banged
down in 1969 by first popular government of Zulfiqar Ali Bhutto. Bhutto’s local Government
legislations (1972 and 1975) were not implemented and local government reforms were not
flourished fully in this regime and nepotism was on urge in civil services. After a pessimistic
period under Bhutto, local governments were revived under Local Government Ordinances of
1979 with basic democracies 1959 by military regime of General Zia-Ul-Haq. This local
government was not much different in financial powers and in functions of local government
from Ayub era.

Later during the civil government 1988 to 1999, weakened the financial capacity of local
governments and local bodies were suspended between 1993 and 1998 and country was divided
only to four tiers of federation, provinces, divisions and districts. In this democratic decade,
entrenchment of a bureaucratic structure created corruption, poor planning and bad civic
facilities (World Bank, 2000). Devolution plan of local government was presented by General
Pervez Musharraf and the provincial governments promulgated the Local Government Ordinance
2001 that was implemented from 14 August 2001. Throughout the history of Pakistan local
government, ‘Devolution of Power Reforms in 2001’ was the first time that in real sense
transferred powers and responsibilities to the grass root level. The first tier of local government
under within the province was the district and each district government was headed by Zila
Nazim (District Administrator) and District Naib Nazim, who were elected officials. The second
tier of local government below the district was Tehsil Municipal Administration (TMA) or Town
Municipal Administration in each capital of provinces. Each TMA was headed by Tehsil Nazim.
The third tier of local government was the union and the Union Administration under TMA
headed by the Union Nazim and under union council villages was also included.

The Local Government System of 2001 had many strengths and equal number of weaknesses.
Each tier of local government was supposed to work independently and lack of coordination
among various agencies was increased. The gap between law and practices remained wide and
corruption at district government level was in vain because of inadequate supervisory
arrangements. After the general elections of 2008, a new civilian government came into power
and General Pervez Musharraf stepped down (who set devolution plan of 2001). Based on past
experience in Pakistan, there was apprehension that the civilian government would not maintain
local government institutions, especially the Devolution of Power Plan system.

Novel Experiment in Pakistan’s Democratic History: Local Governments under Provincial

Regimes

All provincial assemblies passed local government acts by 2013 and it is momentous point that
provincial assemblies first time in Pakistan have gone through to build safeguards in local
government system with in their territorial jurisdiction. This is utmost important for the political
parties and civilians government that always raise voice for democracy, are reluctant to
decentralize powers at local levels and they want to centralized powers in their own hands
through bureaucratic administrators at provincial level. The bureaucratic official is answerable to
provincial government rather than to the people so the real devolution of powers are not
transferred in civilian government to people participatory democracy.

Delimitation of Political Powers

Area delimitation and upholding territorial unity are serious issues in democratic politics, and
this practice can be castoff for gerrymandering. The local government of each province except
Baluchistan upholds the powers with the provincial government to redesign or merge territorial
population that may be result in discrepancy of democratic local government. To maintain the
restrictions of a Revenue zone, Punjab and Sindh government emphasized on the integrity of
union council in a district on uniformity in territory. On the other hand, Baluchistan gives the
authority to provincial government to delimit number of wards and same Khyber Pakhtunkhwa
provides delimitation authority, promising the broader participation and representation of local
government composition.

The local governments in all provinces are not similar on the term limits of the local
governments, such as Punjab keeps the term of five years, Sindh and Baluchistan for four years,
and Khyber Pakhtunkhwa is for three years.

The election procedure also differs among provinces such as Punjab offers for direct elections for
the posts of Chairmen and Vice-Chairmen of the Union Councils, whereas Sindh provides
provision of indirect election of Chairman and Vice-Chairman of Union Council from a board of
Councilors. District Councils heads will be chosen indirectly through voting from all members of
council and in other way provincial government can play role in selection of district councils.
Khyber Pakhtunkhwa is the province that gives provision of direct elections for all seats and
provides reserved seats for women, youth and peasants (on pattern of local government act
2001).

The local governments in one way or other in all four provinces subordinate to the provincial
governments. According to provision of acts, Chief Ministers have the power to dismiss a local
government or head of council and appoint administrators after the discharge of council heads. In
Punjab, the government can suspend 8 local government officials for 90 days, in Sindh for 6
months, and in Khyber Pakhtunkhwa and Balochistan for 30 days. During and after this period
the dismissed officials can file review petitions to the provincial governments. District Councils
will serve under the direction of provincial government in Punjab and Balochistan and Khyber
Pakhtunkhwa and Sindh give greater independence to the provincial governments to supervise
and inspect local governments.

Controlled Administrative Powers

Each of the local governments in four provinces provide for the establishment of Local
Government Commissions (LGC), headed by the provincial Minister for Local Government and
including members from the provincial assembly, bureaucracy and technocrats. In Balochistan
the commission is named the Divisional Coordination Committee.

In all local government acts of provinces, main Service Delivery functions will be done by
deputy commissioner in all provinces while the large units of public service will be retained
under provinces such as the Karachi Water and Sewerage Board, Sindh Building Control
Authority, Lahore Development Authority (LDA), and Solid Waste Management (SWM), etc.
The local government of Punjab provides for the creation of education and health authorities
under deputy commissioners, comprising members from the provincial government, local
governments, technocrats and the private sector. The Chief Minister will be the appointing
authority and can dismiss the heads of the authority or dissolve the authorities

The local government commissions perform inspections, social audits and dispute resolution for
councils and submit reports and recommendations to the provincial government. All four
provinces authorize the Union, Village and Neighborhood Councils to constitute panels of
Councilors to facilitate out of court dispute resolution. Punjab allows a nine member Panchayat
(assembly chosen by the local community) in rural areas and Musalehat-e-Anjuman in urban
areas, including two women members nominated by the provincial government. Balochistan
allows for three-member Musalehate- Anjumans in both rural and urban areas. Khyber
Pakhtunkhwa allows Union, Town, Tehsil and District councils to establish complaint cells to
address citizens' grievances. In Punjab, Sindh and Balochistan, the police are not under the local
government and not under the civilian government, whereas in Khyber Pakhtunkhwa the Village
and Neighborhood Councils have powers to supervise the police and make recommendations to
the district government.

Controlled Financial Powers

Provincial Finance Commissions (PFC) will be established to control local fund according to
each province local government acts and commission will allocate the funds to local councils and
local councils will have limits powers to impose taxes. To some extent, Khyber Pakhtunkhwa
Act provides greater financial autonomy to the local government, as it authorizes Village and
Neighborhood Councils to supervise all local government functionaries including revenue
officials in their jurisdiction. All local governments in four provinces require audits of the local
councils by the Office of the Auditor General.

Recommendations

If the local elections to have any real meaning, local governments will need to ensure that the
newly elected local councils have the resources and authority to address the provision of services
and the challenges of development in sufficient communities. This requires local governments to
re-evaluate its approach to the third tier of government. At present it seems to have instincts for
"central" for the purposes of political expediency, rather than acting in the true spirit of the 18th
Amendment and the empowerment of local government structures. Strong union to work, it must
recognize that the provincial independent local governments are necessary to improve the
management and delivery of services, but they also need to create laws that better clarify the
division of power and functions between regional and within the local governments. In all
provinces there are serious concerns on delimitation of powers of local government and
controlled by civil servants strictly except in Khyber Pakhtunkhwa. The following
recommendations are made on the basis of present situation of local governments.

 For favored reliance on local governments, political exclusion and alliance between
bureaucracy and local government representatives is required in all provinces.
 The political influence in every walk of the local government should be diminished and
local bodies system is required to be more powerful and provincial government leverage
over local governments should get removed in Punjab, Sindh and Balochistan.
 There should be elected directly or indirectly district Chairman in Punjab, Sindh and in
Balochistan who act as the whole district regulator.
 In Punjab Deputy commissioner should also be empowered as district magistrate to
control law and order in the city.
 Deputy Commissioner will have no say in the presence of district health and education
authorities and that will fragment the system of education and health in Punjab, Sindh
and Balochistan. For better empowerment, the smooth balance between deputy
commissioners and local representatives should be created for the provision in services
delivery, budgeting and planning structures at local level.
 Deputy Commissioner and local political representative both should have the equal
contribution in maintenance of law and order and on police matters in districts to
cooperate in actions against encroachment and land grabbing in Punjab, Balochistan and
Sindh.
 To implement smooth execution of provincial government initiatives in polio eradication,
elimination of dengue, anti-food adulteration, price control, anti-quackery, crack down on
child labor, elimination of illiteracy, land revenue collection, census etc. and so on
exceutory tier of the local government needs strength and empowerment in Punjab and
Sindh.
 The fully functional local government can be ensured if the Provincial Local Government
Commission should work effectively to monitor the affairs of local government without
any interference by the provincial government.
 There should be one representative of local government in provincial finance commission
and before meeting of finance commission should be held on regular basis.
  The allocation of financial resources from provincial government to local government
should be on the principle of poverty and underdevelopment districts unable to generate
their own recourse due to underdevelopment and lack of opportunities in their respective
areas.
 To ensure transparency and accountability, civil society’s representatives should also
monitor the developmental activities undertaken by local government and participation of
community should be encouraged in development function.
 Citizen Community Board (CCB) should be included on board in allocation of all
development funds by political representatives or civil administration at local level.
 At district level, District Auditor General office shall be established and Accountability
Court should be set up at district level.

Conclusion

In present scenario, local government is not empowered enough to be more accessible, more
sympathetic and quicker to respond to local needs. The local government is the direct available It
source for citizens to get in contact with governmental structures every day of their life. If local
democracy is strengthen then necessary information will be more readily available at local level
and local people are obviously more knowledgeable about a local situation than provincial
authorities who are far away from realities at the grassroots level. Now the challenge comes for
the provincial government is how to be really keen to decentralize power and if not then which
way to prevail democracy without devolution.