Malik M. Ashraf
Reportedly, the Election Commission of Pakistan has written a letter to the Secretary, Parliamentary Affairs Division, seeking amendment in Section 219(1) of the Election Act to ensure the timely holding of Local Bodies elections and to put an end to the possibility of delays. The letter regrets that no government has generally shown readiness to conduct local government elections and that the Election Commission faces difficulties in holding Local Government Elections on time, as mandated under the Constitution and the law. It further observes that, in order to fulfil its constitutional obligation, the Commission has always strived to hold timely Local Government Elections, but the federal and provincial governments have repeatedly repealed or amended local government laws to delay them.
Section 219(1) of the Election Act reads: “The Commission shall conduct elections to the local governments under the applicable local government law, and the rules framed thereunder, as may be applicable to a province, cantonments or the Islamabad Capital Territory.” Section 219(4) of the Election Act states: “The Commission shall hold elections to the local governments within one hundred and twenty days of the expiry of the term of the local governments of a province, cantonment or the Islamabad Capital Territory.”
Unfortunately, the federal and provincial governments have been deliberately shirking their responsibility to install local governments, as required under the Constitution and the law, by amending or repealing the relevant laws, as rightly pointed out by the Election Commission. That is a regrettable reality. Local governments have been the missing link for most of the time.
On Tuesday, Defence Minister Khawaja Asif, speaking in the National Assembly, also regretted the fact that local governments were not functioning in the country and advocated their establishment in conformity with Article 140-A of the Constitution. The opposition benches were also on the same wavelength.
Most countries with parliamentary democracies have a three-tier system of governance, with local governments forming the pivot of the entire system. The Constitution of Pakistan also envisages a three-layered system of governance comprising federal, provincial and local governments. Yet it is painful to note that while the federal and provincial governments have functioned uninterrupted under both civilian and military rule, it was only the latter that installed systems of local government during their tenure—though not as envisaged in the Constitution, but largely to build support for their regimes at the grassroots level and to undermine political parties.
The elected governments that interspersed the military regimes remained criminally oblivious to this constitutional requirement. The consequence of this wilful breach of the Constitution by so-called elected governments is that the state of Pakistan has failed to provide essential services to its citizens and to build a responsible relationship with them.
The local government model originally crafted by the National Bureau of Reconstruction during the Musharraf era was probably the most appropriate initiative in conformity with the constitutional framework. It enhanced the powers of elected local representatives and abolished the offices of the District Magistrate and Divisional Commissioners. This also fulfilled the constitutional requirement under Article 175(3) for the separation of the judiciary from the executive at the district level.
However, the PML(Q) government installed by Musharraf subsequently weakened the system by altering key features and initiating a process of recentralisation of several development departments. Faced with resistance from legislators who had developed vested interests in controlling development funds, as well as from powerful occupational groups such as the DMG and the police—both of which benefited from bureaucratic dominance over elected local representatives—Musharraf ultimately acquiesced to changes driven by political expediency.
When democracy was restored following the 2008 elections, all provincial governments abandoned the NRB system and revived the archaic, colonial model of district administration. None of the ruling parties in the provinces—despite loudly proclaiming their democratic credentials—bothered to establish local governments in accordance with constitutional requirements. They even defied Supreme Court orders directing the federal and provincial governments to enact new laws in this regard. What a shame.
Article 140-A (1 and 2) stipulates: “Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments. Elections to the local governments shall be held by the Election Commission of Pakistan.”
As is evident, the constitutional vision of local government requires full devolution of powers, including control over development projects and local administration, free from the suffocating control of provincial governments. Regrettably, the laws enacted by the provinces have invariably fallen short of the requirements of Article 140-A.
A local government system can function effectively only when social sectors are fully decentralised; service providers are made accountable to elected local representatives; local administration, including the police and district bureaucracy, is placed under elected control; adequate financial resources are allocated; and the dubious practice of allocating development funds to legislators is eliminated.
Although Section 219(1) of the Election Act obliges the Election Commission to conduct elections in accordance with provincial laws, both federal and provincial governments have consistently obstructed the Commission’s efforts to hold local government elections.
The reality is that Pakistan needs uniform local bodies laws, along with an amendment to Section 219(1) of the Election Act that clearly defines the term of local bodies and bars provincial governments from arbitrarily delaying elections. While designing a local government system under Article 140-A, it is also essential to ensure the separation of the judiciary and administration at the district level, as envisaged in Article 175(3) of the Constitution. This would also help eliminate the much-detested ‘thana culture’.
It is therefore incumbent upon all political parties and all those who believe in constitutional rule to use their collective wisdom to introduce necessary amendments to the Election Act and the Constitution, enabling the Election Commission to fulfil its constitutional obligations
The writer is a freelance columnist. He can be reached at ashpak10@gmail.com
