Devolution of powers: SC displeased with local govt delays

Seeks detailed report from centre, Balochistan government

ISLAMABAD: The top court on Wednesday expressed displeasure over delays in the functioning of local governments in the country.

A three-judge Supreme Court bench, headed by Chief Justice Anwar Zaheer Jamali, sought a detailed report from the federal and Balochistan governments on the devolution of power and amount of funds transferred to local governments in the province and cantonment areas.

The bench was hearing a contempt petition filed against the prime minister for disobeying the court’s orders on holding local body polls in cantonment areas of the country.



Petitioner Raja Rab Nawaz submitted that despite holding the elections, provincial governments are not giving powers to local governments. Likewise, offices have not been allotted to local government representatives, he said. The applicant contended that article 140-A of the constitution is being violated by the federal and provincial governments.

A member of the bench, Justice Azmat Saeed Sheikh, expressed wonder as to why provincial governments are reluctant to transfer powers to local governments. He asked the governments to explain why the powers have not been devolved.

On the other hand, Balochistan Additional Advocate General Ayaz Swati submitted before the bench that Rs12 billion have been released to the province’s local governments, He said Rs5 billion had been given to the Quetta Metropolitan Corporation.

However, the counsel for the Quetta mayor stated that these funds have been released for the salaries of the employees and no development fund has been issued so far. Law officers belonging to Punjab and Sindh have assured the bench that after completion of the election process, financial and administrative powers will be transferred to the local governments. The hearing of case is adjourned until June 2.

Legal experts say the provincial governments have not given any meaningful political, administrative or financial powers to local government representatives. The recently-elected representatives will have to approach the superior courts to obtain powers. “Though the provinces gave in to the persistence of the Supreme Court and organised local government polls, they have set up a toothless system,” believes lawyer Chaudhry Faisal Hussain.

Interestingly, the top court has already declared in the Lahore Development Authority (LDA) case that it would strike down any legislation by a provincial government to make local governments powerless.

“If a provincial government oversteps its legislative or executive authority to make the local governments powerless, then such exercise will fall foul of article 140-A of the constitution and an excessive or abusive exercise of such authority will not be countenanced by the court.”

In its September 2015 order, authored by Justice Mian Saqib Nisar, the court observed that some meaningful political, administrative and financial powers must be devolved to local governments.

Published in The Express Tribune, May 12^th, 2016.