Sindh told to devolve powers, empower LGs

KARACHI:

The Supreme Court on Tuesday, while ruling on a petition filed by the MQM-P, declared that the Sindh government was bound to establish empowered local governments and give them financial, administrative and political authority under the Constitution.

The court also held that the provincial government could not start any new project under the local bodies system.

Chief Justice of Pakistan Gulzar Ahmed read out the judgment the court had reserved on October 26, 2020 in Sindh local bodies case.

The court declared void sections 74 and 75 of the Sindh Local Government Act (SLGA), 2013, saying that local government system was established under Article 140 of the Constitution.

These sections pertain to the transfer of functions from councils to government and commercial schemes.

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The verdict read that the Sindh government should ensure that all its laws were in accordance with Article 140(A) of the Constitution.

It added that the provincial government was bound to set up empowered local bodies within their jurisdictions.

The judgment clarified that the preparation and implementation of the master plan was the prerogative of local governments.

Declaring them as “unconstitutional”, the court ordered that the provincial government should amend the laws related to the Sindh Building Control Ordinance, Malir Development Authority Act, Lyari Development Authority Act, Karachi Water and Sewerage Board (KWSB) Act, Hyderabad Development Authority, Sehwan Development Authority Act, Larkana Development Authority, Sindh Mass Transit Authority Act, Sindh Food Authority Act, Sindh Food Authority Act and Sindh Environmental Protection Agency Act to bring them in line with Article 140(A) of the Constitution.

The judgment further held that the provisions of the law should be changed where there was a contradiction between the powers of the provincial and local governments.

The court ruled that the Sindh government was not only bound to establish empowered local bodies, but also maintain good working relations with them.

The court's decision came on a petition filed by the then MQM, now the MQM-P, against the SLGA, 2013.

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The SLGA, 2013 was passed into law by the Sindh Assembly on August 19 amid fierce opposition by the MQM.

The PTI and MQM had filed applications for local government powers in 2017.

The petitions contended that the Karachi Metropolitan Corporation (KMC) did not have the required powers over the city.

While keeping the PTI’s petition apart, the court had decided the plea filed by the MQM-P and reserved its judgment in the case on October 26, 2020.

Talking to reporters after the judgment, Sindh Chief Minister Murad Ali Shah said the provincial government would accept the ruling of the top court on the authority of local governments.

“We have the right to appeal if we find anything inappropriate,” he added, claiming that the provincial authorities fully adhered to Article 140(A).

“Should all elected representatives sit at their homes if local councillors are to be granted the powers of the prime minister, chief minister and cabinet?” he questioned.

Speaking on the verdict, MQM-P leader Aminul Haque said it was a "day to rejoice" for all legislatures of the country as the SC had defined Article 140(A) of the Constitution in detail.

Haque, who is also the federal information technology and telecommunication minister, added that the court had also clarified that a master plan should be in control of the mayor and elected representatives.

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“It is welcoming to see the SC nullifying sections 74 and 75 of the SLGA, which granted powers to the Sindh government to take control of any local institution.”

He recalled that the Sindh government had previously taken over KWSB and KDA from the mayor.

PTI’s Haleem Adil Sheikh, the leader of the opposition in the Sindh Assembly, also welcomed the SC judgment.

He said a separate petition of the PTI was also pending with the SC, claiming that at least 21 sections of the SLGA were in contradiction with Article 140(A).

The PTI leader said the reaction of Sindh Chief Minister Murad Ali Shah was “disappointing”, maintaining that the PPP leader now feared losing powers.