Missing local government

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The writer is a practising lawyer and columnist. He can be reached at mohsin.saleemullah@berkeley.edu

Article 140A of the Constitution of Pakistan categorically requires each province to establish a local government system and devolve political, administrative and financial authority to elected representatives.

Additionally, Article 32 obligates the state to encourage the development of local government institutions, ensuring special representation for marginalised groups. These constitutional provisions were included to foster democratic governance at the grassroots level, enhance public participation and safeguard the inclusion of historically underrepresented segments of society.

Despite these constitutional guarantees, the absence of an effective local government system remains a pressing issue across Pakistan, with Punjab being a prime example. The province has remained devoid of a functional local government for a prolonged period.

Provincial administrations have repeatedly postponed local government elections, often citing the need for legislative amendments as a justification to retain centralised control. This deliberate delay has exacerbated the disconnect between policymakers and the electorate, thereby weakening democratic participation and undermining public confidence in the existing political framework.

The NFC Award and the 18th Amendment were instrumental in reshaping the distribution of financial and administrative powers in Pakistan. While the NFC Award ensures equitable allocation of financial resources to provinces, the 18th Amendment significantly expanded provincial autonomy by transferring numerous federal functions to the provinces.

However, despite these structural reforms, local governments continue to face severe constraints in terms of financial autonomy, institutional capacity and political independence. While provincial governments have benefited from the decentralisation of powers from the federal level, they have been unwilling to extend the same to local bodies, thereby undermining the true spirit of devolution.

The existing Local Government Acts at the provincial level play a pivotal role in determining the effectiveness of local governance structures. However, these laws often fail to grant meaningful autonomy to local representatives, reducing them to mere extensions of provincial administrations. Local government representatives have the potential to play a much broader role than merely managing municipal services.

Here, a fundamental question arises: Why do provincial governments remain hesitant to transfer power to local governments despite clear constitutional directives? The primary reason lies in the unwillingness of provincial authorities to relinquish control over financial resources and administrative mechanisms. Provinces are blatantly ignoring Article 140A and Article 32, reflecting an entrenched resistance to meaningful devolution, protecting the interests of ruling elites over public welfare.

The consequences of this power-centric political structure are evident in Pakistan's deteriorating human development indicators, widening socio-economic disparities and ineffective governance mechanisms. The country's declining ranking on the UN Human Development Index further underscores the urgent need for systemic reforms to enhance governance, promote development and address structural inequalities.

For Pakistan to advance, it is imperative to shift governance paradigms by empowering local governments as the primary drivers of human development. A well-structured local government system fosters inclusive growth, equitable resource distribution and efficient execution of development projects. Decentralising decision-making authority not only promotes innovation and transparency but also ensures that governance structures remain responsive to local needs.

Pakistan must embark on a comprehensive local government reform agenda that prioritises autonomy, financial sustainability and institutional capacity. Strengthening local governance will revitalise democratic processes, enhance public service delivery and cultivate a more participatory political culture. By implementing these reforms, Pakistan can unlock the full potential of its constitutional democracy, empower communities and establish an equitable and responsive governance model that truly serves its citizens.

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