How to Restructure the Local Government in Pakistan?

By Tariq Mahmood Awan

The institution of local government has been an absurd tragedy in Pakistan. The Constitution of Pakistan guarantees the establishment of local governments. However, then, it subordinates local government creation at the provincial assembly’s discretion. It is here the institution of local government tends to fail. The institution also requires constitutional guarantees of powers, operations, local government service LGS and tenure management. The core rivals of the local government system are politicians and the federal bureaucracy. Instead, both interests directly conflict with the devolution and empowerment of local body institutions. Then, the establishment of local government now depends upon the discretion of the Chief Minister and Chief secretary, and both have an inherent conflict of interest with the institution of local government. The local government in Pakistan requires restructuring, not reformation. Restructuring requires chief constitutional, political and administrative decisions. Without these fundamental decisions, the local government shall never function. So far, it has been one step forward and two steps back policy. Hence, it requires a national movement to push politicians, bureaucracy and forces of centralization to abandon their interests for the interest of local governments. The approach to hinge on the political and administrative discretion of political leadership and bureaucracy shall not favour the cause of devolution.   

What is local government? Local government is the lowest tier of governance in a sovereign state. Local governments are ordinarily formed by legislation warranting devolution of administration and functions. Typically, local governments are provided with functional and administrative autonomy in the specific domain of allotted functions. A local government is an operational government different from coordinative federal and provincial governments. However, the compass of local government is limited to that of provincial or federal government but not the impact. The local government’s structures partially replicate the legislative, judicial, and executive structures of a comprehensive government. 

Local governments include municipalities (and their councils) and regional districts (and their boards). The Community Charters and the Local Government Acts govern them. Local government is a community-based government, unlike provincial and federal governments, which are representative entities. Local governments are vital in conducting or supporting the creation of an economic development strategy for the people. The primary aim of the local government is to provide civil amenities and enhance the economic productivity of local resources. The strategy’s success will directly affect a community’s tax base. The goal is to provide revenue to grow, develop and enhance local infrastructure and community services. Local governments can institute a community’s economic planning efforts to build on their official community plan and role in shaping community growth and specifying land use.https://republicpolicy.com/do-we-still-need-colonial-deputy-commissioner-in-a-district/ 

Local government functions that impact economic development and Planning include Planning, taxation, regional business mechanisms, a collaboration between communities and in the larger region, accessing and using programs offered by provincial and federal governments, advocating for community economic development priorities with governments and industry and providing local amenities and infrastructural development.

The accommodations of local government activities that support economic development include helping create and maintain stable, well-paying jobs in the community and improving the quality of life by providing improved services, environmental and recreational areas and cultural and social workouts. Hence, the objective of local government is to provide an organized system where councils exercise their power and responsibilities to work together for stability, order and good governance of their municipal districts. As part of their duties, council persons are expected to work toward enhancing social, economic, and environmental viability and sustainability for the advantage of their district. Their responsibilities also entail promoting appropriate business and employment opportunities for citizens. Effective local governments provide overall quality of life for the people who reside in their communities. 

The Constitution of Pakistan provides the inherent constitutional assurance to raise the institution of local government. Chapter 2 of the Constitution, “Principles of Policy”, necessitates the principle through Article 32 that the state shall encourage local government institutions composed of elected representatives of the areas concerned. In such institutions, special representation will be given to peasants, workers and women. Moreover, that principle is reflected under Article 140 A of the Constitution that 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. Hence, creating an advanced local government by an organic act is the constitutional obligation of a province. Hence, the constitutional provisions empower the provincial assembly to enact an organic law for the Commission, execution and implementation of local government laws, structures and functions.https://republicpolicy.com/the-challenges-of-administrative-reforms-in-pakistan/ 

How are local governments formed?

A constitution is the land’s supreme law, and all institutions must emanate from the life force of the Constitution. The local government shall be created by an organic act of the provincial assembly encompassing the constitutional stipulation of devolving political, administrative and financial powers. Hence, the primary obligation to establish a local government is to legislate an organic act of the provincial assembly. The framework raises a fundamental question as to what should be a local government’s functions under the federation’s administrative scheme. The Constitution does not explicitly provide the functions of a local government. Article 70(4) and schedule IV of the Constitution placed a federal legislative list encompassing 77 federal functions. 59 federal and 18 Council of Common Interests CCI entries are in the FLL.

All those functions not enumerated in the federal legislative list are residuary or provincial, leaving aside almost ten fundamental functions. Hence, the equilibrium of the distribution of functions between the federation and provinces is surpassingly in favour of the federation. Accordingly, the provinces remain reluctant to distribute the residuary subjects between provincial and local governments due to small cake and their desire to concentrate power in the provincial capital. It is the primary reason for the failure of the local government system in Pakistan. A provincial assembly constitute the membership of the provincial assembly. These legislative members are legislators and are required to legislate the bills and laws. It is their legal, structural and constitutional business. How can provincial or even federal legislators poke into the affairs of the local councils? Then, the political culture of Pakistan is riddled with anomalies and contradictions. Constituency politics is entirely different to the legislative scheme of business. In the absence of local government culture, the federal and provincial legislators act as municipal administrators and perform almost all the functions of municipalities. The culture is penetrated to the extent that voters also evaluate their performance of electability of the services of the municipality. Then, municipality interests hover around from local power to financial benefits. That is the reason that provincial members of the assembly do not allow to enact a functional local government act. Moreover, these MNAs and MPAs formulate federal and provincial governments; therefore, the political leaders depend on them. The other significant reason is the political culture of concentration of power in leadership. Political leaders in Pakistan want to refrain from delegating political power to junior leadership or workers. They love the concentration of power. Therefore a culture of administrative or political devolution needs to be established. Hence, without the political culture of devolution, the institution of local government shall not form a substantial institution. https://republicpolicy.com/constitution-democracy-governance-and-colonial-bureaucracy-in-pakistan/    

Coming to the constitutional proposition, the local government is directly dependent upon the constitutional discretion of a provincial assembly. Therefore, a local government system’s accomplishment is directly proportional to the equitable distribution of residuary functions between provincial and local governments. Consequently, local government is dependent on the legislative prerogative of the provincial assembly, and the latter never strengthen the local government due to diverse political, financial and administrative pressures and interests. Local government is created by an organic action of the provincial assembly, so the provincial government manoeuvres the compilation of local government to its advantage. Hence, the quality of the local government act is directly proportionate to the functionality of the local government. Legislating a functional organic act of the local government is an elementary accomplishment for a local government.

Power structures in Pakistan are not eager to decentralize the power as promised in the Constitution due to their devotion to the concentration of power. So, de facto centralization dominates over de jure decentralization, and consequently, the local government is the constitutional causality. The proponents of devolution must harbour a national movement to implement devolution in the country. The case study of local governments in Pakistan is queer and eccentric. Military regimes have provided comparatively more functional local government systems than political establishments. The Ayub, Zia and Musharraf eras had comparatively functional local government systems. Even critics attribute that the local government in the Musharraf era was almost identical to the desired image of the local government system. Is it not bizarre that military regimes provide more functional local government systems than political governments? Military regimes were not dependent on the legislators; rather, legislators were dependent upon them. Then, military regimes needed the core of political legitimacy. Therefore, they would build local governments to showcase the standards of democracy. However, it is politically unacceptable that political parties do not establish the institution of local government. It further proves that the political parties in Pakistan are also undemocratic and believe in the concentration of power. The proposition suggests that there is hardly a difference between military and political establishments regarding devolving powers to the federal constituents and the districts. The power belongs to the districts, and the federal and provincial capitals must devolve the inherent power to the districts. 

The political elite in Pakistan must realize the significance of devolution to improve service delivery and governance at the grassroots level. Besides, political culture needs an electoral reformation to elect the right person for the right legislature. Provincial and national legislators should not be elected on local municipal services. When local government representatives take the municipal services back from national or provincial legislators, there shall be a functional local government. Hence, when the voters can elect their representatives according to the legislative scheme, the institution of local government shall become functional.

Then, the interest of bureaucracy is against the interest of the local government system in Pakistan. Therefore, the bureaucracy compartment is critical for Pakistan’s political growth. The federal bureaucracy must remain in the domain of the federal legislative list part I, and All Pakistan services must remain in the domain of CCI. Then, the provincial bureaucracy must remain in the provincial domain, and finally, the local government bureaucracy must remain in the ambit of local government. Without this constitutional compartment, the local government or other governments shall never be functional. The principles of constitutional and structural alignment of civil services must be ensured. Furthermore, the cadre management of the local government is vital for the autonomy and independence of the local government. Hence, the sovereignty of the local government is critical for its functionality.https://republicpolicy.com/pakistan-need-democracy-not-technocracy/ 

How can local governments be restructured?

Local government requires constitutional guarantees due to our peculiar political environment, as impending governments often repeal the local government legislative acts for myriad reasons. Consequently, the whole construction of the local government falls apart. Therefore, to strengthen the foundation of the local government act, the functions of the local government act should only be repealed with 2/3 of the majority of the provincial assembly. Likewise, the structures of the local government protected in the act should only be repealed with 3/4 of the majority of the provincial assembly. The constitutional guarantee in this regard shall protect the local government act from the interests of the impending government as it would require the complete support of the provincial assembly. Then, the distribution of powers between provincial and local governments in schedule IV of the Constitution shall be the ideal protection for the local government. The structures of federal and provincial governments are protected in the Constitution of Pakistan. Hence, the Constitution of Pakistan must replicate the structures for local government when it makes the creation of local government essential in the Constitution of Pakistan. Hence, creating an explicit domain of local government with constitutional protections is critical for the local government. Local government’s political, administrative and financial structures must be legislatively and constitutionally protected.

Let’s talk about another fundamental flaw in the Constitution of Pakistan! Article 240 of the Constitution provides three types of services, federal, All Pakistan and provincial civil services. It does not provide the creation of local government service LGS. Hence, the creation of local government service LGS should also be provided with a constitutional guarantee like federal, provincial and all Pakistan services. The five rules of creating civil services, including constitutional and structural alignment of a post, cadre, service and subject, must be ensured while developing the specialized cadres of local government service. The foremost requirement of LGS is that it must be independent of the provincial and federal interventions. Reservation, deputation or any other form of cadre entry must be strictly prohibited. Hence, the rules of cadre management must be upheld for the autonomy of local government. Coding and re-coding of local government laws and then their separation from the provincial and federal affairs is critical for the legal life force of local government functions and operations. Local government service LGS can be a pivot across the whole operations of a functional local government system may revolve. Then, the LGS shall be only answerable to local government legislature and political executive. 

The restructuring of local government requires the autonomy of local government legislature and subsequent political executive. How is it possible that the local government legislature elects the political executive of the local assembly, and then they are responsible to the province’s chief minister? It is even ridiculous that the chief minister of a province can terminate the legislative appointment of the elected district head. This very notion is undemocratic and against the spirit of democracy. The political principle is categorical that whichever legislature elects, only that legislature can remove. Hence, restructuring the local government legislature with constitutional and legal powers is inevitable for a functional local government. 

Moreover, financial devolution to districts is as crucial as legislative and administrative devolution. The provincial consolidated fund should equitably be distributed between provincial and local governments, and that distribution must be provided with a constitutional guarantee. A local government’s taxation regime is vital for resource mobilization and ensuring economic activity. Hence, the tax regime should be more progressive than regressive. The vital part is that the institution of local government is a complete government, requiring a specific domain in the complex federation of Pakistan. Hence, the Constitution and the legislative act demarcate local government boundaries and provide subsequent autonomy. Coordination is an essential part of working with other governments. But, it does not mean limiting the powers and autonomy of the local government.https://republicpolicy.com/appointment-of-chief-secretary-and-ig-unconstitutional-kpk-finance-minister/   

There is no specific electioneering time for a local government protected in the Constitution of Pakistan like those for the federal and provincial governments. It is the fundamental reason for delaying the elections. Political parties only hold elections when they believe they shall win and, secondly, when their interests are fulfilled. Therefore, the constitutional guarantee of electioneering time is critical for a functional local government in Pakistan. Hence, the electioneering day of the local government remains an apple of discord owing to provincial and national political interests, often leading to the failure of holding elections. Electioneering of local government elections should be provided with a constitutional guarantee. Appropriately, local government elections may be held alongside national and provincial elections. Hence, the aforesaid constitutional provisions may help restore a functional local government system.

Then, the foremost question is how the local government should be separated from the deputy commissioner’s office. It is the most vital challenge to the institution of local government. Inherently, the federal, provincial and local governments have their interventions in a district. There has always been confusion about how all the governments may operate in the districts. There are federal, provincial and local affairs in a district; therefore, three autonomous principal offices are required in a district. One shall cater for the affairs of a federation, and the other shall cater for the affairs of a province and then, there shall be an independent local government office. The amalgamation of the affairs of all governments in the single office of the provincial government is the fundamental reason for the failure of all governments in a district. It is significant to coordinate all federal, provincial and local affairs. However, the amalgamation of all these affairs shall ruin the concept of federalism and devolution. 

A district is a sub-unit of an administration. The Constitution of Pakistan provides three forms of government; federal, provincial and local. All governments may divide their powers according to the Constitution and legislation. Then, all governments need to execute their powers in the districts. Presently, the office of the provincial government in the form of a deputy commissioner is operational and federal, and provincial governments operate through the office of provincial DC. A district should have three principal coordinating officers; one may be a federal district officer, and the others may be the provincial and local officers of the respective governments.

All executive offices must have the exact legislative, executive and structural alignment. A district belongs to a district government and must have its own representative political chief executive with a local administrator, not the provincial Administrator. Then, provincial or federal governments may establish their principal officers according to schedule IV of the Constitution. It is critical for governance to reform the executive offices strictly in line with legislative and constitutional competence. The deputy commissioner’s office must vanish, and the provincial government must transform it according to the structural requirements of governance, law and Constitution. The governments must devolve the centralized colonial authority to the specialized offices and replace the general cadre of the office with specialized organizational cadres. The offices of local government must lead the operations and development of districts. Let’s respect the domains! https://republicpolicy.com/do-provinces-need-chief-secretaries/

Another significant part of the restructuring of local government is the capacity and functional re-organization of the provincial local Government Department. Hence, it is instrumental to the management of the district and local governments. The administrative department heads the attached organizations and is responsible for capacity building, resource mobilization and structural development of all organizations. The Local Government Department’s administrative obligation is to ensure local governments’ creation and capacity building. Raising the local government service LGS shall be the priority of the local government department. The local government system shall only be functional with a functional department. Predominantly, if an administrative department is functional, that means there exists a functional local government system.

Last but not least, local government is a complete government and should be treated as something other than a little devolved organization. It should be reorganized as a comprehensive government encompassing legislative, administrative and financial powers. Hence, the local government shall only function with a restructuring of it. The idea seems far-fetched and ideal, but there is no other way, as history proves it. The local government can not function on political discretion in Pakistan.