ISLAMABAD: On a petition filed by the Muttahida Qaumi Movement-Pakistan (MQM-P) seeking more powers and autonomy for Sindh’s local government institutions, the Supreme Court ordered the PPP-led Sindh government to devolve political, financial, and administrative resources to local government as enshrined under the Constitution.
Chief Justice of Pakistan, Gulzar Ahmed remarked in the verdict that since local governments are established under Article 140-A of the constitution, provincial governments are under obligation to empower local governments that fall within their jurisdiction. “The Sindh government is bound to set up empowered local bodies,” the apex court said.
Earlier, MQM-Pakistan had argued in its petition that the Sindh government has taken over all the financial and administrative powers of the local governments through the Sindh Local Government Act whereby it amended Section 74 and 75 in violation of the constitution.
As the verdict was announced, the CJP also reminded the Sindh government that it was bound to have a “good working relationship with local governments [for effective functioning of the system]”.
The court also ordered to amend the rules of the Sindh Building Control Authority and the Karachi Development Authority (KDA) in line with the Constitution, “while the laws related to the Malir Development Authority and the Hyderabad Development Authority must also be changed in accordance with the Constitution.”
In the same vein, the apex court ordered provincial authorities to amend laws related to the Lyari Development Authority, the Sehwan Development Authority, the Larkana Development Authority, and the Karachi Water and Sewerage Board. “The laws where there is a contradiction between the powers of the provincial and local governments should also be amended,” the court ruled.
In a bid to make sure the verdict is enforced in its true spirit; the chief justice directed the Sindh government to strictly ensure compliance of all related laws with Article 140-A of the Constitution.
The author covers politics and foreign affairs for Truth International Magazine. He can be reached at [email protected] or at https://twitter.com/shahmir_niazi