LOCAL
GOVERNMENT IN PAKISTAN
Local governments have existed in the Indian
subcontinent for many centuries, with the first
municipal corporation set-up in Madras in 1688 by
the East India Company. In 1842, the Conservancy
Act which lead to the formation of sanitary
committees for garbage disposal became the first
formal measure of municipal organization which
applied to the Bengal Presidency. In Karachi, the
Board of Conservancy was established in 1846,
while in Lahore and Rawalpindi, the Municipal Act
was passed in 1867. Subsequent important events
were Lord Ripon's Resolution on local
self-government in 1882, which allowed for the
provision of some elected members in municipal
committees and proposed the establishment of rural
local governments. The 1907 Decentralization
Commission recommended the appointment of
non-official Chairmen of municipal committees, a
recommendation which was endorsed and extended
further by the 1925 Simon Commission set up to
assess the performance of local self-government.
The 1935 Government of India Act allowed
provincial autonomy and permitted provinces to
frame legislation on local government systems.
In
1947 the areas that constituted Pakistan had few
developed systems of local government and they
were confined mainly to Punjab. Wherever local
government existed, it was not based on adult
franchise and its agenda and budget was under
severe bureaucratic control of the Deputy
Commissioner who played a critical role in
determining its policy. The period 1958 to 1969
saw the erection of Pakistan's first Martial Law
and the establishment of a military government as
well as the development of an extensive elected
system of local government. The military
government after disbanding the provincial and
national governments realized that there was a
need for at least a resemblance of involvement of
the people in their own affairs. This gave rise to
the Basic Democracies System providing for a new
local government system across the country through
which members were elected. In urban areas, town
committees were set up for towns having a
population of less than 14,000. Under the Basic
Democracies Ordinance of 1959, urban areas were
defined as areas under the jurisdiction of a
municipal body or any other area that the
government could declare as an urban area. Town
committees were expected to perform 37 functions
ranging from measures for promotion of social
welfare and health to the maintenance of
infrastructural facilities. These committees could
also levy taxes on 29 items that included vehicles
and trade.
Urban areas consisted of union committees that had
six to ten elected members. The Chairman of the
union committee was elected as an ex-officio
member of the municipal committee. Union
committees were deprived of fiscal powers of any
sort. While all the Chairmen of union committees
were members of the municipal committee, the
Chairman of the municipal committee itself was
appointed by the provincial government or by
Commissioners. In rural areas, the first tier of
government was the Union Council that consisted of
a group of villages. Like urban areas, each
Council elected a Chairman from amongst its
members who served as the executive head of the
committee. Like town committees, Union Councils
also had 37 functions assigned to them. The
Chairmen of the Union Councils in an area
constituted collectively a higher Council, the
Tehsil Council, which did not perform any
executive functions. Its main function was to
coordinate the activities of Union Councils and
Union Committees in its jurisdiction. Unlike Union
Councils, the Tehsil Council had no taxation
powers.
In
the Basic Democracies System, a District Council
was created, consisting of an Electoral College of
which all Chairmen of Union Councils, town and
union committees were members, removing the
distinction between urban and rural areas. The
District Council had 28 obligatory and 70 optional
functions and powers to levy taxes. Its main
purpose was to coordinate the activities of all
local councils and municipal committees under its
jurisdiction. The Basic Democracies system was
seen as a substitute for universal suffrage and
served as an Electoral College to elect the
President and the assemblies. However, with the
fall of the Ayub Khan regime, to which the system
was closely associated, it fell into disfavour.
Besides, the first general elections of 1970 and
the separation of East Pakistan from Pakistan
resulted in the formation of an altogether new
system of government in the country. Ironically
though, the proposed elections to be held under
the People's Local Government Ordinance of 1975
promulgated by Pakistan's first democratically
elected government and meant to elect town and
municipal committees (as well as councils in the
rural area), were never held.
If the first Martial Law Government was the
pioneer in devising an extensive system of local
governments, it was the second Martial Law Regime
of General Zia that implemented elected local
governments. These were revived in 1979 under the
provincial local government ordinances, which,
with amendments, was in operation till 14th
Auguest 2001 in Pakistan. Under this ordinance,
there were four levels of municipal government in
the urban areas: town committees, municipal
committees, municipal corporations and
metropolitan corporations. Members of the council
elect the senior officers of these councils and
the controlling authority was the elected house.
There was a three-tier system of local government
in operation in Pakistan in the rural areas, where
Union Councils, Tehsil or Taluka Councils and
District Councils were supposed to exist. However,
provincial governments had in practice usually
abolished the middle-tier, the Tehsil/Taluka
level. As a result mainly Union Councils and
District Councils existed, which were elected on
the basis of adult franchise. The elected members
elected the Chairmen of these councils themselves.
The
period since 1985 had seen five general elections
enabling the people to choose members of the
provincial and national assemblies. In the absence
of elected assemblies however, local governments
were the only popularly elected bodies and thus
played important political and developmentalist
roles. After the election of Senators and members
of the provincial and national assemblies, the
role of local governments had been substantially
marginalized. These elected representatives had
taken over some functions which local governments
used to perform. Specific federal and provincial
level programmes that were directed at elected
provincial and federal members of parliament, such
as the Five Point Programme of the Junejo
Government (1985-1988), the Peoples Programme of
the first Benazir Bhutto Government and other such
programmes, had in many ways intervened in the
evolution of proper and improved local government.
Under the above named programmes, elected members
of provincial and national assemblies were given
funds of considerable amount that they could use,
largely on their own discretion, for
developmentalist projects in their political
constituency. This had severely undermined the
role local governments had been playing and could
play in the development of particular (local)
areas and regions. Furthermore, the fact that the
elected principle of local bodies had been in
abeyance reflects the attitude of elected and
non-elected government officials. There seemed to
be an inherent conflict of interest between
different tiers of government in which local
governments, assumed to be the most expendable,
had had to bear the brunt.
The
present government of Pakistan, sensing the
obvious short comings of local government system
under Ordinance of 1979 and putting the country on
the road of democracy came up with a new local
government plan. The plan integrates the rural
with the urban local governments on one hand and
bureaucracy with the local government on the
other, into are coherent structure in which
district administration and police are answerable
to the elected Chief Executive of the district.
Citizen monitoring of the affairs of governance
through elected representatives, the civil
society's involvement with development activities
and system of effective check & balances.
Local government's are formed on three levels
Distrcit, Tehsil & Union Council level. They are
based on five fundamentals devolution of political
power, decentralization of administrative
authority, decentralization of management
functions, diffusion of power authority nexus and
distribution of resources at different levels.
Election were held in August, 2001 under the new
local government Ordinance. Elected Local
governments have been successfully setup at all
tiers and devolution of administrative,
bureaucratic and financial resources one at the
final stages.
The
Local Governments have successfully completed
their tenure and new elections of Local
Governments were held in year 2005. A major
paradigm in shift has taken place after devolution
plan 2001. Powers have been decentralized at grass
roots level, which enhanced efficiency and
effectiveness.