Daily Times

The Supreme Court Tuesday announced its verdict on a petition filed by the Muttahida Qaumi Movement-Pakistan (MQM-P) directing the Sindh government to devolve financial, administrative and political powers to the local government as enshrined under the Constitution.

The apex court had reserved its decision on Oct 26, 2020, on the petition seeking empowerment and autonomy for local government institutions in Sindh. The then MQM, now MQM-P, had challenged the Sindh Local Government Act (SLGA) 2013 in the Supreme Court in October 2013. The SLGA-2013 was passed into a law by the Sindh Assembly on August 19 amid opposition by the MQM.

In the verdict, Chief Justice Gulzar Ahmed noted that local governments were formed under Article 140-A of the Constitution, which bound the provincial governments to establish “empowered” local governments in their jurisdiction. Justice Gulzar remarked that a provincial government could not launch a project falling in the jurisdiction of the local government.

The court also declared as void Sections 74 and 75 of the SLGA related to the transfer of functions from councils to government and commercial schemes. Justice Ahmed said it was a prerogative of local governments to create and implement the city’s master plan. “The Sindh government is bound to set up empowered local bodies,” the apex court said in its verdict.

The CJP remarked the Sindh government was also 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.”

The apex court also directed 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. Before wrapping up the petition, the chief justice directed the Sindh government to strictly ensure compliance of all related laws with Article 140-A of the Constitution. MQM-P leader and Minister for Information Technology and Telecommunication Aminul Haq said it was a “day to rejoice” for all legislatures of the country, as the apex court defined Article 140-A of the Constitution in detail.

He said the court also clarified that a master plan should be in control of the mayor and elected representatives, saying it was welcoming to see the top court nullifying sections 74 and 75 of the SLGA, which granted powers to the Sindh government to take control of any local institution. “The provincial government had previously taken over KWSB and KDA from mayor,” he recalled. He said it was a victory of MQM in a case that it had been fighting for years.

“It was our fight under the law and the Constitution. We are thankful to the Supreme Court for their timely decision that will help local bodies system prosper.”