- Harnessing the Power of Local Decision-Making: Article 140-A and the Path to Citizen Empowerment
- Building a Stronger Nation: The Role of Local Governments in Driving Economic Growth and Social Development
- From Participation to Prosperity: Why Devolving Power to Local Levels Is Vital for Pakistan’s Future
It is an ancient saying that ‘Humans feel suppressed in a society when not participating.’ This concept of participation is ingrained in the genome of Homo sapiens, being a social animal. Humans want to be heard, looked after, and engage with others for mutual interest. Fast-forwarding to current times, societies have developed and prospered more when citizens are given the liberty to engage in communal decisions, feeling that they have a ‘valuable greater say’ in directing governance. The more members of society have a ‘say,’ the more content, peaceful, and developed the society and the nation as a whole become. This is what democracy is, ‘by the people, for the people.’
Pakistan enacted the 18th Amendment 14 years ago today, on April 10, 2010. It addressed the concentration of power by adding devolution via Article 140-A, defining the structure of local government. Article 140-A (the 3rd tier of government) is defined in the constitution as “Local Government. – (1) 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.”
With a bare read of the article, it is evident that the framers of the amendment intended to completely devolve the authority and responsibility of political, administrative, and financial matters to the 3rd Tier local government system. The reluctance of consecutive governments not to devolve and hold onto the powers conjoined in it has created a sense of deprivation in the citizens of Pakistan, hindering their active participation and input in local decisions
With a bare read of the article, it is evident that the framers of the amendment intended to completely devolve the authority and responsibility of political, administrative, and financial matters to the 3rd Tier local government system. The reluctance of consecutive governments not to devolve and hold onto the powers conjoined in it has created a sense of deprivation in the citizens of Pakistan, hindering their active participation and input in local decisions. This has developed to the point of powerful resentment and may boil over at any moment to a chaotic point, which already occasionally triggers minor resentful incidents. Further delay will undoubtedly weaken Pakistan’s governance, law and order, peace, and the delivery of effective services.
It has been observed that all governments since the enactment of Article 140-A have avoided addressing the devolution of power and the formation of local governments. The matter was petitioned in the Supreme Court of Pakistan under Public Interest Litigation (PIL). In a detailed judgement in March 2021, the Supreme Court ordered the sitting PTI government to conduct local government elections within 30 days and devolve powers as per Article 140-A of the Constitution of Pakistan. The matter fell on deaf ears of the PTI government.
Therefore, a contempt petition was submitted as PIL to the Election Commission of Pakistan (ECP), requesting immediate local government elections as per the Constitution and the Supreme Court’s order. It was surprising to note that all mainstream parties submitted dissenting replies, pleading delaying tactics to avoid conducting local government elections.
The ECP, in its detailed orders, compelled all provincial governments and the ICT to conduct immediate local government elections, specifying election dates in some cases, such as the ICT and Sindh. However, it is evident that each provincial government either half-heartedly conducted undermined elections or did not conduct them at all, as in the case of the ICT. The provincial Local Government Acts were also intentionally enacted by the provincial governments, falling far short of the description of Article 140-A of the Constitution of Pakistan.
Pakistan can’t progress further without effective, robust, and delivering local governments, chosen by the local population and empowered to decide their fates themselves. If we examine the progress, development, and delivery of all modern world nations, we observe that the major factor in their progress is the sense and authority of the local population to participate in the local decisions of their respective areas via their local body governments. The more power is devolved, the more developed and content the citizens are. Pakistan has 170 administrative districts (including 10 districts of Azad Kashmir and 14 districts of Gilgit Baltistan), which are further subdivided into tehsils and unions.
The evaders of devolution of power often propose the division of further provinces as a classic excuse to divert attention. However, this is a classic spin-doctrination tactic, as shaking provincial fault-lines allows them to delay the demand for devolution of power. When an established and working administrative structure is already available, wherein all administrative machinery is operational, who would want to create unexperienced enchanted horizons?
If the local government system is rightly implemented as per Article 140-A of the Constitution of Pakistan, Pakistan can rapidly progress on each district level, contributing to the rapid growth of GDP and the tax kitty of Pakistan. With the true application of Article 140-A, local districts will be able to decide their revenue sources, plan local industrial zones, excel in their local specialty produce or manufacturing, and receive municipal, health, education, transport, and other services at their doorstep. They shall be able to participate in local decision-making and allocate resources according to their needs. It has been observed that local governments, wherever implemented in the world, have created rapid development and generated substantial local employment and growth.
Wisdom dictates that we can’t reinvent the wheel; the only thing we can do is improve it. The world has already created, implemented, and experienced effective, robust, and delivering local government systems, which in turn have propelled progression and development for their citizens. From Tokyo to San Francisco, and all countries in between, effective and fully devolved local government systems have been implemented for decades, providing citizens with a sense of local participation in their regional progress and decision-making. Three out of four bordering countries (China, India, and Iran) also have effective local governments in place. If Pakistan is to progress and create a delivering society, it must opt for local governments as per the spirit of Article 140-A of the Constitution of Pakistan, with immediate effect and without wasting any further time. Democracy is at its best when broader wisdom is utilized to the maximum in governance decision-making.