Islamabad Legislative Assembly: A Constitutional Right Deferred

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Islamabad, Pakistan’s capital, lacks democratic self-governance, with power centralised under unelected officials. Residents are denied legislative representation, violating constitutional principles and democratic rights.

2024-11-20T15:31:00+05:00 Barrister S M Yawar

Islamabad, a city of over three million, the throbbing heart of Pakistan's governance, lies strangled by the very federation it was built to serve. This city, which should stand as a beacon of representation and rights, finds itself gagged, its residents denied even the most basic voice in their affairs. 

Where Pakistan’s provinces enjoy the benefits of a three-tiered governance system, enabling them to handle local concerns and craft policies through elected assemblies, Islamabad is left abandoned, its people bound by laws dictated from above, its voice stifled by a centralised grip on power.

The entirety of Islamabad’s legislative control resides in the hands of Parliament, a body with far-reaching national priorities that views the capital as an afterthought. Its governance is imposed by an unelected Chief Commissioner, a federal appointee who wields executive powers unchecked by any local body as if Islamabad were a conquered territory rather than a city at the core of the federation. Islamabad deserves to govern itself, not merely serve as a pawn on the federal chessboard.

Pakistan's identity as a federal republic isn't mere legal terminology; it's a fundamental promise to its people. A federation, by definition, balances central authority with regional autonomy, while a republic ensures citizens' sovereign right to elect their representatives. Yet Islamabad's residents find themselves in a democratic void, denied the basic rights enjoyed by their fellow citizens across Pakistan. This isn't just a technical violation of federation principles; it's a systematic denial of fundamental democratic rights at the heart of our nation.

Article 1 of the 1973 Constitution boldly proclaims Pakistan as a Federal Republic, with Islamabad recognised under sub-article 2(b) as a vital unit of this federation. Article 2A enshrines the Objectives Resolution within the Constitution, a cornerstone of Pakistan’s legal foundation. 

Only about one percent of Parliament comprises members directly elected by Islamabad’s citizens, this grotesque imbalance renders the capital’s residents largely voiceless, with critical legislative decisions swayed by politicians disconnected from their realities

First tabled by Liaquat Ali Khan, it lays bare the vision for a truly federated Pakistan. The Objectives Resolution demands that “all units within the Federation should be autonomous,” declaring: “Wherein the territories now included in or in accession with Pakistan and such other territories as may hereinafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed.” To ignore this mandate is to betray the very essence of our constitutional promise.

Islamabad stands as a federating unit stripped of its rightful federation-level equal rights. According to Article 142(d) of the Constitution, the power to legislate for Islamabad rests exclusively with Parliament. Shockingly, only about one percent of Parliament comprises members directly elected by Islamabad’s citizens, this grotesque imbalance renders the capital’s residents largely voiceless, with critical legislative decisions swayed by politicians disconnected from their realities. 

The centralisation of Islamabad’s governance reaches its very core, overseen by the Chief Commissioner, an unelected federal appointee wielding unchecked executive powers reminiscent of a provincial regime, devoid of the accountability an elected leader would face. This power derives from Presidential Order No. 18 of 1980, a decree that echoes the oppressive colonial model, where a distant authority dictates local affairs. In today’s Pakistan, this arrangement feels like a relic of the British Raj, imposing power rather than granting choice, alienating citizens who have no voice in selecting those who govern their unit.

The absence of a local legislative body is a blatant affront to Article 25 of the Constitution, which promises equal rights for all citizens. In the pivotal case of Raja Rab Nawaz (2014 SCMR 101), the Supreme Court declared, “Suffice it to observe that the state must enforce the constitution in its letter and spirit and there should not be any discrimination in terms of Article 25 of the constitution but discrimination amongst the citizens living in different federating units is not permissible as if in the province of Punjab elections are being held but the residents of ICT are being deprived from participating in governance at the grassroots level.” 

This case didn’t just underscore the rights of ICT residents; it affirmed the equal rights of Islamabad’s citizens as members of a separate federating unit. By depriving ICT of a second-tier government, the state robs residents of the opportunity to wield the same rights enjoyed by citizens in other federating units, egregiously undermining their right to self-governance and policy-making.

Capital territories from Delhi to Canberra enjoy legislative autonomy, Islamabad remains frozen in a colonial-era governance model that mocks democratic principles

In District Bar Association, Rawalpindi v. Federation of Pakistan (PLD 2015 SC 401), the Supreme Court laid bare the salient features of the 1973 Constitution: “Democracy, Federalism, Parliamentary Form of Government blended with the Islamic Provisions, Independence of Judiciary, Fundamental Rights, Equality, Justice and Fair Play.” The Court cautioned that violating these principles would render the Constitution a mere “cadaver.” 

For Islamabad’s citizens, the lack of a legislative assembly has meant being trapped in a bureaucratic stranglehold, where their pressing issues, from chaotic urban planning and health and environmental issues to erratic water supplies, are decided by officials with little connection to their daily lives. 

This undemocratic setup imposes policies from above, leaving residents voiceless and their concerns dismissed by a central authority deaf to local needs. Without a legislative assembly and a council of ministers, Islamabad remains shackled to a colonial-era governance model. Denying Islamabad its legislative assembly disenfranchises the people of the capital by consolidating legislative authority within Parliament, leaving its residents with a mere whisper in a cacophony of indifference.

Granting Islamabad a legislative assembly isn't merely fulfilling a constitutional obligation - it's about righting a fundamental wrong at the heart of our democracy. While capital territories from Delhi to Canberra enjoy legislative autonomy, Islamabad remains frozen in a colonial-era governance model that mocks democratic principles.

The path forward is clear: Islamabad's residents deserve what every other Pakistani citizen already has - a real voice in their governance. As Pakistan's capital and symbol of national unity, Islamabad should exemplify our democratic values, not stand as a testament to their absence. The time for half-measures and colonial holdovers is over. Give Islamabad its assembly, and let democracy breathe in the heart of our republic.

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