PILDAT Endorses Expansive Local Govt Constitutional Amendment Bill

PILDAT Endorses Expansive Local Govt Constitutional Amendment Bill
The Pakistan Institute of Legislative Development and Transparency (PILDAT) endorsed the Constitutional Amendment Bill introduced by Pakistan Tehreek-e-Insaf (PTI) Senator Sania Nishtar in the Senate to strengthen Local Governments in the country.

The amendment seeks to replace Article 140A of the Constitution with a more detailed one, including a sixth schedule listing subjects under Local Governments.
140A. 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 representatitves of the local governments.

(2) Elections to the local governments shall be held by the Election Commission of Pakistan.

As per the bill, the federation and 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 in relation to programs, plans, and schemes for the provision of civic services, economic development, and social justice in the matters listed in the Sixth Schedule.





Most importantly the amendments seek to greatly empower local governments, defining not only period for elections but also subjects such as 'local police' and environment and categories for development including construction of roads up to secondary schools, rural and basic health centres, public transport, town planning, conciliation servicces/panchayats, among others.

Moreover, the amendments propose that elections to the local governments shall be held by the Election Commission of Pakistan (ECP), and that the body shall ensure the election of each tier of the local government system. It introduces a unique electoral condition to hold elections for each tier 30 days prior to the expiry of the prescribed tenure of that tier and within 60 days of the premature termination, for whatever cause, of such tenure.

The bill stated that the federal and provincial governments shall be bound to provide the sums required by the ECP for the conduct of local government elections, and such sums shall be treated as charged expenditure within the meaning of Article 81 of the Constitution.

It added that the term of office of each tier of the local government system shall not be less than four years which can not be reduced by dissolution, suspension, or other means except for reasons stated and approved by parliament or the concerned provincial assembly.

The federation and each province shall by law establish independent finance commissions to make recommendations on the allocation of revenues to the local governments for the effective performance of the responsibilities entrusted to them, and the recommendations of these commissions shall be approved by Parliament and the concerned provincial assemblies with such modifications as may be mandated by the availability of resources, the bill stated.