As we embark on the year eagerly awaited by many as the general election year, the citizens of Islamabad Capital Territory (ICT) desperately anticipate the fate of their due representation in the local government in ICT, with their demand for the same gaining momentum ever since.
The local government elections in ICT were scheduled to take place on the 31st of December, 2022. However, just a few days before the elections, the Federal Government decided to amend the Islamabad Capital Territory Local Government Act, 2015 to increase the number of Union Councils owing to a ‘population increase’ in ICT. As a result, the election process had to be postponed indefinitely.
After rounds of litigation challenging the Federal Government’s decision, the Islamabad High Court (IHC) earlier directed the Election Commission of Pakistan (ECP) to conduct the elections as scheduled. This decision triggered a series of legal battles simultaneously before the ECP and IHC, which seem to continue apace as the Federal Government and ECP have challenged the decision of the IHC in intra-court appeal.
The ECP had earlier demonstrated its commitment before the IHC to conduct the elections on the scheduled date, however, it soon fell prey to the glaring administrative and legal challenges in view of the Federal Government’s decision.
This is not the first time that the State has demonstrated its inefficiency and bad faith towards implementing the local bodies system in Pakistan. In the backdrop of these legal developments, it is imperative to analyze the importance of local governments under the Constitution of Islamic Republic of Pakistan, 1973.
The Constitution confers upon the State the responsibility to encourage the local government system composed of “elected representatives of the areas concerned” (Article 32). To that effect, it is the State’s responsibility under Article 37(i) to “decentralize the government administration” in order to “facilitate expeditious disposal of its business to meet the convenience and requirements of the public”.
Furthermore, through the 18th Constitutional Amendment, a mechanism for establishing local governments was enacted. Article 140A confers upon the provinces the responsibility to establish local government system and devolve ‘political, administrative and financial responsibility and authority’ to the elected representatives of the local governments.
These provisions uphold the scheme of the Constitution as declared in its preamble holding that the State’s powers and authority is to be exercised through the chosen representatives of the people. The Constitution of 1973 was framed with an ardent dedication to the preservation of democracy, and therefore encapsulates it as one of its core values.
For its implementation, the Constitution confers upon the ECP the exclusive mandate of conducting local government elections under Article 140A(2) and 219(d). Additionally, the ECP, under Article 218(3) is responsible for making necessary arrangements in order to ensure that the elections are conducted “honestly, justly, fairly and in accordance with law”. Moreover, Article 220 casts a duty on the executive authorities in the Federation and the Provinces to assist the ECP in the discharge of its functions, to conduct free and fair elections.
However, recent history tells us that whoever sits in the Center shrewdly maneuvers the system to their own political advantage. The Federal Government had previously given an undertaking before the Superior Courts to conduct local government elections in ICT on time, however it has since then used a bevy of delaying tactics to evade its responsibility, on one pretext or another.
As a result, the implementation of this system still stands prey to the seemingly endless challenges, and the administration of ICT continues to operate in a vacuum.
In the Administrator Municipal Corporation case (2021 SCMR 714), the Supreme Court held that the holding of local government elections lies within the domain of the ECP, and in case the Federation or the Provinces create hurdles in the way of the ECP, they will be violating the Constitution, which may attract serious consequences.
The matter was disposed of in view of the ECP’s readiness and assurance to conduct local government elections in ICT. Similarly, in the Rab Nawaz case (2014 SCMR 101), the Supreme Court held that discrimination against residents of ICT was not permissible, as they were being deprived from participating in governance at grass roots level.
Due to this vacuum in the administration of ICT, the political, administrative and financial responsibility and authority is being exercised by unelected bodies. Moreover, the implementation of Police Order, 2002 that regulates policing and the police department, is contingent on the assumption of office by the local government.
As a result, the citizens of ICT are being deprived of their basic democratic rights. Furthermore, without the system of devolution of power, the very concept of the Federation stands ineffective, with legislators concentrating on issues that should be dealt by the local governments, leaving their primary job of law-making unattended.
The Supreme Court in Rab Nawaz case (2013 SCMR 1629) discussed the importance of the local government,
“The local government is necessary not only for strengthening democracy in the country but also for securing good governance, which is essential to ensure welfare of the citizens. This tier of government is always appreciated by the general public because they get involved in the decision-making process in those policy areas which have a direct impact on their lives.”
Justice Mansoor Ali Shah in Awais Younas case (PLD 2016 Lahore 1) observed that the local government system educates the common people, fortifies the sense of participation, accountability and social cohesion at the local level, through which the federation is strengthened.
A representative government and a participatory democracy at the grass roots level is the bedrock of our constitutional framework, and implementing it is the responsibility of the State.
Millions of rupees from the public exchequer have already been spent on the pre-electoral phase in Islamabad. Numerous undertakings and commitments have been given, but the very prerequisite of the devolution of power – the holding of elections - remains curbed in the face of manifold challenges.
Another year has passed by without any adherence to this constitutional commitment. The new year brings with it a new ray of hope that the demands of the citizens of ICT will finally find representation in the democratic process.
The local government elections in ICT were scheduled to take place on the 31st of December, 2022. However, just a few days before the elections, the Federal Government decided to amend the Islamabad Capital Territory Local Government Act, 2015 to increase the number of Union Councils owing to a ‘population increase’ in ICT. As a result, the election process had to be postponed indefinitely.
After rounds of litigation challenging the Federal Government’s decision, the Islamabad High Court (IHC) earlier directed the Election Commission of Pakistan (ECP) to conduct the elections as scheduled. This decision triggered a series of legal battles simultaneously before the ECP and IHC, which seem to continue apace as the Federal Government and ECP have challenged the decision of the IHC in intra-court appeal.
The ECP had earlier demonstrated its commitment before the IHC to conduct the elections on the scheduled date, however, it soon fell prey to the glaring administrative and legal challenges in view of the Federal Government’s decision.
This is not the first time that the State has demonstrated its inefficiency and bad faith towards implementing the local bodies system in Pakistan. In the backdrop of these legal developments, it is imperative to analyze the importance of local governments under the Constitution of Islamic Republic of Pakistan, 1973.
The Constitution confers upon the State the responsibility to encourage the local government system composed of “elected representatives of the areas concerned” (Article 32). To that effect, it is the State’s responsibility under Article 37(i) to “decentralize the government administration” in order to “facilitate expeditious disposal of its business to meet the convenience and requirements of the public”.
Furthermore, through the 18th Constitutional Amendment, a mechanism for establishing local governments was enacted. Article 140A confers upon the provinces the responsibility to establish local government system and devolve ‘political, administrative and financial responsibility and authority’ to the elected representatives of the local governments.
These provisions uphold the scheme of the Constitution as declared in its preamble holding that the State’s powers and authority is to be exercised through the chosen representatives of the people. The Constitution of 1973 was framed with an ardent dedication to the preservation of democracy, and therefore encapsulates it as one of its core values.
A representative government and a participatory democracy at the grass roots level is the bedrock of our constitutional framework, and implementing it is the responsibility of the State.
For its implementation, the Constitution confers upon the ECP the exclusive mandate of conducting local government elections under Article 140A(2) and 219(d). Additionally, the ECP, under Article 218(3) is responsible for making necessary arrangements in order to ensure that the elections are conducted “honestly, justly, fairly and in accordance with law”. Moreover, Article 220 casts a duty on the executive authorities in the Federation and the Provinces to assist the ECP in the discharge of its functions, to conduct free and fair elections.
However, recent history tells us that whoever sits in the Center shrewdly maneuvers the system to their own political advantage. The Federal Government had previously given an undertaking before the Superior Courts to conduct local government elections in ICT on time, however it has since then used a bevy of delaying tactics to evade its responsibility, on one pretext or another.
As a result, the implementation of this system still stands prey to the seemingly endless challenges, and the administration of ICT continues to operate in a vacuum.
In the Administrator Municipal Corporation case (2021 SCMR 714), the Supreme Court held that the holding of local government elections lies within the domain of the ECP, and in case the Federation or the Provinces create hurdles in the way of the ECP, they will be violating the Constitution, which may attract serious consequences.
The matter was disposed of in view of the ECP’s readiness and assurance to conduct local government elections in ICT. Similarly, in the Rab Nawaz case (2014 SCMR 101), the Supreme Court held that discrimination against residents of ICT was not permissible, as they were being deprived from participating in governance at grass roots level.
Due to this vacuum in the administration of ICT, the political, administrative and financial responsibility and authority is being exercised by unelected bodies. Moreover, the implementation of Police Order, 2002 that regulates policing and the police department, is contingent on the assumption of office by the local government.
As a result, the citizens of ICT are being deprived of their basic democratic rights. Furthermore, without the system of devolution of power, the very concept of the Federation stands ineffective, with legislators concentrating on issues that should be dealt by the local governments, leaving their primary job of law-making unattended.
The Supreme Court in Rab Nawaz case (2013 SCMR 1629) discussed the importance of the local government,
“The local government is necessary not only for strengthening democracy in the country but also for securing good governance, which is essential to ensure welfare of the citizens. This tier of government is always appreciated by the general public because they get involved in the decision-making process in those policy areas which have a direct impact on their lives.”
Justice Mansoor Ali Shah in Awais Younas case (PLD 2016 Lahore 1) observed that the local government system educates the common people, fortifies the sense of participation, accountability and social cohesion at the local level, through which the federation is strengthened.
A representative government and a participatory democracy at the grass roots level is the bedrock of our constitutional framework, and implementing it is the responsibility of the State.
Millions of rupees from the public exchequer have already been spent on the pre-electoral phase in Islamabad. Numerous undertakings and commitments have been given, but the very prerequisite of the devolution of power – the holding of elections - remains curbed in the face of manifold challenges.
Another year has passed by without any adherence to this constitutional commitment. The new year brings with it a new ray of hope that the demands of the citizens of ICT will finally find representation in the democratic process.