ECP Calls for Legal Reform to Uphold Local Government Elections
Reportedly, the Election Commission of Pakistan has formally written a letter to the Secretary of the Parliamentary Affairs Division, advocating for an amendment to Section 219(1) of the Election Act. This move aims to guarantee the timely conduct of Local Bodies elections and eliminate potential delays that have plagued the process. The letter expresses regret over the general lack of readiness shown by successive governments to organize local government elections, highlighting the difficulties the Commission faces in fulfilling its constitutional and legal mandates.
Constitutional Obligations and Systemic Delays
In its communication, the Election Commission observes that it has consistently strived to hold Local Government Elections on schedule to meet its constitutional obligations. However, federal and provincial governments have repeatedly repealed or amended local government laws, thereby causing unwarranted postponements. This pattern of delay undermines the democratic framework envisioned by the Constitution.
Section 219(1) of the Election Act stipulates: “The Commission shall conduct elections to the local governments under the applicable local government law, and the rules framed thereunder, as may be applicable to a province, cantonments or the Islamabad Capital Territory.” Additionally, Section 219(4) mandates: “The Commission shall hold elections to the local governments within one hundred and twenty days of the expiry of the term of the local governments of a province, cantonment or the Islamabad Capital Territory.”
Unfortunately, as rightly pointed out by the Election Commission, federal and provincial governments have been deliberately shirking their responsibility to install local governments by amending or repealing relevant laws. This regrettable reality has resulted in local governments being the missing link in Pakistan’s governance structure for extended periods.
Political Consensus on Local Governance
On Tuesday, Defence Minister Khawaja Asif, speaking in the National Assembly, also lamented the absence of functioning local governments in the country and advocated for their establishment in accordance with Article 140-A of the Constitution. The opposition benches echoed similar sentiments, indicating a rare cross-party agreement on this critical issue.
Most parliamentary democracies operate on a three-tier system of governance, with local governments serving as the foundational pillar. The Constitution of Pakistan similarly envisages a three-layered system comprising federal, provincial, and local governments. Yet, it is painful to note that while federal and provincial governments have functioned uninterrupted under both civilian and military rule, only military regimes have installed local government systems—often not as constitutionally envisaged, but rather to build grassroots support and undermine political parties.
Historical Context and Constitutional Breaches
The elected governments that interspersed military regimes remained criminally oblivious to this constitutional requirement. The consequence of this wilful breach by so-called elected governments is that the state of Pakistan has failed to provide essential services to its citizens and foster a responsible relationship with them.
The local government model crafted by the National Bureau of Reconstruction during the Musharraf era was arguably the most appropriate initiative aligned with the constitutional framework. It enhanced the powers of elected local representatives and abolished the offices of the District Magistrate and Divisional Commissioners, thereby fulfilling the constitutional requirement under Article 175(3) for the separation of the judiciary from the executive at the district level.
Challenges and Recentralisation Efforts
However, the PML(Q) government installed by Musharraf subsequently weakened the system by altering key features and initiating a process of recentralisation of several development departments. Faced with resistance from legislators with vested interests in controlling development funds, as well as from powerful occupational groups like the DMG and police—both benefiting from bureaucratic dominance—Musharraf ultimately acquiesced to changes driven by political expediency.
Following the restoration of democracy after the 2008 elections, all provincial governments abandoned the NRB system and revived the archaic, colonial model of district administration. Despite loud proclamations of democratic credentials, none of the ruling parties in the provinces bothered to establish local governments in accordance with constitutional requirements, even defying Supreme Court orders to enact new laws in this regard.
Constitutional Vision and Necessary Reforms
Article 140-A (1 and 2) stipulates: “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. Elections to the local governments shall be held by the Election Commission of Pakistan.” As evident, the constitutional vision requires full devolution of powers, including control over development projects and local administration, free from provincial government overreach.
Regrettably, the laws enacted by provinces have consistently fallen short of Article 140-A requirements. A functional local government system necessitates:
- Full decentralisation of social sectors
- Accountability of service providers to elected local representatives
- Elected control over local administration, including police and district bureaucracy
- Adequate allocation of financial resources
- Elimination of the dubious practice of allocating development funds to legislators
Although Section 219(1) obliges the Election Commission to conduct elections per provincial laws, both federal and provincial governments have consistently obstructed these efforts. The reality is that Pakistan needs uniform local bodies laws, along with an amendment to Section 219(1) that clearly defines the term of local bodies and bars provincial governments from arbitrarily delaying elections.
Path Forward for Democratic Governance
While designing a local government system under Article 140-A, it is essential to ensure the separation of the judiciary and administration at the district level, as envisaged in Article 175(3) of the Constitution. This would also help eliminate the much-detested ‘thana culture’. Therefore, it is incumbent upon all political parties and proponents of constitutional rule to use collective wisdom to introduce necessary amendments to the Election Act and the Constitution, enabling the Election Commission to fulfil its obligations effectively.
