Fafen proposes constitutional reforms to strengthen local govts

ISLAMABAD: The Free and Fair Election Network (Fafen) has urged the Parliament to strengthen country’s long-neglected system of local governments in a future constitutional amendment that truly reflects the spirit of Articles 7, 32, and 140-A of the Constitution.

Highlighting persistent gaps in the implementation of constitutional provisions related to devolution, Fafen’s latest policy brief, “Devolution in Practice: Ensuring Effective and Accountable Local Governments in Pakistan,” calls for comprehensive reforms to ensure continuity and autonomy of local governments across all federating units.

The 18th Amendment liberally devolved powers to the provinces but the same spirit has not been shown by the provinces in devolving political, administrative, and financial responsibility and authority to the local governments, it said.

Fafen noted that despite the constitutional guarantees, persistent legal ambiguities and pervasive provincial controls have not only led to repeated delays in local government elections, but also contributed to premature dissolution of elected councils, and curtailment of local mandates.

“These disruptions have weakened the foundations of grassroots democracy, stunted political organisation, and inhibited political socialisation.”

Fafen emphasised that meaningful reforms must go beyond procedural changes to embed local governance as a stable and autonomous tier of the state.

Fafen has proposed a set of actionable reforms to address chronic challenges in local governance:

(a) Timely local elections and defined tenure: The Constitution should clearly stipulate the tenure of local governments and mandate that elections be held within 60–90 days of expiry or dissolution, similar to general elections. The Constitution should also guarantee that the incumbent local government laws remain in effect and are not subject to being repealed. Pending amendments to local government laws should not become a reason to delay, postpone, or cancel an election. Matters pertaining to elections, including the definitions of peasants, workers, and youth, as well as the qualifications and disqualifications of candidates, the nature of party- or non-party-based elections, and the use of secret ballots in both direct and indirect election modes, should be comprehensively addressed by the Elections Act 2017. These issues should not be subject to provincial legislation.

(b) Standardised powers across provinces: Provinces must devolve essential political, administrative, and fiscal powers, with constitutional minimum standards defining core local functions such as primary education and municipal services.

(c) Guaranteed fiscal autonomy: Local governments should be empowered to collect and utilise local revenues, supported by regular, formula-based transfers through transparent Provincial Finance Commissions.

(d) Transparent district boundary changes: Instead of executive authorities, the provincial assemblies should control boundary alterations of districts through open legislative processes to prevent gerrymandering.

(e) Inclusive coordination and accountability: Provincial-local coordination committees and citizen accountability forums should be established to align development priorities and enhance oversight.

(f) Two-thirds majority for amendments to LG laws: Any change to local government laws should require approval from a two-thirds majority in the provincial assembly to safeguard continuity and prevent partisan manipulation.

Fafen believes that local governments are not a choice, rather a constitutional necessity. “Without embedding constitutional safeguards to strengthen them, local governments will continue to function as extensions of provincial control rather than as autonomous representatives of citizens.”