LG verdict

In a verdict that delivers a firm blow to the Punjab government and a rebuke to the federal government, a bench of the Supreme Court, hearing several joint petitions has ruled that local governments in Punjab should be restored as they stood before they were dissolved in 2018. It has also ruled that Article 3 of the Local Government Act of 2019 violated the constitution of Pakistan and that the representatives elected to serve in local governments till 2021, when their term ended, must be permitted to do so. The dissolution of the local governments had prevented this term from being completed.

The local bodies elected at that time had been dominated by PML-N-supported persons, and the restoration of the bodies will bring about some change in political activity at the grassroots level. The presence of local governments does help people resolve the many problems they face. But there is suspicion amongst analysts that a key reason for the decision in 2018 to do away with them and to put in place a new Local Bodies Act was intended to end the presence of an opposition party in Punjab at the lower tiers of government, from where they could have influence over people in any election that followed. The attorney general in Punjab had argued that the Punjab government was preparing for new elections at the grassroots level but that the matter was also to be decided by the Council of Common Interests, since it involves the provinces and not just the federal government. However, the Supreme Court noted that denying elected representatives their period in power was unconstitutional and violated the purpose of holding elections. It is to give a more detailed ruling on the matter at a later point, explaining its understanding of Article 3 of the 2019 Act.

The return of local government will have major implications for the government in Punjab. The performance of Chief Minister Usman Bazar is already under criticism, and he could come under greater pressure with the presence of hostile local bodies. It is also illustrative that the Supreme Court is unwilling to tolerate changes in the constitution imposed by the federal government on its own whims. The fact is that most provincial governments have been reluctant to hold LG polls and devolve powers to the local level. Be it the PML-N, PPP, or PTI, all have a dubious distinction of procrastinating LG polls or trying to render them powerless while trying to maintain most powers at the provincial level. This verdict of the Supreme Court is timely and will set a clear precedent for other provincial governments too. It is a constitutional and democratic right of the people to have a well-functioning local government system. In the absence of such mechanisms, the people suffer for the most basic of services they need at the local level. It also has a bearing on the bureaucratic structure which tries to deprive the elected representatives of their say in local matters while the bureaucracy has a field day. All this needs to alter now for good.