CHAPTER 3 Administrative Structure and Good Governance

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CHAPTER 3

Administrative Structure and


Good Governance

SLO NO. Discuss the distribution of Power with


reference to 1973 Constitution (Defense,
foreign policy, finance, health, sanitation,
education and tourism)
● The Constitution 1973 before the
introduction of 18​th​ amendment (2010) had
two lists of powers/subjects/areas where
federal and provinces could use their
authority and make laws
(legislation)----The Federal List and the
Concurrent/shared/common List
● The federal government could make laws in
67 areas or departments which could not be
shared with provinces---it had exclusive
authority to make legislation(laws) related
to those subjects/departments.
● Provincial governments were given 47 areas
to make laws, but federal government could
also share those areas or powers by making
laws (legislation) if needed.
● After the 18​th​ amendment the concurrent
list has been removed giving the exclusive
authority to the provinces to make
legislation in those areas—However if the
Federal Government finds that the
Province/s is/ are not using or misusing
these powers if has right to intervene.
After 18​th​ Amendments(2010)
Devolved/Transferred Ministries
The following ministries were devolved at
federal level and were given to the provinces:
1. Ministry of Education became ​Ministry of
Federal Education and Professional Training
2. Ministry of Archaeology and Culture
became ​Ministry of Culture
3. Ministry of environment became ​Ministry
of Climate Change
4. Ministry of health became ​Ministry of
National Health Services, Regulation and
Coordination
5. Ministry of special initiatives abolished at
federal level.
6. Ministry of labour and manpower
became ​Ministry of Overseas Pakistanis &
Human Resource Development
7. Ministry of local government and rural
development abolished at federal level.
8. Ministry of minorities’ affairs merged with
the ​Ministry of Religious Affairs
9. Ministry of population welfare abolished
at federal level.
10. Ministry of social welfare and special
education abolished at federal level.
11. Ministry of sports became Pakistan Sports
Board at federal level and given to
provinces.
12. Ministry of tourism's powers given
to ​Pakistan Tourism Development
Corporation
13. Ministry of women development
abolished at federal level.
14. Ministry of youth affairs abolished at
federal level.
15. Ministry of Zakat and Ushr abolished at
federal level given to provinces.
SLO NO. Explain the concept of local
self-government.
● T​ he empowerment of locally elected
representatives for the small scale welfare
management and effective and quick
administration of local affairs ---sanitation,
collection and removal of solid waste,
maintenance of health units, parks, roads,
bridges, water supply, street lights,
registration of births, deaths and
marriages--- is called Local Self
Government.
● Local self-Government can also be defined
as administration of local areas run by its
elective representatives.
Objectives Of Local Self-Government
● To mobilize the local community for small
scale welfare management.
● To create sense of ownership among the
masses about the administrative affairs.
● To decentralize the authority and
devolution/transfer of powers to the grass
root level.

Functions Of Local Self-Government

● To manage solid
waste/garbage—collection, removal and
disposal
● To maintain sanitation, public parks,
libraries, basic health units, family welfare
clinics, roads and bridges.
● To register births, deaths and marriages
● To manage water supply and drainage
system
● To manage and look after the
slaughterhouse-activities
● To manage firefighting and civil defense
service
Sources of Income of Local Self-Government
● Fee for registration and certificates of birth,
death, marriage and divorce
● Advertisements through Hoarding and
billboard
● Fee for Parking vehicles and slaughtering
animals
● Tolls on roads and bridges and carriages
● Fee for issuance of licenses
● Tax on annual value of building and land
● Tax on transfer of immovable property

Advantages of Local Self – Government


● It serves as nurseries for political training
● It brings efficiency in the administration as
the local representatives are aware of the
local issues and are capable enough to solve
them quickly.
● It reduces the administrative burden and
responsibilities of national and provincial
governments.
● It offers a door-step solution to local issues.
● It activates people particularly the rural
community to take part in small scale
welfare management.
● It develops and polishes the administrative
and political skills of the locals which help
them to be a helping hand in provincial and
national affairs.
● It gives people an active participation in
local affairs.
Disadvantages/Demerits of Local
Self-Government
● Local Government may lead to regional
politics as local representatives get so much
involved in dealing with their local issues
that they do not think about or care for the
national politics and issues.
● Insufficient funds- this problem hinders the
actual purpose of self-government due to
limited financial powers.
● Large landowners and landlords tend to
use money and muscle power to win and
rule corruptly.
● It may use to legitimize the military
governments particularly in the third world
countries
SLO NO. Critique the local government system
introduced by the military rulers Ayub Khan,
Zia-ul-Haq and Pervez Musharraf.
Ayubian Local Body System
● Ayub Khan introduced the local
self-government under Local Bodies
Ordinance 1959 which was renamed as
Basic Democracies.
● His system was divided into 4 Councils
● The Councils were technically called
Administrative Tiers/levels
● The Lowest/smallest council was called
Union Council
● The Tehsil Council was next to Union
Council.
● District /Zila Council was next to Tehsil
Council.
● Divisional Council was next to District/Zila
Council and it was the highest
tier/administrative level of the system.
Functions Of Councils
● Union council had to manage local
administrative affairs----Sanitation, health,
garbage collection, maintenance of public
parks, roads and bridges.
● The UCs also had to manage judicial,
economic and agricultural and industrial
issues related to the locality.
● UC was to make sure communication and
food production development in their
areas.
● The Tehsil Council had to act as a
coordinating body between UCs
(non-official members and Tehsil councils
(official members).
● The District council had to perform vast
financial and executive functions.
● It (District Council) could impose taxes, had
to maintain and look after schools, libraries,
hospitals, public playgrounds.
● Divisional Council would serve as an
Institution to establish coordination among
district council
● All the councils (particularly the UCs were
called the basic democracies and had to
serve as an electoral college to elect the
members of provincial and national
assemblies and the President himself.
● Under Basic Democracy, the country was
divided into 80,000 wards (single member
constituencies of 1,000 to 1,200 people
each) to elect a "Basic Democrat" on a
non-party basis.
Criticism:

To Control Over Federal Units


● In creating these local bodies, Ayub's intent
was not to decentralize or democratize
authority but to extend​ ​centralized control
over the federal units through a new grass
roots political base.

To manipulate Local Power Structure

● The scheme was remarkably well


orchestrated/designed for extending direct
patronage to, and manipulation of local
power structures.
To Isolate the National Political Parties
● Controlling access to the state's resources,
the district bureaucracy was able to
penetrate and manipulate local politics by
dealing directly with the new elite,
bypassing politicians and political parties
and thus isolating them from the general
electorate.
● In this System, governance was
depoliticized and localized under the
control of centrally appointed bureaucrats.

Zia’s Local Body System


● Zia introduced his local body system under
local body Ordinance based on provincial
Local body ordinances in 1979.

● Zia established three tiers of local


government in rural areas: Union Councils
(consisting of villages), Tehsil (sub-district)
committees and Zila (district) Councils. ---in
some rural areas tehsils were not
functioning.

● In urban areas, Town Committees were


established for towns with populations
between 5,000 and 30,000
● Municipal Committees for towns with a
population up to 250,000
● Municipal/Metropolitan Corporations

Functions of Councils
● Like the BD scheme, Zia's local councils
were not entrusted with general
administration, law and order or policing,
which were retained by civil bureaucrats
(commissioners and deputy commissioners)
who also served as ex officio, nonvoting,
members of these councils.
● Unlike the BD system, Zia's local
government officials did not form an
electoral college for provincial or national
assemblies or the presidency

● Elections to union councils/town


committees were held in 1979, 1983, and
1987 on a non-party basis.
● 80 per cent of members elected by
universal adult suffrage and 20 per cent
reserved for peasants, workers, tenants,
and women.

● Councilors served as the electoral college


for choosing the heads (chairmen and vice
chairmen) of zila and tehsil councils

Functions of Councils
● The main responsibility of the local councils
was to manage small-scale public welfare
and development activities (water supply,
sanitation, maintenance and management
of hospitals and schools) in their
jurisdictions.
● The list of council functions was extensive,
but the revenue base was limited despite
the delegation of some taxation powers by
provincial governments.
Criticism:
● The primary motivations for Zia to
● create local bodies was to legitimize the
military government
● broaden its(military) support base beyond
the military
● use the newly created and pliable (easily be
influenced) local elite to undermine
its(military) political opponents.
● The new local elites formed the core of Zia's
rubber stamp parliament, elected in
non-party national elections in 1985.

Musharraf ’s Local Body System


● Out of a-Seven Point Democratic Reform
Agenda of Musharraf one of them was
devolving/transferring power to the grass
roots level which was implemented as
Devolution of Power Plan in 2001.
● The task to design local self-government
(Devolution of Power) was given to an
institution known as National
Reconstruction Bureau (NRB).

● Musharraf himself explained the prime


objective of his local self-government
system as to place in the hands of the
people the power to shape their own
destiny.

● His system was divided into THREE


administrative Tiers and there was no rural
and urban divide which was presented in
Zia’s system of local bodies in 1979.

● The smallest Tier was called Union Council,


the middle Tier was Tehsil/Town Council,
the highest Tier was called District/Zila
Council.

● Members of the Union Council (comprising


26 members) were to be elected directly by
adult franchise and would also act as the
electoral college for reserved seats.

● The seats on the Union Council were


allocated as follows: sixteen general seats,
eight seats for peasants/workers, and two
for minority communities. Half the seats in
each of the three categories were reserved
for women.

● local elections would be non-partisan


(non-party base) to discourage petty
political rivalries at district level
● The tehsil (sub-district) government was to
have overall responsibility for basic
municipal services.
Unique Features:
● The District Police Officer (DPO) was
answerable to the City Myer/nazim
● The post of Deputy commissioners and
assistant commissioners were replaced with
District Nazim and Naib nazim.
● In District Council Executive District Officer
was to head each Government department
and answerable to District Nazim .
● The Town Police Officer (TMO) was
answerable to Town Nazim
● Voting age criteria was 18 and Candidates
had to be 25 of age.
● Citizens Community Boards—to actively
involve and energize the community for
development and improvement in service
delivery---helping the poor, handicapped,
widows etc.

● In general seats women had 50%


representation and in women Reserved
Seats their share was fixed as 33% in all
councils.

Functions
● The main function of the Union Councils
was to undertake local development
projects and monitor "citizens' rights,
security and services.it had to collect and
maintain statistical information for
socio-economic surveys, register births and
deaths, marriages, establish and maintain
libraries, regulate grazing areas, sanitation,
parks.
● Tehsil Councils could approve taxes, by-laws
and short-term development plans,
maintain municipal record and archives,
● District governments/Councils provided
significant financial resources through
federal and provincial grants and tax
powers.

Criticism:
● Keen to end its isolation, the military
government's strategies included the
ostensible devolution of power to civilians
at the local level even as it maintained
control of the real levers of state power,
those at provincial and national levels. Local
governments were intended to establish
the military's democratic credentials and
confirm its intent eventually to restore
civilian rule.
● Another key motivation was to create new
elites to undermine an marginalize/sideline
political adversary.
● His (Musharraf’s) political opponents
regarded his Devolution plan as a shelter​ ​to
extend military control over the provinces.

SLO NO. Analyze the merits and demerits


of the system of local bodies in different
political eras of Pakistan.

Conclusion:

Demerits
All Pakistan’s military rulers wanted to
legitimize their Rule through local self-
government.
● In all forms of Local self -government the
distrust of military rulers towards the
party-politics/involvement of national
political parties was visible and they tried to
sideline or marginalize their role by holding
elections for their system on non-party
basis.

Merits
● Despite their weaknesses the local
self-governments in Pakistan did:
● activate locals in community service,
● small-scale welfare management
● polish their administrative skills in local
management
● train them for provincial and national
political life and participation.
● offer a door-step solution to the locals by
their own representatives.
SLO NO. Discuss the characteristics of Islamic
state established by the Holy Prophet (Peace
Be Upon Him) and Hazrat Umar (May Allah Be
pleased with Him)

State of Medina Under Hazrat Muhammad


(Peace Be Upon Him)

● The Holy Prophet (Peace be Upon Him)


established the first Islamic state in Medina
after migration to Medina in 622 AD.
● The foundation of the Islamic State was
based on an agreement among Muslims,
Jews, and Pagans(polytheists) known as
Constitution/Charter of Medina or Umma
Document.
● The Charter of Medina had 47 points or
articles.
● The first 23 articles were related to the
Muslim Community and the second 24
articles were related to Jews and
Pagans---the non-Muslim community.
● There were two main objectives of
implementation of Charter of Medina----to
end the ongoing tribal conflict and hostility
in which Jews and pagans were involved
and to determine the rights and
responsibilities of about 10000 citizens of a
multi-religious state—Medina

Features/Characteristics of
State of Medina
● Sovereignty would rest with Allah the
Almighty who is the master of entire universe.
● The Muhammad (peace be Upon Him) would serve as
the final authority in all administrative and executive
matters.
● Quran and the actions/practices of Hazrat Muhammad
(peace be Upon Him) would serve as sources of law in
the State.

● The rights of religious minorities (Jews and Pagans)
would be protected and ensured.

● The State of Medina would enjoy the status of Haram


(sacred/place) where no blood of peoples—including
the parties who signed the Charter would be spilled.

● The Citizens (Muslims and non-Muslims) would have


freedom of religious beliefs and practices.

● Social, political and economic securities would be


ensured.

● Securing the borders of the city/State would a common


responsibility shared by all citizens of the city.

● Such environment would be established and


encouraged in which the values of equality, mutual care
and peaceful coexistence would exist and flourish.
● Collection of Zakat and Usher (land Tax) would be
ensured form Muslim citizens.

● Good governance which could ensure the maximum


level of welfare and security of the citizens and state.

● The Non-Muslim citizens would be declared as


Zimmies—whose life, property and honor would be
ensured by the State and in turn an annual tax known as
JIZYA would be collected from them.

● Rights of women and slaves would be protected.

● Highest level of rule of law would be maintained and


body equality before the law would be ensured.

● Ban on use of alcohol and interest-taking practice would


strictly be prohibited.

● Justice without discrimination would be ensured.

● Representatives of all parties, Muslim or non-Muslim,


should be present when consultation occurs or in cases
of negotiation with foreign states.
Features/Characteristics of
State of Medina Under Hazrat
​ ith
Umar (​May Allah Be pleased​ w
Him)
● Most of the features of Sate of Medina were similar than
those of Hazrat Muhammad (Peace Be Upon Him).
● There were some Administrative and economic reforms
which were introduced by Hazrat Umer(May Allah Be
Pleased with Him)

Administrative and Economic Reforms


● Division of State of Medina into Provinces (first into 8 then
to 12 provinces)
● Appointment of Governor as an administrative head of
each province.
● Provinces would further be divided into 100 districts and
head of each District would be called Wali
● Katib(Chief Secretary) were appointed for effective
administration in each province
● Strict check and balance on Government officials through
their Accountibility
● Establishment of Bayt al-mâl or public treasury and the
head of this institution was called Sahib-bait-ul Mal
(Treasury Officer)

● Sahi-bul Kharaj(Revenue collectors) were appointed to


collect the taxes
● Organization of the Police Department and the head/chief
would be called Sahib-ul Ahdath
● He established number of government
offices/departments would be called DEWAN
● He established Census System--- made sure the number of
people living in Islamic state.
● He established Shura(Council of Advisors)—divided into
Higher Advisory(part of all important decision making
process) and General Advisory Council (part of general
decision making process)
● Establishment of Bayt al-mâl or public treasury

Establishment of courts of justice and appointment of
judges
● The determination of the Hijra calendar which continues
to this day

● Assumption of the title of Amîr al-Mu’minîn


● Organization of the War Department
● Putting army reserves on the payroll
● introduction of organized Postal System
● Establishment of the Land Revenue Department
● Building of Canals
● Founding of the cities of Kufa, Basra, al-Jazira, Fustat, and
Musal
● Survey and assessment of lands

Sources of Income of the STATE


The Major sources of Income were the TAXES
● Zakat—taken from the rich and wealthy Muslims
● Ushr---Special annual land tax collected from the Muslims
on their annual agricultural produce (10%)
● Sadaqat—money given voluntarily in the way of Allah to
seek HIS pleasure.
● Ghanima—War booty--- Income from the conquered
places in the war
● Jizya—(Defense Tax ) tax on non-Muslims living in the
limits of Islamic State
● Ushoor—a land tax/property tax on Muslims (5 %) and
Non-Muslims (10 %)



SLO NO. Analyze the last sermon of the Holy
Prophet as the most comprehensive charter of
Human Rights.
SLO NO.Discuss
SLO NO.
SLO NO.
SLO NO.
SLO NO.
SLO NO.
SLO NO.
SLO NO.
SLO NO.
SLO NO.
SLO NO.
SLO NO.

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