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Journal of Positive School Psychology http://journalppw.

com
2023, Vol. 7, No. 2, 994-1009

The Enigma Of Local Government System In Pakistan: A


Critical Analysis Of Punjab Local Government Ordinance
2021(PLGO-2021)

Dr. Muhammad Waris Awan1 , Dr Farzana Zaheer Syed2 , Dr Asia Saif Alvi3 ,
Humaira Jabeen4 , A.D Hassan Sajanka5

1
Assistant professor Department of Pakistan Studies GC University Faisalabad
2
Assistant Professor Political Science Higher Education Department
3
Incharge Chairperson Department of Political Science and IR University of Sargodha
4
Lecturer in History Govt APWA Graduate College For Women Lahore
5
Visiting Lecturer Department of Pakistan Studies GC University Faisalabad zoni.shani@gmail.com

ABSTRACT
Local government got recognition as the most significant government tier of service
deliverance, fiscal development, and democratic control. Local governments bring government
to the doorsteps of the citizens and facilitate local preferences into policy. Local governments
are the backbone of a federation where the basic necessities of the local commune meet by the
local authorities. It also minimizes the responsibilities of the federal government and its
federating units. Pakistan has experienced a troubled local government system since its
foundation. After the 18th Amendment in 2010 in the 1973 constitution under the article 140-
A, now the provinces are responsible for political, administrative and fiscal affairs of the local
governments. Punjab has experienced the PLGA-2013with different flaws. Pakistan Tehreek i
Insaf government took an initiative and implemented a new local system in Punjab under PLGO
2021after the final approval of Governor Muhammad Sarwar on December 13, 2021. The new
local government system is considering an improved local system that would empower citizens
in the actual sense and comprehension of premier Imran Khan’s pledge to delegate power to
the local level. The new ordinance has suggested manifold changes. It’s time now also to free
up resources from the provinces; to announce election schedules; and to phase out the
bureaucracy’s fossilized Brahmins from the municipal level. The study has made a critical
analysis of the newly implemented PTI government ordinance introduced in Punjab and
investigated how it will carry out the local commune basic necessities after effusive
implementation. It is found out that the new system has not yet announced the timetable for the
Punjab local government elections. Local governments require turning into endogenous to
brace the democracy. The public elimination by the authoritarians and the current government’s
prompt deferral of the local governments in four provinces, protecting in the name of
amendments exacerbate and make worse to the already tormented democracy.

Keywords: Federation, Local government, Citizenship, Punjab, PLGO-2021, PLGA-2013

Prologue:
----Jim Gray
“In city hall and in local government, you Pakistan is facing frequent constitutional
have to get things done without drama.” reengineering of different policies
originated for the centralization and the
995 Journal of Positive School Psychology

decentralization of power exercised by the new theories to function Local


representative and non-representative governments. 4
groups started with Ayub Khan’s basic
democracies (BD system) camouflaged in This level of democracy is constantly a
salvage constancy and enduring till today in challenge, wiping out the true concentrate
different tardy strategies. The true of democracy. Even after decades LGs are
democracy lies in the decentralization and still facing the similar fate. In March 2021,
delegation of power and efficient execution Supreme Court ordered to reinstate the
of the local governments. The article 140- local governments but the authorities have
A, in the 1973 constitution Act as the delayed the re-establishment procedure till
scaffold and base for the local governments October 2021, when the Court had ordered
to be practical, but the implementation and an inquiry into the holdup and commented
the impediments in elections are that whoever is liable for the impediment
challenging.1 There is a sheer requirement would be apprehend liable and ordered to
to forfeit concentration to Article 140-A restore the LGs without delay.5
which says“Each Province shall, by
legislation, create a local government The Lahore High Court dismissed the
system and transfer political, request that the term should be of five years
administrative, and financial responsibility as pledged earlier than general elections.
and power to the elected representatives of Furthermore, the Supreme Court also
the local governments.” 2Pakistan has ordered to confer control to LGs in March
introduced quite a lot of local government 2021 except that was postponed till October
Acts with later amendments.3 Instead of 2021 and yet at present union councils have
embryonic and perking up the reputable not been capable to get fiscal powers. The
Acts after having a discussion with the Supreme Court is on trial for a new appeal
stakeholders, the preface of entire about the setback in execution of the order
innovative bills and amendments demean beneath the disdain appeal, except it has not
the guts and the sovereignty of local extensively affected their phase in office. In
governments. the existing circumstances, the officially
For illustration the past local bodies permitted difficulty to finish the local
arrangements, Punjab Local Government governments on 31st December 2021 was
Act (PLGA-2013), was eradicated after the detached by the LHC. In all obscurity, local
governor marked the Punjab Local bodies’ existing term ended on December
Government Bill -2019 on May4, 2019 31, 2021though; the government has still
,the PLGA-2019 was also ambiguous with not proclaimed the timetable for the local
government elections in Punjab.

1 4
Khan, Abdul Qayum. "Local Ali, Muhammad. "Decentralized
Government and Judiciary in Pakistan Governance Initiatives in Pakistan:
after 2010." Pakistan Perspective 22, Post 18th Amendment
no. 1 (2017) Perspective." Pakistan Perspective 20,
2
no. 2 (2015).
https://na.gov.pk/uploads/documents/13335 5
Ali, Muhammad. "Decentralized Governance
23681_951.pdf Initiatives in Pakistan: Post 18th Amendment
3 Perspective." Pakistan Perspective 20, no. 2 (2015).
Kakar, Asmat. "Local government
and Pakistan’s reluctant political
elite." South Asia@ LSE (2017).
Dr. Muhammad Waris Awan 996

The Punjab government’s reluctance to 2. What new features announced in


implement PLGA 2021 devoid of talk of new local government ordinance
stakeholders was repressive. The given (PLGO-2021) in Punjab?
presentation to the Punjab cabinet was not 3. What potential outcomes
comprehensive and the Punjab Governor anticipated from the new local
Chaudhry Sarwar signed the Punjab Local government ordinance (PLGO-
Government Act 2021.6The LG elections 2021) for better services delivery
would be held through the conflicted to the citizens in Punjab?
Electronic Voting Machines (EVMS). The 4. What are the implementation
practice of the new ordinance in the challenges expected after the
presence of a democratic representative execution of the new local
Assembly is not democratic. The judiciary government ordnance 2021in
insisted on the local bodies’ proper Punjab?
restoration, whereas the serving
government opposed transferring the
powers fully and was waiting for the time Methodology:
period to end by 31 December 2021.7
This research study is based on review of
Research Objectives: the literature on local government using
different case study methods. To explore
1. Emphasis on the significance of the and scrutinize the new-fangled local
Local government presence in a government ordinance (PLGO-2021) the
democratic federal state. published reports related to the topic were
2. Examine the features of new local conferred. The information collected from
government ordinance (PLGO- officials of linked departments. The
2021). literature review focused on the exploratory
3. Scrutinize the potential projected method for historical context of Local
outcomes of the new local government performance in Pakistan,
government ordinance (PLGO- preliminary with the pre-colonial era. The
2021). qualitative approach used to find the
4. To assess the expected challenges answer of the research questions and the
after the execution of the new local literature survey selected from well reputed
government ordinance (PLGO- journal articles, books, and newspapers.
2021).
Local Government System in Pakistan:
Research Questions: A Case of Punjab
Local government got the recognition of a
1. Why the presence of the Local significant tier of government for services
government in a democratic federal delivery, financial development, and self-
state is mandatory? governing power. Local governments offer
services at their doorstep and support them

6 Gulbaz Ali Khan ; On the Punjab local 7 Gulbaz Ali Khan ; On the Punjab local government
government ordinance, February ,6,2022;The ordinance, February ,6,2022;The NEWS;
https://www.thenews.com.pk/tns/detail/930796-on-the-
NEWS;
punjab-local-government-ordinance
https://www.thenews.com.pk/tns/detail/930796
-on-the-punjab-local-government-ordinance
997 Journal of Positive School Psychology

in policy making process.8 The Local despite all arrangements .To offer
government was introduced in municipal services to urban locals many
Subcontinent for many centuries in the types of councils were established in those
structure of “Panchayats” which means areas. The rural councils were established
“Council of Five”. The “Punch” is a with limited representation.13
Sunskriti word that also borrowed from After 1947 independence, there was little
Greek word “Pente”. 9These institutions focus paid on local governments. The
represented the feudal lord aristocracy, limited local governments introduced by
which governed by authority with no mass the central authorities by not holding local
involvement. The Mughal emperors were government elections.14A weak local
basically urban people and remained government system imposed in the country.
concerned with urban management. General Ayub introduced a decentralized
Mughals set up the “Kotwal” selected system and made an experiment with local
under the “Sanad” of the ruler.10 These governments. General Ayub introduced
“Kotwalwas” were of high rank. They were British colonialists’ rejuvenated local
responsible for security and peace .For governments. Under the new system Basic
these duties they were given horses for Democracies Ordinance, (1959) and the
“Gusht” (mobility).He was liable of all Municipal Administration Ordinance 1960
urban life came under his charge. Kotwals were implemented. The Union councils
also appoint “Mir Muhallah” for all wards; General Ayub took the charge of the Chief
they were also responsible for keeping Martial Law Administrator and president of
records of roads, houses slaughter-houses, Pakistan on October 27, 1958 and
and cleanliness.11 discharged Iskander Mirza from his
The British government established local presidential office.15. He introduced a four-
governments in colonial India1 not by stage local bodies arrangement consisted of
structuring on the conventional structures 80,000 elected basic democrats that further
of local governance like village Panchayat established an Electoral College and
in Punjab in 1849.12The key purpose of the elected the president and Central and
scheme was to choosing the locals ‘elite by Provincial Legislatures members. On
making delegated local governments. The January 1960 the first elections were held
local authorities were not empowered in the country and 40,000 basic democrats

8 Amdad Ullah Baloch. "Improving coastal and


Sarwat, Tasneem, and Muhammad Sohaib.
"History Of Local Government From marine resources management through a co-
Subcontinent To Musharraf Era." Elementary management approach: A case study of
Education Online 19, no. 3 (2020): 4000-4011. Pakistan." Environmental Research
9
Cf. P. Saran, Provincial Government of the Communications (2022).
13
Mughals (Allahabd, 1941), pp. 231-233, as Ahmed, Mughees. "Local-bodies or local
quoted by Hugh Tinker, The Foundations of biradari system: An analysis of the role of
Local Government in India, Pakistan and biradaries in the local bodies system of the
Burma, p.17 Punjab." Pakistan Journal of History and
10
Munir, B. "The Mughal Administration of Culture 30, no. 1 (2009): 81-92.
14
Justice: An Appraisal." Global Security and Ibid
15
Strategic (2020). Ullah, Altaf, and Syed Umar Hayat.
11 "CONSTITUTIONAL DEVELOPMENT
Hakeem, Farrukh B., M. R. Haberfeld, and
Arvind Verma. "Police and the Administration UNDER THE AYUB KHAN REGIME: A
of Justice in Medieval India." In Policing CRITIQUE OF THE CONSTITUTION
Muslim Communities, pp. 59-74. Springer, COMMISSION." Pakistan Historical Society.
New York, NY, 2012. Journal of the Pakistan Historical Society 66,
12
Ullah, Zafar, Wu Wen, Xiao Hua Wang, no. 3/4 (2018): 189-207.
Rashid Pervez, Aziz Ahmed Barech, and
Dr. Muhammad Waris Awan 998

were elected in each province (East &West Tehsil and town administration .The town
part). The basic democratic system in administration further consisted of village
Punjab consisted of city district, district, and neighborhood councils.16

Fig 1: PUNJAB LOCAL GOVERNMENT ACT 1959

Source:https://www.google.com/imgres?

The General Zia-ul-Haq had introduced a Rural System


new local government system “The Local The union council was the lowest level in
Bodies System 1979”. Divergent to Ayub’s rural areas. These union councilors through
“Basic Democracies system”, the LBS- an indirect system shaped Zila Council.
1979 was classified into two tiers; The chairman was the head of the council
● Rural Set-up where as Mayor was head in rural and
● Urban Set-up urban areas in that order. Divergent to the
“Basic Democracies System 1959”, the
The two level at rural areas and three to four Tehsil Council and Divisional Council
levels in urban areas about the size were missing in Zia’s local government
of the town/city. 17 model of governance.18
Urban System
The LB System for urban areas comprised
of four layers, i.e.:
● Town Committee (for small towns)
● Municipal Committee (for large
towns)
● Municipal Corporation (for small
towns),
● Metropolitan Corporation (for
large towns)

16 17
Sarwat, Tasneem, and Muhammad Sohaib. Taj, Aamer, and Keith Baker. "Multi-level
"HISTORY OF LOCAL GOVERNMENT governance and local government reform in
FROM SUBCONTINENT TO MUSHARRAF Pakistan." Progress in Development
ERA." PalArch's Journal of Archaeology of Studies 18, no. 4 (2018): 267-281.
Egypt/Egyptology 18, no. 10 (2021): 2404- 18
Wilcox, Wayne. "Pakistan: a decade of
2414. Ayub." Asian Survey 9, no. 2 (1969): 87-93.
999 Journal of Positive School Psychology

This Local bodies system had augmented General Musharraf had introduced
procedures for local empowerment. “Devolution of Power” Plan in January
Distinct from the BD System of Ayub 2000 and employed a string of LG elections
Khan, where no selected or unsanctioned that completed in August 2001. 21
members in councils. Public officials The devolved administration and expenses
headed the councils and exercised tasks allocated to local governments, the
significant autonomy. They were powerful devolution concerned, to contradictory
in making and approving decisions degrees, change in the organizational level
regarding their budgets and taxation.19 The of assessment, the liability of the decision
LB Government Systems-1979 had making power and the fiscal resources
provided little representation for women, amount .It also decentralized procedure that
peasant, minorities and workers. The LB was not standardized across all practices,
system had some drawbacks as although it with major diversity in its administration
had provided an amplified gauge of and services delivery.
empowerment; but the councils were not Under the reforms, at the district level
self-governing adequately. 20The provincial Nazim (Mayor) were elected same as at
government had a pressure on the district level the District Coordination
councilors by its power of distribution of Officer (DCO) was authorized to directly
funds for councils. Elected local councils report to elected head of the local
were not allocated constitutional safeguard government. It has Reduced Bureaucratic
as they were on presidential ordinance. Power and curbed bureaucratic power
This absence of constitutional fortification through eradicating the office of the DC.
22
put local governments at risk of the It has introduced change in local electoral
bureaucracy and provincial government processes as former urban local council
that might dismiss local government heads. members and district councils elected by a
The system offered non-Party-based local direct method and afterward they elected
bodies elections. The bar on political the councils heads. Another significant
parties had increased the position of the change in electoral system was a raise in
rural leaders who subjugated the rural reservation for women and peasants’ with
politics. The system privilege urban one-third seats reserved for them. It had
councils and they had enjoyed major share introduced a troubled amalgamation
in revenue than the rural councils. The rural between Provincial, Federal and District
and semi-urban councils depend on level designated governments.
regional governments for fiscal support.

19 SYSTEM (A QUALITATIVE STUDY AND


Ibid
20
Soomro, Ali Nawaz, and Amir Ali Chandio. PERSPECTIVE OF PAKISTAN LOCAL
"Challenges to Good Governance: A Case GOVERNMENT SETUP UNDER
Study of Issues in Local Government System DIFFERENT REGIMES)." International
of Pakistan." Journal of African & Asian Local Journal of Management (IJM) 10, no. 2
Government Studies 2, no. 4 (2013). (2019).
22
21
Zaidi, Syed Shahid Zaheer. "PROBLEM & Ibid
ISSUES OF LOCAL GOVERNMENT
Dr. Muhammad Waris Awan 1000

Source: The SBNP District Government (Model) Rules of Business, 2001.

The lowest level transfer of power provincial government had assured to


improved service deliverance and liable empower the local bodies through power
governance. After the 18th amendment in delegation and financial assistance.24 The
2010, the local government transferred to promise was fulfilled by the Punjab
the provinces.23 For the fulfillment of this government after passing PLGA- 2019 on
constitutional responsibility, the Punjab May 4th, 2019 by the Punjab assembly. It
provincial assembly passed the Punjab has introduced “village Panchayat and
Local Government Act (PLGA) in 2013that neighborhood councils”, to offer
was much identical to the Local empowerment to locals. It re-established
Government Ordinance 1979. Similar to Tehsil Councils after the removal of the
the 1979 ordinance, the PLGA-2013 also District Council. The recently elected local
stands on the urban-rural split, with a two bodies’ representatives were assessed to the
level rural arrangement as union and PLGA-2013.25
district council whereas urban municipal
organization, like “urban union councils, The PLG-2019 remained non functional
municipal committees, municipal and accomplished its term on December 30,
corporations, and metropolitan 2021.26The government was somehow
corporations”. seems unwilling to conduct new elections
.The government established new local
In 2016, Punjab local government elections governments under the LGA-2013 and
were held across the province and local suspended them in May 2019 however the
governments were established. The representatives approached the Supreme

23
Syed, Farzana Zaheer, Sultan Mubariz, and Syed Miquel. "State capacity in Punjab’s local
governments." (2019).
Nadeem Juman Shah. "Provincial Demands for Self- 25
rule and Shared-rule under the 18th Amendment in Nazeer, Amjad. "PUNJAB LOCAL
Pakistan: An Assessment." Journal of Politics and GOVERNMENT ACT 2013."
International Studies 6, no. 1. 26
24
Bryan, Gharad, Ali Cheema, Ameera Jamal,
Adnan Khan, Asad Liaqat, and Gerard Padro i
1001 Journal of Positive School Psychology

Court repeal against this illegal act and and granting unnecessary powers to the
illegal .The Ministry of local government Punjab government to put back local
re-constituted the LGs system before the 30 mayors and chairmen were intended to
months tenure left to complete its tenure. seize the knob of power. 29
The government introduced PLGA-2019
and new local government administrators Local Governments tenure was fixed four
were employed.27Following an inclusive years and respective provincial government
verdict of the court in July 2021, the Punjab were allowed to occasionally inspect LG
government revived the local bodies revenue and operating expense .The
underneath Act-2013 in October 2021. Metropolitan Corporation and Municipal
Corporation would thrive the rights,
The Punjab government also notified the liability and assets of a City District
expired status of the local government on Government, Town and Tehsils were set up
December 31, 2021and new administrators under the LG Ordinance-2001 and Union
appointed till the new LG elections in Councils would succeed the liabilities of
Punjab. Government has issued new Union Administration. The District and
ordinance PLGO-2021, and restructured Tehsil Nazims and Naib Nazims titles
the system for new elections of upcoming would stand outdated and be reinstated as
elections at Union, Tehsil and District level the Mayor and Deputy Mayor whereas
for enhanced service deliverance. the Union Naizims and Naib Nazims as
Chairmen and Vice-chairmen.30
The Punjab government had introduced
PLG-2013 in August 2013. However, it is 1. LG Structure under PLGA-2013
the PLGA 2013. The PLGA-2013 was
accepted without any consent of the The preamble of PLGA-2013 described
opposition parties, somewhat rejecting that the rationale of constituting local
almost all the suggestions of the government was to set up an elected local
opposition.28 We can say that the government structure to delegate political,
democratic values were totally rejected by managerial and fiscal liabilities and
the government during the entire process of authorities to the elected members of the
Bill drafting and approval. The Punjab local governments. For these arrangements
government approved the bill and no the philosophy behind this Act 2013 was to
consensus was built in the whole process. uphold good governance, valuable
So it can be imagined that the practice of deliverance of services and sound decision
such a system would have some challenges making by encouraging institutionalized
while implement. Few provisions like contribution of the citizens at local level
conducting elections on non-party basis, and to deal with auxiliary matter.31The new
health and education under district PLGA-2013 was partially decentralized as
authorities went under provincial control compare to PLGA-2001 which was fully

27 30
Jabeen, Musarrat. "The local government Akbar, Noor. "Commonwealth Local
system of Pakistan: Participation, Government Forum’s support of Local
representation and empowerment of Councils Associations in
women." Pakistan Perspectives 24, no. 1 Pakistan." Commonwealth Journal of Local
(2019). Governance (2018): ID-6727.
28 31
Akbar, Noor. "Commonwealth Local Government Akbar, Noor. "Commonwealth Local Government
Forum’s support of Local Councils Associations in Forum’s support of Local Councils Associations in
Pakistan." Commonwealth Journal of Local Pakistan." Commonwealth Journal of Local
Governance (2018): ID-6727. Governance (2018): ID-6727.
29
Nazeer, Amjad. "PUNJAB LOCAL
GOVERNMENT ACT 2013."
Dr. Muhammad Waris Awan 1002

decentralized. 32The LG bodies were system was also governed and looked after
comprised of three tiers; by the provincial ministers.36

● District Councils(Chairman ,vice Punjab Local Government Act


chairman & chief officer) 2019(PLGA-2019)
● Municipal Councils Pakistan Tehreek-e-Insaf (PTI)
(administrators) government has much focused on Local
● Union Councils (union council governance during their political
secretary) campaigns and so, after winning 2018
General election; PTI much focused on
A Critical Assessment of PLGA-2013 introducing new-fangled reforms plan in
The PLGA-2013 had many reservations Punjab local government skeleton .The
and policy gaps that were highly criticized party election program point out that local
by the experts. growth in villages and towns was inclined
No Political will by the members of provincial government
It has been discussed above; that the Bill and National Assembly or by civil
of PLGA-2013 passed without any bureaucracy. So the bill for new reforms
consensus of all opposition parties. The was presented in the Punjab assembly and
government wanted to conduct elections it passed on 30th April with an aim to
on non party basis while the opposition empower citizens at local level by
demanded it on party basis. The transferring additional responsibilities to
opposition political parties boycotted the the local government. The new PLGA-
session and recorded a protest but the 2019 was different from former Acts
PLGA 2013 Bill passed .The treasury introduced in Punjab;
benches also sent thirteen proposals
against some reservations but all were Direct Elections Method
neglected by the ruling party. A direct election method was proposed to
be adopted in Punjab at local level. The
Highly centralized: direct elections of mayors were highly
The PLGA-2013 was publicized upon the appreciated by the stakeholders. It was
pattern of 1979 Local Bodies Ordinance visualized that the decentralization of
that was an extremely centralized structure power to the local tier would perk up
of local government that was unable to service delivery performance of the local
turn into a decentralized system.33 The governments.
local representatives were not empowered
financially and administratively because Accountability Mechanisms in PLGA
the powers were in the hands of provincial 2019
authorities. Few major parties knocked the The government had established an
court and claimed that the new PLGA has inspectorate, which was similar to the
violated Articles 62 and 63.34The chief Directorate introduced in the PLGA-2013.
minister of Punjab could remove any local In PLGA 2019 three devices for
bodies’ representative any time by using accountability at local government were
his powers.35 The health and education

32 Act 2013: A Critical


Analysis." Dialogue
Nazeer, Amjad. "PUNJAB LOCAL
GOVERNMENT ACT 2013." (Pakistan) 15, no. 3 (2020).
33 35
Ibid Nazeer, Amjad. "PUNJAB LOCAL
34
Hussain, Muhammad Sajjad, Muhammad Asif, and GOVERNMENT ACT 2013."
36
Sarfraz Hussain Ansari. "The Punjab Local Government Ibid
1003 Journal of Positive School Psychology

introduced for inspection, scrutinizing and disposal and stayed reliant on regional
assessment.37 It would be the government and civil administration.
responsibility of the Mayor to monitor and
review all the records and prepare reports Rural-urban Dissection
of the inspections and sent to the The new system introduced rural-urban
provincial assembly. The innovative segregation, to some extent like the local
provision offered the right to any citizen to government structure set up by General
confront any decision, documentation, Musharraf in 2001. The “Punjab Village
contract, and decision of local Panchayat and Neighborhood Councils
governments on the forum of the Act 2019”, for example envisaged
provincial assembly. The procedure would panchayat for rural vicinity and councils
complete under the officer having judicial for urban areas .The panchayat and
powers under the “Code of Civil councils would carried out such public
Procedures 1908”. role for handling cleanliness, water
supply, populace welfare, public
City Administration Model wellbeing, sewage dumping and waste
It planned to introduce a “city government managing.
model”, where the directly elected Mayor
will be responsible to deliver on all Tehsil Councils
interrelated urban city matters”. This is The PLGA -2019 also offered a Tehsil
what the PTI has done with the passage of council for the entire inhabitants of every
the Punjab Local Government Act 2019 Tehsil in the province but it visualized
and the Punjab Village Panchayat and “Metropolitan corporations, municipal
Neighborhood Councils Act corporations, municipal committees and
2019.Undoubtedly, the local government town committees” particularly for urban
system being introduced by the PTI was areas .The PTI argued that districts are
better than the one employed by the larger equally in size and populace to be
Pakistan Muslim League-Nawaz via the governed efficiently during district
Punjab Local Government Act 2013. The governments.38
PML-N version permitted direct party-
based elections for councilors but those Gaps Evaluation in PLGA-2019
who came to grasp higher-level posts in The PLGA-2019 has the flaw that it
local governments were elected not allowed the provincial government to keep
directly. The government amended the extensive regulatory power. For example,
law for the appointment of technocrats it allows local governments to work under
who might then become mayors that instructions of the provincial power.
destabilized the local government These authorities entailed in domains like
structure. The PLGA-2013 also did not education, waste organization, wellbeing,
offer an economic decentralization from building rules, community transport,
the provincial to local level. Local offense and the protection of public order.
governments had little funds at their Bureaucratic politics is a significant sign
of the achievement or breakdown of the

37 38
Janjua, Moazzam Ali, and Rainer Janjua, Moazzam Ali, and Rainer
Rohdewohld. "Critique of the functional Rohdewohld. "Critique of the functional
assignment architecture of Punjab’s local assignment architecture of Punjab’s local
governance legislation of 2013 & governance legislation of 2013 &
2019." Commonwealth Journal of Local 2019." Commonwealth Journal of Local
Governance (2019): ID-7408. Governance (2019): ID-7408.
Dr. Muhammad Waris Awan 1004

new-fangled system. Many gaps were highest votes would secure first seat and
found in PLGA-2019 that deputy would be the chairperson. The candidate
commissioner (DC) would be a district- with the second highest votes would
level controller between various local occupy the second seat and so on. The Act
governments but he remained outside the intended to delegate countless public
scenario of all the local governments in the agencies and local powers like “Water and
district. According to the PLGA-2019 a Sanitation Agency, Lahore Development
chief officer, bureaucrat, would be in Authority, Traffic Engineering, Transport
every local government. They would have Planning Agency and Parks and
extensive power to govern and scrutinize Horticulture Authority '' to the Mayor. The
the local governments and their functions government officials would function in
.The local government heads would these entities. Under the PLGA-2019
exercise power to assess and evaluate the would transfer power may burden that
performance of these officers to the local economic resources transfer to the local
government department secretary.39 governments are rather large. The Act
delegated not less than 26 % of the
Open List Method province’s general income receipts for the
The list of the seats in a constituency two years and not less than 28 % of the
would be issued if the person with the same in the next years.

Fig: 1SALIENT FEATURES OF PUNJAB LOCAL GOVERNMENT ACT-2019

(PLGA-2019)

Source:https://twitter.com/head_smu/status/1301391252559192070

Women Quota examined that about 2000 women


The PLGA 2019 granted women a chance councilors were appointed under PLGA-
to contest elections from reserved as well as 2013, the strength capped at 90 under the
general seats. However the cutback in new PLGA-2019. No reserved seats for
reserved seats was worrying. It was youth and technocrats were placed in

39 Local Governance: An Inquiry of Local Government


Rafique, Zain, Shahid Habib, and Yeni Rosilawati. "Legal,
Institutions." International Journal of Public Administration (2021):
Political and Administrative Barriers to Citizen Participation in 1-13.
1005 Journal of Positive School Psychology

PLGA-2019. It was a step back for Special Secretary to Governor Omar Saeed
unbiased representation. attended the occasion. It was visualized that
Age Limit the new system will be powerful to the
The age limit of qualified candidates set public .Prime Minister Imran Khan has
down in 2019 Act in contrast to PLGA fulfilled his promise to delegate power to
2013. The minimum age was raised from grass root level. It will make citizens strong
21 to 25 years. That would lead to an and affluent. 42The Prime Minister Imran
exclusion of the 18 and 25 years of age men Khan had promised a strong local
and women from contesting LG elections. government body in Punjab .The PTI
Youth’s participation in local governance government will guarantee citizen
was not elevated.40 empowerment and take all measures for
their prosperity as Pakistanis. The ruling
Panchayat party pledged transparency and merit in the
New village councils entitled as institutions especially at local tier .The
‘panchayat’ which was highly critiqued by PLGO visualized strengthening the people
the High Courts and the Supreme Court that and institutions.43 The PTI government
panchayat is unconstitutional and devolved powers to local levels through
unauthentic parallel to judiciary. The PLGO 2021 in Punjab.44
National Commission filed a petition in
2012 on the women Status and others in the LG Structure under PLGO-2021
Supreme Court and declared panchayat
banned, unlawful, and atrocious of the The PTI government decentralized system
basic rights mentioned in the Constitution introduced under PLGO-2021with some
1973. The Supreme Court made a decision new features;
in 2018. The village councils as panchayat ● Decentralization and transfer of
brought to primitive culture and mindset power at grass root level
that was patriarchal, narrow and feudal ● Power devolution
against the weak and deprived people.41 ● Financial and administrative
powers delegated to the local
Punjab Local government Ordinance bodies
2021(PLGO-2021) ● Under Article 140-A power and
Chaudhry Mohammad Sarwar, Governor authority transferred to the LG for
Punjab on Saturday marked Punjab Local good governance ,transparency
Government Ordinance (PLGO-2021) also ,and citizen participation
formally endorsed by the Punjab Cabinet. The new-fangled system by the PTI
Principal Secretary Dr Rashid Mansoor, government restructured the system of the

40 43
Rafique, Zain, Shahid Habib, and Yeni https://www.cpdi-pakistan.org/wp-
Rosilawati. "Legal, Political and content/uploads/2022/01/Analysis-of-the-
Administrative Barriers to Citizen Punjab-LG-Ordinance-2021.pdf
Participation in Local Governance: An 44 Saadia Salahudin;33pc women’s seats in
Inquiry of Local Government
LG demanded; January 23,2022;The
Institutions." International Journal of Public
NEWS;https://www.thenews.com.pk/print/927
Administration (2021): 1-13.
41 440-33pc-women-s-seats-in-lg-demanded
Nikku, Bala Raju, and Zain Rafique. "Empowering people:
Role for political social work in South Asia." International Social
Work 62, no. 2 (2019): 877-891.
42
Mumtaz Alvi, First Phase of LB polls in 17
Punjab districts on May 29,ECP;February
17,2022;The NEWS
Dr. Muhammad Waris Awan 1006

LGs and empowered them political, fiscal Section 13(1) (b) & (c)
and administrative domains. It illustrates the local bodies’ structure
● 11Metropolitan Corporations (Big whereas Lahore is the largest district but
Cities ) according to the new Act no district council
● 15 Municipal Corporations will be there .It is highly criticized that
● 35 District Councils in Rural areas deputy mayors’ strength must be increased.
● 3364 Village Councils (Rural The total elected members of
&Urban) (Population 20,000) Neighborhood councils and Village
● 1883 Neighborhood Councils (Rural Councils will be 12 where 2 seats will
&Urban Population 20,000) hill allocate to women.47 The religious
council (15000 population) marginal groups don't exist; these seats will
be for female workers and peasants. Here
Critical Analysis of the PLGO-2021 the demand for an increase of women
The Punjab Local government Ordinance reserved seats comes from the civil society.
2021 has introduced a new set up in the
provinces but without consultation and Section 19(2) about Manner of power
consensus of the opposition parties, so it exercise by a local government
has some flaws and implementation Here the chairman and the deputy chairman
challenges .PLGO 2021 system has some will function under the headship of the
notable limitations. There are some gaps in Local government head but the functions
policy implementation.45The analysis of list is missing in the PLGO-2021
LPGO-2021 done by the researchers after a document.48
deep review of the ordinance original
document issued by the Punjab government Section 21(3) Functions and Authority of
CPDI Metropolitan Corporation & District
Council
Section 8& 9 The restricted role of the Metropolitan
It indicates that the Deputy Commissioner Corporations and the District Councils for
shall issue notifications of delineation of local public service delivery departments
local areas of Metropolitan Corporations has some reservations. Because the
and District Councils in Sialkot, Gujrat, Metropolitan Corporations and Districts
Bahawalpur, Dera Ghazi Khan, Faisalabad, Councils need cooperation of the law
Gujranwala, Multan, Rawalpindi, Sahiwal enforcement agencies and revenue
and Sargodha districts but it is quite departments in many situations, they must
necessary that criteria must be clearly be more empowered in this regard.49
defined that how the division of urban or
rural areas will be made.46

45 49
Mumtaz Alvi, First Phase of LB polls in 17 Zulqernain Tahir ,Govt, opposition head
Punjab districts on May 29,ECP;February towards deadlock over EVMs in Punjab polls,
17,2022;The NEWS January23,2022;DAWN ;
46
https://www.cpdi-pakistan.org/wp-
content/uploads/2022/01/Analysis-of-the-
Punjab-LG-Ordinance-2021.pdf
47
Ibid
48
Zulqernain Tahir ,Govt, opposition head
towards deadlock over EVMs in Punjab polls,
January23,2022;DAWN ;
1007 Journal of Positive School Psychology

Section 23 Powers and Authority in links Metropolitan Corporation and the District
with the Agencies and Companies in the Council.
Metropolitan Corporations
An immediate decentralization is not Section 27(3): Performance by the
achievable; the law must provide that District Authorities
devolution completed in a year soon after
the local governments constitutes. The district authorities shall be restricted
and directed in policies and instructions
Section 24: Practices of functions and issued by the Punjab Government. It means
use of powers to the devolved district the District authorities have no freedom to
rank offices of the Punjab Government work; they will remain under the
Departments instructions of the provincial management.
No immediate devolve mechanism
mentioned for district level offices of the Section 36(1) (k) Powers & Obligations
Punjab. of Chief Officer
Under the Act, the Chief Officer is bound
Section 24: Practices of functions and to perform duties assigned by the head of
use of powers to the devolved district local government. It indicates that the chief
rank offices of the Punjab Government office is not free in his tasks and functions
Departments .He must abide by the head of the local
government.
No immediate devolve mechanism
mentioned for district level offices of the Section 40(7): Meetings of the House
PUNJAB Government Departments and no The government may allow any person to
guarantee that it will certainly be attend the meeting but that person cannot
transferred at a later stage in a particular vote or take part in any policy during and
period of time.50 after the meeting .It is suggested that the
council should also be authorized to allow
Sections 25 &26: District Authorities any person for meetings through a majority
If the district authorities transfer, it will vote for local context and requirements.
work under the supervision of Boards under
the chairmanship of Mayors or Section 47(1): Election Method
chairpersons. In this way the presence of The electronic voting machines will use for
civil authorities will be higher in the district the first time for LG elections in Punjab but
councils and will influence the decision election commission of Pakistan have less
making process and governance. The capacity to deploy EVMs as the new
authorities in a district, if delegated, then elections are expected in few months if this
the Finance Department will release funds condition remains, it can delay elections in
for these authorities but no local Punjab
government has such authority itself. It is
suggested that the budget or funds must be Section 53: Notification of Elections call
the responsibility of the concerned up

50 https://www.dawn.com/news/1672434/local-
Ali cheema ;Local democracy or elected
despotism?,January 31,2022;DAWN; democracy-or-elected-despotism
Dr. Muhammad Waris Awan 1008

It proposed that the Local Government reservations. The Section 77 part 3 set a
elections will be conducted in two stages: time period of budget approval and
in first phase the Village and Neighborhood indicates that a simple majority required for
Councils and at second phase Metropolitan its approval.
Corporations and District Councils Section 81(3): Audits
elections will be held. This may affect the The audit report by the Auditor-General
results and raise expenditures .It is will be measured by the Public Accounts
suggested that it must be held in one go. Committee of the Punjab Assembly .Under
this section Public Accounts Committee
Section 61(1): Eligibility and Ineligibility responsible but no separate arrangements
It prescribed that the head of Local being made.
Government candidate must have an
Intermediate degree and equivalent. This Section 99 (2): Levy taxes
provision must readdress and flexibility in Levy taxes powers vested by the Punjab
qualification must be redefined.51 government and it must be restricted .It
must also be undoubtedly define.
Section.68: Resignations
The head of the LG, Mayor, Chairman, vice Section 139: Right to Information
chairman, speakers, and councilors can This provision offers a time period but the
resign and submit it to the chief office in point is that Transparency Act 2013 already
black and white but it is being exists in the Punjab and in the presence how
recommended that it must be submitted in it will work and implement.
the presence of any elected member.
Sections 185-188: Chief Officers
Section.71: Appointment Powers of the /Staff/Servants of LG
Chief Minister All LGs have officers and staff, so their
It empowers the Chief Minister Punjab to appointment and placement will decide
employ administrators. It is a badly time to time and the Secretary local
problematical. The PTI government must government will exercise these powers and
adopt other arrangements for the interim the LG heads will have minimum powers in
phase, after the completion of LG tenure. this regard.52

Section 75(7): Funds Section 193(3) (b): Appeals /Tribunals


It indicates that the expenditures and This section illustrates that in the total seats
payments will not be allowed/ increased fixed for technocrats, half would be
over a prescribed limit. It also allows new reserved for female representatives.
hiring and adjustments.
Section 215: Adjustment in the Schedule
Section 77 &77(3): Budgeting The Punjab government is authorized to
It allows the citizen of that specific introduce amendments in the schedule by
constituency that he /she may criticize the issuing notifications, this provision offers
budget draft before final approval. The maximum power to the government and it
citizen may approach the websites or attend must be limited before implementation.
councils meetings and record their

51 52
https://www.cpdi-pakistan.org/wp- https://www.cpdi-pakistan.org/wp-
content/uploads/2022/01/Analysis-of-the- content/uploads/2022/01/Analysis-of-the-
Punjab-LG-Ordinance-2021.pdf Punjab-LG-Ordinance-2021.pdf
1009 Journal of Positive School Psychology

Conclusion: government’s skeleton for better and


Decentralization is an imperative support enhanced services availability for its
of citizen-centered governance. Patronage- citizens’ .The former systems ineffective
rooted politics where government controls responses also grab the attention of the new
fiscal affairs and provide service delivery PTI government to reorganize the local
remained the major concern of the government system. The PTI government
politicians in Pakistan .The devolution of visualized empowered elected local
power remained ineffective due to such governments under new laws. The lack of
unnecessary involvements. The politicians consensus in the preparation to
crave to grab the local politics, baking implementation process of the PLGO
nepotism in roots .If power and services 2021will create challenges in the future
provide the citizens at grass-root level in as the Punjab government recently
the right direction, the scenario will quite amended the Act to cut the village and
change and lead to real democracy. In neighborhood councils members regarding
Pakistan local governments remained the intact implementation of conducting
challenging where democratic and un- elections less cumbersome. It is another
democratic experienced multiple local debate that the ruling party despite
bodies’ arrangements. But unfortunately numerous promises of strong local
not a single system effectively worked or government system to fortify democracy at
allowed to work .After the overhauling of the lowest step, has constantly postponed
the constitution after the 18th amendment elections since it strike down the earlier
the LG subject shifted to provinces for the PML-N-dominated local bodies and
improvement of service delivery through blamed the ECP for the impediment. It is
autonomous bodies but the provinces were quite necessary that no concept of good
not geared up for such a big political, governance and development will work in
legislative and administrative change. Pakistan unless the local governments not
Pakistan Tehreek-i-Insaf promised during established with the true spirit to serve the
their elections campaigns of a strong local people.

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