ISLAMABAD: The Supreme Court on Tuesday directed the Sindh government to transfer the financial, administrative and political powers enshrined in the Constitution to the local government.
The court directed the Sindh government to ensure strict compliance of all relevant laws with Article 140A of the Constitution. The apex court gave this direction on October 26, 2020, while reserving its decision on a petition by the Muttahida Qaumi Movement Pakistan, seeking empowerment and autonomy for local government institutions in Sindh province, the erstwhile MQM now MQM-P. was filed by The petitioner had challenged the Sindh Local Government Act SLGA 2013 in the apex court in October 2013. SLGA 2013 was passed into law by the Sindh Assembly on 19 August 2013.
Chief Justice of Pakistan CJP Justice Gulzar Ahmed said in the judgment that local governments are created under Article 140A of the Constitution which obliges the provincial governments to establish empowered local governments within their jurisdiction. They ruled that a provincial government cannot undertake a project that falls within the jurisdiction of Sections 74 and 75 of the SLGA's Local Government, which relate to the transfer of functions from councils to the government, and the decision voids commercial plans. declared. It was the prerogative of local governments to prepare and implement the city's master plan, the verdict said, adding that the Sindh government was bound to establish empowered local bodies. The judgment stated that the Sindh government was also obliged to maintain good working relations with local governments for the effective functioning of the system.
It decided to amend the rules relating to the Karachi Development Authority and the Sindh Building Control Authority as well as to amend the laws relating to the Hyderabad and Malir Development Authorities in accordance with the Constitution.
Provincial officials have been directed to amend laws relating to Lyari Development Authority, Sehwan Development Authority, Larkana Development Authority and Karachi Water and Sewerage Board. The court further directed that the laws which have conflicting powers between the provincial and local governments should also be amended.
The petition argued that municipal functions could not be assigned to a provincial government or any other body or authority under its control, thus the Sindh government created parallel statute rules and regulations to usurp the powers of local governments. Misused the 2013 Act, which deserved to be declared void
Reacting to the Supreme Court's decision, Chief Minister Syed Murad Ali Shah said he would wait for a detailed decision. Karachi Administrator Murtaza Wahab said the Supreme Court's decision will be reviewed in the cabinet meeting to be held on Wednesday (today).