Since the introduction of the Punjab Local Government Act, 2019, by the Pakistan Tehreek-e-Insaf (PTI)-led government, Punjab has lacked practical union councils.
The bodies established under the Punjab Local Government Act, 2013, were dissolved as a result, with PTI promising fresh polls within a year, only to delay them for another 21 months through the Punjab Local Government (Amendment) Act 2020.
In February 2021, the provincial government revoked the Punjab Village Panchayats and Neighbourhood Councils Act, 2019 and promulgated the Punjab Local Government (Amendment) Ordinance 2021.
A new amendment ordinance reduced 25,238 village councils and neighbourhood councils to only 8,000 councils in Punjab, which had rendered inadequate all the delimitation work done by ECP.
On March 25, 2021, the Supreme Court of Pakistan declared the 2019 dissolution unconstitutional and ordered the immediate restoration of the local governments. Despite the Supreme Court’s directive, there were delays in reinstating the local governments.
The Court issued further orders, setting deadlines for restoration and summoning provincial officials to ensure compliance. The local governments were eventually restored in October 2021; however, they were stopped from using funds for any development work until their tenure concluded on December 31, 2021.
Threat to provincial powers?
Talking to Geo.tv, Muhammad Basharat Raja, former minister for local government during PTI’s tenure, justified the local government election limbo, claiming that the former ruling party was too focused on reforms.
Nonetheless, local elections hit snags multiple times.
Another factor was the power struggles between political parties, which also contributed to the delays. According to observers, local governments, which are vital for democracy, are often considered a threat to the centralised authority of the provincial government’s well-protected power corridors.
On the other hand, Badar Alam, former editor of Herald magazine, and cofounder of Lok Sujag notes, that there is a widespread fear that local governments could defy the authority of provincial leaders if they gained control over development funds.
In the face of all these hurdles, some remain hopeful for change.
Sitting Provincial Minister for Local Government and Community Development, Zeeshan Rafique, sees elections taking place soon, though the passage of the new act remains a slow process.
However, political observers in the country are sceptical and have warned that without a fundamental shift in political will, such holdups will continue.
Raja agreed that for the actual transfer of power to the grassroots level, they must not only activate these institutions but also strengthen them and grant them full authority.
“We believed that the local government institutions in KP functioned exceptionally well under the PTI government and hence were trying to build on that experience to bring aforementioned reforms in Punjab.
“But we must accept that, for certain unavoidable reasons, we were unable to hold elections in Punjab.”
Hamza Shahbaz’s brief government also introduced a new law, which was later dismissed by the then chief minister Pervaiz Elahi and the Punjab Local Government Act 2022 (PLGA 2022) was enacted and officially notified on November 16, 2022.
However, in February 2023, the then Punjab governor Muhammad Baligh-ur-Rehman suspended the Act, putting an end to the possibility of holding elections.
Local governments are no longer a matter of choice for any provincial government, rather under Article 140 A it is a constitutional requirement that “each province shall, by law, establish a local government system and devolve political, administrative and financial responsibilities and authority to the elected representatives of the local governments”.
However, it was not the PTI government alone that did its best to delay local government elections. The legal framework for Punjab’s local government has been redefined multiple times, with local governments consistently denying the opportunity to complete their tenure or operate independently.
The PML-N government before them introduced the Punjab Local Government (Amendment) Bill 2010, which sought to amend the Punjab Local Government Ordinance, 2001.
The bill proposed the creation of an election authority to replace the Chief Election Commissioner’s role in overseeing local government elections. It also set a four-year term for local governments, later extended to five years through the PLGA, 2013. Following this, the Punjab Local Government Bill 2012 was introduced, but it never became an act.
Following the Supreme Court’s directive in 2012, the Punjab government, like other provincial governments, enacted the Punjab Local Government Act, 2013, to hold fresh elections.
After the persistent delay elections were finally held in October 2015, and the elected members took oath in December 2016. Six years after the previous local governments went home.
Rafique denied that PML-N deliberately delayed local government elections, emphasising that the party has consistently held local elections whenever it has been in power. In 1990 and 1998, when they formed governments in Punjab, elections were held.
He explained that in 2013, they passed a new act, but the problem was that people challenged it in the courts, which resulted in further delay.
Rafique pointed out that in 2018 when the PTI government came into power, they introduced a new legislation, dismissing the existing local government system.
“During our tenures, we have never suspended the tenure of any government. In 2008, when our government took office in Punjab, Shahbaz Sharif ensured that previously elected local governments were allowed to complete their term.”
He criticised the PTI government that despite introducing three different legislations they failed to hold elections and whenever the time for elections approached, they repealed the previous act and introduced a new one, thus further delaying the elections.
Power struggles, political fears
There has always appeared to be a reluctance among politicians and leaders to share power with local governments, even though they are pivotal to a strong democratic system.
Alam says that the MPAs and MNAs are concerned that if development funds are transferred to local governments, they will lose their importance in the constituencies, as well as a reason to ask people for votes.
“This is the biggest fear among politicians, regardless of party affiliation. Secondly, any ruling party at the provincial level fears losing its moral authority if it loses local government elections,” Alam adds.
Raja also agreed that there has been a prevalent perception in our country that assemblies — whether provincial or national —do not want to empower local government institutions.
“This is because there is a tendency at various levels to take ownership of development projects, whether at the higher or grassroots level.
“If the political system and institutions are strong, then the ownership of development work should belong to the party in power. If we eliminate the mindset of individual ownership, then no one would oppose local government institutions.
“The tendency to seek individual credit for development work and problem-solving creates obstacles.”
Fresh delimitation following new laws costs millions or maybe billions and to avoid such issues, it is imperative to ensure that these institutions complete their terms, according to Raja.
“When a new government comes in after 4-5 years, it tries to introduce its own legislation. Naturally, this new act leads to new steps, including delimitation from scratch.
“Changes to the act are not inherently bad If they are aimed at improving the system, introducing better mechanisms, or solving public problems, there is no harm in it.
“However, the key condition is that everything should be done in good faith and for the betterment of the system,” Raja adds.
Echoing Raja’s perspective, Rafique concurred that delimitation should be conducted solely when constitutionally mandated, specifically following each new census, rather than being undertaken repeatedly.
A glimmer of hope or more delays?
Rafique, the incumbent minister, is hopeful that the local government election in Punjab will be held soon. He, however, accepted that the new law will take time, as it has to go through the Standing Committee for deliberations.
Raja, on the other hand, is not so optimistic, as he does not see any practical steps being taken by the government to hold the elections, nor does he expect such steps in the near future. However, he acknowledged that all political parties, whether in government or opposition, need to unite and raise their voices for local government elections because local-level issues can only be effectively resolved at the local level.
Some reports towards the end of 2024 claimed that ECP had started preparing for local government elections in March, but with a new law still not presented in the assembly, it is unlikely those preparations mean much.
Punjab Election Commission, however, refused to comment on this matter and the cost of repeated delimitations.
To address the issue of delay in the formation of local governments, Rafique suggests a constitutional amendment ensuring that local government elections are conducted simultaneously with national and provincial elections. This will ensure continuity and uniformity in local governance across Pakistan.
Alam believes that every government in Pakistan tries to keep local governments under their control.
“If they are compelled to hold elections, they ensure that the structure of the local governments is such that it remains subordinate to them, with limited access to funds and authority.
“This way, local governments cannot challenge them at any level. This leads to the creation of new laws aimed at controlling them,” the former Herald editor added.
However, a simple solution to this problem is one act that could survive more than a tenure or in the current scenario even a year.