Sindh bound by Constitution to empower LG institutions, SC rules

ISLAMABAD: The Supreme Court on Tuesday directed Sindh to devolve financial, administrative and political powers to local government institutions as directed by the Constitution as it binned a Muttahida Qaumi Movement-Pakistan (MQM-P) petition seeking empowerment and autonomy for grassroots bodies.

A three-judge bench, headed by Chief Justice of Pakistan Gulzar Ahmed, heard the case.

Delivering his last verdict before his retirement, outgoing Chief Justice Gulzar Ahmed ruled the Sindh government was bound to install effective LG institutions.

The apex court earlier had reserved its verdict on the MQM-P’s petition against the Sindh Local Government Act, 2013, on October 26, 2020.

Announcing the short order, the judge said framing master plans and their execution fall under the domain of the local governments. “The provincial government cannot initiate a project which falls under the local government’s control,” he maintained.

He remarked the Sindh government was also bound to have a “good working relationship with local governments” for the effective functioning of the system.

The judge also ordered to amend the rules of the Sindh Building Control Authority (SBCA) and the Karachi Development Authority (KDA) in line with the Constitution, “while the laws related to the Malir Development Authority (MDA) and the Hyderabad Development Authority (HDA) must also be changed in accordance with the Constitution.”

Salahuddin Ahmed, counsel for MQM-P, earlier argued that Karachi’s building control, water supply, local transport and solid waste authorities, among other agencies, are under the control of the Sindh government.

He said the local government had the sole responsibility for the maintenance of parks and libraries.

The lawyer had maintained that civic amenities, including parks and playgrounds, fall under the responsibility of the Karachi Metropolitan Corporation. He continued that however, KMC does not have authority over the whole of Karachi.

Must Read