CONSTITUTIONAL AND LEGAL EMPOWERMENT Historical Perspective

Presentation by Justice (R) Amjad Ali Member, NRB 2nd July, 2007, Lahore, Pakistan1

SYNOPSIS OF THE PRESENTATIONEvolution of Local Governments Local institutions in early Muslim era Local institutions in the Sub-continent Harappa, Taxila & Moenjodaro in ancient civilizations Mughal period Colonial rule At the time of Independence Post-Independence era Local Governments in special areas Cantonments Islamabad Capital Territory Northern Areas & Azad Jammu & Kashmir Devolution of Powers Plan Features of Local Government Structure and Police Order Constitutional empowerment to Local Governments2

EVOLUTION OF LOCAL GOVERNMENTLocal institutions in early Muslim era Local institutions in the Sub-continent Local institutions in the Sub-continent during the Mughal period

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LOCAL INSTITUTIONS UNDER THE COLONIAL RULE

First municipal corporation set up in the Presidency Town of Madras in 1687 by East India Company. Company. The Conservancy Act, 1842. The Conservancy Board set up in 1846 converted into Municipal Commissions in 1852. 1852. Karachi Municipal Commission upgraded as a Municipal Committee in 1853. 1853. Establishment of Local Committees under the Municipal Act of 1850, extended to Punjab and Karachi in 1852. 1850, 1852. The Punjab Municipal Act, 1867, set up committees in Lahore and Rawalpindi for the purpose of water supply, sanitation of the Towns.4

LOCAL INSTITUTIONS UNDER THE COLONIAL RULE

The Punjab District Boards Act, 1883. The Balochistan Bazaars Regulation, 1910. 1910. The Punjab Municipal Act, 1911. 1911. The Punjab Small Towns Act, 1921. 1921. The Sind Local Boards Act, 1923. 1923. The City of Karachi Municipal Act, 1933. 1933. The Punjab Village Punchayat Act, 1939. 1939. The City of Lahore Corporation Act, 1941. 1941. The Quetta Municipal Law, 1946. 1946.5

AT THE TIME OF INDEPENDENCE

At the time of independence, the following laws were in operation:operation: The Punjab District Boards Act, 1883. The Balochistan Bazaars Regulation, 1910 The Punjab Municipal Act, 1911 The Punjab Law Small Towns Act, 1921 The Sind Local Boards Act, 1923 The City of Karachi Municipal Act, 1933 The Punjab Village Punchayat Act, 1939 The City of Lahore Corporation Act, 1941 The Quetta Municipal Law, 19466

POSTPOST-INDEPENDENCE ERA

The Sind Local Authorities Service Act, 1947. The North-West Frontier Province Municipal Act, 1950 The Basic Democracies Order, 1959 The Municipal Administration Ordinance, 1960 The Capital Development Authority Ordinance, 1960 The Conciliation Courts Ordinance, 1961 The Sind Local Government Ordinance, 1972 The North West Frontier Province Local Government Ordinance, 1972 The Punjab Local Government Act, 1975 The Baluchistan Local Government Act, 1975 The Provincial Local Government Ordinances, 1979 The Northern Areas Local Government Order, 1979 The Capital Territory Local Government Ordinance, 1979

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LOCAL INSTITUTIONS IN CANTONMENTS

The General Cantonment Act, 1889. The Cantonment Act, 1910. The Cantonment Code, 1912. The Cantonment Act, 1924. The Cantonment Ordinance, 2002.

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LOCAL INSTITUTIONS IN SPECIAL AREASAREASNORTHERN AREAS, AJ&K AND ICT

The Capital Development Authority Ordinance, 1960. The Northern Areas Local Government Order, 1979. The Islamabad Capital Territory Local Government Ordinance, 1979. The Azad Jammu and Kashmir Local Government Act, 1990. The Islamabad Capital Territory Local Government Ordinance, 2002.

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DEVOLUTION OF POWER PLAN

The Local Government Plan, 2000 The Provincial Local Government Ordinances, 2001 The Islamabad Capital Territory Local Government Ordinance, 2002 Amendments in the Code of Criminal Procedure and other laws, including General Clauses Acts and Land Revenue Act. Replacement of the Police Act, 1861, by the Police Order, 2002.

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FEATURES OF LOCAL GOVERNMENT STRUCTURE AND POLICE ORDER Three levels of Local Government: District Government & Zila Council Tehsil Municipal Administration and Tehsil Council Union Administration and Union Council. Union Nazim, Naib Union Nazim and eleven Councilors elected directly. The members against reserved seats of the District Council and Tehsil Council elected through indirect elections. Elimination of Divisional tier. District Administration headed by a Public Representative through Election. The Union Council given representation in the District and Tehsil Level.11

FEATURES OF LOCAL GOVERNMENT STRUCTURE AND POLICE ORDER

33% women given representation at all the three levels of the Councils. Minorities, peasants and workers provided with reserved seats. Rural and Urban divide eliminated. Thirty offices of the Provincial Government decentralized to the District Government. Municipal Functions placed under the Tehsil Municipal Administration. Bottom-up planning approach for development.

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FEATURES OF LOCAL GOVERNMENT STRUCTURE AND POLICE ORDER

System of Checks and Balances through Local Government Commission, Provincial Finance Commission, Zila Mohtasib (Ombudsman) and Monitoring Committees of the Councils. Development at the level of District, Tehsil and Union provided through the institution of Citizen Community Boards (CCB). (CCB). System of Alternate Dispute Resolution (ADR) provided through Anjuman-e-Musalihat. Anjuman- Musalihat. Provisions for setting up village and neighbourhood Councils. Councils. Each Province will establish District Service. Service. Zila Mushavirat Committees established for integrated development and realization of economic potential. potential. Zila Nazim empowered to invoke the provisions of section 144 Code of Criminal Procedure earlier exercised by the District 13 Magistrate.

FEATURES OF LOCAL GOVERNMENT STRUCTURE AND POLICE ORDER

A Police Officer arresting a person without a warrant to immediately report to Zila Nazim, Superintendent of Police and District Public Safety and Complaints Commission. Zila Nazim required to initiate an annual report of District Police Officer in a manuscript form. Zila Nazim empowered to visit a Police Station to find out if any person is under unlawful detention and in appropriate cases may also direct action in accordance with law. Separation of watch and ward, investigation and prosecution. prosecution. Public Safety and Complaint Commissions set up at District, Provincial and Federal Level to empower the Public Representatives to overview the performance of Police and to deal with public complaints against Police. Police.14

CONSTITUTIONAL EMPOWERMENTThe Government of India Act, 1935 The Constitution of Islamic Republic of Pakistan, 1956 The Constitution of Islamic Republic of Pakistan, 1962 The Interim Constitution of Islamic Republic of Pakistan, 1972 The Constitution of Islamic Republic of Pakistan, 1973 Article 32 Article 37 Article 175 17th 17th Amendment to the Constitution of the Islamic Republic of Pakistan and the insertion of Article 140A. 140A By virtue of amendments in Article 268(2), read with the Sixth 268( Schedule, a protection of six years from the commencing day was accorded to the Provincial Government Laws and the Police Order, 2002. 2002. 15

THANK YOU

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ORGANOGRAM OF LOCAL SELF-GOVERNMENTUNDER THE BASIC DEMOCRACIES ORDER, 1959

Divisional Council

District CouncilURBAN RURAL

Municipal Committees

Thana / Tehsil Council

Union Committees

Town Committee

Union Councils

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ORGANOGRAM OF LOCAL GOVERNMENTUNDER THE LOCAL GOVERNMENT ORDINANCES, 1979

Local GovernmentURBAN RURAL

Metropolitan CorporationsMunicipal Corporation/Committee

District CouncilMarkaz CouncilUnion Councils

Town Committee

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ORGANOGRAM OF LOCAL GOVERNMENTSUNDER THE LOCAL GOVERNMENT ORDINANCES, 2001

City District GovernmentTown Municipal Administration

District GovernmentTehsil Municipal Administration

Union Administration

Union Administration

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