SC directs Sindh govt to empower local bodies over MQM-P petition

• CJP Gulzar Ahmed says "local government’s prerogative to make and implement master plans".
• Apex court nullifies Sections 74 and 75 of challenged Sindh Local Government Act 2013.
• Directs Sindh govt to amend all laws in line with Article 140-A of Constitution of Pakistan.

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ISLAMABAD: The Supreme Court (SC) on Tuesday directed the Sindh government to devolve powers to the local government in the province as per the constitutional laws while giving its verdict on a petition filed by the MQM-P.

MQM-P had moved the court seeking transfer of power to the local bodies in Sindh, through a plea filed in 2013.

Giving the verdict on the plea, Chief Justice of Pakistan (CJP) Gulzar Ahmed stated that it was the local governments' prerogative to make and implement master plans and the provincial government cannot start a project which is under the local government's jurisdiction.

"The Sindh government is bound to create autonomous local bodies under Article 140-A of the Constitution of Pakistan," the CJP remarked, directing it to ensure the transfer of financial, administrative and political powers to the local government.

Moreover, the court also annulled Sections 74 and 75 of the Sindh Local Government Act (SLGA) 2013 [pertaining to the transfer of functions from councils to government and commercial schemes] and ordered the provincial government to make amendments to all laws.

"Make sure that all the laws are in line with Article 140-A," the court remarked, while disposing off MQM-P's petition.

The laws include the Sindh Building Control Authority Act and that of the Karachi Water and Sewerage Board, Karachi Development Authority along with the development authorities for Malir, Hyderabad, Lyari, Sehwan and Larkana districts.

As reported by Dawn, MQM-P, then MQM, had challenged the SLGA in the apex court in October 2013. The Sindh Assembly had passed the SLGA-2013 on August 19, 2013, despite strong opposition by the MQM