The laws thus deleted from the Sixth Schedule on the eve of the New Year include (i) The Balochistan Local Government Ordinance, 2001 (XVIII of 2001), (ii) The North West Frontier Province Local Government Ordinance, 2001 (XIV of 2001) (iii), The Punjab Local Government Ordinance, 2001 (XIII of 2001) and (iv) The Sindh Local Government Ordinance, 2001 (XXVI of 2001).
Spokesperson to the President former Senator Farhatullah Babar said that while signing the order few hours before the strike of the clock the President described it as the New Year gift to the nation to further advance the process of provincial autonomy and harmony.
He said that as the clock strikes tonight heralding the advent of 2010 the provinces would be free to make their own laws relating to the local bodies either through legislation or ordinances. The provinces will also be free to do whatever they liked whether to hold elections to the local bodies on the expiry of their term or appoint administrators instead to run the affairs of local government.
Farhatullah Babar said that although the Local Bodies is a Provincial subject, the then dictatorship had included it in the sixth schedule of the Constitution thereby barring the Provincial governments from making changes in it for six years until 31st December, 2009 without the prior approval of the President.
The Sixth Schedule of the Constitution states that the laws included in it cannot be changed until December 31, 2009 without prior and formal approval of the President. Although this was patent interference in the provincial autonomy and against the spirit of the 1973 Constitution and was roundly criticised by the provinces and the people, the dictatorship insisted on usurping the provinces powers to manipulate politics at the grass root level for pursuing its own political agenda, he said.
Farhatullah Babar said that in September last a summary was submitted by the federal ministry for Local Government to the President stating that the provinces wanted to do away with the elected Nazims after the expiry of their term on October 16 and appoint bureaucratic administrators instead. The Provinces also sought the approval of the President to the proposal, the summary had said.
However, the President did not sign the summary proposing the appointment of unelected Nazims and sent it to the law ministry directing it to hold consultative meetings with all the provincial ministers for law and local government on the implications of handing over the local government to unelected bureaucrats.
When the term of the existing local governments expired on October 16 this year it was automatically extended under the law as the President had not signed the summary, he said, adding, "As a result the elected Nazims have been continuing in their offices".
The extension in their tenure was automatic under the law and did not require Presidential approval as it was built into the law itself, Farhatullah Babar said. The subject of Local Bodies has now reverted to the Provinces which can then make amendments in the laws on their own without reference to the President, he said.
He said that the PPP manifesto sates, "The PPP believes in a three-tier system of government: federal, provincial and local. Each will enjoy autonomy and function under the law. The system of local government introduced by the military regime which has been manipulated for political ends will be revamped to bring it in line with the party's devolution plan".
The Charter of Democracy states, "The local bodies' elections will be held on Party basis through provincial election commissions in respective provinces". The President signed the Order on the advice of the Prime Minister who earlier consulted the Chief Ministers of the four provinces before advising the President to delete these four laws from the Sixth Schedule of the Constitution.