Two years have passed since the local government elections in Azad Jammu and Kashmir. However, the elected leaders have yet to exercise administrative and financial powers that come with their offices. Frustrated by the lack of progress, nearly 2,700 elected representatives have turned to widespread street protest, conventions and public mobilisation to demand functional power.
They have called for swift legislation by the state assembly to provide legal backing and to clearly define their role. In this context, large gatherings have been held to express their grievances, particularly the delayed financial empowerment and the legislative deadlock hindering the full implementation of local government law.
Held in 2022, after more than three decades, the local government elections in Azad Jammu and Kashmir had marked a significant milestone in the revival of grassroots democracy. The state government was expected to devolve power to local representatives, enabling them to play a vital role in development planning, resource allocation and decision making at the community level.
However, elected representatives continue to face bureaucratic resistance, financial constraints and the reluctance of central authorities to fully implement decentralisation.The AJK government allocated Rs 810 million for local government institutions last year. It also announced an additional Rs 1 billion allocation for development needs. However, the local representatives say these funds have not been disbursed equitably, rendering many local bodies ineffective.
Despite claims that amendments to the Local Government Act of 1990 have been approved by the cabinet, the relevant legislation still awaits approval in the Legislative Assembly. This delay has left local governments lacking a legal framework for financial and administrative autonomy. There is also a growing perception that some members of the Legislative Assembly and central government officials are unwilling to effectively devolve power, fearing a reduction in their influence over development projects and funds.
Local self-government
In response to the mounting pressure, the AJK government has said that the amended Local Government Act will soon be presented for legislative approval. A finance commission is proposed to oversee the distribution of funds among local bodies. However, scepticism remains widespread among local representatives, including Muzaffarabad’s Mayor Sikandar Gillani, who dismisses these promises as empty rhetoric.
In a significant development, the AJK High Court has provided legal backing for local councils’ autonomy. The court ruled recently that development funds from the Local Government and Rural Development Department cannot be allocated to MLAs. This ensures that the funds remain strictly under the control of local councils and there is no interference by MLAs in the LG&RD projects. The ruling effectively nullified Dastoor-ul-Amal, an unofficial manual that allowed the MLAs to exert influence over local development funds. The practice not only undermined the authority of local representatives but also violated fundamental principles of local governance.
Despite this legal victory, the struggle for implementation continues. The state government has yet to take concrete steps to transfer power and resources to LG bodies. This has been fuelling frustration among elected representatives.
The AJK government allocated Rs 810 million for local government institutions last year and announced an additional Rs 1 billion for development needs. Elected local representatives say that these funds have not been disbursed equitably, rendering many local bodies ineffective.
Funds for local MLAs
Before 1996, the MLAs were not allocated development funds. However, following the abolition of local government institutions, the MLAs gained informal control over development schemes through Dastoor-ul-Amal (SOP). It allowed them to direct funding without a legal basis. Over time, the perceived role of MLAs shifted from legislation to securing development funds, fostering a patronage system where party workers were rewarded through project allocations. This shift led to corruption, as local government funds were embezzled, and citizens’ loyalties were secured through infrastructure projects rather than ideological concerns.
The 13th Amendment to the AJK Constitution mandated the revival of local government institutions. The Supreme Court then ordered elections without delay. However, local representatives have had to fight for their rights and to dismantle a system that has existed for over three decades. The ruling elite are scrambling for ways to bypass the High Court’s ruling without being held in contempt of court.
The High Court ruling explicitly outlined the seven core responsibilities of an MLA, none of which include proposing or supervising development projects. An MLA’s primary duties include lawmaking; representing the people; oversight and accountability of the government; budget and financial control; protection of rights and freedoms; debate and discussion; and legislation for public welfare. Development projects are neither the duty nor the responsibility of the MLAs. Since projects in all departments except local government are executed through contracts and tenders, local government projects, executed through non-PC-1 workers, have been manipulated for corruption and personal gain.
Protests intensified
The failure of the government to act has intensified protests. On February 21, local government representatives in Tarar Khal blocked the Rawalpindi-Hajira Road, demanding that the government pass the agreed-upon draft in the Assembly. They threatened to lay siege to the Assembly and a march towards the Line of Control if their demands were not met.
The Local Government Protest Movement’s Rabta Committee held a significant meeting in Rawalpindi on the same day. Its representatives passed a unanimous resolution expressing gratitude for the historic February 19 High Court ruling. They also warned of more intense protests if its implementation was obstructed. They demanded that by February 28, the government release Rs 4,174 million to local councils, saying the Rs 819 million released so far was inadequate.
Local representatives are fighting for structural reforms, not temporary financial relief. Their Charter of Demands focuses on ending the long-standing control of development schemes by MLAs and more devolved governance.
The struggle for local government empowerment in AJK is at a critical juncture. While the High Court ruling marks a significant victory, resistance from entrenched political elites continues. The government’s failure to release more funds, persistent interference in local governance and attempts to manipulate the system underscore the need for continued vigilance. The local government movement remains steadfast in its demand for an empowered, transparent and accountable system that serves the people rather than vested interests.
(The news article has appeared in "The News" on March 2, 2025. https://www.thenews.com.pk/tns/detail/1287744-empowering-local-governments)
Have you liked the news article?