Local Government Reforms In Pakistan: Context, Content And Causes

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Local Government Reforms In Pakistan: Context, Content And
Causes
Ali Cheema, Asim Ijaz Khwaja and Adnan Qadir*
1. Introduction
This paper examines the recent decentralization reforms in Pakistan under
General Musharraf. We highlight major aspects of this reform and analyze its
evolution in a historical context to better understand potential causes behind this
current decentralization. Analyzing the evolution of local government reforms in
Pakistan is interesting because each of the three major reform experiments has
been instituted at the behest of a non-representative centre using a ‘top down’
approach. Each of these reform experiments is a complementary change to a
wider constitutional reengineering strategy devised to further centralization of
political power in the hands of the non-representative centre. We argue that the
design of the local government reforms in these contexts becomes endogenous to
the centralization objectives of the non-representative centre. It is hoped that
analyzing the Pakistani experience will help shed light on the positive political
economy question of why non-representative regimes have been willing
proponents of decentralization to the local level.
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Section 2 provides a historical overview of decentralization reforms
starting with the pre-independence period up to the revival of local governments
under General Musharraf. Section 3 then provides a description of salient features
of the current decentralization reform. Finally, section 4 interprets the current
reform in light of the historical context outlined in section 2. This paper does not
examine the potential impact of the current decentralization reforms in Pakistan as
that is addressed in the next chapter.
2. History Of Decentralization In Pakistan
While providing a detailed history of local governments is beyond the scope of
this paper, it is instructive to mention aspects of this history that shed light in
understanding the current decentralization. After briefly examining the pre and
post independence period, we looking at the two most significant decentralization
reforms prior to the current one, both interestingly also at the behest of nonrepresentative
military regimes under Generals Zia-ul-Haq and Ayub Khan
respectively.
2.1 The Pre-Independence Period
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Local Governments under the British: The British introduced local
governments in India1 not by building on the traditional structures of local
governance, such as the village panchayats, but instead from scratch, following
the annexation of Sindh in 1843 and of Punjab in 1849 (Nath 1929, Tinker 1968,
Venkatarangaiya and Pattabhiram 1969). The main objective of the system was
to co opt the native elite by establishing representative local governments.
However, local governments were never substantively empowered as they were
formed in a “top-down” manner in urban and rural areas, with extremely
circumscribed functions and members who were not locally elected but nominated
by the British bureaucracy (Tinker 1968). Instead, the Deputy Commissioner
(DC), a district2 level agent of the non-representative central bureaucracy,
emerged as principle actor at the local level (Ahmed 1964).
Democratic Processes at the Provincial Level: Given the structure of the nonrepresentative
state it is not surprising that the initial focus of political demands
made by nationalist parties was for greater representation in provincial and central
governments where substantive power lay. This shifted focus away from local
governments and the strength of the nationalist movement in the early 20th
century prompted the British government to make political concessions to Indian
political parties by granting more autonomy at the provincial level.3 These
changes are important in understanding the evolution of local governments since
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they sharpened the contrast between these nascent representative governments at
the centre/province and the existing local governments, as the latter became less
relevant as means of representation; the public debate having shifted to the more
regional and central arena of the nationalist movement. This shift in political
emphasis was a major factor behind the dormancy of local governments in the
areas that were to constitute Pakistan (Rizvi 1976).
Patronage and Rural Biases under the British: Another important feature of
the British system of administration and local government was the creation of a
rural-urban divide. Urban local councils were established by the British to provide
essential municipal services in urban areas. In contrast, rural councils were
explicitly used to co-opt the local elite by giving them limited representation and
as a result their capacity to provide essential municipal services became even
more circumscribed than the capacity found in urban areas (Siddiqui 1992).
The British centre used the deconcentrated agents of the central district
bureaucracy to co-opt and entrench local elites through a selective but extensive
system of patronage (van den Dungen 1972). This was particularly true of the
Punjab where the colonial bureaucracy had ample opportunities for providing
patronage through land settlement policy, grant of colony lands in the canal
colony districts of Punjab and the use of protective legislation like the Punjab
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Land Alienation Act 1900 and the Punjab Pre-Emption Act, 1913 which
prohibited transfer of land from agricultural to non-agricultural classes (Ali 1988,
Pasha 1998, Metcalfe 1962).
The Punjab tradition of establishing patron-client relationships between
the central bureaucracy and the local elite resulted in a rural-urban division, which
restricted politics away from the urban middle classes. Safeguarding the loyal
landowning classes from economic and political domination by the urban elites
became colonial policy (Talbot 1996). The dominance of the Unionist Party
(representing large landowners of all religions) in Punjab’s politics during the
early decades of this century was a direct manifestation of this phenomenon.
Thus what emerges from this brief history of colonial local governments is
that the system was not introduced in response to popular demand or local
pressure, but primarily as a result of the central government’s initiative and
functioned under the imperial bureaucracy’s control. Moreover, from the
beginning, there was a contradiction between the development of autonomous
local self-governing institutions and imperialist local level bureaucratic control
with the imperative of creating a loyal native class, and it is the latter that
dominated. The rise of the nationalist movement, during the early twentieth
century, demanded more political space at the central and provincial level. As a
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result these higher tiers emerged as the hub of political activity, which not only
shifted political focus away from local governments, but also resulted in a lack of
political ownership to build local governments by nationalist politicians.
However, even the provincial autonomy that was granted was heavily
circumscribed and extensively loaded in favor of the non-representative
bureaucracy at the imperial centre.
2.2 Post-Independence To Ayub
Given that the independence movement was driven by political party
mobilizations at the provincial and higher levels, post independence, there was
understandably little emphasis on local governments. The limited local
governments that existed were controlled and superseded by the central
bureaucracy by not holding elections and where elections were held, by limited
‘franchise’ and massive malpractices (Waseem 1994). During the decade of the
1950s, weakening local governments coincided with increasing centralization and
a centre increasingly dominated by the civil and armed bureaucracy (Jalal 1995,
Callard 1957, Talbot 1998).
2.3 The Ayub Period: Decentralization and the Politics of Legitimacy
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Pakistan’s first bold experiment with local governments occurred under the 1958
Martial Law, which set back representative politics at the central and provincial
level by disbanding national and provincial assemblies. Following the dissolution
of the higher-tier elected governments, General Ayub like the British colonialists
revived local governments as the only representative tier of government. The new
local governments, established under the Basic Democracies Ordinance, 1959 and
the Municipal Administration Ordinance 1960, comprised a hierarchical system of
four linked tiers.4 The lowest tier, which was the union councils, comprised of
members elected on the basis of adult franchise who, in turn, elected a chairman
from amongst themselves. The higher tiers of local government had some
members elected indirectly by these directly elected members and some official
members nominated by the Government and had these officials as Chairmen
(Rizvi 1974, Siddiqui 1992).
Similar to the British period, Ayub’s local government system was
controlled by the bureaucracy through “controlling authority” vested in the DC,
Commissioner and the Government for different tiers. The controlling authority
had the power to quash the proceedings; suspend resolutions passed or orders
made by any local body; prohibit the doing of anything proposed to be done; and
to require the local body to take some action. Although the system assigned
several regulatory and development functions to the local governments, especially
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at the lowest tiers and at the district level, few functions could be performed due
to a severely curtailed fiscal capacity (Siddiqui 1992).
The most controversial aspect of the local government system was that it
came to be used by Ayub to legitimize his essentially unitary Presidential
Constitution (1962), which gave effective state power to the armed forces through
the office of the President. The 1962 Constitution explicitly linked the office of
the President to the newly created local bodies by declaring the 80,000 Basic
Democrats as the Electoral College for the election of the President and national
and provincial assemblies.5 The electoral function of the BD System, based on
Ayub’s concept of ‘controlled democracy’, was a carryover from the paternalistic
colonial view of ‘guardianship’ whereby the colonial bureaucracy was supposed
to guide the politicians while resisting their corrosive influences. This partly
bureaucratic and partly political system was explicitly used for distributing
resources and patronage in order “to secure a mandate for Ayub” (Gauhar 1996, p
84) and to build a constituency for the military regime (Burki 1980).
There were continuities between Ayub’s management of urban and rural
political and economic competition and that of the British. At the level of local
governments a legislative divide was maintained between urban areas, which
were governed through the Municipal Administration Ordinance (1960), and the
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rural areas governed by the Basic Democracies Ordinance (1959). However,
Ayub, like the British, increased the share of targeted provincial and federal
development resources in favour of the rural areas because his main source of
support lay in these areas6 and these allocations reversed the significant urban bias
in federal and provincial development spending that had emerged during the
fifties (Amjad and Ahmed 1984). Rural local representatives, who formed a
majority in the local government system (Rizvi 1974), were associated with
development plans and projects at the local level both on account of program
design7 and because of their electoral importance in the wider state system (Rizvi
1974, Amjad and Ahmed 1984).
2.4 The Zia And Post-Zia Period
Local Government Reforms 1979-85: After a nascent period under Prime
Minister Zulfiqar Ali Bhutto (1971-77), local governments were revived under
General Zia ul Haq’s military regime. Like Ayub, Zia ul Haq combined political
centralization at the federal and provincial levels with a legitimization strategy
that instituted electoral representation only at the local level. Political
centralization was achieved during the early years (1977-85) of the regime
through the imposition of Martial Law, which held the 1973 Constitution in
abeyance, and was followed in 1985 by the 8th Constitutional Amendment that
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established indirect military rule through a quasi-Presidential form of government
(Noman 1988). Local governments were revived through the promulgation of
Local government ordinances (LGOs) and local bodies were elected in all four
provinces during 1979 and 1980. In essence, the army sought to use its old
strategy of ‘divide and rule’ by creating a new and competing class of
‘collaborative’ local-level politicians (Jalal 1995).
However, the increased political importance of local bodies was not
complemented by any further decentralization of federal or provincial
administrative functions or financial powers to the local level. Cheema and
Mohmand’s (2003) comparison of LGO (1979) with BDO (1959) and the
Municipal Administration Ordinance (MAO) (1960) shows that there was little
change in the functions and financial powers assigned to local governments
during the Zia and Ayub periods. Therefore, the increased importance of local
governments as a means of political legitimacy did not translate into their
substantive empowerment during either the Ayub or Zia periods. In fact, local
governments continued to lack constitutional protection and their creation and
maintenance remained at the whim of the provinces, which retained suspension
powers.8
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In spite of these differences Zia’s LGO (1979) differed from Ayub’s BDO
(1959) in certain important respects. Zia consciously adopted populist measures
introduced by Bhutto’s unimplemented Local Government legislations (1972 and
1975), which abolished the direct representation of the bureaucracy in local
governments as members and chairmen, and instead stipulated that all members
(including chairmen) of all tiers of local government were to be directly elected
through adult franchise (Sections 12 and 13 of LGO 1979).9 This was a significant
change from BDO (1959) and MAO (1960). Although, the provincial
administration retained suspension powers and the powers to quash resolutions
and proceedings during the Zia period, nonetheless, their control over local
government functioning through direct representation was loosened. This was
perhaps a circumscribed response to the emergence of mass-based politics during
the sixties and seventies.
However, the unequivocal adoption of the representative principle was
significantly weakened as Zia retained the historical principle of holding local
elections on a non-party basis. Although, non-party local level elections had been
the general principle in areas that comprise Pakistan since the colonial period,
nonetheless, the adoption of this principle by Zia ul Haq represented an important
reversal because mass-based political parties had emerged as important players in
the electoral arena since the 1970 federal and provincial elections. Zia retained
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this principle in order to neutralize the influence of political parties at the local
level. Historical evidence suggests that these measures resulted in the localization
and personalization of politics at the local level (Wilder 1999).
Another continuity between Zia’s legislation and the British and Ayub
legislations is the rural-urban divide at the level of rural or district councils, town
and municipal committees and corporations.10 In addition, Zia ul Haq abolished
the district (rural) councils’ function of rural-urban coordination, which made the
district council only responsible for governance in rural areas. However, increased
urbanization, the growing size of urban markets, the heightened flow of rural
goods into urban areas and the selected adoption of tax farming (AERC 1990)
resulted in a significant increase in the per capita income of urban local councils11
as octroi12 and UIPT revenues started to increase in response to these sociodemographic
changes and this trend continued well into the nineties (Table8.1).
However, the Zia regime consciously persisted with the rural-urban divide, which
meant that the urban councils did not need to share the benefits from this increase
in their per capita incomes with their rural hinterland.13 Historical evidence
suggests that during the early part of his regime, Zia sought to accommodate the
interests of the urban middle classes14 who had formed the core of the anti-Bhutto
movement15 and it appears that the decision to retain the urban-rural divide, at a
time when urban local council incomes were increasing, allowed the state to
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accommodate strong anti-Bhutto urban middle class political mobilizations by
giving them control, albeit circumscribed, over funds that could be used for the
entrenchment of localized clientelist networks. As opposed to this the absence of
buoyant sources of revenue in the hands of rural local councils meant that their
capacity to deliver on even their meager compulsory functions remained limited.16
The precarious revenue situation of rural local councils combined with a
legislative rule that denied rural areas access to urban revenues resulted in these
areas becoming increasingly dependent on the provincial tier for service delivery.
Evolution of the Local Government Structure 1985-1999: The revival of
elected provincial and Federal governments in 1985 reinforced the localization of
politics that had begun with the 1979 local bodies’ elections. The dominance of
these revived assemblies by local bodies’ politicians17 helped transplant the
culture of local body politics to the provincial and national levels (Wilder 1999).
This tendency was reinforced by the non-party nature of the 1985 assemblies and
governments, which ‘personalized patronage18 as elected government ministers
began to use development funds to increase their individual chances of
reelection.19 Moreover this personalization of politics did not reverse despite the
revival of party-based Federal and Provincial Assemblies and governments in
1988. The persistence of this tendency is partly an outcome of weakening party
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organizations, which is due to adverse de jure and de facto measures instituted by
the Bhutto and Zia regimes (Wilder 1999).
Furthermore, the absence of political linkages between different tiers of
government, which was an outcome of the non-party basis for politics, created
tensions between provincial and local politicians with the local tier being viewed
as a competing structure of ‘patronage’ (Wilder 1999). The ‘tension’ between the
province and local governments was exacerbated because of the federal
government’s encroachment upon provincial functions, which was seen as a way
to weaken the purview of the provinces (World Bank 2000). This created a lack of
‘political ownership’ with regard to the local tier that resulted in a number of
serious consequences. ‘Discretionary’ special development programmes became
widespread at the higher tiers and became an effective means for federal and
provincial politicians to obtain unaudited control over local level development
allocations (AERC 1990, Nasim 1999, World Bank 2000). Moreover, the
concentration of buoyant revenues in the hands of the Federal and provincial
governments20 constrained the financial capacity of local governments prompting
the Provinces to play an ever increasing role in service provision, especially post
1990.21 Finally, this tension between provincial and local tiers resulted in the
suspension of local bodies between 1993 and 1998 and as before, in the period
immediately following independence, somewhat paradoxically it was democratic
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forces at the provincial and higher levels that pushed for a retrenchment of local
governments and further centralized expenditures functions in the higher tiers of
the state.
3. The New Devolution Of Power Plan
This section gives an overview of the current decentralization reforms introduced
as the “Devolution of Power” Plan by General Pervaiz Musharraf in January 2000
and implemented after a series of local government elections that ended by
August 2001.
There are several aspects of the reform that are worth highlighting. First,
in addition to devolving administrative and expenditure responsibilities to local
governments, the decentralization involved, to differing degrees, changes in the
administrative level of decision making, the accountability of the decision making
authority (political or bureaucratic) and the nature and amount of fiscal resources
available.22 Second, the decentralization process was not uniform across all
functions, with significant heterogeneity in its extent not only across
administrative departments but also across services within a department. Finally,
the reform took place fairly rapidly and under military rule and hence at the time
when no provincial and federal elected governments were in power. As a result its
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implementation is still in a process of flux and is undergoing changes. While one
can foresee some of these changes, a note of caution needs to be raised in taking
any description of the current decentralization as final.
Overview:
With this caveat in mind we start with a very stylized description of the
devolution plan. In a nutshell, the devolution process substantially restructured the
sub-provincial (district and below) government structure (Figures 8.1 and 8.2).
We highlight the major changes brought about by the current devolution plan:
• Engendering Electoral Accountability: Under the recent reforms, a
new elected government has been created at the district level
headed by an elected nazim (Mayor) and the district administration
head, the District Coordination Officer (DCO) reports directly to
the elected head of the government. This is a significant departure
from the previous system where the de facto head of the district
administration, the Deputy Commissioner (DC), reported to the
non-elected provincial secretariat.
• Reducing Bureaucratic Power: The recent reforms are an attempt
to curb bureaucratic power by abolishing the office of the DC. In
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addition, the new head of district administration, the DCO, no
longer retains the executive magistracy and revenue collection
powers of the old DC.
• Greater presence and scope of elected government at local level:
While local governments did exist in periods prior to devolution,
they did not have any significant role as these local governments,
especially in rural areas, were practically inactive23 and more
importantly, because most of the state functions were carried out
by the provincial bureaucracy Post-devolution, the vast majority
of public services that were previously under the purview of the
deconcentrated district administration, have been transferred to
elected local governments. As a result, the scope of local
governments in terms of the services they are responsible for and
how they allocate district level expenditures across services
increased substantially post-devolution (Cheema, Khwaja and
Qadir 2005).
• Changed local electoral processes: Prior to devolution, members of
urban local councils and district councils were directly elected, and
then they elected the heads of their respective councils. Under
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devolution, both the members and heads of the lowest level of
government, the union council, are elected through public vote as
before. However, interestingly enough the new legislation has
created inter-governmental political linkages by ensuring that the
majority (two-thirds) of the members of the Tehsil and district
councils are these elected heads. The remaining one-third members
of district and tehsil councils and the heads of district and tehsil
governments are elected indirectly by the directly elected unioncouncil
members. Thus in particular, the head of the district
government, the District Nazim, need not command a majority of
the public vote in a district but rather a majority of the union
councilors and union nazims elected in the district (Cheema,
Khwaja and Qadir 2005). Another important electoral change has
been a significant increase in reservation for peasants and women
with a total of one-third seats reserved for both as compared to 5%
and 10% in the district councils previously.
• Limited Constitutional Support: Despite the new local government
structure Pakistan is constitutionally still a two-level federal state
i.e. the local governments are not recognized as the third tier of
government by the 1973 Constitution. The 17th Constitutional
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Amendment provides limited protection to the local governments
for a period of only six years during which provinces can make
changes to the local government legislation with the concurrence
of the President.
• Provincial to Local decentralization with no Federal
decentralization: Equally importantly, devolution involved a
transfer of provincial powers and responsibilities to the district and
lower levels of governments but interestingly enough, no
decentralization of any federal powers to either the provincial or
local levels.24
• Uneasy integration between Provincial/Federal and District level
elected governments: Whereas prior to devolution, there was no
significant link between the elected provincial/federal and the local
governments, it did not matter since most of the state services were
provided through the deconcentrated provincial administration
which was indirectly responsible to the provincial elected
representatives. However, post-devolution, the elected local
government was transferred a large proportion of these services.
Given that the devolution process took place at a time when there
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was no provincial/federal elected government and the local
government elections were held on a non-party basis, no effort was
made to integrate the newly elected local government with the
soon to be elected provincial/federal governments. This has
resulted in an interesting but not so surprising conflict between the
local and provincial/federal elected representatives which we will
address more explicitly in the next section.25
Characterizing Devolution:
While the previous overview provides an illustration of the changes brought about
through the current decentralization process, it misses some of the interesting
details. In this section we elaborate on some of these aspects.
Since the primary goal of a state is to provide public goods and services to
its constituents, a useful way to categorize the devolution process is in terms of
the changes in administrative level, accountability, and fiscal resources available
to these services. To this end we carried out a detailed exercise of mapping out the
extent of devolution, at least as envisaged on paper, under the local government
ordinances. Moreover, for select departments this mapping was tallied with actual
practice by conducting detailed interviews with members of these departments.
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While presenting the details of this mapping is beyond the scope of the current
paper, we will use examples from this exercise to illustrate the type of changes
brought about by devolution and the heterogeneity in these changes both across
and within different departments.26
3.1 Level Changes
These are changes where a particular service is still decided by a similar agent
(bureaucrat or politician) but at a different level in the government hierarchy as
compared to before. While theoretically all types of changes are possible,
devolution has primarily involved the following:
A. Province to Province: For the sake of completeness we start with instances
where there has been no change in the administrative level. This can happen either
because:
i. An entire department is not devolved. Examples include
departments like Irrigation, which has not been devolved because
of significant interjurisdictional spillovers.
ii. Certain activities in a department have been retained at the
provincial level. For example university education has remained a
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provincial subject despite most of the remaining educational
services having been devolved to the district level
iii. Certain budgetary heads of expenditures have effectively been
retained at the provincial level. The most important example is
salary and allowance expenditures of all department employees.
Since most employees in the administrative departments remain
provincial employees, the district cannot create or reduce posts or
adjust their salary structure and therefore, a large fraction of the
district budget is fixed.27 Thus for departments where a large
fraction of the current expenditure incurred is on salaries, such as
the Education department which spends around 90% of its nondevelopment
budget on salaries, this is a significant factor limiting
the extent of decentralization.
B. Province to District: This is the most common and significant change whereby
the budgeting, planning and development functions related to services that were
previously decided at the provincial level have now been devolved to the district.
Since a large part of these activities were decided at the provincial level before,
this has entailed devolution of administrative level i.e. before these decisions were
based primarily on the Provincial Secretariat and the Provincial Cabinet. Now the
analogous decision-makers are at the district - the District Nazim, the Executive
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District Officer Finance and Planning and the Executive District officer of the
relevant line department.
C. Urban/Rural Local Council to Tehsil: This level change involves spatial and
functional integration as several of the services that were previously the domain
of urban or rural local councils have been integrated at the Tehsil level. Among
others, these include key municipal services such as water supply, sewerage,
sanitation, drainage schemes and street lights.
3.2 Accountability Changes
These are changes where a particular service is now decided by an agent who
differs in his accountability to the public. In particular, devolution brought such
an accountability change primarily at the district level. Whereas prior to
devolution, the deconcentrated provincial bureaucracy at the district level was
accountable to their non-elected provincial secretariat, under the present system
they are accountable to the elected heads of District and Tehsil governments.
Rather than going through illustrations of which services underwent such a
change, it is sufficient to note that any service that was under the purview of the
district officer of a provincial line department and is now placed under the district
government, effectively underwent such an accountability change. That is, the
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ultimate decision maker changed from a provincial government district officer
who reported to the provincial bureaucracy, to an elected Nazim who ultimately is
answerable to his district’s constituents.
The most significant accountability change is that the de facto head of
district administration under the previous system, the deputy commissioner (DC),
used to report to the non-elected provincial bureaucracy, whereas in the present
system the head of the district administration, the District Coordination Officer
(DCO) reports to the elected district nazim. Although it needs to be pointed out
that the authority of the Nazim over the DCO and Executive District Officers
(EDO) is circumscribed in matters of transfers and promotions, which continue to
remain under the purview of the provincial secretariat, and as a result this
accountability change remains circumscribed in both a de jure and a de facto
sense (Manning et. al. 2003).
3.3 Financial Changes
There have been fiscal changes that have accompanied the devolution process
that, while not necessarily directly affecting the allocation of funds to a particular
service, are likely to have an indirect effect on such allocations in so far as they
change the total amount of funds available to each local government.
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Changes in budgetary transfers – Non-discretionary and non-lapsable: A
significant financial change accompanying decentralization has been the
establishment of a ‘rule-based’ fiscal transfer system between the provinces and
the local governments. Previous local government reforms failed to establish an
adequate fiscal transfer system with the result that local councils were unable to
perform even the limited expenditure functions assigned to them (AERC 1990,
Nasim 1999). The non-discretionary intergovernmental fiscal transfer process is
determined by the “Provincial Finance Commission” awards.28 In addition to this
non-discretionary aspect, these budgetary transfers have also changed in that they
are no longer lapsable and continue to be retained by the relevant local
governments. It should be noted though that while the interim Provincial Finance
Commission (PFC) awards have established a rule-based transfer mechanism for
the distribution of the Provincial Allocable Amount between local governments,
the PFCs are yet to establish well defined ‘rules’ for the division of the Provincial
Consolidated Fund between the Province and the local governments even though
this is required by the legislation (Cheema and Ali 2005).
The extent of financial decentralization, however, remains limited, despite
these reforms. Districts governments continue to have the same restricted revenue
collection mandates and are excessively reliant on provincial and ultimately
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federal funds, through the provincial finance commission awards.29 Furthermore,
a significant proportion of district expenditures are “establishment charges”30
which, while incurred by the district, cannot be altered by the district; these
expenditures include salaries of administrative personnel who continue to be
provincial employees and as such the district cannot fire them or adjust their
wages.
Urban-Rural reunification: The integration of urban and rural administrative
areas (at the Tehsil level) also has significant implications on the flow of funds
between urban and rural areas. In particular, until 1999 a major source of revenue
for the urban areas was octroi levied in urban areas for all goods regardless of
whether they were eventually consumed in a rural area.31 This resulted in a
disproportionate access of resources for urban areas. After devolution, however,
there is no longer any rural-urban distinction as both such areas within a tehsil fall
under the jurisdiction of the same tehsil government. In such a case, the resources
for both areas for a given Tehsil are pooled and, in the likely situation that the
rural area has greater voting importance, one may expect to see a correction of the
urban bias in funding and perhaps even a bias towards the rural areas. This issue
is addressed in detail in section 4.
4. The Political Economy Of Decentralization
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The purpose of the first section, other than presenting a history and context of
decentralization in Pakistan, was to help shed light on the political economy of
decentralization, particularly for the most recent reforms under General
Musharraf. In this section we recap some of the salient trends identified in the
previous sections in order to better understand why centralized regimes are
seemingly willing to shed their own powers. Our contention is that the recent
devolution, while more ambitious and broader in scope than previous attempts, is
in several important ways a natural continuation of previous decentralization
attempts and is best understood in light of this context.
4.1 Non-Representative Centres And Local Government Reforms
The central tendency revealed by our historical analysis is that local governments
have been enacted by non-representative regimes to legitimize their control over
the state.32 Legitimacy has been sought by creating a localized patronage structure
that produces a class of ‘collaborative politicians’ who act as a conduit between
local level constituencies and the non-representative centre. This is as true of the
British period as it is of the post-independence period. The difference between
these periods lies in the nature of the non-representative institution that
established its authority over the state. In the pre-independence period it was the
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British imperial state that introduced modern local self government. In the postindependence
period it has been the Pakistani military.
Musharraf’s local government reforms represent a continuity of this
central historical tendency. Unlike attempts at decentralization in some other
countries, which appear to have been motivated more by changes in state ideology
or multilateral pressure, in Pakistan, the military’s need for legitimization of state
control appears to be a prime reason behind the recurring attempts at local
government reform. Multilateral pressure for decentralization in Pakistan had
existed since the mid-nineties (World Bank 1996, 1998). However, no major
attempts at decentralization were initiated by the Pakistani state until General
Musharraf’s takeover in 1999.
A corollary to this central tendency is that local government empowerment
has always been combined with centralization of political power in the hands of
the non-representative centre. The centralization of political power has
undermined representative institutions not only at the level of the centre but also
at the level of the provinces. Each attempt at centralization of political power by
the military during the post independence period has initially involved the
dissolution of elected provincial and federal assemblies and has invariably been
followed by the enactment of a presidential or a quasi-presidential constitution,
409
which preserves the non-representative institution’s role at the centre even after
the revival of representative governments. Centralization of political power has
also involved selective disqualification of political party representatives and at
times outright bans on all or certain political parties. As a result, these attempts at
centralization of political power have considerably weakened the organizational
structure of political parties and have distorted electoral competition at the local,
provincial and central levels.
The Musharraf regime represents another attempt at combining the
empowerment of local governments with the centralization of political power
through the establishment of a quasi-Presidential constitution. General
Musharraf’s Legal Framework Order (2002) as enshrined in the 17th
Constitutional Amendment institutionalizes the role of the military in the centre
by strengthening the powers of the President vis-à-vis the elected Prime
Minister.33 The current attempt at centralization of political power by the military
has again been accompanied by a number of interventions against politicians and
political parties. These interventions include selective accountability and
disqualification of politicians, the enactment of an educational criterion for
electoral candidacy and the creation of a pro-military political party, the Pakistan
Muslim League (Q), which currently retains political power in the centre and in
the Punjab.
410
4.2 “Limited” Local Governments
While all non-representative governments have been the protagonists of local
government reforms, they have not given complete autonomy to these
governments by design. This is perhaps another manifestation of the desire of the
non-representative centre to retain political control over local governments.
Political control was directly exercised by the centre through the bureaucracy
during the British and Ayub periods. Neither the British nor the Zia regimes gave
constitutional cover to the local tier, which reflects the centre’s lack of
commitment to entrench an autonomous and self-sustaining local tier. In addition,
during the Zia period local government reforms were designed to give suspension
power to provincial military governors, which established a credible threat of
removal over local politicians.34 Equally importantly and as we have argued
above, local governments were never financially empowered which weakened
their ability to meet even their own ‘restricted’ expenditure mandates. This was
perhaps a safeguard exercised by the non-representative centre against the
emergence of a politically independent local tier.
Moreover, the current regime has only provided a limited six year
constitutional protection to the reform through the 17th Constitutional
411
Amendment. As discussed in section 3, the financial autonomy of the new local
governments also remains circumscribed both on the revenue and expenditure
side. It is therefore unclear whether the long term sustainability of the reform is
ensured in light of both the limited financial autonomy and constitutional
protection especially given the lack of political ownership of these reforms (see
the next section).
4.3 Distortions And Conflicts In Politics– Local Governments Versus The
Province?
Not surprisingly, given the central tendency identified above, non-representative
designers of local government electoral processes have invariably placed a series
of limitations on organized political representation which has distorted electoral
competition at the local level. The most extreme limitation was placed during the
early British period when local government members were nominated by the
centre, a rule designed to undermine local electoral competition. All military
governments, including the current regime, have required local government
elections to be held on a non-party basis. A likely objective of this measure has
been to weaken the presence of opposition political parties at the local level.
Under the Zia regime, successful candidates with a Pakistan People’s Party (PPP)
affiliation were disqualified on different pretexts in the 1979 local bodies’
412
elections (Wilder 1999). Similarly, recent press reports indicate that candidates
with opposition party affiliations, who were successful in Southern Punjab and
rural Sindh, were pressurized to withdraw their party affiliations. Opposition
politicians have interpreted these interventions as a means to create a competing
class of collaborative politicians and to weaken the base of political parties at the
provincial level.
The non-party basis of local government elections has invariably ended up
weakening political linkages between elected provincial governments, which have
tended to be party based, and local governments. Political parties, when in
government at the provincial and federal levels, have tended to view local
governments as a competing tier of ‘patronage’ (Wilder 1999) and as a result they
have not made any attempt at empowering the local government system. If
anything, they have tended to suspend and/or abolish established local
governments when in power. Thus each elected federal government which has
followed the military regimes that introduced local governments, has at the very
least ignored these local governments and often suspended them altogether. This
antagonistic relationship between local and provincial governments also arises
because local government reforms are perceived as a way to weaken the authority
and the delivery functions assigned to provincial politicians without a
413
commensurate compensation in the form of devolution of powers and resources
from the federal to the provincial level.
These provincial-local government tensions have heightened during the
current reform period35. Among other reasons this is because no attempt was
made to build political ownership of these reforms amongst elected provincial
governments. This is in part because local government reforms, which represented
a major reassignment of provincial functions and resources to the local tier, were
enacted prior to the establishment of elected provincial governments. Local
governments were again legally empowered in the absence of elected provincial
governments, despite the fact that local government is a provincial subject under
the 1973 constitution. Given this history and the fact that the powers, authorities
and resources of elected Members of the Provincial Assemblies (MPAs) have
been significantly curtailed by the current system, it is not surprising that there is
poor ownership of the local government system amongst provinces and some of
the major political parties. In fact, in Sindh and NWFP there have been open
conflicts between the two tiers (Manning et. al. 2003), which have been managed
through the intervention of the Federal government. Even in the Punjab, where the
PML (Q) is in power, it is unclear whether MPAs have tendered widespread
acceptance of the present system.
414
4.4 The Role Of The Bureaucracy
The historical analysis shows that there has been a change in the tendency of nonrepresentative
centres to use the bureaucracy to control local governments.
Bureaucratic control over local governments was most explicit during the British
and Ayub periods. The Zia regime circumscribed direct bureaucratic
representation in local governments, which resulted in greater autonomy for the
elected tier at the local level. The Musharraf regime has furthered this trend
through two means: First, it has considerably weakened the provincial
bureaucracy by reassigning a large proportion of their functions to elected local
governments and by abolishing the office of the deputy commissioner. Second,
and more importantly, are the accountability changes brought about by the present
system whereby the provincial bureaucracy at the local level has been made
accountable to the elected heads of district and Tehsil Municipal Administration.
It needs to be pointed out that the weakening of the provincial bureaucracy is
circumscribed as the provincial secretariats still retain considerable administrative
authority over district bureaucrats (Manning et. al 2003), which at times has been
used to trump the authority of the Nazim, even though the relative de jure
bargaining power between the district bureaucracy and the Nazim has been tilted
in favour of the latter.
415
The historical evidence thus suggests a trend towards loosening
bureaucratic control of local governments and Musharaf’s reforms have been the
most radical in this regard.36 However, it is unclear that the de jure shift in
emphasis towards elected representatives vis-à-vis the bureaucracy has been
matched by their substantive de facto empowerment. In fact, even during the
current reforms the relationship between the bureaucracy and elected heads of
local governments remains unchartered and at times highly conflictual. Manning
et. al. (2003 , pg. 51) argue that local governments continue to have little de facto
control over the appointment, transfer and firing authorities of local government
bureaucrats and in particular the new heads of local administration and the line
departments, i.e. the DCOs and EDOs respectively.
4.5 Rural -Urban Dynamics
Our analysis shows the existence of a strong rural bias in central and provincial
government policies during the British period in an effort to maintain social order
among the majority rural population. We have also argued that Ayub in part
reflected a similar rural bias by increasing the share of targeted provincial and
federal development resources in favor of rural areas, which reversed the urban
bias in the provision of these resources that had arisen during the fifties. This
preference is not surprising given that the rural areas formed a majority in Ayub’s
416
Electoral College. However, while Zia ul Haq continued the rural-urban divide at
the local level, interestingly in his period this meant a relative tilt in favor of
urban local governments as increasing urbanization during this time resulted in
significant relative increases in per capita tax income of urban local councils as
compared to rural councils. In Zia’s case this appears to be an attempt to
accommodate the interests of the urban middle classes that had formed the core of
the anti-PPP movement. Thus in general, these changes appear to reflect the
political judgment of the non-representative centre at particular historical
junctures regarding the relevant political population that needed to be
accommodated to deliver sustained political support at the local level. This
judgment is apparently based on the numerical importance of a population and by
the ability of mobilized groups to impose heavy electoral, political and disruption
costs on the state.
What is important is that the judgment of different regimes regarding the
political importance of rural and urban areas appears to have differentially
benefited these areas in terms of public spending at different levels of the state.
We have shown in Section 3 that the current plan has reversed the trend set under
the previous regimes as it has legislatively eliminated the rural-urban divide in
local governments by integrating urban and rural local councils at the Tehsil level
and by ensuring that a rural-urban distinction is not present within district
417
governments. While the reasons behind the reversal of the rural-urban divide
under the current reforms are not obvious, given that the previous rural-urban
proclivities all reflected the changing importance of urban/rural constituents in
harnessing local support and legitimacy, it is likely that the same reasons are at
play.
Thus it is plausible that the current decision to eliminate the rural-urban
divide is partly explained by socio-demographic changes that have taken place in
Pakistan since the eighties. Recent demographic work (Ali 2003) indicates that
Pakistan’s primary cities have emerged as major urban systems, with their rural
suburbs or “peri-urban” settlements integrated into the city economies. This
phenomenon is most apparent in Central Punjab’s heartland where contiguous
districts, comprising major cities, medium sized towns and peri-urban settlements
have formed into a significant population agglomeration that has increased its
political and economic importance (Ali 2003). More importantly, approximately
half of this population resides in peri-urban settlements that had not been
recognized as “urban” under the previous local government system, a legislative
rule that denied them access to the administrative benefits associated with urban
local councils such as Octroi revenue and better delivery of municipal services.
The integration of urban and rural councils into Tehsil administrations will
418
certainly benefit this population by creating tehsils where the peri-urban vote is in
a majority.
In general however, the effects of eliminating this urban-rural
administrative distinction are not as simply classified: while we have argued
above that in Central Punjab this was likely to favor peri-urban areas, in the more
agrarian regions, such as Sindh and Southern and Western Punjab (Gazdar 1999),
this change is likely to benefit rural areas due to their majority rural vote as the
relatively economically prosperous urban areas will now have to share the
benefits of their incomes with their rural and peri-urban hinterlands.37 In this
sense the Musharraf system is more flexible in that it allocates relative power to
whatever demographic group is in majority in the local area.
5. Concluding Thoughts
This paper has argued that in order to understand the current decentralization in
Pakistan it is imperative to view the reform in the historical context of previous
such reforms. In particular, a continuing theme that emerges in this context is that
these reforms have somewhat paradoxically been brought about by nonrepresentative
regimes such as the British during the pre-independence period and
the military during the post-independence period. In fact each of the three military
419
regimes in Pakistan has implemented local government reforms and each political
government that has followed has undermined these reforms or at best simply
ignored the local governments. These reforms have all involved decentralizing
from the Province to local levels but often a recentralization at the Federal levels.
Our interpretation is that these reforms have been used as a means for a nonrepresentative
centre to gain legitimacy by by-passing the political agents at the
provincial and national levels.
Moreover, the conflict between the provincial representatives and local
governments we have highlighted does not bode well for the future of the current
decentralization program. Already, with an elected provincial and national
government in place, we have begun to see conflicts arising between the province
and local governments. However, what is different about the current
decentralization reforms is that they have gone much further in terms of their
extent and scope. While the local governments still have little revenue raising
abilities, and have effectively limited ability to decide their expenditures given
that the majority expenditure is in the forms of fixed “establishment costs”, the
delivery of most public services has now come under their purview. While these
local governments’ future is still uncertain given their time-bound constitutional
protection, their limited financial support and conflict with the provincial
governments, what is clear is that if they remain, we are likely to see an impact on
420
the delivery of these public services. Whether this will be for the better, as local
governments may become more accountable to the general public, or for the
worse, if local governments fall into patronage and “biraderi” politics, remains to
be seen.
Notes:
* The authors would like to acknowledge invaluable research assistance provided
by Usman Talat, Mariam Mufti and Ali Fareed Khwaja. We would like to thank
Daron Acemoglu, Mahmood Hasan Khan, Reza Ali, Haris Gazdar, Shandana
Mohmand, and Anjum Nasim for their comments. This work would not have been
possible without support from the CIDA funded LUMS-McGill Social Enterprise
Development Programme.
1. We are referring to areas of India that came to constitute Pakistan.
2. The district was the principle unit of government in Colonial India.
3. For details of this transition see Cheema, Khwaja and Qadir (2005)
4. For details of the system see Cheema, Khwaja and Qadir (2005)
421
5. Articles 155, 158 and 229 of the 1962 Constitution.
6. In the 1965 Presidential election, Ayub secured most of his votes from rural
areas while urban areas mostly went against him because Ayub’s local
government system placed rural representatives in a majority (Rizvi 1974).
7. “The Rural Works Programme had been evolved in 1961 to utilize the
concealed unemployment in the agricultural sector through the institutions of
Basic Democracies” (Amjad and Ahmed 1984).
8. See Cheema, Khwaja and Qadir (2005) for details.
9. We would like to thank Mr. Reza Ali for bringing this point to our notice.
10. For details of Zia’s local government structure see Cheema, Khwaja and Qadir
(2005).
11. During the Zia regime an area was classified as urban (as given in the 1981
Census) if it had the administrative status of Municipal Corporation, municipal or
422
town committee or cantonment board regardless of its population size. This was a
departure from the previous system which combined the administrative criterion
with a population criterion and gave census commissioners discretion to declare
an area urban if they felt it had “urban characteristics” (Ali 2002). Therefore, our
use of the term “urban” implies administered urban areas.
12. Octroi was a tax on goods imported into municipal limits for production or
consumption. Before it was abolished by the federal government in 1999/2000,
octroi had been the biggest source of revenue for urban councils, contributing on
average 50-60% of these councils’ income. In Punjab and Sindh the Octroi was
biased in favour of larger urban councils (Nasim 1999, World Bank 2000).
13. For example, in the Punjab the average per capita octroi receipts for urban
local councils were Rs. 74.5 in 1985. In the absence of the urban-rural divide the
per capita octroi revenue for rural and urban areas would have fallen to a meager
Rs. 19 (AERC 1990).
14. For example, Wilder (1999). Hasan (2002) argues that the increasing
importance of urban middle classes in Punjabi politics, during the seventies and
eighties, is underpinned by socio-economic changes that made agriculturalists
423
dependent on mandi (market) arhtis (middlemen) and their transporters who
controlled credit as well as the access to mandis with the connivance of the
bureaucracy.
15. The anti-Bhutto coalition in 1977 included: middlemen; traders and shop
keepers from Punjab’s mandi (market) towns; small and large industrialists; and
urban professionals (Noman 1988, Wilder 1999). For details see Cheema and
Mohmand (2003).
16. This situation was somewhat rectified post 1990 because more items were
placed on the District (export) Tax list during the eighties and because of the
adoption of tax farming for collection purposes (AERC 1990). This is shown by
Table 8.1, which shows a narrowing of the gap between rural council and urban
council per capita incomes in the Punjab during the 1990-95 period.
17. For example nearly 50% of the elected members of the Punjab Provincial
Assembly were sitting local councilors (Niazi 1994).
18. The term personalized politics describes the tendency among powerful
ministers to use state resources to capture influential: party-, biradari424
(community), quam- (tribe or nation) and/or zat (caste) based local factions.
Keefer et. al. (this volume) analyse the effect personalized politics has on service
provision outcomes.
19. As one minister put it during the 1985 National Assembly’s first budget
session, “We don’t have one party, or ten parties....; we have two hundred parties.
Each member of the assembly considers himself responsible only to himself (Haq
1985).
20. Over 96% of Pakistan’s revenue was controlled by the Federal and Provincial
governments in the last two decades (World Bank 2000).
21. Data shows that the ratio of municipal corporation per capita income (the
richest tier of local governments) to provincial per capita income decreased from
0.78 in 1990 to 0.32 in 1995.
22. These reforms were brought about through a new local government ordinance,
a new Police Order (2002) and abolition of executive magistracy through
amendments in relevant laws.
425
23. Even these limited local governments were mostly suspended during the
1990s so in fact prior to the current devolution there were no elected
representatives at the local level and their powers were exercised by provincial
bureaucrats as local government administrators.
24. The National Reconstruction Bureau established the Higher Government
Restructuring Committee in 2001 to suggest devolution of powers from the
Federal to the Provincial level. However, no concrete steps have been taken on
this front as of today.
25. Also see Cheema and Mohmand (2003).
26. For a detailed rendering see Cheema, Khwaja and Qadir (2005).
27. In the Punjab, district governments are empowered to create contractual posts
provided they fund them from own source revenues and are able to obtain the
“concurrence” of the provincial finance department.
28. For details see Manning et. al. (2003) and Cheema, Khwaja and Qadir (2005).
426
29. Manning et. al. (2003) show that the legislatively mandated transfers of the
Provincial consolidated fund to local governments amounts to less than 25%.
They also show that provincially controlled programmes still account for 30% to
60% of local governments’ development expenditure. Also see Keefer et. al. (this
volume).
30. Manning et. al’s. (2003) six district study shows that the salary component in
total district expenditure in their sample districts ranged from 82% to 94%. Also
see Keefer et. al. (this volume).
31. Octroi and Zila tax were abolished in 1999.
32. An alternative explanation would be the military’s need to create a local level
preference aggregation mechanism that could effectively reveal the demands of
civil society in the absence of elected higher tiers of government. We would like
to thank Daron Acemoglu for suggesting this point. However, the legitimacy and
demand aggregation explanations need not be mutually exclusive.
427
33. Substantive powers include the revival of article 58-2(b) which empowers the
president to dissolve the elected assemblies.
34. For example see section 29 of Punjab LGO (1979).
35. It is, therefore, not surprising that the Punjab Province’s most important recent
initiative, the Punjab Education Sector Reform Programme, mandates MPAs to
select primary and secondary school schemes even though these services have
been devolved to the district.
36. Cheema, Khwaja and Qadir (2005) provide a political economy explanation
for the historical trend towards loosening bureaucratic control.
37. Interestingly, despite the NRB-Local Government Plan’s (2000) explicit
recognition that there was a case for declaring the city areas in at least 11 districts
of Pakistan as City Districts, the Musharraf regime chose to only declare the four
Provincial Capitals as City Districts. This effectively gave the rural areas and
rural politicians of the remaining 7 districts a claim over the resources of the
larger and richer urban areas.
428
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