The constitutional bench of the Sindh High Court (SHC) on Tuesday issued notices on a petition filed by Jamaat-e-Islami (JI) against the Sindh Solid Waste Management Board (SSWMB) and sought replies from the respondents. During the hearing, counsel for the petitioner Advocate Usman Farooq argued that under Article 140-A of the Constitution, powers must be devolved to local governments. He maintained that the SSWM Board Act is in conflict with the Constitution and that local bodies have already been recognised by superior courts as the third tier of governance.
Petitioner's Arguments
The petitioner's counsel contended that interference in municipal functions amounts to weakening of democratic institutions. He further argued, citing Supreme Court judgments, that provincial governments cannot encroach upon the constitutional domain of local governments. The bench, comprising Justice Muhammad Karim Khan Agha and Justice Adnan-ul-Karim Memon, issued notices to the provincial law officer and the SSWMB, directing them to submit their replies by the next hearing.
Legal Context
Article 140-A of the Constitution mandates the establishment of local government systems and the devolution of political, administrative, and financial responsibility to them. The petitioner asserts that the SSWMB Act undermines this constitutional provision by centralizing solid waste management functions, thereby stripping local bodies of their legitimate authority. The case is expected to have significant implications for the balance of power between provincial and local governments in Sindh.
