LOCAL GOVERNMENT
THEMES WE WILL STUDY IN THIS CHAPTERS-
1.Why local government are important for a common man?
2. Growth of local government in India
3. 73rd and 74th Amendment Act and it's implementation
4. State Election commission
5. State finance commission
✓The Constitutional status to Local Government Institutions were given in 1993.
✓ Local Government refers to at district and village level and is closest to common people.
✓ Local Government is better aware of local problems, their interests, people are aware of their leaders and easily connect to them.
✓ All these factors results in more active participation of citizen at this level in decision making relating to their daily lives.
✓ Local Government also ensures better accountability, as people are closely related at rural level.
Growth of Local Govt. in India
Self- governing Village Communities has existed in India from ancient times, like in form of Sabha’s (Village Assemblies), later the conception of Panchayat (Assembly of Five person) at village level.
After 1882, Elected Local Government came in Colonial India, under Viceroy of India, Lord Rippon. These were called as local boards.
Govt. of India Act 1919 caused the establishment of village panchayats in few provinces, which further continued with Govt. of India Act, 1935.
Mahatma Gandhi along with Indian National Congress, strongly pleaded for the decentralization of economic and Political power. It aimed at self-sufficient villages and their participation in the governance.
Local Government was immediately not taken up after India’s Independence for two reasons:
1) Partition Violence and need was felt for more Unitary Government.
2) Factionalism and Casteism which was dominant in villages of India at that time would have undermined Local Government.
Local Govt. in Independent India-
73rd and 74th Constitution Amendment Acts resulted in a boost for local government.
Firstly, Community Development Programme, 1952, increased participation of people in local development.
It recommended 3-tier Panchayati Raj System - for rural areas.
States like Gujarat and Maharashtra adopted system of elected local bodies in 1960s.
The system of local bodies didn't suit every state. They depended on State and central govt. for financial assistance
Mode of election followed for Local Bodies was both direct and indirect elections and the tenure of local Bodies was also not fixed.
In many states, elections to the local bodies were postponed from time to time.
A thorough review of the functioning of local govt. institutions was initiated in 1987.
Later, in 1989, P.K. Thungon Committe recommended constitutional recognition for the local govt. Bodies.
After the amendment, Local Government institutions were provided with periodic elections, and appropriate functions and funds were enlisted to them.
It was introduced in 1989 and passed in 1992 but came into force in 1993.
It aimed at strengthening local govt. and ensure an element of uniformity in their structure and functioning across the country.
73rd Amendment - about rural local governments (Panchayati Raj Institutions)
74th Amendment - related to urban local govt. (Nagar palikas)
States were free to make their own laws.
Afterwards States had to change their laws about local bodies to facilitate to the amended Constitution within an year.
Changes brought by 73rd amendment in Panchayati Raj Institutions (PRI)
1.
2.Base comprises of 'Gram Panchayat' - covers a village or group of villages
Intermediary level is the Mandal (Block, Taluka) - called Mandal/Taluka Panchayats
Apex is the Zilla Panchayat - covers the entire rural area of the District.
3. The amendment made a provision for the mandatory creation of the Gram Sabha.
Gram Sabha comprises of adult members registered as voters in Panchayat area.
5. The members at 3 levels are elected directly by the people.
6. The term of each Panchayat body is 5 years.
7. In case the State govt. dissolves the Panchayat before the end of its 5 year term, fresh elections must beheld within 6 months, to ensure the existence of elected local bodies.
Reservations
✓ About reservations, one third of the positions are reserved for women.
✓ SC and ST are provided reservation in proportion to their population.
✓ OBCs can also get reservations if States find it necessary.
✓ The reservations are open for the positions of Chairpersons.
✓ 1/3rd of women' reserved seats is not only for general category, but all categories.
Transfer of Subjects-
✓ State list of subjects went through a huge change.
✓ 29 subjects were identified and listed in the 11th Schedule of the Constitution. These subjects were transferred to the Panchayati Raj Institutions.
✓ Subjects are mostly linked to development and welfare functions at local level.
✓ These transfer of functions depends largely upon State legislation
✓ Areas inhabited by the Adivasi populations weren't affected by the provisions of the 73rd amendment.
✓ In 1996 a separate act was passed for the extension of provisions of the Panchayat system to these areas.
✓ The new act protects the rights of Adivasi communities, who sees forests and small water reservoirs as their common resources, in ways acceptable to them.
✓ In this regard more powers were given to Gram Sabha’s.
✓ The acts aims to protect the local traditions of self-govt. while introducing modern elected bodies.
✓ All for the spirit of diversity and decentralization.
State Election Commission
≠ State govt. is required to appoint a State Election Commissioner.
≠ The commissioner would be responsible for conducting elections to the PRIs.
≠ Prior to the amendment, the task was performed by State administration which was under the control of the State government.
≠ Now, the office of commissioner is autonomous.
≠ The commissioner is an independent officer and isn't under anyone's control.
State Finance Commission
State govt. is also required to appoint a State Finance Commission once in 5 years.
It reviews the distribution of revenues between State and local government, and b/w rural and urban local govt. too.
It ensures that allocation of the funds to the rural local govt. will not be a political matter.
CHANGES BROUGHT BY 74TH AMENDMENT IN NAGARPALIKAS-
Nagarpalikas, or urban areas, must have these:
1) a minimum population of 5,000.
2) At least 75% of male working population engaged in non-agricultural occupations.
3) Density of population at least 400 persons per sq. km.
31% of India's population lives in urban areas, as per 2011 Census.
74th amendment, works the same way as 73rd amendment, except it applies to urban areas.
Direct elections, reservations, transfer of subjects, State Election Commission and State Finance commission are a part of 74th amendment as well.
List of functions from State govt. are also transferred to urban local bodies, and listed under 12th schedule of the constitution.
IMPLEMENTATION OF 73RD AND 74TH AMENDMENTS-
India, today, has more than 600 Zila Panchayat, about 6,000 Blocks, 2, 40,000 Gram Panchayats in rural India.
For urban India, there are 100 city Corporations, 1400 town Municipalities, and over 2000 Nagar panchayats.
More than 32 lakh members are elected to these bodies every 5 years, of which 13 lakhs are women.
However, less than 5000 elected representatives makes up for State Assemblies and Parliament.
The creation of local institutions creates an atmosphere/platform for people's participation in govt.
A large no. of women have come to occupy important positions in local bodies due to the provision for reservation for women. There are at least 200 women Adhyakshas in Zilla Panchayats, another 2000 women who are Presidents of the block or taluka panchayats and more than 80,000 women Sarpanchas in Gram Panchayats.
For urban bodies, there are more than 30 women Mayors in Corporations, over 500 women Adhyakshas of Town Municipalities and nearly 650 Nagar Panchayats headed by women.
Women’s presence in these institutions motivates active participation of more women and also brings a new perceptivity, and greater sensitivity.
It enables women to assert their presence, instead of living in male family member's shadows.
Indian population has 16.2 per cent Scheduled Castes and 8.2 per cent Scheduled Tribes, of which about 6.6 lakh elected members in the urban and local bodies hail from these two communities.
With the aid and diverse no. of representatives, local bodies have become a representative of the social reality.
This also leads to the tussle, mainly b/w dominant social group who do not wish to give up their power, to the less influential social group.
The 29 subject assigned to the amendment are related to the functions linked to local welfare and development needs.
Despite the autonomy provided by the act, many local govt. enjoy limited autonomy as many States have not transferred enough subjects to the local bodies, resulting in them functioning in ineffective manner.
The exercise of election at the local government have become mere symbolic.
CRITICISM of 73rd AND 74th AMENDMENT
73rd and 74th amendment are criticized by few for not changing the decision making power of central and State level.
Limited power is assigned to local level for choosing welfare programs or allocation of resources, despite the existence of the amendments.
Local bodies have very little funds of their own. The dependence of local bodies on the State and central governments for financial support has greatly eroded their capacity to operate effectively.
While rural local bodies raise 0.24% of the total revenues collected, they account for 4% of the total expenditure made by the government. So they earn much less than they spend. That makes them dependent on those who give them grants.
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