LOCAL GOVERNMENTS
Why Local Governments?
Case Study : Geeta Rathore was elected Sarpanch to Jamonia Talab Gram Panchayat, Sehore district, Madhya Pradesh in 1995 on a reserved seat. She harnessed the collective energy of her Panchayat to renovate water tanks, build a school building, construct village roads, fight against domestic violence and atrocities against women, create environmental awareness, and encourage afforestation and water management in her village. Later in 2000 she was elected again, this time on a non-reserved seat.
This story is representative of a larger transformation that is taking place across India especially after constitutional status was accorded to local government institutions in 1993.
Local government is government at the village and district level and is about government closest to the common people.
It involves the day-to-day life and problems of ordinary citizens.
Local knowledge and local interest are necessary for efficient and people-friendly administration.
It is convenient for the people to approach the local government for solving their problems both quickly and with minimum cost. For example proactive work of Geeta Rathore in solving the problems of her village.
Common people are more familiar with their local government than with the government at the State or national level and the functioning of local government directly affects them.
Thus, strengthening local government is like strengthening democratic processes.
Growth of Local Government in India
Village assemblies and Panchayats have been present in India since early times. Their role and functions kept on changing at different points of time.
Pre Independence Stage
- In modern times, elected local government bodies were created after 1882 by Lord Rippon.
- After demands by the Indian National Congress, village panchayats were established in a number of provinces under the Government of India Act 1919.
- This trend continued after the Government of India Act of 1935.
During Independence
- During the freedom movement, Mahatma Gandhi had strongly pleaded for decentralisation of economic and political power.
- Panchayats were looked upon as instruments of decentralisation and participatory democracy.
- For our leaders, independence meant an assurance that there will be decentralisation of decision making, executive and administrative powers.
- But the turmoil due to the Partition resulted in a strong unitary inclination in the Constitution.
- Dr. B.R Ambedkar pointed out that the faction and caste-ridden nature of rural society would defeat the noble purpose of local government at the rural level.
- But every member accepted the importance of people’s participation in development planning.
- Thus, when the Constitution was prepared, the subject of local government was assigned to the States for them to take a decision on the devolution of powers based on their circumstances.
Local Governments till 1992
- Community Development Programme in 1952, sought to promote people’s participation in local development in a range of activities.
- Some States (like Gujarat, Maharashtra) adopted the system of elected local bodies around 1960. But in many States those local bodies did not have enough powers, functions and funds to look after the local development.
- Elections for the local bodies were irregular.
- In 1989 the P.K.Thungon Committee recommended constitutional recognition for the local government bodies. It recommended periodic elections, devolution of functions and funds to these local bodies.
73rd and 74th Constitutional Amendment
- In 1992, the 73rd and 74th constitutional amendments were passed by the Parliament.
- The 73rd Amendment is about rural local governments (which are also known as Panchayati Raj Institutions or PRIs) and the 74th amendment made the provisions relating to urban local government (Nagarpalikas).
73rd Amendment:
- It made following changes : All States now have a uniform three tier Panchayati Raj structure which consist of Gram Panchayat, Mandal or Taluka Panchayat and Zila Panchayat.
- The amendment also made a provision for the mandatory creation of the Gram Sabha. The Gram Sabha would comprise all the adult members registered as voters in the Panchayat area.
- All the three levels of Panchayati Raj institutions are elected directly by the people for a term of five years. If the State government dissolves the Panchayat before the end of its five year term, fresh elections must be held within six months of such dissolution.
- One third of the positions in all panchayat institutions are reserved for women. Reservations for Scheduled Castes and Scheduled Tribes are also provided in proportion to their population. If the States find it necessary, they can also provide for reservations for the other backward classes (OBCs). These apply for members as well as for chairpersons of these bodies.
- Twenty-nine subjects, which were earlier in the State list of subjects, listed in the Eleventh Schedule of the Constitution which are to be transferred to the Panchayati Raj Institutions. Each State decides how many of these twenty-nine subjects would be transferred to the local bodies.
- These provisions were not made applicable to the areas inhabited by the Adivasis. In 1996, a separate act was passed extending the provisions of the Panchayat system to these areas. The new act protects the rights of these communities to manage their resources.
- The State government is required to appoint an independent office of State Election Commissioner who would be responsible for conducting elections to the Panchayati Raj institutions.
- The State government is also required to appoint a State Finance Commission once in five years.
74th Amendment
It made following provisions : In many ways the 74th amendment is a repetition of the 73rd amendment, except that it applies to urban areas.
Urban Area : The Census of India defines an urban area as having:
- A minimum population of 5,000;
- At least 75 percent of male working population engaged in non-agricultural occupations and
- A density of population of at least 400 persons per sq. km.
As per the 2011 Census, about 31% of India’s population lives in urban areas.
- All the provisions of the 73rd amendment relating to direct elections, reservations, transfer of subjects, State Election Commission and State Finance Commission are incorporated in the 74th amendment.
- The functions to be transferred from the State government to urban local bodies are listed in 12th schedule.
Success of 73rd and 74th Amendments
- Elections for the local bodies are held regularly in most states.
- More than 32 lakh members are elected to these bodies every five years.
- Uniformity has been created in the structures of Panchayati Raj, Nagarpalika institutions across the country.
- These bodies create an atmosphere and platform for people’s participation in government.
- The provision for reservation for women has ensured the presence of a significant number of women in local bodies.
- More than 6 lakh elected members in local bodies hail from SCs and STs. Sometimes, the dominant social groups which controlled the village earlier do not wish to give up their power. This leads to intensification of struggle for power.
Limitations of 73rd and 74th Amendments
- Many States have not transferred most of the subjects to the local bodies. Therefore, the entire exercise of electing so many representatives becomes somewhat symbolic.
- People at the local level do not enjoy many powers of choosing welfare programmes or allocation of resources.
- Local bodies have very little funds of their own and this 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. This makes them dependent grants.
Democracy means decentralisation of power and giving more and more power to the people. The laws about local governments are an important step in this direction of democratisation. But the true test of democracy is not merely in the legal provisions but in the practice of those provisions.
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