Local Self-Government

Panchayati Raj

Panchayati Raj is the system of rural local self-government in India. It is a three-tier structure designed to empower villages and local communities by devolving powers and responsibilities to them. The system aims to facilitate grassroots democracy, promote rural development, and ensure citizen participation in governance.

The term "Panchayat" literally means an assembly of five elders, but in modern India, it refers to elected bodies at the village level.

Gram Sabha

The Gram Sabha is the foundation of the Panchayati Raj system. It is a village assembly consisting of all adult residents registered as voters within the village boundaries.

Functions and Powers of the Gram Sabha:

• Supervision: It supervises the functioning of the Gram Panchayat.
• Approval: It approves the annual budget of the Gram Panchayat and the audit report of its accounts.
• Development Plans: It identifies eligible beneficiaries for poverty alleviation programs and reviews the progress of development schemes in the village.
• Mobilization: It can mobilize voluntary resources for the community's welfare.
• Awareness: It serves as a platform for raising awareness about social issues and government schemes.

The Gram Sabha is a direct democracy at the village level, where all eligible voters can participate in decision-making.

The Gram Panchayat

The Gram Panchayat is the elected executive body of the village, functioning as the local government at the grassroots level. It is constituted by the elected representatives of the Gram Sabha.

Key aspects of the Gram Panchayat:

• Constitution: It is composed of elected members, often called Panchs, and a Sarpanch (head of the Panchayat), who is also elected by the Gram Sabha. In some states, the Sarpanch is elected by the elected Panchs.
• Functions: The Gram Panchayat is responsible for the day-to-day administration of the village and the implementation of development schemes. Its functions include sanitation, water supply, street lighting, primary education, healthcare, maintaining village roads, and managing village markets.
• Accountability: It is accountable to the Gram Sabha, which can review its performance and take corrective measures.

Three Levels Of Panchayats

The Panchayati Raj system in India is structured in a three-tier framework, as mandated by the 73rd Constitutional Amendment Act, 1992. This ensures representation and governance at different levels of rural administration:

1. Gram Panchayat: This is the basic unit at the village level. It consists of elected representatives (Panchs) and a Sarpanch, responsible for village administration and development.
2. Panchayat Samiti (Block Panchayat/Mandal Parishad): This is the intermediate tier, situated between the village and district levels. It operates at the block or taluka level and supervises the work of Gram Panchayats. Its members are elected from the Panchayat Samiti constituencies within the block.
3. Zilla Parishad (District Panchayat): This is the apex body at the district level. It is responsible for overall development planning and coordination at the district level. Its members are usually elected from the Zilla Parishad constituencies within the district, and it also includes Members of Parliament and State Legislatures from the district, as well as some co-opted members.

This three-tier system aims to decentralize power and promote participatory development from the village to the district level.

Urban Administration (Class 7)

Urban Administration refers to the governance and management of cities and towns. In India, the responsibility for urban administration lies with local self-governing bodies like Municipal Corporations, Municipal Councils, and Nagar Panchayats.

Types of Urban Local Bodies:

• Municipal Corporation: Typically for larger cities, headed by a Mayor, with elected councillors and an appointed Municipal Commissioner.
• Municipal Council: For smaller cities and towns, with elected members and an elected Chairperson.
• Nagar Panchayat: For areas transitioning from rural to urban, acting as a bridge between Gram Panchayats and Municipal Councils.

These bodies are responsible for providing essential services like water supply, sanitation, waste management, street lighting, road maintenance, and town planning within their respective urban areas.

The Ward Councillor And Administrative Staff

In urban local governance, the Ward Councillor is an elected representative of a specific ward (a geographical division of a city or town). They are the link between the citizens of their ward and the local government body.

Role of a Ward Councillor:

• Representing the Ward: They voice the needs and problems of their ward's residents in the municipal meetings.
• Participating in Decision-making: They participate in discussions and voting on local issues, budgets, and development plans.
• Supervising Works: They oversee the implementation of projects and services within their ward.

The Administrative Staff, headed by officials like the Municipal Commissioner, is responsible for the day-to-day execution of the decisions made by the elected councillors and the government. This staff includes engineers, health officers, sanitation workers, revenue collectors, and other technical and administrative personnel.

How Does The Municipal Corporation Get Its Money?

Municipal corporations and other urban local bodies generate revenue through various sources to fund their operations and provide services:

• Property Tax: This is a major source of income, levied on properties within the municipality.
• Fees and Charges: Levied for various services like water supply, sewerage, waste collection, building permits, and licenses.
• Grants from State and Central Governments: Financial assistance provided by higher levels of government for specific projects or general development.
• Taxes on Goods and Services: Some municipalities may collect octroi (a tax on goods entering a local area) or professional taxes.
• Fines and Penalties: Imposed for violations of municipal laws or regulations.
• Borrowing: Municipalities can also raise funds by borrowing from financial institutions or issuing municipal bonds.

A Community Protest

A Community Protest is an organized public demonstration or action by a group of people to express their disagreement, dissatisfaction, or demand for change regarding a particular issue. In the context of local government, protests often arise when citizens feel that:

• Essential services (like water, sanitation, or waste management) are not being adequately provided or are of poor quality.
• Local government decisions are unfair, unjust, or detrimental to the community (e.g., proposed construction, tax hikes).
• The government is not listening to their concerns or addressing their grievances.
• Environmental degradation is occurring due to local government actions or inaction.

Protests can take various forms, such as rallies, demonstrations, petitions, strikes, or blockades. They serve as a mechanism for citizens to voice their opinions and pressure authorities to respond and make changes.

Local Governments (Class 11)

Local governments are bodies of public administration that exercise authority at a sub-national level, serving local communities. They are an integral part of the democratic framework, responsible for managing local affairs and delivering public services. India has a robust system of local governments, both in rural (Panchayati Raj) and urban (Municipalities) areas.

Local governments are crucial for:

• Decentralization of Power: Bringing governance closer to the people.
• Democratic Participation: Facilitating citizen involvement in decision-making.
• Efficient Service Delivery: Responding effectively to local needs.
• Grassroots Development: Planning and implementing development projects at the local level.

Why Local Governments?

The establishment and strengthening of local governments are essential for several reasons in a democratic and diverse country like India:

• Decentralization of Power: Local governments are a manifestation of decentralization, distributing political power away from the central and state governments. This prevents the concentration of power and promotes a more equitable distribution of governance.
• Democratic Participation: They provide a platform for direct participation of citizens in local governance. People can directly elect their representatives and influence local decision-making, fostering a sense of ownership and accountability.
• Responsiveness to Local Needs: Local governments are generally more aware of the specific needs, priorities, and problems of their communities. This allows them to provide more tailored and effective services (like water, sanitation, primary education, and local roads).
• Efficiency and Economy: Local administration can often be more efficient and cost-effective as it operates closer to the ground, understanding local resources and constraints better.
• Development of Local Leadership: They serve as training grounds for future political leaders, fostering a new generation of administrators and representatives.
• Promoting Diversity: In a country with vast regional, linguistic, and cultural diversity, local governments allow for the accommodation of these differences and ensure that diverse local interests are represented.

In essence, local governments are vital for strengthening democracy at the grassroots, improving governance, and ensuring inclusive development.

Growth Of Local Government In India

The concept of local self-government has ancient roots in India, with village assemblies (like the Gram Sabhas and Panchayats) playing significant roles in traditional governance. However, the modern system of local government in India evolved through several stages:

• British Era: The British introduced elected municipalities for urban areas in the late 19th century, starting with Madras and Bombay. The Local Self-Government Act of 1882 by Lord Ripon is considered a landmark in this regard. However, these bodies had limited powers and were often controlled by the colonial administration.
• Post-Independence: After independence, the Indian Constitution recognized the importance of local self-government by including it in the Directive Principles of State Policy (Article 40), urging states to organize village panchayats. However, the implementation was slow and varied across states.
• Balwant Rai Mehta Committee (1957): This committee recommended a three-tier Panchayati Raj system (Gram Panchayat, Panchayat Samiti, Zilla Parishad) for rural development. Many states adopted this model.
• Ashok Mehta Committee (1977): This committee suggested a two-tier system and recommended more powers for Panchayats.
• Panchayati Raj Acts in States: Various states enacted their own Panchayati Raj Acts, leading to a lack of uniformity in powers, functions, and structure.
• Need for Constitutional Recognition: The lack of uniformity, financial resources, and consistent political will led to the weakening of Panchayati Raj institutions.
• 73rd and 74th Constitutional Amendments (1992): These landmark amendments provided constitutional status to both rural (Panchayati Raj) and urban local bodies, creating a uniform framework across the country and significantly empowering them.

The 73rd and 74th Amendments marked a new era in the growth of local government in India, transforming it from a discretionary body to a constitutionally recognized third tier of governance.

73rd And 74th Amendments

The 73rd and 74th Constitutional Amendment Acts of 1992 were pivotal in revitalizing and strengthening local self-governance in India. They provided constitutional sanctity to both rural and urban local bodies, transforming them into an effective third tier of government.

Three Tier Structure

The 73rd Amendment mandated a three-tier system of Panchayati Raj for all states having a population exceeding 20 lakh (2 million).

1. Village Level: Gram Panchayat
2. Intermediate Level: Panchayat Samiti (Block Panchayat/Mandal Parishad)
3. District Level: Zilla Parishad (District Panchayat)

States with a population below 20 lakh could optionally have only two tiers.

The 74th Amendment provided for the constitution of Urban Local Bodies, which include:

• Nagar Panchayat (for transitional areas)
• Municipal Council (for smaller urban areas)
• Municipal Corporation (for larger urban areas)

Elections

Both amendments made it mandatory to hold regular elections to these local bodies. Elections must be held every five years. If a local body is dissolved prematurely, elections must be held within six months.

Reservations

A significant feature is the provision for reservations to ensure representation of weaker sections:

• Scheduled Castes (SCs) and Scheduled Tribes (STs): Seats are reserved in proportion to their population in the electoral area at all three tiers of Panchayats and in the wards of Municipalities.
• Women: Not less than one-third of the total seats are reserved for women at all levels. This reservation also applies to the offices of chairpersons.

Transfer Of Subjects

The amendments listed a wide range of 29 subjects in the Eleventh Schedule (for Panchayats) and 18 subjects in the Twelfth Schedule (for Municipalities) that could be devolved by the state legislatures to these local bodies. This devolution of powers is crucial for empowering local governments to function effectively.

State Election Commissioners

Independent State Election Commissioners are appointed to conduct elections to Panchayats and Municipalities, ensuring the fairness and impartiality of the electoral process at the local level.

State Finance Commission

The establishment of State Finance Commissions is mandated to review the financial position of local governments and recommend measures for augmenting the consolidated fund of the state to supplement the resources of Panchayats and Municipalities.

Implementation Of 73rd And 74th Amendments

The implementation of the 73rd and 74th Constitutional Amendments has been a mixed success across India. While these amendments provided a strong constitutional framework, their effective implementation has varied significantly from state to state due to differences in political will, administrative capacity, and financial resources.

Positive Aspects of Implementation:

• Constitutional Status: All states and Union Territories (except some with special status) have established three-tier Panchayati Raj Institutions and urban local bodies, giving them legal recognition.
• Regular Elections: Most states now hold regular elections to these bodies, unlike the pre-amendment period where they were often superseded or kept under suspended animation for long periods.
• Reservations for Women and Weaker Sections: The reservation provisions have led to a significant increase in the representation of women, SCs, and STs in local governance, bringing new voices into decision-making.
• Increased Participation: The amendments have fostered greater democratic participation at the grassroots level.

Challenges and Shortcomings in Implementation:

• Incomplete Devolution of Powers: In many states, the devolution of the 29 subjects (for Panchayats) and 18 subjects (for Municipalities) as envisaged in the constitution has been partial or slow. Local bodies often lack genuine autonomy and control over these functions.
• Inadequate Financial Resources: State Finance Commissions have been set up in most states, but their recommendations are not always fully implemented. Local bodies often lack sufficient own-source revenue and depend heavily on grants from state and central governments, limiting their financial autonomy.
• Lack of Trained Personnel: Many local bodies suffer from a shortage of trained administrative and technical staff, affecting their capacity to perform their functions effectively.
• Bureaucratic Control: In some areas, the state bureaucracy continues to exercise significant control over local government functions, undermining their autonomy.
• Political Interference: Political considerations at the state level can sometimes interfere with the smooth functioning of local bodies.
• Uneven Implementation: The extent to which powers and funds have been devolved varies greatly among states, leading to a disparity in the effectiveness of local governance across the country.

Despite the challenges, the constitutional amendments represent a significant step towards democratic decentralization in India, empowering local governments as vibrant units of self-governance.