Local Governments

Learning Outcomes:

  1. Understand the significance of local government in democratic processes.
  2. Identify the provisions of the 73rd and 74th constitutional amendments.
  3. Comprehend the structure, functions, and responsibilities of local government bodies.

WHY LOCAL GOVERNMENTS?

Local governments play a critical role in enhancing the democratic processes at the grassroots level. A compelling example is Geeta Rathore, who rose from being a housewife to a renowned Sarpanch of Jamonia Talab Gram Panchayat in Madhya Pradesh. In her tenure, she utilized local resources to improve the village’s infrastructure, fight domestic violence, raise environmental awareness, and implement afforestation and water management projects. Similarly, the Gram Panchayat of Vengaivasal village in Tamil Nadu fought for the autonomy of local bodies when government authorities attempted to infringe on their jurisdiction, showcasing the power of local governance in protecting local interests.

Local government is fundamentally about participation and accountability. It brings governance closer to the people and allows them to be directly involved in decision-making processes that affect their daily lives. The proximity of local government makes it easier and faster to address people’s issues, as illustrated by the efforts of Geeta Rathore and the Vengaivasal Gram Panchayat. In a democracy, the active participation of citizens and accountability of their leaders ensure a robust and responsive system of governance.

  1. Local government ensures democratic participation: It provides a platform for ordinary citizens to influence decisions concerning their immediate environment.
  2. It facilitates accountability: Local bodies hold leaders responsible for decisions that directly impact citizens’ welfare.
  3. Local governments protect local interests: As seen in Vengaivasal village, local bodies can stand up against higher authorities to defend their rights.
  4. Democracy flourishes through local government: Local governance strengthens the democratic fabric by ensuring that the power of decision-making is decentralized.

Important Note: The story of Geeta Rathore and the Vengaivasal Gram Panchayat demonstrates the potential of local governance to bring about transformative changes when local leaders are committed to the welfare of the people.

GROWTH OF LOCAL GOVERNMENT IN INDIA

India’s history of local government dates back to ancient times, with sabhas or village assemblies playing a pivotal role in self-governance. Over time, these Panchayats evolved, resolving village-level issues through participatory governance. Modern elected local government bodies began emerging after 1882, thanks to the initiative of Lord Rippon, who established local boards. However, the progress was slow, prompting the Indian National Congress to advocate for more effective local bodies.

  1. Historical evolution: Self-governing village communities existed in India from early times, evolving into Panchayats over time.
  2. Modern local governance: In 1882, Lord Rippon initiated elected local bodies through local boards, though they lacked real power.
  3. Decentralization and development: During the freedom struggle, Mahatma Gandhi championed decentralization as a way to empower local bodies for participatory democracy.
  4. Constitutional provisions: The Directive Principles of State Policy mentioned local governance but did not make it enforceable, limiting its importance.

The Government of India Act of 1919 led to the establishment of Panchayats in several provinces, and this trend continued under the Government of India Act of 1935. However, after independence, the Constitution assigned local government to the States and included it in the Directive Principles of State Policy, which remained non-enforceable. This was because of concerns about local factionalism and the caste-ridden nature of rural society, as expressed by leaders like Nehru and Dr. B.R. Ambedkar.

LOCAL GOVERNMENTS IN INDEPENDENT INDIA

Although local government received attention post-independence, the real momentum came with the 73rd and 74th Constitutional Amendments, passed in 1992. Before these amendments, several states, such as Gujarat and Maharashtra, had already adopted elected local bodies, though these lacked adequate powers. Some local bodies were dissolved by State governments, while others faced frequent postponement of elections.

  1. Community Development Programme (1952): This programme encouraged local participation in developmental activities but did not establish comprehensive local governance.
  2. Panchayati Raj System: Based on the three-tier model, some states like Gujarat and Maharashtra implemented elected bodies, though these remained dependent on central and state governments.
  3. P.K. Thungon Committee (1989): This committee recommended constitutional recognition of local governments and the inclusion of appropriate functions and funds for them.

73RD AND 74TH AMENDMENTS

The 73rd and 74th amendments were revolutionary in strengthening local governments across India. These amendments aimed at creating uniformity in local governance structures and enhancing their role in decision-making.

73rd Amendment

This amendment is crucial for rural local governments, also known as Panchayati Raj Institutions (PRIs).

  1. Three-tier structure: Panchayati Raj includes the Gram Panchayat, the Mandal Panchayat (or Taluka Panchayat), and the Zilla Panchayat. The Gram Panchayat operates at the village level, Mandal Panchayat at the intermediary level, and Zilla Panchayat at the district level.
  2. Mandatory Gram Sabha: The Gram Sabha, comprising all adults registered as voters in a Panchayat area, is mandated by the amendment, although its role and functions vary according to state legislation.
  3. Elections: All three tiers of Panchayati Raj institutions are directly elected by the people. Panchayats have a term of five years, and fresh elections must be held within six months in case of dissolution.
  4. Reservations: The amendment mandates that one-third of the seats in Panchayat institutions are reserved for women. Provisions for the reservation of Scheduled Castes and Scheduled Tribes are also included.
  5. Transfer of subjects: Twenty-nine subjects related to local welfare and development have been transferred to the Panchayati Raj institutions, although the extent of these transfers depends on state legislation.
  6. Special provisions for tribal areas: In 1996, a separate act extended the Panchayat system to tribal areas, ensuring local traditions of self-government are preserved.

Important Note: The 73rd Amendment provides for the reservation of seats for women not only in the general category but also in the seats reserved for Scheduled Castes, Tribes, and backward castes, enhancing inclusivity in local governance.

74th Amendment

This amendment concerns urban local bodies (Nagarpalikas). It replicates many provisions of the 73rd amendment but applies to urban areas. These provisions include direct elections, reservations, transfer of subjects, and the establishment of State Election Commissions and State Finance Commissions. The Twelfth Schedule lists functions to be transferred from the State government to urban local bodies.

IMPLEMENTATION OF 73RD AND 74TH AMENDMENTS

Since these amendments came into force, most states have conducted multiple rounds of elections to local bodies. States like Madhya Pradesh and Rajasthan have led by holding three elections so far.

  1. Election statistics: There are over 600 Zilla Panchayats, 6,000 block Panchayats, and 2,40,000 Gram Panchayats in rural areas, while urban areas have over 100 city corporations, 1,400 municipalities, and 2,000 Nagar Panchayats.
  2. Women’s representation: The amendments have dramatically increased women’s participation in local governance, with more than 13 lakh women elected to various positions. These include over 200 women Zilla Panchayat Presidents, 2,000 Block Presidents, and 80,000 women Sarpanchas.
  3. Reservation for SC/ST communities: With 16.2% of the Indian population belonging to Scheduled Castes and 8.2% to Scheduled Tribes, approximately 6.6 lakh elected members in local bodies represent these communities, changing the social composition of these institutions.

Important Note: The presence of women and marginalized communities in local governance has led to significant changes in decision-making, despite tensions arising from the redistribution of power.

CHALLENGES IN LOCAL GOVERNANCE

While local governments have been empowered legally, their actual functioning has revealed several limitations.

  1. Limited autonomy: Many states have not transferred the necessary subjects to local bodies, reducing their effectiveness in carrying out developmental functions.
  2. Financial dependence: Local bodies have limited revenue-generating capacity and depend heavily on state and central government grants. For example, rural local bodies account for only 0.24% of total revenues but 4% of total expenditure.
  3. Implementation gaps: While laws exist, many of the amendments remain symbolic, as real decentralization of decision-making has not occurred.

INTERNATIONAL COMPARISONS

Countries like Bolivia provide valuable insights into successful democratic decentralization. In 1994, Bolivia enacted the Popular Participation Law, which divided the country into 314 municipalities, each governed by elected mayors and councils. Bolivia’s fiscal model includes automatic fiscal transfers to municipalities, ensuring they have sufficient funds for local projects.

CountryDecentralization ModelFiscal Autonomy
IndiaPanchayati

Raj Institutions | Limited revenue generation |
| Bolivia | Popular Participation Law | Fiscal transfers ensure autonomy |

CONCLUSION

The 73rd and 74th Amendments have paved the way for democratic decentralization in India. However, the real challenge lies in effective implementation and the transfer of power to local bodies. Strengthening local governance is essential for empowering people and making democracy more inclusive and responsive.

MCQ:
What is a major challenge facing local governments after the 73rd and 74th Amendments?
Answer: Financial dependence on state and central governments for resources.

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