Local Self Government

(The article look into constitutional provisions introduced through 73^rd and 74^th Constitutional Amendment Act to strengthen the institutions of local self government in India)

It is essential for a democratic administration to be reflective of the aspiration of people. Such wishes and aspiration are expressed by people politically at different levels depending on the nature and level of demand. No governance in such situation can be effective if the decision making is completely centralised especially for issues and problems which are related with local level like village, block or district. Such matters have their own dynamics intertwined with local conditions and needs solution tailored to specific phenomenon prevailing in particular locality or area. Centralized solution tends to be straight jacket in nature without taking area specific conditions into account thus problematic. Empowering local citizen’s through their own representatives for solving local problems tends to be more effective in practice. Participation of citizens in administration can also be ensured which utilizes local knowledge to solve local problems. In India local self government meant for such purpose is known as Panchayati Raj Institution (PRI) in rural areas and Municipalities in urban areas. 

Position before 73^rd and 74^th Constitutional amendment    

Indian independence movement, under the leadership of Mahatma Gandhi, had villages and their self-governing system by the name of ‘Gram Swaraj’ at the center, but when the Constitution of independent India was formulated it did not provided constitutional status to PRI but only a reference in the Directive Principles of state policy. Due to this the states did not take both the urban and rural local bodies seriously as they were unwilling to share power with them. In the absence of any compelling provision to reconstitute Panchayats in statutory laws governing them by democratic elections, suspended Panchayats have remained in such states for years and dissolved Panchayats have remained dissolved for long period. Their existence thus has depended less on the mandate of the people and more on the whim of state governments. It proved to be a big deterrent in ensuring their effectiveness as grass root level democratic bodies.

L.M. Singhvi Committee was appointed in 1985 to study panchayati raj in India. The committee considered Gram Sabha as the base of a decentralised democracy, and PRIs were viewed as institutions of self-governance which would actually facilitate the participation of the people in the process of planning and development. It made key recommendations like local self-government should be constitutionally recognised, protected and preserved by the inclusion of new chapter in the Constitution. It was also of the view that political parties should not be involved in Panchayat elections. The suggestion of giving panchayats constitutional status was opposed by the Sarkaria Commission, but the idea, however got political momentum in the late 1980s especially after the endorsement by the late Prime Minister Rajiv Gandhi, who introduced the 64th Constitutional Amendment Bill in 1989. The bill was however not cleared in the Rajya Sabha.

Basis of Constitutional provisions

The 73^rd and 74^th Constitutional Amendment Act inserted Part IX and IX A in the constitution containing detail provisions regarding Panchayats and Municipalities. It marked a real departure from the prevailing situation as local self government in the country got constitutional status and consequent legitimacy which can’t be sidetracked easily. It ushered in a political process of its own at the grass root level empowering citizens through this course of action.

It is important to understand that ‘local government’ including self- government institutions in both rural and urban areas is an exclusive state subject through Entry 5 of List II of the Schedule VII of the Constitution of India. Union of India cannot enact any law to thrust rights and liabilities on states in matters covered under state list. What the union has done therefore is just to outline the scheme which would be implemented by the states by bringing laws or amending their existing laws to bring them in conformity with provisions for local self government outlined in the constitution. The provisions however don’t apply to states of Jammu & Kashmir, Meghalaya, Mizoram, Nagaland and National Capital Territory of Delhi.

Formation of Panchayats

Part IX of the Constitution envisages a three-tier system of panchayats at village, district and intermediate level which falls between village and district level. However there is no need for intermediate level in case of states which has less than 20 lakhs of populations. All the adult citizens of the village registered on electoral rolls are constituted in the body named as ‘Gram Sabha’. It is the body which is the foundation stone to usher in democracy at village level. All the seats in the panchayat are to be filled through direct elections. For this purpose the village is divided into wards for electing a member from each ward. However chairperson of each panchayat will be elected according to the law passed by the state legislature. The constitutional scheme for local self government also provide for reservation to schedule castes and schedule tribes. The reservation shall be in proportion to their population in the state.  Out of the seats so reserved not less than one-third of the seats shall be reserved for women belonging to Scheduled Castes and Scheduled Tribes. It also provides that not less that one-third of seats to be filled by direct elections in every panchayat shall be reserved for women. In case of other backward classes of citizens a state may by law reserve seats or offices of Chairpersons.

The duration of duly constituted panchayat is five years from the date of its first meeting. Elections must take place for the formation of new panchayat before the expiry of this period.  It can be dissolved earlier but only according to the procedure prescribed by respective state law. If it’s dissolved invoking prescribed procedure then the elections must take place with in six months of its dissolution. A panchayat so reconstituted shall continue only for the remainder of the period. Article 243F contains a provision that all persons who are qualified to be contestant for state legislature shall also be eligible to contest for panchayat elections. The only major difference is in age which is 21 years for contestants to panchayat elections as against 25 years for member of state legislature.

Authority and Responsibility

In respect of Power, Authority and Responsibility of panchayats constitutional amendment through Article 243 G states that, “Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to—

(a) the preparation of plans for economic development and social justice;

(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.” Eleventh schedule contains matters like Agriculture, Animal husbandry, Small Scale industries including food processing industries, Poverty alleviation programme, Education including primary and secondary schools, Health and sanitation etc. 

Finances

A state may by law authorise a panchayat to levy, collect and appropriate taxes, duties, tolls etc. It can also assign to panchayat various taxes collected by the state government along with providing for grants-in-aid to the panchayats from the Consolidated Fund of the State. Constitution of Finance Commission with the objective of reviewing the financial position of Panchayats is also provided for which would be appointed by Governor of state after every five years. It shall recommend the principles that should govern the-

(a) (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Panchayats at all levels of their respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayats;

(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the Panchayats;

(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.

Elections

Article 243K provides for the constitution of a state election commission which is to be appointed by the Governor to ensure free and fair elections to the Panchayat. State Election Commission has been entrusted with powers of superintendence, direction and control of elections to the Panchayats including responsibility for the preparation of electoral rolls. In order to ensure the independence of the body it has been provided that the State Election Commissioner can be removed only in the same manner and on the same ground as a Judge of a High Court. In all other matters concerning elections the state legislature has been empowered to legislate.

Municipalities

For urban areas, Part IXA which came into force on June 6, 1993, has given constitutional status to Municipalities. Provisions concerning reservation of seats, Election Commission, Finance Commission etc in Municipalities are similar to Panchayats. As per the constitutional scheme of things governing urban local self government Municipalities are of three types-

1. Nagar Panchayat which is envisaged for the transitional area which is in process of transformation from rural to urban area.
2. Municipal Council for a smaller urban area
3.  Municipal Corporation for a larger urban area.

Article 243Q makes it obligatory for every state to constitute such units but if Governor specify any area to be an industrial township after taking account the fact that municipal services are provided by industrial establishment there than it is not compulsory to constitute Municipality in such an area.  It is mandatory to constitute ward committee if the population of the territorial area formed as a ward is more than three lacs. Article 243W governs powers, authority and responsibilities of Municipalities. It provides that, “Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow—

(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to—

(i) the preparation of plans for economic development and social justice;

(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;

(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.”. Twelfth schedule contains matters like Urban planning, Roads and bridges, Water supply for domestic, industrial and commercial purposes, Public health, Waste management etc.

District Planning Committees (DPC)

As per 74^th constitutional amendment, every state shall constitute at the district level a DPC to consolidate the plans prepared by panchayats and municipalities and to prepare draft development plan for the district as a whole. The state legislature has been entrusted with the responsibility to make provisions for composition; manner of elections of members and chairpersons; and functions of such committees. But four-fifth of the members of DPC should be elected by the elected members of the panchayat and municipalities in the district from amongst themselves. The chairperson of such committee shall forward the development plan of the district to the state government.

Concluding Remarks

It is true that giving constitutional status to the local self government in the country has succeeded in institutionalizing their role in grass root planning and implementation of developmental programs. But to take the process forward it is essential that political mobilization through empowerment of people should usher from below to put the pressure on state governments on devolving more functions and responsibilities to Panchayats and Municipalities. This will ensure citizen’s participation in formulating and implementing plans for key public services which would deepen democratic content in administration.

By Saurabh Naruka