History and Results of Indian Local Government System with Focus on Constitutional, Legal, Democrati

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History and Results of Indian Local Government
System with Focus on Constitutional, Legal,
Democratic and Administrative Empowerment
Pakistan-India Symposium on Local Governance

• George Mathew
• Director
• Institute of Social Sciences
• New Delhi

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• Panchayati Raj in India, in terms of the size
  of the electorate, the number of grassroots
  institutions, the number of persons elected, and
  the empowerment of women at the grassroots, is
  the greatest experiment in democracy ever
  undertaken anywhere in the world
• Mani Shankar Aiyar
• Union Minister of Panchayati Raj, India

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PR Pre-Independence Period

• Traditional System of Panchayats
• (Assembly of 5 persons)
• Caste Panchayats
• Local Bodies - Towns (Nominated)
• 1687 Madras
• 1870 Resolution for town based local bodies

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PR Pre-Independence Period

• Local Self-Government (Municipal Functions) May
  18, 1882
• In the 1930s and 40s Gandhijis Gram Swaraj -
  Village Republics
• Self-Reliant but interdependent
• Gram Swaraj idea was in the forefront of
  independence movement

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PR- Post-Independence Period

• 1950 Constitution of India Article 40
  Directive principle of state policy mention
  Village Panchayats as Units of Self-Government.
• Community Development Programme Started on 2
  October 1952
• 1957 Balwant Rai Mehta Committee Report
• 1958-60 Several states enacts new PR Act
• 1964-77 Decline of first generation panchayats

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PR - Post Independence..

• Asoka Mehta Committee appointed on 12 Dec. 1977
  Report submitted on 21 August 1978
• 1978 Second generation panchayats with
• West Bengal.
• 1983 Karnataka enacted new PR Act
• 1985 Karnatakas PR Act received Presidents
  assent
• 1986 Andhra Pradesh follows West Bengal and
  Karnataka Panchayat Raj Model
• 1990-92 In Karnataka Panchayats are dissolved
  and brought under administrators

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To the people of India, let us ensure maximum
democracy and maximum devolution. Let there be an
end to the power-brokers. Let us give power to
the people.
Rajiv Gandhi 15 May, 1989
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PR Post Independence....

• 1989 64th Constitution Amendment bill introduced
  on 15th May in Lok Sabha was defeated in Rajya
  Sabha on 15th October
• 1991 72nd and 73rd Constitution Amendment Bills
  are introduced in Parliament
• 1992 Lok Sabha Passes 73rd and 74th
  Constitution Amendment Bills on 22 Dec.
• 1993 73rd Amendment Act, 1992 comes into force
  on 24 April,
• 74th Amendment Act, 1992 comes into force on 1
  June

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PR Post Independence..

• 1993-94 All state governments pass conformity
  Acts between 30 May 1993 and 23 April
• 1994 Madhya Pradesh holds panchayat elections
  under the 73rd Amendment dispensation on 30 May
• 1996 73rd Amendment extended to the Scheduled
  Areas
• Launching of Kerala Peoples Plan
• 2001 Bihar Panchayat Election after 23 years

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Indias Federal Structure till 1990s

• UNION
• STATES
• DISTRICT
• BLOCK / TALUKA
• VILLAGE

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Implication of Panchayati Raj/Municipalities as
theThird Tier of Governance onIndias Federal
Structure
UNION
STATES
MUNICIPALITY
PANCHAYATI RAJ
3. Zilla Panchayat 2. Block/Taluk Panchayat 1.
Village Panchayat
3. Municipal Corporation 2. Municipal Council 1.
Nagar Panchayat
GRAMA SABHA (Village Assembly) WARD MEETINGS
(for Municipal Areas
Autonomous Councils for Tribal Areas
Autonomous Councils are created in some States
like West Bengal, Bihar, Jammu Kashmir and
Assam for administration and development of
certain areas with special features. But they
also have statutory local bodies
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73rd 74th Amendments

• Local bodies Panchayats and Municipalities came
  under Part IX of the Constitution after 43 years
  of India becoming a republic
• Parliament passed the 73rd and 74th Amendments to
  the Constitution in December 1992 and they became
  part IX and IX A of the Constitution on 24 April
  and 1 June 1993 respectively

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73rd Constitution Amendment Act Salient Features

• Constitutional Status for Gram Sabha (Assembly of
  the Community)
• Three tier Panchayat system at the village,
  intermediate and district levels except in State
  with populations of less than 20 lakhs, where
  intermediate Panchayats may not be constituted
• Reservation of seats and leadership position for
  SCs/STs and women
• Regular elections every 5 years

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Salient Features..

• Establishment of independent State Election
  Commission
• State Finance Commissions to be set up once in 5
  years
• Powers to be so devolved upon Panchayats as to
  enable them to functions as institutions of
  self-government (Article 243G read with Schedule
  XI)

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Eleventh Schedule lists 29 Subjects to Panchayats
Agriculture, incl. extension
Land improvement, land reforms, consolidation
soil conservation.
Minor irrigation, water management watershed
development
Animal husbandry, dairying and poultry
Fisheries 
Social forestry farm forestry
Minor forest produce
Fuel and fodder
Maintenance of community assets
Rural housing
Drinking water
Poverty alleviation programme
Public distribution system
Technical training vocational education
Education, including primary and secondary
schools
Cultural activities
Libraries
Adult and non-formal education
Welfare of the weaker sections, in particular of
SCs and STs
Social Welfare, Welfare of handicapped and
mentally retarded
Women and Child development
Family welfare
Roads, culverts,bridges, ferries, waterways
other means of communication
Non- conventional energy
Health and sanitation hospitals. Primary health
centres dispensaries
Rural electrification, distribution of
electricity
Markets Fairs
Khadi, village and cottage industries
Small scale industries, food processing
industries
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Twelfth Schedule lists 18 Subjects to
Municipalities
Urban Planning Town Planning
Regulation of Land use and construction of
building
Planning for Social and Economic development
Water Supply for domestic Industrial and
commercial
Urban Forestry, protection of the Environment
and promotion of Ecological aspects
Public Health, sanitation Conservancy and solid
waste Management
Fire Service
Safeguarding the interest of weaker sections of
society, including the handicapped and Mentally
retarded
Urban Poverty Alleviation
Slum improvement And upgradation
Roads and Bridges
Provision of Urban Amenities
Provision of Cultural, Educational and Aesthetic
Aspects
Cattle Ponds Prevention of Cruelty to Animals
Registration of Births and Deaths
Burial, Cremations and its Grounds, electric
crematorium etc
Public amenities including street
Lighting, Parking Lots, bus stops and public
conveniences
Regulation of Slaughter Houses and Tanneries
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Widening Democratic Base after 73rd and 74th CA
DISTRICT BELOW

• Rural Population 744 Million Plus
• 537 District Panchayats Elect 15694.
• Out of this 5779 are women.
• 6094 Intermediate Panchayats elect 156609.
• Out of this 58094 are women.
• 232913 Village Panchayat elect 2656476.
• Out of this 975116 are women
• Total Elected rep. 2828779
• Out of this 1038989 are women
• 198 Dist. Panchayat are headed by women.
• 1970 Block Panchayats are headed by women.
• 77,210 Village Panchayats are headed by women.

• Urban Population 391 Million Plus
• 112 City Corporations
• 1430 Town Municipalities
• 2009 Nagar Panchayats
• Total Elected 68,554
• 34 City Corporations are headed by women
• 476 Town Municipalities are headed by women
• 670 Nagar Panchayats are headed by women

The Third Stratum Elects 2,897,333 Members Out of
this 1,059,989 are Women 853,931 are SCs and STs
Only panchayats
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• The Constitution (73rd and 74th Amendment) Act,
  1992
• A landmark legislation for women
• Not less than one-third (including the number of
  seats reserved for women belonging to the
  Scheduled Castes and Scheduled Tribes) of the
  total number of seats to be filled by direct
  election in every panchayat and Municipalities
  shall be reserved for women and such seats may be
  allotted by rotation to different constituencies
  in a Panchayat (Article 243D(3) 243T(3)).
• Not less than one-third of the total number of
  offices of Chairpersons in the Panchayats at each
  level shall be reserved for women (Article
  243D(4) 243T(3)).

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• TODAY
• Total No. of Elected reps 2828779
• Out of this 1038989 are women
• 198 Dist. Panchayat are headed by women.
• 1970 Block Panchayats are headed by women.
• 77,210 Village Panchayats are headed by women
• 34 City Corporations are headed by women
• 476 Town Municipalities are headed by women
• 670 Nagar Panchayats are headed by women
• Women Elected Representatives in Panchayats at
  all levels Bihar 54.1 Karnataka 42.9

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District Planning Committee DPC

• Legal provision for and constitution of District
  Planning Committee in every district.
• DPC to consolidate perspective and Five Year
  Plans prepared by Panchayats and Municipalities
  as provided in the Constitutions
• Indicate extent and type of available resources
  to each Panchayat level and Municipalities as per
  Article 243ZD in order to facilitate planning

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State Finance Commissions - SFCs

• State Finance Commission to be appointed every 5
  years
• review the financial position of the Panchayats,
• recommend principles to govern distribution of
  State taxes, duties, etc between State and
  Panchayats,
• Allocation between the Panchayats of their
  respective shares of such taxes etc.,  
• determination of taxes, duties, etc. which may be
  assigned to, or appropriated by, the Panchayats
   
• Recommend grants-in-aid to Panchayats from State
  Consolidated Fund 
• Recommend measures needed to improve the
  financial position of the Panchayats

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Central Finance Commission - CFC

• The Central Finance Commission shall recommend
• The measures needed to augment the Consolidated
  fund of a State
• to supplement the resources of Panchayats in the
  State,
• On the basis of the recommendations made by the
  Finance Commission of the State

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Recommendation of Twelfth Finance Commission (TFC)

• Rs.200 billion payable during 2005-10 to State,
  to be transferred to Panchayats.
• Allocation amongst various Panchayati Raj
  Institutions and also autonomous councils in
  excluded areas to be made by States.

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Basic Principles of Decentralization

• functional, financial and administrative
  autonomy
• subsidiarity (what can be resolved best at a
  particular level should be resolved at that level
  and not at a higher level all that can optimally
  be done at the lowest level should be resolved at
  that level only problems/issues that cannot be
  resolved should be passed to the higher levels)
• role clarity complementarity (function of
  different tiers should not overlap)
• uniformity of norms and rules
• maximum direct participation of people
• accountability (continuous social auditing of the
  performance) and
• transparency through right to information.

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Real Decentralisation

• Power to spend money
• Power to collect money
• Discretion in spending money
• Power to hire, fire and control staff
• Direct accountability

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Strength

• Constitutional Status

• Constitutional Status for stability and
  continuity
• Timely Election
• Demand from below
• Representations for weaker sections
• Gram Sabha Direct Democracy
• CSOs/ Environment demanding decentralization
• Framework for 4 Fs
• Functions, Functionaries, Funds, Freedom
  (Autonomy)

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Weaknesses

• Lack of political will of political parties for
  decentralisation
• Lack of public awareness and vigilance
• Lack of orientation of officials for working with
  LGs
• Elite capture in highly unequal societies
• Bias against women
• Bureaucracy has not learnt to work with the local
  government
• Downward accountability mechanism not yet
  developed
• Decision-making not yet broad-based
• Rules procedures not adequately framed

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Opportunities

• Peoples participation providing good governance
  at grassroots level
• Involvement of people in development planning
• Gender budgeting
• Resource mobilization (cash, kind or labour) for
  local development
• Increasing participation in decision-making
• The State and Administration nearer to people
• Democracy extended to grassroots
• Poverty eradication

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Threats

• Disparities of caste, class, gender etc.
• Resistance of political class at the state and
  national level to share power
• Resistance from the rural elites and dominating
  class to share power with disadvantaged groups
• Clientalism and Patronage

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Four Challenges

• Power sharing among Politicians
• Inconsistency in implementing directions by
  officialdom
• Landlords and Feudal Elements
• Contractors

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A New Deal for Panchayats was over due
For every citizen, most government is local
government.

• to make Panchayats and Municipalities
  Institutions of Local Governments as envisaged in
  the Constitution of India
• and
• to ensure ways and means to make Panchayats and
  Municipalities the third tier of government

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The Ministry of Panchayati Raj has initiated a
New Deal

• The Panchayat Empowerment Incentive Scheme
• This scheme is intended to incentivise State
  Governments to undertake reforms and devolve more
  powers on the panchayats.
• To measure the extent of devolution of powers in
  States, a devolution index has been developed.

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MoPR has initiated a new deal.

• Rashtriya Gram Swaraj Yojana
• This is to assist States to improve the capacity
  of Panchayats and provide necessary
  administrative and infrastructure support. There
  are several components in this scheme
• 1. Improving infrastructure at panchayat level
• 2. Support minimum staff requirement
• 3. Training and capacity building of elected
  representatives
• 4. E-Governance
• 5. Capacity building at the state level to manage
  devolution
• 6. Panchayat Mahila Shakti Abhiyan
• 7. Panchayat Yuva Shakti Abhiyan
• 8. Rural business hubs

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MoPR has initiated a new deal.

• Ministry is providing support for capacity
  building of elected women representatives
• Developing a body of Jurisprudence on Panchayati
  raj
• Lumpsum provision to benefit North Eastern States
  including Sikkim
• The Backward Regions Grants Fund (BRGF) for 250
  Districts (Rs. 4670 crores)

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• There is a silent revolution that is taking
  place in our countryside silent only because
  the media and urban political opinion are not
  giving adequate attention to it. It is the
  harbinger of new hope for the eradication of
  rural poverty and the promotion of rural
  prosperity.
• I have every confidence that Panchayati Raj
  will bloom within the next few years so that even
  as our economy gallops forward, rural India sees
  the blossoming of the dream of Gram Swaraj that
  has inspired our leaders from Mahatma Gandhi to
  Rajiv Gandhi.
• Dr. Manmohan Singh, Prime Minister of India
• November 22, 2006