LOCAL SELF GOVERNANCE IN INDIA

RURAL LOCAL GOVERNMENT OF INDIA (73^rd AMENDMENT)

INTRODUCTION

Structure of Rural Local Government of India

The institution of rural local government of India is as old as civilization and it was called Village Panchayat. They were performing regulatory functions and adjudicating civil disputes. After independence, the Constitution of India provided for establishment of local bodies and Panchayati Raj under article 40 (directive principles of state policy) as a subject with the states but did not further elaborate upon its structure, functions and other details.

The introduction of Panchayati Raj in the sixties was a major step towards institution building process in promoting people’s participation in rural development. In the mid-sixties, the funding for Community Development Projects dried up and panchayats stagnated. In 1979 – 80 the District Rural Development Agency was established at district level, development institution jointly registered by the Union and State Governments in each district and societies.

The 73^rd amendment of Indian Constitution in 1992 ushered in the present phase where panchayats are described as institutions of Local self-government. Presently there are approximately 250,000 Gram Panchayats, 6500 Panchayats Samitis and 500 Zilla Parishads.

STRUCTURE OF GOVERNANCE

Central Government

State Government (Province)

District Administration

Mandal Administration (block)

Village Administration

This is how the structure of Governance looks like, but for the purpose of our discussion we will start from the district to discuss powers and functions.

DISTRICT PANCHAYAT:

• Is the apex body at district level. It enjoys wide ranging executive powers, a large annual budget and a high degree of autonomy in planning and partly indirectly elected.

ZILLA PARISHAD:

Functions

• To control , coordinate and guide the panchayat samitis and gram panchayat.

• To coordinate and consolidate the panchayat samitis plans

• To secure the execution of plans, projects, scheme, etc.

Powers

• To advise the state government on all matters relating to the development work among Gram Panchayats and Panchayat Samitis.

• May undertake or execute any scheme if it extends to more than one block

• May take over works

• To divert, discontinue or close roads

• To transfer roads to the state

GRAM PANCHAYAT - planning / monitoring

• Prepare plans and implement the schemes for economic development and social justice

• Have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted, assign or delegated.

• Powers to encourage and make report about misconduct of officials.

• Taxation powers are vested with them in all states whereas other tiers have very limited financial powers

GRAM SABHA – the lead is full time / in a meeting, one third is women or they call the meeting off

• Approve annual budget and plan development programmes

• Assist in the implementation

• Identification of beneficiaries

• Mobilise voluntary labour and contribution in cash or kind for the community welfare programmes.

VILLAGE

• Supply of water for domestic use and for cattle (sanitation and health)

• Lighting of the village

• Spread of education (education and culture)

• Preparation of plans for the development of the village (planning and administration)

• Assistance to the residents when any natural calamity occurs

URBAN LOCAL GOVERNMENT OF INDIA (74^rd AMENDMENT)

INTRODUCTION

Prior to 1992, Indian local governments did not have a constitutional status but only a statutory status under state law. Therefore, the governance of urban areas was directly under the control of the state government. This changed with the enactment of the 74th Constitution Amendment Act, 1992. For the first time in the history of urban governance, Urban Local Bodies (ULBs) were granted a constitutional position as the third tier of government. These bodies were given a constitutional outline for conducting regular elections, powers and financial devolution. The Amendment assigned local bodies with the responsibility of providing basic services. Urban Local Bodies (ULBs) are classified depending on the population:

• Nagar Panchayats: for ‘rurban’ areas

• Municipal Councils: for smaller urban areas

• Municipal Corporations: for metropolitan areas

The 3 types of local governments are:

§ NAGAR PANCHAYAT

The rural areas are fast developing into urban areas due the population growth. The local government of these developing regions are called the ‘Nagar Panchayats’.

§ MUNICIPAL COUNCIL

Small cities are looked after by Municipal Councils. There are many Municipal Councils in every state which are also known as Nagar Committee or Nagar Sabha in different states. Members of a Municipal Council are called Councillors, they are elected by the voters of the area of the Municipal Council.

The complete area is divided into wards. One Councillor is elected from each ward. The MLAs falling in the area of that Municipal Council are also the members of the Municipal Council.

Functions of the Municipal Council

It provides public services such as electricity, water supply, cleanliness, maintenance of roads and bridges, schools, libraries and transport facilities.

It also prepares the statistics of birth and death registrations and helps open health centres and hospitals.

§ MINICIPAL CORPORATION

In larger cities the institutions of local administration are called Municipal Corporation. If the Municipal Corporation is located in the capital of the country and in the union territories, then it is under the direct control of the Central Government.Members of the Municipal Corporation are directly elected by the voters of the city.

Municipal Corporations are divided into wards and one member is elected from each ward. The MLAs of a city are also the members of the Municipal Corporation. The Municipal Corporation performs both compulsory and discretionary functions.

The compulsory functions of Municipal Corporations

Construction and maintenance of roads and sewage system, supply of drinking water, health and sanitation, registration of births and deaths, and establishment of schools.

The discretionary functions of the Municipal Corporation

The establishment and maintenance of art galleries, museums, play parks and libraries.

Composition of the Municipal Corporation

The Municipal Corporation consists of the Mayor, the Municipal Commissioner and the Committee.The Mayor is the head of the Municipal Corporation. He is elected from amongst the members of the Corporation and his term is two and a half years. The Municipal Commissioner, or the Chief Executive Officer, is appointed by the state government and belongs to the Indian Administrative Service (IAS).

Committees

Various committees, including the Standing Committee, Education Committee and Transport Committee, serve a term of two years. They carry out the activities of the Municipal Corporation. They utilise the funds from taxes such as house tax, entertainment tax and property tax. Fees from passing of house plans, fees from issuing licenses for cycles, rickshaws and carts, and penalties from violators of the Municipal Corporation rules also contribute to the funds and the Government also provides grants to the Corporation.

Elections

The election for all the levels of the urban local self-government takes place every five years. There are reserved seats for women, scheduled castes and scheduled tribes in the urban local government. The urban local government is elected by the people and provides many services to them.