LOCAL GOVERNMENTS

1.  Growth of Local Government in India

• Self-governing village communities existed in India from the earliest times in the form of sabhas (village assemblies).
• Over time, these village bodies took the shape of panchayats and these panchayats resolved the issue at the village level.
• In modern times elected local government bodies were created after 1882 by Lord Rippon who was the viceroy of India at that time and took the initiative in creating these bodies. They were called local boards
• Following the Government of India Act 1919 village panchayats were established in several provinces. This trend continued after the Government of India Act of 1935.
• During  the freedom movement, Mahatma Gandhi strongly pleaded for the decentralization of economic and political power
• When the constitution was prepared, the subject of local government was assigned to the states. It was also mentioned in the directive principle as one of the policy directives to all governments in the country. Being a part of directive principles this provision was non-justiciable and primarily advisory.
• It is felt that the subject of local government including panchayats did not receive adequate importance in the constitution. Turmoil due to partition resulted in a strong unitary inclination in the constitution.
• There was a powerful voice in the constituent assembly led by DR BR Ambedkar who felt the faction and caste-ridden nature of rural society.

2. Local Government in Independent India

• First in line was the Community Development Programme in 1952.
• It sought to promote people's participation in local development in a range of activities. In this background, a three-tier Panchayati raj system of local government was recommended for rural areas.
• Some states like Gujarat, and Maharashtra adopted a system of elected local bodies around 1960. But in many states, those local bodies did not have enough power and functions to look after local developments.
• They were very dependent on the state and central government for financial assistance
• Many states did not think it necessary to establish elected local bodies Many states postponed elections.
• After 1987, a thorough review of the functioning of local government institutions was initiated.
• In 1989 K Thungon committee recommended constitutional recognition for the local government bodies.
• A constitutional amendment to provide for periodic elections to local government institutions, and enlistment of appropriate functions to them, along with funds, was recommended.

3. 73^rd and 74^th Amendments

In 1989 the Central government introduced two constitutional amendments. The amendments aimed at strengthening local governments and ensuring an element of uniformity in their structure and functioning across the country.

• The constitution of Brazil has created states, federal districts and municipal councils.
• Each of these is assigned independent powers and jurisdiction.
• Just as a republic cannot interfere in the affairs of the state (except on grounds provided by the constitution) states are prohibited from interfering in the affairs of the municipal councils. This provision protects the powers of local government.
• Later in 1992 73 and 74 constitutional amendments were passed. 73^rd amendment is about rural local governments, also known as Panchayati Raj institutions. 74^th Amendment made provisions relating to urban local government.
• These amendments came into force in 1993. Local government is state subject, they are free to make their laws, but once the constitutional amendment passed states had to change the law to bring conformity.

73^rd Amendment

Three-Tier Structure

• All States now have a uniform three-tier Panchayati Raj structure.
• At the base is the gram panchayat. it covers a village or group of villages.
• Intermediary level is the Mandal (also referred to as block or Taluka). These bodies are called Mandal or Taluka panchayats.
• The intermediary level body need not be constituted in smaller states.
• At the apex is Zilla Panchayati covering the entire rural area of the District.
• Amendment also made provision of the Gram Sabha.
• Gram Sabha would comprise all the adult members registered as voters in the Panchayati area.
• Its role and functions are decided by state legislation.

Election: All three levels are elected directly by the people. The term of each Panchayati body is five years. If the state government dissolves the panchayats before the end of its five-year term. Fresh elections must be held within six months of such dissolution, Before the 73 amendments there used to be an indirect election.

Reservation

• One- of third positions in all panchayat institutions are reserved for women.
• Reservation for SC/stare is also provided at all three levels, in proportion to population.
• If the state finds it necessary they can also provide for reservations for the other backward classes.
• Reservation applies to ordinary members but also to positions of chairperson at all three levels.
• Reservation of one–third of seats for women is not merely in the general category of seats but also within seats reserved for SC ST or OBCs.

Transfer of Subjects: Twenty-nine subjects which were in the state list of subjects are identified and listed in the Eleventh Schedule of the constitution. These subjects transferred to Panchayati Raj institutions. These subjects are mostly linked to development and welfare functions at the local level. The actual transfer of these 29 subjects depends upon state legislation.

• The provisions of the 73^rd amendments were not made applicable to areas inhabited by the Adivasi population in many states.
• In 1996 a separate act was passed extending the provisions of the Panchayati system to these areas.
• Many Adivasi communities have their traditional customs of managing common resources such as forests and small water reservoirs etc.
• Therefore new act protects the rights of these communities to many of their resources in ways acceptable to them. For this more power is given to gram sabhas of these areas.

State Election Commission: The state government is required to appoint a state election commissioner who would be responsible for conducting elections to the panchayats to the Panchayati raj institutions.  Now the office of the SEC is autonomous like the Election Commissioner of India.  The State Election Commissioner is an independent officer and is not linked to nor is this officer under the control of the Election Commission of India.

State Finance Commission: The state government appoint a state finance commission once in five years. The commission would examine the financial position of local governments in the state. It would also review the distribution of revenues between the state and the local government on the one hand and between rural-urban local governments on the other hand.

74^th Amendment

• Deals with urban local bodies or Nagarpalikas.
• The census of India defines an urban area.
• Minimum population of 5000
• At least 75 per cent of the male working population engaged in a non-agriculture occupation.
• A density of population of at least 400 persons per sq. km.
• As per the 2011 census about 31 per cent of India's population lives in urban areas.
• Provisions relating to direct election, reservation, and transfer of subjects State Election Commission and State Finance Commission also apply here.
• Functions listed in the twelfth schedule.

Implementation of the 73^rd and 74^th Amendments

• All States have now passed legislation to implement the provisions of the 73rd and 74th Amendments.
• As of 2020, there were about 3 million elected representatives at all levels of the Panchayati nearly 1.3 million are women.
• These numbers represent more than 2.4 lakh gram panchayats, about over 6,672 were intermediate-level Panchayati Samiti at the block level and more than 500 Zilla Parishads at the district level.