Local Government Sem 3
Local Government Sem 3
Local Government Sem 3
13.0 OBJECTIVES
After reading this unit, you should be able to:
• Trace the evolution of Local Self-Government (LSG) in India;
• Describe the structure and working of the LSG in rural and urban areas of
India;
• Describe the changes in the scope and powers of the LSG; and
• Explain the relationship of the LSG with the central and state governments.
13.1 INTRODUCTION
The political power in India is shared by three vertical units of governance —
the central government, the state government and the local government. The
Dr. Vinayak Narayan Srivastav, Formerly, Fellow Nehru Memorial Museum and Library, New Delhi, and
Dr. Gurupada Saren, Assistant Professor, SOCE, IGNOU, New Delhi. This Unit has adopted from Course
BPSE-212, Unit 18. 129
Federalism and local government includes the Panchayati Raj Institutions (PRIs) in the villages
Decentralization
and the Municipal or Metropolitan Councils in the cities. These are known as
institutions of local self-governance (LSG). The 73rd and 74th Constitutional
Amendments have widened the scope of local self-governance.
Thus, according to the Balwant Rai Mehta Committee report, there is a need for
reviewing the functioning of the PRIs established in India. For this purpose, the
Central government led by the Janata in the 1970s appointed Ashok Mehta
Committee. The purpose of this committee to assess the functioning of the PRIs
in India and recommend measures for their improvement. However, The Ashok
Mehta Committee gave more emphasis on the delivery mechanism than
development. It also made few new suggestions such as to allow political parties
to contest elections and enable women to participate in the PRIs. It also
recommended replacement of the three-tier Panchayati Raj system with a two-
tier system, at the district level the Zila Parishad, and below it Mandal Panchayat
which covered a group of villages having a population from 15000 to 20000.
However, the Ashok Mehta Report remained unimplemented in most states
following the fall of the Janata Party government and formation of the Congress
government in 1980. Some states ruled by non- Congress parties such as
Karnataka, West Bengal and Andhra Pradesh initiated the process to activate the
PRIs. Eventually, recommendations of the Ashok Mehta Committee Report were
taken into consideration by the Congress government in the 1990s. The 131
Federalism and recommendations were included in the 73rd and 74thConstitution Amendments
Decentralization
with some modifications. April 24, 1993, is an important day in the history of
Panchayati Raj in India. On this day the Constitution (73rd Amendment) Act,
1992 came into force to provide constitutional status to the Panchayati Raj
institutions. The 74th Constitutional Amendment act has started a new trend in
the process of decentralization and urban governance in India. The 74th
Amendment Act, 1992 came into force on 1 June, 1993. In the next sub-section,
you will know about the features of the 73rd and 74th Constitutional Amendment
Acts.
The 73rd Constitutional Amendment Act aimed to devolve powers to the village
panchayats for developing them as an institution of self-governance, economic
development and social justice. For this purpose, it entrusted the panchayats to
implement schemes on 29 subjects.
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13.4.1 Panchayats (Extension to the Scheduled Areas) Act, 1996 Local- Self Governments
The provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
came into force on 24th December 1996. The Act extends Panchayats to the
tribal areas of eight states of India, namely, Andhra Pradesh, Bihar. Gujarat,
Himachal Pradesh, Maharashtra, Madhya Pradesh, Odisha and Rajasthan. It
intends to enable the tribal society to assume control over their own destiny, to
preserve and conserve their traditional rights over natural resources. The state
governments were required to enact their legislations in accordance with the
Provisions of the Act before the expiry of one year, i.e. 23 December 1997.
Check Your Progress Exercise 1
Note: 1) Use the space below for your answers
2) Check your answers with the model answers given at the end of this
unit.
I) Explain the difference between the nature of Panchayati Raj during and
before the British period.
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2) Why was Balwant Rai Mehta Committee set up, and what were its
recommendations?
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The primary functions entrusted to the ZilaParishad are to supervise the activities
of gram panchayats and Kshetra Samitees,to classify fairs and festivals, and to
134 classify roads as village roads, district roads, etc..for maintenance. The Zila
Parishads are enjoined to prepare an annual district development plan Local- Self Governments
incorporating those of the Kshetra panchayats which in turn incorporate the ones
prepared by the gram panchayats.
The 73rd Constitutional Amendment Act made it mandatory for all states to
introduce reservation for the SCs, STs, OBCs, and women in the PRIs. The
PRIs,however, have been facing serious challenges, i.e., factionalism, casteism,
corruption, which thwarted their democratisation. While before the 73rd
Amendment the dominant communities in most states highjacked the PRIs,in
the following period in most cases the women panchayat members have become
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Federalism and proxies of the male members of their families. However, it has bolstered the
Decentralization
confidence of women, and in some instances, they are providing effective
leadership in the PRIs.They have also contributed towards meeting the target of
Millennium Development Goals (MDG), i.e., confirmation of the participation
of the local people including weaker sections of the society in various development
activities and become stakeholders of various programmes. The 73rd Constitutional
Amendment has ensured the transparency and social audit during the process of
implementation of various programmes.
The municipal bodies include - elected representatives from the electoral wards;
members of the Lok Sabha and State Legislative Assemblies covering wholly or
partly the municipal area concerned; the members of the council of states and
the state legislative council who are registered as voters within the municipal
area; chairpersons of the committees of the municipal authorities; any person
who is having special knowledge or experience in municipal administration sans
right to vote in the council.
The seats are also reserved for the municipal bodies for the weaker sections of
the society - OBCs SCs, and women. The percentage of seats reserved for women
is 33. The ward committees which exist for the municipal areas covering more
than three lakh population consist of the members nominated by the ward
councillor or by the corporation as a whole or by the state government or a
combination of these.The tenure of the municipalityis five years;in case if it is
dissolved or superseded, they have right to be heard. The elections should be
136
held within six months of superseding or dissolution of the municipalities. The Local- Self Governments
twelfth schedule of the 74th amendment contains 18 items which are mentioned
below:
1) Urban planning, including town planning
2) Regulation of land-use and construction of buildings
3) Planning for economic and social development
4) Roads and bridges
5) Water supply for domestic, industrial and commercial purposes
6) Public health, sanitation conservancy and solid waste management
7) Fire services
8) Urban forestry, protection of environment, and promotion of ecological
aspects
9) Safeguarding the interests of weaker sections of society, including the
disabled and mentally retarded
10) Slum improvement and upgrading
11) Urban poverty alleviation
12) Provision of urban amenities and facilities such as parks, gardens,
playgrounds
13) Promotion of cultural, educational and aesthetic aspects
14) Burials and burial grounds, cremations, cremation grounds and electric
crematoriums
15) Cattle pounds: prevention of cruelty to animals.
16) Registration of births and deaths
17) Public amenities including street lighting, parking lots, bus stops and public
conveniences
18) Regulation of slaughter houses and tanneries.
The state governments enjoy discretion to decide on the taxes, duties, tolls and
fees which have to be levied by municipal bodies, and the grant-in-aid to be
given to them. A state government is supposed to appoint a finance commission,
in every five years. The state finance commission is supposed to give
recommendations regarding principles of sharing of the state taxes, duties, tolls
and fees between the state government, municipalities and its distribution between
the municipalities. The state finance commission also recommends the principle
of the grant-in-aid to be given from the Consolidated Fund of the state.
The 74th Constitutional Amendment Act has provided for a direct election of the
Mayor from the municipal area for the time period of five years. A motion of no-
confidence cannot be moved against the Mayor within a period of two years
from the date on which he or she enters the office. The Mayor cannot be moved
if the remaining period of a corporation is less than six months. The removal of
the mayor needs a majority of two-thirds of the elected councillors present and
voting if such a majority is more than half of the total number of elected
councillors. In thecase of the Mayor, it needs a majority of more than two third
of the elected councillors,i.e., More than two-thirds of the total number of elected
councillors. 137
Federalism and The Municipal Corporation can deal directly with the state government, whereas,
Decentralization
the Municipalities are answerable to the District Collector and Divisional
Commissioner. The General Body of the Municipal Corporation consists of
councillors, who are elected for a term of three to five years. They are either
directly elected or nominated councilors with some specialised knowledge in
municipal functions.
The Municipal Council elects a president from among the councillors. The term
of the president may be co-terminus with that of the council. In certain States,the
presidents of the Municipal Councils are elected directly by the citizens. S/he
enjoys considerable authority and power both in the deliberative and executive
organs of the municipality. S/he convenes and presides over the meetings of the
Council, gives her/his rulings on all controversial matters and executes its decision
as its Chief Executive Officer. Her/his power depends on the support of the
majority. Committees can be formed by the Municipal Council. The powers and
functions of the Municipal Council Committees are the same as those of the
Municipal Corporation. Cantonments are predominantly military-occupied areas
along with a sizeable civil population that necessitates the municipalisation of
its administration.
Local urban bodies are responsible for the efficiency of programmes and services,
raising local resources and providing meaningful planning and services at the
local level. The functions, duties and responsibilities of the municipal government
are both obligatory’ and discretionary. Obligatory functions include thesupply
of potable water: construction and maintenance of public streets: lighting and
cleansing of public streets, sewers, etc.: maintaining public hospitals: establishing
and maintaining primary schools: registration of birth and naming streets and
numbering houses. Discretionary functions may include securing or removing
dangerous buildings or places: construction and maintenance of public parks,
gardens, libraries, museums, rest houses, leper homes, orphanages and rescue
homes for women, etc.: planting and maintenance of roadside and other trees;
housing for low income groups: organizing public receptions, public exhibitions,
public entertainment, etc. Compulsory Primary Education is the responsibility
of the local bodies in a large number of states.
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13.7.1 Tax Revenue Local- Self Governments
Major taxes levied by the urban local government are the following:
i) Tax on property including service charges levy for water supply;
ii) Conservancy, drainage, lighting and garbage disposal;
iii) Tax on Professions:
iv) Tax on vehicles (other than motor vehicles).
The scope of taxation of Municipal Corporations is broader; the Municipal
Corporations are empowered to impose or increase taxes within limits laid down
in the State Acts. Property tax is one example of such tax. Property tax is the
largest single source of revenue for municipal bodies in the states where there is
no provision for octroi. Property tax is levied on buildings and land on the basis
of rental value.
13.7.2 Octroi
Tax on entry of goods into a local area for consumption or sale therein is popularly
known as octroi. Octroi is the most traditional tax and a major source of local
revenue. It accounts for about 60 to 80 percent of total revenue of the urban local
bodies where it is imposed.Octroi has been replaced by one single tax under
Good and Services Tax which has been implemented in India from 1 July 2017.
13.7.4 Grants-in-Aid
An important element of municipal finance is grants-in-aid. There are two types
of grants: a General-Purpose Grant (GPG) and a Specific PurposeGrant (SPG).
The former augment the revenue of the local bodies for discharging their normal
functions. The latter is used for specific purposes, e.g., the increase of wage bills
due to inflation, education grants, public health, road maintenance, etc. Grants
are ad-hoc and discretionary in nature.
2) Identify the urban bodies of local self-governance which existed before and
after the 74th Constitutional Amendment.
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13.9 REFERENCES
Jha, N. S. and P. C. Mathur (eds) (1999). Decetralisation and Local Politics.
New Delhi, India: Sage Publication.
Lieten. G.K. and Ravi Srivastava (1999).Unequal Partners: Power Relations,
Devolution and Development in Uttar Pradesh. New Delhi, India: Sage
Publications. New Delhi. 1999.
Pinto. Marina (2000).Metropolitan City Governance in India.New Delhi, India:
Sage Publications.