History and Results of Indian Local Government System with Focus on Constitutional, Legal, Democratic and Administrative Empowerment :1 History and Results of Indian Local Government System with Focus on Constitutional, Legal, Democratic and Administrative Empowerment George Mathew Director Institute of Social Sciences New Delhi Pakistan-India Symposium on Local Governance


Slide 2:2 “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


PR – Pre-Independence Period :3 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


PR : Pre-Independence Period…… :4 PR : Pre-Independence Period…… Local Self-Government (Municipal Functions) May 18, 1882 In the 1930s and 40’s Gandhiji’s Gram Swaraj - Village Republics Self-Reliant but interdependent Gram Swaraj idea was in the forefront of independence movement


PR- Post-Independence Period :5 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


PR - Post Independence….. :6 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: Karnataka’s PR Act received President’s assent 1986: Andhra Pradesh follows West Bengal and Karnataka Panchayat Raj Model 1990-92: In Karnataka Panchayats are dissolved and brought under administrators


Slide 7:7 “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


PR: Post Independence.... :8 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


PR: Post Independence….. :9 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 People’s Plan 2001: Bihar Panchayat Election after 23 years


India’s Federal Structure till 1990s :10 India’s Federal Structure till 1990s UNION STATES DISTRICT BLOCK / TALUKA VILLAGE


Slide 11:11 Implication of Panchayati Raj/Municipalities as theThird Tier of Governance onIndia’s Federal Structure UNION MUNICIPALITY 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 STATES PANCHAYATI RAJ


73rd & 74th Amendments :12 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


73rd Constitution Amendment Act Salient Features :13 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 73rd Constitution Amendment Act Salient Features


Salient Features….. :14 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)


Eleventh Schedule lists 29 Subjects to Panchayats :15 Family welfare Eleventh Schedule lists 29 Subjects to Panchayats Land improvement, land reforms, consolidation soil conservation. Minor irrigation, water management watershed development Agriculture, incl. extension Animal husbandry, dairying and poultry Welfare of the weaker sections, in particular of SCs and STs Markets Fairs Technical training vocational education Khadi, village and cottage industries Fisheries Social forestry farm forestry Minor forest produce Rural housing Drinking water Fuel and fodder Small scale industries, food processing industries Roads, culverts,bridges, ferries, waterways other means of communication Non- conventional energy Education, including primary and secondary schools Poverty alleviation programme Rural electrification, distribution of electricity Health and sanitation hospitals. Primary health centres dispensaries Cultural activities Libraries Adult and non-formal education Public distribution system Maintenance of community assets Social Welfare, Welfare of handicapped and mentally retarded Women and Child development


Twelfth Schedule lists 18 Subjects to Municipalities :16 Twelfth Schedule lists 18 Subjects to Municipalities Regulation of Land use and construction of building Planning for Social and Economic development Urban Planning & Town Planning Water Supply for domestic Industrial and commercial Roads and Bridges Public amenities including street Lighting, Parking Lots, bus stops and public conveniences Public Health, sanitation Conservancy and solid waste Management Fire Service Cattle Ponds; Prevention of Cruelty to Animals Registration of Births and Deaths Safeguarding the interest of weaker sections of society, including the handicapped and Mentally retarded Regulation of Slaughter Houses and Tanneries Burial, Cremations and its Grounds, electric crematorium etc Urban Poverty Alleviation Slum improvement And upgradation Urban Forestry, protection of the Environment and promotion of Ecological aspects Provision of Urban Amenities Provision of Cultural, Educational and Aesthetic Aspects


Slide 17:17 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. The Third Stratum Elects 2,897,333 Members Out of this 1,059,989 are Women 853,931* are SCs and STs 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 * Only panchayats


Slide 18:18 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)).


Slide 19:19 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%


District Planning Committee DPC :20 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


State Finance Commissions - SFCs :21 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;


Central Finance Commission - CFC :22 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


Recommendation of Twelfth Finance Commission (TFC) :23 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.


Basic Principles of Decentralization :24 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.


Real Decentralisation :25 Real Decentralisation Power to spend money Power to collect money Discretion in spending money Power to hire, fire and control staff Direct accountability


Slide 26:26 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)


Weaknesses :27 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


Opportunities :28 Opportunities People’s 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


Threats :29 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


Four Challenges :30 Four Challenges Power sharing among Politicians Inconsistency in implementing directions by officialdom Landlords and Feudal Elements Contractors


A New Deal for Panchayats was over due :31 A New Deal for Panchayats was over due 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 “For every citizen, most government is local government.”


The Ministry of Panchayati Raj has initiated a New Deal :32 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.


MoPR has initiated a new deal…. :33 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


MoPR has initiated a new deal…. :34 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) MoPR has initiated a new deal….


Slide 35:35 “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