Urban Local Government

Answer : At the insistence of Mahatma Gandhi the provision of local government was incorporated in the constitution under article 40 of Directive Principle of the State Policy. But till 1992 no Act was passed relating to this article.

During the time of Mr. Rajiv Gandhi, it was considered necessary to further the organization of these local units by inserting specific provisions in the constitution itself on the basis of which the legislatures of the various states might enact detailed laws according to the guidelines provided by the constitutional provisions.

The idea so evolved, culminated in the passing of constitution 73rd and 74^th Amendment Act, 1992 which inserted parts IX & IX-A in the constitution. While part IX relates to the Panchayats, containing Articles 243 to 243-0, part IX-A relates to the municipalities, containing Articles 243 P to 243 ZG.

This was taken as a major landmark in India’s constitutional history because for the first time the local governance was provided constitutional status. The new system contained novel provisions, for example direct election by people in the same manner as at the union or state level, reservations of seats for women, an election commission to conduct election, a finance commission to ensure financial viability of these institutions.

Another striking feature is that the provisions inserted in the constitutions are in the nature of basic provisions, which are to be supplemented by laws made by the respective state legislatures, which will define the details as to the powers and functions of the various organs just mentioned. Although the local governance existed in India prior to these amendments but after these amendments they got constitutional status which was vital for their survival and proper functioning.

Answer : The 73^rd Amendment Act and 74^th Amendment Act is a very crucial Act for the concept of local-self government in India.

For the sake of convenient local-self government can be divided into Rural local government and Urban local government.

Rural Local Self-Government—The passage of the constitution (73^rd Amendment) Act, 1992 marks a new era in the federal democratic set up of the country and provides constitutional status the Panchayati Raj institutions. The Act provides for a uniform 5-year term for Panchayati Raj institutions. The law also provides for empowering the Panchayats to levy taxes, duties, fees etc. It also provides for setting up of a finance commission every five years to review the financial position of Panchayats and make recommendations to the state governments. The decision-making powers of the Panchayati bodies are extensive and list includes farming, land reform, ecological restoration, and rural industries etc. They make local development plans.

The local bodies are to be made financially solvent is an striking feature of the new legislation. It is obvious that decentralised decision-making carries little sense, without carrying out the local programmes. The amendment provides for the devolution of resources to local bodies and also empowers them to raise some resources of their own. However some fallacies are also evident in rural local self-government. Like generally speaking, Panchayati Raj institutions are often critisised for being dominated by local groups based on castes. The caste hold must be loosened.

The present legislation does not provide for recall and limited tenures of Sarpanchs. Some critics consider the absence of such provision as shortcomings, but these are more than compensated for by the regularity of the election processes.

The panchayati raj, today is functioning in all the states but in varied forms.

Some states have 2-tier and some have 3-tier panchayati raj system.

Urban Local-Self Government – The 74^th Act introduces a new part, namely, part ixA, in the constitution. This part deals with issues relating to municipalities such as their structure, composition, functions and other miscellaneous provisions.This Act thus gives constitutional status to the municipalities. These Bodies are not working as efficiently as they are required to work.

The first and most serious problem facing the urban local bodies is the acute scarcity of finances. Their sources of income are inadequate as composed to their functions. Most of the income generating taxes are levied by the union and state govt. and the taxes collected by the urban bodies are not sufficient to cover the expanses of the services provided. Financial stringency has become the biggest hurdle for almost all municipal bodies on account of the ever-increasing expenditure.

Next is the issue at the excessive strict control exercised by the state govt. over urban bodies. Also, the system of recruitment fails to bring in the best men. The need for adequate training of the municipal staff has not received due emphasis.

Further, it is generally commented that the urban bodies have failed to perform there. Primary duty, that is, to check the problem and complications crated by rapid urbanization.

Thus, we see that the role of local-self govt. in the state administration is of considerable importance.

Answer : The constitution 74th Amendment Act makes provision for the constitution of a planning committee at the district level with view to consolidate the plans prepared by the panchayats and the municipalities and prepare a development plan for the district as whole.

As of 1993, there were 23 metropolitan agglomerations in the country, where the metropolitan area encompassed not only the main city corporation but also a number of other local bodies – both urban and rural - surrounding the main city corporation. In order to ensure orderly development of the urbanizing fringe areas, proper development plans for the surrounding towns and villages need to be drawn up in association with the plan of the main city. Besides, their development schemes have also to be coordinated. The constitution 74th Amendment provides that in every metropolitan area (with a population of 10 lakh or more), a Metropolitan Planning Committee is to be constituted for preparing a draft development plan for the metropolitan area of a whole. With a view to imparting it a democratic character, it is laid down that no less two-third of the members of such committee shall be elected by and from amongst the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area, in proportion to the ratiobetween the population of the municipalities and the panchayats in that area.

While preparing the Draft Development plan, the MPC will take account of the following factors: (1) plan prepared by the municipalities and the panchayats in the metropolitan area, matter of common interest, between the two, including coordinated spatial plans of the area, integrated development of infrastructure and environmental conservation and other available resources, and financial and otherwise.

The draft so formulated by the MPC will be forwarded by the chairperson of the committee, to the state government.

Answer : A Nagar Panchayat or Town Panchayat is established for a transitional area - that is to say, an area in transition from a rural area to an urban area. The role, which Nagar Panchayat performs, makes this small institution very much important in the context of Rural-Urban Scenario. The Nagar Panchayats perform two types of functions – obligatory and discretionary. The obligatory functions include water supply, drainage, scavenging of the streets, street lighting, sanitation and health etc. The discretionary functions include primary education, organization and management of fairs, bathing ghats, social and economic development planning, slum improvement and upgradation, urban forestry, urban poverty alleviation etc. All such function plays important role in the basic socio-economic conditions of the transition area of Nagar Panchayat.

The required sources of revenue of the Nagar Panchayats are – taxes, fees, levies imposed by the Panchayat like taxes on houses, vacant lands, vehicles, trades, professions, fairs etc., licence fee for business and commercial establishment, fee on building construction, receipts from water supply etc., proceeds from rent or sale of property, grants and donations given by the Union or State Government or by a local authority or by any other organization.

Answer : The passage of the Constitutional (73rd and 74th) Amendment Act, 1992 marks a new era in the federal democratic set up of the country and provides constitutional status to the Panchayati Raj Institutions (PRIs).

Some specific provisions were incorporated into the constitution to make this ground level institution autonomous and self-dependent. Those few provisions are: (1) creation of a three-tier Panchayati Raj structure at the Zilla, block and village levels, (2) all posts at all level to be filled by direct elections, (3) the minimum age for contesting elections to PRI, to be 21 years, (4) reservation of seats for SC/ST, in Panchayats (chairman and members), in proportion to their population, (5) reservation for women in Panchayats (chairman and members) upto 1/3rd seats, (6) creation of state election commission to conduct elections to PRIs, (7) tenure of PRIs fixed at 5-years, and if dissolved earlier, fresh elections to be held withinsix months and (8) in order to review the financial position of the Panchayati Raj Institutions, each state to set up a State Finance Commission every five years.

The latest amendments make elections to village panchayats mandatory every 5 years. This guarantees the rights of local self-government institutions to exist independent of the whims and political colour of the state government. Hitherto state governments were free to dissolve the local level elective bodies. For instance, in July 1992, Madhya Pradesh government dissolved all Panchayati Raj institutions for no valid reasons. Such indiscretionary acts will no longer be possible. Under the amendment, fresh elections are to be held within six months of dissolution. This gives stability to this otherwise highly vulnerable institution.

That local bodies are to be made financially solvent is another striking feature of the new legislation. It is obvious that decentralized decision-making carries little sense, without carrying out the local programmes. The amendment provides for the devolution of resources to local bodies and also empowers them to rise some resources of their own. The provision for the setting up of the finance commissions to allocate adequate resources to the Panchayati Raj institutions is a welcome feature, which raises the autonomy of the institution and its self-reliance.

The statutory compulsory representation of the weaker sections of the local society in the local elective bodies is another striking feature which tries to establish social autonomy in this institution. The reservation of seats for women and members of scheduled castes and tribes is good but this does not go far enough. Studies show that generally women do not have any clear idea of their powers under the Act. It has also been found that they generally affix the thumb impressions to papers on major decisions taken at meetings, which they have not been attended.

The Panchayati Raj, today, is functioning in all the states though there are inevitable variations from state to state in regard to its details including structure, number of tiers, location of authority, length of tenure, etc.

The 74th Act introduces a new part, namely part IX A, in the constitution. This part deals with issues relating to municipalities such as their structure and composition, reservation of seats, elections, power and functions, finances and some miscellaneous provisions.

In India, for the administration of urban areas, several types of municipal bodies are created for the towns and cities, depending on their size, population, industrial or other importance etc. These bodies are: Municipal Corporation, Municipal Council/Committee, Notified Area Committee, Town Area Committee, Township, Cantonment Board and Special Purpose Agency/Authority. Municipal Corporation are set up in big cities. It has a statutory status as it is created by an Act on the state legislature or of the Parliament in case of a union territory.The municipal corporation is a popular body that provides representation to local people. Most of its members are directly elected on the basis of adult franchise. It does not have the sovereign status or inherent powers. It exercises only those functions, which are allocated to it by the state government. Reservation of seats for SC/ST in proportion to their population in relation to the total population and not less than 1/3 seats to be reserved for the women candidate. Setting up of the Election Commission in the states for superintendence, direction and control of the preparation of electoral rolls and conduct of all the elections to the municipalities.

Finance Commission to be set up within one year from the commencement of the constitution and there after at the expiration of every five years having wide-ranging powers regarding distribution, allocation of resources and grant-in-aid to be made between the Municipality and State Government. These features provide autonomous power to these institution to ensure efficient running of urban local administration.

These are seen frequent encroachment in the efficient running of these institutions, which needs to be checked out if the grass level administration needs to be improved. These institutions are required to be provided more autonomy to ensure their free and efficient business.