Local government in India PDF

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Summary

1. Details of Module and its StructureModule DetailSubject Name Political SciencePaper Name Public Policy, Governance and Indian AdministrationModule Name/Title Local Administration: Rural Local Bodies and their officialsModule IdPre-requisites Rural area, urban area, local government.Objectives To ...

Description

1.

Details of Module and its Structure Module Detail

Subject Name

Political Science

Paper Name

Public Policy, Governance and Indian Administration

Module Name/Title

Local Administration: Rural Local Bodies and their officials

Module Id Pre-requisites

Rural area, urban area, local government.

Objectives

To have overview of functioning of rural local bodies in India.

Keywords

Gram Sabha, Gram Panchayat, Panchayat Samiti, Zila Parshad.

Structure of Module/Syllabus of a module Local Administration: Meaning and Significance; Evolution of Local Administration; Rural Local Bodies Gram Sabha; Gram Panchayat; Panchayat Samiti.

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2. Development Teams

Role

Name

Affiliation

Principal Investigator

Prof. Ashutosh Kumar

Paper Coordinator

Prof. Ramanjit Kaur Johal,

Department of Political Science, Panjab University, Chandigarh Department of Public Administration, Panjab University, Chandigarh.

Prof. Amit Prakash

Content Writer/Author (CW)

Prof. Swinder Singh

Content Reviewer (CR)

Dr. Vibha Sharma

Language Editor (LE)

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Centre for Law and Governance, SSS, Jawahar Lal Nehru University, New Delhi. Professor, Department of Correspondence Studies, Panjab University, Chandigarh Associate Professor, Department of Public Administration, MCM DAV College, Sector 36-A, Chandigarh

LOCAL ADMINISTRATION: RURAL LOCAL BODIES

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Objectives Introduction Local Government – Meaning and Significance 5.3.1 Elements of Local Government 5.3.2 Significance of Local Government Evolution of Local Government - A Brief account 5.4.1 The Panchayat Tradition 5.4.2 Setting up of Panchayati Raj 5.4.3 The 73rd Constitutional Amendment Act Gram Sabha 5.5.1 Meetings 5.5.2 Functions of Gram Sabha 5.5.3 Role of Gram Sabha Gram Panchayat 5.6.1 Composition 5.6.2 Reservation of Seats 5.6.3 Term of Gram Panchayat 5.6.4 Role of Sarpanch 5.6.5 Functions of Gram Panchayat 5.6.6 Gram Panchayat Finances 5.6.7 Gram Panchayat Officials Panchayat Samiti 5.7.1 Composition 5.7.2 Major Functions 5.7.3 Panchayat Samiti Officials Zila Parishad 5.8.1 Composition 5.8.2 Chairman – Zila Parishad 5.8.3 Functions of Zila Parishad 5.8.4 Chief Executive Officer

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Objectives: After going through the module you would be able to:  Explain the concept of local government  Trace the evolution and growth of Panchayati Raj Institutions  Appreciate the significance of gram sabha  List the basic provisions of 73rd Constitutional Amendment  Elaborate the structure and functions of three tier Panchayati Raj setup Summary An enormous expansion of the functions of state and the fields of government activity has been witnessed particularly during the last one hundred years. Even the nature of duties and functions has also changed since independence. Nowadays the local authorities are becoming a part and parcel of our government system. At the time of independence we had a well developed system of urban local bodies but as far as rural areas were concerned there were only the village panchayats who were working as per their traditions and were conditioned by their socio-economic and cultural environment. Thus, local authorities today are required not only to attend to routine municipal functions, but are fast assuming the role of local executive agencies for implementing national programmes and realizing national objectives. In general a local government may be regarded as the administration of a locality which involves the conception of territorial, non-sovereign community possessing the legal right and the necessary organization to regulate its own affairs.

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INTRODUCTION In India, we have a long tradition of local administration in the shape of district administration, municipal administration and panchayats system. In this module, we shall focus on the significance of local government, a brief account of origin of rural local bodies, the legal and constitutional framework of rural local bodies viz. Gram Sabha, Gram Panchyat, Panchayat Samiti and Zila Parishad, their composition, functions and working.

In fact no government structure, whatever its character, can be complete without some form of local institutions. The system of local government is found in every nation as a part of its governmental or constitutional structure, irrespective of its dominant political philosophy or the form of national government. Even in a highly centralised systems of government, there has to be some measure of decentralisation through delegation or devolution for the simple reason that no central government can have living contacts with the problems of local area and deal effectively with the daily routine of local administration.1 5.3 Local Government: Meaning and Significance Meaning & Definition: In simple words local government means, a set of government institutions at local level, however, this is a very simplistic definition. In general a local government may be regarded as the administration of a locality which involves the conception of territorial, nonsovereign community possessing the legal right and the necessary organization to regulate its own 1

Parkash Gian, “Development of Social Government”, The Indian Journal of Public Administration, Vol. 9, No.3, 1963, p. 201.

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affairs. This in turn pre-supposes the existence of local authority with power to act interdependently of external control as well as the participation of the local community in the administration of its own affairs.2 According to another definition “Local government means authority to determine and execute measures within a restricted area inside and smaller than the whole state. The variant self government is important for its emphasis upon the freedom to decide and act.” 3 To John Clarke, “the local government appears to be that part of the government of a nation or state which deals mainly with such matters as concern inhabitants of a particular district or place. 4 On the other hand Goulding in simple words stresses that “local government is the management of own affairs by the people of a locality”5 In the same vein, B.K. Gokhale while using the term “local self government” calls it a government of a specified locality by the people through the representatives elected by them.6 5.3.1 Elements of Local government: In continuation with the above explanation of the concept of local government it would be worthwhile to learn about the essential elements or attributes of a local government. For a system of local self government generally five essential features are noted.7 These are briefly elaborated here: 1. Local Area: Every unit of local government in its geographical jurisdiction has a well defined territory. Its boundaries are fixed by the state governments. Its activities are confined to a locality, or territorially restricted area. It may be a city, a town, a village or a group of villages or even a district. One significant principle guiding the area is that the inhabitants of an area have a community of social and civic problems which require a solution. To be more specific, it is concerned with the administration of services which are mainly local, and the benefits of which are enjoyed by the inhabitants of the locality. 2. Local Inhabitants: The second essential component is the local people for whom a local government institution discharges the functions relating to civic amenities, roads, health and educational facilities, infrastructure and a number of services. In fact many a times the local authority proves to be more important to the local inhabitants than the state or central government. 3. Local Authority: Local government represents a particular set of local views, conditions, needs and problems which are administered by a local authority – a Council or a Board. It is elected by and responsible to the people of locality. The local authority is empowered to raise the necessary revenue and administers the money for promoting social welfare. 4. Local Finances: As pointed out above every local authority needs funds to perform its functions and provide the necessary services to the inhabitants of the locality. The local government services are financed, wholly or largely, out of locally raised funds. The local revenue is derived from local enterprises, local services or the wealth of local citizens located within the limits of local bodies. The local government is clothed with authority to levy and collect taxes. 5. Local Autonomy: An essential characteristic of local authority is some kind of autonomy which coupled with democratic character, constitutes the real essence of a local government. In fact, the scope of local functions has a direct bearing on the scope of local autonomy. But to determine the extent of local autonomy seems to be a difficult exercise because local jurisdiction varies from one pattern to another, one country to another, and 2

Robson, William A., Encyclopedia of Social Sciences, Vol. 9, The Macmillan Co., New York, p. 574. Encyclopedia Britannica, Vol. 14, London, p. 261-62. 4 Clark, John J., The Local Government of United Kingdom, London, P. 5 Goulding, L., Local Government, London., p.19. 6 Gokhale, B.K., The Constitution of India, Sheth and Co., Bombay, 1972, pp. 1301-02. 7 Muttalib, M.A. and Akbar Ali Khan, The Theory of Local Government, Starling Publishers, 1982, p.1 3

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within the same country, from one local authority to another.8 For example, in India, in the Panchayati Raj System, the higher levels enjoy more autonomy than the lower levels. Similarly, bigger local authorities, like the municipal corporations, enjoy greater degree of autonomy as against the municipalities. In a similar fashion, the urban bodies may be more autonomous than the rural ones depending on their political maturity, financial strength and the nature of problems they face. Chunk Text

Elements of Local Government

Text for Voice Narration Local Area Local Inhabitants Local Authority Local Finances Local Autonomy

It nutshell, the core of local autonomy comprises the following things.9 (i) The local government is a body corporate. (ii) It has a legal personality of its own. That is, in the eyes of law, it has a free will and the power of action of its own. (iii) It has legal jurisdiction over its defined locality and people. (iv) The inhabitants of a local area have a legal right to choose their government. (v) The local government is bestowed by a law, a sort of immortality, a continuous life. The people may come or go, population may increase or decrease, the form of government and the extent of powers may be changed yet its legal entity will continue. Thus, its perpetual succession will also continue indefinitely. (vi) The elected element of a body enjoys supremacy over other elements of local government. (vii) The local affairs are regulated by bye-laws framed by the body. (viii) The local government guides, supervises and controls local administration. ix) It has been empowered to adopt its budget subject to law. 5.3.2

Significance of Local Government:

Local government plays a significant role in the life of a nation and its citizens. De Tocqueville, a noted French writer opines that the local government institutions constitute the strength of a free nation. Local government is also a way of r econciling people’s desire for self management and the social need for public control.10 Thus, the purpose served by the local government is valuable not only on account of the services it renders for the common welfare of the community, but also on account of the opportunity it places before the citizens to have free, intelligent and active participation in the government of their local area and thereby enhancing their creative interest, enthusiasm and local patriotism.11 The significance of local government has also been highlighted by a number of Indian authors, such as T. Appa Rao who writes that "The local government fulfils all the domestic needs of a civilized community. It also creates among the citizens personal interest in their common affairs and throws the field open for their constructive and creative activities. It also serves as an expression of political consciousness and as a means of political education and renders the citizens fit for their civic duties and responsibilities by enabling them to participate in public affairs. 8

Muttalib, Ibid., p. 235. Muttalib, Ibid., p. 235. 10 Srivastva, Om Sri, Municipal Govt. and Administration, Chugh Publications, Allahabad, 1980, p. 12. 11 Ibid. 9

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It also generates in people an aesthetic sense that makes them beautify and adorn the land they inhabit. It provides the best opportunity to men and women to bring their local knowledge and enthusiasm to bear on the solution of their own peculiar problems". 12 Jawahar Lal Nehru, while speaking of a motion of thanks to the President for his address, underlined the need for the local government as it could develop in the people the spirit of selfreliance and new thinking of the new ways and understanding of the world.13 The significance of local government may also be summarized in the following manner:14 a) It contributes to the strengthening of Democracy. b) It contributes to educate the citizenry. c) It acts as a nursery of democracy as it helps to train the budding leaders. d) It helps to check the power of bureaucracy. e) It provides daily essential services to the people. f) Local government reduces the burden of higher levels of government. g) Serves as ideal channel of communication between the government and people. h) Encourages the participation of people and civil society in the governance. i) It helps towards mobilization of local resources. j) Plays effective role in integrated social, economic and cultural development. Besides these, local self government serves as corrective measure for the ills of representative democracy. At the same time it provides ground for experimentation in a number of social and economic matters. It is due to the above merits that local government has assumed an increasing importance in the political and administrative set up of both developed and developing countries. 5.4 Evolution – A Brief Account 5.4.1. Panchayat Tradition: India is said to be having the oldest tradition of self government in the villages. The roots of self government can be traced to as far back as 3000 B.C. i.e. the period of Indus Valley Civilization. During this period, basic civic services like maintenance of streets, providing street lights, water supply, drainage, etc. were taken care of in a fashion of modern local self governments. Reference to such a highly organized system of local government can also be found in the Vedas, in the Epics of Ramayana and Mahabharata, in the Upanishads and in Kautilyas ‘Arthashastra’ village was the basic unit of local administration and gramine was the village headman. During different empires of Ancient India (Mauryan, Gupta or Chola Empire) village was the basic unit of administration.15 Under the Mughal empire the village panchayats were allowed to function independently for their internal matters as in the ancient period. However, their judicial powers were curtailed by the Mughals. The tradition and system of village panchayats has always been glorious and attracted the attention of a number of foreign visitors and writers. Sir Charles Metcalfe in an article about the life in the ideal village refers them as the 'little republics'. He stated: "They seem to last where nothing else lasted. Dynasty after dynasty tumbles down; revolution succeeds revolution; Hindu, Pathan, Mughal, Maratha, Sikh, English, are all masters in turn; but the village communities remain the same. In times of trouble they array and fortify themselves; a hostile army passes through the country: the village communities collect their cattle within their walls, and let the enemy pass unprovoked .This union of the village communities, each one forming a separate little state in itself, 12

Rao, T. Appa, “Municipality : Its significance” Civic Affairs, 1973, p.11 Government of India, Lok Sabha Debates, Fourth Session, Vol. 12, p. 1308. 14 Singh, Sahib and Swinder Singh, Local Government in India, New Academic, Jalandhar, 2004. 15 Havell, E.S., The History of Aryan Rule in India, London, 1918, p. 235. Quoted in R.L. Khanna, Panchayati Raj in Punjab, p.10

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has contributed more than any other cause to the preservation of the people of India through all the revolutions and changes which they have suffered; and is in a high degree conducive to their happiness, and to the enjoyment of a great portion of freedom and independence."16 During the British period the Indian Statutory Commission observed, "Local selfgovernment in India in the sense of a representative organization, responsible to a body of electors, enjoying wide powers of administration and taxation, and functioning both as a school for training in responsibility and vital link in the chain of that make up the government of the country is a British creation.”17 A number of British Viceroys Commissions and Committees passed resolutions about decentralization and strengthening of local government in India. The prominent among these are: Lord Mayo, Lord Ripon, Royal Commission on Decentralization and the Government of India Act of 1919 and of 1935. However, in most of the cases the emphasis was mainly on the urban local bodies while the village panchayats were neglected. 5.4.2. Setting up of Panchayati Raj During the early years of planning after the country’s independence efforts were made to strengthen the system of panchayats in India. The first five year plan documents writes: “The Panchayat as an institution has not yet become the instrument of village reconstruction and development which it was intended to be…. .it is believed that it would be able to perform its civic functions satisfactorily only if the panchayats are associated with an active process of development in which the village panchayats itself is given an effective part.” 18 Thus the First Plan emphasized the importance of local self government bodies in every field of development. Since more than 85 per cent population of the then India lived in the villages, their problem had to be fought in the country side. As a result, the Community Development Programme was launched in 1952 as the biggest rural reconstruction scheme. It was a movement designed to fight against hunger, poverty, disease and ignorance through a self-help programme. The programme was launched with American Aid through the Ford Foundation under the Indo-US Technical Cooperation Agreement. In 1953, the National Extension Service Programme was inaugurated to provide the basic organization. Each block was put under the charge of a ‘generalist’ called the Block Development Officer, who was to be assisted by a team of extension officers, garm-sevaks and gram sevikas. The extension officers were to be the functional specialists handling development in the fields of agriculture, animal husbandry, rural industries, social education, cooperation, public works and the like. The Community Development Programme was started with a lot of expectations but by the end of the First Plan it was realized that it had failed to achieve any of its basic objectives. This led the government to go in for some serious thinking to re-establish the interest of people. Taking into consideration all these problems, the Planning Commission, therefore, requested the National Development Council to get all this examined by some expert team. Balwant Rai Mehta Committee The Committee on Plan Projects was constituted which appointed a study team under the chairmanship of...