Emergence of Local Self Governance in India: A Theoretical Analysis

Emergence of Local Self Governance in India: A Theoretical Analysis

BY- TAMSEEL FATMA LAW STUDENT (PENULTIMATE YEAR) Hamdard Institute of Legal Studies and Research, School of Law. Jamia Hamdard

ABSTRACT

India, with its large territory and diversified populace, has always needed a robust and effective political structure to run its affairs. From a monarchical empire to a British colony, and ultimately attaining independence in 1947, India has experienced tremendous changes in its political and administrative organisation throughout the years. But India did not see the rise of local self-governance as a new form of governance until the 1990s. To enable local communities to participate in the administration of their own affairs, local self-governance involves the decentralisation of authority and decision-making. The 73rd Constitutional Amendment, which was passed in 1992, gave rise to the idea of autonomous local authorities at the village, block, and district levels. Along with the authority to levy taxes and decide on matters pertaining to the local community, these organisations were tasked with devising and carrying out development plans and initiatives. The author of this essay aims to present the foundational ideas of this three-tier governance structure as well as a brief summary of its historical background.

Keywords: India, political organisation, emergence, local self-governance, three-tier government.

INTRODUCTION

The term "local governance" refers to the administrative powers that are exercised over regions that are smaller than states. Every nation has a type of local government that is unique from others, and local administrations often operate under the authority granted to them by laws or instructions from higher levels of government. The village headman or tribe chief is the lowest level of local administration in prehistoric civilizations. Local governments often possess some of the same authorities as national governments in contemporary nations. They often have some tax-raising authority; however, this may be constrained by national laws. One of the most important issues in public administration and governance is municipal autonomy, or the powers that local governments have or ought to have.

Countries have very different local government structures, and even in those that have comparable setups, the language is frequently different. After the state and federal governments, the local government is the third tier of governance in India. There are now two forms of local government in use: Municipalities in metropolitan areas and Panchayats in rural areas. In the context of local government or administration, a village is regarded as the fundamental unit of social life in India. The majority of Indians still reside in villages—more than three quarters do. We shall discuss the definition, features, and historical context of local self-governance in this essay.

HISTORICAL BACKGROUND OF LOCAL SELF GOVERNANCE IN INDIA

The aspirations for the socioeconomic change of rural India are reflected in Article 40 of the Indian Constitution's Directive Principles of State Policy. Better resource utilisation and democratic decentralisation have been made possible by Panchayati Raj institutions, which are local units of self-government. Through empowering citizens and involving them in decision-making, Panchayati raj upholds democracy and improves socioeconomic situations. A nation cannot achieve democracy unless its citizens participate in government on a large scale.

Local self-government pre-independence era: The idea of elected representatives in urban municipalities was first introduced in 1870 by Lord Mayo, the viceroy of India from 1869 to 1872, who considered that decentralisation of powers was necessary to achieve administrative efficiency. The Uprising of 1857 had placed a significant burden on the imperial budget, and it was decided that local service should be paid for by local taxes. Thus, the adoption of Lord Mayo's decentralisation resolution resulted from financial pressure. The British government was compelled to provide village autonomy when the Government of India Act 1935 was passed, despite their lack of enthusiasm in doing so, in order to maintain their authority over India and to satisfy their financial needs. The rural republic of India was thriving before to the arrival of the British. It suffered a setback whilst under British control. Independent rural communities and their panchayats stopped receiving supplies. Formally established village government institutions took their place. The highly centralised structure of British authority appears to have eroded local autonomy.

Local self-government post-independence era: The Indian government, which was established following independence, was tasked with bolstering the Panchayati raj system. It was evident that India, a nation of villages, needed to fortify local panchayats in order to fortify democracy. Gandhi, who had a deep faith in Grama Swaraj begged for the rural populace to get more authority. In order for the villages to become self-sufficient, he believed that they should be governed by elected panchayats. In order for village panchayats to function as autonomous government entities, the states must organise them and grant them the essential rights and authorities, referring from Article 40 of the Directive Principles of the State Policy. Since the Directive Principle of State Policy is not legally enforceable on the governments, the most crucial element to develop grassroots democracy was overlooked by the drafters of the Constitution. For more than forty years, the Panchayati Raj institutions were plagued by this constitutional shortcoming. It was for this reason that the 73rd Amendment to the Constitution had to be passed. These forty years have seen several committees were established at various periods to offer suggestions for bolstering panchayats. Below is a quick discussion of a few of these committees.

73rd Amendment Act and its essential features:

1. Under Prime Minister P. V. Narasimha Rao, the Congress administration submitted a law on Panchayati Raj in September 1991. It was enacted in 1992 with minor revisions as the 73rd Amendment Act, and it went into effect on April 24, 1993.

2. Every village was to have a Gramme Sabha, according to the 73rd Amendment Act. All of the individuals in the panchayat region who are registered to vote will make up this body. It provided the Panchayati Raj system at the time a three-tier structure.
   district, village, and intermediate levels. Smaller states with fewer than 20 lakh people would be forced to adopt panchayats at the intermediate level.

3. All three tiers of panchayat seats are to be filled by direct election. Furthermore, the village panchayat chairperson may be elected to the intermediate level of the panchayat. Members of the district and intermediate panchayats may also be MPs, MLAs, or MLCs.

4. One-third of the total number of seats in each panchayat should be designated for women, and seats for SCs and STs should be allotted based on their population. Periods of time allotted for the SCs and STs by the panchayat chairperson at all levels
   ratio throughout the state. At all levels, women would also be allocated one-third of the positions as panchayat chairpersons.

With the purpose of providing Panchayati Raj institutions constitutional stature and requiring state governments to execute them, the 73rd Amendment Act seeks to reorganise these organisations. These institutions, according to their detractors, are not decentralised political entities but rather implementation organisations for developmental projects.

The following local self-governments, or panchayats, are required to be established in rural areas under the 73rd Amendment:

1. At the village level- Gram Panchayat

2. At the level of a group of villages in those states where the population exceeds 2 million- Taluka, Bloc, Samiti

3. At district level- Zilla Parishad

The following local self-governments, or municipalities, are required to be established in urban areas under the 73rd Amendment:

1. Municipal corporations (Mahanagar Palikas) in areas that have a population of over a million

2. Municipalities or Municipal Councils (Nagar Palikas) for areas with less than one million population

3. Nagar Panchayats or Town Councils for areas in the middle of transitioning from rural to urban.

CONSEQUENCES OF LOCAL SELF GOVERNANCE AFTER 73RD AMENDMENT ACT 1992

The establishment of a democratic local self-governance system in India was a difficult process fraught with challenges. The following are the main obstacles and issues that need to be addressed in order to complete this task:

• The lack of financial assistance from the central and state governments for recently founded local institutions results in disproportionate intrusion by state authorities in the financial decisions of self-governing entities, so limiting their independence and imposing needless investments.

• In rural parts of impoverished states, self-governments suffer from low efficacy, low tax culture, high tax collection expenses, and pervasive corruption, which leave them with insufficient net profits from local taxes, tolls, and fees.

• One major problem is the lack of skilled workers, especially in areas with weak economies. This makes it difficult to resolve conflicts of interest and cross racial, language, and religious divides, especially when it comes to council members and specific local economic sectors.

• Lack of resources, space, equipment, and contemporary communication pose problems for India's self-government institutions. Although the year 2000 brought about improvements in the Indian computer and IT sector, impoverished and underdeveloped states still have inadequate communication at the local administrative level.

• Following the 2011 Census, up to 30–40% of the population (those older than seven) in several states was found to be illiterate.

CONCLUSION

Local self-governance has also been successful in promoting participatory democracy and grassroots development. The formation of Village Development Committees and Ward Committees have given a platform to the local communities to voice their concerns and actively participate in decision-making processes. This has led to the identification of local needs and better utilization of resources for the development of the local areas. Moreover, with the decentralization of power and resources, local bodies have been able to implement various government schemes and programs more effectively. They have also been instrumental in promoting sustainable and inclusive development by focusing on issues such as sanitation, education, and healthcare which directly impact the lives of the people. However, there are still challenges in the effective functioning of local self-governance in India. One of the major challenges is the lack of financial resources, as most of the local bodies rely on state governments for funding which often leads to delays and inadequate budgets. There is also a need for capacity building of elected representatives and officials at the local level to ensure efficient management and implementation of policies and programs. In conclusion, the emergence of local self-governance in India has been a gradual process, with the 73rd Constitutional Amendment being a major milestone. It has brought governance closer to the people and has the potential to address the diverse needs of the local communities. However, for it to be truly effective, there is a need for stronger political will and support from all levels of government, along with active participation and empowerment of the local communities. Local self-governance is a crucial step towards building a stronger and more inclusive democracy in India.