The 73rd and 74th constitutional amendment Acts were introduced about 30 years ago to assist democratic decentralization in India, but very little practical progress has been accomplished in this regard.

 Democratic Decentralization –

  • Concerning: Democratic Decentralization is the process of devolving governmental responsibilities and resources from the center to elected representatives at lower levels in order to allow for greater direct public engagement in governance.
  • The Indian Constitution envisions devolution as more than just delegation.
  • It entails that carefully defined governance roles be explicitly entrusted by law to local governments, supported by the proper transfer of a basket of financial grants and tax payments and that they are provided with employees to carry out their obligations.

Constitutional Provisions Related to Local Government in India:

  • The Constitution requires panchayats and municipalities to be elected every five years and requires states to delegate activities and obligations to them through legislation.
  • The 73rd and 74th Amendments required the formation of panchayats and municipalities as elected local governments in India by constitutionally creating Panchayati Raj Institutions (PRIs).
  • Part IX titled “The Panchayats” (added by the 73rd Amendment) and Part IXA titled “The Municipalities” were added to the Constitution as a result of these revisions (added by the 74th Amendment).
  • Panchayats’ powers, authority, and responsibilities are outlined in the 11th Schedule.
  • Municipalities’ duties, jurisdiction, and obligations are outlined in the 12th Schedule.
  • Article 40: Establishment of a village panchayat

What are the Local Bodies’ Major Achievements?

Representation of Rising Women: 

  • Since the passage of the 73rd Amendment Act, the proportion of elected female legislators has continuously increased.
  • India now has 260,512 Panchayats with 3.1 million elected members, including a record 1.3 million women.
  • While women have less than 10% participation in Parliament and State Assemblies, they make up approximately 49% of local elected members (in places like Odisha, it is above 50%).

Healthy competition among many states:

  • The 73rd and 74th Amendments established healthy competition among states in terms of devolution (the 3Fs: funds, functions, and functionaries).

As an example:

  • Kerala has delegated 29 tasks to Panchayats.
  • Rajasthan was inspired by Kerala to devolve numerous vital areas, including health, education, women, and agriculture, to PRIs.
  • Similarly, Bihar introduced the concept of “Panchayat Sarkar,” while many states such as Odisha have increased the proportion of seats reserved for women to 50%.

What are the Problems with Indian Local Governments?

Inadequate funding:

  • The funds provided to local governments are insufficient to cover their fundamental needs.
  • A variety of factors limit the usage of money, including rigidity in spending the authorized budget.
  • There has been minimal investment in empowering and strengthening local governments to levy their own taxes and user fees.

Infrastructure Difficulties:

  • Some Gram Panchayats (GPs) share space with schools, Anganwadi centers, and other organizations since they do not have their own building.
  • Some have their own building but lack essential amenities such as toilets, running water, and an electricity connection.
  • While GPs have internet access, it is not always operational. Panchayat officials must attend Block Development offices for data entry reasons, which delays the job.

Manpower Shortage:

  • Local administrations lack the personnel to carry out even the most basic responsibilities.
  • Furthermore, because most workers are engaged by higher-level departments and placed on deputation with local governments, they do not feel accountable to the latter; they work as part of a vertically integrated departmental structure.

Elections that are untimely or delayed:

  • States frequently postpone elections, in violation of the constitutional provision of five-year elections for local administrations.

The local government’s role has been reduced:

  • Local governments serve primarily as execution mechanisms rather than as policy-making bodies for local development. Technology-enabled initiatives have further diminished their importance.

Corruption:

  • Criminals and contractors are drawn to local government elections by the massive quantities of money that are now available to them. As a result, a market chain of corruption occurs, involving a collaboration between elected politicians and authorities at all levels.
  • However, there is little indication that decentralization has increased corruption.

The Way Forward:

Gram Sabha revitalization:

  • Gram Sabhas and ward committees in metropolitan areas must be revitalized in order to fulfill the goal of real-world involvement.

Organizational Structure Strengthening:

  • The organizational frameworks of local governments must be improved with adequate people.
  • To maintain the efficient operation of panchayats, serious efforts should be made in the recruitment and employment of support and technical employees.

Comprehensive Taxation Mechanism:

  • Create a comprehensive taxing system at the municipal level. Gram Panchayats cannot be held responsible without local taxes

Finances:

  • The Ministry of Panchayati Raj should keep track of the release and expenditure of Finance Commission funding to ensure the release and expenditure of Finance Commission funding to ensure that they are not delayed.
  • It should also be assured that grants are used properly and effectively.
  • Panchayats should also be encouraged to conduct frequent local audits in order to avoid delays in Finance Commission funds.

Source: TH