Local Government

Local Government can be understood as the government at the villages, mandals and district levels. These forms of government are also called grass root level government as they are closer to the ordinary people. They involve themselves in day-to-day grievance redressal and have powers and functions envisaged on them by the state governments.

What is a Local Government?

• Local self-government entails the devolution of power to the lowest levels of the political hierarchy.
• It is a type of democratic decentralization in which even the most basic members of society are included in the administrative process.

Evolution of Local Government

• Rajasthan developed the first Panchayati raj system in India in Nagaur district in 1959, followed by Andhra Pradesh.
• Following that, the system was adopted by the majority of the status quo.
• The design of local self-government, the degree of power to be devolved, and financing were all key concerns.
• Several committees were formed by the respective union governments to come up with a solution.Some of the important committees are:
  • Balwant Rai Mehta Committee
  • Ashok Mehta Committee
  • G V K Rao Committee
  • L M Singhvi Committee
  • Thungon Committee
  • Gadgil Committee
• Many committees such as L M Singhvi, Thungon and Gadgil Committees emphasized on the need for constitutional status for Panchayat Raj Institutions.
• The Constitutional Amendment phase began with Rajiv Gandhi’s introduction of the 64th Amendment Bill (1989), which sought to strengthen the PRIs but was not passed by the Rajya Sabha.
• In 1990, the Constitution (74th Amendment) Law (a joint bill for PRIs and municipalities) was submitted, but it was never debated.
• In September 1991, while P.V.Narasimha Rao was Prime Minister, a comprehensive modification was submitted in the shape of the Constitution 72nd Amendment Bill.
• Parliament ratified the 73rd and 74th Constitutional Amendments in December 1992. Local self-governance was introduced in rural and urban India as a result of these modifications.

Structure of Local Government in India

In India the local government can be broadly classified into two categories:

1. Panchayati Raj
2. Municipalities

Panchayati Raj

• The term Panchayati Raj in India signifies the system of rural local self-government along with development.
• It has been established in all the states of India by the Acts of the state legislatures to build democracy at the grass-root level and was constitutionalized through the 73rd Constitutional Amendment Act of 1992.
• Rajasthan was the first state to establish Panchayati Raj in 1959 and was followed by Andhra Pradesh, which also adopted the system in 1959 itself.

Municipalities

• The Municipalities are the local self-government units in the urban areas.
• The term urban local government in India signifies the governance of an urban area by the people through their elected representative.
• The jurisdiction of an urban local government is limited to specific urban areas which is demarcated for this purpose by the state government. Subject of ‘urban local government’ is dealt with by the Ministry of Housing and Urban Affairs (States), Ministry of Defence (cantonment boards) and Ministry of Home Affairs (Union Territories).

73rd Amendment Act

India’s 73rd Constitutional Amendment Act was enacted on 24^th April 1993 to foster democratic decentralization. 73^rd Amendment Act establishes a comprehensive three-tier Panchayati Raj system across rural India. Delving into decentralized governance, it empowers local communities, enabling grassroots participation in planning and development initiatives. This amendment is based on the Gandhian Principle of DPSP which recommended grass root level democracy i.e. people should decide matters on their own.

Background

• Though the Panchayati Raj Institutions have been in existence for a long time, it has been observed that these institutions have not been able to acquire the status and dignity of viable and responsive people’s bodies.
• Some reasons were
  • absence of regular elections,
  • prolonged supersession,
  • insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and women,
  • inadequate devolution of powers and lack of financial resources.
• Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
• In the light of the experience in the last forty years and in view of the short-comings which have been observed, it was considered that there is an imperative need to enshrine in the Constitution certain basic and essential features of Panchayati Raj Institutions to impart certainty, continuity and strength to them.

Constitutional Provisions

• The central government of India passed the 73rd Amendment Act in 1992 to solve these problems and enhance local self-government.
• The law was approved by both houses and went into effect on April 24th, 1993.
• The 11th schedule was added to the constitution through this amendment which contained 29 subject matters of the Panchayats.
• Part IX was added to the Constitution which contained provisions from Articles 243 to 243 O.
• This amendment brought the state governments under constitutional obligation to adopt the new system of Panchayati Raj in accordance with the provisions of the act.