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Development of local Government
The table shows the distribution of local governments vis-à-vis
population.
In this lesson the financial structure of the local governing
bodies is also learned.
Int roduct ion
The Republic of India is a federal union comprising twentyeight
states and seven union territories in the south Asian
sub-continent. It has a population of 1,049,700,0001 and a land
area of
3,287,263 sq km.2 The president is the head of state with
executive powers, advised and aided by a council of ministers
led by a prime minister. The executive consists of the president,
vicepresident, and the council of ministers.3 The president is
elected for five-years4, by an electoral college made up of
members of both houses of parliament (the Lok Sabha and
the Rajya Sabha), and the legislative assemblies of each state.
The president normally appoints the Prime Minister from the
leader of the largest party. The president appoints other
members of the council of ministers based on their advice. The
legislature is bicameral, and consists of the Lok Sabha and the
Rajya Sabha. Members of the Lok Sabha are directly elected
under first past- the-post. The parliamentary term is no more
than five years. The Lok Sabha currently has 545 members, 543
are elected and two are appointed by the president to represent
the Anglo-Indian community – a discretion presidents may
exercise if, in their opinion, the community is under-represented.
5 Rajya Sabha members are elected indirectly by the state
legislatures with representation proportionate to their populations.
In addition the president nominates twelve members for
their expertise. Rajya Sabha member’s number up to 250. India
is composed of twenty-eight states,each with its own state
legislature and numerous local government bodies within its
territory. Besides these,there are also seven union territories
governed directly by the union government (centralgovernment),
which may have one or more local government bodies
within their territory. Local government is divided between the
rural authorities (panchayats) and urban authorities (municipalities).
Each sector is further subdivided into a number of
categories based on population. In 1995 the contribution of
local government to GDP was 4.6 per cent.7
Political and organisational structure ofIndia
Position oflocal government in the state
In the union government (at the national level) there are
ministers responsible for the urban sector and the rural sector
respectively. The Minister for Urban Development and Poverty
Alleviation and the Minister for Rural Areas and Employment
are guided by constitutional provisions and are responsible for
developing nationwide policy for each sector. In each state there
is a minister responsible for local government who must
oversee the administration of the relevant legislation promulgated
at the state level. In extraordinary circumstances,the
minister or state government may dissolve local government
bodies, and government
Legal basis for local government
Constitutional provisions
The 1950 Constitution of India promoted the establishment
of village panchayats but entrusted local self-government to the
states. Although this directive principle was followed to some
extent, it was not universally adopted. However in1992 the 73rd
and 74th Amendments to the constitution gave recognition
and protection to local governments.
M ain legislative texts
Each state has local government legislation, and laws are very
similar in each state. Amendments are infrequent and currently
the legislative environment is stable.13 There is a minister in
each responsible for local government and the administration
of these laws.
Local government organisational structure
The main division is between rural and urban areas. Urban local
government is single tiered, with three categories of authorities:
Nagar Panchayats (emergent urban areas),municipal councils
and municipal corporations. There are 3,694 local government
bodies in the urban sector. In the rural sector local government
may be single-tiered, two-tiered or three-tiered according to state
(see Table 2).14 There are gram panchayats (villages with an
average population of around1,000), the panchayat samitis
(around 100 villages) and the zilla panchayats (around 1,000
villages or 1,000,000 people). There are some 6,459 zilla
panchayats, 5,930 panchayat samitis and 240,588 gram
panchayats across India.
Democratic and political structures in local government
All councillors are directly elected by a first-past-the-post system.
One-third of all seats are reserved for women. There are further
reserved places for scheduled castes and scheduled tribes,
determined by their proportion of the local population. The
LESSON 16:
DEVELOPM ENT OF THE LOCAL GOVERNM ENT
158
INDIAN GOVERNM ENT AND POLITICS
places reserved for scheduled castes and tribes must also adhere
to the one-third allocation to women. Mayors are elected both
directly and indirectly in the urban sector. Mayors and councillors
are elected for a fiveyear term of office. In the urban sector
there are single member wards throughout. The average
number of elected members per authority is 21.15 In the urban
sector,all municipalities are required to establish ward committees
chaired by the local ward councillor, with the election of
ward officers defined in state municipal law. These structures are
consultative and also play a role in monitoring the delivery of
services. They have no budget to spend. All states have
legislation making these obligatory, but few have yet been
established.16 Councils work within a committee system, in
which councillors deliberate and report with recommendations
to full council for decisions.17 In the rural sector women make
up 31.3 per cent of all councillors.18 In the urban sector they
make up one-third. By law it should be one-third across all local
government bodies. The women members elected under the
reserved places represent a ward like any other member. Six
months prior to local elections, one-third of the wards are
earmarked for women representatives. At the following election
these wards lose their women-only status, and a further third
of the municipality’s or panchayat’s wards are designated for
women candidates only.
Urban councils
The following standing committees are obligatory: finance,
education, water supply and sanitation, and housing. The
standing committees are deliberative bodies only. Decisionmaking
powers remain with the full council. Councils have the
discretion to establish a wide range of other committees. In
two states,West Bengal and Madhya Pradesh,a mayor-incouncil
system has been introduced. These mayors are directly
elected for five years with executive powers. In other municipal
bodies mayors are elected for one year at a time. In some they
are elected for two years – half the full term of the council.
Where there is a mayor-in- council system, a cabinet-style
executive committee is appointed by the mayor.
Panchayati system in the rural areas
The panchayats are situated in the rural areas of India. In
twenty-two states there are three tiers in the panchayati system,
in one (Goa) there are two tiers, and in five (Jammu and
Kashmir, Manipur,
Meghalaya, Mizoram and Nagaland) there is one. States with
populations of less than two million are not required to adopt
the three-tiered system. They are not strictly hierarchically
organised, rather there is a division of duties between them.
There is limited coordination role for higher levels of the
panchayati authorities (see Annex A). State law establishes
mandatory committees; consequently this may vary from state
to state. However,generally all have executive committees. The
zilla parishads are required to have general, finance and audit,
planning, social justice, education, health, agriculture and
industrial committees. The gram panchayats have production,
social justice and amenities committees. Most states provide the
panchayats with little discretion to establish other committees.
Councillors are elected for five-year terms. The elections for
council leader can be direct or indirect, depending on state law.
Honoraria are determined by the state government
Local government staffing
Local government staff are not recruited by a centralIndian
body. However in some states there is a body for recruitment, in
others staff are recruited directly by the local authorities. The
body responsible for recruitment is also responsible for
disciplining and dismissal matters.
There are a number of officers required by law in the different
types of local councils, including municipal commissioner in the
municipal corporations, executive officer in the municipalities,
health officer and sanitary inspector. The head of the paid
service is normally referred to as the chief executive officer. The
staffing structure of first tier councils differs from state to state,
but generally the municipal commissioner is the head of the
administrative service of the municipal corporations, assisted by
deputy municipal commissioners and other officers. The health
officer is responsible for area health services. The staffing
structures of second tier councils (municipalities) differ from
state to state,but generally the executive officer is the head of
the administrative service, assisted by deputy executive officers
and other officers. The health officer is responsible for health
services in the municipal area.
Independent scrutiny
Citizens’ charters have been put in place in the cities. Citizens
can appeal to the municipality for redress,or to the state
ministry responsible for local government.
Distribution ofservice delivery competence
Local government is responsible for a limited number of
services – water supply and sanitation, waste disposal and
management, burials, street lighting and roads. More recently it
has been given a greater role in economic development and, in
the urban sector,has been given specific responsibility for
poverty alleviation. It has a role in providing lower level
education, the secondary and tertiary levels being the responsibility
of the states. Localgovernment shares responsibility for
public health and environmental protection with the states.
Financial st ruct ure
Revenue
In 1995 the aggregate revenue of urban and rural local authorities
in India was RS905,520,530,000 (US$26bn).22 No detailed
breakdown of revenue sources is available. However,there are a
number of taxes local government can impose, as well as user
fees,charges and substantial intergovernmental transfers.
Property taxes are widely used, accounting for about 60 per cent
of the revenue raised by municipalities.23
Some of the large cities impose ‘octroi’ – a levy on goods
brought into the city. The panchayats in the rural areas are
dependent on intergovernmental transfer payments for about
90 per cent of their revenue.24 A broad breakdown of revenue
sources indicates:
• Tax revenue raised by local government accounts for 21 per
cent of revenue
• Non-tax revenue raised by local government accounts for 7.8
per cent
159
INDIAN GOVERNM ENT AND POLITICS
• Other revenue including intergovernmental transfer
payments accounts for 71.2 per cent.
Revenue sharing
The Central Finance Commission and State Finance Commissions
are the bodies responsible for assessing and advising the
respective levels of government on the financial needs of local
government. General and specific grants are made to local
government by the states.
Following the recommendations of the Eleventh Finance
Commission, centralgovernment will provide financial
assistance for local authorities to strengthen their capacity to
maintain their accounts and conduct audits.25
Expenditure
The aggregate expenditure for 1994/ 5 was RS5,386,203,220,000
(US$154.3bn). There is no detailed breakdown of the aggregate
expenditure of local government in India. A broad indication is
that 24 per cent was spent on core services (water supply,
sanitation, street lighting, roads, burials and burial grounds)
and 76 per cent was spent on non-core services, including
general administration. The urban local bodies are responsible
for more than 75 per cent of all local government expenditure.
Organizations oflocal government
There are severallocal government associations including the All
India Council of Mayors, representing the municipal corporations,
and Nagar Palik Pramukh Sangthen, representing the
other urban municipalities. These associations are not recognized
in law and all have voluntary membership.
Intergovernmental relations
There are no special forums for inter governmental relations.
However the union ministries are in constant dialogue with
relevant ministries at the state level and with local government
representatives. Localgovernment representatives also seek
meetings with officials and ministers in the relevant ministries
on an ad hoc basis.
There is no formal representation of local government in the
state structures.
E-government
The government website is well developed, with links to all
state governments. There are plans to extend these links to
cover administrative offices in districts, and many are already
linked to the government portal. The formats are standardised
and therefore are useful for making comparisons. At present
they provide citizens with information regarding responsible
officers and names of elected representatives with contact
points. While there are some twenty-five urban local governments
with websites, this represents only a small proportion of
the urban authorities in India.
However,these sites provide services and information to
citizens and access to officers.
There are seven million Internet users in India, or 0.7 per cent
of the population
Envisaged reforms
There is debate on private sector involvement in the delivery of
local government services, and public-private partnerships are
being explored in urban infrastructure provision. There is also a
reform of property tax underway with the aim of simplifying
the system and making collection easier and more effective.
Further transfer of functions with adequate resources is
considered necessary to streamline governmental machinery and
make the local government sector more effective. Not all states
have yet implemented the transfer of functions and resources as
required in law. Compliance with the devolution of functions
required under the 73rd and 74th Constitutional Amendments
is ongoing.
Sum m ary
Local government in India is recognized and protected by the
nationally constitution but is entrusted to the states,each of
which has their own specific legislation. The main division is
between local government in rural and urban areas; other
distinctions also exist based mainly on population size.
Organizational structure varies, but is based on a committee
system. Notable features of the system in India include the
village level panchayats,the one-third reserved places for women
and reserved places where appropriate for marginalised groups
– the scheduled castes and scheduled tribes.
Assignm ent
How has the local self government helped in the decentralization
process.
How has it helped to develop the grass-root democracy?
References-
1. Public Policy and politics in India By Kuldeep Mathur
2. Indian Political Trials By A.C. Noorani.
3. Basu, Durga Das. The Laws of the Press in India(1962) Asia Publishing House, Bombay

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Bjmc i, igp, unit-ii, development of the local government

  • 1. Development of local Government The table shows the distribution of local governments vis-à-vis population. In this lesson the financial structure of the local governing bodies is also learned. Int roduct ion The Republic of India is a federal union comprising twentyeight states and seven union territories in the south Asian sub-continent. It has a population of 1,049,700,0001 and a land area of 3,287,263 sq km.2 The president is the head of state with executive powers, advised and aided by a council of ministers led by a prime minister. The executive consists of the president, vicepresident, and the council of ministers.3 The president is elected for five-years4, by an electoral college made up of members of both houses of parliament (the Lok Sabha and the Rajya Sabha), and the legislative assemblies of each state. The president normally appoints the Prime Minister from the leader of the largest party. The president appoints other members of the council of ministers based on their advice. The legislature is bicameral, and consists of the Lok Sabha and the Rajya Sabha. Members of the Lok Sabha are directly elected under first past- the-post. The parliamentary term is no more than five years. The Lok Sabha currently has 545 members, 543 are elected and two are appointed by the president to represent the Anglo-Indian community – a discretion presidents may exercise if, in their opinion, the community is under-represented. 5 Rajya Sabha members are elected indirectly by the state legislatures with representation proportionate to their populations. In addition the president nominates twelve members for their expertise. Rajya Sabha member’s number up to 250. India is composed of twenty-eight states,each with its own state legislature and numerous local government bodies within its territory. Besides these,there are also seven union territories governed directly by the union government (centralgovernment), which may have one or more local government bodies within their territory. Local government is divided between the rural authorities (panchayats) and urban authorities (municipalities). Each sector is further subdivided into a number of categories based on population. In 1995 the contribution of local government to GDP was 4.6 per cent.7 Political and organisational structure ofIndia Position oflocal government in the state In the union government (at the national level) there are ministers responsible for the urban sector and the rural sector respectively. The Minister for Urban Development and Poverty Alleviation and the Minister for Rural Areas and Employment are guided by constitutional provisions and are responsible for developing nationwide policy for each sector. In each state there is a minister responsible for local government who must oversee the administration of the relevant legislation promulgated at the state level. In extraordinary circumstances,the
  • 2. minister or state government may dissolve local government bodies, and government Legal basis for local government Constitutional provisions The 1950 Constitution of India promoted the establishment of village panchayats but entrusted local self-government to the states. Although this directive principle was followed to some extent, it was not universally adopted. However in1992 the 73rd and 74th Amendments to the constitution gave recognition and protection to local governments. M ain legislative texts Each state has local government legislation, and laws are very similar in each state. Amendments are infrequent and currently the legislative environment is stable.13 There is a minister in each responsible for local government and the administration of these laws. Local government organisational structure The main division is between rural and urban areas. Urban local government is single tiered, with three categories of authorities: Nagar Panchayats (emergent urban areas),municipal councils and municipal corporations. There are 3,694 local government bodies in the urban sector. In the rural sector local government may be single-tiered, two-tiered or three-tiered according to state (see Table 2).14 There are gram panchayats (villages with an average population of around1,000), the panchayat samitis (around 100 villages) and the zilla panchayats (around 1,000 villages or 1,000,000 people). There are some 6,459 zilla panchayats, 5,930 panchayat samitis and 240,588 gram panchayats across India. Democratic and political structures in local government All councillors are directly elected by a first-past-the-post system. One-third of all seats are reserved for women. There are further reserved places for scheduled castes and scheduled tribes, determined by their proportion of the local population. The LESSON 16: DEVELOPM ENT OF THE LOCAL GOVERNM ENT 158 INDIAN GOVERNM ENT AND POLITICS places reserved for scheduled castes and tribes must also adhere to the one-third allocation to women. Mayors are elected both directly and indirectly in the urban sector. Mayors and councillors are elected for a fiveyear term of office. In the urban sector there are single member wards throughout. The average number of elected members per authority is 21.15 In the urban sector,all municipalities are required to establish ward committees chaired by the local ward councillor, with the election of ward officers defined in state municipal law. These structures are consultative and also play a role in monitoring the delivery of services. They have no budget to spend. All states have legislation making these obligatory, but few have yet been established.16 Councils work within a committee system, in which councillors deliberate and report with recommendations to full council for decisions.17 In the rural sector women make up 31.3 per cent of all councillors.18 In the urban sector they
  • 3. make up one-third. By law it should be one-third across all local government bodies. The women members elected under the reserved places represent a ward like any other member. Six months prior to local elections, one-third of the wards are earmarked for women representatives. At the following election these wards lose their women-only status, and a further third of the municipality’s or panchayat’s wards are designated for women candidates only. Urban councils The following standing committees are obligatory: finance, education, water supply and sanitation, and housing. The standing committees are deliberative bodies only. Decisionmaking powers remain with the full council. Councils have the discretion to establish a wide range of other committees. In two states,West Bengal and Madhya Pradesh,a mayor-incouncil system has been introduced. These mayors are directly elected for five years with executive powers. In other municipal bodies mayors are elected for one year at a time. In some they are elected for two years – half the full term of the council. Where there is a mayor-in- council system, a cabinet-style executive committee is appointed by the mayor. Panchayati system in the rural areas The panchayats are situated in the rural areas of India. In twenty-two states there are three tiers in the panchayati system, in one (Goa) there are two tiers, and in five (Jammu and Kashmir, Manipur, Meghalaya, Mizoram and Nagaland) there is one. States with populations of less than two million are not required to adopt the three-tiered system. They are not strictly hierarchically organised, rather there is a division of duties between them. There is limited coordination role for higher levels of the panchayati authorities (see Annex A). State law establishes mandatory committees; consequently this may vary from state to state. However,generally all have executive committees. The zilla parishads are required to have general, finance and audit, planning, social justice, education, health, agriculture and industrial committees. The gram panchayats have production, social justice and amenities committees. Most states provide the panchayats with little discretion to establish other committees. Councillors are elected for five-year terms. The elections for council leader can be direct or indirect, depending on state law. Honoraria are determined by the state government Local government staffing Local government staff are not recruited by a centralIndian body. However in some states there is a body for recruitment, in others staff are recruited directly by the local authorities. The body responsible for recruitment is also responsible for disciplining and dismissal matters. There are a number of officers required by law in the different types of local councils, including municipal commissioner in the municipal corporations, executive officer in the municipalities, health officer and sanitary inspector. The head of the paid service is normally referred to as the chief executive officer. The staffing structure of first tier councils differs from state to state,
  • 4. but generally the municipal commissioner is the head of the administrative service of the municipal corporations, assisted by deputy municipal commissioners and other officers. The health officer is responsible for area health services. The staffing structures of second tier councils (municipalities) differ from state to state,but generally the executive officer is the head of the administrative service, assisted by deputy executive officers and other officers. The health officer is responsible for health services in the municipal area. Independent scrutiny Citizens’ charters have been put in place in the cities. Citizens can appeal to the municipality for redress,or to the state ministry responsible for local government. Distribution ofservice delivery competence Local government is responsible for a limited number of services – water supply and sanitation, waste disposal and management, burials, street lighting and roads. More recently it has been given a greater role in economic development and, in the urban sector,has been given specific responsibility for poverty alleviation. It has a role in providing lower level education, the secondary and tertiary levels being the responsibility of the states. Localgovernment shares responsibility for public health and environmental protection with the states. Financial st ruct ure Revenue In 1995 the aggregate revenue of urban and rural local authorities in India was RS905,520,530,000 (US$26bn).22 No detailed breakdown of revenue sources is available. However,there are a number of taxes local government can impose, as well as user fees,charges and substantial intergovernmental transfers. Property taxes are widely used, accounting for about 60 per cent of the revenue raised by municipalities.23 Some of the large cities impose ‘octroi’ – a levy on goods brought into the city. The panchayats in the rural areas are dependent on intergovernmental transfer payments for about 90 per cent of their revenue.24 A broad breakdown of revenue sources indicates: • Tax revenue raised by local government accounts for 21 per cent of revenue • Non-tax revenue raised by local government accounts for 7.8 per cent 159 INDIAN GOVERNM ENT AND POLITICS • Other revenue including intergovernmental transfer payments accounts for 71.2 per cent. Revenue sharing The Central Finance Commission and State Finance Commissions are the bodies responsible for assessing and advising the respective levels of government on the financial needs of local government. General and specific grants are made to local government by the states. Following the recommendations of the Eleventh Finance Commission, centralgovernment will provide financial assistance for local authorities to strengthen their capacity to
  • 5. maintain their accounts and conduct audits.25 Expenditure The aggregate expenditure for 1994/ 5 was RS5,386,203,220,000 (US$154.3bn). There is no detailed breakdown of the aggregate expenditure of local government in India. A broad indication is that 24 per cent was spent on core services (water supply, sanitation, street lighting, roads, burials and burial grounds) and 76 per cent was spent on non-core services, including general administration. The urban local bodies are responsible for more than 75 per cent of all local government expenditure. Organizations oflocal government There are severallocal government associations including the All India Council of Mayors, representing the municipal corporations, and Nagar Palik Pramukh Sangthen, representing the other urban municipalities. These associations are not recognized in law and all have voluntary membership. Intergovernmental relations There are no special forums for inter governmental relations. However the union ministries are in constant dialogue with relevant ministries at the state level and with local government representatives. Localgovernment representatives also seek meetings with officials and ministers in the relevant ministries on an ad hoc basis. There is no formal representation of local government in the state structures. E-government The government website is well developed, with links to all state governments. There are plans to extend these links to cover administrative offices in districts, and many are already linked to the government portal. The formats are standardised and therefore are useful for making comparisons. At present they provide citizens with information regarding responsible officers and names of elected representatives with contact points. While there are some twenty-five urban local governments with websites, this represents only a small proportion of the urban authorities in India. However,these sites provide services and information to citizens and access to officers. There are seven million Internet users in India, or 0.7 per cent of the population Envisaged reforms There is debate on private sector involvement in the delivery of local government services, and public-private partnerships are being explored in urban infrastructure provision. There is also a reform of property tax underway with the aim of simplifying the system and making collection easier and more effective. Further transfer of functions with adequate resources is considered necessary to streamline governmental machinery and make the local government sector more effective. Not all states have yet implemented the transfer of functions and resources as required in law. Compliance with the devolution of functions required under the 73rd and 74th Constitutional Amendments is ongoing. Sum m ary
  • 6. Local government in India is recognized and protected by the nationally constitution but is entrusted to the states,each of which has their own specific legislation. The main division is between local government in rural and urban areas; other distinctions also exist based mainly on population size. Organizational structure varies, but is based on a committee system. Notable features of the system in India include the village level panchayats,the one-third reserved places for women and reserved places where appropriate for marginalised groups – the scheduled castes and scheduled tribes. Assignm ent How has the local self government helped in the decentralization process. How has it helped to develop the grass-root democracy? References- 1. Public Policy and politics in India By Kuldeep Mathur 2. Indian Political Trials By A.C. Noorani. 3. Basu, Durga Das. The Laws of the Press in India(1962) Asia Publishing House, Bombay