Local Bodies in India test

Local Bodies in India (Local Self-Governments) - Part 3

British Period

• In 1688, the first municipal corporation, Madras was started

• In 1726, Municipal corporations at Bombay and Calcutta were started.

• In 1870, Lord Mayo's resolution,he introduced financial decentralization and proposed to increase local governments.

• In 1882- Lord Ripon's resolution, he is called as the father of the local governments. he took steps to establish elected local governments.

• In 1907- Royal Commission for decentralization, and it was lead by Hobhouse. It proposed to establish Village level Panchayats

• In 1919-1935- The Government of India Act gave more importance to local governments.

• According to the charter act of 1813, the power of taxation was given to local governments.

• In 1872, Warren Hastings introduced collector system.

Features of Local Bodies

1. Local bodies are established by the central government in countries following a unitary system, and by state governments in countries following a federal system.
2. State governments cannot dissolve local governments even if they dissolve the state government. Therefore, local governments are referred to as "governments within the government" or "Imperia in Imperium."
3. Local governments perform their functions within a certain local limit.

Historical Background

• Before Independence
  • Ancient period
    • In Rigvedic period, Sabha and Samithi were performing local governmental functions.
    • The main feature of Indus Valley Civilization is their town planning.
    • Kautilya mentioned about local governments in his book Arthashastra.
    • Kamandhaka's Neethisaram also mentions about local governments.
  • Medieval Period
    • The rule of Cholas is considered as the Golden Age in the history of local bodies.
    • The inscription of Uthiramerur written by First Parantaka Chola gives a detailed description of local government.
  • Delhi Sultans and Mughals appointed officials like Kotwal and Munsab for local administration. However, their primary goal was tax collection.
  • Cholas rule is known as "Golden Age" to Local governments.
• After Independence
  • Community Development Programme (CDP)-1952
  • National Extension Service Programme-1953
  • Balwant Rai Mehta committee-1957
  • Ashok Mehta committee - 1977
  • Dantwala Committee - 1978
  • CH. Hanumantha Rao committee-1984
  • GVK Rao committee-1985
  • LM.Singhvi Committee - 1986
  • PK. Thungan Committee - 1988
  • Gadgil Committee-1988

Experiments during Independence Movement

• Gurgaon Experiment (1920): Conducted by F.L. Brayne in Gurgaon (Punjab), it aimed at rural reconstruction.
• Marthandam Experiment (1921): Led by Spencer Hatch in Marthandam (Kerala) with the help of the YMCA, focusing on comprehensive rural development.
• Sriniketan Experiment: Initiated by Rabindranath Tagore in Bengal, focusing on self-reliance and self-respect.
• Sevagram Experiment (1933): Led by Mahatma Gandhi in Wardha (Maharashtra), emphasizing basic education, communal harmony, and village industries.
• Firka Development Scheme (1946): Madras Presidency.
• Etawah Project (1948): Albert Mayer in Uttar Pradesh - focused on integrated rural development.
• Nilokheri Experiment: S.K. Dey (Haryana) - focused on rehabilitating refugees and promoting engineering skills.

Balwant Rai Mehta Committee (1957)

• Appointed in 1957 by the National Development Council (NDC) to study the working of the Community Development Programme (CDP) and National Extension Service (NES) and to recommend measures for their better working.
• Submitted its report in November 1957.
• Key Recommendation:
  1. Establishment of a three-tier Panchayati Raj system: Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zilla Parishad at the district level.
  2. Direct elections to Gram Panchayats, indirect elections to Panchayat Samitis and Zilla Parishads.
  3. Transfer of genuine power and resources to these bodies.
  4. Panchayat Samiti to be the executive body and Zilla Parishad to be the advisory, coordinating, and supervisory body.
  5. District Collector to be the Chairman of the Zilla Parishad.

Ashok Mehta Committee (1977)

• Appointed by the Janata Party government in 1977 to suggest measures for revitalizing Panchayati Raj Institutions.
• Submitted its report in 1978.
• Recommended a two-tier system (Mandal Parishad and Zilla Parishad), replacing the three-tier system.
• Advocated for political party participation in Panchayati Raj elections.
• Suggested constitutional recognition for Panchayati Raj Institutions.

Dantwala Committee (1978)

• Suggested Block level planning

C H Hanumantha Rao Committee (1984)

• Suggested District level planning
• Suggested to create a post called District Development Officer
• Suggested District Collector should be the chairman of Zilla Parishath.

G.V.K. Rao Committee (1985)

• This committe was appointed to study about rural development and to reduce poverty

L.M. Singhvi Committee (1986)

• Recommended granting constitutional status to Panchayati Raj Institutions.
• Recommended setting up Nyaya Panchayats for a cluster of villages.

P.K. Thungon Committee (1988)

• A sub-committee of the Parliamentary Consultative Committee.
• Examined the L.M. Singhvi Committee report.
• Also recommended constitutional recognition for local bodies.

Gadgil Committee (1988)

• Recommended granting constitutional status to Panchayati Raj Institutions.

Constitutionalization: The 73rd and 74th Amendments

• Initially, Rajiv Gandhi introduced the 64th (for Panchayats) and 65th (for Urban Local Bodies) Constitutional Amendment Bills in 1989, but they were not passed.
• V. P. Singh introduced a common bill to provide a Constitutional status to both rural and urban local governments, but his Government got collapsed due to no-confidence motion.
• Finally, P.V. Narasimha Rao's government successfully passed the 73rd (Panchayats) and 74th (Municipalities) Constitutional Amendment Acts in 1992. These acts came into effect in 1993.

Article 243-Definitions

• Article 243(a): "District" means a district in a State as notified by the Governor.
• Article 243(b): "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level.
• Article 243(c): Defines Mandal Parishad
• Article 243(d): Defines Panchayat
• Article 243(e): "Panchayat area" means the territorial area of a Panchayat.
• Article 243(f): Population
• Article 243(g): Village

Article 243A - Gram Sabha

• Defines Gram Sabha, reiterating the definition from 243(b).

Article 243B - Constitution of Panchayats

• Mandates a three-tier system of Panchayats at the village, intermediate, and district levels.
• States that the intermediate level (Mandal Parishad) may not be constituted in states with a population not exceeding 20 lakhs.

Article 243C - Composition of Panchayats

• Defines the composition of panchayat bodies.
• States that all seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area.
• Provides for the representation of Chairpersons of Village Panchayats in the Panchayat at the intermediate level, and Chairpersons of Intermediate Panchayats in the Zilla Parishad.
• Allows for the representation of Members of the Legislative Assembly (MLAs), Members of the Legislative Council (MLCs), and Members of Parliament (MPs) in the Panchayati Raj Institutions.

Article 243D - Reservation of Seats

• Provides for reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population.
• Provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and STs).
• Allows State Legislatures to make provisions for reservation of seats for Backward Classes (BCs).
• Mentions rotation of reserved seats.

Article 243E- Duration of Panchayat

• States that the term of a Panchayat is five years from the date of its first meeting.
• If a Panchayat is dissolved before the expiry of its term, elections must be held within six months. The newly elected members will serve only the remainder of the term.

Article 243F - Disqualifications for Membership

• States various disqualifications that would apply to someone seeking election.
• Should be an Indian Citizen.
• Should not hold any profitable position in central and state governments.
• Should not be less than 21 years.
• There should not be more than 2 children after 1995.
• Should be the voter with in the respective local governments.

Article 243G - Powers, Authority and Responsibilities of Panchayats

• Empowers State Legislatures to endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government.
• Specifies 29 matters for which Panchayats may be given responsibilities, including preparation of plans for economic development and social justice.

Article 243H- Powers to impose taxes by, and funds of the Panchayats

• Grants panchayats sources of income.
• Sources of income for PRIs include:
  • Taxes, duties, tolls, and fees levied and collected by the State Government and assigned to Panchayats.
  • Grants-in-aid from the Consolidated Fund of the State.
  • Funds raised by Panchayats themselves through local taxes, fees, etc.

Article 243I - Constitution of Finance Commission to review financial position

• Mandates the constitution of a State Finance Commission by the Governor every five years to review the financial position of Panchayats and make recommendations.

Article 243J-Audit of accounts of Panchayats

• Provides for the audit of Panchayat accounts and state legislature to authorize the auditing authority.
• In many states, the State Audit General audits the Panchayat accounts.

Article 243K-Elections to the Panchayats

• Vests the superintendence, direction, and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats in a State Election Commission.
• The State Election Commission consists of a State Election Commissioner appointed by the Governor.
• The State Election Commissioner can only be removed in the same manner and on the same grounds as a Judge of a High Court.

Article 243L-Application to Union Territories

• Provides for the application of the provisions of Part IX of the Constitution to Union Territories, subject to such exceptions and modifications as the President may specify by public notification.

Article 243M-Part not to apply to certain areas

• Specifies areas where Part IX does not apply, including the Scheduled Areas and Tribal Areas (under Article 244(1) and 244(2)), Nagaland, Meghalaya, Mizoram, hill areas of Manipur, and certain areas of Darjeeling district in West Bengal.

Article 243N-Continuance of existing laws and Panchayats

• States that any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (73rd Amendment) Act, 1992, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority, or until the expiration of one year from such commencement, whichever is earlier.

Article 243O-Bar to interference by courts in electoral matters

• Bars interference by courts in electoral matters of Panchayats.