Assignment Code: MPA-016/Asst/TMA/2023-24

Course Code: MPA-016

Assignment Name: Decentralisation and Local Governance

Year: 2023-2024

Verification Status: Verified by Professor

This Assignment consists of Section- I and Section- II. There are five questions in each Section. You have to answer a total of five questions in about 500 words each. It is necessary to attempt at least two questions from each section. Each question carries 20 marks.

SECTION-I

Q1) Discuss the constitutional dimensions of decentralisation in India.

Ans) The Indian Constitution addresses the subject of local government in its 7th schedule under Article 246. It grants states the authority to legislate on matters related to local government. This broad entry in the Constitution empowers state legislatures to enact laws regarding the constitution and powers of various local authorities, including municipal corporations, improvement trusts, district boards, and mining settlement authorities. These authorities are responsible for local self-government and village administration. State governments have the authority to delegate powers, including taxation powers, to these local bodies, like their own.

The only constitutional provision that can challenge state legislation in this domain is the presidential veto, which can be invoked if a state governor refers a particular legislation for review. This mechanism ensures a check on state-level laws related to local governance.

In addition to the constitutional framework, the Directive Principles of State Policy, inspired by Gandhian principles, also play a crucial role in shaping local governance in India. Several articles in the Indian Constitution, such as Article 40, 46, 47, 48, and 48-A, serve as guiding principles for local governance and development.

Article 40: This article emphasizes the organization of village panchayats and endowing them with powers and authority for self-government. It underscores the importance of grassroots governance.

Article 46: Article 46 focuses on promoting the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of society.

Article 47: Article 47 highlights the duty of the state to raise the level of nutrition, standard of living, and public health among its people. It also includes measures to preserve and improve the breeds of cows and other cattle.

Article 48: This article stresses the need for organizing agriculture and animal husbandry on modern and scientific lines while prohibiting the slaughter of cows and calves and other cattle.

Article 48-A: Article 48-A places importance on environmental protection, safeguarding forests, and conserving wildlife. It considers local self-government as an appropriate level for policymaking and the delegation of power and authority to local administrations in these matters.

The movement to provide constitutional status to panchayat bodies gained momentum between 1985 and 1992, with the initiative led by then-Prime Minister Rajiv Gandhi. Workshops were organized to discuss the concept of responsive administration, emphasizing the need for democratic frameworks at the local level with constitutional legitimacy. This was seen as crucial for implementing bottom-up policy planning, aligning with the principles of representative democracy.

Local governance faced several challenges, including irregular elections, insufficient funds, frequent super sessions, and bureaucratic dominance. To address these issues, it was recognized that granting constitutional status to local bodies was essential to ensure timely elections, adequate funding, and a stronger role in planning and development.

Historically, there had been a shift in rural development strategy, moving away from participatory democracy to sectoral development, especially after the Green Revolution. The focus shifted to enhanced productivity in fertile areas, often neglecting the needs of the poor and landless. This shift caused imbalances and disparities, which led to the launch of sectoral development schemes to rectify the situation.

The concept of grassroots democracy through a three-tier institutional framework, comprising gram sabhas at the village level, panchayat samitis at the block level, and zilla parishads at the district level, gained prominence. These institutions aimed to facilitate people's participation in administration, articulate local needs, and promote balance of power between local bodies and the bureaucracy.

The 73rd and 74th constitutional amendments, passed in 1992, brought about significant changes in local governance. These amendments established three-tier local bodies and introduced the District Planning Committee, institutionalizing development planning at the micro level. These local bodies were envisioned as agencies for socio-economic planning, marking a departure from their previous role as mere implementers of plans.

Q2) Examine the weaknesses of new Panchayati Raj system.

Ans) One of the key challenges in the new Panchayati Raj system in India is the issue of coordination among the three tiers of Panchayati Raj Institutions (PRIs) and between PRIs, the bureaucracy, and non-governmental organizations (NGOs).

Lack of Clarity in Distribution of Powers and Functions: There is a lack of clarity in the division of powers and functions among the three tiers of PRIs defined in the Eleventh Schedule of the Constitution. This is due to the fact that the Constitution was written in a rather informal style. Most of the time, the state laws that control PRIs do not clearly clarify whether or not PRIs are only implementing agency or whether or not they are also planning organisations.

Unclear Relationship with Bureaucracy: Because the statutes governing state PRIs do not provide enough clarity regarding the relationship between PRIs and the bureaucracy at the local level, there is confusion over their separate tasks and responsibilities.

Limited Participation of NGOs: The coordination issue extends to NGOs, as there is a need for more open participation and collaboration between PRIs and NGOs in development initiatives. Historically, the bureaucracy played a dominant role in the old PR system, and this mindset persists in the new system. Changing the entrenched bureaucratic mindset takes time.

To address these coordination challenges, several steps can be taken:

1. Clear Demarcation of Responsibilities: There is a pressing need for a clear demarcation of responsibilities among the three tiers of PRIs. Defining the roles and functions of each tier will help reduce overlap and improve coordination.

2. Amendments in PRI Acts: It is recommended that state governments think about modifying PRI legislation in order to more clearly define the duties of PRIs as agencies that are responsible for both planning and implementing development projects.

3. Transfer of DRDA Control: The District Rural Development Agency (DRDA) currently implements many central and state government-sponsored programs. There is a recommendation to place DRDA under the control of PRIs or merge it with PRIs to streamline development efforts. This should be implemented across states.

4. Transfer of MPs and MLAs Area Development Funds: MPs and MLAs often have their own area development funds, creating a parallel power centre at the local level. To strengthen PRIs, there should be a concerted effort to transfer these funds to PRIs for local development programs. This will improve the financial health of PRIs and reduce competition among politicians.

The Constitutional 73rd and 74th Amendment Acts of 1992 aimed to promote decentralized planning. District Planning Committees (DPCs) were established to consolidate plans at the district level. However, the effectiveness of DPCs has been limited, and there is a need to integrate district plans into state plans.

The devolution of powers and financial resources to PRIs has been slow in many states, and bureaucratic control remains strong. The lack of proper record-keeping, illiteracy among elected representatives, and political interference hinder the effective functioning of PRIs.

To address these challenges, there is a need for greater fiscal devolution, untied block grants at the district level, and district budgeting. Additionally, states should follow guidelines issued by the Comptroller and Auditor General to address financial irregularities in PRIs.

SECTION-II

Q3) Explain the major features of the 74th Constitutional Amendment Act.

Ans) Since India's independence, urban local governments have frequently received less attention and support in their pursuit of self-governance compared to their rural counterparts. This disparity has persisted for many years. On the other hand, the 74th Amendment to the Constitution, which was approved in 1992 and went into effect on June 1, 1993, attempted to remedy this by bestowing constitutional standing on urban local authorities and establishing a hierarchical framework for them to operate within.

Constitutional Status: The 74th Amendment accorded constitutional status to urban local government bodies. It introduced a three-tier structure, comprising municipal corporations for larger areas, municipal councils for smaller areas, and nagar panchayats for villages transitioning into towns. The Parliament outlined the broad framework, while the state legislatures were given the authority to define the specifics of powers and functions of these urban government institutions.

Direct Elections: As with elections for the Lok Sabha and state assemblies, the amendment required that direct elections be held for urban local bodies. The State Election Commission is in charge of running these elections, which guarantees a fair and democratic procedure for choosing urban members.

Reservation for Women: The 74th Amendment mandated the reservation of one-third of seats for women, including women from Scheduled Castes and Scheduled Tribes, in order to advance gender equality and women's involvement in urban government. This was done in order to promote gender equality.

Financial Viability: The State Finance Commission was established to ensure the financial viability of municipalities. Municipal funds were augmented through various means, including taxes, tolls, duties, fees, and grants-in-aid. This financial empowerment aimed to support urban local bodies in conducting their functions effectively.

Subjects for Local Governance: Urban municipal institutions were granted the power and authority to formulate and implement schemes related to economic development and social justice across 18 subjects. This decentralization of planning and governance aimed to bring decision-making closer to the people.

Developmental Committees: The term "Developmental Committees" was first mentioned in the 74th Amendment, which also established the Committee for District Planning (DPC) and the Committee for Metropolitan Planning (MPC). These committees were developed to improve participation from the grassroots level in decision-making by further boosting local planning and development initiatives.

Wards Committees: Wards committees were established within each municipality to promote increased accessibility to the local populace and more effective administration. This was done in order to facilitate improved accessibility to the local populace. Concerns and challenges that are unique to the community can be addressed in a more productive manner with the assistance of these groups.

Empowerment of Local Self-Government: Together with the concurrent 73rd Amendment for rural Panchayats, the 74th Constitutional Amendment was responsible for the establishment of a comprehensive network of local self-government organisations across India's rural and urban areas. These institutions were endowed with clearly defined authorities, delegated responsibilities, and a structure that included both the legislative and executive branches of the government. In order to improve local planning and governance, various types of developmental committees and financial bodies, such as the Finance Commission, were established. These committees include DPCs, MPCs, and the Finance Commission.

Q4) Discuss the intra-tier responsibilities in the context of the Eleventh Schedule.

Ans) The Eleventh Schedule of the Indian Constitution, introduced by the 74th Amendment Act of 1992, outlines a list of 18 functions that urban local bodies, including municipal corporations, municipal councils, and nagar panchayats, are responsible for. These functions are essential for local governance and the development of urban areas. In the context of the Eleventh Schedule, intra-tier responsibilities refer to the distribution of these functions among the various tiers of urban local government and how they collaborate to ensure effective governance.

Municipal Corporations (Tier I):

Municipal corporations typically serve larger urban areas, such as major cities. They have a more extensive set of responsibilities under the Eleventh Schedule, reflecting the complex needs of densely populated urban centers.

1. Urban Planning: Municipal corporations play a central role in urban planning and land-use management within their jurisdiction. They formulate and implement master plans, zoning regulations, and development control norms to ensure organized growth.

2. Infrastructure Development: These bodies are responsible for major infrastructure projects, including water supply, sanitation, solid waste management, and sewage systems. They must ensure that their cities have access to essential services.

3. Public Health: Municipal corporations oversee public health services, including hospitals, clinics, and sanitation programs. They are responsible for disease control and ensuring a healthy living environment for residents.

4. Environment Management: Urban environmental management, such as pollution control, green spaces, and sustainable development, falls within their purview. They must strike a balance between urbanization and environmental conservation.

5. Roads and Transportation: Building and maintaining city roads, public transportation systems, and traffic management are part of their responsibilities to ease urban congestion and facilitate mobility.

Municipal Councils (Tier II):

Municipal councils typically serve smaller urban areas and towns. Their responsibilities, while overlapping with those of municipal corporations, are more tailored to the needs of their communities. Key intra-tier responsibilities include:

1. Local Infrastructure: Municipal councils focus on local infrastructure development, including street lighting, small-scale water supply, and basic sanitation services.

2. Waste Management: They are responsible for managing localized waste collection and disposal systems to keep their areas clean and hygienic.

3. Public Amenities: Providing basic amenities like parks, community centers, and recreational facilities within their jurisdiction is a priority.

4. Local Governance: Municipal councils engage closely with their residents to understand their specific needs and preferences, allowing for more localized decision-making.

Nagar Panchayats (Tier III):

1. Nagar panchayats serve areas that are transitioning from villages to towns. Their responsibilities reflect the early stages of urbanization. Intra-tier responsibilities include:

2. Basic Services: Nagar panchayats focus on providing fundamental services like street lighting, sanitation, and water supply to improve living conditions.

3. Community Engagement: They collaborate closely with local communities to address their immediate needs and concerns as they adapt to urban life.

4. Local Governance: Like municipal councils, nagar panchayats encourage local participation in decision-making, ensuring that urbanization is community driven.

Intra-tier responsibilities are crucial for effective urban governance because they ensure that the functions outlined in the Eleventh Schedule are tailored to the specific needs and capacities of each tier of urban local government. This distribution of responsibilities also fosters collaboration among tiers, allowing for a more comprehensive approach to urban development.

Q5) What are the major requirements in development planning?

Ans) Development planning is a complex and multifaceted process aimed at achieving sustainable economic, social, and environmental progress in a region or country. To ensure the success of development planning, several major requirements must be addressed. These requirements are essential for formulating effective policies, implementing projects, and achieving long-term development goals.

1. Data and Research: Comprehensive and accurate data collection and research are the foundational requirements for development planning. Governments, institutions, and policymakers must have access to reliable information on demographics, economic trends, social indicators, and environmental conditions. This data provides the basis for informed decision-making and the identification of development priorities.

2. Needs Assessment: Identifying the needs and priorities of the population is crucial. This involves consulting with communities, conducting surveys, and analysing data to understand the challenges and opportunities in a region. Needs assessment helps in setting clear development objectives.

3. Clear Objectives and Goals: Development planning should have well-defined objectives and measurable goals. These goals should be specific, achievable, and time bound. Clarity in objectives helps in directing efforts and resources effectively.

4. Policy Framework: Developing a comprehensive policy framework is essential. This involves formulating policies and strategies that align with the development objectives. Policies should address various sectors, including education, healthcare, infrastructure, and the economy, among others.

5. Resource Mobilization: Adequate financial resources are required to implement development plans. Governments, international donors, and private sector investments are potential sources of funding. Effective resource mobilization strategies, including taxation, grants, loans, and public-private partnerships, should be explored.

6. Capacity Building: Developing the capacity of government institutions, local authorities, and civil society organizations is crucial. Training and skill development programs are needed to ensure that those responsible for implementing development plans have the necessary expertise.

7. Stakeholder Engagement: Inclusivity and stakeholder participation are essential. Engaging with various stakeholders, including communities, NGOs, private sector entities, and international organizations, ensures that development plans reflect the diverse needs and perspectives of the population.

8. Environmental Considerations: Sustainable development planning must integrate environmental considerations. This includes assessing the environmental impact of projects, promoting renewable energy sources, and adopting eco-friendly practices to mitigate climate change and protect natural resources.

9. Monitoring and Evaluation: Establishing a robust monitoring and evaluation system is critical for tracking progress and making necessary adjustments. Regular assessments help identify areas where development plans are working well and where improvements are needed.

10. Flexibility and Adaptability: Development planning should be flexible and adaptable to changing circumstances and emerging challenges. The ability to adjust policies and strategies in response to unforeseen events or evolving priorities is crucial for long-term success.

11. Governance and Accountability: Ensuring good governance and accountability is essential. This involves transparency in decision-making, combating corruption, and establishing mechanisms for accountability at all levels of government and society.

12. Social Inclusion and Equity: Development planning should prioritize social inclusion and equity. Policies and programs should address disparities and promote equal opportunities for all segments of the population, including marginalized and vulnerable groups.

13. Infrastructure Development: Adequate infrastructure, including transportation, energy, and communication networks, is a prerequisite for economic growth. Investment in infrastructure should align with development goals and regional needs.

14. Conflict Resolution and Peacebuilding: In regions affected by conflicts or political instability, development planning should include strategies for conflict resolution and peacebuilding to create a conducive environment for development efforts.