Class - 11 political NCERT chapter 9

 Local governments

Why local government?

• India after  constitutional status was accorded to local government institutions in 1993.
• Local government is government at the village and district level.
• Local government is about government close to the common people.
• Local government is about government that involve the day-to-day life and problem of ordinary citizens.
•  They also so are also necessary for efficient and people friendly administration .
• The advantage of local government is that it is so near the people.
•  Strong and vibrant local government ensure both active participation and purposeful accountability .
• It is necessary that in a democracy , task ,which can be performed locally, should be left in the hand of the local people and their representatives.
•  Common people are more familiar with their local government then with the government at the state or National level. 

Growth of local government in India

•  In modern times, elected local government body were created after 1882.
•  Lord Rippon ,  who was the viceroy of India at that time, look the initiative in creating these bodies .they are called the local border.
•  The Indian National Congress the government to take necessary steps to make all local bodies more effective
•  The Government of India Act 1919, village panchayat were established in a number of provinces.
• This trend continued after the Government of India Act of 1935 .
• During India's freedom movement, Mahatma Gandhi has strongly pleaded for the decentralisation of economic and political power.
•  All development initiative must have local involvement in order to successful.
• Our national movement was concerned about the enormous concentration of power in the hands of governor general sitting at Delhi .
• When the constitution was prepared the subject of local government was assigned to the states it was also mentioned in the directive principle as one of the policy districtive to all governments in the country.
• Local governments in independent India.
•  Local governments got of fillip after the 73rd and 74th constitutional amendment acts.
•  First in the line was the community development programme in 1952 which short to promote people's participation in local development in range of activities.
•  Some state like Gujarat Maharashtra adopt the system of elected local bodies around 1960.
•  In many state those local body did not have enough power and function to look after the local development.
•  In many instance a local body were dissolved and the local government was handed over to government officers.
• Many state had indirect election to most local bodies.
•  In many states, election to the local bodies were postponed from time to time.
•  After 1987, a thorough review of the functioning of local government institutions was initiated.
•  In 1989 the p.k.thounga committee recommended constitutional recognition for the local government bodies.
•  A Constitutional Amendment to provide for periodic election to local government instiution.

73rd and 74th amendment

•  In 1989 the central government introduced to Constitutional Amendment .
• These  amendment aimed at strengthening local governments and ensuring an element of uniformity in their structure and functioning across the country .
• Later in 1992, the 73rd and 74th  constitution amendments were passed by the Parliament 
• The 73rd amendment is about rural local government which are also known as Raj Panchayati Raj institutions and the 74th amendment was made the provisions relating to Urban local government
•  The 73rd and 74th amendment came into force in 1993 .

73rd amendment

 Three tier structure

•  A gram panchayat cover of village or group of village the intermediate level is the Mandal these bodies are called Mandal or Taluka Panchayats.
• The intermediary level body need not be constituted in smaller States.
• The amendment also made a provision for the mandatory creation of the gram sabha.
• The Gram Sabha would comprise all the adult member registered as water in the panchayat area. 
• Its role and functions are decided by State legislation. 

Election 

• All the three level of Panchayati Raj Institutions are elected directly by the people.
• The term of each Panchayat body is 5 years .
• If the state government dissolves the panchayat before the end of its five-year term fresh election must be held within 6 month of such dissolution.
•  Before the 73rd amendment, in many state there used to be in direct election to the district body and there was no provision for immediate election after dissolution .

Reservation 

• One-third of the position in all panchayat institution are reserved for women.
•  Reservation of scheduled caste and Scheduled Tribes are also provide provided for at all the three level in proportion to their population .
• These reservation apply not merely to ordinary members in Panchayat but also to the position of chairperson or 'Adhyakshas' at all the three levels.

 Transfer of subject 

• 29 subjects ,which were earlier in the state list of subjects ,are identified and listed in the eleventh schedule of the Constitution.
•  These subject are to be transferred to the Panchayati Raj institution.
•  The actual transfer of these function depend upon the state legislation.
•  Each state decides how many of these 29 subjects would be transferred to the local bodies.
• The provision of the 73rd amendment were not made applicable to the areas inhabited by the Adivasi population in many state of India .
• In 1996, a separated Act was passed extending the provision of Panchayat system to these areas .

State election commissioners 

• The state government is required to appoint a state election commissioner who would be responsible for conducting election to the Panchayati Raj institutions.
•  The office of the state election commissioner is autonomous like the election commission of India.
•  The state election commissioner is an independent officer and is not linked to nor  is this an officer under the control of the election commission of Indi.

State finance commission 

• The state government is also required to appoint a state finance commission once in five years. 
• This Commission would examine the financial position of the local government in the state .
• This innovation ensures that allocation of funds to the rural local government will not be a political matter.

74 amendment 

• 74 amendment deal with urban local bodies or Nagarpalika.

  The Census of India define an urban area as having 

1.  A minimum population of 5000 

2.  At least 75% of male working population injured in non agricultural occupations and 

3.  A density of population of at least four hundred percent per square kilometre

•  As per the 2011 census about 31% of India's population live in urban areas 
• In many ways the 74th amendment is a repetition of the 73rd Amendment Act except that it applies to urban areas.
•  All the provision of 73rd amendment relating to direct election reservation transfer of subject state election commission and state finance commission are incorporated in the 74th amendment also and thus apply  to Nagarpalikas.
•  The constitution also mandated the transfer of a list of functions from the state government to the urban local bodies.

Implementation of 73rd and 74th Amendment 

• All States have now pasta legislation to implement the provision of the 73rd and 74th amendment.
•  During the 10 years since these amendments came into force most States have had at least two rounds of election to the local bodies.
• State like Madhya Pradesh, Rajasthan and a few other have in fact held three election so far.
• The 73rd and 74th amendment have created uniformity in the structures of Panchayat Raj and Nagarpalika Institutions across the country .
• The presence of these local institution is by itself significant achievement and would create an atmosphere and platform for people's participation in government .
• The provision for reservation for women at the panchayats and Nagar Palikas has ensured the presence of significant number of women in local bodies.
• A large number of women elected representatives have come to occupy these positions.
• Women have gained more power and confidence by asserting control over resource.
•  In many cases, they have brought a new perspective and a greater sensitivity to discussion at local bodies.
•  Reservations for scheduled caste and tribal areas are mandated by the constitutional amendment most state have also made a provision to reserve seat for backward caste.
•  The Indian population has 16.2 per cent scheduled caste and 8.2% schedule tribes, about 6.6 lakh elected member in the urban and local bodies hail from these two communities .
• The constitutional amendment assigned as many as 29 subject to the local governments.
•  All these subject are related to function linked to local welfare and development needs.
•  The experience  with the functioning of local government in the past decade has shown that local governments in India enjoying Limited autonomy to perform the function assigned to them.
• Many state have not transferred more of the subjects to the local bodies. 
• local bodies have very little fund of their own .
• The dependence of local body on the state and Central Government for financial support has greatly and not their capacity to operate effectively. 
• Ruler bodies rise 0.24 percent of the total revenue collected they account for 4% the total expenditure made by the government so they a much less than they spend