Democratic Decentralization in India
Democratic Decentralization in India
Deconcentration
Transfer of functions, powers and resources
The center executes normative functions,
supervision and control
States are responsible for operational activities
& service programs
It is mostly and administrative action and does
not alter the flow of command in the system
Forms of Decentralization…
Delegation
Transfer of responsibilities for decision making &
administration to semi-autonomous organizations
not controlled by but accountable to the central
government (Central Banking, Ombudsman)
Semi-autonomous public enterprises to provide
services more effectively and efficiently than a
central bureaucracy
Forms of Decentralization:
Devolution (political decentralization of powers
from national government to local government
units [LGUs], including the power to tax)
Devolution of national government powers includes
public works, health, agriculture, social welfare,
certain tourism functions, and construction of
school buildings and facilities
Expansion of revenue generation powers of LGUs
Local governments acquire the necessary functions
to govern and not only to administer
Democratic Decentralisation and Poverty Reduction
Issues of democratic decentralisation and rural development raise
a number of questions about the ways in which states intervene in
rural society, and how this affects economic opportunity.
A number of roles that governments typically play in poor and
predominantly rural areas:
1. One is the provision of public goods, such as universal
education and healthcare.
2. A second is the provision of divisible goods, such as irrigation,
agricultural extension and credit.
3. A third is the determination and enforcement of laws
regulating key economic inputs, such as land, labour and capital.
4. A fourth and critical element is the recognition and protection
of rights allowing for organisation, association and entitlement in
the eyes of the state.
Studies of decentralisation have shown that devolution can
enhance rural livelihoods in a number of ways.
First, the establishment and empowerment of local resource
user groups can improve the ways in which local people
manage and use natural resources, thereby improving the
resource base on which poor people are often
disproportionately dependent.
Second, and related to this, collaboration between public
agencies and local resource users can produce “synergistic”
outcomes, in which citizens and civil servants cooperate to
provide goods that would be unobtainable were they acting
alone.
Third, and most central to this article, the democratisation
and empowerment of local administrative bodies can enhance
participation in decision-making fora, particularly among
groups that have been traditionally marginalised by local
political processes.
As Blair (2000) points out, “increased representation offers
significant benefits in itself.” For one, he argues,
participation in local, democratically elected bodies can
lead to improvements in self-identity and worth, which can
help to break down customs of inequality and
discrimination.
Second, membership on local administrative bodies can
provide important skills (e.g. bookkeeping, leadership, etc.)
that can be transferred to other walks of life.
Among the most successful cases (e.g. West Bengal,
Colombia, the Philippines), systems of local democratic
governance have also been shown to improve the efficiency
and responsiveness of public officials.
Manor (1999), for instance, has shown that decentralisation
can improve government effectiveness and accountability
when:
Elected bodies at local levels have adequate funds;
They enjoy substantive autonomy; and
Lines of accountability exist between elected
representatives and citizens, and between non-elected
bureaucrats and elected representatives.
Despite great strides at devolving power to local,
democratically elected bodies, decentralisation in Colombia,
Brazil and West Bengal appears to have achieved little in the
way of reducing poverty or improving regional disparities
(Crook and Sverrisson, 2001: 37-39).
Federalism: Examples:
USA
Canada
Germany
Nigeria
India
Russian Federation
Austria
Switzerland
Malaysia
Indian Inter-Governmental Relations
Decentralization and Governance
Decentralization is about governance.
The word governance has two meanings. One refers to ‘the
complex of institutions and organizations which regulate
the life of society’. It encompasses rules (formal and
customary law, regulations internal to organizations, moral
imperatives, contractual obligations, etc.) and social
aggregations (the family, church, municipality, professional
associations, political parties, banks, commercial
enterprises, cooperatives, courts of law, government,
parliament).
The other meaning refers to ‘the act of governing’, that is
to the way institutions are established (for example how
laws are proposed and enacted) and to the way
organizations behave, manage their affairs and govern
people.
The Paradigm of Decentralization
Fiscal Federalism in India…
Dr. Y. Venugopal Reddy, Chairman 14th Finance Commission says:
“The practice of fiscal federalism in India has been
commendable over a long-term perspective in view of the severe
challenges posed since independence. Greater role of states in
the pursuit of decentralized development should not undermine
the role the Union government has to play in macroeconomic
stability.”
In the constitutional context, fiscal federalism mandated that the
borrowing program of State Governments had to be approved by
the Union, there was a prohibition on external borrowings by a
State.
Subsequent to the 73rd and 74th amendment of the Constitution
and insertion of clause (3) to Article 280, the Commissions started
giving additional grants for local bodies as a measure to augment
the consolidated funds of the States to supplement the resources
of local bodies.
2015 – a watershed year for India's fiscal federalism
The 73rd Constitutional Amendment act provides for a Gram Sabha as the
foundation of the Panchayati Raj system. It is essentially a village
assembly consisting of all the registered voters in the area of the
panchayat.
The state has the power to determine what kind of powers it can
exercise, and what functions it has to perform at the village level.
The 74th Constitutional Amendment act provides for three types of
Municipalities:
Nagar Panchayat for a transitional area between a rural and urban
area.
Municipal Council for a small urban area.
Municipal Corporation for a large urban area.
Each Gram sabha is the meeting of a particular constituency
called ward. Each ward has a representative chosen from among
the people themselves by direct election. The chairperson of the
Panchayat or Municipality at the intermediate and district level
are elected from among these representatives at the
immediately lower level by indirect election.
There are eight types of urban local governments currently existing in India:
Municipal Corporations.
Municipality.
Notified area committee.
Town area committee.
Cantonment board.
Township.
Port trust.
Special purpose agency.
29 Subjects Transferred to the Panchayats(11th
Schedule)
1. Agriculture, including agricultural extension
2. Land improvement, implementation of land reforms, land
consolidation and soil conservation
3. Minor irrigation, water management and watershed development
4. Animal husbandry, dairying and poultry
5. Fisheries
6. Social forestry and farm forestry
7. Minor forest produce
8. Small scale industries, including food processing industries
9. Khadi, village and cottage industries
10.Rural housing
11. Drinking water
12. Fuel and fodder
13. Roads, culverts, bridges, ferries, waterways and other means
of communication
29 Subjects Transferred to the Panchayats…..
14. Rural electrification, including distribution of electricity
15. Non-conventional energy sources
16. Poverty alleviation programme
17. Education including primary and secondary schools
18. Technical training and vocational education
19. Adult and non-formal education
20. Libraries
21. Cultural activities
22. Market and fairs
23. Health and sanitation, including hospitals, primary health centres and
dispensaries
24. Family welfare
25. Women and child development
26. Social welfare, including welfare of the handicapped and mentally
retarded
27. Welfare of the weaker sections, and in particular, of the Scheduled
Castes and Scheduled Tribes
28. Public distribution system
29. Maintenance of community assets
Items Listed in the 12th Schedule:
1. Regulation of land use and construction of land buildings.
2. Urban planning including the town planning.
3. Planning for economic and social development
4. Urban poverty alleviation
5. Water supply for domestic, industrial and commercial purposes
6. Fire services
7. Public health sanitation, conservancy and solid waste management
8. Slum improvement and up-gradation
9. Safeguarding the interests of the weaker sections of society,
including the physically handicapped and mentally unsound
10. Urban forestry, protection of environment and promotion of
ecological aspects
11. Construction of roads and bridges
Items Listed in the 12th Schedule……
12. Provision of urban amenities and facilities such as parks,
gardens and playgrounds
13. Promotion of cultural, educational and aesthetic aspects
14. Burials and burials grounds, cremation and cremation
grounds and electric crematoriums
15. Cattle ponds, prevention of cruelty to animals
16. Regulation of slaughter houses and tanneries
17. Public amenities including street lighting, parking
spaces, bus stops and public conveniences
18. Vital statistics including registration of births and deaths
Multi-Level Federalism and Widening Democratic Base after the 73rd and 74th Constitution Amendments
* Only two Union Territories (Delhi and Pondicherry) out of seven have elected Assemblies. ** Population above 300,000 *** Areas in transition.
One-third of all the Panchayats and City Corporations/Municipalities/Nagar Panchayats are headed by women as Presidents, Mayors. About one-fourth
are headed by hitherto untouchables (Scheduled Castes) and Scheduled Tribes.
Source: Institute of Social Sciences, Panchayati Raj Research.
Democratic Decentralisation in Tribal and Schedule Areas
Special provisions are made in the constitution through the Fifth and Sixth schedules
to protect the interests of Tribals, their autonomy and rights. The Fifth Schedule
envisages notification of tribal dominated areas as Scheduled areas and the
formation of Tribal Advisory Council at the state level. The Sixth Schedule provides
for establishing autonomous district councils and autonomous regions empowered
with legislative judicial, executive and financial powers.
Gram Sabha
Every habitation community to have a Gram Sabha which will exercise command
over natural regions, resolve disputes and manage institutions under it, like schools
and cooperatives.
• Gram Panchayat
Elected body of representatives of each Gram Saha, also to function as an appellate
authority for unresolved disputes at lower level.
• Block / Taluk Level Body
This is the next higher-level body suggested by the committee. In addition to this
the committee has suggested an elected body of autonomous district council at the
district level with legislative, executive and judicial powers for tribal areas covered
under the Sixth Schedule.
In 1996 therefore the Lok Sabha passed a bill extending the proposed
Panchayat system of the 73rd Amendment into all Scheduled (i.e.
Adivasis) areas. This Act obliges state governments with scheduled
areas in Andhra Pradesh, Himachal Pradesh, Bihar, Maharashtra,
Madhya Pradesh, Gujarat, Rajasthan and Orissa to devolve
responsibility in key areas onto elected Panchayats in tribal areas, no
less than half of whose members had to be Scheduled Tribes.
The Act extended the provisions of Panchayats to the tribal
areas of nine states(and now ten states including Telangana)
that have Fifth Schedule Areas.
Most of the North eastern states under Sixth Schedule Areas
(where autonomous councils exist) are not covered by PESA, as
these states have their own Autonomous councils for
governance. The nine states with Fifth Schedule areas are:
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh,
Jharkhand, Maharashtra, Madhya Pradesh, Orissa and Rajasthan.
Article 243(M) of Constitution
Dilip Singh Bhuria Committee
Extended provisions of Part IX of the Constitution relating to
Panchayats to Scheduled Areas
With certain exceptions and modifications
Onus on states to make PESA compliant laws
Defined villages and Gram Sabhas (4b)
Every habitation shall have a village
Every village shall have a Gram Sabha
In effect, every habitation can have a Gram Sabha
State legislation should be in consonance with
customary law, social/religious practices, and
traditional management practices of community
resources
Reservation of seats in proportion of population
but not less than one half (4g)
Consultation before land acquisition (4i), power
to prevent land alienation ( Samatha judgement
of Supreme Court)
Planning and Management of minor water bodies
(4j)
Mandatory recommendation of Gram Sabha for Minor
minerals (4l)
Strength
Constitutional Status
Constitutional Status for Stability and Continuity
Timely election
Representation for weaker sections
Framework for 4 “Fs”
Functions
Functionaries
Funds
Freedom
Weaknesses
Lack of Awareness, rules, bye-laws etc., political will
Lack of public awareness and vigilance
Lack of accountability
Decision-making not yet broad-based
Rules & procedures not adequately framed
Influence of elite in the village planning
Lack of orientation of officials for working with LGs
Lack of political will of political parties
Opportunities
People’s participation providing good governance at grassroots level
Involvement of people in their village development planning
Resources Mobilization, cash, kind or labour for local development
Increasing the sense of responsibility in people for managing their affairs
Administration nearer to people for good governance
4 enemies:
Politicians
Officials
Landlords and Feudal elements
Contractors