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PANCHAYATI RAJ IN INDIA
S.M. VIJAYANANDADDITIONAL SECRETARY
DEPARTMENT OF RURAL DEVELOPMENTGOVERNMENT OF INDIA
INTRODUCTION Origin of modern Local Governments In the aftermath of Industrial Revolution in Europe
For provision of civic amenities
National Self Government versus Local Self Governmenta dichotonomy during the freedom struggle
Gandhian expectations and Ambedkarite fears
Missed opportunity at the time of independence
INTRODUCTION(contd……)
Progress of Panchayati RajPost-freedomo Madras Presidency model
Post-Balwantrai Mehta Committeeo Rajasthan, Maharashtra, Gujarat
Post-Ashok Mehta Committeeo West Bengal, Andhra Pradesh, Karnataka
Post-73rd Amendmento Only Kerala, Madhya Pradesh, Sikkim
INTRODUCTION (contd……) No understanding of “Local Government”
PoliticalLegalJudicialDevelopmentalEconomicalStatistical
Influenced by myths and fearsAnecdotal evidenceEven successes not well documented and analyzed
FEATURES OF THE 73RD AMENDMENT
Objectives of PRIs clarified Social Justice Economic Development
Mandatory 3-tier system of Rural Local Governance2-tier in the case of States with less than two million population
Secure tenures of Local Governments and timely elections
Reservations for women, SC and STOptional for OBC
Direct election for Village Panchayats/Urban Local Governments if so decided
List of subjects for devolution But “may”
FEATURES OF THE 73RD AMENDMENT (contd……)
FUNCTIONS OF RURAL LOCAL GOVERNMENTS Economic Development
Agriculture including agricultural extension Animal husbandry, dairying and poultry Fisheries Minor forest produceSmall Scale industries, including food processing industriesKhadi, village and cottage industries
Environmental MattersLand improvement, implementation of land reforms, land consolidation and soil conservationMinor irrigation, water management and watershed developmentSocial forestry and farm forestry
FEATURES OF THE 73RD AMENDMENT (contd……)
Civic FunctionsDrinking water
Rural electrification, including distribution of electricity
LibrariesCultural activitiesMarkets and fairs Social welfare including welfare of the handicapped and mentally retarded
Maintenance of community assets
FEATURES OF THE 73RD AMENDMENT (contd……)
Human Development•
Education including primary and secondary schools
Technical training and vocational education
Adult and non-formal education
Health and sanitation including hospitals, primary health centres and dispensaries
Family welfare
Women and child development
FEATURES OF THE 73RD AMENDMENT (contd……)
Poverty ReductionPoverty alleviation programme
Welfare of the weaker sections in particular of the Scheduled Castes and the Scheduled Tribes
Public Distribution System
FEATURES OF THE 73RD AMENDMENT (contd……)
FUNCTIONS OF URBAN LOCAL GOVERNMENTS
Planning FunctionsUrban planning including town planningRegulation of land-use and construction
buildingsPlanning for economic and social
development
FEATURES OF THE 73RD AMENDMENT (contd……)
Civic FunctionsFire servicesProvision of urban amenities and facilities such as parks, gardens, playgrounds, etc.Promotion of cultural, educational and aesthetic aspectsBurials and burial grounds, cremations, cremation grounds and electric crematoriumsCattle pounds, prevention of cruelty to animalsVital statistics including registration of births and deathsPublic amenities including street lighting, parking lots, bus stops and public conveniencesRegulation of slaughter houses and tanneries
FEATURES OF THE 73RD AMENDMENT (contd……)
Poverty AlleviationSafeguarding the interests of weaker sections of society including the handicapped and mentally retarded
Slum improvement and upgradation
Urban poverty alleviation
Environmental ServicesPublic health, sanitation conservancy and solid waste managementUrban forestry protection of the environment and promotion of ecological aspects
FEATURES OF THE 73RD AMENDMENT (contd……)
InfrastructureRoads and bridgesWater supply for domestic, industrial and commercial purposes
Public HealthPublic health, sanitation conservancy and solid waste management
FEATURES OF THE 73RD AMENDMENT (contd……)
Duty of State to create sources of revenue and devolve funds
Responsibility of State for accounts/audit Institutional set up
State Election CommissionState Finance CommissionDistrict Planning Committee
District Plan mentionedLack of clarity
Need to harmonize related legislations
PANCHAYATI RAJ FACTS AND FIGURES
Local Government structures in IndiaPanchayats & Nagarpalikas
24 States 5 Union TerritoriesFifth Schedule Areas – Areas of 9 States
AP Chhattisgarh Gujarat HP Jharkhand MP Maharashtra Orissa Rajasthan
Sixth Schedule Areas – Areas of Assam Meghalaya Mizoram TripuraOther systems established through State laws – Hill areas of
Manipur Nagaland Darjeeling Gorkha Hill Council(Exempt from ZPs) J&KEnvironmentally sensitive or resource rich areas have diverse LG structures
PANCHAYATI RAJ FACTS AND FIGURES(contd…..)
Inclusion of people in governance: Statistics on Panchayats
537 District Panchayats, 15,694 elected representatives (37% women 17% SC, 11% ST)6094 intermediate Panchayats, 1,56,609 elected representatives (37% women, 21% SC, 7%ST) 2,33,913 Village Panchayats, 26,56,476 elected representatives (37% women, 19% SC, 12%ST)
6000 Urban LGs with 600000 elected representatives
At the Village Panchayat level, each elected representative’s constituency comprises of about 340 people(70 families)
Environmentally sensitive or resource rich areas have diverse LG structures
PANCHAYATI RAJ FACTS AND FIGURES(contd…..)
The Panchayats (Extension to Scheduled Areas) Act, 1996Specific provisions for the extension of Panchayati Raj to Fifth Schedule areasGram Sabhas given extensive powers to
o Safeguard and preserve traditions, customs, cultural identity, community resources and customary mode of dispute resolution
o Approve the plans, programmes and projects for social and economic development
o Identify beneficiaries under poverty alleviation and other programmes
o Authorize the issues of utilization certificates after examining the utilization of funds by the Gram Panchayat
o Protect common property resources including minor forest produce
o Be consulted prior to land acquisition, extraction of minerals, acquisition of land/rehabilitation
State Legislation to give primacy to tribal communities to manage their affairs in accordance with traditions and customs in strict conformity with PESA
WHY LOCAL GOVERNMENTS ?
A. CONSTITUTIONAL ARGUMENTSInstitutions of Local Self Government
third tier of governanceo Significance of Reforms overlookedo Often ignored by States/Centreo Not fully and consistently recognized as such by judiciary
From civic and welfare institutions to development institutionso Human Developmento LEDo Basic minimum needs
WHY LOCAL GOVERNMENTS? (Contd…)
B. DEMOCRATIZATION ARGUMENTSMost democratico Face to face democracy
Feeder of political leadership
Nurtures a political class which understands development issues
Labs of multilevel pluralist democracyo Co-exist, co-operate and reach consensuso New politics of development
Leader with popular support
Poor marginalized groups growing in strengtho Learning by seeing, by knowing, by doing o Barriers are weaker
WHY LOCAL GOVERNMENTS? (Contd…)
From voice to choice o Enlarging freedomso Enhancing capabilitieso Problems of democracy to be solved by greater democracy
C. DEVELOPMENT ARGUMENTSDiffused economic stimulusPro-poor expenditure Niche areas o Provision of basic minimum needo Programme of care and compassion
Holistic approach to problems and cross-cutting programmeso Convergenceo Integration
WHY LOCAL GOVERNMENTS? (Contd…)
Good local models diversity
Realistic planningo No tall claims
Affordable appropriate technologieso Eking out resources
Exploiting local production possibilities
Better targeting
Improved service delivery through stronger demand and higher access
Quick outreach, faster feed back
D. FISCAL ARGUMENTSEfficiency in resource use due to focus on felt needs
Improved local resource mobilizationo Contribution of kindo Sharing of expenditure
WHY LOCAL GOVERNMENTS? (Contd…)
Good user charge mobilizerso Less of Taxes
Community based O&MPossibilities of basic financial reforms o Budget transparencyo Accounting o Audito Procurement
E. GOOD GOVERNANCE ARGUMENTSParticipation, transparency and accountabilityZero-base advantageo New people-friendly systems
Less of conflicto Most of negotiation and consensus
More responsivenessPossibilities for basic reformsReduced corruption
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION
PRIs have no
capacity
Staff systems
Power to access capacity
Attitudes, skills, knowledge - training
Opportunities for learning by doing
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION
(contd……)
PRIs do not understand Development
Good in basic minimum needs
Targeting of welfare
NRM potential
Human Development
Care and compassion
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)
PRIs are partisan
Greater possibilities of negotiation/consensus
Clear rules of the game
Opportunities for empowerment
Levers of power are visible and within reach
PRIs are liable to capture
Politically
Socially
Economically
Naturally participatory and
inclusive
Reservation of seats, funds
Game of numbers
Social Accountability
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)
Gains of widening the support base
Local accountability
Code of Conduct
PRIs weaken the bureaucracy
Strength of hierarchy is lost
Management manuals
Joint training
PRIs are poor managers of
staff
Officers gains professionally, lose administratively
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)
Can sort itself out only in timePRIs are messy to deal with
numbers
Lingo and behavior of elected
representatives
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)
Inappropriateness of existing systems
Deep structure of systems and procedures designed for centralized
governance
Systems based on due process
PRIs not amentable to
rule based functioning
Complex records
Inadequate staff
Independent accountability ensuring institutions
IT applications
PRIs are poor record
keepersSimplification
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)
PRIs politicize officialdom
Office Management System
Normative placements
Only if not given a clear functional mandate
If state does not duplicatePRIs are wastrels
But constituency-wise division of funds
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)
PRIs are fiscally destabilizing
Need for clarity, non-duplication of functions and matching funds with expenditure responsibilities
Hard budget constraint
Clarity on local resource mobilization
Fiscal database – Proper audit of expenditures
PRIs are corrupt
Potentially more
dangerous
Generally lesser in quantity
Can be controlled by processes, systems and institutions
More social accountability
But visible and “messy”
FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)
PRIs’ non-performance still affects government’s image
Clear division of responsibilities
People should know
STRATEGIES FOR STRENGTHENING
DECENTALIZATION
Clarifying the functional roles
Key roles in each of the schemes – Central and
State
Indicate roles in management of public
service delivery institutions
Indicate areas where funds can be spent
Use of participatory
planning as the entry point
STRATEGIES FOR STRENGTHENING DECENTALIZATION (contd……)
Factors to be taken into account by assigning responsibility
Technical complexity
Spill overs
Participation
CapacityNo overlapping or multiple
responsibilities
Service Area
Niche Areas • Basic minimum
services• Poverty reduction• Local public services
delivery• Care and compassion
schemes• NRM
STRATEGIES FOR STRENGTHENING DECENTALIZATION (contd……)
Providing Human
Resources
Work and worker going together
Volunteer teams
Community resource persons
Technical support agency/institutions
Training
ICTBest practice documentation
and learning from leaders
Capacity Building
Learning by
doing
Hand books/Manuals
Help Desk
STRATEGIES FOR STRENGTHENING DECENTALIZATION (contd……)
Strengthening Finances
Central Finance Commission/SFC Grants
Intelligent utilization of CSS
User charges
Donations in cash and kind
Sharing of expenditure
Local Resource Mobilization
BRGF MGNREGS NBA
Local Taxes
STRATEGIES FOR STRENGTHENING DECENTALIZATION [contd….]
Decentralized Planning
Building local data base
Needs assessment
Situation analysis
Census BPL Participatory data
Gram Sabha Stakeholders
Task Forces
Development Reports
STRATEGIES FOR STRENGTHENING DECENTALIZATION [contd….]
Decentralized Planning
Development Workshop
Development/Programme Ideation & Outlines
Priorities and Resource Allocation
Outlining Strategies and priorities
Task Forces
Panchayat
STRATEGIES FOR STRENGTHENING DECENTALIZATION [contd….]
Decentralized Planning
Projectization
Plan vetting
Plan approval
Task Forces
Volunteer Technical Groups
DPC
STRATEGIES FOR STRENGTHENING DECENTRALIZATION [contd….]
Strengthening Institutions Gram Sabha District Planning Committee State Finance Commission State Election Commission
Harmonising Institutions SHGs User Groups District level Missions/Societies
STRATEGIES FOR STRENGTHENING DECENTRALIZATION [contd….]
Partnerships and Linkages Academic InstitutionsTechnical InstitutionsNGOsLocal Government Associations
Enhancing Accountability Downward accountabilityDue ProcessTransparency and disclosuresSocial AuditImproving accounts and audit
STRATEGIES FOR STRENGTHENING DECENTRALIZATION [contd….]
Good Governance Initiatives Self Assessment Report Citizens’ Charter Citizen Score Card ICT for service delivery, monitoring, etc. Participatory for ao Citizen panels/jurieso Stakeholder groups
Developing norms by consultations and building them into processes, procedures and systems
STRATEGIES FOR STRENGTHENING DECENTRALIZATION [contd….]
Space, identity and voice Serious consultationsShared responsibility and working in partnership Taking feedback
Trusting/RecognizingGiving importance and showing respect. Soft Devolution
FRAMEWORK OF DECENTRALIZATION
F 1 – FUNCTIONS Responsibility mapping
Use of subsidiarity principle Define role range
InformerOpinion giverAgency ManagerPartnerActor
Need to avoid multiple responsibilities and overlapping roles
FRAMEWORK OF DECENTRALIZATION (contd……)
F 2 – FUNCTIONARIES Work and worker going together Facility to insource Volunteer Technical Corps Definition of control
Fiscal control most practical Code of Conduct Need for management manuals
FRAMEWORK OF DECENTRALIZATION (contd……)
F 3 – FINANCES Define own tax domain
Property TaxProfession TaxManagement TaxBenefit TaxUse of fees/license fees
TRANSFERSEfficiencyTo match expenditure responsibilitiesNon- discretionaryPredictableGuaranteed Free flowingFungibilityFreedom of useUntied
FRAMEWORK OF DECENTRALIZATION (contd……)
F 4 – FRAMEWORK Need for appropriate manuals, codes Planning framework Decision making framework
F 5 – FREEDOMS Freedom from bureaucratic control
Elected body as executive authority Focus on the elected body and not the
Sarpanch
FRAMEWORK OF DECENTRALIZATION (contd……)
F 6 – FRATERNITY Strengthening constitutional institutions SHGs and user groups as sub-systems and
not as parallel bodies Partnership with NGOs/CSOs
Cooperation and not contestation Local Government Associations Platforms of believers
PoliticiansCivil servantsAcademics/ModeActivities
FRAMEWORK OF DECENTRALIZATION (contd……)
F 7 – FUNCTIONINGS Continued capacity building Institutions for capacity building Accountability institutions
OmbudsmanSocial Audit
F 8 – FUTURE Reform agenda Road map for the earlier seven Fs
SILVER LININGS 150 Point Action emerging from the consensus of 7
Round Tables Report of the Expert Group on Grass root level planning Planning Commission guidelines for 11th Plan followed by
constitution of Task Force and issue of District Planning Manual
PRIs as the principal planning authority under MGNREGA Participatory planning in BRGF Recommendations of 2nd ARC – Sixth Report Recommendations of 13th Finance Commission
2.28% of Central Tax Revenue Insistence on separate budget documentInsistence on fiscal data base Mandatory property taxMandatory constitution of Ombudsman
CONCLUSION No “per se“ or “ipso facto” things Need for assiduous preparation and handholding Institutionalization challenges Learn from successes and failures Analyze roll outs and withdrawals Need to combine rationality and faith Support and guidance rather than control and direction Ambedkarite apprehensions vs . Gandhian expectations
Both are genuine No developed country functions without active Local
Governments Local Governments are more than instruments of
development and service deliveryThey constitute an essential pre-condition for democratic governance
LOCAL GOVERNMENTS ARE DEVELOPMENTAL AND DEMORATIC
NECESSITY
THE SOONER THE BETTERTHE BETTER THE SOONER
SWARAJ FOR SURAJ