Ch 8 Local Governments

Chapter 8, “Local Governments,” examines the constitutional status, structure, and functioning of local government institutions in India. The chapter opens with inspiring stories of two women leaders:Geeta Rathore, a Sarpanch in Madhya Pradesh who renovated water tanks, built schools, constructed roads, and fought against domestic violence; and the Gram Panchayat of Vengaiyasal village in Tamil Nadu that successfully challenged the government in the Madras High Court to protect its land rights.

These stories illustrate that local government is about government closest to the common people, involving day-to-day life and problems of ordinary citizens. The advantages of local government include convenient access for citizens to solve problems quickly and at minimum cost, meaningful participation in decision-making, and purposeful accountability. Democracy requires that tasks which can be performed locally should be left in the hands of local people and their representatives, as common people are more familiar with and concerned about local government than with State or national governments.

The chapter traces the growth of local government in India from ancient village assemblies (sabhas) and panchayats, through the colonial period where elected local bodies were created after 1882 by Lord Ripon, to the Government of India Acts of 1919 and 1935 which established village panchayats in many provinces. Mahatma Gandhi strongly pleaded for decentralization of economic and political power, believing that strengthening village panchayats was a means of effective decentralization and that independence must begin at the bottom.

However, when the Constitution was prepared, local government was assigned to the States and mentioned only in the Directive Principles (non-justiciable). Several reasons explain this: the turmoil of Partition resulted in a strong unitary inclination; Nehru viewed extreme localism as a threat to national unity; and Dr. Ambedkar believed that the faction and caste-ridden nature of rural society would defeat the purpose of local government.

Nevertheless, after independence, the Community Development Programme (1952) and the three-tier Panchayati Raj system recommended for rural areas laid the groundwork. However, many States did not establish elected local bodies, and where they existed, they lacked adequate powers and were dependent on State and central governments for financial assistance.

The chapter provides detailed coverage of the 73rd and 74th Constitutional Amendments (passed in 1992, came into force in 1993). The 73rd Amendment deals with rural local governments (Panchayati Raj Institutions) and established: a uniform three-tier structure (Gram Panchayat at village level, Mandal/Taluka Panchayat at intermediary level, and Zilla Panchayat at district level); mandatory creation of Gram Sabha comprising all adult voters; direct elections to all three levels with a five-year term (if dissolved, fresh elections within six months); reservation of one-third of all positions for women (including within SC/ST quotas, enabling Dalit or Adivasi women to become Sarpanch); reservation for SC/ST in proportion to their population; transfer of 29 subjects listed in the Eleventh Schedule (including agriculture, minor irrigation, rural housing, drinking water, roads, rural electrification, poverty alleviation, primary education, health and sanitation, women and child development, public distribution system, etc.); establishment of an autonomous State Election Commission to conduct local body elections; and a State Finance Commission every five years to review local government finances and revenue distribution. The 74th Amendment applies similar provisions to urban local bodies (Nagarpalikas):municipal corporations, town municipalities, and nagar panchayats:with functions listed in the Twelfth Schedule.

The chapter concludes by assessing the implementation and impact of these amendments. Today, India has over 600 Zilla Panchayats, about 6,000 block Panchayats, 2,40,000 Gram Panchayats, and over 100 city corporations, 1,400 town municipalities, and over 2,000 Nagar Panchayats.

More than 32 lakh members are elected every five years, including at least 13 lakh women, with over 200 women Adhyakshas in Zilla Panchayats and more than 80,000 women Sarpanchas. However, challenges remain: many States have not transferred most subjects to local bodies, limiting their effective functioning; local bodies raise only 0.24% of total revenues but account for 4% of total expenditure, making them dependent on State and central government grants; and local governments often continue as agencies implementing welfare schemes rather than as autonomous decision-making bodies.

The chapter emphasizes that true democracy means decentralization of power:legal provisions are important, but the true test of democracy lies in the practice of those provisions. Local governments have significantly altered the social profile of leadership at the village level, giving power to women, Scheduled Castes, and Scheduled Tribes who did not enjoy it earlier, leading to both empowerment and inevitable tensions as dominant groups resist losing control.