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PANCHAYATI RAJ IN INDIA S.M. VIJAYANAND ADDITIONAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT GOVERNMENT OF INDIA. INTRODUCTION. Origin of modern Local Governments In the aftermath of Industrial Revolution in Europe For provision of civic amenities

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PANCHAYATI RAJ IN INDIAS.M. VIJAYANANDADDITIONAL SECRETARYDEPARTMENT OF RURAL DEVELOPMENTGOVERNMENT OF INDIA

introduction
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 Government

a dichotonomy during the freedom struggle

  • Gandhian expectations and Ambedkarite fears
  • Missed opportunity at the time of independence
introduction contd
INTRODUCTION(contd……)
  • Progress of Panchayati Raj
      • Post-freedom
        • Madras Presidency model
      • Post-Balwantrai Mehta Committee
        • Rajasthan, Maharashtra, Gujarat
      • Post-Ashok Mehta Committee
        • West Bengal, Andhra Pradesh, Karnataka
      • Post-73rd Amendment
        • Only Kerala, Madhya Pradesh, Sikkim
introduction contd1
INTRODUCTION (contd……)
  • No understanding of “Local Government”
      • Political
      • Legal
      • Judicial
      • Developmental
      • Economical
      • Statistical
  • Influenced by myths and fears
          • Anecdotal evidence
          • Even successes not well documented and analyzed
features of the 73 rd amendment
FEATURES OF THE 73RD AMENDMENT
  • Objectives of PRIs clarified
    • Social Justice
    • Economic Development
  • Mandatory 3-tier system of Rural Local Governance
    • 2-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 ST
    • Optional for OBC
  • Direct election for Village Panchayats/Urban Local Governments if so decided
  • List of subjects for devolution
      • But “may”
features of the 73 rd amendment contd
FEATURES OF THE 73RDAMENDMENT (contd……)

FUNCTIONS OF RURAL LOCAL GOVERNMENTS

  • Economic Development
    • Agriculture including agricultural extension
    • Animal husbandry, dairying and poultry
    • Fisheries
    • Minor forest produce
    • Small Scale industries, including food processing industries
    • Khadi, village and cottage industries
  • Environmental Matters
    • Land improvement, implementation of land reforms, land consolidation and soil conservation
    • Minor irrigation, water management and watershed development
    • Social forestry and farm forestry
features of the 73 rd amendment contd1
FEATURES OF THE 73RDAMENDMENT (contd……)
  • Civic Functions
    • Drinking water
    • Rural electrification, including distribution of electricity
    • Libraries
    • Cultural activities
    • Markets and fairs
    • Social welfare including welfare of the handicapped and mentally retarded
    • Maintenance of community assets
features of the 73 rd amendment contd2
FEATURES OF THE 73RDAMENDMENT (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 73 rd amendment contd3
FEATURES OF THE 73RDAMENDMENT (contd……)
  • Poverty Reduction
    • Poverty alleviation programme
    • Welfare of the weaker sections in particular of the Scheduled Castes and the Scheduled Tribes
    • Public Distribution System
features of the 73 rd amendment contd4
FEATURES OF THE 73RDAMENDMENT (contd……)

FUNCTIONS OF URBAN LOCAL GOVERNMENTS

  •  Planning Functions
    • Urban planning including town planning
    • Regulation of land-use and construction buildings
    • Planning for economic and social development
features of the 73 rd amendment contd5
FEATURES OF THE 73RDAMENDMENT (contd……)
  • Civic Functions
    • Fire services
    • Provision of urban amenities and facilities such as parks, gardens, playgrounds, etc.
    • Promotion of cultural, educational and aesthetic aspects
    • Burials and burial grounds, cremations, cremation grounds and electric crematoriums
    • Cattle pounds, prevention of cruelty to animals
    • Vital statistics including registration of births and deaths
    • Public amenities including street lighting, parking lots, bus stops and public conveniences
    • Regulation of slaughter houses and tanneries
features of the 73 rd amendment contd6
FEATURES OF THE 73RDAMENDMENT (contd……)
  •  Poverty Alleviation
    • Safeguarding the interests of weaker sections of society including the handicapped and mentally retarded
    • Slum improvement and upgradation
    • Urban poverty alleviation
  • Environmental Services
    • Public health, sanitation conservancy and solid waste management
    • Urban forestry protection of the environment and promotion of ecological aspects
features of the 73 rd amendment contd7
FEATURES OF THE 73RDAMENDMENT (contd……)
  •  Infrastructure
    • Roads and bridges
    • Water supply for domestic, industrial and commercial purposes
  •  Public Health
    • Public health, sanitation conservancy and solid waste management
features of the 73 rd amendment contd8
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 Commission
    • State Finance Commission
    • District Planning Committee
  • District Plan mentioned
    • Lack of clarity
  • Need to harmonize related legislations
panchayati raj facts and figures
PANCHAYATI RAJ FACTS AND FIGURES
  • Local Government structures in India

Panchayats & Nagarpalikas

24 States 5 Union Territories

Fifth Schedule Areas – Areas of 9 States

APChhattisgarh GujaratHPJharkhand MP Maharashtra OrissaRajasthan

Sixth Schedule Areas – Areas of

AssamMeghalayaMizoramTripura

Other systems established through State laws – Hill areas of

ManipurNagaland DarjeelingGorkha Hill Council(Exempt from ZPs) J&K

Environmentally sensitive or resource rich areas have diverse LG structures

panchayati raj facts and figures contd
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 contd1
PANCHAYATI RAJ FACTS AND FIGURES(contd…..)
  • The Panchayats (Extension to Scheduled Areas) Act, 1996
    • Specific provisions for the extension of Panchayati Raj to Fifth Schedule areas
    • Gram Sabhas given extensive powers to
      • Safeguard and preserve traditions, customs, cultural identity, community resources and customary mode of dispute resolution
      • Approve the plans, programmes and projects for social and economic development
      • Identify beneficiaries under poverty alleviation and other programmes
      • Authorize the issues of utilization certificates after examining the utilization of funds by the Gram Panchayat
      • Protect common property resources including minor forest produce
      • 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
WHY LOCAL GOVERNMENTS ?
  • CONSTITUTIONAL ARGUMENTS
    • Institutions of Local Self Government

third tier of governance

      • Significance of Reforms overlooked
      • Often ignored by States/Centre
      • Not fully and consistently recognized as such by judiciary
    • From civic and welfare institutions to development institutions
      • Human Development
      • LED
      • Basic minimum needs
why local governments contd
WHY LOCAL GOVERNMENTS? (Contd…)

B. DEMOCRATIZATION ARGUMENTS

  • Most democratic
    • Face to face democracy
  • Feeder of political leadership
  • Nurtures a political class which understands development issues
  • Labs of multilevel pluralist democracy
    • Co-exist, co-operate and reach consensus
    • New politics of development
  • Leader with popular support
  • Poor marginalized groups growing in strength
    • Learning by seeing, by knowing, by doing
    • Barriers are weaker
why local governments contd1
WHY LOCAL GOVERNMENTS? (Contd…)
  • From voice to choice
    • Enlarging freedoms
    • Enhancing capabilities
    • Problems of democracy to be solved by greater democracy

C. DEVELOPMENT ARGUMENTS

  • Diffused economic stimulus
  • Pro-poor expenditure Niche areas
    • Provision of basic minimum need
    • Programme of care and compassion
  • Holistic approach to problems and cross-cutting programmes
    • Convergence
    • Integration
why local governments contd2
WHY LOCAL GOVERNMENTS? (Contd…)
  • Good local models diversity
  • Realistic planning
    • No tall claims
  • Affordable appropriate technologies
    • 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 ARGUMENTS

  • Efficiency in resource use due to focus on felt needs
  • Improved local resource mobilization
    • Contribution of kind
    • Sharing of expenditure
why local governments contd3
WHY LOCAL GOVERNMENTS? (Contd…)
  • Good user charge mobilizers
    • Less of Taxes
  • Community based O&M
  • Possibilities of basic financial reforms
    • Budget transparency
    • Accounting
    • Audit
    • Procurement

E. GOOD GOVERNANCE ARGUMENTS

  • Participation, transparency and accountability
  • Zero-base advantage
    • New people-friendly systems
  • Less of conflict
    • Most of negotiation and consensus
  • More responsiveness
  • Possibilities for basic reforms
  • Reduced corruption
fears about panchayats and possible mitigation

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION

Staff systems

Power to access capacity

PRIs have no capacity

Attitudes, skills, knowledge - training

Opportunities for learning by doing

fears about panchayats and possible mitigation contd

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)

Good in basic minimum needs

PRIs do not understand Development

Targeting of welfare

NRM potential

Human Development

Care and compassion

fears about panchayats and possible mitigation contd1

Greater possibilities of negotiation/consensus

PRIs are partisan

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)

Naturally participatory and inclusive

PRIs are liable to capture

Clear rules of the game

Opportunities for empowerment

Levers of power are visible and within reach

Politically

Reservation of seats, funds

Socially

Game of numbers

Economically

Social Accountability

fears about panchayats and possible mitigation contd2

PRIs weaken the bureaucracy

Gains of widening the support base

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)

Local accountability

Strength of hierarchy is lost

Officers gains professionally, lose administratively

PRIs are poor managers of staff

Code of Conduct

Management manuals

Joint training

fears about panchayats and possible mitigation contd3

PRIs are messy to deal with

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)

Can sort itself out only in time

numbers

Lingo and behavior of elected representatives

fears about panchayats and possible mitigation contd4

PRIs not amentable to rule based functioning

Inappropriateness of existing systems

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)

Deep structure of systems and procedures designed for centralized governance

Systems based on due process

Independent accountability ensuring institutions

PRIs are poor record keepers

IT applications

Complexrecords

Simplification

Inadequate staff

fears about panchayats and possible mitigation contd5

PRIs politicize officialdom

Office Management System

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)

Normative placements

Only if not given a clear functional mandate

PRIs are wastrels

If state does not duplicate

But constituency-wise division of funds

fears about panchayats and possible mitigation contd6

Need for clarity, non-duplication of functions and matching funds with expenditure responsibilities

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)

PRIs are fiscally destabilizing

Hard budget constraint

Clarity on local resource mobilization

Fiscal database – Proper audit of expenditures

PRIs are corrupt

More social accountability

Generally lesser in quantity

Potentially more dangerous

But visible and “messy”

Can be controlled by processes, systems and institutions

fears about panchayats and possible mitigation contd7

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

Use of participatory planning as the entry point

STRATEGIES FOR STRENGTHENING DECENTALIZATION

Key roles in each of the schemes – Central and State

Indicate roles in management of public service delivery institutions

Clarifying the functional roles

Indicate areas where funds can be spent

strategies for strengthening decentalization contd

Service Area

Technical complexity

STRATEGIES FOR STRENGTHENING DECENTALIZATION (contd……)

Spill overs

Factors to be taken into account by assigning responsibility

Participation

Capacity

No overlapping or multiple responsibilities

  • Niche Areas
    • Basic minimum services
    • Poverty reduction
    • Local public services delivery
    • Care and compassion schemes
    • NRM
strategies for strengthening decentalization contd1

Work and worker going together

Providing Human Resources

STRATEGIES FOR STRENGTHENING DECENTALIZATION(contd……)

Volunteer teams

Community resource persons

Technical support agency/institutions

Capacity Building

Training

Hand books/Manuals

ICT

Learningbydoing

Bestpracticedocumentationand learning from leaders

Help Desk

strategies for strengthening decentalization contd2

STRATEGIES FOR STRENGTHENING DECENTALIZATION (contd……)

Strengthening Finances

Central Finance Commission/SFC Grants

Intelligent utilization of CSS

BRGF

MGNREGS

NBA

User charges

Local Resource Mobilization

Donations in cash and kind

Sharing of expenditure

Local Taxes

strategies for strengthening decentalization contd3

STRATEGIESFOR STRENGTHENING DECENTALIZATION [contd….]

Building local data base

Decentralized Planning

Census

BPL

Participatory data

Needs assessment

Gram Sabha

Stakeholders

Situation analysis

Task Forces

Development Reports

strategies for strengthening decentalization contd4

STRATEGIESFOR STRENGTHENING DECENTALIZATION [contd….]

Development Workshop

Decentralized Planning

Outlining Strategies and priorities

Development/Programme Ideation & Outlines

Task Forces

Priorities and Resource Allocation

Panchayat

strategies for strengthening decentalization contd5

STRATEGIESFOR STRENGTHENING DECENTALIZATION [contd….]

Projectization

Decentralized Planning

Task Forces

Plan vetting

Volunteer Technical Groups

Plan approval

DPC

strategies for strengthening decentralization contd

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 contd1

STRATEGIES FOR STRENGTHENING DECENTRALIZATION [contd….]

Partnerships and Linkages

Academic Institutions

Technical Institutions

NGOs

Local Government Associations

Enhancing Accountability

Downward accountability

Due Process

Transparency and disclosures

Social Audit

Improving accounts and audit

strategies for strengthening decentralization contd2

STRATEGIES FOR STRENGTHENING DECENTRALIZATION [contd….]

Good Governance Initiatives

Self Assessment Report

Citizens’ Charter

Citizen Score Card

ICT for service delivery, monitoring, etc.

Participatory for a

Citizen panels/juries

Stakeholder groups

Developing norms by consultations and building them into processes, procedures and systems

strategies for strengthening decentralization contd3

STRATEGIES FOR STRENGTHENING DECENTRALIZATION [contd….]

Space, identity and voice

Serious consultations

Shared responsibility and working in partnership

Taking feedback

Trusting/Recognizing

Giving importance and showing respect.

Soft Devolution

framework of decentralization
FRAMEWORK OF DECENTRALIZATION

F 1 – FUNCTIONS

  • Responsibility mapping
    • Use of subsidiarity principle
  • Define role range
    • Informer
    • Opinion giver
    • Agency
    • Manager
    • Partner
    • Actor
    • Need to avoid multiple responsibilities and overlapping roles
framework of decentralization contd
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 contd1
FRAMEWORK OF DECENTRALIZATION (contd……)

F 3 – FINANCES

  • Define own tax domain
      • Property Tax
      • Profession Tax
      • Management Tax
      • Benefit Tax
      • Use of fees/license fees
  • TRANSFERS
      • Efficiency
      • To match expenditure responsibilities
      • Non- discretionary
      • Predictable
      • Guaranteed
      • Free flowing
      • Fungibility
      • Freedom of use
      • Untied
framework of decentralization contd2
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 contd3
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
    • Politicians
    • Civil servants
    • Academics/
    • Mode
    • Activities
framework of decentralization contd4
FRAMEWORK OF DECENTRALIZATION (contd……)

F 7 – FUNCTIONINGS

  • Continued capacity building
  • Institutions for capacity building
  • Accountability institutions
    • Ombudsman
    • Social Audit

F 8 – FUTURE

  • Reform agenda
  • Road map for the earlier seven Fs
silver linings
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 document
    • Insistence on fiscal data base
    • Mandatory property tax
    • Mandatory constitution of Ombudsman
conclusion
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 delivery
    • They constitute an essential pre-condition for democratic governance
local governments are developmental and demoratic necessity
LOCAL GOVERNMENTS ARE DEVELOPMENTAL AND DEMORATIC NECESSITY

THE SOONER THE BETTER

THE BETTER THE SOONER

SWARAJ FOR SURAJ