Local governments in a state of disrepair

After 75 years of independence, one cannot rejoice when considering the condition of India’s Panchayats and Municipalities. It is true that the local government system attained constitutional status only through the 73rd and 74th Constitutional Amendments, which delegated a range of powers and responsibilities to the Panchayats and Municipalities and made them accountable to the people. Some say that it is fortunate that those amendments were passed at all; He was presented in Parliament on the day the mob attacked the Babri Masjid on 6 December 1992. At that time the mind of the country was elsewhere.

These amendments, which came into force in 1993, were revolutionary; He changed the scope and extent of India’s democracy. From a mere 4,000 MLAs and MPs, our elected representatives have grown to about 32 million. We envisage one of the most deeply democratic participatory systems, being rare in representation. The government provided scope for the participation of women and marginalized sections of the society. These reservations were extended not only to elected seats but also to leadership positions.

In the nearly 30 years since these amendments were incorporated into our constitution, politicians have rhetoric of power to the people, but failed to speak up on a true ‘transfer’ of powers, responsibilities and accountability to local governments Huh.

While many ridiculed women, SCs, STs and OBCs for being able to occupy leadership positions, politicians of all kinds lived up to the importance of these measures.

In 2006, Nitish Kumar increased the representation of women in Bihar’s panchayats from the minimum mandatory level of one-third to half of elected seats and leadership positions. Other politicians quickly followed suit; Such provisions now exist in most states.

bureaucrats say

Bureaucrats free from political compulsions are constantly opposed to strengthening local governments. it is natural; If they do indeed transfer power to local governments, they will lose their pre-eminent positions of power over where, how and when government money is spent.

“Local governments have no capacity,” he declares, waving at the millions of elected members who stood for elections and won them – something no bureaucrat had the capacity to do.

There is a factionalism between top level politicians and such bureaucrats. The strategy is simple: Let’s talk, but let’s not move. Let us starve employees and money of local governments. That’s exactly what we stand at this time.

A three-pronged strategy is used to cripple the local government system.

Every local government should have organizational capability through employees such as engineers, office workers and social workers. The staff of local governments is short. In some states, several panchayats have a single secretary, who operates from a shoulder bag, a jhola, which holds all the books. The sub-district staff is still controlled by the collector, who is seen as the head of a chronological, district ‘administration’.

The concerned departments shy away from allowing their local institutions – schools, anganwadis, primary health centres, veterinary clinics etc. to be placed under the control and supervision of panchayats. Yet, in a delicious paradox, no high-level bureaucrat can be held responsible for the poor quality of local services.

Second, local governments are money-hungry. The Central Finance Commissions have made desirable recommendations, but the pitifully short finances that are transferred to local governments, not exceeding 5% of the divisible pool of union taxes, come with conditions that bind them to specific uses. .

In addition, these funds are tied up by restrictive procedures that give officials control over local government spending decisions through check signing conditions.

While local governments have their own tax resources such as property taxes, in many states, no emphasis is placed on their collection. Where they are collected, officials exercise control over how local governments use their funds, by committing to tender and total procurement of the system at a higher level. Finally, in a diabolical twist of the public finance system, the mandated duties of local governments to fund parallel corporate structures are diverted to perform these duties without accountability or consultation to the people. The smart city ‘special purpose vehicle’ is a particularly infamous example.

Third, technology is a much-loved tool for bureaucrats to centralize the delivery of local services, which is very detrimental to local decision-making. Guess why decisions on centralized beneficiary selection, payments and location of public utilities are so popular among bureaucrats? They take away from local, subtle decision-making and put enormous powers in the hands of high-level officials and politicians. Thus, beneficiary lists prepared through gram sabhas are overturned by legislators working in tandem with higher level officials who, despite their claims of professional neutrality, are unable to resist political pressure from above. .

new battlefield

What about the coming years in the light of these depressing practices that have embraced the constitutional vision? I see some trends emerging. First, urban governments will be the new battleground. The 74th Amendment was the poor cousin of the 73rd with weaker provisions, particularly with regard to enabling people’s participation in governance. However, the continued breakdown of urban services is fueling interest among urban citizens – most have been apathetic in the past – to join and combat bad governance. Over the past decade, urban NGOs have emerged, which educate and encourage urban citizens to take a greater interest in urban governance. There are many good examples of local action in practice.

Second, the failure of local services being provided by the departments concerned is increasing. Prior to this, in many states, line departments were unwilling to decide on the location of new infrastructure – that is where the powers of conservation existed. However, as India closes the infrastructure gap, line departments are more willing to delegate the day-to-day management of local services to local governments. One of the consequences of the pandemic lockdown was how panchayats rallied to keep local institutions running, with even high-level officials unable to monitor and manage them. That incident has, hopefully, reassured line departments that local governments have the capacity to manage their essential services, if they can be treated less condescendingly and with more respect.

In the end result, local governments cannot be neglected. For us, for the Indian people, our independence for the most part lies in strong local governments that are responsive to our needs and wants. Local governments are much more than our garbage collectors and street-light managers. They are our most effective vaccines against the pandemic of big government.

TR Raghunandan Former Joint Secretary, Ministry of Panchayati Raj, Government of India