• UGI USER
  • Mar 07, 2024
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SAFEGUARDING LOCAL DEMOCRACY

Syllabus:

GS 2:

  • Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
Sources:- Hindu

Focus:

  • Chandigarh’s Municipal Corporation illuminate several challenges facing local democracy. Local democracy in India, which encompasses the fair administration of elections, the integrity of elected councils, and the autonomy of local governments, is fundamental to the country’s democratic fabric. The recent political developments in Chandigarh’s Municipal Corporation illuminate several challenges facing local democracy, including the administration of elections, the problem of defections at the local level, and ensuring democratic governance in Union Territories (UTs). These issues necessitate a closer examination and call for statutory reforms to strengthen local democratic processes.

Administering Local Elections

  • Role of State Election Commissions: While these bodies oversee local government elections, mayoral elections often follow a separate, indirect process.
  • Selection of Presiding Officers: The process, as highlighted in the Chandigarh mayoral elections, can be manipulated by allowing the bureaucracy to appoint any councillor as the presiding officer, which raises concerns over impartiality.
  • Need for Fair Process Measures: The incident where a presiding officer allegedly defaced ballots underscores the importance of establishing robust systems to ensure fair election processes, including potentially courtmonitored elections and mandatory video recordings of the process.
Local Government Overview:

·   Definition: Local Self Government entails the management of local affairs by elected local bodies.

·   Scope: It encompasses both rural and urban governance, constituting the third tier of government.

·   Types: Two primary types exist: Panchayats in rural areas and Municipalities in urban areas.

Rural Local Governments (Panchayati Raj Institution  PRI):

·   Established through the 73rd Constitutional Amendment Act of 1992.

·   Constitutional provisions: PartIX and Eleventh Schedule.

·   Comprises a threetier structure: Zila, Block, and Village levels.

·   Key features include direct elections, reservation for marginalized groups, and State Finance Commission oversight.

Urban Local Governments:

·   Governed by the 74th Constitutional Amendment Act (1992).

·   Constitutional provisions: Part IXA and Twelfth Schedule.

·   Eight types of urban local governments, including Municipal Corporations and Municipality.

·   Notable features include reservation for marginalized groups, State Election Commission oversight, and financial autonomy.

Salient Features of 73rd Constitutional Amendment:

·   Compulsory Provisions: Gram Sabhas organization, threetier Panchayati Raj structure, direct elections, reservation for marginalized groups, State Election Commission establishment.

·   Voluntary Provisions: Voting rights for legislative members, financial autonomy for Panchayats.

Salient Features of 74th Amendment Act:

·   Compulsory Provisions: Establishment of urban local bodies, reservation for marginalized groups, State Election Commission and Finance Commission oversight.

·   Voluntary Provisions: Voting rights for legislative members, financial autonomy for municipal bodies, devolution of powers for economic development planning.

The Challenge of Defections

  • Judicial Intervention: The Supreme Court’s intervention to declare the validly elected Mayor of Chandigarh illustrates the judiciary’s role in upholding democratic principles against defections and electoral manipulation.
  • Limitations of AntiDefection Laws: Currently, the antidefection law under the 10th Schedule of the Constitution does not apply to local government bodies, allowing party defections to affect election outcomes.
  • Statutory Measures Needed: States like Karnataka and Kerala have enacted laws to curb defections in local governments. Similar measures are needed across India to prevent the undermining of local democracy through defections.

Ensuring Democratic Governance in UTs

  • Centralisation Concerns: The case of Chandigarh reflects a broader trend of centralisation in UTs, where the Centre’s influence over local governance has been expanding, often at the expense of local autonomy.
  • Legislative Assemblies and Local Governance: In UTs with legislative assemblies, the balance of power between elected governments and centrally appointed administrators is a contentious issue.
  • Safeguarding Local Democracy: For UTs without legislative assemblies, it is crucial to protect the autonomy and democratic accountability of local governments, as they are often the only direct link between the citizens and their governance structures.

Recommendations

  • The developments in Chandigarh serve as a stark reminder of the vulnerabilities facing local democracy in India. To safeguard the integrity of local democratic processes, it is imperative to:
  • Enhance Transparency and Fairness: Implement statutory reforms to ensure transparent and fair election processes for local government positions.
  • Extend AntiDefection Laws: Expand the scope of antidefection laws to include local government bodies to prevent the destabilizing effect of defections.
  • Strengthen Local Autonomy in UTs: Reinforce the principles of federalism and democracy in the governance of UTs, ensuring local governments have the autonomy to represent their constituents effectively.

By addressing these challenges through legislative and procedural reforms, India can bolster the resilience of its local democratic institutions, thereby enhancing governance, accountability, and public trust at the grassroots level.

Timeline

·   1951: Launch of the Community Development Program to promote rural development.

·   1953: First Panchayati Raj elections held in Rajasthan.

·   1959: Rajasthan passes the Panchayati Raj Act, establishing a legal framework for PRIs.

·   1962: Establishment of the Ministry of Community Development and Cooperation by the Central government.

·   1992: Establishment of National Panchayati Raj Day to recognize PRI contributions.

·   1993: Passing of the 73rd Amendment to the Constitution, providing legal basis for PRIs.

·   1996: Passing of the Panchayati Raj Extension to Scheduled Areas Act (PESA), granting tribal areas greater autonomy.

·   2000: Launch of the National Gram Swaraj Abhiyan to promote decentralized governance and strengthen PRIs.

·   2011: Launch of the National Rural Livelihoods Mission to empower women and marginalized groups through PRIs.

Committees Recommending Local Self Governments:

·    Balwant Rai Mehta Committee (1957): Recommended establishing PRIs at village, intermediate, and district levels, with financial resources and decisionmaking powers.

·    Ashok Mehta Committee (1977): Recommended granting PRIs more powers, resources, and responsibility for local development projects.

·    G.V.K. Rao Committee (1985): Recommended greater autonomy and accountability for PRIs, along with the power to levy taxes and fees.

·    L.M. Singhvi Committee (1986): Advocated for constitutional recognition and a legal framework for PRIs and urban local bodies to strengthen local selfgovernance.

·    P.K. Thungon Committee (1989): Recommended constitutional recognition for local government bodies.

·    Second Administrative Reforms Commission (2007): Emphasized the principle of subsidiarity and clear delineation of functions for each level of local government.

Source:

https://www.thehindu.com/opinion/op-ed/safeguarding-local-democracy/article67920485.ece

Mains Practice Question:

Discuss the significance and salient features of the 73rd and 74th Constitutional Amendments in India’s governance structure. Evaluate their impact on grassroots democracy and local governance, highlighting the compulsory and voluntary provisions introduced by each amendment.