Concept & Importance of Local Self Government

(Dr. S. N. Alam)

Government in its functioning can be classified into

National, State and Local.

The Administration of a small community ( Village, Town, city) by a body representing the local inhabitants, possessing a fairly large amount of autonomy, raising a part of its revenues through local taxation and spending the proceeds on services is called Local Self Government.

Local Self Government can be Established

With extensive powers to act in any way thy like for the betterment of the community unless restricted by law in any sphere of activity. With powers that cannot go beyond some specific functions defined for them in various Acts & Statutes.

Local Self Government

The Government of the village will be conducted by the Panchayat of five persons, elected by the adult villagers, male and female, possessing minimum prescribed qualifications. These will have all the authority and jurisdiction required. This Panchayat will be the legislature, judiciary and executive combined to operate for its years of office.. The law governing every villager is that he will suffer death in the defense of his and his village's honour..... To model such a village may be the work of a lifetime. Any lover of true democracy and village life can take up a village, treat it as his world and sole work, and he will find good results.

MAHATMA GANDHI

Features of Local Self Governance

1.

Participation: All men and women have a voice in decision making. Rule of Law: Legal frameworks are fair and enforce impartially.

2.

3.

Transparency: There is free flow of information for ensuring transparency and monitoring of all processes and Institutions.
Responsibility: Institutions and processes serve all stakeholders. Consensus Orientation: Consensus is the hallmark of all Activities, Policies & Procedures.

4.

5.

Equity : All men and women have opportunities to improve or maintain their well being. Effectiveness and Efficiency: Processes and Institutions produce results that make the best use of resources.

Accountability: Decisions makers are accountable to the public at large.

Strategic Vision: Leaders have a broad and long term perspective on all issues along with a sense of how to achieve them. There is an understanding of the Institutional, Cultural & Social complexities in which these perspectives are grounded.

Panchayati Raj System

as Local Self Government in Rural India.

DEMOCRATIC DECENTRALIZATION

Constitutional Provision: Directive Principles of State Policy- Art. 40. State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of Local Self Government.

73rd and 74th Amendments of the Constitution: Seek to create an institutional framework for ushering in grass roots democracy through the medium of governance by self governing local bodies in both urban and rural areas of the country.

Principles of Local Self Governance

1. Subsidiarity:

Definition: A principle that a central authority should have a subsidiary function, performing only those tasks which cannot be performed at a more local level. (Oxford Dictionary)

Stipulates:
a) functions shall be carried out closest to citizens at the smallest unit of governance possible and delegated upwards only when the local unit cannot perform the task. b) The functions they cannot perform shall be delegated from the smallest tiers to larger tiers ( Local Govt to State Govt to Central Govt.)

Advantages:
a) Local decision making , improves efficiency, promotes self reliance, encourages competition & nurtures innovations. b) Greater ownership of programmes and practices by the local communities. c) Once decision making is taking place at local level, people appreciate that hard choices need to be made. This promotes greater responsibility , enlightened citizenship and maturing of democracy. d) Subsidiarity emerges as the over reaching principle in restructuring governance.

2. Devolution: (Decentralization of authority to take decisions )

Advantages:

Developing a link in citizens mind between votes and the consequences in terms of the public good it promotes.
Promoting fiscal responsibility by way of developing a link between resources generation and outcomes in the form of better services. Marginalizing asymmetry of power and balances in the exercise of power. Shifting locus of power close to the citizen in order to facilitate direct participation, constant vigil and timely intervention.

Harnessing human potential, preventing avoidable human suffering, ensuring human dignity, access to speedy justice and opportunities.
Realizing rapid socio-economic development.

3. Delineation of Functions:

In a federal democracy, roles and responsibilities of various tiers of Government need to be clearly defined.
Seventh Schedule: Central, State & Concurrent List.

Local Government functions not defined as they are part of the State functions.
Need for clear functional delineation among various tiers of local government. Guidelines for devolution of Functions, Funds & Functionaries (3Fs) through Activity Mapping.

4. Convergence:

Isolated functioning of government agencies complicates citizens life. Governance when brought closer to people yields convergence.

5. Citizen Centricity:

Citizen is the heart of a democratic system. Local Government to be judged by the satisfaction of citizens and the direct empowerment of people. Participation of people in decision making relatively easy at local community level. Importance of Gram Sabha. Gram Sabha as a far more legitimate guardian of public interests.

Status of Local Self Government in India

(2nd Administrative Reforms Commission)

Despite the mandatory constitutional injunctions, it took years, and in some cases a decade, to even constitute local governments and hold elections. Even when local governments are constituted and elections are held, States often postponed the subsequent elections on some pretext or other.

There has been no evolution in respect of democratic decentralization.

State Governments, legislators and civil servants are in general reluctant to empower local governments. Only the bare minimum required to implement the letter of the Constitution prevails in many States. What is implied by the spirit of the Constitution and principles of democracy is often ignored.

 Where the Panchayats have been constituted and elections held regularly, they are still left at the mercy of State Legislatures and State Executive.
The Union and State Governments have an established tradition of centralization for nearly four decades, means that strong vested interests have developed over time disallowing devolution of power. Some legislators act as executives, intervening in transfers and postings, sanctioning of local bodies contracts and tenders, crime investigation and prosecution - all of which are therefore often at the mercy of the local legislator. Given the compulsions of survival, the State Government which depends on the goodwill and support of legislators, does not usually intervene except where the Constitution specifically and unambiguously directs it.

Thank You