13-12-2024 Mains Question Answer

Q. Critically examine the effectiveness of the 73rd and 74th Constitutional Amendment Acts in decentralizing power and promoting participatory democracy through Panchayats and Municipalities in India.

13-12-2024

Ans. Decentralization in India refers to the process of distributing powers, responsibilities, and resources from central and state governments to local government bodies. The 73rd and 74th Amendment Acts were introduced to promote democratic governance by decentralizing power in India through Panchayati Raj Institutions (PRIs) for rural areas and Urban Local Bodies (ULBs) for urban areas.

Primary Objectives of Decentralization in India as outlined in the 73rd and 74th CAA:

  1. Local Governance: The main objective is to empower local bodies, both rural (Panchayats) and urban (Municipalities), with more powers to govern and make decisions.
  2. Democratic Participation: The 73rd and 74th Amendments encourage people’s involvement in decision-making by giving local communities the authority to elect their leaders. o These amendments aim to strengthen grassroots democracy.
  3. Accountability in Governance: By devolving power to local bodies, these amendments ensure that leaders at the grassroots level are more accountable to the people they represent.
  4. Better Service Delivery: Local governments are better positioned to address the specific needs of the locals. These amendments make local bodies responsible for services like sanitation, health, education, and infrastructure.
  5. Social Justice and Inclusion: The amendments ensure that marginalized groups, including women, Scheduled Castes, and Scheduled Tribes, are included in governance.
  6. Shift of Power: One of the key goals of these amendments is to transfer power and responsibilities from the central and state governments to local bodies to ensure that decisions are made closer to the people.

Effectiveness of 73rd Constitutional amendments:

  1. Constitutional Recognition: The 73rd Amendment gave Panchayats a constitutional status and ensured the legal validity and promoted their role in grassroots governance.
  2. Three-Tier Structure: Panchayats are organized into a three-tier system—village, block, and district levels— which helped in enabling decentralized governance that caters to local needs at each tier.
  3. Direct Elections for Representatives: The amendment mandates direct elections for Panchayat members, which gives citizens the power to choose their local leaders directly.
  4. Reservation for Women and Marginalized Groups: At least one-third of the seats in Panchayats are reserved for women, and other reservations are provided for SCs and STs. This provision helps in ensuring inclusivity in decision-making.
  5. Financial Autonomy: Panchayats have the authority to generate and manage their own funds, including taxes and grants, for local development and service delivery.
  6. Local Planning and Implementation: Panchayats are tasked with planning and implementing development projects, such as rural infrastructure, health programs, and educational schemes to ensure local control over development.
  7. State Finance Commissions: The amendment established State Finance Commissions to ensure equitable distribution of resources between the state government and Panchayats.
  8. Empowerment through Devolved Functions: The amendment transferred key functions to Panchayats, such as water management, sanitation, and rural welfare, and empowered them to manage and oversee local programs.

Effectiveness of 74th Constitutional amendments:

  1. Constitutional Status for ULBs: The 74th Amendment grants Municipalities and Corporations constitutional status, and ensures their legitimacy and role in urban governance.
  2. Clear Classification of ULBs: It classifies urban areas into Nagar Panchayats, Municipalities, and Municipal Corporations based on size to ensure appropriate governance for each type of urban area.
  3. Direct Elections: The amendment ensures that representatives of urban areas are directly elected, which helps in enhancing accountability and participation in governance.
  4. Reservation of Seats: The 74th Amendment mandates that seats be reserved for women, SCs, and STs to make urban local bodies more inclusive and representative of all communities.
  5. Urban Planning: ULBs are empowered to manage urban planning, including infrastructure, housing, sanitation, and urban poverty alleviation programs.
  6. Financial Powers: ULBs are given the authority to generate their own revenue through taxes and fees, and the amendment ensures that they have the funds necessary for local development and service delivery.
  7. Decentralized Urban Management: ULBs have the autonomy to manage and implement policies related to urban issues, such as waste management, water supply, and public transport.
  8. Municipal Finance Commissions: Similar to Panchayats, ULBs benefit from Municipal Finance Commissions to ensure fair allocation of funds from the state government, and ensures financial stability for urban local bodies.

Challenges Associated with Panchayats and Municipalities:

  1. Uneven Implementation: Decentralization has been uneven across states, which will create disparities in access to resources and power.
  2. Insufficient Funds: Local governments remain heavily dependent on state and central governments for funding. This reliance weakens their ability to perform essential duties and meet local needs independently.
  3. Limited Financial Flexibility: The funds given to local governments often come with strict restrictions on their use, which makes it difficult for them to address a range of local issues effectively.
  4. Lack of Skilled Staff: Many local bodies struggle with a shortage of trained and skilled personnel, such as urban planners or engineers, which hampers their ability to plan and implement.
  5. Local Power Groups: Powerful local groups often control decision-making. This undermines the intent of decentralization. This leads to corruption and decisions that serve the interests of a few rather than the community as a whole.
  6. Weak Implementation of Laws: Despite the presence of laws promoting decentralization, their effective enforcement is weak. Bureaucratic resistance, political interference, and lack of accountability prevent the laws from being fully realized in practice.

Conclusion:

The march of decentralisation largely led by two landmark acts has come a long way. Despite many pitfalls and structural challenges, the mandatory quota for women, STs and SCs has created a critical democratic space for underrepresented groups. But, for decentralisation to become a reality, states or sub-national governments have to devolve finances, functions, and functionaries to local bodies and take real ownership of the process.