The Value of Local Self Governance
Context:
- When discussing federalism, it is important to go into deeper detail about power distribution difficulties at the federal, state, and local levels.
Introduction:
- In December 1992, Parliament enacted the 73rd and 74th constitutional amendments, which created panchayats and municipalities, respectively.
- With these changes, each region had to have a municipality (in the form of municipal corporations, municipal councils, and nagar panchayats), as well as panchayats (at the village, block, and district levels).
- They sought to create a third level of governance within the federal framework by delegating duties, funds, and staff to local governments.
Basis for local self-government in theory:
- The idea of subsidiarity is linked to local self-governance, which is typically defended by two basic arguments.
- First, because smaller governments are better able to cater their service offerings to the requirements of their residents, it enables the efficient provision of public goods.
- Second, it promotes a stronger democracy by making it easier for citizens to participate in governmental matters.
- These principles may also serve as the inspiration for India’s decentralisation strategy.
- States are required by the 73rd and 74th amendments to grant municipalities and panchayats the power “to operate as institutions of self-government,” including the ability to establish and implement plans and programmes for social and economic development.
The 73rd and 74th Amendments’ criteria are as follows:
- They also set up participatory forums like ward committees in municipal corporations and gramme sabhas in panchayats, hold regular local elections, and reserve seats for women, people of colour, and those who belong to scheduled castes and tribes.
- Thus, the fundamental principles that the changes want to instil are increasing local democracy and delegating tasks to meet the objectives of economic development and social justice.
Limitations:
- Despite the constitution’s guarantee of local self-governance, local governments—particularly municipalities—have little autonomy and authority.
The Patna High Court recently ruled:
- The Patna High Court’s decision that parts of the Bihar Municipal (Amendment) Act, 2021 are unconstitutional is groundbreaking in this regard.
- Instead of the Empowered Standing Committee of the municipality, which had this ability before to the 2021 amendment, the Directorate of Municipal Administration, which is controlled by the State government, now has the authority to designate Grade C and D workers for municipalities.
- According to the court, recentralizing power and eroding self-governance are “incompatible with the idea, intent, and design of the constitutional amendment.”
- This decision is special because it evaluated state municipal laws against the letter and spirit of the 74th Amendment and has the potential to alter the place of local governments in India’s federal structure.
Conclusion:
- Federalism is once again emphasised as India’s politics, business, and culture all become more centralised. However, this assertion of State rights hardly counts as a normative claim based on values.
- Many of the theoretical grounds for federalism also promote local self-government, according to our analysis of them.
- Since local governments form an essential component of the federal framework of the Constitution, both normatively and structurally, arguments on federalism should cover more ground regarding how power should be allocated and shared among the Union, States, and local governments.
