The Prayas ePathshala

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21 January 2023

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There is Hardly any Autonomy at the Panchayat Level

Context:

  • In Telangana, a few sarpanches recently submitted their resignations and vented their resentment for not having received government aid in nearly a year. Sarpanchs asserted that in order to complete panchayat activities and reach their objectives, they were forced to use either private resources or take out sizable loans because the State government failed to deliver cash on time. Another of these up-Saipans committed himself after finding himself unable to repay loans he had taken out to fund Panchayat development projects.

About Panchayati Raj Institution (PRI):

  • It is a form of rural local self-government practised in India. The management of local affairs by elected local authorities is known as local self-government.
  • The PRI received constitutional standing in 1992 as a result of the 73rd Constitutional Amendment Act, which was passed with the intention of fostering local democracy and giving the organisation control over the country’s rural development.
  • The 74th Constitutional Amendment Act of 1999 gave municipalities and other urban local government units constitutional status.

 Municipal self-government at the moment:

  • After the 73rd and 74th Amendment Acts, which gave local governments constitutional status, more than three decades ago, State governments still have considerable discretionary power and control over panchayats through the local bureaucracy.
  • The objectives of constitutional amendments that meant to boost the status of locally elected officials are undermined in India by the fact that state governments and local bureaucrats continue to severely restrict the authority of locally elected officials in a variety of ways.

 The money conundrum:

  • For daily expenses, gramme panchayats continue to be dependent on funding from the State and the Center (both discretionary and non-discretionary grants).
  • A generalisation states that the three main financial sources for panchayats are as follows: (local taxes, revenue from common property resources, etc.)
  • grants granted at the discretion of the federal and state governments or with funds from particular programmes.
  • The majority of the panchayat funds come from sources other than their own, both tax and non-tax. Furthermore, in order for panchayats to be eligible for discretionary funding, they still need political and administrative connections.
  • Even when funds are distributed to local administrations by higher governmental levels, sarpanches nevertheless require assistance in order to get them. Excessive delays in transferring approved funds to panchayat accounts hinder local growth.
  • Telangana’s sarpanches are now compelled to use private funds for panchayat operations in order to comply with legislative requirements as a result of public demand. Several sarpanchs have committed themselves as a result of pressure placed on them as a result of delays in the local bureaucracy’s money distribution.
  • In addition, the way that panchayats can use the funds that have been provided to them is strictly regulated. State governments regularly impose spending limitations on a number of expenses using panchayat money. This could entail doing everyday things like purchasing posters of national heroes, serving refreshments to dignitaries, or distributing candy during national holidays at a neighbouring school.
  • Additionally, almost all States have a system of dual permission for spending panchayat revenue. With the exception of sarpanchs, payment distribution requires administrative approval. The sarpanch, who reports to the block development officer, and the panchayat secretary, who oversees payments made from panchayat money, must co-sign all checks issued for such payments (BDO).

The onerous approvals procedure:

  • State governments bind local governments through local bureaucracy. Approval for public works projects typically involves administrative approval from local officials of the rural development department, such as the BDO, as well as technical approval. This is a time-consuming process for sarpanches that necessitates repeated journeys to government offices (from the engineering department).
  • The power of sarpanchs is diminished as a result of frequent intervention in government programme beneficiary selection by higher-ranking politicians and bureaucrats.
  • Sarpanches have limited power to manage local employees administratively. Many States hire locals who work for the panchayat, such as village watchmen or sweepers, at the district or block level. The sarpanch frequently does not even have the power to fire these municipal workers.

 Regulatory bureaucracy’s impact:

  • Sarpanchs, unlike other elected officials at higher levels, are subject to removal at any time. Gram Panchayat Acts in numerous States have granted district-level officials, particularly district Collectors, the power to punish sarpanches for unlawful behaviour.
  • Why are Collectors allowed to pursue Sarpanches? One of the prerequisites, in addition to misuse of authority, embezzlement, or misbehaviour, is simply refusing to “carry out the orders of the District Collector or Commissioner or Government for the proper operation of the relevant Gram Panchayat.”
  • This is more than just a formal legal requirement. Sarpanches are frequently fired from their jobs by government officials from all around the country. More than 100 sarpanches have been fired from their positions in Telangana in recent years. One of these instances had a protest (by not attending a government-sponsored event) against the denial of land for an electrical substation as the official justification.
  • Sarpanchs are not given authority because politicians and state-level government representatives fear they will steal funds given to a village. India only has a limited degree of decentralisation because, if allowed real autonomy, the sarpanch would seize control of local governments’ funds. This way of thinking must change.

Conclusion:

  • The situation in Telangana should serve as a reminder to State governments to review the provisions of their own Gram Panchayat legislation and consider expanding the resources, responsibilities, and staff that are allocated to local governments.

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