Local Self Government means a government elected by the
local people to administrate local issues.
India practices different systems of local self government
in rural and urban areas. In rural areas Local Self Government is called
‘Panchayati Raj’. In urban areas Local Self Government is called
‘Municipalities’.
Article 40 of the Directive Principles of State Policy
specifies ‘The 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 self-government’.
Panchayats and Municipalities existed in different parts of
India even before passing the 73rd and 74th Amendment
Acts in 1992. Prior to 1992, different parts of India followed different indigenous
forms of Panchayats and Municipalities and hence there was no uniformity in
structure and composition of local self-government across of different regions.
The 73rd and 74th Amendment Acts constitutionalized Local
Self Government and made it compulsory across India. It also introduced
regulations on structures, processes and jurisdictions.
The Provisions of Panchayati Raj in India under the
Constitution (Seventy-third Amendment) Act, 1992
1.
Strengthen Gram Sabha as the foundation of
Panchayati Raj. Gram Sabha consists of people registered in the electoral role
of a village with the area of a village panchayat.
2.
Establishment of three tier system of panchayat:
Gram Panchayat at village level, Zilla Panchayat (Parishad) at District level
and Taluk Panchayat (Panchayat Samiti) functions as an Intermediate body
between the two.
3.
To maintain and streamline the organization and
functions of the three tiers of panchayat raj.
4.
Panchayat at intermediate level may not be
constituted in a State having a population not exceeding 20 lakhs.
5.
All seats in panchayat shall be filled by
persons chosen by direct election from territorial constituencies in the area.
6.
Provision for direct elections for members of
Panchayat, panchayat samities and Zilla Parishads and their heads. However,
chairpersons of Panchayat Samities and Zilla Parishads were to be elected
indirectly.
7.
Reservation of seats in Panchayati Raj for
Scheduled Castes and Scheduled Tribes. One third seats were reserved for women.
8.
One third offices of Sarpanch of panchayat and
heads of Panchayat Samities and Zilla Parishads of a state also reserved for
women.
9.
Panchayati Raj – fixed tenure of 5 years. In
case of dissolution, the new institution will enjoy the remaining tenure of the
previous institution.
10.
Responsibility for conducting elections of
Panchayati Raj of a state lies with the State Election Commission.
11.
Panchayats were given more functions and in
order to perform these functions additional finances and revenue sources were
provided.
Functions allotted to Panchayats are as follows:
1.
Agriculture, including agricultural extension
2.
Land improvement, implementation of land
reforms, land consolidation and soil conservation
3.
Minor irrigation, water management and watershed
development
4.
Animal husbandry, dairy and poultry
5.
Fisheries
6.
Social forestry and farm forestry
7.
Minor forest produce
8.
Small scale industries, including food processing
industries
9.
Khadi, village and cottage industries
10.
Rural housing
11.
Drinking water
12.
Fuel and fodder
13.
Roads, culverts, bridges, ferries, waterways and
other means of communication
14.
Rural electrification, including distribution of
electricity
15.
Non conventional energy sources
16.
Poverty alleviation program
17.
Education, including primary and secondary schools
18.
Technical training and vocational education
19.
Adult and non formal education
20.
Libraries
21.
Cultural activities
22.
Markets and fairs
23.
Health and sanitation, including hospitals,
primary health centers and dispensaries
24.
Family welfare
25.
Women and child development
26.
Social welfare, including welfare of the
handicapped and mentally retarded
27.
Welfare of the weaker sections and in particular
of the Scheduled Castes and Scheduled Tribes
28.
Public distribution system
29.
Maintenance of community assets.
Provisions for Municipalities in India under the Constitution
(Seventy Forth Amendment) Act, 1992
1.
Establishment of a tri-vertical system of
Municipalities: Municipal Corporation for a larger urban area, Municipal
Council for a smaller urban area and a Nagar Panchayat for an area in transition
from a rural to urban area
2.
To maintain and streamline the organization and functions
of the three types of municipalities
3.
All the seats in a Municipality shall be filled
by persons chosen by direct elections from the territorial constituencies in the
Municipal are. For this purpose, the Municipal area is divided into territorial
constituencies known as wards.
4.
The legislature of a state may, by law, provide
for the representation in a municipality of: persons having special knowledge
or experience in Municipal Administration, the members of the House of People
and member of the Legislative Assembly, the members of the Council of States
and members of Legislative Council of the state.
5.
Constitution of Ward Committees, consisting of
one or more wards within the territorial area of a Municipality having a
population of three lakhs or more
6.
Reservations of seats in Municipalities for
Scheduled Castes and Scheduled Tribes. One third seats reserved for women
7.
Municipalities enjoy a fixed tenure of five
years and in case of dissolution, the new institution will enjoy the remaining tenure
of the previous institutions.
8.
Responsibility for conducting elections of the
Municipal bodies of a state lies with the State Election Commission.
9.
Municipalities were given more functions and to
enable them to perform these duties additional finance and revenue sources were
provided.
Functions allotted to Municipalities are as follows:
1.
Urban planning including town planning
2.
Regulation of land-use and construction of
buildings
3.
Planning for economic and social development
4.
Roads and bridges
5.
Water supply for domestic, industrial and
commercial purposed
6.
Public health, sanitation, conservancy and solid
waste management
7.
Fire services
8.
Urban forestry, protection of the environment
and promotion of ecological aspects
9.
Safeguarding the interests of weaker sections of
society, including handicapped and mentally retarded.
10.
Slum improvement and upgradation
11.
Urban poverty alleviation
12.
Provision of urban amenities and facilities such
as parks, gardens, playgrounds
13.
Promotion of cultural, educational and aesthetic
aspects.
14.
Burial and burial grounds; cremations, cremation
grounds and electric crematoriums.
15.
Cattle pounds, prevention of cruelty to animals
16.
Vital statistics including registration of
births and deaths
17.
Public amenities including street lighting,
parking lots, bus stops and public conveniences.
18.
Regulation of slaughter houses and tanneries.
