Constitutional Bodies and Local Governance Reforms in India
Election Commission of India (ECI)
The ECI is a self-governing constitutional authority that regulates the election process in India in accordance with the Indian Constitution. The ECI was established on January 25, 1950, with the goal of managing the country’s electoral process. The ECI is in charge of overseeing elections from the President down to the State Legislative Assemblies. According to Article 324 of the Indian Constitution, the Election Commission of India has supervisory and directing responsibility for the entire process of elections to the Union and State Legislatures, as well as for the offices of the President and Vice-President of India. Originally, there was only a single Election Commissioner on the commission, but thanks to the ECI Amendment Act of 1989, it is now a multi-member body.
Appointment and Tenure of Commissioners
The commission is composed of one Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
- Appointment: The President of India appoints the Chief Election Commissioner and the Election Commissioners.
- Tenure: Both the CEC and ECs have a six-year tenure, or until they reach the age of 65, whichever comes first.
- Status: They have the same status, salary, and benefits as Judges of the Supreme Court of India.
Removal of Commissioners
- The Chief Election Commissioner can only be dismissed by the President, with the agreement of Parliament (following the same procedure as the removal of a Supreme Court Judge).
- An Election Commissioner can only be dismissed upon the recommendation of the Chief Election Commissioner.
Powers of ECI
The powers of the Election Commission of India can be categorized into three types:
- Administrative Powers
- Advisory Powers
- Quasi-judicial Powers
Administrative Powers
The vital task of supervising, directing, and controlling the conduct of elections encompasses a wide range of authorities, responsibilities, and activities; these are basically the administrative powers conferred upon the ECI. Article 324 confers several tasks on the Commission, which include powers or obligations, mostly administrative, but also judicial or legislative in nature.
The Election Commission is assisted at the state level by the Chief Electoral Officer, who is an IAS-level Officer.
Community Development Programme (CDP)
The Community Development Programme (CDP) started in 1952 by the Indian Government to bring about community development. Historically, its main focus was on rural areas. Still, many social workers focused on urban areas instead of rural ones, and these social workers were professionally trained. As per the United Nations, community development is defined as a process in which community members take collective action to solve common problems. Even though the major focus in India was rural for community organizations, social workers put their major thrust into balancing the program by focusing on urban areas as well.
The CDP was launched in India in 1952 to improve the social and economic conditions of rural areas. It aimed to involve local people in planning and developing their own villages, rather than relying only on government decisions. The program focused on better farming practices, rural employment, education, healthcare, roads, and clean drinking water. For UPSC preparation, CDP is important because it marks the beginning of India’s planned rural development strategy after independence. It shows how the government tried to promote self-reliance, grassroots participation, and balanced development across villages.
What is Community Development?
Understanding the basics of community development is crucial to comprehend the multifaceted nature of CDPs. Community development is a process where community members come together to take collective action and generate solutions to common problems. It is a long-term endeavor that aims to improve the social, economic, and environmental situations of a community.
Key Objectives of CDP
- Improve living standards: To enhance the overall quality of life for people in the community.
- Promote self-reliance: To empower communities to meet their own needs sustainably through their own efforts.
- Boost socio-economic development: To improve agricultural productivity, create employment opportunities, and boost the rural economy.
- Build infrastructure: To develop essential infrastructure such as roads, schools, health centers, and water supply systems.
- Enhance social services: To improve education, public health, sanitation, and medical facilities.
The Ashok Mehta Committee (1977)
The Ashok Mehta Committee was formed in 1977 to revitalize the Panchayati Raj system. Its key recommendations included replacing the three-tier system with a two-tier system (Mandal Panchayat and Zila Parishad), granting compulsory taxation powers to these bodies, making the Zila Parishad the primary planning body at the district level, and allowing official participation of political parties in local elections. The committee also suggested regular social audits and appointing a Minister for Panchayati Raj at the state level.
Key Recommendations
- Two-tier system: Replace the three-tier system with a two-tier structure consisting of the Mandal Panchayat (for a group of villages) and the Zila Parishad (at the district level).
- District-level planning: Make the Zila Parishad the principal planning and executive body at the district level.
- Financial autonomy: Grant compulsory powers of taxation to Panchayati Raj institutions to help them raise their own resources.
- Political participation: Allow political parties to participate officially in elections at all levels of Panchayati Raj.
- Regular elections: Ensure elections are held every five years under the supervision of the State Election Commission.
- Social audit: Introduce a regular social audit by a district-level agency and a committee of legislators to ensure transparency.
- Minister for Panchayati Raj: Recommend that each state council of ministers appoint a minister to oversee Panchayati Raj affairs.
- Protection against supersession: Advise against the supersession of Panchayati Raj institutions by the state government and mandate elections within six months if supersession is deemed necessary.
- Judicial functions: Suggest the establishment of separate Nyaya Panchayats for judicial functions, presided over by a qualified judge.
- Reservations: Recommend reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) based on their population and a reservation of one-third of seats for women.
Historical Development of Urban Local Governance
The concept of Urban Local Governance in India has existed since ancient times. There is evidence of its existence during the Harappan period. However, Urban Local Governance, as an organized formal institution in the modern sense, was first introduced in India during British rule.
Major Milestones in Urban Local Governance
- 1688: The first Municipal Corporation in India was established at Madras (now Chennai).
- 1726: Municipal Corporations were established in Bombay (now Mumbai) and Calcutta (now Kolkata).
- 1870: Lord Mayo’s Resolution on Financial Decentralisation was introduced. This envisioned the development of local self-government institutions to manage Municipal finances more effectively.
- 1882: Lord Ripon’s Resolution of 1882, often referred to as the ‘Magna Carta’ of Local Self-Government, laid the foundation for the modern framework of local governance. For this reason, Lord Ripon is called the ‘Father of Local Self-Government in India’.
- 1907–1909: The Royal Commission on Decentralisation was appointed in 1907 and submitted its report in 1909. The Commission, chaired by C.E.H. Hobhouse, focused on enhancing local self-governance structures.
- 1919: The Government of India Act of 1919 introduced the Dyarchical Scheme, which made Local Self-Government a transferred subject under the control of a responsible Indian Minister. This promoted greater local autonomy.
- 1924: The Cantonments Act was enacted by the Central Legislature to govern the administration of cantonment areas.
- 1935: The Government of India Act of 1935 made Local Self-Government a Provincial Subject. This transferred greater responsibility and autonomy to provincial governments for managing local affairs.
- 1949 Onwards: Post-independence, the Government of India appointed several committees and commissions to make recommendations on improving the functioning of urban local governments in India.
Significance and Structure of Local Self-Government
Local Self-Government (LSG) in India is a system of administration where local bodies, elected directly by the people, manage the affairs of the local community, such as villages, towns, or cities.
LSG has been established as the third tier of government beneath the Central Government and State Government. It aims to devolve powers and resources to the local level so as to empower local people to have a say in matters that impact their daily lives.
Structure of Local Self-Governance in India
The structure of local self-governance involves two types of institutions/bodies:
- Panchayati Raj Institutions (PRI)
- Urban Local Bodies (ULB)
Panchayati Raj Institutions (PRI)
PRI refers to the system of Rural Local Self-Governance in India—a system of governance of rural areas through representatives elected by the people. They were established in all States by the 73rd Constitutional Amendment Act, 1992, as the third tier of government in rural areas. Aiming to build democracy at the grassroots level, they ensure that local populations participate directly in the decision-making process.
Urban Local Bodies (ULB)
ULB, also known as Municipalities, refers to the system of Urban Local Self-Governance in India—a system of governance of urban areas through representatives elected by the people. They were established in all States by the 74th Constitutional Amendment Act, 1992, as the third tier of government in urban areas. This system ensures that urban populations participate directly in the decision-making process, thereby enhancing the effectiveness and accountability of urban development initiatives.
Structure of Urban Local Government
Urbanization has become a common feature of Indian society. With cities being the main beneficiaries of globalization, along with increasing urban population, millions of people chasing jobs are migrating to cities.
This signifies the need to position Indian cities as drivers of the structural transformation of the Indian economy. It requires enhancement and upgradation of infrastructure, which calls for active support by State Governments and also the Central Government.
Our Constitution provides a clear mandate for Democratic Decentralisation not only through the Directive Principles of State Policy but more specifically through the 73rd and 74th Amendments of the Constitution, which seek to create an institutional framework for ushering in grassroots democracy through the medium of genuinely self-governing local bodies in both urban and rural areas of the country.
However, despite the constitutional mandate, the growth of self-governing local bodies as the third tier of governance in the country has been uneven and slow. The transfer of 3F (Funds, Functions, and Functionaries) has been nominal (with notable exceptions such as Kerala).
Integrating institutional reforms in local governance with economic reforms was Gandhiji’s far-sighted vision of ‘Poorna Swaraj’. The Reserve Bank of India (RBI), in its report State Finances, Study of Budgets of 2021-22 (released in November 2021), stated that, with the third-tier governments in India playing a frontline role in combating the pandemic by implementing containment strategies and healthcare, their finances have come under severe strain, forcing them to cut down expenditures and mobilize funding from various sources.
Types of Urban Local Bodies
The Urban Local Government consists of eight types of Urban Local Bodies. The two most common are:
- Municipal Corporation: Usually found in big cities such as Bangalore, Delhi, Mumbai, Kolkata, etc.
- Municipality: Smaller cities tend to have the provision of municipalities. Municipalities are often called by other names such as the municipal council, municipal committee, or municipal board.
The 73rd and 74th Constitutional Amendments
The difference between the 73rd and 74th Constitutional Amendment Acts lies in their area of focus. The 73rd Constitutional Amendment Act focuses on the working of the Panchayati Raj System at the village level (rural areas). On the other hand, the 74th Constitutional Amendment Act focuses on the urban local bodies (municipalities). Both these Amendment Acts have proved to be milestones for the efficient decentralization of powers at various levels of the country.
The impact of the 74th Amendment on local administration is the increased participation of people in the governance of society as a whole. Adding the third tier to the administering authority, after the central and state levels, keeps the administration more effective. Apart from that, the act has also added uniformity in the legislation or laws for the various governmental bodies at the urban level.
Introduced in 1993, the 74th Constitutional Amendment Act gave Urban Local Bodies distinct powers and constitutional status. With the introduction of this act, an institutional framework was created to focus on the grassroots level and ensure efficient administration of urban areas through self-governing urban local bodies. It is with this act that the urban local body, Municipalities, came under the purview of the provisions mentioned under the Indian Constitution. The main aim was to strengthen and revitalize the urban local bodies so that developments can occur at all levels of the nation. The Amendment Act added a new part to the Constitution, Part IX-A, which consisted of Articles from 243-P to 243-ZG, ensuring uniformity in the laws made for the municipalities.
Urban areas contribute a considerable part to the economic development of a country. So, it becomes necessary that the administration must focus on building up the urban areas efficiently. Not only their development, but these areas also play a significant role in taking the rural hinterlands toward economic development. To keep the facilities in line with the demands of the people in urban areas, there is a need for an urban body to take care of the demands of the people. This is where the role of municipal bodies comes into being.
Duration of Municipalities
Like the Panchayati Raj bodies, the municipalities also have a tenure period of five years. Elections for the new municipalities should be conducted before the ending date of the existing municipal body. However, if the body is dissolved before the decided tenure of five years, then the election for the municipalities should be conducted within a time span of six months.
Decentralization and Constitutional Empowerment
More importantly, the 73rd and 74th Amendments ensured that these local governance structures are inclusive. They provided representation to Scheduled Castes (SCs) and Scheduled Tribes (STs) through reservation and also ensured that one-third of the seats were reserved for women. Further, the 11th Schedule of the Indian Constitution specifically lists the 29 subjects that could be devolved to the rural local bodies.
The PESA (Panchayat Extension to the Scheduled Areas) Act of 1996 brought local self-government rules to the areas listed under the 5th Schedule of the Constitution to empower the Adivasi (tribal) communities.
Approximately 30 lakh elected representatives from over two lakh rural panchayat bodies and about 4,000 urban municipal bodies have been empowered to participate in local governance. Out of 3.1 million elected representatives, 1.3 million are women. The constitutional amendments have not only facilitated political empowerment at the grassroots but have also encouraged women to participate in public life and positively impact governance, which warrants a closer inquiry.
Decentralization of power is a hallmark of democratic governance. Local self-governments in India have emerged as crucial instruments of decentralized governance by empowering local stakeholders at the grassroots. The 73rd and 74th Constitutional Amendments serve as key legislative instruments that have facilitated this remarkable transition over the past three decades. These amendments, passed in 1993, made it mandatory to constitute rural and urban local governments while also establishing a structured mechanism to fund them.
They prescribed a three-tier system of governance—the village, block, and district at the rural level and the town panchayats, municipalities, and corporations in the urban areas. Each of these was fixed for a term of five years (subject to a new body being elected in six months in case of dissolution). This institutionalization of rural and urban local bodies has ensured a much-needed relative uniformity in their structure and functioning across the country.
A local self-government system has not only deepened the roots of democracy by enabling more meaningful public participation in the decision-making process but has also extended a platform of representation to the marginalized sections of the citizenry. Their effective administration and functioning have moreover brought about substantial socio-economic development and welfare.
Local self-governments face ongoing challenges that require targeted solutions for effective mitigation. This includes the need to ensure greater autonomy from excessive control of state governments, removing hurdles in greater substantive women’s participation, stronger emphasis on decentralized planning, and addressing the limitations in the PESA Act. The creation of democratic, autonomous, financially sound local institutions promises stronger democratic governance through a bottom-up approach.
Nature and Scope of Local Self-Government
Fundamental Characteristics of LSG
- Decentralization: Power and authority are devolved from the central and state governments to local bodies, ensuring decisions are made closer to the people they affect.
- Autonomy: Local bodies typically possess a degree of independence in managing their finances, administration, and functions, operating within a statutory framework set by higher levels of government.
- Elected Representation: It is run by representatives directly elected by the local population for a fixed tenure (e.g., five years in India), ensuring that governance is inclusive and reflective of local needs.
- Accountability: Elected representatives are directly accountable to the local residents, which enhances transparency and responsiveness in governance.
- Community Participation: It provides a platform for active citizen engagement in planning, decision-making, and implementation of local development activities through mechanisms like Gram Sabhas (village assemblies).
- Legal Status: These institutions are established under specific legal and often constitutional provisions (like the 73rd and 74th Amendments in India), giving them a defined area of jurisdiction and legal personality.
Scope of Local Self-Government Functions
The scope of local self-government encompasses a wide array of functions aimed at the social and economic development of the local area. These functions can be broadly categorized as:
- Service Provision: Providing essential public services such as water and sanitation, waste management, public health, primary education, and street lighting.
- Infrastructure Development: Planning, constructing, and maintaining local infrastructure, including roads, bridges, public buildings, and community assets.
- Regulatory Functions: Managing land use planning, enforcing building codes, and regulating local markets and fairs.
- Economic and Social Welfare: Implementing poverty alleviation programs, promoting local industries (e.g., small-scale industries, dairy, poultry), and managing social welfare schemes for marginalized communities, women, and children.
The Balwant Rai Mehta Committee (1957)
The Balwant Rai Mehta Committee was appointed in 1957 to study the Community Development Programme and National Extension Service and recommend measures for better efficiency. Its major contribution was the recommendation for a three-tier Panchayati Raj system for democratic decentralization, which became the cornerstone of rural self-governance in India.
The committee, chaired by Balwantrai G. Mehta, submitted its report in November 1957 with the following key notes and recommendations:
Key Recommendations
- Establishment of a three-tier structure: The system was to consist of three levels:
- Gram Panchayat at the village level, with directly elected representatives.
- Panchayat Samiti at the block/intermediate level, as the executive body with indirectly elected members.
- Zila Parishad at the district level, as the advisory, coordinating, and supervisory body with indirectly elected members.
- Organic linkage: The three tiers should be organically linked through a system of indirect elections to ensure coordination and continuity.
- Genuine transfer of power and responsibility: The report emphasized a real transfer of power and responsibility to these local bodies to enable them to perform their duties effectively.
- Entrustment of development activities: All planning and development activities at the local level were to be entrusted to these Panchayati Raj bodies.
- Adequate resources: Sufficient resources, including a fixed percentage of land revenue and the power to levy certain taxes (like a cess on land revenue or tax on professions), were to be transferred to these bodies for financial autonomy.
- District Collector’s role: The District Collector was recommended to be the chairman of the Zila Parishad to ensure coordination with the state administration.
- System for future devolution: A robust system should be established to facilitate further devolution of authority in the future.
The recommendations were approved by the National Development Council in January 1958, leading to the adoption of the Panchayati Raj system across various states. Rajasthan was the first state to implement it in the Nagaur district on October 2, 1959.
Key Features of the 73rd Amendment Act (Panchayati Raj)
The Constitution (73rd Amendment) Act of 1992 ushered in a new era in the country’s federal democratic setup, giving the Panchayati Raj Institutions (PRIs) constitutional legitimacy.
Main Features of the Act
- Establishment of a three-tier structure: Gram Panchayat (Village Panchayat), Panchayat Samiti (Intermediate Panchayat), and Zila Parishad (District Panchayat). This is also called the three-tier system of Panchayati Raj.
- Regular Elections: Mandates regular elections, which happen roughly every five years.
- Reservations for SC/ST: Special reservations for Scheduled Castes and Scheduled Tribes are provided and secured in proportion to their population.
- Women’s Reservation: Ensures the reservation of one-third of total seats for women at all three levels of rural development and Panchayati Raj.
- State Finance Commission (SFC): Aids in the formation of State Finance Commissions that suggest methods to enhance panchayat finances and payments.
- State Election Commission (SEC): Mandates the formation of special State Election Commissions to oversee the organization of elections.
- District Planning Committees (DPC): District Planning Committees are formed to draft development strategies for various districts.
- Economic and Social Justice: Assists in creating programs for economic growth and social justice, covering the 29 subjects included in the Constitution’s 11th Schedule.
- Gram Sabha Empowerment: Ensures the formation and empowerment of the Gram Sabha as a powerful entity at the local level.
- Rotation of Seats: Participates in the rotation of seats allotted in the PRIs for classes such as women and Scheduled Castes.
- Powers and Authority: The Constitution (73rd Amendment) Act grants the Panchayati Raj the rights and authority to administer justice at the local level, allowing them to function. It contains several special action powers that give them the authority to disperse powers and other responsibilities related to:
- Developing various plans for economic development and ensuring swift and equitable social justice.
- Implementing all such plans for economic development and social justice.
