panchayati raj in india s.m. vijayanand additional secretary department of rural development...

PANCHAYATI RAJ IN INDIA

S.M. VIJAYANANDADDITIONAL SECRETARY

DEPARTMENT OF RURAL DEVELOPMENTGOVERNMENT OF INDIA

INTRODUCTION Origin of modern Local Governments In the aftermath of Industrial Revolution in Europe

For provision of civic amenities

National Self Government versus Local Self Governmenta dichotonomy during the freedom struggle

Gandhian expectations and Ambedkarite fears

Missed opportunity at the time of independence

INTRODUCTION(contd……)

Progress of Panchayati RajPost-freedomo Madras Presidency model

Post-Balwantrai Mehta Committeeo Rajasthan, Maharashtra, Gujarat

Post-Ashok Mehta Committeeo West Bengal, Andhra Pradesh, Karnataka

Post-73rd Amendmento Only Kerala, Madhya Pradesh, Sikkim

INTRODUCTION (contd……) No understanding of “Local Government”

PoliticalLegalJudicialDevelopmentalEconomicalStatistical

Influenced by myths and fearsAnecdotal evidenceEven successes not well documented and analyzed

FEATURES OF THE 73RD AMENDMENT

Objectives of PRIs clarified Social Justice Economic Development

Mandatory 3-tier system of Rural Local Governance2-tier in the case of States with less than two million population

Secure tenures of Local Governments and timely elections

Reservations for women, SC and STOptional for OBC

Direct election for Village Panchayats/Urban Local Governments if so decided

List of subjects for devolution But “may”

FEATURES OF THE 73RD AMENDMENT (contd……)

FUNCTIONS OF RURAL LOCAL GOVERNMENTS Economic Development

Agriculture including agricultural extension Animal husbandry, dairying and poultry Fisheries Minor forest produceSmall Scale industries, including food processing industriesKhadi, village and cottage industries

Environmental MattersLand improvement, implementation of land reforms, land consolidation and soil conservationMinor irrigation, water management and watershed developmentSocial forestry and farm forestry


Civic FunctionsDrinking water

Rural electrification, including distribution of electricity

LibrariesCultural activitiesMarkets and fairs Social welfare including welfare of the handicapped and mentally retarded

Maintenance of community assets


Human Development•

Education including primary and secondary schools

Technical training and vocational education

Adult and non-formal education

Health and sanitation including hospitals, primary health centres and dispensaries

Family welfare

Women and child development


Poverty ReductionPoverty alleviation programme

Welfare of the weaker sections in particular of the Scheduled Castes and the Scheduled Tribes

Public Distribution System


FUNCTIONS OF URBAN LOCAL GOVERNMENTS

Planning FunctionsUrban planning including town planningRegulation of land-use and construction

buildingsPlanning for economic and social

development


Civic FunctionsFire servicesProvision of urban amenities and facilities such as parks, gardens, playgrounds, etc.Promotion of cultural, educational and aesthetic aspectsBurials and burial grounds, cremations, cremation grounds and electric crematoriumsCattle pounds, prevention of cruelty to animalsVital statistics including registration of births and deathsPublic amenities including street lighting, parking lots, bus stops and public conveniencesRegulation of slaughter houses and tanneries


Poverty AlleviationSafeguarding the interests of weaker sections of society including the handicapped and mentally retarded

Slum improvement and upgradation

Urban poverty alleviation

Environmental ServicesPublic health, sanitation conservancy and solid waste managementUrban forestry protection of the environment and promotion of ecological aspects


InfrastructureRoads and bridgesWater supply for domestic, industrial and commercial purposes

Public HealthPublic health, sanitation conservancy and solid waste management


Duty of State to create sources of revenue and devolve funds

Responsibility of State for accounts/audit Institutional set up

State Election CommissionState Finance CommissionDistrict Planning Committee

District Plan mentionedLack of clarity

Need to harmonize related legislations

PANCHAYATI RAJ FACTS AND FIGURES

Local Government structures in IndiaPanchayats & Nagarpalikas

24 States 5 Union TerritoriesFifth Schedule Areas – Areas of 9 States

AP Chhattisgarh Gujarat HP Jharkhand MP Maharashtra Orissa Rajasthan

Sixth Schedule Areas – Areas of Assam Meghalaya Mizoram TripuraOther systems established through State laws – Hill areas of

Manipur Nagaland Darjeeling Gorkha Hill Council(Exempt from ZPs) J&KEnvironmentally sensitive or resource rich areas have diverse LG structures

PANCHAYATI RAJ FACTS AND FIGURES(contd…..)

Inclusion of people in governance: Statistics on Panchayats

537 District Panchayats, 15,694 elected representatives (37% women 17% SC, 11% ST)6094 intermediate Panchayats, 1,56,609 elected representatives (37% women, 21% SC, 7%ST) 2,33,913 Village Panchayats, 26,56,476 elected representatives (37% women, 19% SC, 12%ST)

6000 Urban LGs with 600000 elected representatives

At the Village Panchayat level, each elected representative’s constituency comprises of about 340 people(70 families)

Environmentally sensitive or resource rich areas have diverse LG structures

PANCHAYATI RAJ FACTS AND FIGURES(contd…..)

The Panchayats (Extension to Scheduled Areas) Act, 1996Specific provisions for the extension of Panchayati Raj to Fifth Schedule areasGram Sabhas given extensive powers to

o Safeguard and preserve traditions, customs, cultural identity, community resources and customary mode of dispute resolution

o Approve the plans, programmes and projects for social and economic development

o Identify beneficiaries under poverty alleviation and other programmes

o Authorize the issues of utilization certificates after examining the utilization of funds by the Gram Panchayat

o Protect common property resources including minor forest produce

o Be consulted prior to land acquisition, extraction of minerals, acquisition of land/rehabilitation

State Legislation to give primacy to tribal communities to manage their affairs in accordance with traditions and customs in strict conformity with PESA

WHY LOCAL GOVERNMENTS ?

A. CONSTITUTIONAL ARGUMENTSInstitutions of Local Self Government

third tier of governanceo Significance of Reforms overlookedo Often ignored by States/Centreo Not fully and consistently recognized as such by judiciary

From civic and welfare institutions to development institutionso Human Developmento LEDo Basic minimum needs

WHY LOCAL GOVERNMENTS? (Contd…)

B. DEMOCRATIZATION ARGUMENTSMost democratico Face to face democracy

Feeder of political leadership

Nurtures a political class which understands development issues

Labs of multilevel pluralist democracyo Co-exist, co-operate and reach consensuso New politics of development

Leader with popular support

Poor marginalized groups growing in strengtho Learning by seeing, by knowing, by doing o Barriers are weaker


From voice to choice o Enlarging freedomso Enhancing capabilitieso Problems of democracy to be solved by greater democracy

C. DEVELOPMENT ARGUMENTSDiffused economic stimulusPro-poor expenditure Niche areas o Provision of basic minimum needo Programme of care and compassion

Holistic approach to problems and cross-cutting programmeso Convergenceo Integration


Good local models diversity

Realistic planningo No tall claims

Affordable appropriate technologieso Eking out resources

Exploiting local production possibilities

Better targeting

Improved service delivery through stronger demand and higher access

Quick outreach, faster feed back

D. FISCAL ARGUMENTSEfficiency in resource use due to focus on felt needs

Improved local resource mobilizationo Contribution of kindo Sharing of expenditure


Good user charge mobilizerso Less of Taxes

Community based O&MPossibilities of basic financial reforms o Budget transparencyo Accounting o Audito Procurement

E. GOOD GOVERNANCE ARGUMENTSParticipation, transparency and accountabilityZero-base advantageo New people-friendly systems

Less of conflicto Most of negotiation and consensus

More responsivenessPossibilities for basic reformsReduced corruption

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION

PRIs have no

capacity

Staff systems

Power to access capacity

Attitudes, skills, knowledge - training

Opportunities for learning by doing

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION

(contd……)

PRIs do not understand Development

Good in basic minimum needs

Targeting of welfare

NRM potential

Human Development

Care and compassion

FEARS ABOUT PANCHAYATS AND POSSIBLE MITIGATION (contd……)

PRIs are partisan

Greater possibilities of negotiation/consensus

Clear rules of the game

Opportunities for empowerment

Levers of power are visible and within reach

PRIs are liable to capture

Politically

Socially

Economically

Naturally participatory and

inclusive

Reservation of seats, funds

Game of numbers

Social Accountability


Gains of widening the support base

Local accountability

Code of Conduct

PRIs weaken the bureaucracy

Strength of hierarchy is lost

Management manuals

Joint training

PRIs are poor managers of

staff

Officers gains professionally, lose administratively


Can sort itself out only in timePRIs are messy to deal with

numbers

Lingo and behavior of elected

representatives


Inappropriateness of existing systems

Deep structure of systems and procedures designed for centralized

governance

Systems based on due process

PRIs not amentable to

rule based functioning

Complex records

Inadequate staff

Independent accountability ensuring institutions

IT applications

PRIs are poor record

keepersSimplification


PRIs politicize officialdom

Office Management System

Normative placements

Only if not given a clear functional mandate

If state does not duplicatePRIs are wastrels

But constituency-wise division of funds


PRIs are fiscally destabilizing

Need for clarity, non-duplication of functions and matching funds with expenditure responsibilities

Hard budget constraint

Clarity on local resource mobilization

Fiscal database – Proper audit of expenditures

PRIs are corrupt

Potentially more

dangerous

Generally lesser in quantity

Can be controlled by processes, systems and institutions

More social accountability

But visible and “messy”


PRIs’ non-performance still affects government’s image

Clear division of responsibilities

People should know

STRATEGIES FOR STRENGTHENING

DECENTALIZATION

Clarifying the functional roles

Key roles in each of the schemes – Central and

State

Indicate roles in management of public

service delivery institutions

Indicate areas where funds can be spent

Use of participatory

planning as the entry point

STRATEGIES FOR STRENGTHENING DECENTALIZATION (contd……)

Factors to be taken into account by assigning responsibility

Technical complexity

Spill overs

Participation

CapacityNo overlapping or multiple

responsibilities

Service Area

Niche Areas • Basic minimum

services• Poverty reduction• Local public services

delivery• Care and compassion

schemes• NRM


Providing Human

Resources

Work and worker going together

Volunteer teams

Community resource persons

Technical support agency/institutions

Training

ICTBest practice documentation

and learning from leaders

Capacity Building

Learning by

doing

Hand books/Manuals

Help Desk


Strengthening Finances

Central Finance Commission/SFC Grants

Intelligent utilization of CSS

User charges

Donations in cash and kind

Sharing of expenditure

Local Resource Mobilization

BRGF MGNREGS NBA

Local Taxes

STRATEGIES FOR STRENGTHENING DECENTALIZATION [contd….]

Decentralized Planning

Building local data base

Needs assessment

Situation analysis

Census BPL Participatory data

Gram Sabha Stakeholders

Task Forces

Development Reports



Development Workshop

Development/Programme Ideation & Outlines

Priorities and Resource Allocation

Outlining Strategies and priorities

Task Forces

Panchayat



Projectization

Plan vetting

Plan approval

Task Forces

Volunteer Technical Groups

DPC

STRATEGIES FOR STRENGTHENING DECENTRALIZATION [contd….]

Strengthening Institutions Gram Sabha District Planning Committee State Finance Commission State Election Commission

Harmonising Institutions SHGs User Groups District level Missions/Societies


Partnerships and Linkages Academic InstitutionsTechnical InstitutionsNGOsLocal Government Associations

Enhancing Accountability Downward accountabilityDue ProcessTransparency and disclosuresSocial AuditImproving accounts and audit


Good Governance Initiatives Self Assessment Report Citizens’ Charter Citizen Score Card ICT for service delivery, monitoring, etc. Participatory for ao Citizen panels/jurieso Stakeholder groups

Developing norms by consultations and building them into processes, procedures and systems


Space, identity and voice Serious consultationsShared responsibility and working in partnership Taking feedback

Trusting/RecognizingGiving importance and showing respect. Soft Devolution

FRAMEWORK OF DECENTRALIZATION

F 1 – FUNCTIONS Responsibility mapping

Use of subsidiarity principle Define role range

InformerOpinion giverAgency ManagerPartnerActor

Need to avoid multiple responsibilities and overlapping roles

FRAMEWORK OF DECENTRALIZATION (contd……)

F 2 – FUNCTIONARIES Work and worker going together Facility to insource Volunteer Technical Corps Definition of control

Fiscal control most practical Code of Conduct Need for management manuals


F 3 – FINANCES Define own tax domain

Property TaxProfession TaxManagement TaxBenefit TaxUse of fees/license fees

TRANSFERSEfficiencyTo match expenditure responsibilitiesNon- discretionaryPredictableGuaranteed Free flowingFungibilityFreedom of useUntied


F 4 – FRAMEWORK Need for appropriate manuals, codes Planning framework Decision making framework

F 5 – FREEDOMS Freedom from bureaucratic control

Elected body as executive authority Focus on the elected body and not the

Sarpanch


F 6 – FRATERNITY Strengthening constitutional institutions SHGs and user groups as sub-systems and

not as parallel bodies Partnership with NGOs/CSOs

Cooperation and not contestation Local Government Associations Platforms of believers

PoliticiansCivil servantsAcademics/ModeActivities


F 7 – FUNCTIONINGS Continued capacity building Institutions for capacity building Accountability institutions

OmbudsmanSocial Audit

F 8 – FUTURE Reform agenda Road map for the earlier seven Fs

SILVER LININGS 150 Point Action emerging from the consensus of 7

Round Tables Report of the Expert Group on Grass root level planning Planning Commission guidelines for 11th Plan followed by

constitution of Task Force and issue of District Planning Manual

PRIs as the principal planning authority under MGNREGA Participatory planning in BRGF Recommendations of 2nd ARC – Sixth Report Recommendations of 13th Finance Commission

2.28% of Central Tax Revenue Insistence on separate budget documentInsistence on fiscal data base Mandatory property taxMandatory constitution of Ombudsman

CONCLUSION No “per se“ or “ipso facto” things Need for assiduous preparation and handholding Institutionalization challenges Learn from successes and failures Analyze roll outs and withdrawals Need to combine rationality and faith Support and guidance rather than control and direction Ambedkarite apprehensions vs . Gandhian expectations

Both are genuine No developed country functions without active Local

Governments Local Governments are more than instruments of

development and service deliveryThey constitute an essential pre-condition for democratic governance

LOCAL GOVERNMENTS ARE DEVELOPMENTAL AND DEMORATIC

NECESSITY

THE SOONER THE BETTERTHE BETTER THE SOONER

SWARAJ FOR SURAJ

panchayati raj in india s.m. vijayanand additional secretary department of rural development...

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