M.P.A.

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DECENTRALISATION & LOCAL GOVERNACE
ASSIGNMENT SOLUTIONS GUIDE (2011-2012)

Section I
Disclaimer / Special Note: These are just the sample of the Answers/Solutions to
some of the Ques- tions given in the Assignments. These Sample Answers/Solutions
are prepared by Tutor for the help of the student to get an idea of how he/she can
answer the questions of the Assignments. Sample answers may be Seen as the
Guide/Reference Book/assignment Guide. Any Omission or Error is highly regretted
though every care has been taken while preparing these Sample Answers/Solutions.
Please consult you Teacher / Tutor before you prepare a Particular Answer.

Q. 1. Explain the Political dimensions of Democratic Decentralisation.

Ans. A public choice framework involves a shift from a vertically-integrated

corporate institutional form of direct service provision by local government to one of
an enabling function within a horizontally-coordinated network of multi-agency
service provision. It considers a fundamental reappraisal of the form of democracy
and the way in which it can be secured, a questioning of the behavioural
characteristics of local government in relation to the public interest, a re-instatement
of the public interest, a reinstatement of the rights and responsibilities of the
individual and of the family, a reduction of local government’s role in providing the
welfare state and a preference for multiple solutions provided by agencies in place of
monolithic provision by local government monopolies. Craig Johnson, views
decentralization as a process that can create ‘political environment of choice’ by
creating the ‘political space’ for self help on the part of people. According to him, it
can also be catalysed through devolution of authority to local user groups,
community based agencies and civil society. Some of the possibilities are explained
below. “Exit” Options: According to K.V. Sundaram, development of “polycentric
institutional arrangements” through spontaneous cooperation and aggregation of
interests at the local level. It would consolidate and unifying spontaneous groups and
would promote group interests. Acting as instruments for collective action, these
polycentric or non-central institutions are expected to function across jurisdictions
covering a spatial extent. These may also be “receiving mechanisms” whose user
groups can interact with the government’s delivery system in distributing the
benefits to the target groups. “Voice” Options: According to Meenakshisundaram,
accountability of public officials in China and Nigeria has increased with mass
participation. Similarly, the case of India (Karnataka), Bolivia, Honduras, the
Philippines, Ukraine and Mali, indicate that civil society organization are fostering
strong accountability in remote rural area. According to Craig Johnson, participation
in local, democratically elected bodies leads to heightened self- esteem among local
people. Moreover, active participation in democratic procedures improves
knowledge through membership of local administrative bodies in various skills.
Through quality education, better health, and better connectivity through rails, roads,
better law and order more ‘entitlements’ have to be created for people because these
are the prerequisites for future development. While the Chinese and South East
Asian nations have opened up after securing the essential prerequisites with respect
to human resource development, in India the human capital is not prepared to avail
the opportunities in the liberalized globalize world. Panchayats can be given the
power to hire fire and discipline absentee teachers and health staff because
increasing spending without effecting necessary structural reforms will be a failure.

Q. 2. Discuss the Legal Framework and Functioning of Democratic

Decentralisation in the context of 73rd and 74th Constitutional Amendment.

Ans. While distributing powers between the Union and the States, the Constitution
of India in Article 40 (Directive Principles of State Policy) vested local bodies and
Panchayati Raj as a subject with the States but did not further elaborate on the
relations between the States and this third tier of Government. Panchayati Raj was
given another lease of life in the context of community development projects
launched in 1952. The Balwantrai Mehta Committee Report in 1957 underlined the
role of elected Panchayat Samitis at the community development block/tehsil level
as the basic unit of democratic decentralisation. Only an advisory role was
contemplated for the Zila Parishads constituted of panchayat samiti heads chaired by
the Collector. However, the legislation that followed the Committee’s Report
basically continued the earlier enactments of Provincial Governments to re-iterate
the three-tier structure and provide for over-riding powers of the State Government
acting through the Collector. The 73rd and 74th Constitutional Amendments in
1992-93 have ushered in the present phase where panchayats are described as
institutions of local self-government, and are expected to prepare plans for economic
development and social justice. There are now approximately 250,000 Gram
Panchayats, 6500 Panchayat Samitis and 500 Zila Parishads duly elected and
governed by State legislation. To function effectively, these require rationalisation of
the district and sub-district administrative apparatus consistent with the State level
Conformity Acts. The Amendments inserted Parts IX relating to panchayats and IX
A relating to municipalities in the Constitution. Articles 243-243O and 243P -
243ZG of the Constitution are in the nature of basic provisions supplemented by
laws of the respective States, which define the details as to the powers and functions
of the various organs. All States have enacted new Acts or incorporated changes in
their existing Acts in conformity with the 73rd and 74th Amendments. Although
expectations have been raised by providing Constitutional status to the PRIs, in
actual practice, at the operational level, they appear to have been saddled with a
variety of problems. There are many impediments affecting the functioning of the
PRIs in several States with regard to structural pattern, composition of Panchayats,
organic linkages between PRIs, electoral process, concept of rotation in the case of
reserved seats, devolution of powers and functions, bureaucratic control over local
bodies etc. It is useful to analyse some of the legal issues surrounding the
implementation of the Act and examine the need to have a further amendment to
revitalise PRIs so as to make them vibrant. The constitution of Panchayats as
mandated under the Act has also posed problems in some States. Under Article 243C
(2), all the seats in a panchayat shall be filled by persons chosen by direct election
from territorial constituencies in the panchayat area. Prior to the Act, some States
had intermediate level panchayats consisting only of the elected representatives
representing that area in the village as well as district panchayats. While the
Chairman of this panchayat was directly elected in some States, in some other States
the chairperson of this intermediate panchayat was either elected from among the
members or nominated by the State government. There is debate regarding whether
direct elections should be held to constitute the panchayats at all the three levels or
whether the intermediate panchayat at least can be constituted by nomination of the
concerned elected members belonging to the other two tiers. A related issue rose in a
recent Constitutional Amendment proposal is whether we could restrict direct
elections to the village level only and have the village and intermediate panchayats
elect members who will represent them in the next higher level panchayats. While
this may provide an organic linkage between the different tiers of the system, it may
not perhaps satisfy the democratic norms for decentralisation, by diluting the
element of direct democracy at the district level.

Q. 3. Suggest measures for making Empowerment effective and meaningful.

Ans. Local Self-government is the management of local affairs by such local bodies
who have been elected by the local people. The importance of local self- government
has been emphasised by political thinkers and administrators of all ages. It was
Tocqueville who had commented, town meetings are to liberty what primary schools
are to science. In August 1948, Pandit Jawaharlal Nehru had said, “Local Self-
government is, and must be, the basis of any true system of democracy.” Local
bodies are established on two different principles. The first principle comprises local
bodies, which enjoy extensive powers to act in anyway they like for the betterment
of the community unless restricted by law in any sphere of activity. The second
principle comprises local bodies that cannot go beyond the specific functions
defined for them in the various acts and statutes. The concept of Local Self-
government is very ancient to India. It has originated since the Vedic period, when
the village assembly known as Samiti and Sabha and the Gramani, the village
headman existed. These assemblies represented the king`s authority in civil and
military administration and collected dues on behalf of the king. The local bodies
comprised of Gramyavadin or village judge, Dasagrami, Vimasapati, Satgrami.
Gradually there was the prominence of Nagaradhyaksha or city perfects who dealt
with the affairs of urban life and enforced respect for law and order in the minds of
the people. In the Maurya period there were gamas or villages, nigamas or small
towns and bhojka. This proves that considerable autonomy was enjoyed by the local
institutions. Municipal government as a form of local governments has been
administering in India since the time of the Maurya period. Local Self-government
during the early British existed but they had suffered a lot. However, local bodies
first came into existence in the presidency towns. In 1687 the Court of Directors
ordered for the establishment of a corporation in Madras. The corporation,
comprised British and Indian members, was empowered to levy taxes for building a
guildhall, a jail and a schoolhouse for meeting the expenses of municipal staffs. The
experiment testified untimely for the inhabitants, and they protested the payment of
direct taxes. The Mayor sought the permission of the authorities to levy an octroi
duty. The Charter Act of 1793 put the municipal institutions on a legal basis. The
Governor-General had the power to appoint Justices of Peace in the presidency
towns. These Justices of Power were given powers to levy taxes on houses and lands
to meet the cost of police, cleansing and repair of roads. In addition to that in the late
19th century, the British Government initiated the concept of Local Self-
government. When Lord Ripon became the Viceroy of India and provided notable
contribution to the development of Local Government in the country. In 1882, he
abandoned the existing system of local government by the officially nominated
people. According to his local self-government system, the enormous Local Boards
were split into smaller units to achieve greater efficiency. Moreover, to ensure
popular participation in the management of local affairs, nomination system was
replaced by an effective election process. Lord Ripon is considered to be the
founding father of urban local government. His concept of municipal authorities as
units of self-government has earned importance in the present days. Furthermore,
Various Indian counsellors were appointed to advise the British viceroy and the
establishment of provincial councils with Indian members. The Indian Councils Act
of 1892 introduced Municipal Corporations and District Boards that created for local
administration. The Bengal Act of 1842 delineates the commencing of municipal
institutions beyond the presidency towns. The act was authorised to facilitate the
inhabitants of any place of public resort or residence to make better provision for
proposes connected with public health and convenience. Under this Act, a Municipal
board was launched in one town and when the home-owners were summoned to pay
direct taxes, they not only resisted rudely, but also accused the collector for
encroaching when he came forward to collect taxes. This Act empowered municipal
bodies to impose indirect taxes. The Act was however of a controlled disposition.
The North-Western Provinces, present states of U.P. and Bombay craftily gained
from this Act. The growth of Municipal Institutions received additional impetus after
the issuing of the Royal Army Sanitary Commission Report in 1868. Though the
report fundamentally dealt in army affairs, yet it was successful in attracting
attention towards the unhealthy conditions in towns. In the ensuing years, several
municipalities were founded in every territory. The 73rd Amendment Act of the
Constitution in 1992 came into force to provide constitutional status to the
Panchayati Raj institutions. This Act proceeded further with the Panchayats in the
tribal areas of eight States including Andhra Pradesh, Bihar, Gujarat, Himachal
Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan from 24 December
1996. According to this Act, the Panchayati-Raj System was introduced as Local
Self-government for all States. The Act aims to provide 3-tier system in the Local
Self-government and announces to hold Panchayat elections regularly every five
years. The Act also provides reservation of seats for Scheduled Castes, Scheduled
Tribes and Women. Moreover, the Act declares to appoint State Finance
Commission to make recommendations regarding the financial powers of the
Panchayats and to constitute District Planning Committee to prepare draft
development plan for the district. Since the Independence movement, Local Self-
government had played a significant role. However, after Independence, the
Constitution of India was framed on federal principles. The Constitution-makers
divided the functions of the government on the three lists such as Federal, State and
Concurrent. The local government bodies came under the State List and are
governed by the State Statutes, or in the case of Union Territories, by the Union
Parliament. In the recent years Local Self-government has been playing a vital role.
These local bodies provide services to the local community as well as act as an
instrument of democratic self-government. In addition to that Local government has
become essential; part of the national government structure. This level of
government is recognized by the people as they are close to the citizens and involve
them in the decision making process. Local government is of two types that include
urban local government and rural local government. Urban local government was
manifested in Municipal Corporations, Municipal Councils, Town Area Committees
and Notified Area Committees. However, the Seventy-Fourth Constitutional
Amendment Act adopted in 1992 proposes to form a uniform structure of Municipal
Corporations, Municipal Councils and Nagar Panchayats in transitional areas.
Nevertheless, the Rural local government operates through Zilla Panchayats
(Parishads), Taluka Panchayats and Village Panchayats.

Section II

Q. 6. ‘Bhagidari Programme has enabled the participation of citizens in the

formulation and implementation of policies’. Discuss.
Ans. The Bhagidari System is an initiative of the government of the state of Delhi in
India to promote broad-based civic participation in local governance. The
government’s stated goal is to create “greater transparency and accountability in
administration” in order to improve “the quality, efficiency and delivery of public
services.” The initiative was announced by the Chief Minister of Delhi, Sheila
Dikshit, in December 1998. It was launched in 2003 in the area of waste
management, with mixed results. Bhagidari system is concerned. It emerged that
only about 46% of the citizens are aware of Bhagidari system.The Concept
“Bhagidari”, the Citizen’s Partnership in Governance is a means for facilitating
citywide changes in Delhi. It utilises processes and principles of multi-stakeholders
(citizen groups, NGOs, the Government) collaboration, applies the method of Large
Group Interactive Events and aims to develop ‘joint ownership’ by the citizens and
government of the change process. It facilitates people’s participation in governance
With a view to provide basic civic infrastructure in the industrial estates/areas, the
Government of NCT of Delhi has formulated a scheme for
upgradation/improvement of infrastructure in participation with the industries
owners both in terms of financial contribution and also in decision- making for such
upgradation the scheme will be confined to the following 9 industrial estates/areas:
(1) Shahjada Bagh Industrial Area (2) Narela Industrial Complex (3) Industrial
Complex at Rohtak Road of DSIDC (4) Rewari Line Industrial Area Phase- II
(Blocks D-1, D-II, EF & WS (5) DDA sheds Okhla, Phase-I & II (6) Functional
Industrial Estate, Patparganj (7) Ram Pura Industrial Area (8) Mohan Nagar
Cooperative Industrial Estate, Block-A, Block-B-1 and B-2 (9) SMA Cooperative
Industrial Area t G.T.Karnal Road (a) Scope of works to cover : (i) Road service
dressing; (ii) Horticulture; (iii) Storm water drain; (iv) Water tanks; (v) Water line;
(vi) Public toilets; (vii) Sewage; (viii) Disposal of garbage; (ix) Street lights and
high mast lights; and (x) Common facility centre policy with the objective of
achieving a balanced modal mix and to discourage personalized transport, it is
proposed to augment mass transport by massive investments accompanied by
institutional improvements. The focus, therefore, will be on increasing mass
transport options by providing adequate, accessible and affordable modes like buses,
mini-buses, electric trolley buses complemented by a network of a rail based mass
rapid transit systems like metro and commuter rail. Para modes like autos and taxis
are envisaged to provide feeder services in designated areas catering to work and
leisure trips. Transport like bicycles and cycle rickshaws will be accommodated.
Hence, the Bhagidari programme of the Government of Delhi reflects the
partnership between government and citizens at the local level.

Q. 7. Analyse the impact of Decentralised Development.

Ans. The trend toward greater decentralization in India was reinforced in 1992 by
the passage of the 73rd and 74th Amendments, which offered constitutional
recognition to local governments. Decentralization is the transfer of political,
administrative and fiscal responsibilities to locally elected bodies in urban and rural
areas, and the empowerment of communities to exert control over these bodies. In
India, locally elected bodies are the Panchayati Raj Institutions (PRIs) at the district,
block and village levels. The decentralization process is distinct for urban and rural
areas. The 73rd amendment governs rural decentralization, whereas the 74th
amendment mandates urban decentralization. Rules and institutions are different
between the two. The system of the hierarchically three–layered rural government is
clearly differentiated from local governments in urban areas, which are more
autonomous in nature. While the PRIs have hitherto been attached to the state
administration, the municipal authorities are disjoined and have had fiscal powers to
raise resources for their additional fiscal requirements. In general, there are lesser
expenditure responsibilities for rural than urban governments. Another important
difference is that the area and population under the jurisdiction of different urban
bodies is different. The new architecture of governance has to be built on the basis of
devolution of authority, responsibility and resources to appropriate levels. If
corresponding dispersion of resources and personnel is not accompanied with
devolution of authority it perpetuates mentality of dependency. Resources do not
mean only financial resources. Human resources are as important. Experience shows
that monitored and supervised by the local authorities, who are also their employers,
the professionals at the district and local levels have performed better. If a primary
school teacher looks to a distant education director for his promotion or any other
improvement in his conditions of service, he is not going to be accountable and re-
sponsive to the needs of the local community he is supposed to serve. This simple
example brings to the fore the question of the present structure of social and
economic services and how it needs to be remodelled or refashioned to bring it in
line with the requirements of the age of decentralization. There is no reason why the
District Councils cannot recruit, train, manage cadres of school teachers,
supervisors, administrators for primary and secondary education leaving the areas of
high speciality to professionals like curriculum developers. Coordination functions
can be handled by regional or state level bodies. Similar logic can be applied in
regard to other services which are needed at the district levels and it can be extended
upwards to the State level. Participation of women and members of SC/ST
communities in Gram Sabhas (village councils) and Panchayat meetings is favoured
to ensure representation of interests of the poor. The 73rd and 74th Amendments
envisage the village panchayat/ ward council as a forum and action point where local
solutions to local problems will remedy lacunae in bureaucratic, top-down schemes.
Although national goals and aspirations are supportive of decentralization, during its
implementation we need to address concerns for inclusiveness, accountability and
effectiveness. For realizing the progressive intent of national policy, elected local
government institutions must be helped to become vehicles for social
transformation, articulating the felt needs of the community, especially those of
women and marginalised groups. Livelihood security for the poor would ensure
effective participation and better mobilization of local resources.■ ■