Federalism And Local Self Government On India

INTRODUCTION

India is a large and diverse country and has its unique federalism model, which is defined by intricate interactions between the federal government, state governments, and local self-governments; India is a large and diverse country. The Indian Constitution's concept of federalism divides roles and responsibilities between the federal and state governments. In addition, grassroots institutions are empowered by local self-government to address the particular needs of their communities. This complex system has led to inherent tensions and challenges, even as it accommodates regional aspirations and fosters democratic principles. This paper delves into the intricate relationship that exists between Federalism and Local Self Government in India, and also tries to examine the dichotomy that has arisen or that may arise due to their coexistence. The paper tries to provide a comprehensive analysis of the constitutional provisions along with the historical developments to understand how these two systems grow together within this diverse nation.

TOWARDS LOCAL SELF GOVERNMENT: DECENTRALISATION IN INDIA

Since India developed as a country with strong centre, there has been consistent demand by the citizens for decentralisation of power post-Independence. For such a large country India, the two-tier model of Federalism (Centre and the States) may not work, and there was a need of power sharing within these states for better administration and functioning. These reasons resulted in need of making another tier in this federal structure that is creating a Local Self Government in the country. This is the rationale behind decentralisation of power where the power is taken from the Centre and State Governments and given to the third tier of the Government, known as Local Self Government. Moreover, Decentralisation is based on the fundamental tenet that most disputes and problems should be resolved locally. Individuals are more aware of issues in their communities. In addition, decision-making at the local level can involve direct public participation. This promotes the development of a democratic participation habit.¹

After the Independence and coming into force of Constitution of India, the biggest turning point towards Democratic Decentralisation of powers was the passing of 73^rd and 74^th Constitutional Amendment in 1992, which institutionalized the Local Self Government, granted constitutional status to Panchayats and Municipalities and added Schedule 11 and 12 in the Constitution which provided for the provisions for Rural Local Self Government and Urban Local Self Government in the country respectively.² Local governments in India had limited power and were largely reliant on State Governments until these amendments were passed. The needs of local communities and state as well as federal policies were frequently at odds as a result of this centralised approach. However, by giving Panchayats and Municipalities constitutional status and outlining their roles, responsibilities, and powers, the 73rd and 74th Constitutional Amendments aimed to address this imbalance. The goal of this power devolution was to move decision-making closer to the people, allowing local communities to more successfully address their needs and goals.

Some of the features of these Amendments are listed below, which throw some light on how the powers have been given to these local bodies to function as a unit of Self Government:

1. Establishment of Three-tier Panchayats: The establishment of Panchayats at the village, intermediate (block), and district levels³ marks a pivotal shift in India's governance structure, aiming to bring about meaningful grassroots democracy and decentralized decision-making. At the Village level, Panchayats serve as the primary units of governance, comprising elected representatives who understand the intricacies of local issues intimately. The Intermediate or block-level Panchayats act as a bridge between the grassroots and the district administration. At the apex of the Panchayati Raj system, district-level Panchayats provide an overarching perspective on development, coordinating initiatives that span across blocks and villages.
2. 2. Participatory Democracy and Status of Women: This empowers individuals at the grassroots level by affording them a direct role in shaping the development trajectory of their regions. Through active involvement in decision-making, citizens, including Scheduled Castes, Scheduled Tribes and Women, become stakeholders in their own progress. The reservation of seats for Scheduled Castes, Scheduled Tribes and Women in Panchayats⁴ is a transformative measure that recognizes their historically marginalized status in political spheres. It also deals with systemic gender inequality by giving women a voice and an opportunity to actively participate in decisions that have an immediate influence on their communities.
3. Elections for Panchayats: The 73rd Amendment establishes a fixed term for Panchayats and mandates their election every five years.⁵ In addition to ensuring a regular and orderly democratic process, this periodic election cycle is essential to promoting stability, accountability, and efficient local government. Additionally, the five-year term limit helps maintain political stability locally. It gives elected officials enough time to plan, carry out, and supervise development initiatives without having to worry about elections coming up soon.
4. Constitution of State Finance Commission: One important and strategic part of the decentralised governance structure is the State Finance Commissions' Constitutional mandate. State Finance Commissions are key organisations responsible for ensuring that Panchayats in a state receive an equitable share of financial resources.⁶ They function as unbiased entities, carrying out recurring evaluations and analyses to ascertain the appropriate amount of funding to be distributed to local organisations. Because it eliminates disparities and guarantees that every Panchayat gets an equitable share of resources based on its population size and developmental needs, this procedure is essential for promoting financial stability.

In conclusion, the 73rd Constitutional Amendment marked a turning point in the history of local self-government in India, which had previously undergone a radical transformation. This historic piece of legislation demonstrates the country's dedication to local community empowerment and decentralised governance. Through the Re-Institutionalization of Panchayati Raj Institutions and the inculcation of the values of financial autonomy, gender equality, participatory democracy, and periodic elections, the salient features of this Amendment have been instrumental in fundamentally altering the democratic landscape.

Footnotes

1 Decentralisation in India, Federalism Handout, https://www.aees.gov.in/htmldocs/downloads/e-content_06_04_20/3%20Fedaralism%20%20Handout%203.pdf

2 Schedule 11 and 12.

3 The Constitution of India, 1950, Art. 243B.

4 The Constitution of India, 1950, Art. 243D.

5 The Constitution of India, 1950, Art. 243E.

6 The Constitution of India, 1950, Art. 243I.

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