While rural and urban areas across India face their own unique set of constraints and realities, both need an independent body to manage their issues, drive developmental initiatives and undertake governance duties. The unique system of local governance bodies, later known as Panchayats has existed in India since the Rig-Veda (1700 BC). The system of Panchayats suffered a setback during the British Raj when a highly decentralized system of administering justice was introduced.
Since the introduction of the 1992 reforms to the law on Panchayats and Municipalities, it has been legislatively mandatory for states to elect local bodies. However, even three decades after the introduction of the law, Panchayats and Municipalities rarely function as independent and accountable units of local government. These local systems of governance lack the power and authority to function as representative bodies. From delayed elections to an improper system of allocation of funds, several operational constraints have limited the proper functioning of these units. Understanding the factors that limit the functioning of such bodies, including limited powers to rigged and delayed elections are critical to deciphering how the system can be improved to benefit people from proper local governance.
History of Local Bodies in Independent India
After independence, Local Self Government (LSG) was incorporated in Article 40 of the Directive Principles of State Policy of the Constitution. It placed the responsibility of organizing local self-governments on individual states. As per the mandate, states had the responsibility to organize village Panchayats and endow them with the powers and authority necessary to enable them to function as units of self-government. During the first few decades of independence, several states set up local bodies and held elections for them.
Bihar was the first state to adopt the Panchayati Raj system and the Bihar Panchayati Raj Act was passed in 1947 and came into force in 1949. Rajasthan was one of the first states to pass legislation to hold elections to the Panchayats. The Rajasthan Panchayat Act, passed in 1953, established village Panchayats throughout the state. The system was reformed further and the first elections were held in September-October 1959.
What are the responsibilities of Local Self-Governance Bodies?
The Constitution entrusts Panchayats and Municipalities to uphold the principles of social justice and empowerment. They are responsible for the implementation of developmental schemes and programs at the local level. For instance, Gram Panchayats allocate resources and finances and oversee the implementation of various government projects at the village level. Similarly, municipalities are responsible for providing public amenities at the local level. Regular free and fair elections ensure their accountability to the citizens.
In rural areas, the amendments provide for setting up a three-tier structure of elected governments- Gram Panchayat at the village level, Panchayat Samiti at the block level and Zilla Parishad at the district level. They have also introduced the only form of direct democracy in India through the Gram Sabha. The Gram Sabha comprises all adults above the age of 18 years and registered in the electoral rolls of the village(s). It is directly engaged in taking several decisions on beneficiaries and allocation of resources at the village level. The structure and membership of the various tiers of local government bodies differ from one state to another. The powers and resources provided by the state governments also depend on the state Panchayati Raj Acts. The lack of power and resources of Panchayats and Municipalities is often cited as a reason for poor governance and developmental initiatives at the ground level.
In urban areas, the Act provides for setting up three types of bodies depending on the population and size of an area- Municipal Corporation or Nagar Nigam, Municipal Council or Nagar Palika and Municipal Board or Nagar Panchayat.
The acts also made it Constitutionally mandatory to hold regular elections to these bodies every five years. Moreover, by providing for reservation of elected seats for scheduled castes, scheduled tribes and women it aims to promote inclusive governance at the local level.
Constraints to independent functioning and regular elections
While the provisions of the 73rd and 74th Amendment Acts are implemented on paper, these do not translate into a democratic system of governance in reality. it. State governments and bureaucratic structures at the district level have encroached upon the powers and functions of local bodies. There are several constraints on their functioning as a result of limited access to independent finances, poor manpower and delayed/unfair elections. Regular free and fair elections, needed to ensure accountability and representativeness, are often marred with several controversies.
Election Fraud
Electoral malpractices have emerged as inherent malice in the electoral process of India. From the purchase of votes, excessive election spending to booth capturing and rigging, various methods are adopted by candidates and political parties in elections at all levels. During the Uttar Pradesh Panchayat elections in early 2021, several opposition parties alleged applications of their candidates were rejected without sufficient reason. Several runner up candidates also cast allegations of voter list fraud, issuance of fake voter IDs and false declaration of winners. In one case, an Additional returning officer (ARO) was booked for cheating, forgery and fraud for falsely giving victory certificates to the candidates who lost in the Panchayat Election.
During the West Bengal Panchayat Elections in 2018, several instances of violence were reported from several districts in the state. At least four people were killed in violent incidents amidst allegations of booth capturing and other strong-arm tactics to intimidate voters. Taking cognisance of the large number of seats going uncontested, the Supreme Court of India observed that the elections were marred with malpractices.
Delay in Holding Elections
Even though it is constitutionally mandated, very few states hold elections for local bodies every five years. Interference by incumbent governments in the electoral process is the most common reason for delays in holding local body elections. The Constitution provides that each state shall set up a State Election Commission as an independent body, responsible to hold free and fair elections in Panchayats and Municipalities. However, appointments to the positions of election commissioners are often delayed. Successive governments have also tried to appoint politically favourable candidates as ECs.
Changes in boundaries of electoral constituencies and/or merging of villages/wards have also led to delay in local elections in some states. In August 2021, the Andhra Pradesh High Court was hearing petitions challenging the state government’s step to merge villages in urban local bodies by amending the Municipal Act. Several petitions have been filed challenging the amendment owing to which elections had to be cancelled in 30 municipalities and Nagar Panchayats.
In Madhya Pradesh, the local body elections have been delayed by more than two years. In line with the 74th Amendment Act, the Madhya Pradesh Nagar Palika Nigam Act, 1965, provides that elections to municipal bodies must be held six months before the term of the current body ends. In most cases, the term of the bodies ended in December 2019. A petition was filed in March 2021 with the High Court, challenging the reservation for SCs, STs, OBCs and women; the Court stayed the elections till these doubts were resolved. In a breach of democratic principles of local governance, the state government has entrusted the functions of the Mayor to divisional commissioners. In Nagar Palikas, the functions of chairpersons have been entrusted to district collectors.
The delay in elections often has political undertones. The opposition Congress has alleged that the government is using the pandemic as a cover to defer the elections as a combination of factors, including rural discontent against the Bharatiya Janata Party (BJP) and skyrocketing prices, are not favourable to it.
In another instance, on June 1, 2021, the Bihar cabinet amended certain provisions of the Bihar Panchayati Raj Act 2006. The amendments empower the state government to set up advisory committees to run three-tier rural local bodies beyond the expiry of their five-year term until fresh elections are held. Owing to the COVID-19 pandemic, the elections to the local bodies in the state have been delayed and the term of elected functionaries at various tiers was slated to end mid-June.
When the 73rd and 74th Amendment Acts were passed, several states and bureaucratic bodies objected to them stating that it would infringe on their Constitutional powers and authority. Most state governments and bureaucracies saw local bodies as infringing on their power to collect finances and implement schemes. Even today, Panchayati Raj bodies and Municipalities do not function as independent institutions of local self-government and are rarely allocated sufficient resources to implement schemes and programs they are mandated to.
The law provides for states to entrust Panchayats and Municipalities with power, functions and resources in respect of all the items listed in the Eleventh and Twelfth Schedule of the Constitution respectively. However, interference by the states in the form of limited resources and curtailed authority hinders the effective functioning of local bodies.
Damini Mehta /New Delhi
With inputs from Animesh Gadre and Kashish Babbar, Interns at Polstrat.
From Polstrat, a non-partisan political consultancy which aims to shift the narrative of political discourse in the country from a problem-centric to a solutions-oriented approach.
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