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Mumbai: Somebody from the stakeholders need to move the Supreme Court of India with the plea that the mandate of the 73rd and 74th Constitutional Amendments granting greater devolution of powers to Local Self Government (LSGs) have not been fulfilled or have been adversely affected by state governments, this was stated by J S Saharia Chairman, International Society for Human Awakening and Development (ISHAD). He said this while addressing a Webinar hosted by ISHAD on “Inadequate Devolution of 3F’s – Functions, Functionaries & Funds To LSGs”.
The former Election Commissioner of State Election Commission of Maharashtra (SECM) stated that the 73rd and 74th constitutional amendments have granted greater administrative and financial powers to LSGs, but has left it to the state governments to devolve those powers to the LSGs. Saharia said that state governments have been reluctant to devolve those powers and also the LSGs themselves have not pressed for it.
Most of the participants in the Webinar were unanimous in the view that the SECMs should bring out informative booklets about the powers and functions of the LSGs, so that not only the people are well informed, but also the elected representatives in LSGs are better informed about their rights. There was also unanimity in ensuring accountability and transparency in administration in LSGs.
Dr M Govinda Rao, Adviser, Center for Public Policy, Indian Institute of Management, Bengaluru argued that political and fiscal devolution of power to LSGs needs to go hand-in-hand. Commenting upon the 73rd and 74th constitutional amendments, he said that the lawmakers have found out one-fits all solution to ensure that devolution of powers to the third tier of governance takes place, which has never happened. He called it a birth defect of the constitutional amendment done 30 years ago in 1991.
The Public Policy expert remarked that the state governments bemoan that the center does not devolve more finances to the states. But it should be the LSGs who should be complaining that the state governments do not want to do it. He said that the powers are not devolved beyond Zilla Parishad level, simply because the local Member of Parliament or Member of Legislative Assembly does not like somebody growing bigger and more influential than him, and eventually challenging him in the long run.
Rao further added that the constitution also provides for setting up of State Finance Commission’s (SFC) by the Governor of the state. In very few states they have appointed the sixth SFC, most states have not gone beyond the third SFC. He added that very few people remember the name of the city Mayor, while most remember the name of the Municipal Commissioner who happens to be the real face of the civic administration.
Dr Ajit Ranade, Co-founder of Association for Democratic Reform (ADR) stated that there has been asymmetric devolution of powers and finances between the Center and the state governments. He argued that in most western countries the LSGs do have powers to levy taxes so that they can fund their social obligations like providing drinking water, better roads, street lighting etc. Ranade disclosed that after the 9/11 terror attack on the World Trade Center in New York, the visible face in the media and public was the then mayor of New York city, Rudy Giuliani.
He lamented that most of the media and public attention is paid to Lok Sabha and Assembly elections and very little towards Gram Panchayat elections. He said that until recently Gram Panchayat elections were not contested on party symbols. However, a dangerous trend is now emerging where the Panchayats are being offered huge sums of money if the election is held unopposed, a sort of auction of gram Panchayats.
Policy expert Naresh Saxena stated that while some LSGs in Western Maharashtra may be doing well, the LSGs in Punjab, Uttar Pradesh and Haryana hardly function. He added that while voting in Panchayat Samiti elections is 100%, when Gram Sabha is held hardly 10 people attend the meeting. Dr M Govinda Rao stated that many times the Mayor and the elected representatives themselves do not know the real power they wield. Naresh Saxena bitterly criticized the administrative patronage given to Members of Parliament and MLAs rather than the Panchayat Samiti members.
