Explain the features of Local Self Government as envisaged under the Constitution of India?

The concept of local self-government is in furtherance of Article 40 of the Constitution which says that the State shall take steps to organize Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Moreover, this concept is not limited with only villages rather to cities also. In this respect, it is important to note that the 73rd and 74th Constitutional Amendments were passed by Parliament in December, 1992.

Through these amendments local self-governance was introduced in rural and urban India. The Acts came into force as the Constitution (73rd Amendment) Act, 1992 on April 24, 1993 and the Constitution (74th Amendment) Act, 1992 on June 1, 1993.

These amendments added two new parts to the Constitution, namely, 73rd Amendment added Part IX titled “The Panchayats” and 74th Amendment added Part IXA titled “The Municipalities”. The Local bodies-‘Panchayats’ and ‘Municipalities’ came under Part IX and IXA of the Constitution after 43 years of India becoming a republic.

Article 3 of European Charter of Local Self-Government-Strasbourg 15 X 1985 says:

1. Local Self Government denotes the right and the ability of local authorities, within the limits of law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population.

2. This right shall be exercised by Councils or assemblies composed of members freely elected by secret ballot on the basis of direct equal universal suffrage, and which may possess executive organs responsible to them This provision shall in no way affect recourse to assemblies of citizens referendums or any other form of direct citizen participation where it is permitted by statute.

Andhra High Court in Ranga Reddy District Sarpanches v. Government of A.P., 2004 (2) ALD 1 said that an overview of local self-Government may set the perspective. The statutory pattern of municipal Government is substantially the same all over the country.

The relevant legislation fabricates these local bodies, invests them with corporate personality, breathes life into them, charges them with welfare functions, some obligatory, some optional, and regulates their composition through elected representatives.

It provides for their finances by fees and taxes and heavily controls their self-Government status through a department of the State Government in various ways, including direction and correction, sanction and supersession. Consequentially the law clothes the State Government with considerable powers over almost every aspect of municipal working.

Local self-Government, realistically speaking, is a simulacrum of Article 40 and democratically speaking a half-hearted euphemism; for in substance, these elected species are talking phantoms with a hierarchy of state officials hobbling their locomotion.

Their exercises are strictly overseen by the State Government, their resources are precariously dependent on the grace of the latter, and their functions are fulfilled through a Chief Executive appointed by the State Government.

Floor-level democracy in India is a devalued rupee, Article 40 and the evocative opening words of the Constitution notwithstanding. Grassroots never sprout until decentralization becomes a fighting creed, not a pious chant.

Panchayats and Municipalities are the institutions of self-government.

Salient Features of the local self-government are as under:

i. Basic units of democratic system-Gram Sabhas (villages) and Ward Committees (Municipalities) comprising all the adult members registered as voters.

ii. Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).

iii. Seats at all levels to be filled by direct elections [Article 243C (2)].

iv. Seats reserved for Scheduled Castes and Scheduled Tribes and chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.

v. One-third of the total number of seats to be reserved for women. One third of the seats reserved for SCs and STs also reserved for women.

vi. One-third offices of chairpersons at all levels reserved for women (Article 243D).

vii. Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term. In the event of dissolution, elections compulsorily within six months (Article 243E).

viii. Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).

ix. Panchayats to prepare plans for economic development and social justice in respect of subjects as devolved by law to the various levels of Panchayats including the subjects as illustrated in Eleventh Schedule (Article 243G).

x. 74th Constitution Amendment provides for a District Planning Committee to consolidate the plans prepared by Panchayats and Municipalities (Article 243ZD).

xi. Budgetary allocation from State Governments, share of revenue of certain taxes, collection and retention of the revenue it raises, Central Government programmes and grants, Union Finance Commission grants (Article 243H).

xii. Establish a Finance Commission in each State to determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 2431).

Further, the Courts are barred from interfering in electoral matters such as the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies. No election to any Panchayat can be called in question except by an election petition as provided under any law made by the Legislature of a State.