4. Local Self Government- Concept & Importance

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    Government

    in its functioning can be classified into

    National, State and Local.

    The Administration of a small community ( Village, Town, city) by a body

    representing the local inhabitants, possessing a fairly large amount ofautonomy, raising a part of its revenues through local taxation and

    spending the proceeds on services

    is called

    Local Self Government.

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    Local Self Government can be Established

    With extensive powers to act in any way thy like for the

    betterment of the community unless restricted by law inany sphere of activity.

    With powers that cannot go beyond some specific functions

    defined for them in various Acts & Statutes.

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    Local Self Government

    The Government of the village will be conducted by the Panchayat of five persons,elected by the adult villagers, male and female, possessing minimum prescribed

    qualifications. These will have all the authority and jurisdiction required. ThisPanchayat will be the legislature, judiciary and executive combined to operate forits years of office.. The law governing every villager is that he will suffer deathin the defense of his and his village's honour..... To model such a village may bethe work of a lifetime. Any lover of true democracy and village life can take up avillage, treat it as his world and sole work, and he will find good results.

    MAHATMA GANDHI

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    Features of Local Self Governance

    1. Participation: All men and women have a voice in decisionmaking.

    2. Rule of Law: Legal frameworks are fair and enforce impartially.

    3. Transparency: There is free flow of information for ensuringtransparency and monitoring of all processes and Institutions.

    4. Responsibility: Institutions and processes serve all stakeholders.

    5. Consensus Orientation: Consensus is the hallmark of allActivities, Policies & Procedures.

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    Equity : All men and women have opportunities to improve or

    maintain their well being.

    Effectiveness and Efficiency: Processes and Institutions produce

    results that make the best use of resources.

    Accountability: Decisions makers are accountable to the public at

    large.

    Strategic Vision: Leaders have a broad and long term perspective onall issues along with a sense of how to achieve them. There

    is an understanding of the Institutional, Cultural & Social

    complexities in which these perspectives are grounded.

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    DEMOCRATIC DECENTRALIZATION Constitutional Provision: Directive Principles of State Policy- Art. 40.

    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 ofLocal Self Government.

    73rd and 74th Amendments of the Constitution:

    Seek to create an institutional framework for ushering in grass roots democracythrough the medium of governance by self governing local bodies in both urbanand rural areas of the country.

    Panchayati Raj System

    as

    Local Self Government

    in

    Rural India.

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    Principles of Local Self Governance

    1. Subsidiarity: Definition: A principle that a central authority should have a subsidiary function, performingonly those tasks which cannot be performed at a more local level. (Oxford Dictionary)

    Stipulates:a) functions shall be carried out closest to citizens at the smallest unit ofgovernance possible and delegated upwards only when the local unit cannotperform the task.

    b) The functions they cannot perform shall be delegated from the smallest tiers tolarger tiers ( Local Govt to State Govt to Central Govt.)

    Advantages:a) Local decision making , improves efficiency, promotes self reliance, encouragescompetition & nurtures innovations.

    b) Greater ownership of programmes and practices by the local communities.

    c) Once decision making is taking place at local level, people appreciate that hard choicesneed to be made. This promotes greater responsibility , enlightened citizenship and maturingof democracy.

    d) Subsidiarity emerges as the over reaching principle in restructuring governance.

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    2. Devolution: (Decentralization of authority to take decisions )

    Advantages:

    Developing a link in citizens mind between votes and the consequences in terms of thepublic good it promotes.

    Promoting fiscal responsibility by way of developing a link between resources

    generation and outcomes in the form of better services.

    Marginalizing asymmetry of power and balances in the exercise of power.

    Shifting locus of power close to the citizen in order to facilitate direct participation,constant vigil and timely intervention.

    Harnessing human potential, preventing avoidable human suffering, ensuring humandignity, access to speedy justice and opportunities.

    Realizing rapid socio-economic development.

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    3. Delineation of Functions:

    In a federal democracy, roles and responsibilities of various tiers ofGovernment need to be clearly defined.

    Seventh Schedule: Central, State & Concurrent List.

    Local Government functions not defined as they are part of the Statefunctions.

    Need for clear functional delineation among various tiers of local

    government.

    Guidelines for devolution of Functions, Funds & Functionaries (3Fs)through Activity Mapping.

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    4. Convergence:

    Isolated functioning of government agencies complicates citizens life.

    Governance when brought closer to people yields convergence.

    5. Citizen Centricity:

    Citizen is the heart of a democratic system.

    Local Government to be judged by the satisfaction of citizens and the directempowerment of people.

    Participation of people in decision making relatively easy at local community level.

    Importance of Gram Sabha.

    Gram Sabha as a far more legitimate guardian of public interests.

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    Despite the mandatory constitutional injunctions, it took years, and in somecases a decade, to even constitute local governments and hold elections.

    Even when local governments are constituted and elections are held, Statesoften postponed the subsequent elections on some pretext or other.

    There has been no evolution in respect of democratic decentralization.

    State Governments, legislators and civil servants are in general reluctant to

    empower local governments. Only the bare minimum required toimplement the letter of the Constitution prevails in many States. What isimplied by the spirit of the Constitution and principles of democracy is oftenignored.

    Status of Local Self Government in India

    (2nd Administrative Reforms Commission)

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    Where the Panchayats have been constituted and elections held regularly,they are still left at the mercy of State Legislatures and State Executive.

    The Union and State Governments have an established tradition of

    centralization for nearly four decades, means that strong vested interests havedeveloped over time disallowing devolution of power.

    Some legislators act as executives, intervening in transfers and postings,sanctioning of local bodies contracts and tenders, crime investigation andprosecution - all of which are therefore often at the mercy of the local legislator.

    Given the compulsions of survival, the State Government which depends onthe goodwill and support of legislators, does not usually intervene except wherethe Constitution specifically and unambiguously directs it.

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    Thank You