Roadmap for Answering the Question:
1. Introduction
- Briefly introduce the significance of the 73rd and 74th Constitutional Amendment Acts, enacted in 1993.
- Mention their objective: to empower local government bodies and establish a framework for decentralized governance.
2. Transfer of Powers under the 73rd and 74th Constitutional Amendment Acts
- A. Three-Tier Structure
- Explain the mandated structure of Panchayati Raj Institutions (PRIs) at village, intermediate, and district levels, along with Urban Local Bodies (ULBs).
- Mention the creation of Gram Sabhas composed of all registered voters in the Panchayati area.
- Fact: Panchayat system is defined under Article 243 of the Constitution, emphasizing local self-governance (Source: The Constitution of India).
- B. Devolution of Functions
- Detail the 11th and 12th Schedules, which specify the subjects pertaining to PRIs (29 subjects) and ULBs (18 subjects).
- Fact: The specific subjects enhance the functional autonomy of local bodies (Source: The Constitution of India, 73rd and 74th amendments).
- C. Elections and Autonomy
- Discuss the establishment of the State Election Commission to conduct regular elections for local bodies every five years.
- Fact: The autonomy of local bodies is reinforced by dedicated election bodies (Source: State Election Commission reports).
- D. Financial Devolution
- Describe the role of the State Finance Commission (SFC) and the powers granted to local bodies to levy taxes and receive grants.
- Fact: The SFC is established every five years to assess financial status (Source: Finance Commission reports).
3. Evaluation of the Devolution Process
- A. Ambiguity and Bureaucracy
- Discuss the issues related to unclear functional jurisdiction and dependence on state bureaucracy for operational approvals.
- Fact: Many local officials report limited autonomy in decision-making (Source: Various committee reports).
- B. Lack of Administrative Control
- Highlight the lack of control local bodies have over staff and budgets in sectors assigned to them, such as health.
- Fact: Despite formal transfers, PRIs often lack real authority over key functions (Source: Committee on Panchayati Raj institutions).
- C. Financial Dependency
- Analyze the financial challenges faced by local bodies, including limited revenue-generating capabilities and dependence on state and central grants.
- Fact: Local bodies struggle to meet budget requirements without sufficient financial resources (Source: State Finance Commission reports).
4. Conclusion
- Summarize the key points about the transfer of powers as per the 73rd and 74th Amendments.
- State your opinion on the effectiveness of the devolution process, advocating for reforms to enhance true local governance and participatory democracy.
Relevant Facts with Sources
- Constitutional Provisions: The 73rd and 74th Amendments provided constitutional status to local bodies and established the three-tier system of governance.
- Source: The Constitution of India.
- Subjects for Local Governance: 29 subjects for panchayats and 18 for urban local bodies are specified in the 11th and 12th Schedules.
- Source: The Constitution of India, 73rd and 74th amendments.
- Elections Conducted by State Election Commission: Regular elections every five years enhance democratic practices at the local level.
- Source: Reports from State Election Commissions.
- Financial Structures: The establishment of a State Finance Commission (SFC) every five years to evaluate the finances of local bodies.
- Source: Finance Commission reports.
- Bureaucratic Challenges: Lack of autonomy and the need for state approvals in operational matters hinder local bodies’ effectiveness.
- Source: Various committee reports examining the functioning of PRIs and ULBs.
By following this roadmap, you can structure a comprehensive answer that thoroughly addresses the question while integrating relevant facts and sources to support your arguments.
The 73rd and 74th Constitutional Amendments (1993) gave more power to local governments, allowing villages and cities to manage their own affairs by increasing community involvement , democratic participation and promoting inclusive growth.
Transfer of Powers under the 73rd and 74th Constitutional Amendment Acts –
Evaluation of the Devolution Process –
The 73rd and 74th Amendments devolve powers to local bodies by transferring authority over 29 rural and 18 urban subjects, ensuring democratic decentralization and community participation.The devolution process has shown promise but experts argue it falls short. Reforms are needed to truly empower local governance.
The 73rd and 74th Constitutional Amendment Acts (1992) aimed to decentralize power and strengthen local self-governance in India.
*Transfer of Powers*
*Rural Areas (73rd Amendment)*
1. 29 subjects transferred to Panchayats, including:
1. Agriculture
2. Rural development
3. Health and sanitation
4. Education
5. Social welfare
2. Mandatory devolution of funds (Article 243G)
3. Establishment of State Finance Commissions (Article 243I)
*Urban Areas (74th Amendment)*
1. 18 subjects transferred to Municipalities, including:
1. Urban planning
2. Public health
3. Sanitation
4. Education
5. Social welfare
2. Mandatory devolution of funds (Article 243X)
3. Establishment of State Finance Commissions (Article 243Y)
*Devolution Assessment*
*Satisfactory Aspects*
1. Increased local representation
2. Improved service delivery
3. Enhanced community participation
4. Better resource allocation
*Unsatisfactory Aspects*
1. Inadequate funding
2. Limited institutional capacity
3. Insufficient devolution of powers
4. State government interference
5. Corruption and inefficiency
*Challenges Ahead*
1. Strengthening institutional framework
2. Enhancing financial autonomy
3. Building capacity and skills
4. Ensuring transparency and accountability
5. Addressing inter-governmental conflicts
*Conclusion*
While the 73rd and 74th Amendments marked a significant shift towards decentralization, the devolution process remains incomplete. Addressing the challenges and ensuring effective implementation are crucial for realizing the true potential of local self-governance in India.
*Recommendations*
1. Strengthen State Finance Commissions
2. Enhance funding and resource allocation
3. Build capacity and skills at local levels
4. Ensure transparency and accountability
5. Promote citizen participation and engagement
1993’s 73rd and 74th Amendment Acts have been transformational inasmuch as they provided constitutional status to the bodies of local governments and enshrined the framework for decentralized governance. These attempts were aimed at strengthening the Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs in their endeavor toward effective self-governance in both rural and urban areas.
The amendments provided a three-tiered structure for PRIs—village, intermediate and district levels—and provided Gram Sabhas comprising all enrolled electors in a Panchayati area. Article 243 of the Constitution explains the Panchayat system, and hence goes on to underwrite the principle of local autonomy. Moreover, the 11th and 12th Schedules enumerate 29 and 18 subjects for PRIs and ULBs, respectively, in health, education, and sanitation etcetera, as being of concern to be achieved towards local autonomy.
Regular five-yearly elections to State Election Commissions entrench democratic participation. A State Finance Commission, instituted for every five years, evaluates existing financial resources and enlivens local governments with authority to collect taxes and receive grants.
There are challenges though. Jurisdictional ambiguities and reliance on state bureaucracies partially fetter the efficacy of PRIs. And financially, most of these local bodies lack revenue-generating capability and heavily depend on state and central grants. In sum, though these amendments have provided an appropriate platform for devolution, this process in itself definitely requires further reforms for actual local governance and active participative democracy.
The 73rd and 74th Constitutional Amendment Acts, enacted in 1992, aimed to enhance the decentralization of power in India through the establishment of Panchayati Raj institutions (for rural governance) and Urban Local Bodies (for urban governance). Here’s a brief overview of the transfer of powers under these amendments:
73rd Amendment (Panchayati Raj)
1. Three-Tier System: It established a three-tier system of local governance in rural areas: the Gram Panchayat (village level), the Panchayat Samiti (block level), and the Zila Parishad (district level).
2. Elections: It mandated the regular election of Panchayati Raj institutions, ensuring democratic representation at the grassroots level.
3. Powers and Responsibilities: States are empowered to devolve powers and responsibilities to these institutions concerning the preparation of plans for economic development and social justice.
4. Reservation of Seats: The amendment mandates the reservation of seats for Scheduled Castes, Scheduled Tribes, and women (at least one-third of the total seats) to enhance representation.
74th Amendment (Urban Local Bodies)
1. Municipal Governance: It provided a constitutional status to Urban Local Bodies, creating a framework for municipalities in urban areas.
2. Structure: The amendment allows for different types of urban local bodies based on population size, including Municipal Corporations, Municipal Councils, and Nagar Panchayats.
3. Devolution of Powers: Similar to the 73rd Amendment, it provides for the devolution of powers and responsibilities concerning urban planning, regulation of land use, and public health.
4. Elections and Reservations: Regular elections and reservation for marginalized groups are also stipulated for urban local bodies.
Assessment of Devolution
The process of devolution under these amendments has had mixed results:
Positives:
– Empowerment of Local Governance: There has been a significant increase in local governance structures, leading to more localized decision-making.
– Increased Participation: The amendments have facilitated greater participation of marginalized groups, particularly women and SC/ST communities.
– Capacity Building: Initiatives for capacity building among local representatives have emerged, improving governance.
Challenges:
– State Resistance: Many states have been slow to devolve powers, retaining significant control over local bodies. This undermines the intended autonomy and efficacy of local governance.
– Capacity Issues: Local bodies often lack the financial and administrative capacity to effectively manage their responsibilities.
– Political Interference: Frequent political interference at the state level can hinder the functioning of local bodies, affecting their accountability and effectiveness.
While the 73rd and 74th Amendments marked a significant step toward decentralized governance in India, the process of devolution has been uneven. Factors like state government resistance, inadequate resources, and political interference have hampered the full realization of local governance potential. Therefore, while there have been positive outcomes, the overall effectiveness of devolution remains a work in progress, requiring ongoing reform and commitment at both the state and local levels.
Transfer of Powers under the act of 73rd and 74th Constitutional Amendment Act.
The August 9 witnessed the passing of two very important constitutional amendments by the Parliament of India. In core, the 73rd and 74th Amendment Acts, together known as the constitutional panchayaati raj system, provide for the strengthening of India’s democracy through the establishment of self-governing councils in rural and the urban India. Required to enact the 73rd Amendment first, this act (also known as the Parishad Act) was clearly designed to bring local self-governance to India.
It is important to note that the Panchayati raj established by this amendment was a purely Indian Institution.
Featuring the formation of a three-tiered body – zila council, block council, and gram panchayat – this system helped in granting autonomy and resources to facilitate governance at the level closest to the people. Thus, the three levels of the Panchayati raj were democratic institutions.
Reserving a particular number of seats for Indian women was also a revolutionary step. The Act stipulated that these councils shall remain subordinate to or will receive direction from the state and undertake a vast range of tasks such as coordinating the implementation of programs targeted at women, children and the poor. Importantly, Hassan explains that due to how the concept of panchayati raj operates in India today, it has been affected by the over-centralisation of government due to the centrally directed economic policy the country undertook after 1947. As such, the 74th amendment can be described as the extension of the three-tier panchayati raj to urban units. In general, the goals established by the members of the country’s legislative bodies throughout the course of the twentieth century have largely been met including the expansion of self government to previously ignored villages.
It is my opinion that the process of devolution of powers under the 73rd and 74th Constitutional Amendment Acts has allowed some level of organization to funnel power towards local self governance institutions in a stepwise manner to establish them across India, which has encouraged the resting of power closer to the people first, eliminating the need to drench bureaucracy.
Model Answer
Devolution of Powers under the 73rd and 74th Constitutional Amendment Acts
The 73rd and 74th Constitutional Amendment Acts, enacted in 1993, were pivotal in granting constitutional recognition to local government bodies in India, establishing a framework for decentralized governance through the empowerment of Panchayat Raj Institutions (PRIs) and Urban Local Bodies (ULBs).
Key Features of Devolution
Evaluation of Devolution’s Effectiveness
Despite these provisions, the actual devolution of power remains largely unfulfilled. There is significant ambiguity regarding functional jurisdiction, often left to state legislative discretion. Local bodies are frequently undermined by state bureaucracy, lacking administrative autonomy and control over staff or budgets in sectors like health (Source: Various committee reports).
Additionally, local bodies face inadequate involvement in policy-making for welfare programs and are dependent on state and central financial resources due to insufficient revenue-generating capabilities.
In conclusion, while the 73rd and 74th Constitutional Amendment Acts laid a strong foundation for local governance, the devolution process has not been satisfactory so far. Addressing these challenges is crucial to achieving the desired empowerment of local bodies, which will facilitate participatory democracy and local development.