Fiscal Prudence: Delaying Local Body Elections Is Against Constitution
Thirty-two years ago, the 73rd amendment to the Constitution, called the Panchayati Raj Bill, came into force on April 24. Two months later, on June 1, the 74th amendment, called the Nagar Palika Bill also came into force. Together these two landmark bills were to ensure true democratic decentralisation. People would have the power to elect their representatives at the third tier of government, namely village councils, i.e., panchayats and city councils, i.e., municipal corporations. The decentralisation was to happen by devolution of powers, i.e., transfer of funds, functions and functionaries. For all citizens, the immediate and most relevant interface with government is the local government, whose job is to provide water and sanitation, roads and traffic management, garbage disposal, running of government schools, health clinics and services like birth and death certificates and land transfers. There is a well-defined list of functions described in the eleventh and twelfth schedules to the Constitution, which came as part of the amendments. The panchayats were to be devolved with 29 functions and the municipal councils with 18 functions. These functions need the appointment of proper functionaries, which in turn require funds.
Even after three decades, the status of decentralisation of genuine power and functions is distressingly low. The writ of the state government is large on the running of municipalities and panchayats. Most significantly, the two important institutions of the State Election Commission (SEC) and State Finance Commission (SFC), in many states, are ineffectual. The recommendations of the SFC about the transfer of funds are more in breach, and there is no penalty. The elections to local bodies are delayed, and sometimes........
© Free Press Journal
