State Government and Local Self Government

Introduction to State Government

The Indian Constitution is a federal constitution, meaning power is divided between the Union (Central) government and the State governments. This division of powers ensures that each level of government can function effectively within its defined jurisdiction. The State government plays a crucial role in implementing policies and laws that directly affect the daily lives of citizens within a state. It is responsible for a wide range of subjects, including public order, agriculture, health, education, and local governance.

The structure of a State government is largely based on the parliamentary system, mirroring the Union government. This means there is a clear distinction between the executive and legislative branches, with the executive being accountable to the legislature. Each state in India has its own governor, chief minister, council of ministers, and a state legislature. The functioning and powers of these bodies are outlined in the Constitution of India, primarily in Part VI.

The Governor

The Governor is the constitutional head of a state and acts as the representative of the President of India. While the Governor is the titular head, the real executive powers are exercised by the Chief Minister and the Council of Ministers. The Governor is appointed by the President and holds office during the pleasure of the President.

Powers and Functions of the Governor:

• Executive Powers: Appoints the Chief Minister and other ministers, allocates portfolios, can dismiss ministers, appoints Advocate General, Chairman and members of the State Public Service Commission, Chief Election Commissioner of the State, and judges of the High Court (in consultation with the President). The Governor also summons, prorogues, and dissolves the State Legislative Assembly.
• Legislative Powers: Can address the State Legislative Assembly at the commencement of the first session each year, can send messages to the Assembly, can reserve a bill passed by the State Legislature for the consideration of the President, can promulgate Ordinances when the State Legislature is not in session, and can nominate members to the Legislative Council (if it exists).
• Financial Powers: No Money Bill can be introduced in the State Legislative Assembly without the Governor's recommendation. The Governor lays the State Annual Financial Statement before the Assembly and can make advances from the Contingency Fund of the State.
• Judicial Powers: Has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.

The Governor acts on the aid and advice of the Council of Ministers, headed by the Chief Minister. However, in certain matters, the Governor can act in their discretion, such as when recommending President's Rule or when exercising powers as the administrator of an adjoining Union Territory.

The Chief Minister and the Council of Ministers

The Chief Minister (CM) is the executive head of the state government. The Governor appoints the Chief Minister, who is usually the leader of the majority party or coalition in the State Legislative Assembly. The CM, in turn, recommends the appointment of other ministers to the Governor. The Council of Ministers is collectively responsible to the State Legislative Assembly.

Powers and Functions of the Chief Minister:

• Leader of the Council of Ministers: The CM selects and dismisses ministers, allocates and reshuffles portfolios, presides over the meetings of the Council of Ministers, and can ask any minister to resign.
• Link Between Governor and Council of Ministers: The CM is the principal channel of communication between the Governor and the Council of Ministers.
• Leader of the State: The CM represents the state in many capacities and is the chief spokesperson of the state government.
• Role in Policy Making: The CM plays a crucial role in policy formulation and implementation.
• Leader of the Legislative Assembly: The CM leads the ruling party in the Assembly and ensures the smooth functioning of the government.

The Council of Ministers is the real executive authority. It consists of ministers who are assigned different portfolios or departments. The Council works on the principle of collective responsibility, meaning all ministers are accountable to the Legislative Assembly for the actions of the government. If a no-confidence motion is passed against the Council of Ministers, the entire ministry must resign.

The State Legislature

The State Legislature is the legislative body of a state. It is responsible for making laws for the state. Most states in India have a unicameral legislature, meaning they have only one house, the Legislative Assembly. However, some states have a bicameral legislature, which includes both a Legislative Assembly (Vidhan Sabha) and a Legislative Council (Vidhan Parishad).

Legislative Assembly (Vidhan Sabha):

• Members are directly elected by the people on the basis of adult suffrage.
• The term of the Legislative Assembly is five years, but it can be dissolved earlier by the Governor.
• It is the lower house, analogous to the Lok Sabha at the Union level.

Legislative Council (Vidhan Parishad):

• It is a permanent body, not subject to dissolution, but one-third of its members retire every second year.
• Members are indirectly elected and nominated. The composition varies, but typically includes members elected by Members of the Legislative Assembly, graduates, teachers, and members elected from the local authorities' constituency, along with nominated members by the Governor.
• It is the upper house, analogous to the Rajya Sabha at the Union level. Its existence is optional, and it can be abolished or created by Parliament based on a resolution passed by the Legislative Assembly of the concerned state.

Powers and Functions of the State Legislature:

• Legislative Powers: Enacting laws on subjects listed in the State List and the Concurrent List of the Seventh Schedule of the Constitution.
• Financial Powers: Controlling the state's finances, including the power to approve the state budget and levy taxes.
• Control over the Executive: The legislature exercises control over the Council of Ministers through questions, discussions, adjournment motions, and no-confidence motions.
• Constitutional Amendment Powers: Certain amendments to the Constitution require ratification by the State Legislatures.

Introduction to Local Self Government

Local Self Government refers to the system of governance at the local level, which is closer to the people. It empowers citizens to participate directly in the decision-making processes that affect their immediate surroundings. The concept aims to decentralize power and administration, making governance more responsive and accountable to local needs. In India, Local Self Government institutions are primarily found in two forms: Urban Local Bodies and Rural Local Bodies.

The 73rd and 74th Constitutional Amendments of 1992 were landmark legislations that constitutionalized and strengthened Local Self Government in India. These amendments aimed to provide a constitutional status to Panchayati Raj Institutions (PRIs) in rural areas and Municipalities in urban areas, making them the 'third tier' of government.

Rural Local Self Government: Panchayati Raj Institutions (PRIs)

Panchayati Raj is a system of rural local self-government in India. It is designed to empower villagers to participate in their own governance. The system is based on the principle of democratic decentralization and aims to bring governance closer to the people.

The 73rd Amendment Act, 1992, which came into effect on April 24, 1993, added Part IX to the Constitution, titled 'The Panchayats', and also added the Eleventh Schedule, which contains 29 functional items of Panchayats. This amendment made the Panchayati Raj system a constitutional reality.

Structure of Panchayati Raj (as per the 73rd Amendment):

The Act mandates a uniform three-tier system of Panchayats at the village, intermediate (block), and district levels in all states and union territories with a population exceeding 20 lakh.

• Gram Panchayat (Village Level): This is the base unit. It comprises the Gram Sabha (all adult residents of the village) and a body of elected members. The Gram Panchayat is responsible for the local administration of the village, including sanitation, water supply, primary education, and maintaining village roads.
• Panchayat Samiti (Intermediate Level): This tier exists in states with a population of 20 lakh or more. It acts as the link between the Gram Panchayat and the Zila Parishad. It oversees the development activities in a block. Its members are elected indirectly from the Gram Panchayats within the block.
• Zila Parishad (District Level): This is the apex body of the Panchayati Raj system at the district level. It supervises the work of the Panchayat Samitis and the Gram Panchayats. Its members are elected indirectly from the Panchayat Samitis and also include MPs and MLAs from the district.

Key Features of the 73rd Amendment Act:

• Uniformity: Mandates a three-tier system for all states (except those with population below 20 lakh).
• Elections: Regular elections to Panchayats are to be held every five years. A State Election Commission is established for this purpose.
• Reservation: Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women (at least one-third) in the Panchayats at all three tiers.
• Powers and Functions: The State Legislatures are empowered to endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government. The Eleventh Schedule lists 29 subjects that can be transferred to the Panchayats.
• Finance: A State Finance Commission is to be constituted every five years to review the financial position of the Panchayats and recommend measures for strengthening their finances.

While the 73rd Amendment provides a framework, the actual implementation and the powers devolved to Panchayats vary from state to state. Some states have adopted a two-tier system (e.g., Jammu & Kashmir, Nagaland, Meghalaya, Mizoram) or have not fully devolved powers.

Urban Local Self Government: Municipalities

Urban Local Bodies are responsible for the administration of towns and cities. The 74th Constitutional Amendment Act, 1992, which came into effect on June 1, 1993, provided a constitutional status to these bodies. It added Part IX-A to the Constitution, titled 'The Municipalities', and also added the Twelfth Schedule, which contains 18 functional items of the Municipalities.

Types of Urban Local Bodies:

The type of urban local body depends on the size and population of the urban area. The 74th Amendment provides for the constitution of three types of Municipalities:

• Nagar Panchayat: For a transitional area (a village which is fast changing into a town, or an area which has urban characteristics).
• Municipal Council (Nagar Palika): For a smaller urban area.
• Municipal Corporation (Mahanagar Palika): For a larger urban area.

There are also other types of urban bodies like Cantonment Boards, Port Trusts, and Township bodies, which are established by separate Acts of Parliament or State Legislatures.

Key Features of the 74th Amendment Act:

• Wards Committees: For urban areas having a population of three lakh or more, Wards Committees are to be constituted to provide a more localized governance structure within the municipality.
• Elections: Regular elections to Municipalities are to be held every five years, managed by a State Election Commission.
• Reservation: Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women (at least one-third) in the Municipalities.
• Powers and Functions: The State Legislatures are empowered to endow the Municipalities with such powers and authority as may be necessary to function as institutions of self-government. The Twelfth Schedule lists 18 subjects that can be entrusted to Municipalities.
• Finance: A State Finance Commission is to be constituted every five years to review the financial position of the Municipalities and recommend measures for strengthening their finances.

Functions of Municipalities:

The functions of Municipalities include providing civic amenities and undertaking development activities. These typically include:

• Water supply and sewerage
• Public health, sanitation, conservancy, and solid waste management
• Urban planning and town planning
• Regulation of land use and construction of buildings
• Roads, bridges, public conveniences
• Street lighting
• Public amenities like parks and playgrounds
• Slum improvement and upgradation
• Fire services

Challenges and Importance of Local Self Government

Despite constitutional backing, Local Self Government institutions face numerous challenges. These include:

• Financial Dependence: Many local bodies are heavily dependent on grants from state and central governments, limiting their autonomy.
• Lack of Powers: In many states, crucial powers and functions have not been effectively devolved to the local bodies.
• Bureaucratic Interference: Local bodies often face interference from state government officials and bureaucracy.
• Capacity Building: Elected representatives and staff at the local level often lack the necessary training and capacity to manage their responsibilities effectively.
• Political Interference: Local governance can be hampered by partisan politics and vested interests.

However, the importance of Local Self Government cannot be overstated. It is crucial for:

• Democratic Decentralization: It brings governance closer to the people, fostering participatory democracy.
• Citizen Participation: It provides a platform for citizens to voice their concerns and participate in local development.
• Efficient Service Delivery: Local bodies, being closer to the people, can often deliver services more efficiently and effectively.
• Local Development: They are instrumental in planning and implementing local development projects tailored to specific needs.
• Empowerment of Marginalized Sections: Reservation for women, SCs, and STs ensures representation and empowerment of disadvantaged groups.

Relationship between State Government and Local Self Government

The State Government plays a pivotal role in the functioning of Local Self Government institutions. It is responsible for:

• Enacting Legislation: State Legislatures enact laws that establish and govern the structure, powers, functions, and procedures of Panchayats and Municipalities.
• Devolving Powers and Functions: While the Constitution mandates devolution, the specifics are decided by the State Governments, who decide which subjects from the State List and Concurrent List are transferred to local bodies.
• Financial Assistance: State Governments provide financial assistance through grants-in-aid and share certain taxes with local bodies. The State Finance Commission's recommendations are crucial here.
• Oversight and Supervision: State governments exercise a degree of oversight over the functioning of local bodies, although this should not amount to excessive interference.
• Capacity Building: State governments are expected to support capacity building initiatives for elected officials and staff of local bodies.

The relationship is intended to be one of partnership and support, enabling local bodies to function effectively as institutions of self-government. However, the balance of power can sometimes lead to tensions, with local bodies often seeking greater autonomy and resources from the state government.