Government Schemes
3 decades ago, in 1992, the Constitution 73rd
(on panchayat Raj) and 74th amendment Acts (on Nagarpalika or urban local
bodies) were enacted.
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These amendments were to give expression to Article forty of
the Constitution that enshrines one among the Directive Principles of State
Policy, which needs the State to take steps to organise the village panchayats
and endow them with such powers and authority as could also be necessary to
enable them to function as units of self government.
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Historical Background India has a long history
of ‘democratic’ institutions from ancient times.
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Marked by shared sovereignty, the separation
of power and authority left the villages to a great extent to function as
self-governing village republics.
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REGULATING ACT OF 1773
The earliest efforts in municipal Government in India were made in the
Presidency towns of Madras, Calcutta and Bombay.
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In 1687, an order of
the Court of Directors directed the formation of a Corporation of European and
Indian members of the city of Madras.
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However, the
Corporation did not survive.
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Under the Regulating
Act of 1773 the Governor-General nominated the servants of the Company and
other British inhabitants, to be the Justice of Peace, to appoint for the
cleaning and repairing of the
street of calcutta, Madras and Mumbai.
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In the year 1817 and
1830, sporadic attempts were made in Madras and Calcutta to undertake works
paid out of the lottery funds and much was done with this money in laying out
these towns.
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In1840, an Act widened and in the year 1841 an Act was passed
for Madras.
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These Act widened the
purpose for which the municipal assessment was to be utilized.
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The inhabitants of the
towns were given control over the assessment and collection of taxes. There was
no response from the public.
·
Charles T. Metcalfe, the acting Governor-General of India in the year
(1835-38) recorded that “The village communities are very little republics,
having nearly everything that theyll want within themselves.
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Dynasty after dynasty
tumbles down. Revolution succeeds to revolution.
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but the village
communities remain the same.
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This union of the village communities, every one forming a
separate little state in itself, has contributed more than any other cause to
the preservation of the peoples of India.”
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MAYO’S RESOLUTION OF 1870 It was only after
1870 that real progress was made in direction of local-self government.
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Lord Mayo’s government in their Resolution of
1870 dealing with decentralization of finance, referred to the necessity of
talking further steps to bring local interests and supervision to bear on the management of funds devoted to
the education, sanitation, public works, etc.
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• New municipal Acts were passed in
the various provinces between the year 1871 and 1874.
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The Acts extended the
elective principle.
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The results of the policy of 1870 were
described in the Resolution of the Local self-government, 1882, thus
considerable progress had been made since 1870.
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A large income from the local rates and the cesses had been
secured, and some provinces the management of the income had been freely
entrusted to local bodies.
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• RIPON’S RESOLUTION OF 1881 the next step was taken
throughout the tenure of Lord Ripon who has been rightly known as the father of
local self-government in India.
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His resolution on Local Self-government is a
great landmark in the growth of Local Self-government in the country.
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after pointing out the beneficial effects on the local
finance of the resolution of the year 1870, the resolution of 1881 stated that
the Governor-General of India thought time had come when
further steps should be taken to develop the idea of Lord Mayo’s Government.
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It was asserted that
agreements with the provincial Government regarding finance should not ignore
the question of Local Self-revenues to the local bodies.
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RESOLUTION OF 1882 In
this Resolution of Lord Ripon took special pains to make it clear that the
expansion of the system of Local Self-government.
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Would not bring about a
change for the better from the point of view of efficiency in municipal
administration.
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Lord Ripon’s resolution enunciated the
following principles which were henceforth to inform and guide local government
in India:
1. local bodies should have mostly elected
non-governmental members and chairman.
2. The
state control over local bodies should be indirect rather than direct.
3. These bodies must be endowed with adequate
financial resources to carry out their functions.
4. local government personnel should operate under
the administrative control of the local bodies.
5. The
government personnel who are deputed to the local government must be treated as
employees of the local government and subject to government its control.
6. The
resolution of 1882 should be interpreted by the provincial government according
to the local conditions prevalent in provinces. Another significant stage in
the history 0f local government was the publication in 1909 of the report of
Royal commission upon Decentralization, set up in 1906. It made the following
principal recommendations:
I.
The village should be
regarded as the basic unit of local self-government institutions and every
village should be constituted in urban areas.
II.
There should be a substantial majority of
elected members in the local bodies.
III.
The municipality should elect its own
president, but the district collector should continue to be the president of
the district local board.
IV.
Municipalities should
be given the necessary authority to determine the taxes and to prepare their
budgets after keeping a minimum reserve fund. The government should give grants
for public works like water-supply, drainage scheme, etc.
V.
the bigger cities should
have the services of full-time nominated officer.
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Local bodies should
enjoy full control over their employee’s subject, of course to certain
safe-guards for the security of services.
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INDIA ISSUED THE
RESOLUTION RE-AFFMING 1918 In 1918 the object of self government is to train
the people in the management of their own local affairs and the political education of this kind must in the main
take precedence over consideration of departmental efficiency.
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• It follows from this that local bodies should be as
representative as possible of the people whose affairs theyre known as upon to
administer, that their authority in the matter
entrusted should be real and not nominal and that they should not be subjected
to unnecessary control, should learn mistakes and profiting bt them.
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The resolution
contained the following:
1. Panchayats
should be levied in the villages.
2. local
bodies should contain a large elective majority.
3. local
government should be made broad-based by suitably extending the franchise.
4. The president of the local body should be a
member of the public and elected, rather than nominated.
5. Local should be allowed freedom in the
preparation of the budget, the imposition of taxes and sanction of works.
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The govt. OF India ACT OF 1935 The diarchic system of
government at the provincial level was replaced by provincial autonomy.
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The national movement
for independence was also reaching new proportions.
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With the growing strength of the national
movement in India ceased to be a mere experimental station of self-government.
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The central provinces set up on enquiry
committee in 1935, the united provinces in 1938, and Bombay in 1939.
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Although the recommendations of the municipal
enquiry committees were unevently carried out in various provinces, there was a
definite trend towards democratization of local government by further lowering
of the franchise and abolition of system of
nominations, and secondly by the separation of deliberative functions from govt
ones. after Independence: panchayat raj didnt find a place in the draft
Constitution.
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As a result of the efforts of M.K. Gandhi,
Article 40 was inserted in the Directive Principles of State Policy of the
Constitution and thus, was left for the future governments to deal with.
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After the 1950’s, many
states created a new three-tier system or a two tier system of local
governance, but they all faced neglect.
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Numerous official
committees examined the issue of effective rural governance.
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The BalwantRai Mehta
Committee (1957) recommended the transfer of decisionmaking powers from the
state to the village panchayats.
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The National
Development Council (1958) wanted democracy to be extended to the grassroots
and people’s participation in all governmental processes and development.
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The Ashok Mehta
Committee (1977) proposed a two-tier system with the district panchayats to be
the power centre below the state.
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