UNIT - 2

Union Government

2.1 Union Government:

2.1.1 Executive-President.

The President is elected by the members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation, by means of single transferable vote. To secure uniformity among state inter se, as well as parity between the states as a whole, and the Union, suitable weightage is given to each vote. The President must be a citizen of India, not less than 35 years of age, and qualified for election as member of the Lok Sabha. His term of office is five years, and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 61 of the Constitution. He may, by writing under his hand addressed to the Vice-President, resign his office.

Executive power of the Union is vested in the President, and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Supreme command of defense forces of the Union also vests in him. The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any time, except when both Houses of Parliament are in session, makes recommendations for introducing financial and money bills and gives assent to bills, grants pardons, reprieves, respites or remission of punishment or suspends, and remits or commutes sentences in certain cases. When there is a failure of the constitutional machinery in a state, he can assume to himself all, or any of the functions of the government of that state. The President can proclaim emergency in the country if he is satisfied that a grave emergency exists, whereby security of India or any part of its territory is threatened, whether by war or external aggression or armed rebellion.

2.1.2 Prime Minister

Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the President. There is no specific procedure for his election or appointment. Article 74(1) states that there shall be a Council of Ministers with a Prime Minister at the head to aid and advise the President. Thus, the Indian Constitution itself recognizes a Council of Ministers. 

Is Prime Minister of India elected or appointed?

President of India appoints a person as the Prime Minister who is either the leader of the party which holds a majority of seats in the Lok Sabha or is a person who is able to win the confidence of the Lok Sabha by gaining the support of other political parties. All other ministers are appointed by the President on the advice of the Prime Minister.

Note: President can also appoint Prime Minister on his own discretion but only when no party has a clear majority in the Lok Sabha.

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities as:

• The leader of Country: The Prime Minister of India is the Head of the Government of India.
• Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
• Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.
• Official Representative of the country: Prime minister represents the country for high-level international meetings
• The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation.
• Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.
• Chief Advisor: He acts as the chief advisor to the President

Like Prime Minister is the head of Union Parliament, the Chief Minister is the head of state parliament.

Who is eligible to be a Prime Minister?

To become an Indian prime minister, one has to be

• A citizen of India.
• A member of either Rajya Sabha or Lok Sabha
• He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime Minister is treated at a much higher pedestal. His preeminence rests on his commanding position in the Cabinet, coupled with fact that he is the leader of the majority party.

During the period of the Congress rule, the Prime Minister was usually the President of his party and the major campaigner in the elections. All these positions of power when combined in one person make him rank much above an ordinary Minister. The death or resignation of the Prime Minister automatically brings about the dissolution of the Council of Ministers. It generates a vacuum. The demise, resignation or dismissal of a Minister creates only a vacancy which the Prime Minister may or may not like to fill. The Government cannot function without a Prime Minister but the absence of a Minister is easily tolerated and compensated.

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship both Prime Minister and the President share with each other. The articles are:

• Article 74
• Article 75
• Article 78

2.1.3 Council of Ministers

There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions. The Prime Minister is appointed by the President, who also appoints other ministers on the advice of Prime Minister. The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them.

The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State (independent charge), Ministers of State and Deputy Ministers.

Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers. Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid and advise the President, article 75 mentions the following things:

• They are appointed by the President on the advice of Prime Minister
• They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok Sabha. (The number cannot exceed 15%)
• 91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a member of Parliament. (Difference between Lok Sabha and Rajya Sabha can be referred to in the linked article.)
• A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive months.
• Parliament decides the salary and allowances of the council of ministers.

Key Takeaways

• The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation, by means of single transferable vote.
• President of India appoints a person as the Prime Minister who is either the leader of the party which holds a majority of seats in the Lok Sabha or is a person who is able to win the confidence of the Lok Sabha by gaining the support of other political parties.
• There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions. The Prime Minister is appointed by the President, who also appoints other ministers on the advice of Prime Minister.

2.2 State Government

2.2.1 Executive: Governor

Article 153 of the Indian Constitution says that each state of the nation should have a governor. The governor is appointed by the President. Under the 7th Constitutional Amendment, it was stated that there can be the same governor for two different states.
The Qualification that one needs to be eligible for a governor of a State/States are the following-

• They must be a citizen of the country.
• They should be 35 years and above.
• Once the Governor is selected,
• He shall be appointed to a state to where he belongs
• Consult the Chief Minister of the state about where to be appointed.
• Special Powers of the Governor
• The powers of the Governor that are granted to him by the Indian Constitution can be broadly classified into four categories, that is Executive, Legislative, Financial, and Judicial.

1. Executive Powers

Some of the executive Powers of the Governor are –

• He is responsible for the appointment of the advocate general of states and also determines their remuneration.
• Chief Ministers and other ministers of the states are appointed by the Governor
• He acts as the President’s agent during the President’s rule in the state.
• Every executive action taken by the state government is to be taken in his name.

2. Legislative Powers

Some of the Legislative Powers of the Governor are –

• Governor may/may not send a bill to the state legislature concerning any bill that is pending in the state legislature.
• The state legislature is addressed by him in the first session of every year.
• Then the Governor appoints a person to preside over the session the speaker and the deputy speaker of the legislative assembly are absent.
• He has the authority to consult the Election Commission for the disqualification of members.

3. Financial Powers

Some of the Financial Powers of the Governor are –

• The Governor looks over the state budget being laid in the state legislature.
• He makes advances to meet unforeseen expenditures as the contingency fund of the state is under him.
• Every five years, the state finance commission is constituted by him.

4. Judicial Powers

Some of the Judicial Powers of the Governor are –

• His recommendation is sought by the President before the appointment of the high court judges.
• In consultation with the state High Court, the Governor makes appointments, postings, and promotions of the district judges.
• He also appoints persons to the judicial services with the consultation of the state high court and the state public service commission.

7th Constitutional Amendment

Some of the most comprehensive changes in the Indian Constitution were bought in by the 7th Constitutional Amendment, back in the year 1956. It was exclusively designed to implement the State Reorganisation Act.
The 7th Amendment Act amended the articles 1, 3, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231 and 232.

Some of the changes that were brought forward by this Amendment Act are –

1. It allowed two different states to have the same Governor.

2.     It provided for a maximum of 500 members directly elected from territorial constituencies in the States, and a maximum of 20 members chosen from the Union Territories to the Lok Sabha.

3.     Allowed a common high court for two or more states.

4.     The maximum strength of the Legislative Council of a State was raised from one-fourth to one-third of the strength of the Legislative Assembly of that State.

5.     Relaxed the complete ban on practice by retired judges of the High Courts and made provisions for them to practice in the Supreme Court and in any High Court other than the one in which he/she was a permanent judge.

6.     Ordered the states to provide facilities for instruction in their mother tongue at the Primary stage to children belonging to linguistic minority groups.

These amendments were needed to implement the recommendations of the States Reorganization Commission regarding the reorganization of the states on a linguistic basis.

2.2.2 Chief Minister

Once the Legislative Assembly elections of a particular state get over, the party that gets the largest mandate by the people of the state gets elected to rule the state. The leader of that party is appointed as the Chief Minister of the state by the Governor.
Article 74 and 75 of the Indian Constitution deal with the Council of Ministers. The council of ministers is headed by the prime minister of the country. The salaries and allowances of the council of ministers are decided by the Parliament.

Appointment of Chief Minister

The particulars of the chief minister’s appointment are not mentioned in the Indian Constitution. However, one thing that is absolute is that the Chief Minister of a state is appointed by the Governor of that state. The leader of the political party that gets the majority of the votes, gets to be appointed as the Chief Minister of the state. In case, no party gets a majority, then the governor gets to use his discretion and appoint a Chief Minister.

Oath of Chief Minister

The Chief Minister takes an Oath in the presence of the Governor of the state before entering the office. As mentioned in the 3rd schedule, while taking the oath, he/she shall say, “I, A. B., do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, 1 [that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.”

Powers of a Chief Minister

Being the leader of the ruling party of the state, the chief minister has been granted some powers by the Indian Constitution. Some of the powers of the Chief Ministers are as below –

1. Head of the Council of Ministers

The chief minister is the head of the council of Ministers. The ministers are appointed by the Governor on the advice of the Chief Minister and he also has a free hand in making a list of his colleagues. The Chief Minister can reconstruct his Ministry as and when the need arises. He further has the right to demand the resignation of any of the ministers under him. The chief minister also controls the agenda for the Cabinet meetings. Furthermore, he supervises and co­ordinates policies of several Ministers and Departments.

2. Aids and Advises the Governor

He is the link between the Cabinet and the Governor. The decisions of the council of ministers are communicated to the governor by the Chief Minister. He also needs to furnish any information relating to the administration of the State as the Governor may call for.

3. Leader of the House

Being the leader of the house, he gets to make all the announcements concerning the new or amended policies. Maintaining discipline of the Members of his party also comes under his hat. Adding to this, the chief minister can appoint a whip whose directive must be obeyed by all the legislators.

2.2.3 Council of Minister

The Constitution of India provides for a parliamentary system of government at the state level. The Governor acts as the constitutional and nominal executive head of the state. The real executive powers are in the hands of the State Council of Ministers headed by the Chief Minister. The Constitution provides for each state a Council of Ministers with the Chief Minister as its head for aiding and advising the Governor in the exercise of his functions. However, in reality the Chief Minister and his Council of Ministers act as the real executive in the State.

1. Formation of the State Council of Ministers:

The procedure for the formation of the Council of Ministers at the state level is the same as in the case of the Union Council of Ministers. After each general election, the party or the group which secures majority in the State Legislative Assembly elects its leader. The Governor then summons him to form the ministry.

In other words, the leader of the majority in the State Legislative Assembly is appointed as the Chief Minister who selects his team of ministers. He submits the list to the Governor who formally appoints them as ministers. Normally, all ministers are taken from the members of the state legislature.

However, the Chief Minister can appoint even a non-member of the Assembly as a minister. But such a person has to secure a seat in the state legislature within a period of six months from the date of his appointment as minister. In case he fails to do so, he has to resign his minister-ship.

The strength of the State Council of Ministers cannot be more than 15% of the strength of State Legislative Assembly. Orissa Assembly has 147 members. As such the maximum strength of Orissa Council of Ministers can be 22. In May 2009, the Biju Janata Dal (BJD) President Naveen Pattnaik was sworn in as the Chief Minister of Orissa for the third consecutive term. A 21-member Council of Ministers was formed.

2. Categories of Ministers in the State Council of Ministers:

(a) Cabinet Ministers:

Cabinet Ministers are those ministers who are given cabinet rank. They hold independent charge of the important departments, like finance, Local Bodies, home affairs, health etc. They together determine the policies of the state. The CM and the cabinet ministers together constitute the State Cabinet. It is the most powerful part of the State Council of Ministers.

(b) Ministers of State:

They enjoy number two status in the Ministry. They do not attend the meetings of the Cabinet. They help the cabinet ministers and are attached to them in their departments. Currently, several Parliamentary Secretaries are appointed by the Chief Minister from amongst his party MLAs.

It is done to please them without violating legal condition which limits the maximum size of the state ministry to 15% of the total strength of State Legislative Assembly. The Parliamentary Secretaries do not get any salary. However, they enjoy some parks and perform some functions for the departments to which they are attached.

3. Tenure:

Theoretically the ministers hold office during the pleasure of the Governor. It means so long as they continue to have a majority support in the State Legislative Assembly. In fact they hold office during the pleasure of the Chief Minister. The Chief Minister can ask any minister to resign and his desire is always fulfilled by the concerned minister. If he resists, the Chief Minister can advise the Governor to dismiss him. The Governor always accepts such an advice. The Chief Minister can cause the fall of the ministry by tendering his own resignation to the Governor. As such virtually a minister holds office so long as he enjoys the confidence of the Chief Minister.

4. Responsibility of State Council of Ministers to the State Legislative Assembly:

The ministers are individually responsible to the State Legislature Assembly. In case the latter passes a censure motion against a minister for any lapse in the working of his department, he has to resign from office. A minister remains in office only so long as he enjoys the confidence of majority in the State Legislative Assembly.

The State Council of Ministers is also collectively responsible before the State Legislative Assembly. In case the latter passes a vote of no-confidence against the Council of Ministers or against the Chief Minister or rejects any bill sponsored by the Ministry or rejects the budget of the Government, or rejects any policy of the Government, or cuts the funds of the state government, the entire Council of Ministers resigns. The Council of Ministers remains in office so long as it enjoys the support and confidence of the majority in the State Legislative Assembly.

5. Powers and Functions of the State Council of Ministers:

The State Council of Ministers is the real executive of the state. It exercises vast executive powers.

(a) Formulation of State Policies:

The Council of Ministers in reality the state cabinet has the responsibility of formulating the policies of the state. All the policies are discussed and decided upon the State Cabinet (Not by the entire Council of Ministers.)

(b) Running of Administration:

The State Council of Ministers runs the state administration. The ministers are responsible for this work. They do so in accordance with the policies of the government as approved and passed by the state legislature. Their duty is to see and ensure that the administration of the state is run in accordance with these policies. Each minister has one or more departments under his control and he is responsible for the administration of these.

(c) Co-ordination Function:

The State Cabinet is also responsible for securing co-ordination in the working of various governmental departments. It has the responsibility to resolve conflicts and deadlocks between various departments. All the ministers are committed to follow the decisions of the cabinet.

(d) Appointment-making Powers:

The Cabinet makes all important appointments in the state. The appointments of the Advocate General, Vice Chancellors or Pro-Vice Chancellors (as in case of Punjab) of the Universities in a state, Chairman and members of the State Public Service Commission, Chairmen of various Corporations and Boards, etc., are all made by the Governor on the advice of the Chief Minister and his Council of Ministers.

(e) Role in Law-making:

Law-making is the function of the state legislature but the ministers plays a key role in this sphere. It is the ministry which really decides the legislative agenda. Most of the bills, nearly 95%, are introduced and piloted by the ministers in the state legislature. The bills moved by the ministers are mostly passed by the legislature because the ministry enjoys the support of the majority. A private member bill has little chance of getting passed, unless it is supported by the ministry.

When the state legislature is not in session, the Council of Ministers can satisfy the need for law-making by getting ordinances issued from the Governor. These ordinances have the force of law and can be got converted into laws from the State Legislature when it comes into session. The Governor, summons, prorogues and dissolves the state legislature upon the advice of the Chief Minister and his Council of Ministers. Thus, the Council of Ministers plays an important role in law-making process.

(f) Financial Functions:

The Council of Ministers manages the finances of the state. The Cabinet really determines the fiscal policies of the state. It formulates and implements all developmental policies and plans. It manages the finances of the state in accordance with the policies and budget as prepared by the State Council of Ministers and approved by the state legislature.

6. Position of the State Council of Ministers:

As the real executive, the State Council of Ministers enjoys a dominant and powerful position. It “is the strongest and the most powerful institution in the state. It really runs the state administration by exercising all the powers vested in the Governor of the state. However, in an emergency under Article 356, the Governor runs the administration of the state independently and without the help and presence of State Council of Ministers.

Key Takeaways

• Article 153 of the Indian Constitution says that each state of the nation should have a governor. The governor is appointed by the President.
• The leader of that party is appointed as the Chief Minister of the state by the Governor.
• Article 74 and 75 of the Indian Constitution deal with the Council of Ministers. The council of ministers is headed by the prime minister of the country.
• The Governor acts as the constitutional and nominal executive head of the state. The real executive powers are in the hands of the State Council of Ministers headed by the Chief Minister.

2.3 Local Government

2.3.1 Panchayat Raj Institutions

It is more than seven years since the Constitution 73rd Amendment Act 1992 came into force. Most of the Panchayati Raj Institutions (PRIs) constituted under the new Act are completing their first five-year tenure. Therefore, it is an appropriate time for appraising the functioning of PRIs in different States so as to reflect on emerging trends and to identify the impediments that have emerged in the process of democratic decentralization.

2. The status of PRIs can be reviewed in terms of following parameters: (i) Conduct of Panchayat elections; (ii) Devolution of Financial Powers; (iii) Devolution of Functions and Functionaries; (iv) Constitution of District Planning Committees (DPCs); (v) Status of Gram Sabha; (vi) Act 40 of 1996; (vii) Checks and Balances over PRIs and Accountability

3. Further, there are other issues which are central to the effectiveness of PRIs as conduits for delivery of economic and social services. These include participation, transparency and sustainability and the interface of PRIs with other parallel organizations operating at the local level. Conduct of Panchayat Elections:

4. Except for Assam, Arunachal Pradesh, Bihar and Pondicherry, Panchayats have been constituted in all other States where they were to be set up according to the new provisions. For Arunachal Pradesh, the Ministry of Rural Development intends to introduce a bill for amending Article 243 D of the Constitution to exempt it from the requirement of providing for reservation of seats for Scheduled Castes. This will provide a legal and Constitutional basis for PRIs in Arunachal Pradesh in accordance with the socio-demographic ethos of the State. In Bihar and Pondicherry, the elections to PRIs could not be held because the matter is sub-judice. Assam has cited law and order problems as a reason for not conducting Panchayat elections that fell due in 1997.

5. As a result of election to PRIs in States/Union Territories, 2,27,698 Panchayats at village level, 5906 Panchayats at intermediate level and 474 Panchayats at the district level have been constituted in the country. These Panchayats are being manned by about 34 lakhs elected representatives at all levels; of them one-third are women. This is the broadest representative base that exists in any country in the world.

Introduction to Panchayati Raj 

Rural development is one of the main objectives of Panchayati Raj and this has been established in all states of India except Nagaland, Meghalaya and Mizoram, in all Union Territories except Delhi. And certain other areas. These areas include:

1. The scheduled areas and the tribal areas in the states
2. The hill area of Manipur for which a district council exists and
3. Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists

Evolution of Panchayati Raj

The Panchayati system in India is not purely a post-independence phenomenon. In fact, the dominant political institution in rural India has been the village panchayat for centuries. In ancient India, panchayats were usually elected councils with executive and judicial powers. Foreign domination, especially Mughal and British, and the natural and forced socio-economic changes had undermined the importance of the village panchayats. In the pre-independence period, however, the panchayats were instruments for the dominance of the upper castes over the rest of the village which furthered the divide based on either the socio-economic status or the caste hierarchy.

The evolution of the Panchayati Raj System, however, got a fillip after the attainment of independence after the drafting of the Constitution. The Constitution of India in Article 40 enjoined: “The state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government”.

There were a number of committees appointed by the government of India to study the implementation of self-government at the rural level and also recommend steps in achieving this goal.

The committees appointed are as follows:

• Balwant Rai Mehta Committee
• Ashok Mehta Committee
• G V K Rao Committee
• L M Singhvi Committee

Balwant Rai Mehta Committee & Panchayati Raj

The committee was appointed in 1957, to examine and suggest measures for better working of the Community Development Programmed and the National Extension Service. The committee suggested the establishment of a democratic decentralized local government which came to be known as the Panchayati Raj.

Recommendations by the Committee:

• Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and Zila Parishad.
• Directly elected representatives to constitute the gram panchayat and indirectly elected representatives to constitute the Panchayat Samiti and Zila Parishad.
• Planning and development are the primary objectives of the Panchayati Raj system.
• Panchayat Samiti should be the executive body and Zila Parishad will act as the advisory and supervisory body.
• District Collector to be made the chairman of the Zila Parishad.
• It also requested for provisioning resources so as to help them discharge their duties and responsibilities.

The Balwant Rai Mehta Committee further revitalized the development of panchayats in the country, the report recommended that the Panchayati raj institutions can play a substantial role in community development programmers throughout the country. The objective of the Panchayats thus was the democratic decentralization through the effective participation of locals with the help of well-planned programmers. Even the then Prime Minister of India, Pandit Jawaharlal Nehru, defended the panchayat system by saying, “. . . Authority and power must be given to the people in the villages …. Let us give power to the panchayats.”

Ashok Mehta Committee & Panchayati Raj

The committee was appointed in 1977 to suggest measures to revive and strengthen the declining Panchayati Raj system in India.

The key recommendations are:

• The three-tier system should be replaced with a two-tier system: Zila Parishad (district level) and the Mandal Panchayat (a group of villages).
• District level as the first level of supervision after the state level.
• Zila Parishad should be the executive body and responsible for planning at the district level.
• The institutions (Zila Parishad and the Mandal Panchayat) to have compulsory taxation powers to mobilize their own financial resources.

G V K Rao Committee & Panchayati Raj

The committee was appointed by the planning commission in 1985. It recognized that development was not seen at the grassroots level due to bureaucratization resulting in Panchayat Raj institutions being addressed as ‘grass without roots’. Hence it made some key recommendations which are as follows:

• Zila Parishad to be the most important body in the scheme of democratic decentralization. Zila Parishad to be the principal body to manage the developmental programmers at the district level.
• The district and the lower levels of the Panchayati Raj system to be assigned with specific planning, implementation and monitoring of the rural developmental programmers.
• Post of District Development Commissioner to be created. He will be the chief executive officer of the Zila Parishad.
• Elections to the levels of Panchayati Raj systems should be held regularly.

L M Singhvi Committee & Panchayat Raj

The committee was appointed by the Government of India in 1986 with the main objective to recommend steps to revitalize the Panchayat Raj systems for democracy and development. The following recommendations were made by the committee:

• The committee recommended that the Panchayati Raj systems should be constitutionally recognized. It also recommended constitutional provisions to recognize free and fair elections for the Panchayati Raj systems.
• The committee recommended reorganization of villages to make the gram panchayat more viable.
• It recommended that village panchayats should have more finances for their activities.
• Judicial tribunals to be set up in each state to adjudicate matters relating to the elections to the Panchayati Raj institutions and other matters relating to their functioning.

All these things further the argument that panchayats can be very effective in identifying and solving local problems, involve the people in the villages in the developmental activities, improve the communication between different levels at which politics operates, develop leadership skills and in short help the basic development in the states without making too many structural changes. Rajasthan and Andhra Pradesh were the first to adopt Panchayati raj in 1959, other states followed them later. Though there are variations among states, there are some features that are common. In most of the states, for example, a three-tier structure including panchayats at the village level, panchayat samitis at the block level and the zila parishads at the district level-has been institutionalized. Due to the sustained effort of the civil society organizations, intellectuals and progressive political leaders, the Parliament passed two amendments to the Constitution – the 73rd Constitution Amendment for rural local bodies (panchayats) and the 74th Constitution Amendment for urban local bodies (municipalities) making them ‘institutions of self-government’. Within a year all the states passed their own acts in conformity to the amended constitutional provisions.

2.3.2 Urban Government

It is a common practice to divide the organization of a corporation or a municipality in two parts: (a) the deliberative, and (b) the executive part. The corporation, council or municipal board or council consisting of the elected representatives of the people constitutes the deliberative part. It acts like a legislature. It discusses and debates on general municipal policies and performance, passes the budget of the urban local body, frames broad policies relating to taxation, raising of resources, pricing of services and other aspects of municipal administration. It keeps an eye on municipal administration and holds the executive accountable for what is done or not done. For instance, if water supply is not being properly managed, or there is an outbreak of epidemic, the deliberative wing criticizes the role of the administration and suggests measures for improvement. The executive part of municipal administration is looked after by the municipal officers and other permanent employees. In the corporations, the Municipal Commissioner is the executive head, and all other departmental officers like engineers, finance officers, health officers etc. function under Structure of Government his/her control and supervision. In a large corporation such as Delhi or Mumbai Municipal Corporation the Commissioner is usually a senior IAS officer. In the municipalities, the executive officer holds a similar position and looks after the overall administration of a municipality. Municipal functions are generally classified into obligatory and discretionary types. The obligatory (compulsory) functions are those that the municipal body must perform. In this category fall such functions as water supply; construction and maintenance of roads, streets, bridges, subways and other public works, street lighting; drainage and sewerage; garbage collection and disposal; prevention and control of epidemics. Some other obligatory functions are public vaccination and inoculation; maintenance of hospitals and dispensaries including maternity and child welfare centres; checking food adulteration; removal of slums; supply of electricity; maintenance of cremation and burial grounds; and town planning. In some States some of these functions may be taken over by State Government. The discretionary functions are those that a municipal body may take up if funds permit. These are given less priority. Some of the discretionary functions are construction and maintenance of rescue homes and orphanages, housing for low income groups, organizing public receptions, provision of treatment facilities, etc. Municipal Corporations take up more functions than municipalities. There are corporations like Delhi, Mumbai, Vadodara, Pune, and Ahmedabad which are known for their various city development activities in such areas as public transport, public parks and open spaces including municipal zoo, and even milk and electricity supply

Financial Resources of Urban Local Bodies

Municipal corporations and municipalities raise their own resources from a variety of sources, as provided for in the respective municipal laws. Their own revenue sources are income from (i) taxes, (ii) fees and fines, and (iii) earning from municipal enterprises like land, tanks, markets, shops, etc. Besides these bodies receive grants from the State. Property tax on land and buildings is the most important source of income of most urban local bodies. Other taxes levied by them are advertisement tax, professional tax etc. Octroi still remains an important source of income of municipalities in Western India. Now, the trend is toward abolishing this tax as it obstructs the free flow of traffic on highways. They also charge fines for breach of municipal rules and regulations. From municipal shops and markets and rest houses, municipalities often earn considerable sum of revenue. It is a general practice for States to give grants to their municipal bodies to improve their revenue position. State grants-in-aid may be on ad hoc basis; or, it can be on the basis of certain principles like size of population, slums concentration, location of town, etc. Some of the taxes and rates collected by urban bodies are: Property Tax; Water tax for water supplied; Seweraging Tax, Fire Tax; Taxes on animals and vehicles; Theatre Tax; Duty on transfer of Property; Octroi Duty on certain items brought into the city; Education Cess (Tax); and Professional Tax. Some other sources of income are fines and fees such as Fees on Tehbazari on takhats and chabutras; license fees – on cycle rickshaw, bicycles etc.; rent from municipal shops; and fines imposed for violation of municipal by laws.

Key Takeaways:

• It is more than seven years since the Constitution 73rd Amendment Act 1992 came into force. Most of the Panchayati Raj Institutions (PRIs) constituted under the new Act are completing their first five-year tenure
• Rural development is one of the main objectives of Panchayati Raj and this has been established in all states of India except Nagaland, Meghalaya and Mizoram
• It is a common practice to divide the organization of a corporation or a municipality in two parts: (a) the deliberative, and (b) the executive part.
• Municipal corporations and municipalities raise their own resources from a variety of sources, as provided for in the respective municipal laws.

References:

1. D.D. Basu, Introduction to the constitution of India, Lexis Nexis, New Delhi

2. Subhash Kashyap, Our Parliament, National Book Trust, New Delhi

3. Peu Ghosh, Indian Government &Politics, Prentice Hall of India, New Delhi

4. B.Z. Fadia & Kuldeep Fadia, Indian Government &Politics, Lexis Nexis, New Delhi