74th CONSTITUTIONAL AMENDMENT AND MUNICIPAL CORPORATION, SHIMLA In the Constitution of India prior to the enactment of 74th amendment there was only one provision under article 40 of the constitution of India, which deals with the organisation of village panchayats. This was in the shape of Directive Principles of State Policy and read as, 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 functions as units of self-Government. Powers to the people, which is the soul of a Republic, stands subverted if decentralisation and devolution desiderated in article 40 is ignored by the executive in action even after holding election to the floor level of administrative bodies, perhaps for the first time the above spirit of these directive principles was incorporated in the Constitution by 73rd and 74th Amendment. New provisions in the shape of 243-ZG are major steps in the direction of implementing these directive principles. It is admitted by all who believes in democracy that a democratic form of government in a country must be sustained by a system of local-self governing institutions. Lord Bryce said, the best school of democracy and best guarantee for its success is the practice of local Self-Government, J. S. Mill supported local Self-Government because it was an easier method of public education than taking part in national affairs. Lord Ripons approach to local-Self-Government was; It is not primarily with a view to improvement in administration that this measure is put forward. It is chiefly designed as an instrument of political and popular education.1 A fairly widely held belief equates centralisation with an unmitigated vice while decentralisation is extolled as an unsullied virtue avidly to be sought after. It has been advocated that devolution of political and administrative powers ever since Royal Commission upon decentralisation reported in 1909.2 If one of the objectives of decentralisation is mass participation of ordinary people in the process of development, then the real problem is one of delegation of powers and suppression at the hands of the state bureaucracies and politicians.3 Decentralisation is commonly associated with a wide range of economic, social and political objectives of both developed and less developed societies. Economically, Decentralisation is said to be improve the efficiency with which demands for locally provided services are expressed and public goods provided. Decentralisation is said to reduce cost, improve out put and more effectively utilize human resource. Politically decentralisation is said to strengthen accountability, political skills and national integration. It brings government closer to the people. It provides better service to client groups. It promotes liberty, equality and welfare.4 Local bodies have been the legacies of British Colonial Rule. Their prime responsibility is provision and maintenance of basic services. Before and after independence, their functions included sanitation, public health, primary education, roads, water supply, scavenging, town planning, housing, etc. With population explosion and technological innovations, the local bodies were not able to keep pace with the demand. The abolition of octroi crippled the financial capabilities of the local bodies. The state governments retain a lions share of motor vehicles tax, entertainment tax and surcharge on sales tax. The quinquennial revision of property tax was also not done for many years and thus the revenue was frozen.5 Under article 280, 3 (a) National Finance Commissions are appointed to make recommendations about the distributions between the union and the states of the net proceeds of taxes levied by the Centre. But there was no counter part provision to appropriate the fund between the state and the local bodies. The consequences of this paucity of resources of local bodies were the growth of slums, and unplanned colonies absence of services, encroachment of public land and open spaces, increasing inefficiency, inept management systems and the emergence of almost total urban chaos. This resulted in stripping off many of the functions of local bodies and entrusting them with newly created specialised agencies which included Development Authority, H.P Housing Board and water supply through Irrigation and Public Health Department and Pollution Control Board. The structure and constitution of these functional agencies were made through official and non-officials nominee of the state governments. They function within city limits but are not answerable to the local bodies because they stand above them. The mushrooming of these organisations has resulted in a dichotomy in urban management in which the existing, decaying, largely inadequate Services become the responsibilities of the municipal corporations, whereas almost the entire capital inputs into city expansion, together with the profits there from, fall to the share of functional organisations or development authorities. In this backdrop, the National Commission on Urbanisation, which submitted its recommendations in 1988, observed that the local bodies lived in a fragile living and enjoyed a witness status while numerous functional organisations operated within the domain of the former. The National Commission on Urbanisation strongly advocated restoration of all the functions and powers to the urban local governments. It recommended that all city planning should be restored to the urban local bodies. These would include city planning, and planning of the city region, the overall financial structure of the city, creation and maintenance of services, which are citywide such as transportation, water supply and sewerage power, etc. There should be no separate development authorities or functional organisations. Those, which exist, should be merged into appropriate urban local bodies. Based on the recommendations of the National Commission on Urbanisation, the Constitution (74th Amendment) Act, 1992 was enacted. One of the key features of this Act has been to provide a more active role for democratically elected municipalities / corporations, in urban development and management, so that people at grassroots level could plan for themselves and participate in decision making process. But still today, there are many urban development authorities and other function agencies, which are operating out side the framework of the local bodies and are answerable only to the state and not to the people. No legislation made in India in the context to local government was so versatile, democratic oriented and decentralisation based as, the 74th Constitutional Amendment. This Amendment may have great historical significance for grant of greater autonomy for the third tier of the government but one of the most significant aspects is abolition of the existing differences in election, reservation and functioning, the urban sector which lacked importance in Indian Constitution in comparison to the panchayats of rural sector has gained rightful legislative support. 74th Amendment meant for Urban Self-Government along with process of devolution of planning process for urban self-governments are virtually similar as regards to legal provisions made to bifurcate into separate department in charge of them. Early four decades those followed independence in India did not bring about anything spectacular in the field of Local Governments and ranges of disparity among States widened due to lack of central control. The Constitution of India had contained provisions for ensuring protection of democracy in Parliament and state legislatures which had been responsible for survival of democracy in these Local Government there had been a reference to village panchayats in Directive Principles of the State Policy, but no mention of urban self-governing institutions except by way of Entry No.3 of the 7th schedule. The democratic concepts behind these basic grassroots organisations had been matter of repeated overruns by State legislature in the form of supervisions and suppressions, paucity of regular elections and anemic financial status.6 Current municipal system in India 7 is the legacy of colonial administration in British pattern with following periodical evolutions: 8 1687-1881 Local Government was utilized to ease central and provincial finances and thus sub serve imperial needs 1882-1919 Local Government began to be viewed as self-government. 1920-1937 Local Government came within the jurisdiction of provinces and further, was transferred to popular control. 1938-1949 Local Government was in a State of repair and reconstruction. 1950-…… Local Government has been keyed to the present day requirement of the Constitution. History of Constitution (74th Amendment) Act, 1992: The history behind such enactment dates back to consultation with elected representatives of local bodies who had a number of meetings since 1989. Discussions were also conducted with high-level officers of States and Union Territories, e.g., Chief Secretaries and State Ministers. Government of India also accepted the recommendations of National Commission on Urbanisation. On these bases Constitution (65th Amendment) Bill in August 1989 was introduced to incorporate all recommendations of the commission and meetings with elected representations of local bodies and high-level officers. However the bill that was passed by the Lok-Sabha falls through in Rajya Sabha. Subsequently with change in government, the Constitution Amendment bill was reviewed and was again introduced in the Lok Sabha in September1991. It was referred to Joint Parliamentary Committee, which held several settings and took oral evidence and written comments from various organisations and individuals. It also held detailed discussions with various municipalities and also with the State governments. Based on the report of the joint Parliamentary Committee, the Lok Sabha and Rajya Sabha considered the Constitutional (74th Amendment) Bill and passed in December, 1992. 9 The bill was ratified by almost all the States with few exceptions. It received the assent of the President of India in April 1993, and came into force on June 1st 1993. However the constitutional (74th Amendment) Act, 1992 provides for a period of one year by way of transition during which time Amendments to existing State Acts have to be carried out so as to bring provisions of such Act in conformity with the provisions of the said Amendment Act. The one-year period was over on May 31, 1994. As per the amended Act the State Government may byelaw endow power to municipalities for performance of functions and implementation of schemes, including those in relation to eighteen matters listed in the 12th Schedule. The 74th Constitution Amendment Act, 1992 aims at Constitutional guarantees to safeguard the interest of Urban Local Government to enable them function as effective democratic and self-governing institutions at grassroots level. It provides a Constitutional form to the structure and mandate of these bodies. The objectives of the Amendment include decentralisation of power and ensuring popular participation in planning, management, and delivery of civic services. It introduces some fundamental changes in the system of municipal governance. The main features of 74th Constitution Amendment are as follows: 1. It mandates that where Local Government is dissolved, it shall be reconstituted by holding elections within six months. This is to ensure the continuity of elected municipal governments and civic affairs by directly elected representatives of the people. 2. A framework is provided for earmarking government functions for urban local bodies through the 12th Schedule of the Constitution. 3. The States are required to set up Finance Commissions to recommend to their legislatures measures on State local revenue¬ sharing and improving resources and functioning of local bodies. 4. Constitution of Metropolitan and District Committee, with critical role assigned to the elected representations of the people in preparation and monitoring of development plans, is mandatory. It is well known that preparatory exercises, culminating in the 74th Constitution Amendment in its present form, were elaborate. The proceedings of Nagarpalika Sammelans in 1989 indicate a commitment on the part of Government of India to vest power in the only place where power rightfully belongs to in a democracy, i.e., in the hands of the people. Duration of elected municipal government, participation of women and weaker sections in urban affairs and an enabling framework for efficient delivery of public services was regarded as appropriate to be covered by Constitution provisions. Accordingly, the 74th Amendment Act provided for: 1. regular and fair conduct of municipal elections by constituted State Election Commissions: 2. limiting the State power to do away with democratically elected municipal government; 3. adequate representations weaker sections and women in municipal bodies through reservation of seats; 4. constitution of Wards Committees in Municipalities with a population of three lakhs or more, with no bar on such committees in cities having lesser population, to ensure popular participation in civic affairs at grassroots level; 5. specialisation by law, through the State legislatures, of the powers and functional responsibilities to be entrusted to Municipalities and Wards Committees; 6. placing relationship of State government and urban local bodies on firm footing with respect to local taxation powers and revenue-¬sharing between States and local authorities through State Finance Commissions, to be set up every Five years; and 7. involvement of elected representatives in planning at district and metropolitan level. Himachal Pradesh Municipal Corporation Act, 1994: The 74th Constitution Amendment Act envisaged that the governments of States and union territories would take action to pass new legislations or amend existing laws by May 31st, 1994 to bring them in conformity with the Constitutional provisions. This task of conformity legislation has since been completed in the year 1994. The 74th Amendment created a legal right in favour of each local body and this right is constitutionally enforceable. Perhaps for the first time Local Bodies have acquired the real and effective status of Local Government. This may not be now envisaged or comprehended by the masses but it is expected that in the coming years these units of Local Government are going to acquire more and more administrative powers and financial autonomy. The Constitution of local bodies has been made obligatory on the part of Government by article 243 (Q) of the Constitution. Himachal Pradesh Government enacted two new acts, as a sequel to the 74th Amendment i.e., (i) Himachal Pradesh Municipal Act, 1994 and (ii) Himachal Pradesh Municipal Corporation Act, 1994, thus constituted the Nagar panchayats and the Municipal Councils, and Municipal Corporation of Shimla respectively. The above classification has been done according to Section 3 of Himachal Pradesh Municipal Act, 1994. Main feature of the Himachal Pradesh Municipal Corporation Act 1994 is that the members of Municipal Corporation, Shimla shall be directly elected and no other person, who is not directly elected shall not have nay right to vote. The above composition has the support of article 243- (R) of the Constitution of India. A very important feature of 74th Amendment is about the reservation, which has been made as per provision of article 243-(T) of Constitution of India. This has provided as follows: i) The reservation to Scheduled Castes/Scheduled Tribes will be directly in proportion to their population in a municipal area. ii) 1/3 seats reserved .out of SC/ST’s wards shall be for SC/ST women. iii) 1/3 seats reserved for women out of total seats of general including SC/ST categories. iv) Reservation of the office of chairperson for SC/STs and women. Under Article 243-(W) constitutionally requires that State legislature must provide such powers, authority and responsibilities to the Municipal Corporation, Shimla as may be necessary to enable them to function as institutions of Self- Government. A new schedule in shape of 12th schedule of the Constitution, have been added in the constitution document, which identified eighteen spheres in addition to the conventional functions of the municipalities. Government of Himachal Pradesh has also incorporated these additional functions in the Himachal Pradesh Municipal Corporation Act, 1994. Universal Objectives of Decentralisation: The objectives of decentralisation exercises taken up by Central Governments can be grouped under three categories: Political Objectives: 1. Promotion of democracy at the grassroots level, 2. Transfer of power to the people for the provision of civic services; 3. Representation in civic bodies to certain social, political, ethnic, and religious groups, who matter significantly in terms of national goals but would not otherwise have had influence on decision making; 4. Decisive role of elected representative in planning, Programme implementation, and public service delivery; and 5. Improved equity in allocation of government resources investment in public services. Table No. 1 Table showing Functions Performed by Municipal Corporation Shimla, After 74th Amendment (As per 12th Schedule of the Constitution) S.No. FUNCTIONS Whether transferred or not 1. Urban Planning including Town Planning Not yet 2. Regulation of land use and construction of buildings Already vested in M. C Shimla 3. Planning for economic and social development Not yet 4. Roads and Bridges Already vested in M. C Shimla 5. Water Supply for Domestic, Industrial and Commercial purposes Already vested in M. C Shimla 6. Public Health, Sanitation, Conservancy and Solid Waste Management Already vested in M. C Shimla 7. Fire Services Not yet 8. Urban Forestry Protection of Environment and Protection of Ecological aspects Not yet 9. Safeguarding the interests of weaker sections of society including the handicapped and mentally retarded Not yet 10. Slum improvement and upgradation Not yet 11. Urban Poverty alleviation Not yet 12. Provision of Urban Amenities and facilities such as parks gardens, playgrounds Not yet 13. Promotion of Cultural Educational and aesthetic aspects Not yet 14. Burials and burial grounds, cremations, cremation grounds and electric creamatoriums Already vested in M. C Shimla 15. Cattle ponds, prevention of cruelty to animals Already vested in M. C Shimla 16. Vital statistics including registration of Births and Deaths Already vested in M. C Shimla 17. Public amenities including street lightening, larking lots, Bus-stops and Public conveniences Already vested in M. C Shimla 18. Regulation of slaughter houses and tanneries Already vested in M. C Shimla Institutional Objectives: 1. Improved municipal administration in terms of responsiveness to local problems and effectiveness in dealing with them; 2. Increased autonomy and accountability in municipal affairs; 3. Encouraging private and non-governmental provisions of public services; Economic Objectives: 1) Efficiency in production and delivery of local public goods and services; 2) lnternalisation of local benefits and costs; 3) Better matching of residents preference and public services provided; 4) Enhanced Local Government capacity to implement civic programmes; 5) Matching of local functional responsibilities and local finances. 6) Increased mobilisation of local resources and directing of funds towards public service provision rather than to public sector bureaucracies; 7) Development of an inter-government transfer system based on sound economic principles; and 8) Facilitating planned social and economic development. Obviously decentralisation exercise tends to address a number of overlapping objectives some of which may even be potentially conflicting. Whatever be the declared objectives in official decentralisation programmes, the primary aim of the taking power to the people is to give them an efficient and responsive mechanism for provision of local public good and services. The achievement of this objective is the central problem of local self-government. Any evaluation of Indias decentralisation experience so far should address whether the Constitutional Amendment and conformity legislations are conducive to the emergence of political-administrative 74th CONSTITUTION AMENDMENT ACT: MUNICIPAL CORPORATION SHIMLA CONFORMITY LEGISLATION: Let us first compile and evaluate the provisions in the conformity legislations regarding three of the most important aspects of municipal decentralisation, namely functional decentralisation, financial decentralisation and popular participation in the provision and monitoring of affairs of Municipal Corporation, Shimla. Functional Decentralisation: On assignment of functions to urban local bodies, the 12th Schedule of the Constitution provides an illustrative list of municipal functions. In view of 74th Amendment the State Government has legalised all the functions listed in the 12th Schedule as legitimate municipal functions. Section 43 and 44 of the Himachal Pradesh Municipal Corporation Act, 1994 provides the obligatory and discretionary functions to be performed by the Municipal Corporation, Shimla. These functions are identical reproduction of Section 43 and 44 of the repealed, the Himachal Pradesh Municipal Corporation Act, 1979, Section 42 of Himachal Pradesh Municipal Corporation Act, 1994 empowers the State Government to issue notification to determine the various additional functions of the Corporation on the subject itself in Section 42 (1) (a) & (b) and further heads (i) to (xviii) and 12th Schedule of Constitution corresponding to Article 243 W. Therefore, apart from obligatory functions and discretionary functions of the Municipal Corporation, Shimla some additional functions are bestowed on the Corporation. The rationale behind the inclusion of new responsibilities such as: (i) urban forestry, protection of the environment and promotion of ecological aspects, and (ii) urban poverty alleviation under the 12th Schedule is that these functions which are of tremendous social importance are best handled locally. The conformity legislations indicate that there are tremendous differences in views regarding whether the above-mentioned functions ought to be local, obligatory or discretionary. Table No. 2 Table Showing Functions Performed By Municipal Corporation Shimla At Present (Inclusive of Pre and Post 74th Amendment) S. NO. FUNCTIONS I General Administration (i) Maintenance of Records ll Core Functions (i) Street Lighting (ii) Water Supply (iii) Sanitation (iv) Drainage / Sewerage lll Development Functions (i) Maintenance / Development Activities (ii) Construction of Parking spaces, public amenities (iii) Conversion of dry latrines to hand flush and rehabilitation (iv) Implementation of ( SJSRY) lV Maintenance Functions (i) Sanitation (ii) Roads (iii) Drains (iv) Water supply system V Miscellaneous Functions (i) Erection and Maintenance of Parking Places (ii) Parks, etc. (iii) Markets and Slaughter House (iv) Maintenance of Municipal Properties & offices (v) Assessment and Collection of Taxes / fees, etc. (vi) Sweeping of Public Streets and drains (vii) Removal and Dumping of rubbish (viii) Running and maintenance of labour hostels and working women hostels, etc. Perhaps there is doubt whether the Municipal Corporation, Shimla will able to shoulder these arduous responsibilities or not. It may, however, mention here that while some functions are appropri Perhaps there is doubt whether the Municipal Corporation, Shimla will able to shoulder these overous responsibilities or not. It may, however, mention here that while some functions are appropriate for Municipal Corporation, it is not necessary that they be financed by Corporation’s collected revenue. There may be valid reasons to link them to inter governmental transfers. Table No. 2 shows the functions performed by the Municipal Corporation, Shimla at present (inclusive of pre and post 74th Amendment to the Constitution of India.) Financial Decentralisation: One of the most important features of the 74th Amendment is the devolution of financial resources and autonomy to the local bodies. Article 243-(X) lays down mandatory directions to the State Government to give powers to impose taxes to the local bodies as well as to share the consolidated fund of the State with local bodies. Accordingly to determine the share of urban local bodies in various taxes, duties, tolls and fees levied and collected by the State Government and also provide grants-in-aid to municipalities from the consolidated fund of the State, the constitution further provides by article 243-(Y) the Constitution of State Finance Commission. This is very important Constitutional provision, as it will be binding on the State Government to implement the award of the State Finance Commission. Even the State Finance Commissions recommendations shall form guiding principles for the Finance Commission of India. In article 280 (3) new sub-clauses (bb) and (c) have been added where in recommendations of the State Finance Commission will be taken as the basis by the Finance Commission of India, in order to augment the consolidated fund of the State to supplement the resources of the municipalities. The 74th Constitution Amendment Act, in addition to providing State Finance Commission, requires that State Government specify bye laws” regarding: 1. Taxes, duties, tolls and fees levied and collected by the municipalities; 2. Taxes, duties, tolls and fees levied and collected by the State government, which are to be assigned to or shared with the municipalities; and 3. Grants-in aid to be given to the municipalities from Consolidated Fund of the State. The conformity legislations of Himachal Pradesh show that even where additional functional responsibilities have been entrusted to Municipal Corporation, Shimla, ‘no provision has been made as to how finances will be mobilised to discharge these new responsibilities. Regarding setting up of State Finance Commission, the State of Himachal Pradesh has adopted the provisions prescribed by the 74th Constitution Amendment Act in full. Detailed terms of reference for such commission are attempted in the amended legislations. The State Finance Commission In Himachal Pradesh was constituted vide Himachal Pradesh Government Notification No, Fin-C-A (3)¬4/94 dated the 23rd April, 1994 as required under Article 348 (3) of the Constitution of India. The text of the notification constituting the State Finance Commission is reproduced below: In exercise of the powers conferred by Section 98(1) of the Himachal Pradesh Panchayati Raj Act, 1994, (Act No.4 of 1994) read with Articles 243-(I) and 243-(Y) of the Constitution of India, the Governor of Himachal Pradesh is pleased to constitute. “H.P. State Finance Commission to review the financial position of the Panchayats and Municipalities.” The commission shall make recommendations to the Government as to: (A) The principles, which should govern: 1. The distribution between the state and Panchayats / Municipalities of the net proceeds of taxes, duties and fees leviable by the state which may be divided between them and the allocation between Panchayats Municipalities at all levels of their revenue share of such proceeds. 2. The determination of the taxes, tolls and fees that may be assigned to, or appropriated by the Panchayats and Municipalities. 3. The grants-in-aid to the Panchayats municipalities from the Consolidated Fund of the State. (B) The measures needed to improve the financial position of the Panchayats / Municipalities; (C) Any other matter referred to the government in the interest of sound finances of the Panchayats and Municipalities. Ward Committee and Planning Committee In spite of British influence and 74th Amendment urban local government in India has, by and large, failed to develop the committee system in any elaborate fashion. This can be attributed to a variety of causes more important among which are the very limited numbers of functions delegated to municipalities and a general reluctance to part with the power on the part of an executive chairman and his supporting group in the corporation. Again, in some states, statutory fragmentation of power among a number of authorities has stood in the way of development of the committee system of the British type Broadly speaking the Municipal Corporation, Shimla can classified into two distinct types. One in which the constitution of committees is optional and another having statutorily specified committee. Himachal Pradesh Municipal Corporation Act, 1994 has no provision for constitution of such ward committees is against the spirit of giving power to the people is a matter to be re-examined. The conformity legislations indicate that provision has been made for constitutions of District and Metropolitan Committees in the State, the functions of these committees have not been elaborated or clarified beyond those stipulated by the 74th Amendment. The legislations do not provide enough directions on how the district and metropolitan development plans are to be integrated with the State Development Plans and how they are financed, implemented and monitored. Further, it is not clear whether spatial or physical plans of local bodies will have to be integrated by the Planning Committees. There is need to syncronise relevant provisions in municipal and town planning laws. The linkages between District and Metropolitan Planning Committees, Municipalities and Panchayats and the mechanism to coordinate, preparation and effective implementation of the development plans by various agencies need further clarity. The follow-up legislations Himachal Pradesh Municipal Corporation Act, 1994 indicate that in the spheres of functional and financial decentralisation and popular participation, Himachal Pradesh have not gone much beyond the letters of the 74th Constitution Amendment Act. The centre issue of decentralisation, i.e., how to ensure efficient provision of local public goods and services, has not been addressed adequately. In terms of solving the important fundamental questions highlighted earlier, the conformity legislation does not signify major improvement over the old Municipal Acts. Perhaps the State government did not have enough time to take up rigorous exercises needed to promote the spirit of the Amendment Act. It seems that, as a first step, attempt was made to ensure conformity with the constitutional provisions, leaving detailed exercise to be taken up. In fact, many provisions in the Amendment Act, such as those relating to State Finance Commission and District and planning Committees, have been inserted into Himachal Pradesh Municipal Corporation Act, 1994 almost in their totality. The positive aspect of Himachal Pradesh Municipal Corporation Act, 1994, the conformity legislation, the adoption of uniform political structure of Municipal Corporation, Shimla envisaged by the 74th Constitution Amendment, will provide a continuity of elected local government. The legal stipulations regarding reservation of seats for women and weaker sections are likely to ensure the sensitivity of the Corporation to the problems of those who need the civic services most. In a sense, it should now be possible to achieve the political objectives of decentralisation. Time is, thus, ripe to pursue additional reforms to ensure that the institutional and economic objectives of decentralisation are achieved. The ultimate test of reforms is that the Municipal Corporation, Shimla will be able to discharge the constitutional obligations effectively. Autonomy and Accountability: Political decentralisation is the first step towards achievement of the fundamental objectives of decentralisation. It provides a suitable structure of governance for delivery of local public services. Economic decentralisation defines the local functions and finances to match them in clear terms. It also prescribes the parameters of efficient production and delivery of local public goods and services. Institutional decentralisation aims at an organisational framework to induce efficient performance. Autonomy, accountability and participation are some of the important issues in the municipal decentralisation. The fundamental rule for allocation of functions according to the theory of fiscal Federalism is: “each public service should be provided by the jurisdiction having control over the minimum geographic area that would internalise benefits and cost of such provision.” 10 This provides a strong rationale for decentralisation through local self-government on considerations of economic efficiency, autonomy and accountability. Thus, the classical for local democracy championed by John. S. Mill, who advocated municipalisation as a measure of both public management and counterpoise to excessive centralisation. The success of local self-government is an essential part of nation building. 11 The decline of local autonomy however has occurred partly on account of structural deficiencies in local government organisation and partly due to the enlargement of central government intervention as well as apathy of people. This it is inimitably trend towards centralisation. Commenting on this, Professor Robson says: The centralizing tendency which is undermining local government assumes several forms. One form is straight forward transfer of function from local authorities to government department or local organs. “A second form consists of the transfer of services and undertakings to adhoc bodies subject to varying degrees of central control. Yet another form consists of increased central control over local bodies. 12 The future of local democracy lies in the expansion of local self¬-government, its powers and finances, peoples participation and voluntary organisation. The higher government have to play a crucial role is sustaining the autonomy
Posted on: Thu, 24 Oct 2013 12:43:04 +0000
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