UPSC MainsLAW-PAPER-I202315 Marks
Q7.

Panchayati Raj Institutions and Urban Local Bodies have been accorded constitutional status." Explain the ambit and structure of the authority of Panchayati Raj Institutions and Urban Local Bodies under the Indian Constitution.

How to Approach

This question requires a structured response outlining the constitutional framework for Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs). The approach should be to first define PRIs and ULBs, then detail their constitutional provisions (73rd and 74th Amendments), focusing on structure, authority, and functions. It's crucial to highlight the differences and challenges faced by both, and briefly discuss the evolving nature of their roles in decentralized governance. A table comparing key aspects will enhance clarity.

Model Answer

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Introduction

The 73rd and 74th Constitutional Amendments of 1992 marked a watershed moment in India's governance structure, institutionalizing Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs). These amendments aimed to promote participatory democracy and decentralized governance, bringing decision-making closer to the people. PRIs, comprising village, block, and district levels, cater to rural governance needs, while ULBs handle urban affairs. The recent focus on ‘Atmanirbhar Bharat’ and ‘Smart Cities Mission’ further underscores the significance of these institutions in achieving sustainable and inclusive development, prompting a reassessment of their authority and effectiveness.

Panchayati Raj Institutions (PRIs)

PRIs are three-tier systems: Gram Panchayat (village level), Block Panchayat (intermediate level), and Zila Parishad (district level). The 73rd Amendment Act, 1992 provides the constitutional framework for their functioning.

Structure and Authority

  • Gram Panchayat: Elected representatives (Sarpanch and Ward Members) responsible for local development and service delivery.
  • Block Panchayat: Coordinates activities of Gram Panchayats within a block.
  • Zila Parishad: Apex body for planning and development at the district level.
  • State Election Commission: Conducts elections to PRIs (Article 243K).
  • State Finance Commission: Recommends principles for distribution of funds and duties of local bodies (Article 243I).
  • Article 243G: Details powers, responsibilities, and authority of PRIs, including preparation of plans, implementation of schemes, and tax collection.

Functions

  • Water supply and sanitation
  • Primary education
  • Public health
  • Poverty alleviation
  • Agricultural development
  • Rural infrastructure development

Urban Local Bodies (ULBs)

ULBs include Municipal Corporations, Municipal Councils, and Nagar Panchayats, varying based on population and urban characteristics. The 74th Amendment Act, 1992 governs their structure and functions.

Structure and Authority

  • Wards: Constituencies for electing councilors.
  • Municipal Commissioner: Appointed officer responsible for administrative functions.
  • Mayor/President: Elected head of the ULB.
  • State Election Commission: Conducts elections to ULBs (Article 243K).
  • State Finance Commission: Recommends financial distribution (Article 243I).
  • Article 243W: Defines the powers, responsibilities, and authority of ULBs, including urban planning, sanitation, and public health.

Functions

  • Urban planning and development
  • Public health and sanitation
  • Water supply
  • Roads and transport
  • Education
  • Waste management

Comparison: PRIs vs. ULBs

Feature Panchayati Raj Institutions (PRIs) Urban Local Bodies (ULBs)
Focus Rural Development Urban Development
Tier Structure Village, Block, District Municipal Corporation, Council, Nagar Panchayat
Key Amendment 73rd Amendment Act, 1992 74th Amendment Act, 1992
Main Functions Agriculture, Rural Infrastructure, Primary Education Urban Planning, Sanitation, Water Supply
Finance State Finance Commission Recommendations State Finance Commission Recommendations

Challenges and Evolution

Despite constitutional backing, both PRIs and ULBs face challenges:

  • Financial Constraints: Dependence on state funding limits autonomy.
  • Capacity Building: Lack of skilled personnel and technical expertise.
  • Political Interference: State government control can undermine local decision-making.
  • Limited Devolution of Powers: Powers and functions are not always fully devolved.
  • Data Availability & Transparency: Lack of robust data and transparency hinders effective planning and accountability.

The 14th Finance Commission and NITI Aayog have emphasized increased fiscal devolution and capacity building to strengthen these institutions. The Scheme of Capacity Building for Elected Representatives (CBER) aims to enhance their skills.

Conclusion

In conclusion, the 73rd and 74th Constitutional Amendments have laid a strong foundation for decentralized governance in India through PRIs and ULBs. However, challenges remain in terms of financial autonomy, capacity building, and effective devolution of powers. Strengthening these institutions through increased fiscal resources, enhanced capacity building initiatives, and fostering greater citizen participation is crucial for achieving sustainable and inclusive development and fulfilling the vision of ‘Gram Swaraj’ and vibrant urban centers.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Devolution
The transfer of powers and functions from a central authority to local bodies, granting them greater autonomy and responsibility.
Fiscal Decentralization
The process of transferring financial resources and decision-making authority from a central government to sub-national or local governments.

Key Statistics

As per the Ministry of Panchayati Raj, there are approximately 2.63 lakh Gram Panchayats in India (as of 2023, knowledge cutoff).

Source: Ministry of Panchayati Raj Website

The 14th Finance Commission recommended a significant increase in the share of tax revenues for local bodies, aiming to enhance their financial autonomy.

Source: 14th Finance Commission Report

Examples

Kerala's People's Campaign

Kerala’s People’s Campaign (Praja Pravesh Yatra) in the early 2000s highlighted the need for greater devolution of powers and resources to PRIs, influencing policy changes at the state level.

Smart Cities Mission

The Smart Cities Mission aims to improve urban infrastructure and service delivery through ULBs, emphasizing citizen participation and technological innovation.

Frequently Asked Questions

What is the difference between a Municipal Corporation and a Nagar Panchayat?

Municipal Corporations govern larger urban areas with a higher population density, while Nagar Panchayats are transitional bodies for smaller, developing urban areas.

Why is capacity building important for PRIs and ULBs?

Capacity building equips elected representatives and officials with the necessary skills and knowledge to effectively manage local resources, implement development programs, and ensure accountability.

Topics Covered

PolityGovernanceLocal GovernanceConstitutional AmendmentsDecentralization