Constitutional Amendment Acts Research Articles

Panchayati Raj Institutions (PRI’s) in India: A Historical Perspective

The Panchayati Raj Institutions in India is not of recent origin, the system existed from the Vedic period which was based on the principles of decentralization and mass participation in decision making. The term Panchayati Raj was coined by our first Prime Minister Pandit Jawaharlal Nehru who favoured the idea of village republic.Gandhiji realized the importance of village Panchayat as an important instrument of rural development, promoting democracy at grass-root. His term for such a vision was “Gram Swaraj” (village self governance). According to him, “if the village perishes India will perish too. It will no more be India. Her own mission in the world gets lost.” The main objective of this paper is to understand the PRI’s from historical perspective and the changes after the implementation of 73rd Constitutional Amendment Act (CAA) in India. This Research Paper is based on secondary sources and the data is collected from Books, Journals, Articles, etc.

Role of Local Authorities in Development of Primary Schools

Education is considered as a basic human right in modern society as education makes people responsible citizens imbibed with knowledge, awareness and wisdom. This has been adhered by international organisations like the UN which declared the famous universal declaration of human rights in the year 1948 made education as a basic human right. Education has been given prime importance in India since independence. The 4th Chapter of the Constitution of India depicts the Directive Principles of State Policy include directions to the government on significant areas for the development of the nation. It is constitutionally mandated in India that governments shall provide compulsory and free of cost education to children up to the age of 14 years. It articulates the importance of education given by the makers of the Indian Constitution. The formal education process of an individual starts with primary education as it aims to develop the social, cognitive, cultural, emotional and physical skills of children and enable them to build their basic qualities for a prospective life. Right to Education Act 2010 made education a major responsibility of the local self-government institutions as India has adopted a strong local administrative system through the 73rd and 74th Constitutional Amendment Acts. This paper is an attempt to introduce the overall view of the role of local authorities in the development of Primary Schools.

Prezydent Republiki Czeskiej w stosunkach zewnętrznych

The President of the Czech Republic, functioning as one of the two constitutional organs of the executive power, has acquired significant powers in the sphere of external relations. In addition to the classical powers in the field of active legation (appointing heads of Czech diplomatic missions) and passive legation (receiving representatives of foreign states and international organizations), he has the constitutional right to conclude international agreements (with the possibility of ceding it to the government or government members) and a monopoly on authorization to ratify (and denounce) agreements already concluded. With the accession of the Czech Republic to the European Union, he acquired in the procedure of a constitutional amendment act (established on 14 November 2002) the authorization to hold a referendum on the accession of the Czech Republic to the EU and to announce the results of this referendum, which created a precedent for the procedure for making decisions on important issues of the Czech state’s membership in the European Union.

Municipal finance analysis: The case study of Gujarat (India)

This paper theoretically underpins the idea of greater involvement of local governments in the overall development of India explained through the theory of Fiscal Federalism. The theory outlines the dynamics of decentralization of power and functions through a multi-layered governance system leading to a new structure and added functions, finance, and accountability to local government. The paper also provides an overview of the increasing role of urban local governments in India and investigates whether the Urban Local Bodies (ULBs) of Gujarat – a state in India, are efficient to perform the functions and responsibilities assigned to them by the 74th Constitutional Amendment Act (CAA). It scrutinizes the financial health of local governments in the urban regions of India. The results based on the application of MANOVA indicate that the 74th CAA empowered ULBs with a strong economic base that these ULBs are capable of mobilizing their own resources. This means that smaller municipalities must develop and convergence must be supported by a proportionate level of grants. This will ensure that with the development of social infrastructure, economic activities will increase, and, as a result, the conversion will occur.

MUNICIPAL FINANCE: THE HISTORIC OUTLOOK

Development and finance exist in a cohesive relationship that uplifts the city leading to the nation. Sound fiscal performance of the municipality is important for the growth of any city and, as a result, the need for robust municipal finance. This need for municipal finance in India has gained prominence and discussed with gravity over the past few decades. Many studies have identified the abysmal state of municipal finance and put forth distinct revamp models. This paper aims to map the traces of municipal finance structure and reforms envisioned, from the historical backdrop of three prominent periods of Indian history, precisely Pre-Independence, Post-Independence: Towards the 74th Constitutional Amendment Act (CAA), 1992 and Post-Independence: After the 74th Constitutional Amendment Act, 1992 and hence titled “The Historic Outlook.” It also focuses on the prevalent fragility of municipal finance in India and merges the knowledge of various reforms and their success to enhance the existing mechanism. The key findings of the paper suggest that municipalities encounter multiple problems of devolution of fiscal arrangements leading to an inadequate resource-base and hence shortfall in service delivery. Likewise, the fiscal deficit in municipalities is also the product of their over-reliance on state and central government due to their inability to raise their own-source revenue. The paper calls for significant reforms in municipal finance to confront the challenges of urbanisation envisioned under the 74th CAA, 1992.

Establishing metropolitan governance and local governance simultaneously: Lesson from India's 74th Constitutional amendment act

Metropolitan regions are an increasingly relevant scale for political decision making and determining urban utilities and services functions. Metropolitan institutions functions with autonomous local governments, parastatal organisations and public-private enterprises. Therefore, it is always difficult to network between the decentralised municipal governments and create a hierarchy of planning, development and inter-local collaboration for governmental services delivery. One may expect that output legitimacy or legitimacy by performance is the dominant source for legitimacy in metropolitan governance. This paper examines India's metropolitan governance, its functioning under the decentralisation, the varied implementation of the act by states, its relevant comparison with global cases, and the opportunity of efficient collaboration between decentralised local governments within a metropolitan governance mechanism. The 74th Constitutional amendment act (74th CAA) 1992 provides the necessary legislative backdrop for decentralisation and establishment of the local governments or urban local bodies in India. The amendment act also pave ways for institutionalisation of metropolitan governance by establishing metropolitan/regional development authorities. The purpose of this metropolitan institution is to establish a framework of democratic governance, provide infrastructure services and improve regional prosperity. However, this contribution of the amendment act is not highlighted much in literature. The paper narrates the functioning of the metropolitan institution for the integration among the decentralised local governments and the relevant issues from two empirical evidences. It divulges the mechanisms of establishing metropolitan governance and decentralisation in India. In the process, it showcases the contribution of 74th CAA towards the establishment of the metropolitan governance. It also outlines the potential and challenges present in this dual system.

Challenges with the Introduction of All India Judicial Service Exams: Regards to Subordinate Courts

Although the proposal for all India judicial service exams (AIJS) was proposed by the law commission in 1950's. The Constitution of India was amended in 1977 to have an all India judicial services exams for the appointment of judges for subordinate courts. The paper is based on the 42nd Constitutional amendment act, due to which Article 312 of the Indian Constitution was amended which lays down the concept for the commencement of All India Judicial services exams. The research is based on analysing various challenges that are needed to be addressed before the introduction of all India Judicial Service exams for subordinate courts as it violates the basic principles and procedure relevant to the matters of judicial appointment . Furthermore the paper highlights the importance of judicial autonomy and judicial activism in the democratic system for the preservation of rule of law.

Opportunities and struggles of decentralized governance reform for urban municipalities in India

The most important policy argument concerning urban governance in India is the enactment of 74th Constitutional Amendment Act (CAA), 1992. This Act gives constitutional recognition to urban local bodies in India, namely, municipal corporations, municipalities and nagar panchayats and empowers them to function as institution of self-governance. However, the implementation of the Act has not taken place in totality. The reform mainly favored large urban local bodies such as municipal corporations and the concerns on functional autonomy and finances of smaller urban local bodies remained ignored. Therefore, this study highlights the present situation of local governance structure in the small and medium urban local bodies. This study examines, from a micro perspective, the capacities of small and medium urban local bodies in governing, managing and financing of urban services for the local development.

Emerging Model Villages in India

Although India no more lives in its villages, the rural population is still sizeable and, more importantly, it reels under the pressure of extreme poverty, pitiable basic amenities, and dearth of livelihood opportunities. Urbanisation and urban growth has captured the attention of government and policy makers especially in the post liberalisation period. However, much needs to be done to improve the conditions of the people living in rural areas. Strengthening of village democracy was considered as a possible solution to resolving issues at the grass-roots level. This paved way for the historic 73rd Constitutional Amendment Act (CAA) in 1993 which sought to empower people at the base of India’s federal polity. Encouraging people’s participation in the process of development, policy making and its implementation was the fundamental objective of this legislation. Twenty- five years have passed since the adoption of the 73rd CAA in 1993 but still much needs to be done. There is an urgent need to transform the rural landscape of India and bring it on a par with its urban counterparts while retaining the soul of rural life. The case of village Punsari from the Sabharkantha District of the state of Gujarat (India) is unique as it stands out as a smart and model village. All the modern amenities found in an urban area are available in this village. Using descriptive analytical framework, the paper aims to argue that such smart villages are a ray of hope for the rural revitalisation in Indian countryside. Semi-structured interviews with the local leaders, officers, and stakeholders form an important part of the research used to generate insights and conclusions. The paper argues that grass-roots leadership, community participation, decentralisation of powers to local bodies in rural areas, and financial support in the form of various government schemes can bring far-reaching changes in the rural landscape of India. Punsari represents a classic example as well as an exemplar of concerted efforts of elected leaders, community people, and government support to bring about transformation and make villages smart as well as sustainable.

Metropolitan governance and local decentralisation in India: case of Chennai and Kolkata metropolitan regions

India is one of the very few countries which have metropolitan administration in place to administer its metropolis. ‘Metropolitanisation’ of existing big cities is growing cause of concern for India. Very soon, India needs to dwell upon development of its newly growing metropolitan region along with the existing ones. Yet a comprehensive framework has not emerged to address administrative and governance complexity of metropolitan region and local government. This paper examines India’s metropolitan governance, its functioning under the decentralisation of 74th Constitutional amendment act of 1992; its variation in implementation by different states; and critique on the opportunity of having a metropolitan governance mechanism with decentralised local government. Irrespective of the central legislative foundation, state governments are unable to establish a functioning module with decentralised local government and independent metropolitan government. Finally, the paper shall record the findings and discuss the possible policy recommendations.

Participatory planning processes in Indian cities: its challenges and opportunities

Historically, India has had strong local governments and probably drawing from this, is the spirit in which the country enacted the 73rd and the 74th constitutional amendment acts (CAA), in 1992[1]. This amendment aimed at a redistribution of powers to enable local bodies which are closer to local issues to respond more quickly and efficiently, rather than relying on a distant central body. However, the practices in participatory planning in Indian cities have been, at best, tokenistic in nature in the face of the challenge of implementing an effective decentralisation processes. The paradigm of citizen engagement and participative planning today must shift from one of the traditional redressal of grievances to that of collaborative solution building bringing both the government and citizen together in the development of local areas. This paper aims to analyse and evaluate participative local area planning practices in India, particularly at the level of the smallest administrative unit, i.e. wards. The study has been categorised in mainly two aspects: institutionalised and non-institutionalised processes dealing with participation at the bottommost rung of planning. This study is an attempt to highlight successful models of engagement, institutional structure and processes that allow for effective participatory planning and to identify possible ways of overcoming challenges of inclusiveness, budgeting and financing and the disconnect between citizens and administration in this process.

URBAN LOCAL SELF GOVERNMENT IN INDIA: INFRASTRUCTURE DEVELOPMENT AND PERFORMANCE ANALYSIS

INTRODUCTION:Governments at all levels have to play a major role in developing urban infrastructure which strengthens the base of an economy. Indian Constitutionhas provided for a three tiers federal structure (Union, State and Local) specifying the powers and responsibilities for all the tires of the governments. Therefore, it is the desired intention of the Constitution that all the tiers of the Governments work in a co -ordinated manner well within limits of the Constitution for urban infrastructure development. Third tier of Governments are generally termed as local self-governments and it has two wings, one which operates in the rural areas and the other in the urban areas. Constitutional status has been provided to these local governments through the 73th and 74th Constitutional Amendment Acts, 1992. Local self-governmentoperating in urban areas are commonly known as Urban Local Self Governments.Prior to the Amendment Act, the plan for local infrastructure development were used to be drawn by the upper tier governmentswhere local requirement would not be considered. Therefore, the amendment is a direction to the state governments for transfer of power and responsibilities to the local governments with respect to preparation of plans for economic development and social justice, and also for the implementation of development schemes as may be required to enable the local governments to function as institutions of self-government. Unfortunately the issue of empowerment of the local selfgovernments has been left at the discretion of the state governments and as a result legislation primarily aims to make urban local bodies accountable to their stategovernment rather than to the citizens (The World Bank, 2007).Urban Local Self Governments (hereinafter referred to as ULSG) are of three types: (i) Nagar Panchayats for areas in transition from a rural area tourban area; (ii) Municipal Councils for smaller urban areas; (iii) Municipal Corporations for larger urban areas.India is also in the stage of rapid urbanization like other countries in the World and the constitution has provided different and concurrent list of works for different levels of governments. The role of ULGs, after becoming statutorily responsible for providing basic infrastructural facilities and maintenance of the same in the urban areas, has become more and more important.ULSGs find it difficult to balance between the limited financial resources and the unlimited needs for public services. (Tesu, 2011).FINANCIAL ANALYSIS OF ULSGs:ULSGs are statutorily responsible to carry out decentralized functions effectively and this requires presence of two important elements: adequate level of revenue either raised locally or transferred from the central government and the authority to make decisions about expenditures (Meddzi and Gondo, 2010). Finance of ULSGs consists of two major sources: own source and external source. Own source of receipts basically includes tax and non-tax receipts within the assigned power whereas external source constitutes a major portion of grant and assignments from upper tiers including contribution from others, loan from bank or financial institution and fund raised through issue of bonds.Psycharis and Iliopoulou(2016) have commented that local municipalities in Greece have a limited extent of tax or other forms of fiscal autonomy and therefore still rely heavily on fiscally centralized revenue sources. This situation also prevails in the ULSGs in India. Several literaturesshow that the dependency is due to the constitutional imbalance between the enormous functions and legitimate source of finances. ULSGs in India have lowest tax base (property tax, advertisement tax etc.)and upper tiers enjoy higher tax bases. Therefore,funds collected by the upper tiers are devolved to the lower levels of governments but not at the desired level. In order to resolve the imbalance, the amendment act has stated for constitution of state finance commission in every state which in addition to finance commission constituted by the central government. …

Pragmatic Municipal Finance Reform in India

The 74th Constitutional Amendment Act (CAA) enacted in 1993 gave urban local governments constitutional status and aimed to strengthen municipal governance. Municipalities were to be given greater responsibilities in the provision of basic infrastructure and social services and financial power was also to be devolved. Now, seventeen years since the passage of this constitutional amendment, the promise held out by decentralization has remained largely unrealized. In this context, the intention of this paper is to recommend specific policy initiatives for municipal governance reform in India. In drawing up these recommendations, the paper analyses two broad sources, namely the policy environments for local government in post-Apartheid South Africa and post-democracy Brazil. South Africa and Brazil are instructive case studies because they too, like India, are trying to address the issues of widespread poverty and inequality in a democratic framework. Additionally, they are widely recognized as having innovated in many aspects of the policy framework for local government and service delivery. Based on our analysis, we recommend pragmatic changes in aspects of property tax, municipal finance, community involvement and models of service delivery as the levers to improve urban governance and service delivery.

Effective Decentralisation—Going beyond Reconciled Planning Scales and Capacities: The Need to Recognise Specific Socio-political Drivers

The 1990s ushered in two parallel changes in India. The first pertains to liberalisation, which meant the opening-up of the country to international trade and foreign investment, and the introduction of tax reforms and inflation control measures. The second, internal to India, albeit linked intrinsically to liberalisation, is decentralisation as initiated through the 74th Constitutional Amendment Act (CAA). The CAA seeks to strengthen urban local bodies as units of local self-government through functional and financial empowerment. Two decades hence, the country continues to suffer from a poorly executed decentralisation agenda. This paper, through the case study of the Bangalore Metropolitan Region (BMR), traces the impact of the decentralisation agenda on the socio-spatial fabric of the region. It highlights how, in the absence of empowered local governments, the state government is increasingly vesting decision-making powers in non-elected task forces, the latter being more or less individuals patronised by ruling parties. The approval of the statutory planning tool for the BMR was stalled on account of the lack of legitimate planning bodies. Consequently, growth continues to be investment-driven, with the metropolitan region emerging as a distorted spatial fabric. The paper argues that the reconciliation of planning scales and capacities renders decentralisation incomplete. In parallel, contending socio-political challenges are an imperative.

Changing Aspect of Urban Local Body: A Case Study of Ahmedabad

Urbanization is defined as the societal process that creates the dynamic system that we call city. Different countries of the world are moving fast towards Urbanization. Percentage of Urban to Total Population: Year World Asia Africa Europe USA 1980 39.10% 26.32% 27.86% 67.99% 73.74% 2010 50.60% 42.47% 39.94% 72.59% 82.30% 2050 69.61% 66.79% 61.76% 83.82% 90.40% Source: United Nations. (2007): World Urbanization Prospects, Population Division, New York The new trend of big cities becoming bigger & small cities evaporating has been observed due to: a) Addition due to natural growth. b) Migration c) Reclassification As per 2001 census, Gujarat is 5th highest urbanized state with 37.35% (as compared to 27.3 % for the India) population living in urban areas. Ahmedabad, due to its unique features, becomes a case study for paper & will answer: 1) How Income & Expenditure patter of Mega city Ahmedabad is changing due to Urbanization? 2) How well 74th Constitutional amendment act is being implemented? The appropriate Econometric & statistical method will be used to analyze time series data. This paper will help to understand success of Local Government in handling the problems of rapidly urbanizing city (Ahmedabad, which is de-facto state capital, accounts for over 23 % of urban population of state).

Democratic Decentralization and Empowerment of Local Government Associations in Kerala

During the past decade the Indian state of Kerala has been successfully carrying out democratic decentralization, and has substantially transformed the functions of local governments in line with the 73rd and 74th Constitutional Amendment Acts, which institutionalised the local government system in India. In particular, formulation and implementation of micro plans with community participation has produced remarkable changes in the dynamics of local development and in the public management of local governments. This initiative for participatory planning at the local level taken by the government of Kerala enormously empowered local communities and the different actors in the local political system.