Critical Conditions

The key to improving local governance is to give complete control over functions, funds and functionaries to citizens’ assemblies.

The following are the most critical conditions required for the success of any local self-governing institution. If anyone of them were missing, the institution would not work.

1. Power should lie with citizens’ assemblies and not with Sarpanch or other elected members of Panchayat. People would take all decisions in their Gram Sabha meetings every month. Sarpanch and other Panchayat members should only implement those decisions.
   In urban areas, such people’s assemblies do not even exist. All powers in urban areas are concentrated primarily into bureaucracy and to some extent with elected representatives. A municipal ward in a large city can have more than 40,000 voters. Since it would be unreasonable to expect such a large number of people to meet at a place at regular intervals, each ward should be broken up into smaller areas or mohallas consisting of about 1000 families. Powers should be given to peoples’ assemblies namely Mohalla Sabhas or Area Sabhas.
2. All functions related to a village or mohalla should lie within the jurisdiction of Gram Sabha or Mohalla Sabha. The principle should be that whatever can be done at the level of Gram Sabha or Mohalla Sabha should be done at that level. What cannot be done at the grassroots level should be done at the intermediate levels, i.e. block level (rural areas) and ward level (urban areas). What cannot be done at the intermediate levels shall be done at the district and municipality levels. And what cannot be done at district and municipality level should be done at state level. Currently, state is engaged in micromanaging the affairs of each village and mohalla. In a decentralised scenario, a state would have more time and resources for bigger projects. Complete powers should be given to each tier of local government to take all decisions on matters belonging to that tier. Presently, subjects have been transferred to panchayats without any powers. For instance, Uttar Pradesh gives Panchayats power over schools in their jurisdiction, but if a teacher does not attend his class, Panchayat cannot take him to task. The official who can punish an errant teacher is called Assistant Basic Shiksha Adhikari, who usually takes a bribe from the teacher and turns a blind eye to his misconduct.
3. Relation with local bureaucracy: In most Panchayati Raj laws, the bureaucracy has been given veto powers to accept, modify or reject the decisions and proposals of a Panchayat or its Gram Sabha, thus rendering them ineffective. Gram Sabha or Mohalla Sabha decisions shall be final unless they are technically flawed or they violate any law.
4. Power to recall: If people are dissatisfied with the performance of their elected Panchayat or municipal representatives, they should have the power to recall them. Some states like MP and UP have already given this power to their citizens.
5. Adequate and untied funds: Most of the funds provided to Panchayats are tied to government scheme of some kind. A study of MP and UP Panchayats shows that more than 90% of the funds are tied to government schemes. Very little money is left for the people to spend on their own projects and problems. Besides, the funds provided are meagre. In Kerala, 40% of the state budget is directly provided to panchayats without any strings. Other states too should provide adequate untied funds to their Panchayats.
6. Power over local officials: The local officials should get their salaries through Panchayats at the levels of village, or block or district. In urban areas, they should get their salaries from mohalla or ward or municipality. If they do not perform, Gram Sabha or Mohalla Sabha should have the power to withhold their salaries or impose penalties upon them. These officials should also be appointed by Gram Sabhas or Mohalla Sabhas so that they become the appointing authorities for these employees and can remove them from job, wherever needed in extreme cases