Legal Framework

For rural areas, we have made a list of suggestions to make Panchayati Raj law effective. These suggestions are based on the six principles described above. Panchayati Raj Act of a state would need to be amended to incorporate these suggestions. In case a state agrees to implement these reforms, we would be happy to draft the amendment bill and the rules.

For urban areas, the central government has recently circulated a draft Nagar Raj Bill to all the states. The state governments are required to get this Bill passed, with whatever modifications they want, if they wish to access funds available under Jawaharlal Nehru National Urban Renewal Mission (JNNURM). The central draft proposes to divide each municipal ward into several “Areas”, each consisting of about 3000 voters. The voting population of an area would be called an Area Sabha, which have been given some powers.

This Bill is progressive to the extent that, for the first time, it creates the institution of Area Sabha, which is the urban counterpart of Gram Sabha. However, the Nagar Raj Bill hasn’t gone far in assigning meaningful functions and powers to Area Sabhas making them bodies that will only pay lip service to citizens’ participation in municipal governance. No control has been given to Area Sabhas over local government employees. With only cosmetic functions and powers, people would hardly have any reason to attend Area Sabha meetings. If that happens, the government and political parties would have a convenient excuse to criticize the very idea of citizen participation in governance and local democracy.  

We have made some amendments to the central Nagar Raj Bill. Essentially, we have suggested that all functions and control over local school, dispensary, ration shops, roads, street lights, etc. should be given to the people. Likewise, control over local officials dealing with these matters should also lie with Area Sabhas.

These amendments have been prepared after a series of consultations with eminent people and grassroots activists, including Supreme Court advocate Prashant Bhushan, social activist Anna Hazare, Maharashtra State Information Commissioner Vijay Kuvlekar, former Chief Secretary of Madhya Pradesh S C Behar, Former Commissioner of SC and ST Commission B D Sharma, etc.

We feel that if this draft is accepted, it would create effective and enduring institutions of local self governance in urban areas, which will enable and empower people to solve their local problems and realize their democratic rights.