DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

LOCAL SELF-GOVERNMENT

SUBJECT

SOCIOLOGY

NAME OF THE FACULTY

Mr. LAKSHMIPATI RAJU GARU

Name of the Candidate- Mansi Tiwari

Roll No. – 19LLB061
Semester-1st

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ACKNOWLEDGEMENT

I would like to extend my sincere thanks to our sociology faculty, Mr. Laxmipati Raju Garu,
who gave me this golden opportunity to do this wonderful project on the topic “ Local Self
Government”, which also helped me in doing a lot of research and I came to know many new
things.

Secondly, I would like to thank DSNLU, for providing me with all the required materials and
my friends, who helped me in finishing this project within the limited time.

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TABLE OF CONTENTS

 Introduction ………………………………………………………………………….5
 Democratic Decentralisation ………………………………………………………...6
 Significance of Local Self Government ……………………………………………..7
 Evolution of Local Self Government ………………………………………………..8
 Lord Rippon’s Resolution on Local Self Governmnet, 1882 …………………….12
 Balwant Rai Mehta Committee…………………………………………………….13
 Ashok Mehta Committee …………………………………………………………..14
 GVK Rao Cmmittee ………………………………………………………………..14
 LM Singhvi Committee……………………………………………………………. 15
 The Urban Local Self Governement ……………………………………………….16
 The Rural Local Self Government …………………………………………………18
 Women participation and Women Empowerment ………………………………..19
 Cases related to local self-government …………………………………………….23
1. K. Krishna Murthy & Ors vs Union Of India & Anr…………………… 23
2. Sujit Vasant Patil vs State Of Maharashtra And Ors…………………… 23
3. Mohd Rashid Ahmad Etc vs State Of U.P. & Anr………………………..24
4. Indus Towers Ltd vs The Sub Inspector Of Police ………………………25
5. Richhpal Singh And Ors. vs State Of Rajasthan………………………….25
6. Maju Balakrishnan vs State Of Kerala…………………………………... 26

INTRODUCTION-

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Local Self- Governments are those bodies that look after the administration of an area or a
small community such as a village, a town or a city. Local Self-Government operates at the
lowest level of society. It works at the grass-root level, close to the people, touching their
everyday life. Local Self-Government is the management of local affairs by such local bodies
who have been elected by the local people. These local bodies provide services to the local
community as well as acts as an instrument of democratic self-government. Local Self-
Government is a form of government that has no share in sovereignty and is thus entirely
subordinate to central authority or, in a federal system, to state or regional authority. This level
of government is recognised by the people as they are close to the citizen and involve them in
the decision making process.

AIM OF THE STUDY-

The main purpose of the study is to research about “Local Self Government”.

LITERARTURE REVIEW-

To study the literature that is taken from books, journals, online sources, articles on the topic
given and to review research studies taken by others.

OBJECTIVE OF THE STUDY-

The objective of our study is to give a detailed explanation about the Local Self Governments.

RESEARCH METHODOLOGY-

The researcher opted for the Doctrinal method of approach to go through the detailed research
of the given topic.

SCOPE OF STUDY-

The researcher will study the Local Self Governments.

ANALYSIS OF DATA-

Data collected is here by analysed through the sources, the data may be learnt through different
variables available in detail.

CONCLUSION-

Conclusion will be drawn based on the analysis drawn from the research. It is done in a
comprehensive way.

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INTRODUCTION
The concept of local self-government is known to Indian since ancient times. During the vedic
age, there existed village assemblies known as ‘Sabha’ and ‘Samiti’. Gradually cities and
Towns came into prominence. They also enjoyed greater level of autonomy in administration
as witnessed during the Mauryan and Gupta period.The system of local self-government in its
modern sense was revived during the British period.In a democratic country power is
decentralized and shared at different levels. Apart from the Central and State Government, the
administration at the local level is handled by the local government in urban as well as rural
areas. The local Self-Government ensures effective people’s participation and ensures overall
development. These small units of government enable people to feel a sense of responsibility
and understand values of democracy.In India the Local Self Government is broadly classified
into two categories that is Rural and Urban.The Urban local bodies include Municipal
Corporations,Municipal Councils and Nagar Panchayat. The rural local bodies in corporate
ZillaParishad, Panchayat Samiti and Gram Panchayat.

Local Self- Governments are those bodies that look after the administration of an area or a
small community such as a village, a town or a city. Local Self-Government operates at the
lowest level of society. It works at the grass-root level, close to the people, touching their
everyday life. Local Self-Government is the management of local affairs by such local bodies
who have been elected by the local people. These local bodies provide services to the local
community as well as acts as an instrument of democratic self-government. Local Self-
Government is a form of government that has no share in sovereignty and is thus entirely
subordinate to central authority or, in a federal system, to state or regional authority. This level
of government is recognised by the people as they are close to the citizen and involve them in
the decision-making process.

The jurisdiction of a Local Government is limited to a specific area, a village or a city, and its
functions relate to the provision of civic amenities to the population living within that area.
According to V.V. Rao, Local Government is “that part of the government which deals mainly
with local affairs, administered by authorities subordinate to the state government but elected
independently of the state authority by the qualified residents”. In simple language it may be
said that a Local Government is a statutory authority in a specified local area having the power
to raise revenue through taxes for the performance of local services like sanitation, education,

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water supply, etc. It is constituted by elected representatives of the local people and enjoys
considerable autonomy from state or central control sufficient to enable it to perform its
services adequately.

DEMOCRATIC DECENTRALISATION

A democratic polity involves the decentralization of power through which that the affairs of
the local people are managed by means of their positive participation. It implies the extension
of democracy at the grassroots level. It signifies marked devolution of power from the higher
to the lower levels in a way that the units of Local Government exercise their authority with
the participation of the people of that area with occasional control and supervision of the
provincial and central governments.Democratic decentralisation is that process of
decentralisation which conforms to the basic tenets of democracy. It implies a council of
elected representatives at the decentralised level of administration which would be
accountable to its electorate. Elections to these councils may be direct or indirect. Democratic
decentralisation seeks to widen the areas of people’s participation, authority and autonomy
through dispersal of powers. It is the very base of the development of the people at the grass
roots level. Democratic decentralisation offers opportunities to the people at grassroots level
to participate in decision making.

The concept of democratic decentralisation is intimately associated with the idea of Local
Self- Government. Democratic decentralisation is a political ideal and Local Self
Government is its institutional form. The institution of Local Self- Government includes both
rural and urban local bodies. In India, the Panchayati Raj Institutions (Rural) and the
Municipal bodies (Urban) provide institutional frameworks for democratic decentralisation.
The Constitution provides a clear mandate for democratic decentralisation not only through
the Directive Principles.

SIGNIFICANCE OF LOCAL SELF GOVERNMENT

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The significance of local self-government lies in the numerous benefits that it bestows upon
the inhabitants of the areas it operates in. It functions as a school of democracy wherein citizens
are imparted political and popular education regarding issues of local and national importance.
It develops qualities of initiatives, tolerance and compromise- so essential for the working of
democracy. It not only relieves congestion at the centre but it also checks the increasing power
of democracy. It stands positively for the distribution and diffusion of power leading to
administrative de- concentration and de- centralization. Being closer to the original base, it
finds solution for local problems more efficiently. It provides facilities for minimum basic
needs. It also serves as a reservoir of talents for local and national leadership. Government of
India formulated E-Panchayat Mission Mode Project for e-enablement of all the Panchayats,
to make their functioning more efficient and transparent. Applications except Geographic
Information System (GIS) namely Area Profiler, Service Plus, Asset Directory, Action Soft,
Social Audit and Trainings Management have also been launched on the occasion of National
Panchayat Day. Under the National Panchayat Portal dynamic websites have been created for
Panchayats of seeing an active content upload. local Governance Directory captures details of
local governments and assigns unique code to all Panchayats to ensure interopertability
amongst all applications of Panchayat Enterprise Suite. It also maps Panchayats with Assembly
and Parliamentary Constituencies.

In various Centrally Sponsored Schemes and Additional Central Assistance the Panchayati Raj
Institutions have been given centrality. Saakshar Bharat Mission, is a programme aimed at
creating a literate Society through a variety of teaching learning programmes for non-literate
and neo-literate of 15 years and above, for which the program involve community Panchayati
Raj Institutions and women self-help groups in its endeavour. Each panchayat would have a
lok Shiksha Kendra with a male and a female prerak, elected by the panchayat, to monitor the
volunteers under the mission. Backward Regions Grant Fund (BRGF) provides untied grants
to the Panchayats in the backward regions in order to reduce development deficits of the
country, with the requirement that the District Plans for utilization of the grant be prepared by
the involvement of the Gram Sabhas. Panchayat MahilaRsEvam Yuva Shakti Abhiyan aims to
enable women and youth Panchayat leaders to come together to articulate their problems as
women Panchayat leaders. E-Panchayat for computerizing the databases, accounts and other
functions of the Gram Panchayats for accountability and transparency. Panchayat
Empowerment & Accountability Incentive Scheme To recognize and incentivize the efforts of
Panchayats with respect to transparency, accountability and efficiency and of States with

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respect to devolution of funds, functions and functionaries to Panchayats. Rural Business Hubs
(RBH) aims to assist the Panchayats to empower rural labour productivity by providing forward
backward linkages with technical assistance in Public-Private-Partnership. Mahatma Gandhi
National Rural Employment Guarantee Act (MGNREGA) where Panchayats at district,
intermediate and village levels are the principal authorities for planning and implementation of
MGNREGA. Rashtriya Gram Swaraj Yojana (RGSY) aims at capacity building and training
of the elected representatives of Panchayati Raj Institutions as well as the Functionaries.

Symbolizing democracy by local government, GDH Cole ideologist point out “democracy is
nothing unless it means, in the last resort, letting the people have their own way, not only in
the mass, by means of an aggregate vote in a nation-wide scale, but also in their lesser groups
and societies of which the greater societies are made up, and through which it is made articulate
in such a way that the less clamorous voices can be heard”. The importance of local self
government has all the more increased with the advent of Indian independence. They are
expected not only to provide for the basic civic amenities for the safety and convenience of the
citizens but also mobilize local support and public cooperation for the implementation of
various programmes of welfare. Another benefit of the local government is that the
transmission of power from bureaucrats to the democratically formed local government has
positively checked the influence of bureaucracy. Thus it can be said that the local government
ensures close relationship between the people and the higher level of governments through this
device of communication.

EVOLUTION OF LOCAL-SELF GOVERNMENT IN INDIA

Local Self-government in India has a long and chequered history. Although the form in which
it exists today is much different from the system which prevailed in the ancient and medieval
periods, Local Self-government was more real and substantial in the past than in the days of
the British rule. If every village had then a self-governing body, it meant that almost all people
enjoyed the advantages of Local Self-government, ’Panchayat has an ancient flavour; it is a
good word. It literally means an assembly of five elected by the villagers. It represents the
system, by which the innumerable village republics in India were governed".

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Thus, the conception of Local Self-government is not foreign to the genius of the people of
India. Dynasties and empires have risen and fallen, but Local Self-governments have survived.
In the stability and continuity of Indian village life and organization is to be sought the secret
of the good things achieved by India in the past.

The village assemblies mentioned in the ancient classics like the Sangam literature dealt with
common matters of the village. A plethora of literary and epigraphical evidence is available to
bear witness to the existence and working of the rural institutions of those days in South India.3
Similarly, units of Local Self-government such as Sabhas, Urs, Nagarams, Nadus and
Mandalams existed under the Chola, Pallava, Pandya and Vijayanagara kingdoms.

The Panchayats exercised power in various spheres of life Ijke the industrial, commercial,
administrative and social including education and religious functions. They have been extolled
as ’Separate little States in themselves, which have contributed more than any other cause to
the preservation of the people of India through all the revolutions and changes, which they have
suffered and, also to their happiness and the enjoyment of freedom".

 ORIGIN OF LOCAL SELF-GOVERNMENT

The genesis of the Local Self-government in India can be traced to the Vedic Age, when
peoples’ assemblies called the ’Sabha’ had existed.5 Coming to historical times one can
witness models of Local Self-government both in the rural and urban set up. The authority of
the State was accepted only in certain spheres, while other spheres were left to be regulated by
other organisations in society like, guilds of merchants, and other groups. This principle was
applied to village communities and they consequently enjoyed a large amount of autonomy.

The largest number of villages in South India had an assembly called Ur^ But the Brahmadeya
villages, namely those bestowed as royal gifts on Brahmins, had their own assemblies known
as Sabha or Mahasabha.7 The Uttaramerur inscriptions of A.D 919 and 921 picture vividly the
administration of a Brahamadeva village in the days of the Cholaemperor, Parantaka I. These
inscriptions are in the form of regulations by the king.

In them we find details as to how members of a Sabha have to be elected in a democratic way,
although the method adopted for the purpose might not be democratic in the modern sense. The
selection was through picking up by lot. Membership went by rotation so that the same persons
or their relations might not continuously sit on the committees. The regulations also prescribed
the qualifications and disqualifications in respect of the membership on the various committees

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It may be noted that towns and cities in ancient India had institutions in the form of assemblies,
committees and boards though the chief administrator appointed by the State - the Nagaraka or
the Purapala - held vast powers. The ancient Tamilaham had urban organisation known as
Naaarams.13 Megasthenes’ description of the government of Pataliputra by a committee of
thirty members divided into six sub-committees comes close to a model of urban administration

Urban organisations seem to have had a much less uninterrupted history than that of the
villages, which have survived the onslaughts of Muslim and Vijayanagara invasions in the
South. The Muslim rulers in medieval India accepted the principle of local autonomy and
village authorities continued to enjoy their traditional freedom.15 In evaluating the significance
of these time-honoured rural institutions, some enthusiastic writers had a tendency to present
an overdrawn picture about them. More often, the background of the social and political
conditions under which these institutions flourished have been ignored. The absence of
efficient means of transport brought about the isolation of villages. Isolation compelled each
village to become completely self-sufficient. It should be admitted, however, that the
indigenous system had served the needs of the people in a rough and ready manner and had
become thoroughly harmonized with their way of life.

 LOCAL SELF GOVERNMENT UNDER THE BRITISH RULE

The East India Company after taking over the administration continued the policy of the
Mughals to curb the powers of the local institutions. The Company slowly but steadily
destroyed the local institutions, especially village panchayats.

The beginnings of a modern system of local self-government had been made in 1687, when,
for the first time, a local governing body-a Municipal Corporation was set up for the city of
Madras. Then the Charter Act of 1793 established municipal administration in three presidency
towns of Madras, Calcutta and Bombay. In 1842 municipal administration was extended to
district towns in Bengal, when the Bengal People’s Act was passed. Provision was made in the
Act to set up a town committee for sanitary purpose, if two-thirds of householders in a town
demanded such a council. As the setting up of a municipality was an entirely voluntary affair,
no town came forward to ask for it. Later on due to the recommendation of the Royal Army
Sanitary Commission, the voluntary principle was abandoned, and provincial governments
were empowered to constitute municipal committees. As a result, a series of Acts were passed,

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which extended municipal administration to the various parts of the country. However it should
be noted that municipalities that had been established during this period were primarily as a
result of British initiative. They lacked popular support and continued to function more or less
as any other department of the respective states, without possessing the privileges of self-
government. Their main duty was to look after the sanitation and conservancy arrangements
under the supervision of the residence surgeon or other officer.

Writing about these village communities in 1830, Sir Charles Metcalfe stated:

They seem to last where nothing else lasts. Dynasty after dynasty tumbles down; Revolution
succeeds revolution; Hindu, Pathan, Mughal, Maratha, Sikh, English, are All masters in turn;
but the village communities remain the same. In times of trouble they arm and fortify
themselves: a hostile army passes through the country: The village Communities collect their
cattle within their walls, and let the enemy pass unprovoked. If plunder and devastation be
directed against themselves, and the force employed be irresistible, they flee to friendly villages
at a distance; but when the storm has passed over, they return and resume their occupations. If
a country remains for a series of Years the scene of continued pillage and massacre, so that the
villages cannot be inhabited the scattered villagers nevertheless return whenever the power of
peaceable Possession revives. A generation may pass away, but the succeeding generation will
return. The sons will take the places of their fathers; the same lands will be reoccupied by the
descendants of those who were driven out when the village was depopulated; and it is not a
trifling matter that will drive them out, for they will often maintain their post through times of
disturbance and convulsion, and acquire strength sufficient to resist pillage and oppression with
success. This union of the village communities, each one forming a separate little state in itself,
has, I conceive, contributed more than any other cause to the preservation of the people of India
through all the revolutions and changes which they have suffered; and is in a high degree
conducive to their happiness, and to the enjoyment of a great portion of freedom and
independence.

The year 1870 marks a further stage in the evolution of local Government. In that year, Lord
Mayo’s famous resolution which advocated a measure of decentralisation from the centre to
the provinces, emphasized the desirability of associating Indians in administration and
indicated the municipal Government as the most promising field for this purpose. The
resolution read : ’’The operation of this resolution in its full meaning and integrity will afford
opportunities for the development of self-Government, for strengthening municipal institutions

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and for the associations of natives and Europeans to a greater extent than here-to-fore in the
administration of affairs. The main features of this period are indicated below:

1. Local Self Government in India was introduced primarily to serve the British interests
rather than promote self-governing bodies in the country. The taxation enquiry
commission (1953- 1954) correctly points out: “it was the need for the association of
Indians with administration (in order, for one thing that taxes could be more readily
imposed and collected) that prompted the early British Indian administration to embark
on the introduction of local self-governing institutions in this country. The resolution
of Lord Mayo (1870) on financial de-centralisation also visualised the development of
local self-government institutions: But this was subordinate to the need for tapping local
sources of revenue and of effecting economy by decentralised administration.
2. Local Self Government institutions were dominated by the British and thus, most of the
Indian population remained deprived of participation in their functioning.
3. The dominant motive behind the institution of local self-government in India was to
give relief to the imperial finances.
4. Election as the basis of membership of local bodies was not introduced except in the
(old) central provinces. It may be pointed out that in 1881 four out of every 5
municipalities were wholly nominated bodies.

LORD RIPON’S RESOLUTION ON LOCAL SELF-

GOVERNMENT, 1882.
Lord Ripon is rightly regarded as the father of Local Self-Government in modern India. By the
time he became the Viceroy, the first generation of educated Indians, inspired by the ideals of
democracy and liberty emerged and they demanded a share in the Government of the country.
As a liberal, it was not possible for Lord Ripon to ignore such a demand. At the same time, he
felt that the time was not yet ripe for giving them a share in the central or provincial
Government and that they should be first trained in the sphere of local government. Such
training was possible, according to him, only when local bodies became elective and enjoyed
real powers and when the control exercised over them by the state was considerably reduced.
The resolution, which his Government issued in 1882, embodies these ideas and also answers
all the objections that were raised by the bureaucracy of those days against any extension of

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the powers of local bodies and giving them a democratic character. It is a comprehensive
resolution and deals with administrative areas, the constitution of local bodies, their functions,
finances and powers. Resolutions issued by government in subsequent years do not embody
any new principles not found in that of Ripon but only carry a step further their practical
application. It is thus the most important landmark in the evolution of local self-government in
modern India.

The local boards, both urban and rural, must everywhere have a large preponderance of non-
official members. In no case ought the official members to be more than one-third of the whole,
unless in places in which the elective system is followed, when merely on the ground that he
was in the service of Government. Nonofficial members of the boards should hold office for at
least two years after election or appointment; but probably the best rotation of a fixed
proportion of members, these retiring being eligible to sit again. Another point deserving notice
is the control that should be exercised over the execution of local works. It will not always be
possible for a local board to entertain a competent engineer of its own; and in any case, when
Government buildings and important works of other kinds are made over for maintenance,
there must be some effective guarantee for thoroughness of execution.

Later, the conceptualisation of the system of local self-government in India took place
through the formation and effort of four important committees from the year 1957 to 1986.
It will be helpful if we take a look at the committee and the important recommendations put
forward by them.

 BALWANT RAI MEHTA COMMITTEE (1975)

Originally appointed by the Government of India to examine the working of two of its earlier
programs, the committee submitted its report in November 1957, in which the term
‘democratic-decentralization’ first appears.

The important recommendations are:

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  Establishment of a three-tier Panchayati Raj system – gram panchayat at village level
(direct election), panchayat Samiti at the block level and Zila Parishad at the district level
(indirect election).
 District Collector to be the chairman of Zila Parishad.
 Transfer of resources and power to these bodies to be ensured.

The existent National Development Council accepted the recommendations. However, it did
not insist on a single, definite pattern to be followed in the establishment of these institutions.
Rather, it allowed the states to devise their own patterns, while the broad fundamentals were to
be the same throughout the country.

Rajasthan (1959) adopted the system first, followed by Andhra Pradesh in the same year.
Some states even went ahead to create four-tier systems and Nyaya panchayats, which served
as judicial bodies.

 ASHOK MEHTA COMMITTEE (1977-78)

The committee was constituted by the Janata government of the time to study Panchayati Raj
institutions. Out of a total of 132 recommendations made by it, the most important ones are:

 Three-tier system to be replaced by a two-tier system.

 Political parties should participate at all levels in the elections.
 Compulsory powers of taxation to be given to these institutions.
 Zila Parishad to be made responsible for planning at the state level.
 A minister for Panchayati Raj to be appointed by the state council of ministers.
 Constitutional recognition to be given to Panchayati Raj institutions.

Unfortunately, the Janata government collapsed before action could be taken on these
recommendations.

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  GVK RAO COMMITTEE (1985)

Appointed by the Planning Commission, the committee concluded that the developmental
procedures were gradually being taken away from the local self-government institutions,
resulting in a system comparable to ‘grass without roots’.

 Zila Parishad to be given prime importance and all developmental programs at that level
to be handed to it.
 Post of DDC (District Development Commissioner) to be created acting as the chief
executive officer of the Zila Parishad.
 Regular elections to be held

 L M SINGHVI COMMITTEE (1986)

Constituted by the Rajiv Gandhi government on ‘Revitalisation of Panchayati Raj

institutions for Democracy and Development’, its important recommendations are:

 Constitutional recognition for PRI institutions.

 Nyaya Panchayats to be established for clusters of villages

Though the 64th Constitutional Amendment bill was introduced in the Lok Sabha in 1989 itself,
Rajya Sabha opposed it. It was only during the Narasimha Rao government’s term that the idea
finally became a reality in the form of the 73rd and 74th Constitutional Amendment acts,
1992.

Panchayati Raj System under 73rd and 74th Constitutional

Amendment acts, 1992
The acts of 1992 added two new parts IX and IX-A to the constitution. It also added two new
schedules – 11 and 12 which contains the lists of functional items of Panchayats and
Municipalities. It provides for a three-tier system of Panchayati Raj in every state – at the
village, intermediate and district levels.

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What are Panchayats and Municipalities?

 Panchayat and Municipality are the generic terms for the governing body at the local
level. Both exist as three tier systems – at the lower, intermediate and upper levels.
 The 73rd Constitutional Amendment act provides for a Gram Sabha as the foundation
of the Panchayati Raj system. It is essentially a village assembly consisting of all the
registered voters in the area of the panchayat. The state has the power to determine what
kind of powers it can exercise, and what functions it has to perform at the village level.
 The 74th Constitutional Amendment act provides for three types of Municipalities:
1. Nagar Panchayat for a transitional area between a rural and urban area.
2. Municipal Council for a small urban area.
3. Municipal Corporation for a large urban area.
 Municipalities represent urban local self-government.
 Most of the provisions of the two acts are parallel, differing only in the fact that they are
being applied to either a Panchayat or a Municipality respectively.
 Each Gram sabha is the meeting of a particular constituency called ward.
 Each ward has a representative chosen from among the people themselves by direct
election.
 The chairperson of the Panchayat or Municipality at the intermediate and district level
are elected from among these representatives at the immediately lower level by indirect
election.

THE URBAN LOCAL SELF GOVERNMENT

In urban areas a variety of local self-government institutions are found. They are as follows:

 THE MUNICIPAL CORPORATION

This system was introduced by the Britishers first in Madras and then in Bombay and Calcutta
. The current structure of Municipal administration is largely based on Lord Ripon’s reforms
on local self-government introduced in 1882.The 1992 Act brought uniformity in municipal

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bodies. TheMunicipal Corporations were set up for highly urbanized areas,Municipal Councils
for smaller urban areas and Nagar Panchayat for areas in transition phase from rural to urban.
The State legislature is empowered to make laws related to functioning and powers of the local
government.The Municipal Corporation consists of the Council, where in representatives from
every ward are elected by the people known as Councillors for the term of five years.The Mayor
and Deputy Mayor are elected by the Councillors for a period of two and half years. They enjoy
great honour in the city. Mayor is regarded as the first citizen of the city.The MPs, MLAs are
the ex-officio members of the corporation. The Chief Executive Officer is appointed through
the Indian Administrative Services (IAS) known as the Municipal Commissioner. The entire
administrative staff is also appointed by the State. The corporation also nominates some
selected citizens as its members.

Functions of the Municipal Corporation

It includes wide variety of duties to be performed by the corporations to ensure overall

development of the city i.e.economic, social, health and sanitation, infrastructure etc. The
functions of Municipal Corporations are classified as obligatory and voluntary. Some of them
are listed as follows:

Obligatory functions

Sanitation of hospitals, roads, maintenance of drainage of city, Water supply for public and
private purposes,Establishing hospitals, child and maternity welfare centres,Providing street
lights, cleaning of garbages from the city roads,Registration of birth and death,Maintenance of
bridges and public buildings,Providing primary education by setting up schools,Naming of
streets and numbering of streets and houses

Voluntary functions

Constructing and maintaining public parks, gardens, libraries,museums, swimming pools,

recreation centers etc.,Providing shelter to old, street children, destitute, orphans etc., Survey
of buildings, lands etc.

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  MUNICIPAL COUNCIL

The smaller cities are looked after by Municipal Councils.When the cities grow in size of
population it is transformed under the administration of Municipal Corporations. The Council
consists of; The Council members are elected by the people for the term of five years.
President and Vice-President are elected by the members ofthe Council for the term of two
and half years. The President is honoured as the first citizen of the town. Each Council has
among its appointed Staff, one Executive Officer and its subordinate staff and nominated
selected citizens of the town.

Functions of the Municipal Council:

The functions of the Municipal Council are similar to that of Municipal

Corporations which includes some obligatory functions and some voluntary functions. To
perform these functions various committees are created, namely, Public Works Committee,
Education Committee, Sanitation Committee, Water Supply Committee, Planning and
Development Committee, Women and Child Welfare Committee.

 NAGAR PANCHAYAT

The composition and functions of the Nagar Panchyat are similar to Municipal
Councils. Nagar Panchayats are established in those rural areas to be soon transformed
into urban. Nagar Panchyat is formed according to the 74th constitutional amendment.

THE RURAL LOCAL SELF GOVERNMENT

The rural local self-government in India is also described as ‘Panchayat Raj’. It was a major
step taken for the upliftment of rural areas and to ensure rural development. On the basis of
Balwant Rai Mehta Committee, Rajasthan was the first state to establish Panchayat Raj in
India.There after entire rural India came under this system. The main aims of the Panchayat
Raj system was to promote social and economic development of rural areas, to make villages

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self-reliant and to provide with political education and training to rural people. Under the
committee’s recommendation a three-tier system of local government was established which
is as follows:

 Zilla Parishad:

It is a local government body at the district level. It looks after the administration of
rural areas in a district. The members to the Parishad are elected by the people for the term
of five years.Some seats are reserved for SC, ST, OBC and women. The President and Vice-
President are elected for the term of two and half years. The Chief Executive Officer is
appointed by the State government through Indian Administrative Services.The main
functions of the Zilla Parishad include providing of facilities and initiating development
programmes for the rural people. It houses various committees like Finance, Education,
Health, Agriculture, Child Welfare, Animal Husbandry, Public works,Water supply and
irrigation etc.

 Panchayat Samiti:

The Panchayat Samiti is formed at the taluka level. Every Panchayat Samiti is headed
by the Chairperson. In the absence of Chairperson, the Deputy Chairperson performs his
functions.The Block Development Officer (BDO) is the executive head of the Panchayat
Samiti. He is appointed by the State government.

 Gram Panchayat:

It works at the village level. It is formed in a village which has minimum population
or else two or more villages are clubbed together. Sarpanch is the head of the Gram
Panchayat. He supervises and implements the resolutions passed by the Gram Panchayat.
In his absence Deputy Sarpanch looks after the affairs of the village.
The functions of the Gram Panchayat includes looking after the basic amenities of
the village. Gramsevak is appointed by Zilla Parishad to carry out the routine work of the

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 Gram Panchayat.

Women Participation and Women Empowerment

Women, who constitute half of the human population, have been denied their due share in
politics not only in India but also in the whole world. It is very surprising that even developed
western countries do not have proper representation of women in politics. Discrimination on
gender basis is a worldwide phenomenon. Women are treated as weaker sex in all societies.
Legally, most modern democratic constitutions of the world including that of India have
established the equality of men and women in matters of political rights, but in practice their
participation in active politics does not appear to be very encouraging.

As women comprise about half of the population, this segment of society cannot be ignored
but requires a special attention. We have to know the nature of their participation. Without
which we would not be in a position to have a true eye upon democratic participation and to
frame right policies and strategies. A democracy will fail in its objective if a vast number of
citizens i.e., women lack equal opportunity to participate in the governmental decision-
making process. They are equal partner in the nation building and political development.
The 73rd and 74th Amendments to the Constitution of India are really encouraging and
praiseworthy efforts of the Government of India to provide opportunities to women to take
part in the political and developmental affairs at local level, which is the very foundation of
the democratic structure of the country.
Women empowerment refers to the process of strengthening the hands of women who
have been suffering from various disabilities, inequalities and gender discrimination. It
is a process in which women gain control over their own lives by knowing and claiming
their rights at all levels of society, viz., international, national, local and household. It is
nothing but a religious, cultural and legal struggle against oppression, injustice and
discrimination. In short, it is the ability to organize and mobilize for change and enable
the individual group to direct their own life and reach a stage where they are more likely
to succeed in whatever they attempt to do. It is an ongoing process and not an end by
itself.The focus of women empowerment is equipping women to be economically
independent, self- reliant, have a positive self-esteem to enable them to face any difficult
situation and they should be able to participate in the process of decision making.

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Women empowerment as a phenomenon is not something absolutely new. It has been there
throughout history in almost all societies. What could be considered as new is its increasingly
coming out in public; it’s having been shifted and reshaped from women’s welfare to their
development to women’s empowerment. The first ever world conference on women was
held in Mexico in 1975 to address the issue of gender inequality. Due to the efforts of the
UNO, the issue of empowerment of women became an international issue. The UN declared
the year 1975 as the International Women’s Year. The UN Declaration of 1975 compelled
the national governments to shift their emphasis on women’s programmes from welfare to
development. The declaration prescribed for the all-round development of women. It was
followed by a second World Conference on women at Copenhagen in 1980 and a third World
Conference on women in Nairobi, 1985. The fourth World Conference on women was held
in Beijing, 1995. The Conference unanimously passed a resolution on “gender equality”.

Five Year Plans and development of Women in India

In India the development of women has always been the central focus in the developmental
planning. After independence there have been various shifts in the policy approaches from
the concept of welfare in 1970s, to development in 1980s, and empowerment in 1990s. Ninth
Plan (1997-2002) emphasised that Empowerment of Women is the agents of social change
and development. India has heralded the new millennium by pronouncing the year 2001 as
Women’s Empowerment year. In order to address the concerns of women in society, the
Government of India adopted a National Policy for the empowerment of women in 2001.
The goal of this Policy is to bring about the advancement, development and empowerment
of women and to eliminate all forms of discrimination against women and to ensure their
active participation in all spheres of life and activities.

The Tenth Plan (2002-2007) adopted 3 fold strategies for empowering women based on the
prescriptions of the National Policy for empowerment of women. These are (i)Social
Empowerment through creation of an enabling environment through various affirmative
developmental policies and programmes for development of women besides providing them
easy and equal access to all the basic minimum services so as to enable them to realize their
full potentials, (ii)Economic Empowerment by making women economically independent
and self-reliant through training, employment and income-generation activities with both
forward and backward linkages; and (iii)Gender Justice by eliminating all forms of gender
discrimination and to allow women to enjoy rights and fundamental freedom within all

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spheres, viz., political, economic, social, civil, cultural, etc.

Eleventh plan (2007-2012) for the first time recognised that women are not just as equal
citizens but as agents of economic and social growth. The eleventh plan suggested some
measures in order to bring gender equality. These are: (i) Provide women with basic
entitlements, (ii) Address the reality of globalization and its impact on women by prioritizing
economic empowerment, (iii) Ensure an environment free from all forms of violence against
women(physical, economic, social, psychological, etc.,), (iv) Ensure the participation and
adequate representation of women at the highest policy levels, particularly in Parliament and
State Assemblies, and (v) Strengthen existing institutional mechanisms and create new ones
for gender mainstream and effective policy-implementation

Development of women has always been the central focus in the developmental planning of
India. But the social structure of Indian society gives women a secondary position. They are
oppressed in all spheres of life and are treated as weaker sex. This has affected their all-
round development. They lag behind in terms of economic participation, education and
political participation. Women, who constitute half of the population, could not be neglected
for long. Their exclusion from mainstream of social and political life is bound to create
hindrance in the development process, and prosperity of the nation is bound to be adversely
affected. Discrimination in any form against women goes against the principle of equality
as enshrined in our Constitution.

In order to ensure empowerment of women in political arena, the issue of reservation of 1/3rd
seats for women in grass-root level organization was taken up by different women’s
organizations and social thinkers. Accordingly, the Government of India passed the 73rd and
74th Constitutional Amendment Acts in 1992. These Acts provide 33% reservation of seats
for women at all levels of both rural and urban elected bodies. Similarly, one-third positions
of Chairpersons and Deputy Chairpersons in local bodies have been reserved for women.
Reservation mainly provided to ensure their participation which will eventually lead to their
empowerment and make them effective partner in the development process. It is assumed
that political and economic empowerment will improve conditions of women and they will
be closer to getting justice and equality. Since the urban and rural local bodies play a vital
role in ensuring people’s participation in the development process, it is felt that political
empowerment of women through reservation of seats in rural and urban local bodies will
train them in exercising their power in decision making and remove social and economic

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discriminations against them.

CASES RELATED TO LOCAL SELF GOVERNMENT

 K. KRISHNA MURTHY & ORS vs UNION OF INDIA &

ANR 1
It was pointed out that even though the 73rd and 74th Amendments enacted in 1993 had given
constitutional recognition to the local self-government institutions, it could not be asserted
that reservations in favour of weaker sections had not been contemplated before that point of
time. To support this line of reasoning, the written submissions submitted on behalf of the
Union of India have traced the evolution of local self-government institutions from the pre-
constitutional period to the post-independence period. After referring to the main
recommendations of the Balwantrai Mehta Committee Report (1957) and the Ashok Mehta
Committee Report (1978) which were in favour of democratic decentralisation, it was urged
that reservations in local self-government were intended to enable the adequate representation
of previously excluded and marginalized groups while also giving them the opportunity to play
leadership roles. The learned SG further contended that the spirit behind Arts.

 SUJIT VASANT PATIL vs STATE OF MAHARASHTRA

AND ORS. 2
Whether in the matter of scrutiny and verification of the caste certificate and/or the caste claims
of candidates elected to the Local Self-Government, the procedure laid down by the Apex
Court in Kum. Madhuri Patil's case so also the procedure prescribed by the Resolution dated
1st January 1998, 19th April 1999 and 25th January 2000 could have any application even
before coming in force of Act No. XXIII of 2001 for the reason that Local Self-
Government Acts were holding field and more so in view of the bar contained in Article 243-

1
K. Krishna Murthy & Ors vs Union of India & Anr, AIR 2010
2
Sujit Vasant Patil vs State Of Maharashtra And Ors. on 6 August, 2004

~ 23 ~
O and 243-ZG of the Constitution of India and other statutory provisions contained in
the Local Self-Government Act providing for a remedy of an Election Petition?

 MOHD RASHID AHMAD ETC vs STATE OF U.P. &

ANR. 3

On September 5, 1966, the Governor promulgated the U.P. Local Self-

Government (Amendment) Ordinance, 1966, which was replaced by the U.P. Local Self-
Government Laws (Amendment) Act 1966. Section 19 of the Act reads as follows:

"19. Deeming, validation, etc. The Uttar Pradesh Palika (Centralised Services Rules,
1966, shall be deemed to have been made under the provisions of the Uttar Pradesh
Nagar Mahapalika Adhiniyam, 1959, and the U.P. Municipalities Act, 1916, as if the
amendments made by this Act to the said Acts were always in force and be deemed to
be and always to have been valid and shall, subject to any amendments made thereto,
continue in force, and notwithstanding anything contained in the said Acts, the power
to make amendments to the said rules may, during the period ending on September 4,
1967, be exercised retrospectively."

It must at once be stated that though the State Government had by its circular dated January
31, 1967 entrusted the task of determining the suitability or otherwise of officers and servants
holding Centralised Services posts drawing less than Rs. 500/-, to Divisional Committees, and
reserved such function in respect of officers and servants drawing Rs 500/- or more, to the State
Selection Committee, and by its subsequent circular dated February 23, 1967 maintained the
classification of such officers and servants for purposes of judging their suitability for
absorption in the Centralised Palika Services, the final orders of absorption in each case under
s.112A were passed by the State Government. In the former class, the recommendations of
Divisional Committees were scrutinised by the State Government in
the Local Self- Government Department, in the light of the service records of the officials
concerned, and the necessary orders thereon were passed. In respect of the latter category, the

3
Mohd Rashid Ahmad Etc vs State Of U.P. & Anr on 15 December, 1978

~ 24 ~
Secretary to the Government, Local Self Government Department prepared a note and put it
up for the Minister for passing the final orders.

 INDUS TOWERS LTD vs THE SUB INSPECTOR OF

POLICE 4
Learned counsel for the petitioners have further submitted that the guidelines issued by
the Government from time to time, which is produced in W.P(C) No. 19527/2014, does not
run contrary to their demand and even assuming that the party respondents has any complaint
regarding installation of MT Towers they have to approach such authorities. Reference is made
to the recent notification dated 2.8.2014 issued by the Government of Kerala, Information
Technology Department. By virtue of the aforesaid Government Order, all
earlier Government Orders in this regard have been superseded. The Government decided to
constitute a District Telecom Committee (DTC) consisting of 14 members to consider the
grievances raised by the public regarding installation of mobile towers and certain duties and
functions have also been stipulated, which inter alia included consideration of public
grievances, power to send recommendations to the Local self Government Institution to
cancel permits granted by local authorities, to issue stop memo, to take action for violation
of Government of India or State Government guidelines, Building Rules, etc., and certain
other matters relating to the same. Similarly, a State Telecom Committee (STC) is also
constituted as an appellate body.

 RICHHPAL SINGH AND ORS. Vs STATE OF

RAJASTHAN 5
It is contended that the State has no legislative competence to provide for examination to be
conducted by the Rajasthan Public Service Commission, hereinafter referred-to as "the RPSC"
for appointment to the service of the Panchayat inasmuch as the Panchayat as defined

4
Indus Towers Ltd vs The Sub Inspector Of Police on 10 January, 2008

5
Indus Towers Ltd vs The Sub Inspector Of Police on 10 January, 2008

~ 25 ~
under Article 243(d) of the Constitution means an instrument of Self Government constituted
under Article 243B for the rural areas. As provided under Article 243G, the Legislature of a
State endows the Panchayats with such powers and authorities as may be necessary to enable
them to function as institutions of Self Government. Article 321 of the Constitution empowers
the State legislature to impose additional functions on the State Commission regarding the State
Services, local authorities, public institutions or any authority constituted by law. Apparently,
it does not include Panchayat Services i.e., Self-Government. The Constitution having
conferred on Panchayat the status of Self Government, it cannot be termed as a local authority
or body corporate or public institution. It is vehemently argued that after 73rd amendment in
the Constitution, the Panchayat as a Self-Government is a sovereign body having both
Constitutional and Statutory status, addition to Union or State Government. There is no
corresponding amendment in Article 321 of the Constitution to empower the State Public
Service Commission to select candidates for the Panchayati Raj Institutions. It is re-emphasized
that the Panchayat is an institution of the Self Government as provided under Article
243(d) of the Constitution and the Self Government does not fall in any of the categories i.e.,
State or Local Self Government or Corporate Body or Public Institution.

 MAJU BALAKRISHNAN vs STATE OF KERALA 6

These Writ Petitions are filed by the Engineering staff of the Public Works Department
(P.W.D.) and Water Resources Department (Irrigation Department), challenging their
absorption in the newly formed Engineering Wing of the Local Self Government Department
(L.S.G.D.). In some cases, the newly promulgated Special Rules
for Local Self Government Engineering Service, 2007 are also under challenge. The persons
to be absorbed in the newly formed service are to be identified with reference to the cut off
date 1.1.2008, which is the date on which the above mentioned Special Rules came into force.
In some of the Writ Petitions, the fixation of that cut off date is also under challenge. In most
of the other Writ Petitions, mainly, individual grievances regarding absorption are highlighted.
In some cases, it is pointed out that juniors are being retained and seniors are deployed. In

6
Maju Balakrishnan vs State Of Kerala on 31 March, 2009

~ 26 ~
certain other cases, it is contended that even seniors, who have opted for deployment, are spared
and juniors, who did not opt, are being compulsorily sent to the new Department.

CONCLUSION
We know there is a government in India at the Center and State levels. But there is another
important system for local governance. The foundation of the present local self-government in
India was laid by the Panchayati Raj System (1992). But the history of Panchayati Raj starts
from the self-sufficient and self-governing village communities. In the time of the Rig-
Veda (1700 BC), evidence suggests that self-governing village bodies called ‘sabhas’ existed.
With the passage of time, these bodies became panchayats (council of five persons).

Local self-government implies the transference of the power to rule to the lowest rungs of the
political order. It is a form of democratic decentralization where the participation of even the
grass root level of the society is ensured in the process of administration. The village panchayat,
as a system of administration, began in the British days, as their offer to satisfy the demands
for local autonomy. They opened up the governance of the lowest levels to the citizens. The
GoI act, 1935 also authorizes the provinces to enact legislations.

Even though such minor forms of local governance was evident in India, the framers of the
constitutions, unsatisfied with the existing provisions, included Article 40 among the Directive
Principles, whereby:

“The state shall take steps to organize village panchayats and endow them with such powers
and authority as may be necessary to enable them to function as units of self-government.”

Later, the conceptualisation of the system of local self-government in India took place through
the formation and effort of four important committees from the year 1957 to 1986. It will be
helpful if we take a look at the committee and the important recommendations put forward by
them.

Importance of local self-government can be understood through the following points. In Local
Self Government people can obtain their democratic rights. Power can be properly

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decentralized and every individual can get the scope to develop his or her personality fully and
properly. The local self-governmental institutions are the best centers for imparting democratic
thoughts and education.The local self-government creates that scope for enjoying democracy.
The Local Self-government generally unites the people with democracy and encourages them
to participate in its activities without any bias or prejudice. The local self- government is
conducive to equality and liberty and the perfect medium for satisfying the needs and
grievances of the people at local and regional level.

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