Local Self Governing Institutions in Ind
Local Self Governing Institutions in Ind
Local Self Governing Institutions in Ind
Abstract: The aim of this paper is to analyse the issues and challenges linked with fiscal devolution to the local
self governing institutions in India. Local self Governing Institutions in India have been playing a prominent
role in implementing development programs. The 73rd amendment act and provisions of Panchayat Act (PESA)
have explicitly codified the role of such institutions with regard to implementation of development programs. It
is argued that local self-governing institutions on the basis of their time and place knowledge develops plans
and programs based on local needs and resources and implements such plans and programs keeping the
magnitude of social and political marginalization in mind. Devolution of powers to PRIs in India in last two
decades receives widespread importance because of increasing role played by such Institutions in promoting
development programs. It is argued that the Local Self-Governing Institutions can become instrumental by
promoting development in India, if require inter and intra institutional issues will be taken into consideration.
These institutions can perform effectively if needful fiscal, political and administrative powers will be provided
within an appropriate institutional framework. However, the issues related to fiscal devolution to local self-
governing institutions assume significant considering the current development role of PRIs in India.
The present paper critically examines the importance of Fiscal Decentralisation for local self-governing
institutions in Indian federation and how the Fiscal Decentralisation agenda for local level governing
institutions disturbed because of prevailing institutional and political compulsion. The analysis of this paper is
based on secondary source of information. The paper covered three broad aspects i.e. Decentralisation and
fiscal decentralisation, fiscal decentralisation to Local Self-Governing Institutions in India and issues as well as
challenges for fiscal decentralisation. The paper argues that factors like weak institutional design, absence of
appropriate mechanism, problem in federal structure and above all, prevailing political compulsion have
disturbed the fiscal devolution agenda of local levels government in India. Seen from the State specific
experiences with regard to status of fiscal devolution and recommendation of the State Finance commissions, it
is suggested that policies related to the States and local governments’ financial relationship need a fresh review.
The paper concludes with a broad assumption that local governments should have upper hand in designing
development programs and raising revenue in keeping the available local resources in mind.
Key Words: Decentralisation, Fiscal Decentralisation, Devolution, Panchayati Raj Institution (PRI), India.
I. Introduction:
Local self-governing Institutions in rural India are playing crucial role in implementation of
development programs in the current development scenario. These institutions have become instrumental in
designing development plans for the rural areas and implement such planed programs in keeping the available
fiscal and human resources in mind. The 73rd amendment act of Indian Constitution has widely purveyed a set of
legitimate powers to these institutions, with a stately objective to make them as institutions of self-government.
The powers and functions codified for these institutions under the purview of Indian Constitution has explicitly
pronounced the significance of these institutions with regard to rural development, poverty alleviation and
making service delivery effective. However, the current trend of functioning of rural local self-governing
institutions in India aptly provides a gloomy scenario because of their failure in tackling critical human
development issues. Despite the presence of a progressive governance system like Panchayatiraj, the rural areas
in India have faced severe human development challenges. It is argued that the decentralised governing
institutions can be able to provide an accountable and transparent administration in the case when certain
internal and external conditions will be fulfilled. The conditions like accountability, transparency, participation
and fiscal transfers are the key to make the PRIs effective and transparent. However, under the Indian Federal
Polity, it is believed that the nature of powers given to the PRIs is residual in nature, often considered as an
outcome of political willingness. There are also large scale inter-state disparities in the level of decentralisation
in the country (Asfaw et al: 2004)
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Local Self-Governing Institutions in India and Fiscal Decentralisation: Issues, Challenges and Policy
The Indian Constitution under its federal character has provided ample provisions for sharing the
powers between Centre and States as well as States and local governing institutions (both at rural and urban
level). The prominent federal characters include inter alia, division of powers between the Centre and States
through three lists i.e. Union list, State list and concurrent list. Centre-State fiscal relations have provided wide
array of sharing powers for revenue generation, taxation and expenditure of revenue under the framework of
Indian Constitution. Institutionalization of Central Finance Commission is another feature of Centre-State
Fiscal Relation. For the purpose of policy making, under Article 246, the subjects of governance are divided into
Union, State and concurrent lists. However, the legitimate evolution of local self governing institutions since
1992(73rd Amendment) has forced to re-examine the ongoing power-sharing mechanism between the Centre and
States in India. It is believed that, the local self-governing institutions in Indian federal polity, enjoying such
residual powers which are conferred by the State legislatures. The power sharing exercise between the States
and Local levels Government in India provides a dissenting scenario. Especially the fiscal power vested to the
Panchayati Raj Institutions (PRIs), often question the issue of rationalization in power devolution arena, thereby
provided a platform for academic discussion. Nonetheless, the last two decades of Indian Federal Polity has
witnessed extensive Fiscal policy reforms which tend to give a fresh academic overlook on Fiscal devolution to
the local governments.
The Local Self-Governing Institutions in India have evolved through a series of historical events, rules,
regulations, acts & commissions and finally reached in a revival stage in the form of 73 rd amendment act (1992)
& PESA Act (1996). It is argued that the political and economic theory of decentralisation have evolved over
the period of time, which paved the way for institutionalization of decentralised governing institutions in India
(Raghunandan: n.d). However, it is argued that the functioning of local self-governing institutions in India, has
encountered challenges, which are acute in the form of fiscal in nature. Such challenges hampered the
functioning of these institutions. Politicization of local democracy and existence of structural impediments to the
effective functioning of local self-governing institutions encourages local elite’s dominance in these institutions.
Devolution of fiscal powers to the PRIs has provided fruitless result. The issues of fiscal autonomy of these
institutions writ large, notwithstanding recommendations of Central & State finance commissions on that regard.
In the absence of transfer of fiscal powers, including powers of raising revenue from local sources, the PRIs
dependency on central & State Governments enhanced. Such situation has hampered the spirit of “self-
governing institutions” by reducing their functions as “implementing agencies” of government. In the context of
changing political scenario, party system and emergence of structural readjustment since 1991, the macro-
economic scenario has been going through a transition phase. Such scenario also paved the way for a fresh
analysis of Fiscal Devolution to the PRIs. The present paper is a modest attempt to understand the Fiscal
Devolution to PRIs under the present Indian Federal Polity context.
The analysis of this paper reflects two broad realms of functioning of Local Self-Governing
Institutions in India. In the First part there is a conceptual discussion about the concept and theory of
Decentralisation and Fiscal Decentralisation, Decentralisation in India and broad aspects of fiscal
decentralisation. The second part unfolds the current status of fiscal decentralisation to Local Self-Governing
Institutions in India and how as well as at what extent the PRIs have faced the issue of fiscal decentralisation in
India. The last section provides a set of policy recommendations for enhancing efficacy in fiscal decentralisation
to the PRIs in India.
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Local Self-Governing Institutions in India and Fiscal Decentralisation: Issues, Challenges and Policy
2002:90, Sangitha 2002:145, Breton 2002:41). However, the opponents have a different opinion who argued
that decentralisation is a harbinger of macro-economic failure, corruption and monopoly in local governance
system (Tanzi: 1995, Prud’homme:1995).
In a country like India, decentralization can be played a prominent role because of vastness in size,
population and diversified livelihood system. The decentralized governing institutions are believe to be provided
an accountable and transparent administration by nurturing people’s participation in implementation of
development program. Human development issues like Health, education, sanitation and drinking water, can
also be redressed effectively, through effective and vibrant decentralised institutions like PRIs. It is also argued
that appropriate power devolution with regards to Fiscal, political & administrative can enhance effectiveness of
Decentralized Institutions.
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Local Self-Governing Institutions in India and Fiscal Decentralisation: Issues, Challenges and Policy
According to Bardhan, the traditional theory of fiscal federalism now being extended to political economy
setting, with the introduction of transaction costs in the political markets, or political agency problems between
the ruler and the ruled, between the politicians/bureaucrats and the electorate, and for reasons mentioned above
these transaction and agency costs may be much more serious in the context of developing countries.
In the context of India, the Fiscal Decentralisation evolved gradually when there was a strong response
came from the academic and development practitioners circle with the flounder of centralized approach of
development and economy. The Indian Constitution, with its Federal Character also crated space for vesting
fiscal powers and autonomy to Local Levels Government. However, it is argued that, State level variances in the
context of fiscal decentralisation in the post-73rd amendment period, often provided insights to appropriate
policy reforms, in keeping the magnitude of poverty, inequality and in equate distribution of public resources.
Despite the enactment of 73rd amendment which clearly spelt out fiscal devolutions to PRIs and constitution of
State Finance Commissions, the fiscal scenario of PRIs in different States are provided asymmetrical (fiscal
devolution) scenario.
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Local Self-Governing Institutions in India and Fiscal Decentralisation: Issues, Challenges and Policy
The British Government’s policy towards the stepping of Panchayatiraj Institutions in India, as Institutions of
Self-Government was not impressive & praiseworthy. During this period, administrative and fiscal
centralization was a colonial necessity. At the same time the difficulty of administering a large country with a
number of principalities, different languages, cultures and traditions did force the Central government to
devolve some powers to regional units (Rao:2000). However, it is believed that despite the Centralised
administration and Fiscal policy of British Government, several steps were taken by the Government to provide
Panchayats to a new shape, through passing acts & rules in different period of time. Further, till the country’s
independence, several policy measures were taken by the British Government, including the government of
India Acts, 1919 & 1929, which paved the way for strengthening decentralised Governance in pre-independence
India. The Government of India Act, 1935 pronounced the era of federalism by adding the concept of “Quasi-
Federal” (Rao: 2000)
Local Self-Governance and Fiscal Decentralisation during Post-Independence Period: In the Post-
Independent period, the Indian constitution adopted Panchayat Raj system in the part of “directive principle of
states policy” as a part to decentralise the administrative powers to the grassroots. However, in the same time
the constituent assembly adopted Federal Form of Structure with an intention to make a Strong Centre. Johnson
(2003) mentioned that the most enduring image of decentralization in India is Gandhi’s vision of Village
Swaraj, in which universal education, economic self-sufficiency and village democracy would take the place of
caste, untouchability and other forms of rural exploitation. However, it is argued that till 1992, the Panchayatiraj
Institutions in India were enjoying no legitimate powers because of Centralised character of Indian Federalism
like strong union, centralised planning and programs for Economic Development. According to Rao (2000),
formally Indian Federalism was evolved as a two-tier structure until 1992. Nonetheless, local government units
existed both in rural and urban areas, which basically acted as agencies of the State Government. Despite the
presence of State specific initiatives in the States like Kerala, West Bengal, Karnataka and Odisha, the
Panchayati Raj institutions were in a dormant stage till 1992; due to different factors inter alia inadequate
powers, poor finances & lack of political will. The important component of Federalism i.e. Fiscal Federalism
which is based on assignment of adequate revenue powers to local levels government was hardly existed in
different States.
The 73rd Amendment Act: The 73rd constitution amendment act was a historic enactment which came into
force in 24th April 1993 with an objective to provide “constitutional legitimacy” to the Indian Panchayati Raj
Institutions. Such initiative provided impetus to the LSGs in India by devolving requisite powers & functions,
which are political and economic in nature. It is argued by the proponent of decentralized governance in India
that the 73rd constitution amendment act has ushered a greater degree of uniformity in structure(Three-tier),
Composition(reservation for SC,ST & Women), powers & functions(financial & planning), of these institutions
with an objective to achieve faster social & economic development.
The following are the important features of the act which pronounced the greater Fiscal autonomy for PRIs in
Devolution of powers & Functions including Fiscal Power: Devolution of powers including fiscal
India;
powers to PRIs are the most significant aspect that reflected through the 73 rd constitution amendment act. It
was suggested that the functions of 29 subjects under 11th schedule of Indian Constitution will be devolved
to the PRIs for ensuring effectiveness in functional aspects. However the current trend of power devolution
to PRIs have provided dismal scenario because of failures of different States in this regard particularly
Assignment of Revenue powers: The significant component of 73rd amendment is Fiscal powers vested to
regarding the devolution of fiscal powers.
PRIs. The important component of such process based on collection of tax revenue from local sources, as
assigned by the States to these Institutions. According to Oommen(2004) twenty eight types of taxes and
rates have been assigned to the local governments since after the enactment of 73 rd amendment which are
eminently local in character. But still the fiscal autonomy of the PRIs are largely regulated and controlled
Plan for Economic Development and Resource Management: Another significant aspect of Fiscal
by the State.
Autonomy is based on preparation of plan for economic development, with keeping the available resources
in mind. This has been provided in order to retain the autonomy of Local Self-governing Institutions as self-
government, which believed as another assay to provide fiscal autonomy. But the current trend of
promoting development program and resource management has become handy, because of existing macro
Institutionalization of State Finance Commissions (SFCs): The Institutions of State finance commissions
and micro level difficulties.
were created to examine fiscal relationships between the States & PRIs as well as Urban Local bodies
(ULBs) with regard to collection of tax revenues by the later & suggests the necessary recommendations
thereon. Article 243 (I) & 243(Y) spelt out the tasks of State Finance Commissions. State level experiences
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shows that the SFCS are become functional with a big question mark about the effective functioning of
these institutions in related to rationalizing fiscal relation between states & local governments. It is argued
that the SFCS have missed a great opportunity to contribute to the process of building fiscal federalism
(Oommen: 2010) & the recommendations of SFCs largely ignored which hampered the spirit of self-
governments (Palharya: 2003).
To summarise, the 73rd amendment to Indian Constitution has aptly provided Fiscal Powers to the
Local Self-Governing Institutions to make them more efficient and accountable. The act has also provisioned for
the constitution of State Finance Commission (SFCS) in the States to examine the Fiscal Scenario of Local
Governments and suggest suitable recommendations to the State to that extent. However, after the two decades
of enactment of 73rd amendment, the fiscal positions of PRIs in different States highly disarray and asymmetric
in nature. The problems of Fiscal Decentralisation have given two broad pictures i.e. Policy Failure or Failure of
State Governments and Failure of the local Governments. These broad issues are analyzed in the subsequent
section in order to understand the major gray areas and deduce policy suggestions.
Fiscal Decentralisation and Local Self-Governing Institutions in India: the gray areas: It is argued that
Fiscal Decentralization is the Fiscal Empowerment of lower tiers of government which involves the devolution
of taxing & spending powers along with the arrangements for rectifying mismatches in resources &
responsibilities (Oommen: 2006 cited in Fukasaku and De Mellow: 1999; Tanzi: 1996 & Oommen: 2004).
However, the current fiscal power devolution to PRIs in India has been providing two broad areas in which the
problems are prevailing.
Policy Failure: Rao (2011) argued that an important feature of a successful system of Fiscal Federalism is the
assignment of adequate revenue powers to sub-national governments to forge a strong link between revenue and
expenditures at the margin. However, experience from Different States reveals that, the Fiscal Devolution
process has more or less confined with the mere delegation of authority without devolving powers of taxation
and revenue generation. Failure of States to devolve the desired Fiscal Powers to the Local Level Governments
gradually turned these institutions as extended wing of State Governments. Especially in the case of Fiscal
Devolution, it has been observed mere Fiscal Delegation have done in different States, without devolving
powers, which has been affected the fiscal position of PRIs severely. There is no mechanism devised to
assess(mapping) the potential source of revenue of PRIs, therefore no mandatory targets have been set in this
regard, which is another policy gap. SFCs recommendations are not taken seriously in the States like Odisha.
Failure of the Local Governments: In the case of India, the 73rd & 74th amendments (for urban local bodies)
have made the country as largest democratic setup with biggest representative base in the world. There are 2.5
lakhs local governments in India with having 3 million representatives which itself show the vastness of Indian
Democratic setup (Oommen: 2010). However, the extent of Fiscal Autonomy enjoying these institutions, in the
context of spending and generating revenues, aptly visualize their role in current development scenario. The
PRIs in major States in India, have failed to utilize the potential revenue generation source, because of serious
capacity gap and over dependency nature. It is also argued that, improving the own revenue is largely linked
with two factors major factors i.e. appropriate redesigning of fiscal transfer system and proper institutional
arrangements, which are lacking in the case of PRIs.
VI. Challenges:
Problems in power Devolution: The crucial factor that crippled the fiscal autonomy of PRIs is incomplete in
the process of power devolution to the PRIs by different State governments. While in State like Kerala, West
Bengal, Karnataka & Madhya Pradesh has devolved desired powers to the PRIs, in the same time, States like
Odisha, Jharkhand have lagged behind the process. Study conducted across Andhra Pradesh, Gujarat, Kerala,
Madhya Pradesh, Maharashtra, Tamilnadu, Odisha, Punjab, Haryana, Assam & Goa also discovered that most
states granted a plethora of functional responsibilities but no executive follow-up of granting adequate powers,
staff & additional financial resources was done (Fernandes:2003).
Poor Budgetary allocation: The extent of Fiscal Devolution depends on the expenditure responsibilities and
revenue assignments devolved to the lower tiers. However experiences from different States shows that, the
fiscal allocations to PRIs declined sharply (Oommen: 2006), which has restricted their development agendas.
The total expenditure of local governments(PRIs & Urban local bodies),as a proportion of the combined
expenditure of union, state & local governments works out to about 6.4% in 1998-1999 to 5.1% in 2002-
03.Such indicates the magnitude of Fiscal Poverty of rural Local Self-Governing institutions in India.
Tax Decentralization & role of State Finance Commissions: In most of the States, the report regarding the
recommendations of these commissions not taken into account which is another gray area of fiscal
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decentralization. State experiences on tax decentralization i.e. collection of own tax revenue shows that the
local governments own tax revenue has been declined from 5.71% to 3.97% in 15 major states in India
(Oommen: 2006). It is also argued that, the PRIs should have rights to tax collections from private taxpayers
(Marjeet: 1999) which is not reflected in States’ tax decentralization agenda.
Fiscal Dependency: The so called Fiscal Decentralization has given the birth of Fiscal Dependency of PRIs
over Central & State hierarchies. Such scenario has lead to Fiscal Inefficiency of PRIs by reducing their role as
mere implementer of government programs. For implementation of different programs the PRIs are awaiting
“sanction orders” of upper level government departments, which hindered timely & effective implementation of
Development Programs.
Gap in coordination: One of the most important pre-conditions for efficient Fiscal Federalism is clarity in the
assignment system. Not only that the assignment system should be clear as far as possible, but when there is
overlapping, there should be system and institutions to resolve it (Rao: 2011). However in the case of PRIs Intra
& inter institutional coordination gap is also largely seen in the process of transferring funds to PRIs, which is
another challenging area in fiscal decentralization. Flow of funds from higher to lower tiers has become a
cumbersome affair because of undue delay, technical incompetency & high handedness attitude.
Policy prescriptions: The PRIs in India needs a greater degree of political willingness & effective fiscal
devolution for functioning as institution of self government. The following needs to be taken into consideration,
It is necessary to assign more powers to PRIs for raising revenues from the local sources i.e. both tax &
in order to make these institutions as self-government.
non-tax revenue for enhancing their fiscal viability. This urged a fresh analysis of fiscal relationship
Fiscal devolution to PRIs should be realistic based on current development needs & priorities. It should be
between the States & PRIs.
Financial allocation to PRIs should be based on certain minimum criteria like Developmental Needs of the
rationalize on the basis on assigned development programs to PRIs & extent of fiscal position.
people & areas. A clear cut mechanism needs to be devised for determining the Budgetary Allocations for
PRIs need more orientation regarding Functional Duties & Fiscal Matters. Revenue generation should not
the PRIs.
be treated as non-obligatory function of PRIs & the States finance commissions’ recommendation should be
The Fiscal Disbursement process should be free from bureaucratic incompetency and political control. The
taken into consideration.
VII. Conclusion:
Through this paper a set of recommendations have been suggested which can be seen from the lens of
policy angels. The arguments for making PRIs as an institution of self-government with devolving Fiscal
Powers may help to enhance the Efficiency of these Institutions.
References
[1] Asfaw,Abay et all,2004: Modeling the Impact of Fiscal Decentralisation on Health Outcomes: Empirical Evidence from India,
Centre For Development Research, ZEF Discussion paper on Development Policy, Bonn
[2] Bardhan,P,n.d: Decentralization of Governance and Development, University of Carlifornia, Berkeley.
[3] Boex, Jamie, 2009: Fiscal Decentralisation and intergovernmental Finance Reforms as an International Development Strategy,
IDG Working Paper(2009-06), Urban Institute Centre on International Development and Governance.
[4] Crook, Richard & James Mannor(2000): Democratic Decentralization, OED Working paper Series-11,The World Bank.
[5] Dreeze,J & A.Sen, 1995, India: Economic Development and Social Opportunity, Delhi, Oxford University Press.
[6] Fernandes, Aureliano, 2003: Aggrandizer Government & local governance; Economic & political weekly, July, pp2873-2879
[7] Johnson Craig (2003): Decentralization in India: Poverty, Politics and Panchayati Raj, Overseas Development Institute, London
[8] Marjit, Sugata, 1999: Decentralized financing, governance & public-private cooperation, Economic & Political Weekly, May,
pp1197-1201.
[9] Mathew, Georege,2000: Status of Panchayati Raj in the States & Union territories of India(ed.), New Delhi, Institute of Social
Sciences in assoc. with Concept..
[10] Mohapatra BP, 2012: Institutions, Democratic Decentralisation and Human Development in India, from Fiscal Constraint to
Political Control (under publication).
[11] Olson, 1965 & 1972: The logic of Collective Action, Public Goods and The Theory of Groups.
[12] Oommen, MA, 2006: Fiscal Decentralization to the sub-state level governments; Economic and political weekly, March pp897-
903.
[13] Oommen, MA,2010: Have the State Finance Commissions fulfilled their constitutional mandates, Economic & Political weekly,
XLV,( 30), July pp39-44.
[14] Oommen,MA, 2008 (ed): Fiscal Decentralisation to Local Governments in India, Cambridge Scholars Publishing, UK.
[15] Palharya, Shakun, 2003: Madhya Pradesh; Decentralized Governance hampered by fiscal constraint; Economic & Political
Weekly, March, pp1025-1028.
www.iosrjournals.org 47 | P a g e
Local Self-Governing Institutions in India and Fiscal Decentralisation: Issues, Challenges and Policy
[16] Prud’homme, Remy, 1995: The Dangers of decentralization, the World Bank research observer, 10(2).
[17] Raghunandan,TR, n.d: Second generation theories on fiscal federalism; implications for India’s decentralisation model.
[18] Rao, MG, 2000: Fiscal Decentralisation in Indian Federalism, Institute For Social and Economic Change, Bangalore.
[19] Sahasraman, Annd, 2012, Panchayat Finances & the need for devolutions from the State Government, Economic & Political
Weekly, XLVII (4).
[20] Tanzi Vito,1995: Fiscal Federalism and decentralization: a review of some efficiency and macroeconomic aspects, Annual world
bank conference on development economics,1995
[21] Tiebout, CM, 1956: A pure theory of local expenditures, Journal of Political Economy, Vol.64 (5).
www.iosrjournals.org 48 | P a g e