Decentralisation for vibrant democracy

Local self-governing bodies (LSGBs) ensure vibrant democracy through wider people’s and elected representatives’ participation in governing processes. True democracy requires division of authority as per the Subsidiarity principle, i.e. the higher level authority should have a subsidiary function performing only those tasks which cannot be performed effectively at the more immediate level. One of the potential vital functions of the LSGBs is to prepare leaders for higher level democratic institutions. But our original constitution was silent about the democratic local governance. As a result, the pre-independence administrative structure became operational, by default. Since then the status quo is being maintained by the vested interests.

The official machinery, which is large, permanent and versatile with rules vis-à-vis the political leadership, became dominant. But, the accountability in the official machinery is inward. Further, efficiency in the civil services is always narrowly defined; it is in terms of contempt for politics and adherence to rules, but never in terms of increased public satisfaction. As a result, the political leadership, which has the outward accountability, has been forced to resort to unsustainable populism to get elected. Effectively the political leadership and the official machinery are functioning independently. As the LSGBs were not empowered, the decentralized official machinery functions with little supervision, checks and balances.

Realizing these deficits, the law makers provided the constitutional and legal status to the LSGBs through the 73rd and 74th Constitutional Amendments. However, the process of empowerment of the LSGBs is uneven, at best, across the states. In most of the states, they were grossly neglected and marginalized. Many states are defaulting, even in conducting timely elections to LSGBs. Often; the courts’ directions are compelling the state governments to conduct elections to LSGBs.

Many states failed to constitute their respective State Finance Commissions (SFCs) as per the Constitution. In the past, a few states failed even to draw the funds, awarded by the Central Finance Commissions, from the Government of India and disburse to the LSGBs. The former Prime Minister’s remark, at the Panchayat day function on 24.4.2013, that “the bureaucracy is holding the LSGBs down” reflect the state of LSGBs.

The deficit in the grassroots democracy is manifesting in the forms of complicated governance processes, inappropriate development priorities, less development outcomes, growing inter-regional and economic inequalities and deviation from the democratic process and values at state and national levels.

The Second Administrative Reforms Commission (SARC) made comprehensive recommendations for revivify of LSGBs. These include: (1) enhancing the status of LSBSs as institutions of self governance, (2) increase the representation of LSGBs in the State Legislative Councils, (3) reducing the influence of MPs/ MLSs in LSGBs, (4) integration of rural and urban areas through setting up of the District Councils, (5) abolition of MPLAD, (6) transfer of the executive powers from Commissioner to Mayor in the cities, etc. Unfortunately all these recommendations were rejected.

LSGBs could become laboratories for experimenting various democratic processes and principles. The reservations to women proved to be beneficial. Various state governments have been prescribing additional eligibility criteria for candidates to contest to LSGBs. Among these, education qualification could be the most critical criterion. May be due to inadequate education, the elected representatives, at the state and centre; leave many detailed decisions, including drafting of legislative bills, to the bureaucracy.

As one person leads both Legislative and Executive, the conflict of interest is conspicuous in the functioning of Legislatives. To avoid this challenge, separate elections may be held for the Executive and Legislative in the LSGBs. The Village Sarpanches, Mandal and District Parishath Presidents and the Mayors may be directly elected, who will be the Chief Executives. The Chief Executives may discharge their responsibilities with the help of technical experts. The LSGBs should be empowered to recruit and manage all the necessary staff.

Such move will be more cost effective and ensure more accountability. Posting of All India Services and State Services Officers at district level should be minimized and they should be made to work under the LSGBs. The Territorial Representatives constitute the Legislative Bodies at appropriate level and may guide the functioning of the Executives, including – setting the priorities, goals, targets, approving the budgets and scrutinizing the progress and financial reports.

Family rule became a norm in Indian democracy. On the same lines, elite capture is one of the potential risks at LSGBs level. For the democracy to flourish in the country, we need constant innovations and reforms. One of the possible solutions is to limit a person from contesting any particular level, say ward member or Mayor, to two times/ terms. After contesting maximum of two terms/ times at any particular level, s/he can contest to higher level political offices only, with same terms and conditions. At the same time, family members (including the blood relation of self and spouse) should be barred from contesting at the same level/ seat for one or two terms.

Another related required restriction is to limit a person from contesting any particular level reserved seat to one time only. He/ she can contest at the same level in unreserved seat for one more time or at higher level reserved seat, with same terms and conditions.

Reservation of constituencies may be rotated every time, so that everyone living in any part of the state gets the opportunity to contest in a reserved seat. These measures may dissuade the political leaders from sectarian approaches and the statesmanship may increase among them.

By: G Bhaskara Rao
(Writer is associated with non-government, government and international agencies. Views are personal)