GS Notes

17. Polity Notes 35

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Elaborate Notes

Women Reservation in Local Self-Government

  • Constitutional Mandate and Historical Context: The provision for women’s reservation in local self-government was constitutionally enshrined through the 73rd and 74th Constitutional Amendment Acts of 1992. These amendments added Part IX (“The Panchayats”) and Part IX-A (“The Municipalities”) to the Constitution. Specifically, Article 243D mandates reservation for women in Panchayats.

    • Article 243D(3) stipulates that not less than one-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women. This includes the one-third reservation for women within the seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
    • Article 243D(4) further provides that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women.
    • These provisions were a landmark step, building upon the recommendations of various committees, including the Committee on the Status of Women in India (1974), which highlighted the abysmal representation of women in political bodies.

  • Impact and Positive Outcomes:

    • Increased Political Participation: The reservation has dramatically increased the number of women in elected office. As of 2023, there are over 1.4 million elected women representatives in Panchayati Raj Institutions (PRIs), constituting over 46% of the total, as many states like Bihar, Kerala, Maharashtra, and others have increased the reservation to 50%.
    • Shift in Policy Priorities: Research has demonstrated a tangible shift in local spending priorities in Panchayats led by women. A seminal study by Esther Duflo and Raghabendra Chattopadhyay (“Women as Policy Makers: Evidence from a India-Wide Randomized Policy Experiment”, 2004) found that villages with female Sarpanchs in West Bengal and Rajasthan had significantly higher investments in public goods relevant to women’s concerns, such as drinking water facilities, sanitation, and roads.
    • Emergence of Grassroots Leadership: The policy has acted as a crucible for creating a new generation of women leaders from diverse backgrounds, who otherwise would have been excluded from the political sphere. It has challenged traditional patriarchal structures at the local level.
    • Enhanced Inclusivity: The presence of women in decision-making bodies has made them more accessible to other women in the community, leading to better articulation of their needs and grievances.

  • Challenges and Issues:

    • The ‘Sarpanch Pati’ or ‘Pradhan Pati’ Phenomenon: This refers to the practice where the male relatives (usually husbands) of elected women representatives exercise de facto power and control decision-making. This leads to token representation, where the woman is a mere figurehead, undermining the very purpose of the reservation. This is often a result of deep-seated patriarchy and social norms that restrict women’s mobility and public role.
    • Lack of Capacity Building: Many women representatives, especially first-timers and those from marginalized communities, lack adequate training in governance, financial management, and legislative procedures. This knowledge gap is often exploited by male counterparts or local bureaucrats, limiting their effectiveness.
    • Social and Structural Barriers: Women representatives often face a hostile environment, including lack of cooperation from male colleagues and officials, character assassination, and threats of violence. Patriarchal attitudes question their competence and authority. Restrictive social norms regarding their mobility and public speaking also act as significant impediments.
    • Limited Access to Resources: Male-dominated networks often control the flow of information and financial resources. Women representatives may struggle to access funds and get development projects sanctioned for their constituencies, hindering their performance.
    • Double Burden: Women representatives are often expected to manage their household and caregiving responsibilities alongside their official duties, placing a significant strain on their time and energy, a challenge less frequently faced by their male counterparts.

  • Strategies for Enhancement:

    • Intensive and Continuous Training: Implementing structured capacity-building programs that focus on functional literacy, rules and regulations of Panchayats, financial planning, and leadership skills. The Rashtriya Gram Swaraj Abhiyan (RGSA) is a government scheme aimed at this.
    • Promoting Women’s Collectives: Encouraging the formation of federations or networks of elected women representatives (EWRs) for peer support, knowledge sharing, and collective bargaining.
    • Gender Sensitization: Conducting sensitization programs for male elected members, government officials, and the community at large to foster a more supportive and collaborative environment.
    • Ensuring Financial Autonomy: Strengthening mechanisms to ensure that women representatives have direct control over and access to funds for their constituencies.
    • Strict Enforcement of Rules: Taking strict action against the practice of ‘Sarpanch Pati’ and ensuring that women are the ones attending meetings and taking decisions.

Finance of Local Self-Government

  • Constitutional Framework: The 73rd and 74th Amendments sought to institutionalize fiscal decentralization.

    • Article 243-H empowers the state legislature to authorize Panchayats to levy, collect, and appropriate taxes, duties, tolls, and fees.
    • Article 243-I mandates the constitution of a State Finance Commission (SFC) every five years to review the financial position of the Panchayats and make recommendations on the distribution of net proceeds of taxes between the State and the Panchayats, grants-in-aid to the Panchayats from the Consolidated Fund of the State, and measures to improve their financial position.
    • The recommendations of the Central Finance Commission (CFC) also include grants for local bodies, based on the recommendations of the SFCs. For instance, the 15th Finance Commission recommended grants totaling ₹4,36,361 crore for local governments for the period 2021-26.

  • Sources of Finance:

    1. Own Revenue (Tax and Non-Tax):
      • Tax Revenue: Property tax, tax on animals and vehicles, pilgrimage tax, tax on markets, etc. However, the power to levy these taxes is often circumscribed by state laws, and collection efficiency is poor.
      • Non-Tax Revenue: Fees from water supply, sanitation, street lighting, charges for birth/death registration, rent from municipal properties, etc.
    2. Transferred Funds (Grants):
      • Grants from the State Government: These form the largest component of local government finance. They can be tied (for specific schemes like Swachh Bharat Mission) or untied (for discretionary spending).
      • Grants from the Central Government: Based on the recommendations of the Central Finance Commission. These are crucial for supplementing local resources.
    3. Debt/Borrowings: Local bodies can borrow from state governments or financial institutions to fund capital-intensive infrastructure projects, but this capacity is often limited by state-level regulations and their poor creditworthiness.
    4. Public-Private Partnerships (PPPs): Increasingly used in urban areas for services like waste management, water supply, and public transport.

  • Challenges in Local Finance (The ‘3Fs’ Problem):

    • Inadequate Devolution of Funds: State governments are often reluctant to devolve a significant share of their revenue to local bodies. The recommendations of the SFCs are often not fully implemented, as they are not binding on the state government.
    • Limited Own-Source Revenue: Local bodies are heavily dependent on external grants, which undermines their autonomy. Their own tax base is narrow, and they lack the political will to impose or increase taxes for fear of public backlash. Low tax compliance is a major issue.
    • Inequitable Resource Allocation: The distribution of funds is often skewed, favouring politically influential or urban areas over remote and rural regions, leading to regional disparities.
    • Lack of Financial Autonomy: Even when funds are available, local bodies have limited discretion over spending due to the high proportion of tied grants and cumbersome approval processes from higher levels of government.
    • Weak Institutional Capacity: Local bodies lack trained personnel in financial management, accounting, and auditing. This leads to inefficient use of funds and poor accountability. The Comptroller and Auditor General’s (CAG) reports have frequently highlighted instances of unspent funds and financial irregularities in PRIs.

  • Measures for Improvement:

    • Strengthening State Finance Commissions: Making the recommendations of SFCs binding, or requiring an ‘Action Taken Report’ to be tabled in the state legislature explaining any deviations.
    • Enhancing Own-Source Revenue: Encouraging innovative revenue generation methods, improving property tax assessment and collection through GIS mapping, and empowering local bodies to set their own tax rates within a given band.
    • Promoting Citizen Participation: Implementing participatory budgeting processes where citizens have a say in how public funds are spent, which can also improve tax compliance and accountability.
    • Capacity Building: Training elected representatives and officials in financial management, project implementation, and auditing to ensure effective utilization of funds.

Changes and Challenges in Rural Areas

  • Transformative Changes in Rural India:

    • Agricultural Modernization: The Green Revolution and subsequent technological advancements (HYV seeds, mechanization) have boosted productivity. Government initiatives like the e-NAM (National Agriculture Market) platform aim to create a unified national market for agricultural commodities.
    • Infrastructure Development: Schemes like Pradhan Mantri Gram Sadak Yojana (PMGSY) have vastly improved rural road connectivity. The Deen Dayal Upadhyaya Gram Jyoti Yojana (DDUGJY) has focused on rural electrification, achieving near-universal household electrification. The Jal Jeevan Mission aims to provide piped water to all rural households.
    • Digital Connectivity: The BharatNet project is one of the world’s largest rural broadband connectivity programs, aiming to connect all Gram Panchayats. This has enabled the growth of e-governance, digital payments, and access to information.
    • Human Development: Initiatives like the Sarva Shiksha Abhiyan (now part of Samagra Shiksha) and the National Health Mission have led to improved literacy rates and health indicators (e.g., reduced IMR and MMR).
    • Poverty Alleviation and Social Security: The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) provides a crucial social safety net. The National Social Assistance Programme (NSAP) provides pensions for the elderly, widows, and disabled.

  • Persistent Challenges for Local Self-Government:

    • Lack of Functional Devolution (The 3Fs): Despite the constitutional mandate, the actual transfer of Functions, Funds, and Functionaries to local bodies remains weak. State-level departments are unwilling to cede control over key subjects listed in the 11th Schedule (for Panchayats) and 12th Schedule (for Municipalities).
    • Bureaucratic Control: Local bodies are often subservient to the district administration and state government officials (e.g., the District Collector/Magistrate), which stifles local initiative and autonomy.
    • Low Civic Participation: Apart from voting, citizen engagement in Gram Sabhas and other local processes is often low due to lack of awareness, social hierarchies, and a sense of powerlessness. The Gram Sabha, envisioned by Gandhiji as the cornerstone of ‘Gram Swaraj’, often fails to function effectively.
    • Role of Extra-Constitutional Bodies: In many regions, traditional, caste-based councils like Khap Panchayats continue to wield significant social and political influence. Their edicts can be regressive and often conflict with the rule of law and the authority of the constitutionally elected Panchayats, particularly on matters of social norms, marriage, and individual freedoms.
    • Capacity Deficit: A severe shortage of skilled personnel, such as engineers, planners, and accountants, at the local level hampers effective planning and implementation of development projects.
    • Environmental Challenges: Rural areas are on the frontlines of climate change impacts, facing issues like water scarcity, soil degradation, and extreme weather events, which local governments are ill-equipped to handle.

Education Qualification as a Criteria for Contesting Election at the Local Level

  • The Debate and Legal Precedents: The issue gained prominence when states like Haryana and Rajasthan amended their Panchayati Raj Acts to prescribe minimum educational qualifications for candidates.

    • The Haryana Panchayati Raj (Amendment) Act, 2015, stipulated criteria such as a minimum qualification of Class 10 for general candidates, Class 8 for women and SC candidates, and Class 5 for SC women candidates. It also required candidates to have a functional toilet at home and no arrears in electricity bills or cooperative bank loans.
    • This was challenged in the Supreme Court. In the case of Rajbala & Ors. vs. State of Haryana & Ors. (2015), the Supreme Court upheld the constitutional validity of the Haryana law.

  • Arguments in Favor of Imposing Educational Qualifications:

    • Improved Governance and Efficiency: Proponents argue that educated representatives can better understand legal frameworks, government schemes, and financial documents. This could lead to more efficient administration, better policy formulation, and reduced manipulation by bureaucrats.
    • Informed Decision-Making: In an increasingly complex world, a basic level of education is seen as necessary to comprehend issues like digital governance, environmental regulations, and complex financial planning.
    • Role Model Effect: It is argued that having educated leaders could inspire the younger generation and promote the importance of education within the community. The Supreme Court in its Rajbala judgment noted that an educated person could “better administer the village.”

  • Arguments Against Imposing Educational Qualifications:

    • Violation of Democratic Principles: Critics argue that this creates an artificial barrier to participation, violating the fundamental democratic principle of universal adult franchise and the right to contest elections. It creates a “class of eligibles and a class of ineligibles,” which is antithetical to democracy.
    • Exclusion of Marginalized Sections: Such criteria disproportionately exclude women, Dalits, and Adivasis, who have historically had lower access to formal education due to socio-economic reasons. For instance, in Haryana at the time of the law, over 68% of SC women and 41% of SC men in rural areas would have been ineligible to contest. This undermines the very purpose of reservation policies.
    • Education vs. Wisdom: Formal education is not a proxy for wisdom, integrity, or a deep understanding of local issues. Many unlettered individuals possess immense practical knowledge and leadership skills crucial for grassroots governance.
    • Contradiction with Constitutional Spirit: The Constituent Assembly deliberately avoided prescribing educational qualifications for legislators (MPs/MLAs), recognizing that in a country with low literacy, it would be undemocratic. Imposing it at the grassroots level contradicts this foundational principle of the Constitution. The 73rd Amendment was intended to deepen democracy, not restrict it.

Prelims Pointers

  • Women’s reservation in local bodies was introduced by the 73rd and 74th Constitutional Amendment Acts, 1992.
  • Article 243D provides for reservation of seats for SCs, STs, and Women in Panchayats.
  • The mandated reservation for women is not less than one-third of the total seats and offices of chairpersons.
  • Several states, including Bihar, Kerala, Odisha, and Rajasthan, have increased the reservation for women in PRIs to 50%.
  • The ‘Sarpanch Pati’ phenomenon refers to the de facto exercise of power by the male relatives of elected women representatives.
  • Article 243-I mandates the constitution of a State Finance Commission (SFC) by the Governor every five years.
  • Article 243-H empowers a state legislature to authorize a Panchayat to levy taxes, duties, tolls, and fees.
  • The 11th Schedule of the Constitution lists 29 subjects over which Panchayats can have jurisdiction.
  • The 12th Schedule of the Constitution lists 18 subjects for Municipalities.
  • MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) is a key social security scheme implemented by Gram Panchayats.
  • Khap Panchayats are extra-constitutional, traditional caste-based councils, predominantly found in states like Haryana, Rajasthan, and Western Uttar Pradesh.
  • The Supreme Court upheld the validity of prescribing minimum educational qualifications for local body elections in the Rajbala vs. State of Haryana (2015) case.
  • The Rashtriya Gram Swaraj Abhiyan (RGSA) is a centrally sponsored scheme for capacity building of Panchayati Raj Institutions.

Mains Insights

  • Women’s Reservation: A Story of ‘Substantive’ vs. ‘Symbolic’ Empowerment:

    • Cause-Effect: The policy of reservation (cause) was intended to lead to substantive political empowerment of women (effect). While it has succeeded in increasing their presence (quantitative success), challenges like ‘Sarpanch Pati’ and lack of training often reduce their role to a symbolic one (qualitative challenge).
    • Debate: The central debate is whether the policy has truly empowered women or merely created a proxy representation. While studies show positive policy shifts, the persistence of patriarchal norms presents a significant hurdle. The solution lies not in questioning the reservation but in strengthening the ecosystem through capacity building, gender sensitization, and institutional support to transition from symbolic to substantive representation.

  • Fiscal Federalism at the Third Tier: An Unfinished Agenda:

    • Analysis: The 73rd/74th Amendments created a third tier of governance but failed to fully empower it financially. The dependence on discretionary grants from states makes local bodies mere ‘implementing agencies’ rather than ‘self-governing institutions’.
    • Historiographical Viewpoint: Local self-government in India has historically been a subject of ‘devolution by discretion’ rather than ‘devolution by right’. The current system reflects a continuation of this colonial-era mindset, where the state (like the British Raj) is reluctant to cede real financial power and control to local entities.
    • Way Forward: A genuine commitment to fiscal decentralization requires making SFC recommendations binding, linking Central grants to the performance of states in empowering local bodies, and building the capacity of local governments to generate their own revenue.

  • The Paradox of Rural Transformation:

    • Analysis: While rural India has witnessed significant infrastructure and digital development, this has not been matched by a corresponding strengthening of local governance institutions. Development is often top-down, driven by central schemes, bypassing or undermining the role of Panchayats.
    • Challenge: The migration of skilled youth to urban areas creates a human resource vacuum in villages. At the same time, the persistence of extra-constitutional bodies like Khap Panchayats signifies a conflict between tradition and modernity, and a failure of the formal state apparatus to establish its legitimacy and authority in all spheres of rural life.

  • Educational Qualification for Elections: Efficiency vs. Inclusivity:

    • Ethical Dilemma (GS Paper IV): This issue presents a classic conflict between two competing public goods: ensuring administrative efficiency (which education may arguably enhance) and upholding the democratic principle of inclusive representation.
    • Constitutional Debate (GS Paper II): The debate pits the state’s power to regulate elections against the fundamental right of a citizen to participate in the democratic process. Critics argue that the Rajbala judgment prioritized a narrow view of ‘merit’ over the foundational constitutional value of equality of opportunity. The judgment creates a dangerous precedent that could be extended to state and national elections, fundamentally altering the nature of Indian democracy.

Previous Year Questions

Prelims

  1. The fundamental object of the Panchayati Raj system is to ensure which among the following? (UPSC CSE 2015)

    1. People’s participation in development
    2. Political accountability
    3. Democratic decentralization
    4. Financial mobilization

    Select the correct answer using the code given below. (a) 1, 2 and 3 only (b) 2 and 4 only (c) 1 and 3 only (d) 1, 2, 3 and 4

    Answer: (c) 1 and 3 only

  2. In the context of India, which one of the following is the characteristic appropriate for bureaucracy? (UPSC CSE 2020) (a) An agency for widening the scope of parliamentary democracy (b) An agency for strengthening the structure of federalism (c) An agency for facilitating political stability and economic growth (d) An agency for the implementation of public policy

    Answer: (d) An agency for the implementation of public policy (Note: This question is relevant as it relates to the challenge of bureaucratic control over local self-government)

  3. The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to (UPSC CSE 2015) (a) protect the interests of Scheduled Tribes (b) determine the boundaries between States (c) determine the powers, authority and responsibilities of Panchayats (d) protect the interests of all the border States

    Answer: (a) protect the interests of Scheduled Tribes (Note: Relevant for understanding exceptions and special provisions related to local governance, e.g., PESA Act)

  4. Local self-government can be best explained as an exercise in (UPSC CSE 2017) (a) Federalism (b) Democratic decentralisation (c) Administrative delegation (d) Direct democracy

    Answer: (b) Democratic decentralisation

  5. A constitutional government by definition is a (UPSC CSE 2020) (a) government by legislature (b) popular government (c) multi-party government (d) limited government

    Answer: (d) limited government (Note: This conceptual question is relevant to the idea that the 73rd/74th amendments limit the power of state governments over local bodies, even if the implementation is weak.)

Mains

  1. “The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (UPSC CSE 2019, GS Paper II)

  2. How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples. (UPSC CSE 2020, GS Paper II) (Note: Can be adapted to discuss the relationship between State and Local Governments in the context of fiscal federalism)

  3. To what extent, in your view, the Parliament is able to ensure accountability of the executive in India? (UPSC CSE 2021, GS Paper II) (Note: A similar question can be framed on the accountability of the local executive to the Gram Sabha or the local council)

  4. “The local self-government system in India has not proved to be an effective instrument of governance”. Critically examine the statement and give your views to improve the situation. (UPSC CSE 2017, GS Paper II)

  5. Assess the importance of the Panchayat system in India as a part of local government. Apart from government grants, what sources the Panchayats can look out for financing developmental projects? (UPSC CSE 2018, GS Paper II)

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