Pradeep Gupta
Decentralization within Government is generally taken to mean transfer of power from Central authority to lower levels in a territorial hierarchy. It can take three forms: De-concentration, delegation and devolution. De-concentration tends to extend the reach of Central Government by moving executive agencies controlled by it to lower levels in the political system. In other words with de-concentration the central government does not give up any authority, it simply relocates its offices. Appointment of passport officers in the States is an example. Devolution on the other hand cedes control to political actors and institutions at the lower levels. The devolved authority is given some measure of autonomy to tax and spend and even limited Legislative competence. Delegation involves transfer of managerial responsibility to organizations that are outside the regular bureaucratic structure indirectly controlled by the Central Government. What promises does decentralization hold out as a tool of democratization and good governance? It broadens participation in political, economic and social activities. It increases the responsiveness of the Government to the felt needs of the people. The government is able to reach larger number of people with services consequently increasing the spread of governance and tax collection. It strengthens national integration. In different regions of the world national governments are using decentralization as a strategy to deal with secessionist movements and demands for regional autonomy. In fact decentralization and local self government were being touted as remedies to quell separatist movements in Donetsk and Luhansk regions of Ukraine’s Donbas area which has now become the theatre of war between Russian forces and Ukraine.
As a tool of democratic decentralization the Panchayats have been integral part of Indian tradition, culture and milieu since the ancient times when they were revered as “Panch Parmeshwara”. Mahatma Gandhi described them as self sustaining ‘village Republics’. These institutions functioned more on the basis of custom and traditions than as a consequence of any laid down state policy of promoting institutions of local self government. An elaborate legal framework was provided to the Panchayati Raj System by the Constitution (Seventy third) Amendment which added part IX to the Constitution inter-alia providing for establishment of Panchayats at the village and intermediate levels; reservation for SCs, STs and women; devolution by the State legislatures of powers, responsibilities and finances to the Panchayats; laying down a mechanism for conduct of elections; and more importantly in Schedule Eleven specifying 29 functions to be exercised by PRIs. Although the 73rd Amendment was not applied to the erstwhile State of Jammu and Kashmir, the roots of Panchayati Raj in the State were laid down by Maharaja Hari Singh by promulgating the J&K village Panchayat Regulation NO: 1A in the year 1935. This was followed by Legislative enactments in the year 1951, 1958 and finally the Panchayat Raj Act of 1989 which has been saved by the J&K reorganization Act, 2019 but with modifications contained in the union territory of Jammu & Kashmir Reorganization (Adaptation of State laws) Fourth Order, 2020.
On the lines of 73rd Amendment the UT Act provides for establishment of a three tier Panchayati Raj system. Halqa Panchayat at the lowest level, Block Development Council (BDC) at the intermediate level and District Development Council (DDC) at the district level as instruments of local self government for securing the participation of people in governance, decision making and implementation of developmental programmes. The Panches are elected by the voters in the Panch constituency and the Sarpanches by the electorate of Halqa Panchayat. The BDC is constituted of all Sarpanches in the Block with a Sarpanch or a Panch elected as a chairperson by an Electoral College comprising of all Panches and Sarpanches of Halqa Panchayats falling in the block. The DDC is constituted of directly elected members, members of legislative assembly representing the district and chairpersons of BDC. The chairperson of DDC is elected by the directly elected member of DDC. The Act provides for reservation of seats for SCs, STs and women in the appointment of Panches, Sarpanches, chairperson of BDCs and DDCs. The Act and the Rules also provide for appointment of a State Election Commission and prescribe a procedure for conduct of elections besides management of finances and conduct of business by the Panchayat Bodies. The general and specific powers and functions of Panchayat Bodies are elaborately provided for in schedule 1-A, II-A and III of the UT Act. Additional responsibilities have also been entrusted to the Panchayats from time to time through statutory and executive orders. Vesting of building permission authority to the Panchayats, being the latest instance. The Panchayat Bodies are, however, unable to exercise these powers to the fullest extent largely because of lack of cooperation from the line departments, stiff resistance from the MLAs who vye for the same political space and to some extent due to lack of capacity.
The UT Government has done well by constituting all the three tier of Panchayati Raj system. But some actions still need to be taken. Panchayati Adalats having both civil and criminal jurisdiction are an important limb of the Panchayati Raj System for providing speedy and cheap justice to the litigants at their door step. But they have not been constituted so far. Besides providing inexpensive justice at the local level these institutions also help in reducing the work load of regular courts which are heavily over burdened. The J&K Ombudsman for Panchayats, Act 2014 that provides for appointment of an Ombudsman for Panchayats for investigating charges of corruption and maladministration in the Panchayat Bodies remains unimplemented on ground denying the public a forum for redressing their complaints and making the PRIs accountable. There are also certain provisions in the Act that may need a review. The Sarpanches are elected directly by the people unlike the chairpersons of BDCs and DDCs who are elected by an electoral college. The Sarpanches thus do not feel accountable to the Panches which creates friction between the two. The Sarpanches could be appointed by Panches from among themselves. Perhaps because of prevailing law area order situation elections to the PRIs were held on non party basis. This becomes farcical since each candidate is supported by one or other political party. In any case the situation has now vastly improved. We should henceforth go for party based elections more so when even elections to the student’s unions are party based! Attention needs also to be given to capacity building and training of Panches and Sarpanches.
The PRIs as well as the urban local bodies are an important tool for democratic decentralization. Side by side the Government may also set up an Administrative Reforms Commission for rationalizing and trimming the administrative structures and streamlining procedures for speeding up decision making. In the meanwhile quick to implement measures like level jumping and delegating administrative and financial powers from the State to the Divisional and district/sub district level could be introduced. In this regard the recent orders of the Government delegating powers of transfers and posting of revenue officers and subordinate functionaries to the Divisional Commissioners, Deputy Commissioners and SDMs is a welcome step. So is the initiative to switch Government functioning to e-office mode and provide public services online. However, all such delegations and reforms including devolution of powers and functions to PRIs should not be reversed or diluted at the whims of the Government of the day.
(The author is former Divisional Commissioner)
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