Local Self Government
Local Self Government
Local Self Government
Introduction:
Local self-government and its historical evolution is a transformative concept
that brings governance authority to the grassroots level of society.
The structure of local self-government in India, thanks to the 73rd and 74th
amendments, can be divided into two main categories:
1. Ancient Period:
2. Medieval Period:
3. Colonial Period:
1. The British East India Company and later the British Crown introduced a
centralized administrative system that significantly altered local
governance. They established a revenue collection system, where land
revenue was collected directly from peasants or through intermediaries
known as zamindars.
2. The British also introduced local self-government institutions such as
municipalities and panchayats. The Montagu-Chelmsford Reforms
(1919) and the Government of India Act (1935) allowed for some degree
of local representation in governance.
The report of the Balwant Rai Committee was accepted by the National
Development Council in 1958. But they further said that no rigid pattern
has to be followed, and the states will be free to form their own pattern,
keeping the main objective in mind.
GVK Rao Committee found that the development was not seen as
bureaucrats were involved in the process, and hence, there was no
involvement of local people. Then, there came a need to remove
bureaucratisation and include people of that particular area in the
decision-making. This committee recommended the following to improve
the Panchayati Raj system:
LM Singhvi Committee
FUTURE PROSPECTS
Meaning:
The distribution of legislative powers between the Union and the States is based
on the Government of India Act, 1935, which was also followed in the
Constitution of India. The legislative relations distribute the power of
lawmaking and governance between the Union and the States. The Constitution
of India makes a two-fold distribution of legislative powers:
1. The extent of the Parliamentary laws and the laws by the State
Legislatures
In A.H Wadia vs. Income Tax Commissioner; the Supreme Court held that
in case of a sovereign legislature, the question on the extraterritoriality of
any enactment cannot be raised before a Municipal Court for the purpose of
challenging its validity. The legislation may be contrary to the rules of the
International Law, may be unrecognizable in the foreign Courts, or may
have practical difficulties in relation to their enforceability, but the
domestic tribunals are concerned solely with the questions of policy.
additional courts
Therefore, the Parliament has the power to make laws in relation to any
matter which is not present in either the concurrent list or the State List,
including the power to make laws on tax imposition.
List
During Emergency, the Parliament has the power to make any law which
shall be applicable over the entire or any part of India, and such law shall
be applicable for only a year after the emergency is withdrawn.
According to Article 251; nothing under the Articles 249 & 250, shall
restrict the State Legislature from legislating on any matter for which it
has been empowered under the Constitution. However, if any legal
provision legislated by the State Legislature is repugnant to any legal
provision so legislated by the Parliament, whether legislated prior to or
following the State law, then the law made by the Parliament shall
prevail over the one passed by the State and the State legislation shall be
inoperative until the operation of the Parliamentary law.
Legislature
Case Laws:
SEPERATION OF POWER
Introduction:
Basically, it is the rule which every state government should follow in order to
enact, implement the law, apply to specific case appropriately. If this principle
is not followed then there will be more chances of misuse of power and
corruption.
If this doctrine is followed then there will be less chance of enacting a
tyrannical law as they will know that it will be checked by another branch. It
aims at the strict demarcation of power and tries to bring the exclusiveness in
the functioning of each organ.
The court has the authority to overturn any unlawful legislation that the
legislature passes thanks to a system of checks and balances that has been put in
place.
Meaning
A person forming a part of one organ should not form part of another
organ.
One organ should not interfere with the functioning of the other
organs.
One organ should not exercise the function belonging to another organ.
The separation of power is based on the concept of triaspolitica. This principle
visualizes a tripartite system where the powers are delegated and distributed
among three organs outlining their jurisdiction each.
Legislative
The main function of the legislature is to enact a law. Enacting a law
expresses the will of the State and it also acts as the wain to the autonomy
of the State. It is the basis for the functioning of executive and judiciary.
It is spotted as the first place among the three organs because until and
unless the law is framed the functioning of implementing and applying
the law can be exercised. The judiciary act as the advisory body which
means that it can give the suggestions to the legislature about the framing
of new laws and amendment of certain legislation but cannot function it.
Executive
Judiciary
Article 53(1) and Article 154 of the Indian Constitution clearly say that
the Executive powers of the Union and the States are vest in the
President and Governor respectively and shall only be exercised
directly by him or through his subordinate officers.
Article 122 and Article 212 of the Indian Constitution state that the
courts cannot inquire in the proceedings of Parliament and the State
Legislature. This ensures that there will be no interference of the
judiciary in the legislature.
Article 105 and Article 194 of the Indian Constitution specify that the
MPs and MLAs cannot be called by the court for whatever they speak
in the session.
Article 50 of the Indian Constitution encourages the separation of
judiciary from the executive in the states.
Article 245 of the Indian Constitution gives authority to Parliament
and State Legislature for making laws for the whole country and the
states respectively.
Article 121 and Article 211 of the Indian Constitution state that the
judicial conduct of any judge of the Supreme Court or High Court
shall not be discussed in Parliament or State Legislature.
Article 361 of the Indian Constitution specifies that the President and
the Governor are not accountable to any court for exercising their
powers and performance of duties in his office.
Case Law: