Law and Order Administration: British legacy; National Police Commission; Investigative agencies; Role of central and state agencies including paramilitary forces in maintenance of law and order and countering insurgency and terrorism; Criminalisation of politics and administration; Police- public relations; Reforms in Police.

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LAW AND ORDER ADMINISTRATION:
Law and order administration is one of the most important function performed by the Government. In fact,the survival of administration depends upon maintenance of law and order in a country. The functioning of law and order administration comes under the state list with the Union/Central government having advisory and coordinating role(discussed in last post on this blog). Rapid growth of population,industrialisation,urbanisation,growing political consciousness lead to law and order problems. Agrarian and tribal revolts,political caste and communal violence,labour and student unrest and terrorism are indications of law and order problems.

Law and Order comes under the Ministry of Home affairs' Department of Internal Security in India. As such law and order and internal security are managed under one umbrella at the level of the Union Government. The Ministry of Home Affairs is responsible for matters relating to the internal security of the country and enacts laws for the functioning of the criminal justice system. Refer - http://india.gov.in/citizen/lawnorder.php

However, 'Police' and 'Public Order' are matters of State Governance and not Union governance, according to Schedule VII, making the management of law and order in India complex.








BRITISH LEGACY OF LAW AND ORDER ADMINISTRATION:
The First Police Commission, appointed on 17 August 1860, contained detailed guidelines for the desired system of police in India and defined police as a governmental department to maintain order, enforce the law, and prevent and detect crime.
The present Indian Police system is based on the Police Act of 1861. Under this act the police was made subordinate to the executive government. Later several changes were brought about in the structure as well as functioning of the police system in the country,but the basic structure and characteristics are enshrined in the Police Act of 1861 and it continues to dominate over the police system in India. Similarly, the Indian Penal Code(1860) and Criminal Procedure Code(1861) and the Indian Evidence Act were compiled and enacted for effective law and order.
Much before the Independence, superior police officers belonging to the Imperial Police (IP) were appointed by the Secretary of State on the basis of competitive examination. The very first open civil service examination for the service was held in England in June, 1893 and the top ten candidates were appointed as probationers of the Indian (Imperial) Police. However, it is not possible to pinpoint a date on which it could positively be claimed that the Indian Police came into being.
In around 1907, the Secretary of State's officers were directed to wear the letters "IP" on their epaulets to distinguish them from the other officers not recruited by the Secretary of State. In this sense, 1907 could be regarded as the starting point for the Indian Police. However, one must note that the

The Indian Police Service is not a force itself but a service providing leaders and commanders to staff the state police and all-India para-military forces. Its members, who are all at least university graduates, are the senior officers of the police.
With the pas­sage of time Indian Police Service's objectives were updated and redefined, the roles and functions of an Indian Police Service Officer are as follows:
» To fulfill duties based on broader responsibilities, in the areas of maintenance of public peace and order, crime prevention, investigation, and detection, collection of intelligence, VIP security, counter- terrorism, border policing, railway policing, tackling smuggling, drug trafficking, economic offences, corruption in public life, disaster management, enforcement of socio-economic legislation, bio-diver­sity and protection of environmental laws etc.
» Leading and commanding the Indian intelligence agencies like Research and Analysis Wing (R& Intelligence Bureau (IB), Central Bureau of Investigations (CBI), Crime Investigation Department (CID) etc., Indian federal law enforcement agencies, civil and armed police forces in all the and union territories.
» Leading and commanding the Para-Military Forces of India (PMF) which include the Central P Organisations (CPO) and Central Paramilitary Forces (CPF) such as Border Security Force ( Central Reserve Police Force (CRPF), Indo-Tibetan Border Police (ITBP), National Security G (NSG), Rashtriya Rifles, Central Industrial Security Force (CISF), Vigilance Organisations, I Federal Law Enforcement Agencies, Assam Rifles, etc.
Serve at head of the departments in policy making in the Ministries and Departments of C and State Governments and public sector undertakings both at centre and states, Government India.
» To interact and coordinate closely with the members of other All-India Services and Central Services and also with the Indian Armed Forces
» Last but not the least, to lead and command the force with courage, uprightness, dedication a strong sense of service to the people.
» Endeavour to inculcate in the police forces under their command such values and norms as help them serve the people better.
» Inculcate integrity of the highest order, sensitivity to aspirations of people in a fast-changing and economic milieu, respect for human rights, broad liberal perspective of law and justice and standard of professionalism.


The District Collector's office was formed to be in charge of the police and maintain law and order at the district level as he also functions as a District Magistrate. This has been discussed in previous post on this blog, refer dist admin.








NATIONAL POLICE COMMISSION:
The National Police Commission (NPC) was appointed by the Government of India in 1977
with wide terms of reference covering the police organisation, its role, functions,
accountability, relations with the public, political interference in its work, misuse of powers,
evaluation of its performance etc. This was the first Commission appointed at the national
level after Independence. The Commission produced eight reports between 1979 and 1981,
suggesting wide ranging reforms in the existing police set-up.

For the major recommendations,implementations and status refer - http://www.humanrightsinitiative.org/publications/police/npc_recommendations.pdf  And also refer to this link for other committees and commissions set up after the National Police Commission - http://www.humanrightsinitiative.org/publications/police/police_reform_debates_in_india.pdf

Lack of political will still comes in between implementing the recommendations of the above as the abovementioned Commissions and Committees recommendations lie unimplemented.







INVESTIGATIVE AGENCIES:

1) Central Bureau Of Investigation - The Central Bureau of Investigation (CBI) is India's premier investigative agency, responsible for a wide variety of criminal and national security matters. It was established on 1 April 1963 and evolved from the Special Police Establishment founded in 1941. The Central Bureau of Investigation is controlled by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pension of the Union Government usually headed by a Union Minister who reports directly to the Prime Minister. It is India’s official Interpol unit. The CBI draws its officers from the best IPS and IRS officers around the country. It is responsible for investigation into various crimes and national security. The agency specializes in investigating crimes involving high ranking government officials and politicians.


2) The Indian Income-tax Department: Is India's premier financial agency, responsible for a wide variety of financial and fiscal matters.The Tax department is controlled by the Department of Revenue in the Ministry of Finance of the Union Government headed by a Union Minister who reports directly to the Prime Minister. It's officers are drawn from the Indian Revenue Services across the country. The Directorate General of Income Tax Investigation is responsible for investigation into various economic crimes and tax evasion.The special agents and agents are able to carry firearms when they are posted in the Directorate of Criminal Investigation (DCI) in the I-T department .The Finance Ministry has recently notified bringing under one umbrella the intelligence and criminal investigation units of the Income Tax department to effectively deal with terror financing cases and transactions that pose threat to national security.The department will now recruit special agents and agents (criminal investigation) under the new wing, half of whom would be recruited or brought on deputation from premier investigative agencies and police organisations of the country.The special agents who will form part of the premier DCI would be able to carry firearms under the rules prescribed by their parent organisation and would be able to tackle any intimidation in course of their new duty of checking and gathering intelligence on tax evasion.
The DCI will be headed by the Director General of Intelligence (Income Tax) and was notified in May this year to tackle the menace of black money with cross-border ramifications.The revamp is aimed at launching 'un-intrusive' investigations against "persons and transactions suspected to be involved in criminal activities having cross-border, inter-state or international ramifications, that pose a threat to national security and are punishable under the direct tax laws."
The commissioners of the intelligence directorate of I-T who are posted in cities like Delhi, Chandigarh, Jaipur, Ahmedabad, Mumbai, Chennai, Kolkata and Lucknow will also take up criminal investigation work under the DCI."Criminal investigation relies heavily on accurate and specific actionable intelligence and information of such activities and hence such an arrangement has been made.Separate manpower for the criminal investigation unit will be raised in the next few years when the department gets additional sanction. The intelligence wing of the I-T department has the Central Information Branch (CIB) under it, which is a repository of classified and exhaustive data on taxpayers' financial transactions.


3) Directorate of Revenue Intelligence: The Directorate of Revenue Intelligence (DRI) is an intelligence-based organisation responsible for the co-ordination of India's anti-smuggling efforts.Officers in this organisation are drawn from Indian Revenue Service(I.R.S.)

4) National Investigation Agency: National Investigation Agency (NIA) is the central agency to combat terror in India. The agency is empowered to deal with terror related crimes across states without special permission from the states. The National Investigation Agency Bill 2008 to create the agency was moved in Parliament by Union Home Minister on 16 December 2008.The NIA was created in response to the Nov 2008 Mumbai terror attacks as need for a central agency to combat terrorism was found. It also deals with drug trafficking and currency counterfeiting.It draws it's officers from IRS and IPS.

5) Narcotics Control Bureau - The NCB is responsible for anti-narcotic operations all over the country. It checks the spread of contraband as well as the cultivation of drugs.The officers in this organisation are drawn from both the IRS and the IPS.

6) Central Forensic Science Laboratory: The Central Forensic Science Laboratory (CFSL) is a wing of the Indian Ministry of Home Affairs, which fulfils the forensic requirements in the country. It houses the only DNA repository in South and Southeast Asia.
There are four central forensic laboratories in India, at Hyderabad, Kolkata,Mumbai,Rajkot, Chandigarh,Pune and New Delhi. CFSL Hyderabad is centre of excellence in chemical sciences, CFSL Kolkata in biological sciences and CFSL Chandigarh in physical sciences. These laboratories are under the control of the Directorate of Forensic Science (DFS) of the Ministry of Home Affairs. The laboratory in New Delhi is under the control of the Central Bureau of Investigation (CBI) and investigates cases on its behalf.








ROLE OF CENTRAL AND STATE AGENCIES IN MAINTENANCE OF LAW AND ORDER AND COUNTERING INSURGENCY & TERRORISM:
CENTRAL AGENCIES - Government of India is divided into the Legislative, the Executive and the Judiciary wings, with each performing its respective roles in management of internal security(maintaining cross border peace) and law and order of India.
National Security Council comprising of the Strategic Policy Group, the National Security Advisory Board and a Secretariat represented by the Joint Intelligence Committee (India) is the apex agency looking into the overall security (both internal and external security of India) Law and Order itself comes under the Ministry of Home affairs' Department of Internal Security in India.
For the Executive, the Ministry of Home Affairs is responsible for internal security of India and enactment of laws for the functioning of the criminal justice system in the country.
Several laws have been enacted to ensure general peace in India, maintain law and order and maintain its national integrity. Several law enforcement agencies have been created to tackle the problem of maintaining law and order in the country. Crimes are managed separately by the Criminal courts of the country.



STATE AGENCIES: To perform the task of law and order administration, a state government maintains a separate department called the Home Department. The administrative head of this department is the Secretary,drawn as a rule from the generalist Indian Administrative Service ( IAS). The Home Department administers the police. Under the administrative control of the Home Department comes the executive organisation namely the Police department headed by the Deputy - General Of Police,who as a rule is drawn from the Indian Police Service. He may have an Additional Director General of Police to assist him. The Police Hierarchy comprises Inspectors - General of Police,Deputy Inspectors General of Police,Superintendents of Police and other lower level functionaries.
The basic unit of law and order administration in a state is the police thana headed by the Station House Officer ( SHO) who is assisted by a complement of Inspectors, sub-inspectors,head constables and constables.
The Superintendent of Police in charge of the district police is an important functionary and is subject to control and supervision by a Deputy Inspector - General of Police, who is generally placed in charge of a group of districts.
THe overall command and control are exercised by the Director - General of Police at the state level. Officers in charge of sub units within a district like sub divisions,circles and police stations are subordinate to the Superintendent of Police. The District Police is thus an integral part of the state wide police setup,which is hierarchically structured and held togethe by bonds of strong discipline and control.

The District collector/Deputy COmmissioner who is head of the District administration and apart from his other duties is responsible for the law and order administration in the district police assisted by the police head , the Superintendent of the Police ( District).

In Metropolitan cities, there is the Police Commissionerate system like Mumbai,Kolkata,etc who reports to the state home ministry and is assisted by Joint commissioners of police who is in charge of the city range ( north range,south range,etc),Deputy Commissioner of Police ( incharge of the district) and ACP ( who is the head of sub division),and Station House Officer ( incharge of a police station) and other junior staff.

Delhi which is a Metropolitan has the COmmissionerate system who also enjoys magisterial powers but the reports directly to the Lieutenant Governor who reports to the President ( indirectly to the Central govt.)

The reputation of a state depends on how effectively it is able to maintain law and order withing its jurisdiction as freedom and independence will not have meaning unless such basic issues are properly attended to.

Unfortunately,in view of the prevailing atmosphere of violence in the country,attention to law and order is called for,but,the sad part is that this is being neglected in favour of development administration.
Therefore,it is imperative that law and order is given adequate attention and it is built up both on the infrastructural as well as intelligence and implementation level and its grievances and issues sorted out if we want a sound welfare state where development and law and order go hand in hand otherwise development will be stalled.








ROLE OF PARAMILITARY FORCES IN MAINTENANCE OF LAW AND ORDER AND COUNTERING INSURGENCY & TERRORISM:
A paramilitary is a military force whose function and organization are similar to those of a professional military, but which is not considered part of a state's formal armed forces.
Paramilitary forces(Except the State Armed Police Forces) in India are under the Central govt. and under their orders. The paramilitary forces are:

Assam Rifles - Performs many roles including the provision of internal security under the control of the army through the conduct of counter insurgency and border security operations, provision of aid to the civil power in times of emergency, and the provision of communications, medical assistance and education in remote areas. In times of war they can also be used as a combat force to secure rear areas if needed.

Border Security Force -  For manning the land borders of the country except in the mountains.

Central Industrial Security Force -  It was created for the better protection and security of industrial undertakings.  It is the largest Industrial security force in the world.

Central Reserve Police Force - Its primary role lies in assisting the State/Union Territories in police operations to maintain law and order and contain insurgency. It has been of extreme significance in J&K especially during elections.

Defence Security Corps-  The role of Defence Security Corps is to ensure the protection and security of designated Defence Installations against sabotage and pilferage. The Central Industrial Security Force (CISF) and the Defence Security Corps (DSC) provide security at India's nuclear laboratories and Defence Research and Development Organisation (DRDO) establishments, respectively. The CISF is purely a civilian Central government security force and though the DSC is a force under the Ministry of Defence and it comprises mainly superannuated soldiers who are re-employed for a few years.

Indo-Tibetan Border Police -  For manning the border with Tibet/China in the Himalaya

National Security Guards - Is a special force in India that has primarily been utilized for counter-terrorism activities. It's use in the Taj hotel terrorist attack in Mumbai 2008 has been the most recent and major highlighted one.

Railway Protection Force - The duties of the Railway Protection Force include: i) To do all conducive means for the free movement of the railways. ii) Protection and safeguarding of railway property. iii) Protection and safeguarding of passenger,their belonging and passenger area.

Rashtriya Rifles -A counter-insurgency/anti-terrorist force made up of soldiers deputed from other parts of the Indian Army, who receive special incentives while serving in the Rashtriya Rifles. It is deployed in J&K to tackle insurgency and terrorism.

Special Frontier Force - Conceived in the post Sino-Indian war period as a guerrilla force composed mainly of Tibetan refugees whose main goal was to conduct covert operations behind Chinese lines in case of another war between the People's Republic of China and India. It functions under the Research And Analysis Wing of the GOI.

Rapid Action Force - It was created to deal with riots & related unrest.

Sashastra Seema Bal -  For guarding the Indo-Nepal and Indo-Bhutan Borders.

Indian Coast Guard -  Its mission is the protection of India's maritime interests and enforcement of maritime law with jurisdiction over both territorial (including contiguous zone & exclusive economic zone) and international waters.

The State Armed Police Forces of India are the police units for dealing with serious law and order situations requiring a higher level of armed expertise than normal in states. The State Armed Police Forces exist in addition to the ordinary police services of the various states.







 RESEARCH AND ANALYSIS WING and INTELLIGENCE BUREAU:
The Research and Analysis Wing (RAW or R&AW) is an external intelligence agency of the Republic of India.Its creation was necessitated by the poor performance of the Intelligence Bureau(IB, which then handled both internal and external intelligence) in the recent wars against China (1962) and the Pakistan (1965) convinced the government that a specialized, independent agency was required for competent external intelligence gathering.The primary function of the RAW is collection of external intelligence, counter-terrorism and covert operations. In addition, it is responsible for obtaining and analyzing information about foreign governments, corporations, and persons, to advise Indian policymakers. It has been said that RAW is the "effective instrument of India's national power". RAW is also involved in the security of India's nuclear programme. The working of the RAW is not answerable to the Parliament of India and it works under the Prime Minister of India.

The present RAW objectives include, and are not limited to:

• Monitoring the political and military developments in adjoining countries, which have direct bearing on India's national security and the formulation of its foreign policy.
• Secondly, molding international public opinion with the help of the strong and vibrant Indian diaspora.

In the past, following the Sino-Indian war of 1962 and due to India's volatile relations with Pakistan, RAW's objectives had also consisted the following:

• To watch the development of international communism and the schism between the two big communist nations, the Soviet Union and China. As with other countries, both these powers had direct access to the communist parties in India.
• To control and limit the supply of military hardware to Pakistan, from mostly European countries, America and more importantly from China

The Intelligence Bureau is India's internal intelligence agency and reputedly the world's oldest intelligence agency. It was recast as the Central Intelligence Bureau in 1947 under the Ministry of Home Affairs. Shrouded in secrecy, the IB is used to garner intelligence from within India and also execute counter-intelligence and counter-terrorism tasks. The Bureau comprises employees from law enforcement agencies, mostly from the Indian Police Service (IPS) and the military. However, the Director of Intelligence Bureau (DIB) has always been an IPS officer. In addition to domestic intelligence responsibilities, the IB is particularly tasked with intelligence collection in border areas, following the 1951 recommendations of the Himmatsinhji Committee (also known as the North and North-East Border Committee), a task entrusted to military intelligence organizations prior to independence in 1947. All spheres of human activity within India and in the neighborhood are allocated to the charter of duties of the Intelligence Bureau. The IB was also tasked with other external intelligence responsibilities as of 1951 until 1968, when the Research and Analysis Wing was formed.

The workings of these two and their intelligence keep the cycle of law and order going and gets the central and state law enforcement agencies, military and paramilitary forces into motion for the same.









CRIMINALISATION OF POLITICS AND ADMINISTRATION:
On 28th August 1997, the Election Commissioner Krishnamurthy made a startling annunciation. According to him, of 1, 37,752 candidates who had contested the General Election to the Lok Sabha in 1996, nearly 1500 had criminal records.
Criminalisation of politics is present in every party whether ruling or non ruling.
The radical cause of increasing criminalisation of politics is nexus of muscle power, money power and politics.
In order to garner a ticket and votes candidates appraise and spend a huge amount compared to meagre limits. These funds are garnered from funds and donations,which come from unhealthy sources like mafias, local dons and corporates,among others. These sources then capture the MLA or MP they funded and make them indebted to them by making the politicians puppets in their hands for giving ends to their vested interest. Thus, people's needs and interests are not bothered about and these people are the ones who rule the roost through their puppet politicians.
On May 2, 2002, the Supreme Court gave a historic ruling following public interest litigation by an NGO.
It ruled that every candidate, contesting an election to Parliament, State Legislatures or Municipal Corporation, has to declare the following along with the application for his/her candidature:

• A candidate's criminal charges
• The candidate's financial records
• The candidate's educational qualifications

If the candidate fails to file any of the above three declarations, the Returning Officer will have the right to reject his nomination papers. The Supreme Court has ruled that all the three declarations will have to be true.
The Election Commission had sent a notification on June 28, 2002, to all State Election Officers with a view to enforcing it. The Supreme Court's thrust has been that the people and the voters have the right to know about the candidate's criminal record, assets and liabilities and educational qualifications. The Returning Officer has to publish these declarations for the voters' knowledge.
The Election Commission under T S Krishnamurthy proposed in its 2004 report that Section 8 of the Representation of the People Act, 1951 should be amended to disqualify candidates accused of an offence punishable by imprisonment of 5 years or more even when trial is pending, given that the Court has framed charges against the person. In the report the Commission addresses the possibility that such a provision could be misused in the form of motivated cases by the ruling party.
To prevent such misuse, the Commission suggested a compromise whereas only cases filed prior to six months before an election would lead to disqualification of a candidate. In addition, the Commission proposed that Candidates found guilty by a Commission of Enquiry should stand disqualified.

The Court held that the right to information - the right to know antecedents, including the criminal past, or assets of candidates - was a fundamental right under Article 19(1) (a) of the Constitution and that the information was fundamental for survival of democracy.

Well this is just a guideline and the people are unaware about this and continue to vote blindfolded. The criminals will disclose their records on an election form(and most of the time it is not verified whether true or false)but their physical influence outside the booth,monetarily as well as muscle power will not stop inducing people to vote for them. Therefore, it is for us people to wake up, use RTI as well as other sources to vote for the right candidate with all knowledge and throw out this disease as it is thwarting the very ideas of democracy and Constitutional safeguards that our country stands on.








POLICE - PUBLIC RELATIONS:
i) Since the Police administration is based on law made in 1861 and not undergone any significant change, therefore, the colonial attitudes of police personnel still remain. The erstwhile police force of the British Raj who were trained to administer terror over our people for the perpetuation of foreign domination seem to heavily inspire our current Police administration who feel it’s their duty to treat a layman or a common citizen unfairly.
ii) We need to understand that the idea of having a welfare state envisaged by our constitutional experts stands completely null and void, in absence of a proper criminal justice system. And here, Police machinery plays one of the most important roles in order to set criminal law into motion by lodging FIR’s and conducting unbiased and speedy investigation. Moreover, in order to accomplish the solemn purpose of having a crime free society, more onerous duty is cast on the Police and learned magistrates. There is a well demarcated sphere of activity between the field of crime detection and crime punishment. Investigation of an offence is the field exclusively reserved for the executive through the police department, the superintendence over which vests in the State Government. The executive who is charged with a duty to keep vigilance over law and order situation is obliged to prevent crime and if an offence is alleged to have been committed it is its bounden duty to investigate into the offence and bring the offenders to book. Needless to state the ill consequences which can follow if the police refuses to investigate a cognizable offence (offences in which the police is duty bound to lodge an FIR, without acquiring prior permission of a magistrate in order to investigate the case, together with the power to arrest without warrant) such as theft, murder, dacoity, rape, hurt, assault, robbery, trespass, cheating etc). As per the scheme and policy of the criminal procedure code no investigation in an offence can be commenced without registration of FIR’s.
iii) Apart from the above, there have also been several studies and commissions set up to study and reform public-police relations and it was found that the public have greater dissatisfaction and disenchantment with the working of the police. Apathy of the police,inefficiency and incapacity of the police has given a poor image to it as people are in fear of even approaching it.
iv) Recent years have seen an upsurge in terrorism and violence in different parts of the country and the police is expected to take care of law and order to curb the problem. But their failure to do so has led to worsening of the situation and given an all the more bad reputation to the police in the eyes of the common man.
v) People are unaware of their rights and duties and so there leaves ample scope for the police or for that matter any organisation to take the law in their hands and exploit the common man.


Let's discuss the reforms in Police that would help resolve the above.







REFORMS IN POLICE:
The police personnel have a vital role in a parliamentary democracy. The society perceives them as custodians of law and order and providing safety and security to all. This essentially involves continuous police-public interface. The ever changing societal situation in terms of demography, increasing rate and complexity of crime particularly of an organized nature and also accompanied by violence, agitations, violent demonstrations, variety of political activities, left wing terrorism, insurgency, militancy, enforcement of economic and social legislations, etc. have further added new dimensions to the responsibilities of police personnel. Of late, there has been growing realization that police personnel have been functioning with a variety of constraints and handicaps, reflecting in their performance, thus becoming a major concern for both central and state governments. In addition, there is a feeling that the police performance has been falling short of public expectations, which is affecting the overall image of the police in the country. With a view to making the police personnel more effective and efficient especially with reference to their, professionalism and public interface several initiatives have been launched from time to time.

 Some of the steps suggested by the National Police Commission in this direction are:
• To bring about a change of attitude of police personnel so that they
become people friendly.
• To bring about more transparency and openness in police working.
• To improve public image and public participation in police working.
• To make the police more efficient and effective.

In order to achieve the above mention direction, the Ministry of Home Affairs with
the support of UNDP has taken up an experimental project covering nine police
stations in Rajasthan, Tamilnadu and Assam. One of the major aims of this project is
to revise the curricula for training of police personnel at State Police Training
Institutions.

Police sensitisation training has also been initiated to rid the police of their colonial attitudes and high handed behaviour.

Over working the staff, lack of manpower, improper or no proper infrastructure to carry out their duties,no reward system, no proper growth system,major political and bureaucratic interference and stranglehold,etc.

The recommendations of the National Police Commission to set up State security boards in order to make the police force more accountable and responsible but unfortunately they have been constituted in only a few states and that too they are not up to the mark.

The Supreme Court in 2006 gave directives which were to be followed till the states come up with their police acts.


First was to set up a State Security Commission which would insulate the police form unwarranted political interference. Political control is necessary but it needs to be conditioned in such a manner that political masters cannot take undue advantage. The primary responsibility of this commission is to lay down policy guidelines for service oriented policing, evaluate the functioning of the police and making binding recommendations to the government to that effect.
Second, the directives provide for a minimum fixed tenure of two years for the Chief of Police and four other police officers on operational duties in the field. The court expressed its shock over the frequent transfer of Superintendents of Police for whimsical reasons and observed that this trend leads to demoralization of the police force.

Third, the directives call for the separation of investigation from law and order which was also recommended by the Law Commission of India in its 154th report. This would ensure faster, accurate and fairer processes so that rule of law is maintained. Presently, law and order is prioritized over investigation work which leads to loss of material evidence crucial for the case under consideration.


Fourth, the Court's directive mandate the creation of a Police Establishment Board which would be a departmental body to oversee the transfer and posting of the officials above the rank of Deputy Superintendent of Police.
Fifth and the most important, the judgment directs to set up Police Complaints Authority in states to inquire into allegations of complaint of public against the men in uniform. This is supposed to be an independent body comprised of civil society members to ensure that justice is done without prejudice to any party. However states are trying to dilute the neutrality of the complaint authority by increasing the number of policemen on the Complaint Authority in the guise of independent members. This would annul the efficacy of having a complaint authority.

However, the states have been reluctant to implement the directives of the Supreme Court. Most of the states have or are trying to pass the new Police Acts but have diluted the directives leaving lacunae in place for police to act discretionarily/arbitrarily and facilitating entrenchment by the political executive. This is a significant blow to all civil society members who turn to state and the police to protect their human rights. The entire campaign towards reform has been compromised by those who want to protect their narrow and partisan interests.
The Supreme Court has set up a monitoring committee to review the implementation of its directives.

 The eighth report of the NPC recommended that protection available to the police officers from prosecution under section 132 and 197 of the Code of Criminal Procedure which mandate prior sanction of the government in order to prosecute any public servant including police official for any act done in discharge of his official duty be withdrawn or that a proviso be added to the section to initiate automatic judicial enquiry in every refusal to prosecute. This recommendation must be implemented. Making the police more accountable would deter police officials from harassing citizens.
Structural and institutional changes can only bring in marginal improvements,what is important is attitudinal change on both the police as well as people's side to effectively cooperate with each other for smooth administration.

Go through the international and national statistical data in this, very important - http://www.fdrindia.org/publications/IndianPoliceSystem_PR.pdf      AND   http://bprd.nic.in/writereaddata/linkimages/1645442204-Volume%201.pdf

This post would like to conclude with the following thoughts for you to ponder over. Corruption exists, is taken for granted, even celebrated. India is not truly free because like slaves, majority of Indians passively accept injustice.Passive acceptance of injustice is also violence. Disrespect is also violence. Laziness is also violence. We unquestioningly accept injustices at home, on our streets, in our workplaces and from those in public offices and it is us and only us who can change this and make India a better place to live in. True patriotism lies in not just saluting our national flag or standing up for the national anthem, we need to have a purpose in our lives, if not for anyone else, for ourselves and our future generations. You get back what you give. So, we should take all steps to make ourselves aware of our rights and duties towards ourselves and the society for law and order and justice,as well as make ourselves of the hierarchy of the police system as well as other public organisations and use it effectively alongwith RTI in order to report non - performance of duty of officials and reform them from our end as well.



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The next post will cover :

Significant issues in Indian Administration:
Values in public service; Regulatory Commissions;
National Human Rights Commission;
Problems of administration in coalition
regimes; Citizen-administration interface;
Corruption and administration; Disaster
management.

Urban Local Government: Municipal governance: main features, structures, finance and problem areas; 74th Constitutional Amendment; Global Local debate; New localism; Development dynamics, politics and administration with special reference to city management.

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URBAN LOCAL GOVERNMENT:

Municipal governance in India has been in existence since the year 1687 with the formation of Madras Municipal Corporation and then Calcutta and Bombay Municipal Corporation in 1726. In early part of the nineteenth century almost all towns in India had experienced some form of municipal governance. In 1882 the then Viceroy of India, Lord Ripon's resolution of local self-government laid the democratic forms of municipal governance in India.
In 1919, a Government of India act incorporated the need of the resolution and the powers of democratically elected government were formulated. In 1935 another Government of India act brought local government under the purview of the state or provincial government and specific powers were given.

For the Census of India 2011, the definition of urban area is as follows:

1. All places with a municipality, corporation, cantonment board or notified town area committee, etc.
2. All other places which satisfied the following criteria:

a) A minimum population of 5,000;
b) At least 75% of the male main working population engaged in non-agricultural pursuits; and
c) A density of population of at least 400 persons per sq. km.



 As a result of economic development in India, urbanization is proceeding at a very rapid rate. Cities and towns contribute to more than 60% of the GDP,so one can understand the strong co-relation between urbanization and economic development. So it is imperative to develop an efficient urban or municipal government.

Urban - Of or in a city or town.

MUNICIPAL GOVERNANCE - MAIN FEATURES:

The purpose of municipal governance and strategic urban planning in a country is to create effective, responsive, democratic, transparent, accountable local governance framework organised according to a rational structure that promotes responsiveness and accountability; to provide responsive policy guidance and assistance to sub-national entities; to strengthen the legal, fiscal, economic and service delivery functions of municipalities; and to foster greater citizen participation in the governance of local bodies.

Similar to the Panchayati Raj system, the Nagar Palika Act or the Municipalities Act, 1992 set up through the 74th Amendment Act also provides for a three tier municipal system in the urban centres. The size and criteria of these municipal bodies are decided by the state legislature as it is set up under an Act of the state legislature.The Twelfth Schedule of Constitution (Article 243 w) provides an illustrative list of eighteen functions, that may be entrusted to the municipalities. Reservation of seats for ST,SC,OBC & women are similarly provided as is for the Panchayati Raj system. The Nagar Palikas/Municipals are to work as instruments of development and planning and also to handle funds for local activities.

Let's discuss them below:



STRUCTURE OF MUNICIPAL GOVERNANCE OF A METROPOLIS:
i) Municipal Corporation - It is the topmost of urban local government and is for an urban area/centre with population above 3 lacs. As an institution it is more respectable and enjoys a greater measure of autonomy than other forms of local government.
It is set up under a special statute passed by the respective state's legislature. However, in an exception, in Delhi ( due to it being the National Capital Territory), the power to set up a Municipal Corporation lies with the Union Parliament.

ii) Councillors - Members of the Municipal Corporation are elected on the basis of universal adult suffrage for a period of five years and they are called Councillors.
These Councillors,collectively called the Municipal Council,exercise deliberative functions and the executive functions are performed by the Municipal Commissioner.

iii) Municipal Commissioner & Mayor - He is an Indian Administrative Services official appointed by the state government and has the executive powers of the government of Municipal Corporations. The other executives known as the Mayor and Deputy Mayor are political executives elected for a period of one year by the members of the Corporation. The Mayor is the titular head of the corporation and presides over the meetings of the corporation.

These Municipal Corporations are in charge of Wards ( subdivision or district of a town/city) according to its population and representatives are elected from each Ward. The Municipal Corporation of Greater Mumbai which is the civic body that governs Mumbai city is divided in to 6 zones each consisting of 3-5 wards each. Individual wards or collections of wards within a corporation sometimes have their own administrative body known as ward committees.

Functions of Municipal Corporations:
Obligatory -  Supply of wholesome water and construction and maintenance of water works, supply of electricity,road transport services,construction,maintenance,naming and numbering of public streets,lighting,watering and cleaning public streets,etc.

Discretionary - Construction of public parks, gardens,libraries,museums,theatres and stadiums,public housing,planting of trees on road sides and elsewhere,provision of relief to destitute and disabled persons,civil reception of VIPs,registration of marriages,organisation and management of fairs and exhibitions.


The Delhi Municipal Corporation was recently trifurcated citing better administration as the reason,in to North Delhi Municipal Corporation, South Delhi Municipal Corporation and the East Delhi Municpal Corporation.







STRUCTURE OF MUNICIPAL GOVERNANCE IN SMALLER CITIES AND TOWNS - NAGAR PALIKA / MUNICIPALITY/MUNICIPAL COUNCIL:
Municipal Councils or Municipalities are set up for an urban area/centre with population of 100,000 or more, however there are exceptions to that as previously nagar palikas were constituted in urban centers with population over 20,000 so all the urban bodies which were previously classified as nagar palika were reclassified as nagar palika even if their population was under 100,000.

Members of the Nagar Palika are elected representatives for a period of five years. The town is further divided into Wards ( subdivision or district of a municipality/town) according to its population and representatives are elected from each ward. Wards may be grouped together into ward councils. One or more representatives are elected to represent each ward.The members elect a President among themselves to preside over and conduct meetings of the Municipality. A Chief Officer along with other officers like an Engineer,Sanitary Inspector,Health officer and education officer who come from the State Public service and are appointed by the state government to control the executive and administrative affairs of the Municipality.

The nagar palika is responsible for

• Water supply
• Hospitals
• Roads
• Street lighting
• Drainage
• Fire brigade
• Market places and
• Records of births and deaths
• Solid waste management

Its sources of income are taxes on water, houses, markets, entertainment and vehicles paid by residents of the town and grants from the state government.







STRUCTURE OF MUNICIPAL GOVERNANCE IN VERY SMALL CITIES WHICH ARE IN A TRANSITION FROM RURAL TO URBAN - NAGAR PANCHAYAT:
Nagar Panchayats are for an urban area/centre having a population of more than 30,000 and less than 100,000 inhabitants.
However, there are some exceptions. All the previous town area committees (urban centres with a total population of more than 5,000 and less than 20,000) are reclassified as Nagar panchayat.

Nagar panchayats have a chairman with ward members. Membership consists of a minimum of ten elected ward members and three nominated members.And it consist of a Block Development Officer ( commonly known as Executive Officer) ,who is the chief of all administration.






SOME OTHER MUNICIPAL BODIES THAT SHOULD BE TAKEN NOTE OF:

NOTIFIED AREAS:

In urban planning, a Notified area is any land area earmarked by legal provision for future development. The term is used in the Hindi belt region of North India.
The term also describes a village or settlement with a population between 10,000 and 20,000. A community of over 20,000 is considered a town under Indian law. Each notified area elects a notified area committee for its administration where all members as well as the chairman are nominated by the state government, which function like municipality. There have been various recommendations asking to stop such centralisation in the state govt. hands by setting up these areas when they should actually be under the PRIs.

TOWN AREA COMMITTEE:
It is a semi municipal authority constituted for small towns,and it exists in several states out of which Uttar Pradesh has the largest number. The members may be partly elected and partly nominated by the state govt. or wholly nominated or wholly elected. It is assigned a number of functions like street lighting,drainage,roads,conservancy,etc. The District Collector in some states has been given powers of surveillance and control over the TAC. Following recommendations of the Rural Urban Relationship Committee,1966, that smaller TACs be merged with Panchayati Raj bodies,Madhya Pradesh and Haryana have done so.


SMALLER TOWN:
PSUs are set up by the govt. and housing colonies have been set up around them for the staff and workers. These draw people from rural as well as urban areas and this develops into a kind of a very small town,therefore it is named as smaller town. These are administered by the Municipal corporation or Municipality under which it falls which appoints a Town Administrator for this area who is assisted by a few engineers and technicians that handle functions like water,electricity,roads,drainage,markets,parks,etc. The expenditure on such are shared equally by the urban local govt. as well as the respective Industry.


CANTONMENT BOARD:
When a Military station is established in an area,military personnel move in and to provide them facilities for everyday life the civilian population move in like markets,colonies,etc. To administer such areas,the Cantonment boards were set up. There are 63 cantonment boards in India at the moment. These boards are centrally administered by the Defence Ministry. Board consists of elected and nominated members and the officer commanding the station is the President of the Board. An elected member holds office for three years whereas the nominated ones continue as long as they hold office in that station.

Other agencies/departments are the Pollution Control Board, Housing Boards,Water Supply and Sewage Boards,etc. which are statutory bodies set up under an act of the state government. They help ease the burden off the Municipal bodies as they contain specialists having expertise in the particular field.

Every state has its development authorities that are the Planning & Controlling Authority for all the urban areas and its members and chairman are appointed by the state government that governs and controls it,for example Delhi Development Authority (DDA) which is an exception as it is also centrally controlled due its sensitive position of being a National Capital Territory. The other states Development Authorities are controlled and governed by their respective state governments.







FINANCE OF MUNICIPAL BODIES:
Finances supplied to the Municipal bodies are determined and regulated by the respective state governments as per the 74th amendment act. Article 243x states that a state may by law authorise a Municipality to levy and collect property taxes,duties,tolls and fees. The state will lay down the procedure also for the same along with accounting methods.

Also as per the 74th Amendment act,the Indian Constitution has made it mandatory for every state to constitute a State Finance Commission to review the financial position of the Municipalities and make recommendations regarding distribution of taxes between the states and municipalities.It is also expected to look into the criteria for grants-in-aid and suggest measures needed to improve the financial position of the Municipalities.

Municipal Corporations Finance - (a) Non-tax Revenue : The non-tax revenue includes fees and fines, grants and contributions from the Government. Among its extraordinary sources may be listed loans, deposits,receipts on capital account, grants for capital works, etc.

(b) Tax Revenue : The major proportion of income of corporations flows from taxes. It
ranges from anything between two-fifths and three-fourths of total income. A corporation
generally has the power to levy the following taxes :
• Property tax
• Tax on vehicles and animals
• Theatre tax
• Tax on advertisements (other than newspapers)
• Profession tax
• Education tax
• Entertainment tax
• Tax on consumption and sale of electricity
• Betterment tax on increase in urban land values caused by the execution of any
development or improvement work.

Tax on deeds of transfer of immovable property is collected by the State Government and the amount collected within the area under the jurisdiction of a corporation is transferred to it.

PROBLEM AREAS OF MUNICIPAL BODIES:
i) Disqualifications of members of Municipal Bodies follow in principle the practice followed in state legislature disqualifications. But since it is governed by the state legislature who can make laws regarding the same,it is not consistent in all states and that leads to a lot of disparity and non - security among members.

ii) Election expenses and code of conduct to be better regulated and more powers should be given to the State election commission to do the same.

iii) The Municipal Councils/ Municipalities have restricted local autonomy as compared to the Municipal Corporations, with more pervasive state control that often climax in dissolution of the former.

iv) Lack of Finance due to reluctance of the state and central legislators not wanting to divest further taxation and grants powers to them more than what they already have for fear of loss of power. And the municipal bodies fear increasing tax or asking for new tax collection options for loss of popularity among people.

v) Local bodies are created by state governments and therefore can be dissolved by them as well if not dancing as per their tunes.

vi) Adding to the above is the drawing of rural people and other city people to a place where there is rapid urbanisation through industrialisation. Law and order becomes difficult,slums develop,etc. leading to multiplicity of problems for these already stressed out urban local governance bodies.

vii) In spite of many central and state committees sitting and recommending better financial and administrative autonomy for the Municipal bodies, there has been no concrete effort from the legislators side to implement the same.

viii) The power now seems to have shifted from the state governments to the financial institutions, international donors and credit rating agencies. Finally, the capacity of the government to generate employment directly through anti-poverty programmes would remain limited. The anti-poverty programmes should primarily be focused on provision of basic amenities.

ix) Lack of consistent and coherent urban development policy, faulty and improper urban planning, coupled with poor implementation and regulation overload in India’s cities.

x) No proper monitoring system in place.







74TH CONSTITUTIONAL AMENDMENT:
It was enacted envisioning democratic decentralization and power to the people. Let's discuss it's important features:
i) It granted Constitutional status to local bodies and made them mandatory and laid down the procedure for their constitution.

ii) It provides for reservations in Municipalities at par with the PRIs

iii) Ensuring timely elections every five years, and incase of supersession,elections to be held before the expiration of six months from date of dissolution,and a proper report to be submitted by the state govt. for dissolving/superseding before the state legislature.

iv) Setting up of Finance Commission to review the financial position of the Municipalities and make recommendations regarding distribution of taxes between the states and municipalities.It is also expected to look into the criteria for grants-in-aid and suggest measures needed to improve the financial position of the Municipalities.

v) State Election Commission to ensure timely and fair conduct of elections.

vi) Setting up of District Planning Committees for Municipal Councils and Nagar panchayats to prepare draft development plan for the district as a whole and submit their draft development plan to the state govt. for review and inclusion in the state plan.

vii) Setting up of Metropolitan Planning Committee for Metropolis who would submit their draft development plan to the state govt. for review and inclusion in the state plan.







GLOBAL - LOCAL DEBATE:
Global - Local debate refers to an ongoing debate in regard to development at local levels that what should be its guiding principles - The ideas and objectives developed at the local levels or the technological urgencies that could be seen as leading the local level to global development?

Philosophers defending the idea of local attributes have favoured the arrangement of locally conceived arrangements and locally developed technology. According to this group, the very concept of local arrangement is based on the idea of immediateness and relevance. They believe that requirements fulfilled through local arrangements vary considerably from area to area. It has been argued that a uniform arrangement in the environment of huge diversity and valid clear-cut differences shall not be possible to achieve some uniform arrangement for all local regions. Local arrangements work on the principle of relevance where readiness amongst the people act as the vehicle for implementation. Under this arrangement as schemes developed locally gain high acceptance and is visible and little is lost as there is little resistance.
 It has been further argued that under this local arrangement local resources may be employed in a more meaningful way and much time and resources may not be wasted on training for implementation. Participation under the local arrangement shall be more as a feeling of empowerment and self decision making shall be present. The thinkers maintain that under such an arrangement quick identification shall be possible and more sensitive and responsive solution shall be possible.


On the other hand a group of thinkers pursuing the idea of a global arrangement, opine that in the absence of a global perspective,a local region shall become myopic in its vision and may witness a very slow rate of growth. Technological resource is a capital extensive area and also an expression of experiences,accidents,innovation,events of success and failures,etc that will help in adopting benchmarks and best practices in local development.
If any area shall try to keep itself closed to the experiences,innovations,etc of others it may risk a lot being in such limited boundaries and may never think beyond/out of the box than the ones prevailing in society.
According to the Global thinkers the world is emerging as a global village and showing an attitude of neglect towards this emerging trend shall be extremely risky and undesirable for local development.



CONCLUSION AND OBSERVATION OF THE GLOBAL - LOCAL DEBATE :
It has been observed that local arrangements operate better when social and technological readiness exists in regards to the factors of implementation. It has also been observed that development at the local level is promoted better in an environment of local arrangement but at the same time technological appreciation shall add to the purpose of the local authorities. It has been observed as well that technological import wherever seen useful shall be customised to meet the local requirements so as to have higher acceptance and minimize resistance to technological essentials.

A good example of this is NABARD which is a specialised and technologically updated body  for financial assistance for agricultural development.







NEW LOCALISM:
New Localism refers to an arrangement where urban local governance is seen provided with a uniform framework under an order of central government. New Localism evolved in the U.K in order to provide a uniform agenda and framework for local governance throughout the nation.
It was observed that in the absence of some uniform framework, the local governance institutions developed various disabilities and there was widespread inconsistency in regards to the functioning of such institutions. The Tony Blair govt. came out with a solution that was in the form of a framework in which the structure and functions of local self government institutions were specified under an order of the central govt. and they were to be instructed to operate as per the central govt. directives.
Some concerns have been raised in regards to the imperatives coming from the central govt. for the local govt. institutions and it has been observed that in such an arrangement decentralisation will be forced to the reverse and take a backseat leading to heavy centralisation thus defeating the very purpose of local self governance.

However, lets take a look at the good practices New Localism has infused in many countries,even though not implemented fully but definitely does give some food for thought and bettering the local self governance. It has been applied as a method of coordination between local governing institutions across a country. It has provided for more autonomy for foundation hospitals. It has provided for a structural framework where service providers in a local region coordinate with one another while executing their schemes. It has provided for a more comprehensive development at local areas as financial management has been become more active with better forged relations with the centre. It has provided for a better networking arrangement through the various agencies operational in a local area.








DEVELOPMENT DYNAMICS IN URBAN LOCAL GOVERNMENT:
The scientific study of Development forces or processes (Dynamics) that produce movement/change inside a group or system.
The forces viz. developments in Urban Local Government:

i) Govt. Of India Acts of 1919 and 1935.

ii) 74th Amendment Act

iii) Increasing urbanisation(and this is going to only increase in future) as the structural transformation of the Indian economy matures,and as India moves to double-digit growth, the backlog, current and growth needs of urbanization need to be addressed comprehensively.

iv) Liberalisation,Privatisation and Globalisation.

v) Activeness of Foreign Institutions and organisations in the development of developing countries and the centrally and state sponsored schemes implementation at the local levels.

vi) Technological advances like e-governance,etc.

vii) Increasing participation of people through the works of NGOs and NPOs, Voluntary organisations and civil society.







POLITICS AND ADMINISTRATION WITH SPECIAL REFERENCE TO CITY MANAGEMENT:
While urbanisation can be an engine of economic development and inclusion,unless managed properly,it can create serious socio-economic consequences and disastrous outcomes which would be difficult and impossible to fix.
Apart from the above mentioned Problem Areas of Municipal Bodies,with time,today's urban planners are busy creating a bureaucratic maze,issuing permits and enforcing planning and building codes,become reactive instead of proactive,corrective instead of pre-emptive.
We are busy implementing global plans at the local level but till date there is a majority of rural and urban dwellers who do not have access to even the basic amenities/services for a decent living.
One of the major causes of the abovementioned is the rigid bureaucratic approach towards this with a top-down approach that is a lethargic and unequipped and unskilled one. Recruits to head these urban Municipal bodies are generalists with little knowledge most of the times regarding the subject matter. Therefore, it is necessary for them to be equipped with the knowledge and management practices to build their capacities in order for them to efficiently and effectively handle the growing specific functions of these specific bodies and especially in this LPG era where India is undergoing an economic,social and political transformation.That is where City or Urban Management steps in.

Along with international organisations like World Bank,etc support the Government Of India has set up a host of programmes and courses for capacity building of urban governance officials and staff to achieve the abovementioned goals. An example:
 The Administrative Staff College of India (ASCI) and World Bank Institute (WBI) have entered in to partnership to specifically support capacity building needs of Indian cities and have signed a Memorandum of Understanding (MOU) to this effect. Establishing Certification Program in Urban Management is a key initiative of the MOU. The Water and Sanitation Program, South Asia is a key partner in this initiative. The Certification Program has received the endorsement from Government of India’s Ministry of Urban Development (MoUD).

The Certification Program in Urban Management is designed to enhance the capacities of urban sector professionals who are appropriately trained and have demonstrated their competence to effectively take up challenging responsibilities in urban management. The program seeks to provide urban professionals with a vehicle through which they can gain the latest knowledge on key aspects of urban management, and to develop innovative solutions to confront major issues faced by Indian cities.

 Core Objectives

•
To provide a broader, more holistic perspective on the range of issues confronting Indian cities and to explore new approaches to address them;
•
To promote an active exchange of experiences and enhance awareness of national and international good practices for improving the accountability and creditworthiness of urban local governments and ensuring effective delivery of services, particularly to the urban poor;
•
To assist city managers and senior staff of urban local governments in developing appropriate management, governance, leadership and organizational tools and strategies to enable them to discharge their duties more effectively; and
•
To enhance the skills of urban sector professionals and enable them to formulate action plans to meet strategic goals of their institutions.




 Also refer to this article for the Gujarat state efforts recently - http://articles.timesofindia.indiatimes.com/2011-04-26/vadodara/29474096_1_corporators-workshop-effective-town-planning







MINISTRY OF URBAN DEVELOPMENT, GOVT. OF INDIA -
The Ministry of Urban Development is responsible for formulating policies, supporting and monitoring programmes and coordinating the activities of various Central Ministries, State Governments and other nodal authorities in so far as they relate to urban development issues in the country.

Its important Programmes/Schemes are:

i) Jawaharlal Nehru National Urban Renewal Mission -
Objectives of the Mission
(1) The objectives of the JNNURM are to ensure that the following are achieved in the urban
sector;.
(a) Focused attention to integrated development of infrastructure services in cities covered under
the Mission;.
(b) Establishment of linkages between asset-creation and asset-management through a slew of
reforms for long-term project sustainability;.
(c) Ensuring adequate funds to meet the deficiencies in urban infrastructural services;.
(d) Planned development of identified cities including peri-urban areas, outgrowths and urban
corridors leading to dispersed urbanisation;.
(e) Scale-up delivery of civic amenities and provision of utilities with emphasis on universal
access to the urban poor;.
(f ) Special focus on urban renewal programme for the old city areas to reduce congestion; and
(g) Provision of basic services to the urban poor including security of tenure at affordable prices,
improved housing, water supply and sanitation, and ensuring delivery of other existing universal
services of the government for education, health and social security.




ii) Urban Infrastructure Development Scheme for Small & Medium Towns (UIDSSMT) - This subsumed the existing schemes of Integrated Development of Small and Medium Towns (IDSMT) and Accelerated Urban Water Supply Programme (AUWSP). The objectives of the Scheme are:
1. Improve infrastructural facilities and help create durable public assets and quality oriented services in cities & towns, Enhance public-private-partnership in infrastructural development and Promote planned integrated development of towns and cities.
All towns/cities as per 2001 census except 63 Mission cities/Urban Agglomeration covered under JNNURM are eligible to be covered under the scheme. The components for assistance under the Scheme include all urban infrastructure development projects such as water supply, roads, parking space, drainage, solid waste management, sewerage, urban renewal, preservation of water bodies and prevention of soil erosion.


iii) ADB Funded North Eastern Region Urban Development Programme (NERUDP) - The North Eastern Region Urban Development Programme (NERUDP) Phase-I is being implemented by the Ministry of Urban Development (MoUD) with the financial assistance from Asian Development Bank (ADB). It covers capital cities of 5 North Eastern States viz. Agartala (Tripura), Aizawl (Mizoram), Gangtok (Sikkim), and Kohima (Nagaland). The project covers priority urban services viz.
 (i) Water Supply,
(ii) Sewerage and Sanitation, and
(iii) Solid Waste Management.
In addition, Project Management and Capacity Development of the ULBs through institutional and financial reforms have also been included so that the ULBs become capable of planning and implementing infrastructure projects.

Refer to the Ministry's official website - http://www.urbanindia.nic.in/

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The next post on this blog will cover:

Law and Order Administration:
British legacy; National Police Commission;
Investigative agencies; Role of central and
state agencies including paramilitary forces
in maintenance of law and order and countering
insurgency and terrorism; Criminalisation
of politics and administration; Police-
public relations; Reforms in Police.

Rural Development: Institutions and agencies since independence; Rural development programmes: foci and strategies; Decentralization and Panchayati Raj; 73rd Constitutional amendment.

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RURAL DEVELOPMENT:

" India lives in its villages " ~~~ Mahatma Gandhi

India is a country of villages with 70% of India's population live in rural areas as per Census of India's 2011 Provisional Population Totals of Rural-Urban Distribution. And,a large majority of those villages have very poor socio - economic conditions. Therefore, one can understand the importance of developing the rural areas. A slowdown in rural growth/development rate leads to a slow down the national growth rate as well even if the urban growth remain remains the same or increases, refer -
http://www.business-standard.com/india/news/70-indians-live-in-rural-areas-census/141379/on

The concerted efforts made to ameliorate the standard of living of the people of the villages is what is termed as Rural Development. And it is achieved through collective governmental and voluntary agencies' efforts in a country

Rural - Is an area where the people are engaged in primary industry in the sense that they produce things directly for the first time in cooperation with nature. People here live in villages,farms or isolated homes in remote areas. Agriculture is the main occupation of rural areas, others can be based on mining,oil and gas exploration,tourism, logging,etc.

RURAL DEVELOPMENT - HISTORICAL PERSPECTIVE:
Villages and rural development have always been a part of India since time immemorial and they used to be self sufficient and self sustained resembling small republics and the respective rulers used to pitch in efforts to better them.

However, the present structure and style of functioning of local self governments is a British structure.  A beginning of local government is said to have been made in the year 1687 when for the first time, a local governing body - Municipal corporation was formed in Madras.

The British were concerned with finances/revenue collection/not political, and they knew that they had to have their hands into the local governments to reach the grass roots for top to bottom control. This led to severe exploitation of the rural areas by the British for their vested interests and a big blow to the economy. The recurrent famines in the later part of the 19th century and the recommendations of the Famine Commission Lord Mayo's resolution regarding local government was passed where the majority of officials were to be nominated by the British govt.

Lord Ripon's Resolution of 1882 or Local self government set the political tone of local government self government in India. The members were to be elected locally.
2/3rd members to be elected and chaired by non official of the British govt. This was seen with contempt and suspicion by the British bureaucracy and stiff resistance was put up by them.  This proposal was barely implemented and in late 19th century it was withdrawn. In the 1906 session of Congress this concept was brought up again for debate and some initiatives regarding the same were taken by the ruling govt. with the initiative of Lord Curzon, Provincial Department of
Agriculture with Agricultural College and Provincial Research Institute were
established. in 1906 the Indian Agricultural Service was constituted.This was further carried on to the Government of India Act of 1919 (Provision of Abject in Transferred List) and followed by the Government Act 1935 as well with some changes to suit the current scenario.

During the Independence struggle and infact throughout it, the national leaders advocated village communities. The Gandhian view prevailed and Panchayates became the foundation of the local self government. This principle is enshrined in Article 40 of the Indian Constitution under the Directive Principles Of State Policy that lays down that the State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self - government.

A large number of rural development programmes were started by the Nationalists and Social reformers out of which some gradually diminished due to various technical/administrative reasons and some merged with the Govt. sponsored schemes later.

For details these pre - independence schemes refer to - http://shodhganga.inflibnet.ac.in/bitstream/10603/307/9/09_chapter2

All these programmes,irrespective of their failures/successes, were and are instrumental in setting the tone for rural welfare and development while framing the constitution, as well as a guiding force and examples for today's people and administrators of rural development.








INSTITUTIONS AND AGENCIES SINCE INDEPENDENCE:

The Ministry of Rural Development in India is the apex body for policy formulation,regulations and acts pertaining to the development of the rural sector,agriculture,handicrafts,fisheries,poultry,and dairy are the primary contributors to the rural business and economy.

 Refer to the Ministry's official website as well - http://rural.nic.in/sites/about-the-ministry.asp



There are two departments under the Ministry :
i) Department of Land Resources - The main objectives of the Department are:

• To increase productivity of rainfed/degraded land through the process of integrated watershed management.


• To support the States/UTs for implementation of National Land Records Modernization Programme (NLRMP)


• Land reforms and other related matters relating to land like administration of Land Acquisition Act, 1894, National Rehabilitation and Resettlement Policy of 2007 , Registration Act, 1908 etc.


• Bio-diesel Mission

Refer : http://dolr.nic.in/





ii) Department of Rural Development - Department of Rural Development in India is a department under the Ministry of Rural Development in the Central Government of India. The Department facilitates the provision of several services such as training and research facilities, human resource development, institutes of Panchayati Raj, and at the same time provides functional assistance to the DRDA and oversees the execution of projects and schemes.

Department of Rural Development also executes the schemes for wage employment and self-employment generation and, for providing small irrigation and housing facilities to the rural poor, provide economic aid to the poor in rural areas, basic minimum services. The department also develops roads in the rural areas.

The Department of Rural Development in India functions according to the formulated schemes.

Refer to the url - http://drd.nic.in/DRD/aboutus.asp





B) RURAL DEVELOPMENT DIVISION OF PLANNING COMMISSION

The function of the Rural Development Division is primarily to provide overall policy guidance in formulation of plans and programmes for Rural Development. This is the nodal Division for matters relating to poverty eradication, employment generation in rural areas, development of watershed & degraded land. The following specific activities are undertaken by Division;

1. To assist in formulation of rural development programmes to be included in Five Year Plans and Annual Plans and to make periodic assessment of progress achieved.
2. To analyse and prepare comments on the EFC Memoranda and Cabinet Notes paper for Group of Ministers pertaining to rural development programmes.
3. To maintain liaison with Ministry of Rural Development, National Institute of Rural Development (NIRD) and other allied organisations mainly and participating in the meetings.
4. To collect information from various Divisions of the Planning Commission, State Governments and also from the Central Ministries which are implementing various schemes related to rural development.
5. To organize Working Group meetings to finalise the Draft Five Year Plan proposals of the State Governments. This involves the preparation of background papers, discussions on inter-se plan priorities, critical examination of plan proposals in relation to plan objectives and approaches, preparation of Working Group Reports giving, inter-alia, outlays and physical targets.
6. Finalisation of the Five Year Plan outlays of the Ministry of Rural Development. Finalisation of Annual Plans of the Central Ministry of Rural Development and State Governments. This includes assessment of progress both in physical and financial terms, in relation to the approved targets and outlays, scheme-wise examination of proposals and reviewing targets and finalizing allocation for next Annual Plan.
7. To provide comments, materials etc. for Public representations, VIP references, Parliament Questions and Agenda items for the meetings of Consultative Committee/ Standing Committee for the Planning Commission pertaining to rural development sector are also attended to.

I) DISTRICT RURAL DEVELOPMENT AGENCIES (DRDA):
The above mentioned programmes of the Ministry Of Rural Development viz. anti - poverty,wage employment,rural housing,etc. are implemented and supervised by the District Rural Development Agencies ( DRDA) registered under the Societies Registration Act,1860,in the districts in the respective states. Substantial sums of rural development funds of government of India were transferred and routed through them under various Centrally Sponsored Schemes. From purely a financial resource from Rural Development point of view the DRDAs are extremely important institutions at the district level.


Both district level officials and public representative like M.P. , MLA ,Panchayat Samiti Chairpersons etc are the member of the Society. President, Zilla Parisad is the Ex-Officio Chairman of DRDA. All administrative and financial power are vested on Collector. The Project Director of the Agency looks after day to day administration. DRDA releases funds under various anti poverty programmes under Ministry of Rural Development,govt. of India and State Govt.   to various banks / executing agencies. It monitors the implementation of schemes, utilization of fund very closely. Following important schemes are implemented through DRDA.
There have been debates over merging of the DRDAs and the respective Panchayats as a part of decentralisation since DRDA is a centralised body and if true decentralisation is to be achieved then it should be given in charge of the respective local self governments. However, this complete merger has said to have happened in only two states that is Kerala and Karnataka who have a history of empowering the grassroots. Here, the DRDAs function as a unit of the Zilla Panchayat as cells of poverty alleviation / rural development schemes.

In 10 States/ UTs the DRDAs continue to be separate with the only linkage established with the ZPs is making the President of ZP the Chairperson of the DRDA. These are Bihar, Chattisgarh, Himachal Pradesh, Madhya Pradesh, Orissa, Punjab, Tripura, Uttar Pradesh, Uttarakhand, and Lakshadweep. In Gujarat the District Development Officer, who is also the Chief Executive Officer of the Zilla Panchayat, continues to chair the DRDA. In nine States/ UTs either the Collector continues as the Chair or some other arrangement has been made in this regard. These are Assam, Goa, Haryana, Jharkhand, Manipur, Tamil Nadu, Dadra & Nagar Haveli, Daman & Diu, and Pondicherry. Andhra Pradesh has made the Zilla Panchayat President the Chair of the DRDA while designating the Collector as the Executive Chairperson. Similarly, in Maharashtra, while the President Zilla Panchayat is made the Chair of the DRDA, the Chief Executive Officer of the Zilla Panchayat is designated as the Executive Chairman of the Management Committee.

Refer - http://rural.nic.in/sites/downloads/programmes-schemes/DRDA_Guidelines.pdf


Table : Status of DRDAs in the States

Sl. No	State or U.T	Status of DRDA
1	Andhra Pradesh	DRDAs are separate; Collector is the Executive Chairperson though ZP President is made the Chairperson; large number and scope of parallel bodies across layers
2	Arunachal Pradesh	DRDAs are separate
3	Assam	DRDA separate; Collector is Chair and Ex Director; many parallel bodies
4	Bihar	DRDA separate; ZP Chairman is Chairman of DRDA; many other parallel bodies;
5	Chattisgarh	Reportedly DRDA merged; practically only the ZP Chairman is made the Chairman of DRDA;
6	Goa	DRDAs are separate;
7	Gujarat	DRDA separate; District Development Officer is the Chairman;
8	Haryana	DRDAs separate; Dy Commissioner/ Collector is the Chairman
9	Himachal Pradesh	DRDAs separate; ZP chairman is the chairman of DRDA; there are many other parallel bodies
10	Jammu & Kashmir	DRDAs separate; interestingly, the DRDA administration is being refurbished, which by itself could be a very positive step; Panchayat at district level is called the District Planning & Development Board – in a way combining the ZP and DPC
11	Jharkhand	DRDAs separate; Dy Commissioner is Chairperson of DRDA
12	Karnataka	DRDA merged with ZP since 1987; functions as a unit of ZP office with distinctiveness maintained only to facilitate transactions with the MoRD, New Delhi
13	Kerala	DRDAs merged with ZP, function as poverty alleviation cell of the ZP; some parallel bodies (Freshwater Fish Development Agency, Brackishwater Fish Development Agency) still function as per the directions of GoI. The MLA-LDF is also outside the purview and is sort of a parallel body.
14	Madhya Pradesh	DRDAs separate; ZP Chairman is the Chairman of DRDA Many parallel bodies, particularly those funded by multilateral and bilateral agencies and operated by the State Government as para-statal entities; DPIP andMPRLP are two examples.
15	Maharashtra	DRDA separate, ZP Chairman has a cosmetic position of being Chairman of Governing Body of DRDA with the CEO being the executive chairman of the Management Committee
16	Manipur	DRDA separate; Dy Commissioner as the Head; Many parallel bodies primarily associated with the Development programmes/ schemes of the Union Government.
17	Orissa	DRDA separate; PD – DRDA is designated as the Secretary-cum- Executive officer of ZP; ZP President is the Chair of DRDA
18	Punjab	DRDAs separate; ZP Chairman is made the Chairman and it is said that all Panchayats have access to the expertise of DRDA; there are other parallel bodies at district and village levels (Village Water and SanitationCommittees, Village Education Committees), with no linkage with Panchayats
19	Rajasthan	DRDA reportedly merged in 2003; however there are para-statals set up through multilateral funding as well as schemes of State and Union government
20	Sikkim	DRDA is separate
21	Tamil Nadu	DRDA separate institution; Chaired by the District Collector; many parallel bodies like in village education committee, watershed Associations, village forests committees exists.
22	Tripura	DRDA exists separately; President of ZP is the Chairman of DRDA
23	Uttar Pradesh	DRDAs separate; headed by ZP President; there are a few other parallel bodies
24	Uttarakhand	DRDA separate; ZP President is its chair; Van Panchayats, Village Education Committees are the other parallel bodies
25	West Bengal	DRDA merged; rechristened as DRDC of ZP;
26	Andaman & Nicobar	DRDA is separate; Out of three, only one ZP President is the Chair ofDRDA;
27	Chandigarh	No DRDA
28	Dadra & Nagar Haveli	DRDA is separate
29	Daman & Diu	DRDA continues to function as a separate body and have not been merged.
30	Lakshadweep	DRDA is said to be merged; ZP President is the Chair; DRDA providing support to the ZP; other parallel bodies relate to Central schemes such at the SSA;
31	Pondicherry	DRDA is separate; Attempts are made to link other parallel bodies with Panchayats;

II) NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT ( NABARD ):

 NABARD was established on the recommendations of Shivaraman Committee, by an act of Parliament on 12 July 1982 to implement the National Bank for Agriculture and Rural Development Act 1981. It replaced the Agricultural Credit Department (ACD) and Rural Planning and Credit Cell (RPCC) of Reserve Bank of India, and Agricultural Refinance and Development Corporation (ARDC). It is one of the premiere agencies to provide credit in rural areas. The govt. holds 99% stake in NABARD since RBI sold its share to the GOI.

Objectives of National Bank for Agriculture and Rural Development are -

• The National Bank for Agriculture and Rural Development would be the apex body pertaining to the planning of the financial and functional aspects of promotion for small-scale industries, agriculture, handicrafts, rural crafts, village industries, cottage industries, and any kind of commercial operations in the rural sector.
• The National Bank for Agriculture and Rural Development would function as a refinancing organization for the credit given by financial agencies both long term loans and short term loans for promoting various kinds of activities in the rural sector.
  
  
• The National Bank for Agriculture and Rural Development would facilitate the provision of direct loan to different institutions on the approval of the Central Government of India.
• The National Bank for Agriculture and Rural Development would have constitutional connections with the apex bank, the Reserve Bank of India.

III) HARYANA STATE COOPERATIVE APEX BANK LIMITED:
HARCOBANK is the apex organisations for rural development in the state of Haryana and its purpose is to financially assist the artisans in the rural areas,farmers and the agrarian unskilled labour,small and big rural entrepreneurs of Haryana by functioning as an investor since three decades now. Its reach is across the length and breadth of Haryana through its numerous branches and associate partners.
Agrarian credits under HARCOBANK are-

• Loans schemes
• Interim finance by the means of cash loans
• Cash Credit against mortgage of property
• Crop Loan and Kisan Credit Card

Loan schemes under non-farm finance of HARCOBANK

• Loans against mortgage of jewelry and gold ornaments
• Loans to the students engaging in professional degree courses such as medicine, engineering, management, etc. based on the repayment capability of the applicant of the loan
• Loans for the purchase of taxi-cars, auto rickshaw, light commercial vehicles, motor buses, trucks, and others those who fall under the category of small transport operators
• Cash loan facility to traders and businessmen against mortgage of collateral or stock hypothecation trade
• Scheme for buying consumer durables
• Short time overdraft facility to people based on the credit report or presenting collateral securities, etc.
• Composite loan scheme
• Advances against national savings certificate (NSC)
• Farm sector activities
• Small transport operators, water, and road scheme
• Integrated loan scheme

Banking deposit schemes under HARCOBANK -

• Fixed Deposit
• Recurring Deposits
• Money Multiple Certificate (MMC)
• Re-investment Term Deposit (RITD)
• Combined Recurring Deposits and Provident Funds for different institutions

Staff Loan facilities under HARCOBANK -

• House Building Loan for construction, repair, extension of house property
• Conveyance Loan for vehicles for cars, scooters, motorcycles
• Computer Loans for household purpose of the employees

According to its financial position and its total performance at the domestic level, the National Federation of State Cooperative Banks (NAFSCOB) and National Bank for Agriculture and Rural Development (NABARD) have awarded the Haryana State Cooperative Apex Bank Limited.

HARCOBANK-Awards

• Special award for Recovery and Profitability in 1998-99
• Special Award in Profitability for 1999-2000
• Special Award in Outreach, Recovery Performance and Profitability for 2000-01
• Special Award in performance for 2001-02
• Second-Overall Performance for 2002-03

IV) REGIONAL RURAL BANKS:
The main goal of establishing regional rural banks in India(1975 via the Narsimhan Committee report) was to provide credit to the rural people who are not economically strong enough, especially the small and marginal farmers, artisans, agricultural labours, and even small entrepreneurs. But there have been many issues regarding its financial viability numerous analysis and studies have been taking place to study the same.

Refer for list of the Regional Rural Banks In India:
http://time4education.com/bankexams/List_of_RRBs.aspx








V) VARIOUS MICROFINANCE INSTITUTIONS,NGOs & FOUNDATIONS:
 Microfinance institutions provide financial assistance to micro-entrepreneurs and small businesses where there is a lack of banking and related services due to high transaction costs associated while serving these client categories. They provide these financial services through relationship - based banking for individual entrepreneurs and small businesses; and group based models where several entrepreneurs come together to apply for loans and other services as a group.

These Microfinances are also assited by the NABARD. And to recognise their pivotal efforts, the GOI has recently passed the Microfinance Services Regulation Bill. Refer to article - http://timesofindia.indiatimes.com/business/india-business/Cabinet-clears-Micro-Finance-Bill-RBI-to-regulate-MFIs/articleshow/13084668.cms    &     http://www.livemint.com/Politics/3Cy3bTQY2r4J7YuC6EpQqL/Finance-ministry-clears-proposed-national-microfinance-law.html

http://www.nabard.org/pdf/report_financial/chap_viii.pdf

For list of Microfinance Institutions: http://indiamicrofinance.com/top-50-microfinance-institutions-india.html


AVARD is Association of Voluntary Agencies for rural development - refer http://www.avard.in/

Also a mention should be made of the Aga Khan Rural Development Network which is a voluntary foundation doing exemplary work in Madhya Pradesh, Bihar and Gujarat.

Refer -http://www.akdn.org/rural_development/india.asp










RURAL DEVELOPMENT PROGRAMMES - FOCI AND STRATEGIES:

Rural Development Programmes or Bharat Nirman Plan of the GOI comprise of the following:
i) Provision of basic infrastructure facilities in the rural areas like schools,health facilities,roads,drinking water,electrification,etc.

ii) Improving agricultural productivity in the rural areas.

iii) Provision of social services like health and education for socio - economic development.

iv) Implementing schemes for the promotion of rural industry increasing agricultural productivity, providing rural employment,etc.

v) Assistance to individual families and Self Help Groups living below poverty line by providing productive resources through credit and subsidy.

Refer - http://www.india.gov.in/sectors/rural/index.php?id=1 & http://www.bharatnirman.gov.in/welcome.html



Lets discuss them:
1) Pradhan Mantri Gram Sadak Yojana - A fully funded Centrally Sponsored Scheme to provide all
weather road connectivity in rural areas of the country. The programme
envisages connecting all habitations with a population of 500 persons and
above in the plain areas and 250 persons and above in hill States, the tribal
and the desert areas.


2) Swarnajayanti Gram Swarozgar Yojana - SGSY is a major on-going scheme for the self-employment of the rural poor. The basic objective of the scheme is to bring the assisted poor families (swarozgaris) above the poverty line by providing them income generating assets through a mix of bank credit and government subsidy. Credit is the critical component of the scheme whereas the subsidy is an enabling element. The scheme involves organisation of the poor into Self Help Groups (SHGs) build their capacities through a process of social mobilization, their training, selection of key activities, planning of activity clusters, creation of infrastructure, provision of technology and marketing support, etc. Under the scheme focus is on the group approach. However, individual Swarozgaris are also assisted. The SGSY is being implemented by the District Rural Development Agencies (DRDAs) with the active involvement of Panchayati Raj Institutions (PRIs), banks, line Departments and the Non-Government Organisations (NGOs).

The credit mobilization under SGSY has been abysmally low. Further, a large number of SHGs are formed but fizzle out midway after availing the revolving fund. To make the scheme more effective it is being re-structured with a sharper focus on poorest of the poor people. A suitable mechanism will be put in place for higher social mobilization, capacity building and institution building among the target population

3) Rural Housing (Indira Awas Yojana) - The IAY is being implemented as an independent scheme since 1996. It aims to provide assistance for construction / up gradation of dwelling units to the Below Poverty Line (BPL) rural households, with special emphasis on SCs, STs and freed bonded labor categories. A maximum assistance of Rs 35,000 per unit is provided for construction in plain areas and Rs 38,500 per unit for hilly/difficult areas. Rs 15000 is given for up gradation of a dwelling unit for all areas. The funding of IAY is shared between the Centre and State in the ratio of 75:25. (100% in the case of UTs).

4) MGNREGA - The primary objective of the scheme is to provide guaranteed work for 100 days for any household wishing to have such employment. Although all households are eligible, the expectation is that only the poorer sections, i.e., landless labour and marginal farmers would actually seek work. The secondary objective is to ensure that employment generated is from works that raise land productivity.


5) National Social Assistance Programme - The National Social Assistance Programme (NSAP) was launched with the aim to provide social assistance benefit to poor households in the case of old age, death of primary breadwinner and maternity. The programme supplements the efforts of the State Governments with the objective of ensuring minimum national levels of well being and the Central assistance is an addition to the benefit that the States are already providing on Social Protection Schemes. With a view to ensure better linkage with nutrition and national population control programmes, the Maternity Benefit Component of the NSAP was transferred to the Department of Family Welfare, Ministry of Health and Family Welfare with effect from 2001-02. The schemes of NSAP and Annapurna have been transferred to the State Plan with effect from 2002-03 with a view to provide requisite flexibility to the State / UT in the choice and implementation of the schemes.


6) Integrated Watershed Management Programme (IWMP) - During the Eleventh Plan, the three area development programmes, namely, Integrated Wasteland Development Programme, Drought Prone Area Programme and Desert Development Programme have been integrated and consolidated into a single programme called Integrated Watershed Management Programme (IWMP). This consolidation is for optimum use of resources, sustainable outcomes an integrated planning. The common guidelines for the Watershed Development Programme have been formulated and are effective from 1.4.2008. An amount of Rs.1825 crore has been allocated for IWMP during 2008-09. The ongoing projects sanctioned prior to 1.4.2008 under DADP, DDP, and IWDP would be continued to be implemented as per old guidelines.

The modified IWMP would adopt a three tier approach in which the upper reaches which are mainly forested and hilly would be treated with the support of Forest Department. For land situated intermediate slopes above the agriculture lands, the IWMP would address all the necessary issues of land treatment by adopting best possible options including cropping pattern, horticulture and agro-forestry etc. In the lower tire, which are plains and mainly agricultural lands, the IWMP would be dovetailed with the employment generating programme such as National Rural Employment Guarantee Scheme (NREGS) an would fill the critical gaps of NREGS and vice versa.

Under the new programme, a cluster approach would be followed with a broader vision of natural hydro-geographical unit of average size of 4,000 to 10,000 ha. comprising of clusters of micro-watershed to be selected as project area. The programme would be implemented by dedicated institutional agencies at state and central level. Professional support (in the form of multidisciplinary expert team) would be provided to support these institutions with proper fund allocation. A core GIS facility with spatial and non-spatial data augmented with satellite imagery data would be set up for giving Controlled access/distribution for local project planning.

The project period is proposed in the range of 5 to 7 years in three distinct phases, i.e. Preparatory, Watershed works and Consolidation phase. The consolidation phase will include livelihood activities, marketing, processing and value addition activities.

7) National Land Records Modernization Programme (NLRMP): The National Land Records Modernization Programme (NLRMP) has been conceptualized as a major system and reform initiative that is concerned not merely with computerization, updating and maintenance of land records and validation of titles, but also as a programme that will add value and provide a comprehensive database for planning developmental, regulatory and disaster management activities by providing location-specific information, while providing citizen services based on land records data.

Under the NLRMP, the following three layers of data will be integrated on a geographic information system (GIS) platform: Spatial data from satellite imagery/aerial photography, Survey of India and Forest Survey of India maps, and Revenue records: cadastral maps and RoR details. All cadastral maps will be digitized, and data included with plot numbers and unique id for each land parcel. Administrative unit boundaries from village level upwards (including panchayat, block, tehsil, circle, sub-division, district, division, State and national boundaries), forest, water bodies and other physical attributes of land and land use details will be overlaid, and other developmental layers (e.g., watersheds, road networks, etc.) added to the core GIS.

The activities to be supported under the Programme, inter alia, include survey/resurvey using modern technology including aerial photogrammetry, updating of land records including mutation records, completion of computerization of the records of rights (RoRs), computerization of registration, automatic generation of mutation notices, digitization of maps , integration of the entire system digitization of maps and training and capacity building of the concerned officials and functionaries. Connectivity amongst the land records and registration offices and land records management centers at tehsil/taluk/circle/block level would be supported. Access to land records data would be provided to Cooperative and other financial institutions for facilitating credit operations.

A major focus of the Programme will be on citizen services, such as providing records of rights (RoRs) with maps; other land-based certificates such as caste certificates, income certificates (particularly in rural areas), domicile certificates; information for eligibility for development programmes; land passbooks, etc.

In addition, the Programme will be of immense usefulness to the governments - both Central and State Governments - in modernizing and bringing efficiency to the land revenue administration as well as offering a comprehensive tool for planning various land-based developmental, regulatory and disaster management activities needing location-specific information. Even the private sector will be able to benefit from this comprehensive tool for planning business and economic activities.

For the above mentioned and other important programmes presently being implemented by the Ministry of Rural Development, refer and click on the respective links for detailed information:  http://rural.nic.in/sites/programmes-schemes.asp

DECENTRALIZATION AND PANCHAYATI RAJ:
For a vibrant and dynamic local self government Political Decentralization is a major advantage as then programming becomes more realistic and local problems receive immediate and urgent attention and the decision makers are more effectively accountable as local vigilance also increases thus reducing corruption.
Towards this goal, and keeping Gandhi ji's Sarvodaya (upliftment and progress of all) principle in mind,the GOI on 2nd October 1952(Gandhi Jayanti) launched a programme through which an all round development of the population ( rural) was sought that was termed as the Community Development Programme as a part of the first Five Year Plan alongwith a booster programme called the National Extension Services at the Block level headed by the Block Development Officer,however its implementation disclosed a distinct lack of citizen interest. Therefore, the Balwant Rai Mehta Committee to study and diagnose the same was set up and it brought forward the reason for this disinterest which was a dearth of avenues of popular participation in local level development programmes for the public/people.

The Balwant Rai Mehta Committee suggested the following as corrective measures in 1957:
i) A three tier Panchayati Raj structure to be established wherein the uppermost tier will be the Zilla Parishad ( District), while the lowermost tier shall be the Gram Panchayat ( Village level) and the intermediate tier was to be the Panchayat Samiti ( Block/ Taluk level).
ii) District Colector was to be the Chairperson of the Zilla Parishad and had an advisory and coordinating role.
iii) Panchayat Samiti to be entrusted with the executive powers.
iv) Direct elections to level of Gram Panchayat and higher level appointments to be made through nominations and other indirect means.
v) The Panchayat Samiti to have the headmen or sarpanch of the gram panchayat as its members while the Zilla Parishad shall be a body consisting of ex-officio members and headmen of the Panchayat Samiti.
vi) District or Zilla Parishad was seen as a unit for achieving democratic decentralisation and it was recommended as the unit for planning and organising as well as supervising district administrative functions.

This was implemented but some states were not in favour of giving such far reaching executive powers to the Panchayat Samiti ( Block level) and instead rooted for the District/Zilla Parishad as the executive body as it is alone capable of providing the requisite resources, administrative and technical personnel and equipment required for properly coordinated development. This was suported by the G.V.K Rao Committee as well that was setup to study the implementation of the abovementioned three tier structure. Maharashtra and Gujarat and Karnataka have adopted this model where the district is the executive body,in other states the Panchayat Samiti remains the executive body.

However, after the initial support and setting up of the Panchayati Raj in the villages, it suddenly took a backseat in the wake of new national and state level political leaderships in 1966 that had much thinner links with the Gandhian ideals and a leaning towards centralism and making the state governments subservient to the centre.And, the mounting food shortage of this period and crop failures led to reshuffling of priorities that focused on increasing agricultural production majorly. This reduced the role of the Panchayati raj from that of rural development to that of agricultural production as the new technologies for increased agricultural productivity gave leeway to the central government to enter the state and local governments' sphere of activity and subjects to implement the new programmes. The central government for implementing the new schemes and programmes in agriculture began to develop its own independent administrative hierarchies and  systematically bypassed the panchayati raj institutions.

All this was done through the bureaucracy,that is the District Collector at the local level and this led to alienation between bureaucracy and grassroot politicians viz. the ordering of affairs of the Panchayati Raj.

Coupled with this was the state government's lackadaisical attitude towards holding timely elections to these local bodies and when elected were suppressed by the state governments for the flimsiest of reasons. Inadequacy of funds available to these local bodies due to vested interests left them high and dry and incapable of initiating any developmental measures for the local community and thus they were totally on the mercy of the state and central governments.

Thus, seeing the pathetic condition of the Panchayati Raj Institutions, the Janata Party in 1977 set up  the Ashok Mehta Committee to examine the same. After examining the case, the committee recommended  the constitution of  two tier structure of PRIs with  'Mandal Panchayats' at the lower level and district level(Zilla Parishad) at the upper level.

Its detailed recommendations were:
i) A two tier structure (in place of a previously recommended three tier one) wherein the Zilla Parishad would remain the uppermost tier and  at the lower level,the ' Mandal Panchayat' was to be created for a cluster of villages having a population of 15 to 20 thousand and its 15 members to be directly elected by the people with a term of four years. He did not favour Gram Panchayats as he stated that the size of villages differed from district to district and hence there should be a standard benchmark for all districts. Note should be made, that after a while and conducting more studies he did recommend and favour the Block Level Panchayat Samiti arrangement to be kept as well as the intermediary between the Zilla Parishad and the Mandal Panchayats.

ii) The Zilla Parishad was to be the executive machinery at the District level.

iii) Participation of political parties in the elections to Panchayats to ensure continutiy of political process and aganda and making the local levels important and significant.

iv) Cabinet Minister with Panchayati Raj portfolio in the cabinet of the state Chief Minister to directly and specifically overlook the development of the local governments.

v) Constitution of a committee in the legislative assembly of the states to carry out a detailed scrutiny of the District Administration Programmes implementation in Panachayati Raj Institutions.

vi) Constitution of Nyaya Panchayats seperate from Development/Administrative Panchayat and to be headed by a Judicial Officer.

vii) Reservation of SC/ST in the Panchayats in proportion to their population in that Panchayat area and taxation powers to be given to the PRIs.

viii) Gram Sabha to be constituted together with the Gram Panchayat(elected representatives of the area through local people), consisting of all the electors/voters of that Panchayat area,who will be vested with the powers to consider the accounts and administration of the Panchayats and approve proposals for taxation and plans for development so that they are free from the hold of state governments, and they have to meet twice a year.


ix) Amendments to the Constitution to effect these changes.

x) The Chief Electoral Officer of the state in consultation with the Chief Election Commissioner should organise and conduct the Panchayati Raj elections.

xi) The state government should not supersede the Panchayat Raj institutions. In case of an imperative supersession, election should be held within 6 months from the date of supersession.

xii) The voluntary agencies should play an important role in mobilising the support of the people for Panchayati Raj.

As a result of this report, the Indian states of Karnataka, Andhra Pradesh, and West Bengal passed new legislation. However, the flow of politics at the state level later on did not allow the institutions to develop their own political dynamics.

Heavy centralisation during the Indira Gandhi regime subsequently started to bring back public opinion in favour of decentralisation seeing the shining models of Karnataka,Andhra Pradesh and West Bengal. So, when Rajiv Gandhi took over the reins, in order to consolidate his political mileage and interests that were deteriorating he took to the cause of Panchayati Raj Institutions to directly penetrate to the deepest level of voters bypassing the states. This was further strengthened by the L.M Singhvi's Commission on PRIs which recommended according of Constitutional status to PRIs and non involvement of Political parties in the elections to PRIs.

However, the bill was moved (64th Amendment) but fell flat in the upper house as Congress found itself out of power. In 1990, the National Front govt. under V.P Singh also moved another bill in the Parliament but it could not carry through as the govt. soon collapsed within no time.

Congress under the Prime Ministership of P.V Narsimha Rao in 1991 picked the PRI issue up again and consulted all major political parties while drafting the new PRI Bill and thus with all consent was passed in the parliament which was the 73rd Amendment Act in December 1991. It began operation in 1993 after its implementation was strategised and finalised and thus was opened a new chapter in History of the Panchayat Raj as a Constitutional body and made PRIs compulsory in all states and UTs with clear areas of jurisdiction and powers.









73RD CONSTITUTIONAL AMENDMENT:

The 73rd Constitutional Amendment Act is seen as the Magna Carta of decentralisation & social justice. The structure of the PRIs are broadly based on the Balwant Rai Mehta Committee report.


The main features of the Act Schedule XI, Part 9, ( Article 243 - 243o) are:
i) A 3 tier system of Panchayati Raj for all states having population of over 20 lakhs.
ii) All the seats in a panchayat at every level are to be filled by elections from respective territorial constituencies & Panchayat elections to be held regularly every 5 years.
iii) To appoint State Finance Commissions for making recommendations to suggest measures to strengthen finances of PRIs.
iv) To constitute District Planning Committees to prepare draft development plans and promote bottom-up-planning.
v) Estabilishment of State Election Commissions to supervise, direct and control the regular and smooth elections to panchayats
vi) Estabilishment of Gram Sabhas or village assembly as a deliberative body to decentralised governance.
vii) Reservation of seats for SC and ST and women ( not less than 1/3rd of seats).

An indicative list of 29 items has been given in Eleventh Schedule of the Constitution. Panchayats are expected to play an effective role in planning and implementation of works related to these 29 items.

The Gram Panchayat have been entrusted with both obligatory and discretionary functions which are both civic and developmental. The main emphasis being on development activities such as agriculture,primary education,health and sanitation and local amenities.

The Samithis throughout the country are entrusted with functions relating to planning and development. Its functions include agriculture and related activities, social welfare, education, health and sanitation,etc. They are also required to exercise supervision over the gram panchayats within its jurisdiction. In some Samithis, they also approve the budget of the Panchayats. In Maharasthra, the samithis implement development schemes formulated by Zilla Parishads and act as the committees of the latter.

The functions of the Zilla Parishad vary considerably from state to state. In some states they are concerned with supervisory and coordinating functions. In others they have specific role in regard to establishment and expansion of secondary education and vocational schools. In Maharasthra,however,it is the most important unit as it is entrusted with executive functions.

Nyaya Panchayats try petty civil and criminal cases and can impose fine. But they cannot award imprisonment. However, exceptions are there and in Bihar, Nyaya Panchayats may even award imprisonment. At times, Nyaya Panchayat gives only warning. District Officer may send for recommendation of any judgement given by Nyaya Panchayat. In general, the performance of Nyaya Panchayat is not encouraging because people do not appear before Nyaya Panchayats.

CURRENT SCENARIO:
At present, there are about 3 million elected representatives at all levels of the panchayat one-third of which are women. These members represent more than 2.4 lakh Gram Panchayats, about 6,000 intermediate level tiers and more than 500 district panchayats . Spread over the length and breadth of the country, the new panchayats cover about 96 per cent of India's more than 5.8 lakh villages and nearly 99.6 per cent of rural population. This is the largest experiment in decentralisation of governance in the history of humanity.
The Constitution visualises panchayats as institutions of self-governance. However, giving due consideration to the federal structure of our polity, most of the financial powers and authorities to be endowed on panchayats have been left at the discretion of concerned state legislatures. Consequently, the powers and functions vested in PRIs vary from state to state. These provisions combine representative and direct democracy into a synergy and are expected to result in an extension and deepening of democracy in India. Hence, panchayats have journeyed from an institution within the culture of India to attain constitutional status.



PROBLEMS IN IMPLEMENTATION AND SOLUTIONS:
i) The Centre and states continue to exercise powers in planning and the Panchayats do not enjoy autonomy financial and administrative as institutions of local self - government.

ii) The state governments often delay Panchayat elections on purely political considerations as they take advantage of the powers of issuing election notifications,delimitation of constituencies,earmarking of reserved seats and the State Election Commission's dependence upon the state govt. for logistic support including staff and finances. Therefor there is a need to strengthen the SECs by making specific provisions in the Constitution(through amendments to article 23k itself to make them independent of the state governments and draw expertise and guidance from the Election Commission of India and the State Election Commission shall submit its annual report to the Election Commission and to the Governor,every year and it may at any time submit special reports on any matter which in its opinion is of such urgency or importance that it should not be deferred till the submission of its annual report.

iii) Since the functions of the Panchayats are not posited as exclusive functions therefore, their role and governance depends on  the regime that controls the state government.

iv) States only assign them the responsibilities of implementing of the schemes/projects of the state and union,as a result they are only occupied with that and are not able to raise their might for the problems actually concerning the local areas/Panchayats they are in charge of. So, to correct this Article 243g of the Indian Constitution should be amended to declare the Panchayats as institutions of self-government and exclusive functions should be assigned to them that are clearly spelled out and demarcated for them.

v) State govts are still hesitant and reluctant in sharing their fiscal powers with the Panchayats and so there should be a separate tax domain/field exclusively for the PRIs and for this there should be an addition of a local list in the Seventh Schedule of the Indian Constitution together with the Union,State,Concurrent and Residual lists so that they gain their fiscal autonomy at par with the union and states.

vi) State Finance Commissions after collecting the reports from the local levels should submit its report to the Finance Commission for fund allocation and Finance Commission should make their recommendations in this light.

vii) The Constitution is silent on the topic of power of PRIs to recruit their own personnel to manage its functions and this has led to the slow growth of PRIs as self governing institutions. Thus there needs to be an amendment regarding the same to confer them with such autonomy.

viii) There should be a provision in the Indian Constitution to provide the Panchayats with an opportunity of being heard before dissolution by the state governments as this ommission has only lead to state governments carrying out their malafides whenever they want and dissolving the PRIs and then delaying elections,etc.

ix) The lack of coordination amongst the PRI machinery also needs to be addressed immediately for smooth rural development. There should be a provision for constitution of a state Panchayat Council under the chairmanship of the Chief Minister may be made in the Indian Constitution. And, the leader of opposition may be made the ex-officio vice chairman of the Council to provide consensus to the development of Panchayats as fully democratic,efficient and responsible institutions.

x) There is a lack of accountability of Panchayats because of inadequate provisions in law relating to audit of accounts of public bodies. And, there is not time frame to conduct audit of accounts of a given year,submit the report or comply with the objections raised in the report thus leading to misuse of funds,bad implementation of projects and overall weakening of the system. Therefore there should be changes made to these provisions for completing all the above in the given year itself. And, to ensure uniformity in this practice relating to audits of accounts,the C&AG of India be empowered to conduct the audit or lay down accounting standards for Panchayats.



This post ends here.


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The next post will cover:

Urban Local Government:
Municipal governance: main features,
structures, finance and problem areas;
74th Constitutional Amendment; Globallocal
debate; New localism; Development
dynamics, politics and administration with
special reference to city management.