Unit 5: Local Institutions

Political Institutions at the Local Level

Local Self-Government refers to the management of local affairs by local bodies which have been elected by the local people. The **73rd and 74th Constitutional Amendment Acts of 1992** gave constitutional status to rural and urban local bodies, respectively.

Panchayati Raj Institution (Rural Local Bodies)

The **73rd Amendment Act, 1992** added a new **Part IX** and the **Eleventh Schedule** to the Constitution. It gave constitutional recognition to Panchayati Raj Institutions (PRIs).

Key Features:

• Three-Tier System: The Act provides for a three-tier system of panchayati raj in every state:
  1. Gram Panchayat at the village level.
  2. Panchayat Samiti / Block Samiti at the intermediate (block) level.
  3. Zila Parishad at the district level.
• Reservation of Seats: Reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population. Also, a reservation of not less than **one-third of the total seats for women**.
• State Election Commission: The Act provides for the creation of a State Election Commission to conduct all elections to the panchayats.
• State Finance Commission: Constituted every five years to review the financial position of the panchayats and make recommendations.
• Powers and Functions: The **11th Schedule** contains 29 functional items placed within the purview of panchayats, such as agriculture, rural housing, drinking water, and poverty alleviation programmes.

Urban Local Bodies

The **74th Amendment Act, 1992** added a new **Part IX-A** and the **Twelfth Schedule** to the Constitution. It relates to Urban Local Bodies (Municipalities).

The Act provides for three types of municipalities:

1. Nagar Panchayat: For a transitional area (an area in transition from a rural to an urban area).
2. Municipal Council: For a smaller urban area.
3. Municipal Corporation: For a larger urban area.

Key Features: Similar to PRIs, it provides for regular elections, reservation of seats for SCs, STs, and women, and the constitution of State Election and Finance Commissions. The **12th Schedule** contains 18 functional items within the purview of municipalities, such as urban planning, regulation of land use, and slum improvement.

Discussion on 6th Schedule with reference to Administration of Dima Hasao and Karbi Anglong districts of Assam

The Sixth Schedule

The **Sixth Schedule** of the Constitution of India contains special provisions for the administration of tribal areas in four northeastern states: **Assam, Meghalaya, Tripura, and Mizoram**. It aims to protect the rights and unique culture of the tribal population.

The main feature of the 6th Schedule is the creation of **Autonomous District Councils (ADCs)** and **Autonomous Regional Councils (ARCs)**.

Powers and Functions of Autonomous District Councils (ADCs)

These councils are endowed with significant executive, legislative, and judicial powers:

• Legislative Powers: They can make laws on specific subjects like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage, divorce, and social customs. However, these laws require the assent of the Governor.
• Executive Powers: They can establish and manage primary schools, dispensaries, markets, ferries, fisheries, roads, etc.
• Judicial Powers: They can constitute Village Courts or Councils for the trial of suits and cases between tribes.
• Financial Powers: They are empowered to assess and collect land revenue and impose certain specified taxes.

Administration in Dima Hasao and Karbi Anglong districts of Assam

In Assam, the 6th Schedule applies to three autonomous districts:

1. The Bodoland Territorial Region.
2. **Karbi Anglong Autonomous Council.**
3. **Dima Hasao Autonomous Council.**

The administration in **Dima Hasao** (formerly North Cachar Hills) and **Karbi Anglong** is carried out through their respective Autonomous Councils. These councils function as 'states within a state'.

• Structure: The councils consist of elected members, providing a democratic framework for self-governance.
• Role: They play a crucial role in the socio-economic development of these hill districts, which have distinct tribal populations (like Dimasa, Karbi, etc.) with unique cultures and traditions.
• Challenges and Implications:
  • The functioning of these councils has been a mixed bag. While they provide a platform for self-rule, they have often faced issues of corruption, lack of funds, and conflict with the state government.
  • There have been persistent demands for greater autonomy, direct funding from the Centre, and even the creation of a separate state (comprising Karbi Anglong and Dima Hasao) under Article 244(A) of the Constitution.
  • These councils are central to the politics of regional governance and the management of ethnic aspirations in Assam.