Introduction
Late Prime Minister Shri Rajiv Gandhi
initiated the drive for people’s participation in local governance at the
grassroots level since the 80’s, which finally led to the 73rd and
the 74th Amendment to the Indian Constitution providing a
comprehensive structure for rural and urban local self-government institutions.
The
Constitution (73rd Amendment) Act,
1992 (commonly referred to as the Panchayati Raj Act) went into effect on April
24, 1993, and the Constitution (74th Amendment) Act, 1992 (the Nagarpalika
Act), on June 1, 1993. The amendments mandated reservations of positions in
these local bodies for women and for individuals from two traditionally
disadvantaged (and constitutionally recognised) groups: Scheduled Castes and
Scheduled Tribes[1],
thus endorsing the principle of participatory democracy, which involves governance with direct
involvement of the people. ‘Power to the people’ was the crux of these
Amendments.
The Constitution (74th Amendment) Act provides a
framework to enable participation of citizens in urban governance. The 74th Amendment
which was adopted by the Parliament in 1993, for the first time in India
Civic bodies were constantly faced with new challenges
thrown up by the ever increasing population, growing informal sector,
increasing levels of people below poverty line and spontaneous built housing,
causing tremendous stress on civic amenities and infrastructure. Investments in
social and physical infrastructure have often been found to be grossly
inadequate to meet pace of growth in urban areas.
To cope with these challenges and to increase
people’s participation in governance, the 74th Constitution
Amendment was introduced. The primary aim was to take the power to the people
in order to give them a responsive mechanism for provision of local goods and
services. This necessitated links between citizens groups and local government,
unlike the existing governing mechanisms where emphasis was on governance with
authority with limited scope for people’s participation.
The 74th Amendment introduced
Wards Committees in Municipal Corporations (Article 243 -S) to enable people to
prioritise execution of basic civic amenities in their wards and thus improve
the quality of governance by enunciating their active and direct participation.
Such interaction would help deepen the process of democratisation also of the
civic administration.
However an in-depth study of
implementation of 74th Amendment in Municipal Corporations in Maharashtra (case study of Mumbai and Nashik Municipal
Corporations) has reiterated the fact that many Amendments though drafted
excellently can be reduced to a meaningless exercise.
Implementation
of 74th Amendment in Maharashtra and
Genesis of Wards Committees
The local governments being a state subject in Schedule Seven of the
Indian Constitution, any legislation
reforming the structure of local government has to, ultimately, be enacted at
the state level. The first task of the states was therefore to pass conformity
acts, which either introduced new legislation or amended existing legislation, to
bring the state laws into line with the provisions of the amendment. Under the
amendments, states had a year, from the date the amendment went into effect, to
do so[3].
The 74th Amendment gave the mandate to the State Legislatures to
decide upon the composition of Wards Committees as well as the manner in which
the seats in the Wards Committees were to be filled. Thus apart from the
elected members who represent the wards, nomination of other members is left to
the discretion of the state governments.
Though the 74th
Amendment was promulgated in 1994 in Maharashtra through state conformity
legislation – The Maharashtra Municipal Corporations and Municipal Councils
(Amendment) Act 1994; Wards Committees were formed in Municipal Corporations in
Maharashtra only after the NGOs filed an Writ Petition in the High Court in 1999; so that the Court could give direction that
Wards Committees be set up throughout the State of Maharashtra pursuant to the
74th Constitutional Amendment and the respective state conformity
legislation, and that the State of Maharashtra codify specific norms for the
selection of Non-Governmental Organisations (NGOs) and Community Based
Organisations (CBOs) for participating in the functioning of the Wards
Committee[4].
The very fact
that neither the State Government nor the elected political representatives in
civic bodies or in the Legislative Assembly raised this issue nor tried to
implement this amendment, which was applied only after judicial intervention,
only shows how much interest these public bodies had in introducing democracy
at the grassroots level and how much respect they have for Constitution of
India. Apparently they were not keen on decentralisation of power and
introducing transparency, accountability and responsiveness in civic
administration.
74th Amendment and
Three-Tier Governance in Maharashtra
The 74th Amendment envisages
three - tier governance. Three types of municipalities in a State - (a) Nagar
Panchayat for a transitional area, (b) Municipal Council for a smaller urban
area, and (c) Municipal Corporation for a larger urban area[5].
The population criteria:
Population above 3,00,000 comprises a Municipal Corporation.
According to the Amendments to
the Maharashtra Municipal Councils Act, 1965, (Amendment of section 4 of Mah.
XL of 1965): -
- Population
above 1 lakh up to 3 lakhs is ‘A’ Class Municipal Council;
- Population
above 40,000 but less than 1 lakh comprises of ‘B’ Class Municipal
Councils and
- Population
of 40,000 or less shall be ‘C’ Class[6].
- The
areas having population of ten thousand and not more than twenty-five
thousand are categorised as Nagar Panchayats[7].
There are 22 Municipal Corporations in Maharashtra,
221 Municipal Councils out of which 18 are A Class Councils, 61 are B Class
Councils and 142 are C Class Councils and there are three Nagar Panchayats in
Maharashtra[8].
Since Wards Committees were to be formed in accordance
with population criteria, i.e. for a population of 3,00,000 or more; Wards
Committees were formed only in the Municipal Corporations in Maharashtra. That too only 16 Municipal Corporations out
of 22 Corporations had formed Wards Committees till 2004.
Who Comprises
of Wards Committees?
The Wards
Committees were to consist of: -
·
The Councillors representing
the electoral wards within the territorial area of the Wards Committee;
·
The Officer in charge of the
territorial area of the Wards Committee i.e. Ward Officer (Assistant Municipal
Commissioner); and
·
Three members from NGO’s or
CBO’s nominated by the Councillors [vide a Maharashtra Government Notification
- Maharashtra Municipal Corporations, Municipal Councils and Nagar Panchayats[9] (norms
for representation to the Non Government Organisations and Community Based
Organisations in the Wards Committees) Rules, 1999].
Population Criteria and Proximity
According to 74th Amendment,
and state legislation of 1994, the Municipal Corporations in Maharashtra were
to have number of Wards Committees proportionate to the population criteria.
The criterion has been showed in Table No.1.
Table
No.1
Population
|
Minimum
number of Wards Committees
|
Additional
Wards Committees for Additional Population
|
Maximum
Number of Wards Committees
|
Above
3 lakhs and up to 4.5 lakhs
|
3
|
….
|
4
|
Above
4.5 lakhs and up to 12 lakhs
|
4
|
1,50,000
|
9
|
Above
12 lakhs and up to 24 lakhs
|
9
|
3,00,000
|
13
|
Above
24 lakhs
|
13
|
6,00,000
|
25
|
Source: Maharashtra Act No. XLI 1994.
For population above 24 lakhs the minimum
number of Wards Committees according to the criteria was 13 and maximum was 25.
But in Municipal Corporation of Greater Mumbai (MCGM) the numbers of Wards
Committees formed are only 16 when there are 24 administrative wards for a
population of 1,19,14398 (Census 2001); whereas in Nashik Municipal Corporation
(NMC) there are 6 ward committees for a population of 10,76,967 (Census 2001). The population per Wards Committee in Mumbai
ranges from 6 to 8 lakhs while in Nashik it ranges from 1,30,000 to 2,00,000. Thus the idea of direct participation in
urban governance by people is defeated due to huge population in the Wards
Committees[10].
Wards Committees Functions Confined to Basic
Services
The Wards Committees largely adhere to the
constitutional provisions made in the Acts in MCGM as well as in NMC. The
functions are:
·
The speedy redressal of common
grievances of citizens, connected with local and essential municipal services
like water supply, drainage, sanitation and storm water disposal;
·
To grant administrative
approval and the financial sanctions to the plans for municipal works to be
carried out within territorial area of the Wards Committees costing upto Rs 5
lakh;
·
To consider and make
recommendations on the proposals regarding estimates of expenditure pertaining
to the wards under different heads of the accounts of budget before being
forwarded [11]to
the Commissioner.
However, the functions accorded to the Wards Committees are far
marginal than what were enunciated by the 74thAmendment. The State Government
has given marginal powers to Wards Committees vide Maharashtra Municipal
Corporation and Council (Amendment) Act, 1994 confining it to provision of
basic civic services. The Wards Committees perform a ceremonial role in giving
financial sanction and administrative approval to proposals up to Rs 5 lakhs.
Important functions mentioned in the Twelfth schedule of the Constitution such
as planning for social and economic development, public health, slum
improvement and upgradation, urban poverty alleviation, provision of urban
amenities and facilities such as parks, gardens and playgrounds have been
excluded from the purview of the Wards Committees.
Has There Been Peoples’ Participation
in Wards Committees?
Even though there has been a notification
issued on inclusion of NGOs/ CBO representatives in Wards Committees in
Maharashtra in September 1999, very few Municipal Corporations have seen their
inclusion in the Wards Committees. Navi
Mumbai Municipal Corporation, Ulhasnagar Municipal Corporation, Pimpri-Chinchwad
Municipal Corporation, Pune Municipal Corporation and Municipal Corporation of
Greater Mumbai are some of the Municipal Corporations who have nominated NGO /
CBO representatives in wards committees[12]. Nashik
Municipal Corporation does not have NGO/CBO nominated members in Wards
Committees.
Though the 16 Wards Committees were formed in January 2000 in
Mumbai, the NGO/CBO members were nominated only by 2002. Eleven Wards
Committees have nominated members
whereas five Wards Committees do not have nominated members.
The sprinkling of three NGOs or CBOs has
proved to be ineffective in raising people’s issues in Wards Committees. The
chief reason being ambiguity of their status. It is found that the nominated
members in Mumbai are demanding the right to vote on the assumption that their
status in the Wards Committees is on par with the Councillors. The fact that
only those members from NGOs and CBOs who have good equations with political
parties have been nominated by the councillors to the Wards Committees speaks
volumes about politicisation of nominated members in Wards Committees.
It is found that hardly any NGO/ CBO
nominated members are vocal in the Wards Committees’ meetings. This is a big
setback in the process of people’s participation and transparency. The NGO/ CBO
inclusion in the Wards Committees was done with a purpose of taking the power
to the people. However, majority of the NGO/ CBO Wards Committees’ members have
not shown the inclination of taking people into confidence by either circulating
Wards Committees’ agenda or minutes into various localities and generating
public opinion or by asking public about their requirements and ensuring
participatory budgetary process.
Suggestions for Effective Functioning
of Wards Committees
The Wards Committees can work effectively if the State Government
delegates adequate financial and administrative powers to them. It is observed
that the Wards Committees have limited powers and scope thus reducing it to a
powerless body, which is merely giving administrative approval and financial
sanctions. Addition of functions such as education, public health, slum
improvement and upgradation, planning for socio-economic development, poverty
alleviation, provision of urban amenities and facilities like parks, gardens
and play grounds will make the functioning of Wards Committees more
effective.
The right to prepare Ward Budget and
implement works at ward level can definitely improve the functioning of the
Wards Committees. Such an attempt was made in the Nashik Municipal Corporation.
A separate budget of Rs.4 crore was provided for Wards Committees in 2003-04
but never implemented. There is a need
to decentralise power of the General Body of the Corporation[13] and
give more powers to the Wards Committees.
Participation of people in Wards
Committees is minimal as meetings of the Wards Committees are not open for
people’s participation nor are the minutes easily available for the people.
Thus people are not directly participating in the decision-making process. Even
the three nominated NGO/CBO members have not been effectively ensuring people’s
participation. Thus there is a need to review this arrangement and widen the
platform of Wards Committee to enhance people’s participation. This could be
done by organising Ward Sabhas to assess civic needs of the people followed by
redressing their grievances or by opening up Wards Committees to people thus
enabling them to participate. Since the population per Wards Committees in MCGM
ranges from 6 to 8 lakhs, proximity of people is a serious casualty. There is a
need to review the criteria of Wards Committees per administrative ward and
decentralise it further to the level of electoral ward. People’s participation
could be enhanced by allowing a cross section of people such as representatives
of co-operative housing societies, chawl committees, educational institutions,
health services, social workers and professionals residing within the
territorial area of Wards Committee to attend the Wards Committees meetings.
The media should be allowed to cover the
Wards Committees’ meetings. In Nashik Municipal Corporation, the print media
and the electronic media regularly cover the Wards Committees meetings and
reports appear in the newspapers as well as on television. Thus the people are
aware of the existence of Wards Committees.
Print media could publish the proceedings
of the meetings and live coverage of the meetings by electronic media would
generate awareness regarding the issues discussed in the meeting and the
decisions therein. This could ensure transparency as well as enhanced
participation. The functioning of the
Wards Committee will become effective if a cross-section of people from all
strata of society come together and work in co-ordination with elected
representatives and the bureaucracy. This will give rise to a truly
representative as well as participatory democracy with effective checks and
balances.
These excerpts are from the
chapter –Functioning of Wards Committees in Maharashtra: A Case Study by
Chandana Shetye (YUVA) from the book
‘People’s Participation in Urban Governance’ edited by K.C. Sivaramkrishnan
(former Urban Development Secretary – Government of India), Published for
Institute of Social Sciences, by Concept Publishing Company, New Delhi - 110059,
2006.
[1] Chaudhuri
Shubham, 2003, What difference does a constitutional amendment make? The
1994 Panchayati Raj Act and the attempt to revitalize rural local government in
India, Department of Economics, Columbia University. http://sticerd.lse.ac.uk/dps/decentralisation/india.pdf, referred on
17th March 2007.
[2] Shetye Chandana, 2006, Functioning of Wards Committees in
Maharashtra: A Case Study, in Sivaramkrishnan K.C. (edit), People’s
Participation in Urban Governance, Published for Institute of Social Sciences,
by Concept Publishing Company, New Delhi- 110059.
[3] Chaudhuri Shubham,
2003, What difference does a constitutional amendment make? The 1994
Panchayati Raj Act and the attempt to revitalize rural local government in
India, Department of Economics, Columbia University. http://sticerd.lse.ac.uk/dps/decentralisation/india.pdf,
referred on 17th March 2007.
[4] Shetye Chandana, 2006, Functioning of Wards Committees in
Maharashtra: A Case Study, in Sivaramkrishnan K.C. (edi), People’s
Participation in Urban Governance, Published for Institute of Social Sciences,
by Concept Publishing Company, New Delhi- 110059.
[5] The Constitution (Seventy-Fourth Amendment) Act, 1992
[6] Maharashtra Act. No. XLI of 1994, Maharashtra Government.
[7] Ibid
[8] Directorate of Municipal Administration, 2004 data.
[9] Shetye Chandana, 2006, Functioning of Wards Committees in
Maharashtra: A Case Study, in Sivaramkrishnan K.C. (edit), People’s
Participation in Urban Governance, Published for Institute of Social Sciences,
by Concept Publishing Company, New Delhi- 110059.
[10] Ibid
[11] Ibid
[12] Data gathered from the respective Municipal Corporations in 2004.
[13] Most of the functions mentioned in Twelfth Schedule are given to
General Body of the Corporation.
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