Implementation of 73rd & 74th Constitutional amendments in Himachal Pradesh – HPAS Mains

The 73rd and 74th Constitutional Amendments of India, passed in 1992, marked a significant shift towards decentralization of power and gave constitutional recognition to Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs). These amendments were aimed at strengthening democracy at the grassroots level by enabling local self-governance.

In the context of Himachal Pradesh, the implementation of these amendments has had a profound impact on local governance and the empowerment of rural and urban populations.

1. The 73rd Constitutional Amendment – Panchayati Raj Act

The 73rd Amendment deals with rural local governance (Panchayats). The key features of the amendment are:

• Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zila Parishad at the district level.

• Provision of reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women (one-third of seats).

• Direct election to the office of Panchayat members and Panchayat heads.

• Devolution of powers and functions to Panchayats to plan and implement schemes in sectors like agriculture, rural development, health, and education.

A. 73rd Amendment in Himachal Pradesh

Himachal Pradesh became one of the first states to implement the 73rd Amendment in its state legislation. The Himachal Pradesh Panchayati Raj Act, 1994, was enacted to give effect to the provisions of the 73rd Amendment.

Key aspects of its implementation in Himachal Pradesh:

1. Constitution of Panchayats at Three Levels:

   • Gram Panchayat (Village Level): Directly elected members for every village, headed by a Sarpanch.

   • Panchayat Samiti (Block Level): Elected representatives from the Gram Panchayats of the block area.

   • Zila Parishad (District Level): Elected members representing various blocks within the district.

2. Decentralization of Powers:
   The state devolved several functions related to agriculture, rural development, health, education, and water resources to the local bodies, thereby enhancing the administrative autonomy of Panchayats.

3. Women’s Empowerment:

   • A one-third reservation for women at all levels of Panchayats ensured the active participation of women in local governance.

   • In Himachal Pradesh, this led to the emergence of women leaders like Sarpanchs and Panchayat heads who played significant roles in local governance.

4. Financial Devolution:

   • The state government allocated funds to the Panchayats for development activities and provided them with autonomy to manage resources for local welfare schemes.

5. Electoral Reforms:

   • Regular elections were conducted to ensure transparency and accountability in the functioning of Panchayats.

2. The 74th Constitutional Amendment – Urban Local Bodies (ULBs)

The 74th Amendment introduced reforms for urban local governance, focusing on cities and towns. The key features of the amendment include:

• Urban Local Bodies (ULBs): Constituted at the level of municipalities and municipal corporations, depending on the population size.

• Constitution of Municipalities: Including Nagar Panchayats for small towns, Municipalities for medium towns, and Municipal Corporations for large cities.

• Election of Mayor and Councilors: Through direct elections for urban areas.

• Devolution of Powers: Providing municipalities with the authority over urban planning, roads, water supply, sanitation, and local markets.

A. 74th Amendment in Himachal Pradesh

Himachal Pradesh also implemented the 74th Amendment through the Himachal Pradesh Municipal Act, 1994. The Act provided a legal framework for establishing Urban Local Bodies (ULBs) in cities and towns.

Key aspects of its implementation in Himachal Pradesh:

1. Constitution of Urban Local Bodies (ULBs):

   • Urban areas were divided into Municipalities and Municipal Corporations depending on their size and population.

   • The largest cities, like Shimla, became Municipal Corporations.

   • Nagar Panchayats were formed in smaller towns.

2. Direct Elections:

   • The urban local bodies have directly elected councils, and the Mayor is directly elected in municipal corporations, empowering the local population to have a say in urban governance.

3. Powers and Responsibilities:

   • The ULBs were given powers over urban planning, land use, water supply, sanitation, and urban infrastructure development.

   • The state government provided financial support for urban infrastructure, including projects like roads, water systems, and waste management.

4. Women’s Reservation:

   • Similar to rural areas, a one-third reservation for women was implemented at all levels of ULBs, ensuring greater female representation in urban governance.

5. Financial Independence:

   • Urban local bodies were granted more financial autonomy, with provisions for taxation, revenues, and grants from the state and central governments.

3. Challenges in Implementation

Despite the early adoption of both the 73rd and 74th Amendments, several challenges have been faced in Himachal Pradesh regarding their full implementation:

1. Limited Devolution of Powers:

   • While Panchayats and ULBs were provided with more powers, the state government has sometimes been slow in devolving full powers, especially in matters related to financial resources and administrative control.

2. Inadequate Capacity Building:

   • There has been insufficient training and capacity building for local elected representatives, especially in the context of Panchayats, which has hindered effective governance and planning.

3. Financial Constraints:

   • Despite the allocation of funds, resource constraints often limit the execution of local-level development projects, especially in the hilly and remote regions of Himachal Pradesh.

4. Political Interference:

   • In certain instances, there have been concerns about political interference in the functioning of Panchayats and ULBs, which affects their autonomy.

5. Weak Monitoring Mechanisms:

   • The lack of effective monitoring of local bodies’ activities has sometimes led to poor accountability in terms of project execution and governance.

4. Achievements of the 73rd & 74th Amendments in Himachal Pradesh

Despite the challenges, there have been significant achievements in the implementation of the 73rd and 74th Amendments in Himachal Pradesh:

1. Empowerment of Local Governance:

   • The amendments have strengthened the role of local governance at the grassroots level, providing people with more influence over the decisions affecting their daily lives.

2. Improved Service Delivery:

   • There has been an improvement in service delivery in areas like water supply, sanitation, and roads due to the active involvement of Panchayats and Urban Local Bodies.

3. Increased Women’s Participation:

   • Women’s participation in local governance has seen a rise, with women playing key leadership roles as Sarpanchs, Mayors, and Councilors.

4. Decentralized Planning:

   • Local bodies have gained the power to plan and execute development schemes, especially in the sectors of health, education, and rural development.

5. Conclusion

The 73rd and 74th Constitutional Amendments have brought significant political and administrative changes in Himachal Pradesh, promoting decentralization and empowering local institutions. Though there have been challenges in terms of full implementation, the panchayats and urban local bodies have played an important role in improving governance, service delivery, and people’s participation in decision-making. Moving forward, further strengthening of these institutions with better financial resources, capacity building, and institutional support will be crucial for realizing the true potential of these constitutional reforms in the state.