The issues of local self-governance are primarily the issues of autonomy, authority, and accountability. Analyze. (10 marks, 150 words)
Introduction
The 73rd and 74th Constitutional Amendments have sought to bring about Gram Swaraj by institutionalising Local Self Government. However, the decentralisation has faced multiple issues. While the Governor is the executive head of the state, he also has some legislative powers. Art 368 confers constituent powers on Parliament which includes power to amend the Constitution. Cooperative Federalism refers to a federal setup, where there is coordination between Centre and states, and among states, cooperating for the common goal of the larger public interest (eg. Team India Wing of NITI Aayog)
90 words
Main Body
Issues of Local Self Governance:
A) Autonomy:
B) Authority:
(No state has devolved all 29 powers under XIth Schedule)
C) Accountability:
Legislative Powers of Governor:
Further, Governor has a dual role under India's constitutional scheme:
a) Executive Head of State
b) Agent of Centre
Whether it is justified:
Arguments against:
On a closer look, the role assigned by the Constitution is a necessary role given India's specific needs. However there needs to be safeguards to prevent misuse of powers.
Process of amending Constitution:
*No provision for joint sitting
Significance of Kesavananda Bharati case (KB case):
Positives:
Negatives:
Challenges to Cooperative Federalism:
To address these challenges, various constitutional mechanisms have been institutionalised:
Examining efficacy of these mechanisms:
Positives:
Negatives:
Conclusion
Way forward: → Demarcate more funds [e.g. Kerala demarcates 40% of state budget for LSG] → Conduct activity mapping for functional devolution [2nd ARC] → Introduce mechanisms like Citizen Charter [Implement Model Charters] Initiatives like Rashtriya Gram Swaraj Abhiyan must be built upon. Recommendations by Sarkaria and Punchhi Commission [such as committee to select governors] must be implemented. Despite its criticisms, the importance of the Basic Structure Doctrine can be seen by how even Bangladesh adopted it in 1989. Hence it must be cherished. Ultimately what is needed is political will. India must learn from best practices of countries like Australia and Canada who have sustained cooperative federalism by combining existing mechanisms with political will.
115 words
Diagram
Flowchart showing steps: Bill introduced in either house → Both houses pass with special majority → check if federal features changed → Yes: ratification by states → President assent → Constitution Amended; No: President assent directly → Constitution Amended
- Clear structural breakdown into autonomy, authority, accountability
- Use of headings and boxes for clarity
- Concrete examples like Kerala model
- Way forward with actionable points
- Clear articulation of dual role
- Structured with legislative powers listed
- Balanced arguments for and against
- Cites Sarkaria and Punchhi Commission recommendations
- Clear flowchart diagram for amendment process
- Precise legal detail on majority requirements
- Cites multiple landmark judgments
- Balanced positives and negatives
- International comparative example with Bangladesh
- Multiple relevant examples
- Clear enumeration of challenges
- Balanced positives/negatives
- Comparative international examples (Australia, Canada)
- Cites relevant case law
Alfred Thomas
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Local Self Government
Autonomy, Authority and Accountability of Local Self Government
723
Total words
14
Paragraphs
5
Bullets
structured, balanced, analytical
Tone