LOCAL SELF GOVERNANCE

UNDER GRADUATE- VII SEMESTER

(Constitutional Law Elective)

SESSION 2023-2024
(Summer Semester)

FACULTY- Dr. Avinash Kumar

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW,

RANCHI AT NAGRI, P.O. - BUKRU, KANKE-PITHORIA ROAD, KANKE
RANCHI- 834006 (JHARKHAND)
INDIA

2023
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Objectives of the Course-

An essential attribute of democracy is its emphasis on guaranteeing every citizen a voice in

decision-making. This in-turn ensures that decisions work to the benefit of majority members of the
society. It is this decentralization that local self governance aims at acheiving. It offers numerous
advantages to the residents of the areas it operates in. It functions as a school of democracy wherein
citizens are imparted political education regarding the issues of local and national importance. It
increases the efficacies of governmental initiatives as well as inculcates the virtues of harmony and
tolerance, essential for the working of any democracy. It stands firmly for the distribution and
diffusion of power leading to administrative deconcentration and decentralization. Being closer to
the grass roots, it finds solution for specific problems of local communities more efficiently.
Arguably, the local government furnishes a close relationship between the people and the higher
level of governments.

With the introduction of the 73rd and the 74th amendments to the Constitution, local self
government bodies have attained constitutional status. With its adoption, India has started moving
towards the ideal of direct democracy which endows the local bodies with the power of
administration in matters of local importance. This has helped in materializing the Gandhian
concept of Gram Swaraj.

The nature of the democratic functioning of these elected bodies and the scope of
administrative control as well of the judicial control over them are challenging areas for students of
constitutional law. The Panchayati Raj Institutions play a crucial role in a democratic setup. Ergo, a
person specializing in Constitutional law should be equipped with the knowledge on the working of
these systems, their constitutional scheme, and the legislative powers of the State in controlling and
transferring responsibility to the local bodies. For achieving this purpose, the curriculum has been
divided into the following 6 modules.

Prepared by- Dr. Avinash Kumar, Assistant Professor (Law),

 Local Self
MODULE I: INTRODUCTION TO THE KEY CONCEPTS

⮚ Governance and Government- Meanings and the Concepts Distinguished

⮚ The Idea of Good Governance and its Essentials
⮚ Historical Underpinnings of Governance and Local Self Governance in India
⮚ Meaning and Genesis of Democratic Decentralization

Suggestive Reading:

 Venketarangaiya, M. and Pattabhiram, M., Local Government in India (1969) Allied Publishers,
New Delhi

 Joshi, R.P., Narwani, G.S. Panchayat Raj in India: Emerging Trends Across the States (Rawat
Publications), Hyderabad, 2011

MODULE II: HISTORICAL DEVELOPMENT

⮚ The Gandhian Vision of Gram Swaraj

⮚ History, Growth and Development of Local Self Governance in India

 Pre-Independence:

▪ Lord Rippon’s Resolution,

▪ The Royal Commission on Decentralization (1907),
▪ Montagu-Chelmsford Reforms (1919)

 Post-Independence:

▪ The Five Year Plans and Local Self Governance

▪ Community Development Programme,
- Its Decline
▪ Balwant Rai Mehta Committee,
▪ K. Santhanam Committee,
▪ Ashok Mehta Committee,
▪ GVK Rao Committee,
▪ L.M. Singhvi Committee

Prepared by- Dr. Avinash Kumar, Assistant Professor (Law),

 Local Self
Suggestive Reading:

● Mathur, Kuldeep: Panchayati Raj (Oxford), New Delhi, 2013

MODULE III: THE JOURNEY TOWARDS A CONSTITUTIONAL MANDATE

⮚ Federalism and Local-Self-Government in India

 The dichotomy and their harmonious existence

 The Constitutional Bias towards Centralization

⮚ Directive Principles of State Policy (Article 40)

⮚ 73rd and 74th Constitutional Amendment

⮚ Schedule XI and Schedule XII of the Constitution

⮚ Legislative Frameworks
 PESA
 MESA: The Lost Bill

Suggestive Reading:

● Venketarangaiya, M. and Pattabhiram, M., Local Government in India (1969) Allied

Publishers, New Delhi

● Joshi, R.P., Narwani, G.S. Panchayat Raj in India: Emerging Trends Across the States
(Rawat Publications), Hyderabad, 2011

● Khanna, B.S., Panchayati Raj in India- National Perspectives and State Studies (Deep and
Deep Publications), New Delhi, 1994

MODULE IV: RURAL LOCAL GOVERNMENT

⮚ Gram Sabha- Meaning, Functions, Social Audits and Nyaya Panchayat

⮚ Gram Panchayat- Composition, Functions, Sarpanch, Powers and Functions of Sarpanch

Prepared by- Dr. Avinash Kumar, Assistant Professor (Law),

 Local Self
⮚ Taluk/Block Panchayat- Introduction, Composition, Functions, Chairman- Powers and
Functions

⮚ Zilla Panchayat- Introduction, Composition and Functions

⮚ Financial Administration

⮚ State Control over PRIs

MODULE V: URBAN LOCAL SELF GOVERNMENT

⮚ Municiapal Corporation

 Organization and Functions

 Municipal Council
 Mayor: Functions and Powers
 Committee: Wards committees, District Planning Committee, Metropolitan
Planning Commitee
 Municipal Commissioner: appointment, tenure, powers and functions

⮚ Cantonment Boards

⮚ Special Purpose Urban Development Agencies

⮚ State Control and Supervision

Suggestive Readings:

 Dharampal, Panchayat Raj and India’s Polity, Vol IV (Other India Press) Goa, 2000

MODULE VI: MODERN DIMENSIONS

⮚ Panchayat and the Role of Civil Society

⮚ Women Empowerment and Panchayati Raj

- The Complexity of Sarpanch Pati

⮚ Efficacy of Reservations and Local Government

Prepared by- Dr. Avinash Kumar, Assistant Professor (Law),

 Local Self
Suggestive Reading:
Goel, S.L.: Panchayati Raj in India : Theory and Practice (Deep and Deep Publications),
New Delhi, 2009.

IMPORTANT NOTE:-

- The learning methodology shall include lecture-cum-discussions, assignments,

and presentations/debates.
- The topics and sources given above are not exhaustive. The teacher teaching the course
shall be at liberty to add/subtract topics/cases.
- The students are required to study the statutes as amended up-to-date and consult the
latest editions of books.

Prepared by- Dr. Avinash Kumar, Assistant Professor (Law),