Powers And Functions Of People.pdf

Legislative Practices and Procedures

ASSIGNMENT

Submitted to : Dr. Abhishek Srivastava Submitted by : Tanisha Rana 2519 B.A. (Hons.) Pol. Sci. IV Semester

Powers and Functions of People’s Representative at Different Tiers of Governance The polity of India is a unique one. India is a federal country with a strong centre. This means that the whole country is divided into independent states which have freedom to govern themselves. But, also they are united and are governed by a stronger centre. Indian political system work in three tier : I. Central government (made up of Lok Sabha and Rajya Sabha) II. State government (made up of Legislative assembly) III. Local self government (comprise Municipal corporation, Municipalities, Gram Panchayat, etc.) Initially we have only two tier government, one at central level and other at state level. But, after the passing of 73rd & 74th Constitutional Amendment Act 1992, a new part was added IX & X-A to the constitution titled ‘The Panchayats’ and ‘The Municipalities’ respectively, which adds the third level of government in India i.e. at the local level (Panchayati Raj).

The centre is divided into two conceptual parts again- As a country with people, and a country with states. Lok Sabha represents the people of the country irrespective of what state they belong to. Rajya Sabha represents the different states and not the people. Now, the powers to legislate on various subjects are given under the Seventh Schedule of the Constitution. To both these houses of Parliament, Member of Parliament (MP’s) are elected. Meanwhile Member of Legislative Assembly (MLA’s) are elected to the legislative assembly of a State. MLA is a representative elected by the voters of an electoral district (constituency) to the legislation of a State in the Indian system of government. MLA belongs to a particular state and discuss matters regarding that particular state only. A MP is a member of either house i.e. the Lok sabha or the Rajya sabha. Both these houses are collectively known as the parliament of India and it is supreme legislative body of the republic of India and deals with law making pan India. The members of lok sabha are directly elected by the Indian public voting in single members districts and the members of rajya sabha are elected by the members of the states legislative assembly (MLA) by proportional representation. Each state has between seven and nine MLA for every

Member of Parliament (MP) that it has in the Lok Sabha. The Indian constitution clearly defines the distribution of powers between the Union and the States. The State Legislature has the power to make laws on all items in the state list, on which Parliament cannot legislate law such as police, prisons, irrigation, agriculture, local governments and public health. In such case the MLAs discuss and vote for such bills. However, both parliament and state assembly can make law on some items such as education, protection of natural resources like forests, water source and protection of wildlife. Similarly, both involve in the process of electing the President of India. Also some part of the constitution can be amended by the parliament with the approval of the states only. Thus, both MLAs and MPs create laws according to the powers granted to them on making legislature by the Constitution of India. A minister can be a state minister in which case he has to be a MLA first or a minister can be a cabinet minister in which case he has to be selected in either of the houses of parliament. Ministers of both the types are responsible for certain departments of the government and execute the laws enacted by either the state assembly or the parliament of India. Thus, cabinet is the supreme directing authority, the magnet of the policy, which coordinates and controls the whole of executive

government of the Union and integrates and guides the work of Parliament. So, if there is a foreign policy you support, you should see what work the MP has done regarding such a law. But, if some law about the local police is concerned then you have to see what work the MLA has done. MPs, MLAs usually don’t fret about traffic jams, potholes, sewer, electric lamps etc. The responsibility of that is on the Municipality or Municipal Corporation of the town or the city. Here, the corporators of various wards are elected to do such local works. The main work of an MP is to work on policies on a national scale, like the economic policy, budget, defense, railway etc. For the MLA, it is state specific, like amma canteens, building state highways etc. For the corporator of ward, it is about sewerage, drinking water, electricity shortage, etc.

Facilities for MP/MLAs

Amenities provided to the members are related to salaries and allowances, traveling facilities, medical facilities, accommodation, telephones, etc. These are governed by the Salary, Allowances and Pension of Members of Parliament Act, 1954 and the rules are made there under. 1. Salary and Daily Allowances With the commencement of Salary, Allowances and

Pension of Members of Parliament (Amendment) Act, 2001, the amount of salary has been increased from rupees four thousand to rupees twelve thousand per men for a period of five years w.e.f. 14 September 2001. Similarly, the amount of daily allowances has been increased from rupees four hundred to rupees five hundred for each day of residence on duty at a place where the session of a house of parliament or a sitting of a committee thereof is held. 2. Traveling Allowance/Travel Facilities A member is entitled to the following traveling allowances for the journey performed by him/her for attending a session of the House or a sitting of a committee or for the purpose of attending to any other business connected with his/her duties as a member from his/her usual place of residence to the place where the above-mentioned business is transacted and for return journey from such place of residence: a) If the journey is performed by rail, an amount equal to one first class plus one second class fare irrespective of the class in which the member actually travels. b) If the journey is performed by air, an amount equal to one and one-fourth of the air fare for each such journey.

c) If the journey or any part thereof cannot be performed by rail or airWhere the journey or any other part thereof is performed by streamer an amount equal to one and three-fifths of the fare for the highest class in the streamer. Where the journey or any part thereof is performed by road, road mileage at the rate of rupees eight per kilometer. a) Rail Travel Facilities Every member is provided with a) One month non-transferable first class air conditioned or executive class of any train which entitled him to travel at any time by any railway in India; b)One free non-transferable air-conditioned two-tier railway pass for one person to accompany the member when he travels by rail 3. Accommodation Each member is entitled to a license-fee free flat or hostel accommodation throughout his term of office. 4. Telephonic Facilities No charges shall be payable by a member in request of the installation and rental of one telephone installed either at his residence or at his office in Delhi or New Delhi, and no member shall be liable to make any payment in respect of the first 50,000 local calls made from the telephone during any year.

5. Medical Facilities Under the Central Government Health Scheme as extended to members, a member and his/her family are entitled to free medical treatment on a monthly contribution of Rs.150. dispensaries for providing treatment mainly to the members exist in North Avenue, South Avenue, Dr. Zakir Hussain Road, Constitutional Club and First Aid Post in V.P. House. Members of Parliament Local Area Development Scheme (MPLADS) It is a scheme formulated by the Government of India on 23 December 1993 that provides that each member of (parliament of India) has the choice to suggest to the Head of the District works to the tune of Rs.5 crore per year, to be taken up in his/her constituency. Initially this scheme was administered by Ministry of Rural Development. Later, in October 1994, Ministry of Statistics and Program Implementation (MOSPI) has been looking into its working. Elected members of Rajya Sabha representing the whole of the State as they do, may select works for implementation in one or more district(s) as they may choose. Nominated members of Lok Sabha and Rajya Sabha may also select works for implementation in one or more districts, anywhere in the country. The allocation per MP per year

stands increased to Rs.2 crores from the year 1998-1999 which has been further enhanced to Rs.5 crores from the year 2011. It also allows MPs to spend up to Rs.10 lacs in any other constituency in India. Nominated MPs can spend there funds in any constituency they want while Rajya Sabha MPs have to spend it in the constituency they are elected from. But great power comes with great responsibilities: 1) To serve the people of the region and country. 2) Justice within no time at minimum or no cost. 3) Minimize legislation. 4) Hundred percent participation in the assembly/parliament. 5) Strictly implement laws of the country and written off out dated and unsuitable laws. 6) Bear in mind - One lakh or Ten lakh people’s voice from your mouth. 7) Duty to serve - not to participate in the stage shows (like inauguration and so on). 8) Think, talk and work for progress only , instead of eating others waste. 9) Model of Public - filing their income returns and relevant other facts in time. 10) No involvement criminal activity, unlawful activity, not at the instance. The election time only change and open the door of Judiciary.

11) Need to serve each and everyone he represents - directly or indirectly with the help of latest connectivity. 12) No involvement beg for higher post, black mail tactics, and other advance technology of their negative research. 13) Compete to minimum facility to self and maximum to the public. 14) Canvas and advertise good thoughts and works of you instead of bad thoughts and works of opponents. 15) Best utilization of land, labor, skill and sources of energies for all round development. 16) Mass leader.

Powers of MPs and MLAs Powers of MLA (Member of Legislative Assembly)

1. Legislative powers: The primary function of a Member of the Legislative Assembly is law-making. The Constitution of India states that the members of the Legislative Assembly can exercise their legislative powers on all matters on which the Parliament cannot legislate. An MLA can exercise his legislative powers on the State List and the Concurrent List. The State List contains subjects of importance to the individual state alone, such

as trade, commerce, development, irrigation and agriculture, while the Concurrent List. The State List contains subjects of importance to the individual state alone, such as trade, commerce, development, irrigation and agriculture, while the Concurrent List contains items of importance to both the Union Government and the State Government such as succession, marriage, education, adoption, forest and so on. Although ideally only the Members of the Legislative Assembly can legislate on the State List, the Parliament can legislate on subjects in the State List while Emergency has been imposed on the State. In addition to that, on the matters that are included in the concurrent List, the laws made by the Parliament are prioritized over the laws made by the Legislative Assembly if the President does not give the assent to the laws made by the Legislative Assembly. Although the members of the Legislative Assembly are the highest law -making organs of the State government , their legislative powers are not absolute. 2. Financial Power: The Legislative Assembly holds absolute financial power in the state. A Money Bill can only originate in the Legislative Assembly and the Members of the Legislative Assembly must give consent for

any of the expenses made from the State Treasury. It must be noted that in the states that have a bicameral legislature, both the Legislative Council and the Vidhan Parishad can pass the Bill or suggest changes to the Bill within 14 days of its receipt although the members are not bound to abide by the changes suggested. All grants and tax-raising proposals must be authorized by the MLAs for them to be executed and implemented for the development of the state. 3. Executive Power: The Members of the Legislative Assembly in each state exercise certain executive powers. They control the activities and actions taken by the Chief Minister and the Council of Minister. In other words, the ruling government answerable to the Legislative Assembly for all its decisions. A vote of no confidence can be passed only by the MLAs in any state that, if passed by a majority, can force the ruling government to resign. Question Hour, Cut Motions and Adjournment Motions can be exercised by the Members of the Legislative Assembly in order to restrict the executive organ of the state government machinery.

4. Electoral Powers: The Members of the Legislative Assembly have certain electoral powers such as the following: 1) Elected Members of the Legislative Assembly comprise the Electoral College that elects the President of India. 2) MLAs elect the members of the Rajya Sabha, who represents a particular state. 3) The Speaker and the Deputy Speaker of the Legislative Assembly are elected by the MLAs. 4) In states with a bicameral legislature, one-third of the members of the Legislative Council are elected by the MLAs. Constitutional and Miscellaneous Powers: a. Some parts of the Constitution of India that relate to the federal provisions can be amended by ratification by one-half of the Members of the Legislative Assembly. b. MLAs review reports of the Public Service Commission and the Accountant General. c. MLAs appoints the various Committees to the House.

Powers of an MP (Member of Parliament) Although the exact roles and responsibilities of MP are not codified in the Constitution of India, Section 3 of Article 105, which discuss the powers

and privileges of MPs and of committees, lays the responsibility of defining the responsibilities of an MP. It says: “the powers, of each Houses of Parliament, and of the members and the committees of each House, shall be defined by Parliament by law from time to time.” However, through various laws and otherwise, an MP is required to perform various responsibilities in Parliament and outside, which can be broadly classified into the following: (An MPs major role is legislative and over the years some executive functions have been assigned). 1) Legislative Role Making laws for governance of our country. An MP participates in the discussion of a bill and suggests amendments to a Government bill. Separately, any MP whho is a non Minister can also propose legislative changes to the government, through Private Members’ Bills. An MP also participate in the voting for amendments in the Constitution of India (subjects to the basic structure.) Legislative matters on issues such as creation of state legislative councils; to increase or decrease area or boundaries of a state, change the name of a state and Union territories; regulation of the organization and jurisdiction of the Supreme Court and High Courts and allot one High Court to two or more states, etc. are also discussed by

the MPs in their respective house. An MP also participate in the process of impeachment of the President; removal of the Vice President, and the judges of High Court and Supreme court. Delegated Legislation: Once a bill is signed into law, the powers to make detailed rules and regulations within its framework rest with the executive. An MP’s role is to keep a check on executive overreach and ensure that the powers of delegated legislation are not abused by the government. For e.g. RS MP, P.Rajeev raised objections to the IT rules drafted by the government in 2011. 2) Supervisory Role The MPs exercise control over the executive through Parliamentary interventions such as Question Hour, Zero Hour, Calling Attention Motion, Adjournment Motion, No-Confidence Motion, Censure Motion and other discussion. MPs also supervise the executive by participating in committees like Public accounts, estimates, Public Undertakings and various other department related standing and adhoc committees. For e.g. : I am part of the Parliament Standing Committee on Public Undertakings, Consultative Committee for the Ministry of Finance and Parliamentary Standing Committee on Home Affairs and I participate in debates on issues pertaining to the committees regularly.

3) Electoral Role An MP participates in the election of the President and the Vice-President. On the one hand, a Lok Sabha MP elects the Speaker of the House and the Deputy Speaker. On the other hand, a Rajya Sabha MP elects the Vice-Chairman of the Rajya Sabha. 4) Powers of the Purse No tax can be levied and no expenditure incurred by the government expect with the approval of the Parliament. The Budget is therefore presented to the Parliament. Parliamentary control over executive in matters of Finance is : a) Budgetary control b) Post-Budgetary control (through financial committees-that some MPs in rotation are a part of) 5) Representative Responsibility Every MP is the voice for his/her constituency. Every MP has to raise issues of his constituency in Parliament through question, debates etc. An MP can also play a role in implementing projects at the level of the District Collector or at the State Government and the Central governmental level.

 Till now we studied about the role, powers and functions of MP’s and MLA’s. We learned everything about what they are, who elect them, how they represent people, what sort of work they do for public and many more. But they cover only two tiers of governmental functioning. Another chapter got unfold when third tier was added to the Indian Constitution for the Governance of Local level.

Rural and Urban Local Self Government

We know there is a government in India at the Center and State levels. But there is another important system for local governance. The foundation of the present local self-government in India was laid by the Panchayati Raj System (1992). But the history of Panchayati Raj starts from the self-sufficient and self-governing village communities. Evidence suggests that self-governing village bodies called ‘sabhas’ existed during ancient India. With the passage of time, these bodies become Panchayats (councils of five persons). Panchayats were formal institutions of grass-root level governance in almost every village. They endured the rise and fall of empires in the past, to the current highly structured system.

What is Local Self-Government?

Local self-government implies the transference of the power to rule to the lowest rungs of the political order. It is a form of democratic decentralization where the participation of even the grass root level of the society is ensured in the administration.

History of Local Administration.

Local self-government, to borrow a phrase from Sydney Webb, is “as old as the hills”. This can be more true of India than any other country of the world. There is sufficient evidence to establish the fact that the institution of local self-government is almost pre-historic, and the conception of local self-government is indigenous to the Indian soil. The existence of local bodies in ancient India is a positive proof of the inherent genius of our people to manage local affairs efficiently and on a decentralized basis. The local governments at different levels, performing many functions, though not very democratic, but were autonomous. Local self government under the Muslim Rule With the coming of the Muslim rule in India, local institutions received a set-back, as they did not enjoy the same autonomy and prestige, as under the Hindu kings. Mughal government was highly centralized autocracy. The Muslim rulers

recognized local chiefs and zamindars as the repositories of local authority, to the exclusion of the people. The villages and towns of the Mughal empire enjoyed parochial self-government rather than local autonomy. The office of Kotwal was developed as the key stone of the municipal administration and his functions in connection with the town in his charge were, at least in theory, the most comprehensive conceivable being in certain respects even wider than those of the municipal bodies of the present day Between the breakdown of the Mughal empire and the coming of the British, there was complete anarchy and military despotism in most parts of the country. Local self-government during the British rule The state system, after the advent of the British emerged as a highly centralized set up. No attempts were made to build up the system on indigenous foundations, although a good deal of indigenous taxation was retained in local finance. The history of local self-government in India under the British rule can be conveniently divided into four phases. The first phase may be assumed to have ended in 1882, when Lord Ripon issued his well-known resolution on local self government.

The second phase covers developments from 1882 to 1919, when more powers were transferred from the centre to the provinces, and the recommendations of the Decentralization Commission of 1907, besides discussing other matters, suggested some changes in local self-government. The third phase extended up to 1935, during which the Indian Taxation Enquiry Committee (1925) considered the problems of local taxation, along with central and provincial finances. The Simon Commission of 1930, reversed the process of decentralization, by recommending strict control of the state over local bodies. The fourth phase covers developments up to 1947. During this phase, the struggle for independence was intensified and with the introduction of provincial autonomy in 1937, and coming into power of congress ministries in many provinces, local bodies, particularly village panchayats, received a great stimulus and there was democratization of local bodies. A rapid survey of local self-government and finances in India under the British rule, reveals certain “well marked characteristics”. 1. Lamentable half hearted concessions to a demand for wider systems of local self-government. For a long time, local government remained a democratic facade to an autocratic structure.

2. Local Finances had not the free and natural growth they had in most of the European countries. 3. Local self-government inherited but little from indigenous local institutions and their development was artificial from outside. 4. Arbitrary and haphazard nature of local taxation that emerged from the British period. 5.Non-hierarchical character of local government 6.No distinction between deliberative and executive functions 7. Local self-government acquired a political character. 8. The control exercised by the Government and its agencies was excessive. Independence opened a new chapter. Even though minor forms of local governance were evident in India, the framers of the constitution, unsatisfied with the existing provisions, included Article 40 among the Directive Principles, whereby: “The state shall take steps to organize village panchayats and endow them such powers and authority as may be necessary to enable them to function as units of self-government.” Later, the conceptualization of the system of local self-government in India took place through the formation and efforts of four important committees from the year 1957 to 1986.

1. Balwant Rai Mehta Committee (1957) This was appointed by the Government of India in January 16, 1957 to examine the working of the Community development program and the National extension services , for which it submitted its report in November 24, 1957 and recommended the establishment of the scheme of ‘democratic decentralization’ Some of the recommendations are:  Establishment of three-tier Panchayati Raj System. Gram Panchayat at Village Level, Panchayat Samiti at the Block level, and District Parishad at the District Level.  District Collector to be the chairman of Zila Parishad.  Transfer of resources and powers to these bodies to be ensured.  Irrespective of political parties, Elections has to be constituted for every 5 years 5 years in a genuine way. These recommendations were accepted by the National Development Council in January 1958. Rajasthan (1959) adopted the system first, followed by Andhra Pradesh in the same year. Some states even went ahead to create four-tier systems and Nyaya panchayats, which served as judicial bodies.

2. Ashok Mehta Committee (1977-1978) In December 1977, the Janata Government appointed a committee on Panchayati Raj institutions under the chairmanship of Ashok Mehta. The committee submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining Panchayati Raj system in the country. As a result of this report, the Indian states of Karnataka, Andhra Pradesh, and West Bengal passed new legislation. However, the flow of politics at the state level did not allow the institutions to develop their own political dynamics. The main recommendations of the committee were:  The 3-tier system of Panchayati Raj should be replaced by the 2-tier system: Zilla Parishad at the district level, and below it,the Mandal Panchayat consisting of a group of villages covering a population of 15000 to 20000.  A district should be the first point for decentralisation under popular supervision below the state level.  Zila Parishad should be the executive body and made responsible for planning at the district level.  There should be an official participation of political parties at all levels of Panchayat elections.

 The Panchayat Raj institutions should have compulsory powers of taxation to mobilise their own financial resources.  There should be a regular social audit by a district level agency and by a committee of legislators to check whether the funds allotted for the vulnerable social and economic groups are actually spent on them.  The state government should not supersede the Panchayat Raj institutions. In case of an imperative supersession, election should be held within 6 months from the date of supersession.  The Nyaya Panchayats should be kept as separate bodies from that of development Panchayats. They should be presided over by a qualified judge.  The Chief Electoral Officer of the state in consultation with the Chief Election Commissioner should organise and conduct the Panchayati Raj elections.  Development functions should be transferred to the Zila Parishad and all development staff should work under its control and supervision.  The voluntary agencies should play an important role in mobilising the support of the people for Panchayati Raj.  A minister for Panchayati Raj should be appointed in the state council of ministers to look after the affairs of the Panchayati Raj institutions.

 Seats for SCs and Sts should be reserved on the basis of their population.[1][not in citation given]  A Constitutional recognition should be accorded to the Panchayati Raj institutions. This would give them the requisite status and an assurance of continuous functioning. Unfortunately, the Janata Government collapsed before action could be taken on these recommendations. 3. G V K Rao Committee (1985) The G.V.K. Rao Committee was appointed by Planning Commission to once again look at various aspects of PRIs. The Committee was of the opinion that a total view of rural development must be taken in which PRIs must play a central role in handling people's problems. It recommended the following:  PRIs have to be activated and provided with all the required support to become effective organisations,  PRIs at district level and below should be assigned the work of planning, implementation and monitoring of rural development programmes, and  The block development office should be the spinal cord of the rural development process.

4. L.M. Singhvi Committee (1986) A committee led by Laxmi Mall Singhvi was constituted in the 1980s to recommend ways to revitalize PRIs. The Gram Sabha was considered as the base of a municipality decentralised, and PRIs viewed as institutions of self-governance which would actually facilitate the participation of the people in the process of planning and development. It recommended:  Local self-government should be constitutionally recognised, protected and preserved by the inclusion of new chapter in the Constitution,  Non-involvement of political parties in Panchayat elections. The suggestion of giving panchayats constitutional status was opposed by the Sarkaria Commission, but the idea, however, gained momentum in the late 1980s especially because of the endorsement by the late Prime Minister Rajiv Gandhi, who introduced the 64th Constitutional Amendment Bill in 1989. The 64th Amendment Bill was prepared and introduced in the lower house of Parliament. But it got defeated in the Rajya Sabha as non-convincing. He lost the general elections too. In 1989, the National Front introduced the 74th Constitutional Amendment Bill, which could not become an Act because of the dissolution of the Ninth Lok Sabha. All these various suggestions and

recommendations and means of strengthening PRIs were considered while formulating the new Constitutional Amendment Act. The 73rd Constitutional Amendment Act The idea which produced the 73rd Amendment was not a response to pressure from the grassroots, but to an increasing recognition that the institutional initiatives of the preceding decade had not delivered, that the extent of rural poverty was still much too large and thus the existing structure of government needed to be reformed. This idea evolved from the Centre and the state governments. It was a political drive to see PRIs as a solution to the governmental crises that India was experiencing. The Constitutional (73rd Amendment) Act, passed in 1992 by the Narasimha Rao government, came into force on April 24, 1993. It was meant to provide constitutional sanction to establish "democracy at the grassroots level as it is at the state level or national level". Its main features are as follows:  The Gram Sabha or village assembly as a deliberative body to decentralised governance has been envisaged as the foundation of the Panchayati Raj System.73rd Amendment of the Constitution empowered the Gram Sabhas to conduct social audits in addition to its other functions.

 A uniform three-tier structure of panchayats at village (Gram Panchayat — GP), intermediate or block (Panchayat Samiti — PS) and district (Zilla Parishad — ZP) levels.  All the seats in a panchayat at every level are to be filled by elections from respective territorial constituencies.  Not less than one-third of the total seats for membership as well as office of chairpersons of each tier have to be reserved for women.  Reservation for weaker castes and tribes (SCs and STs) have to be provided at all levels in proportion to their population in the panchayats.  To supervise, direct and control the regular and smooth elections to panchayats, a State Election Commission has The Act has ensured constitution of a State Finance Commission in every State/UT, for every five years, to suggest measures to strengthen finances of panchayati raj institutions.  To promote bottom-up-planning, the District Planning Committee (DPC) in every district has been accorded to constitutional status.  An indicative list of 29 items has been given in Eleventh Schedule of the Constitution. Panchayats are expected to play an effective role in planning and implementation of works related to these 29 items

Present scenario At present, there are about 3 million elected representatives at all levels of the panchayat, one-half of which are women. These members represent more than 2.4 lakh (240,000) Gram Panchayats, about 6,000 intermediate level tiers and more than 500 district panchayats. Spread over the length and breadth of the country, the new panchayats cover about 96% of India's more than 5.8 lakh (580,000) villages and nearly 99.6% of the rural population. This is the largest experiment in decentralisation of governance in the history of humanity. The Constitution of India visualises panchayats as institutions of self-governance. However, giving due consideration to the federal structure of India's polity, most of the financial powers and authorities to be endowed on panchayats have been left at the discretion of concerned state legislatures. Consequently, the powers and functions vested in PRIs vary from state to state. These provisions combine representative and direct democracy into a synergy and are expected to result in an extension and deepening of democracy in India. Hence, panchayats have journeyed from an institution within the culture of India to attain constitutional status.

Types of Urban Local Government There are eight types of Urban local governments currently existing in India: 1. Municipal Corporations 2. Municipality 3. Notified area committee 4. Town area committee 5. Cantonment board 6. Township 7. Port trust 8. Special purpose agency. Functions All municipal acts in India provide for functions, powers and responsibilities to be carried out by the municipal government. These are divided into two categories - obligatory or discretionary. Obligatory functions  Supply of pure and wholesome water  construction and maintenance of public streets  lighting and watering of public streets  cleaning of public streets, places and sewers  regulation of offensive, dangerous or obnoxious trades and callings or practices  Maintenance or support of public hospitals  establishment and maintenance of primary schools  registration of births and deaths

 removing obstructions and projections in public streets, bridges and other places  naming streets and numbering houses Discretionary functions  laying out of areas  securing or removal of dangerous buildings or places  construction and maintenance of public parks, gardens, libraries, museums, rest houses, leper homes, orphanages and rescue homes for women  public buildings  planting of trees and maintenance of roads  housing for low income groups  conducting surveys  organizing public receptions, public exhibitions, public entertainment  provision of transport facilities with the municipality  promotion of welfare of municipal employees Some of the functions of the urban bodies overlap with the work of state agencies. The functions of the municipality, including those listed in the Twelfth Schedule are left to the discretion of the state government. Local bodies have to be bestowed with adequate powers, authority and responsibility to perform the functions entrusted to them by the Act. However, the Act has not

provided them with any powers directly and has instead left it to state government discretion. Limitations of Local Self Government. The local self government system has some obvious limitations. It has been alleged that the services rendered by the local self government often becomes discriminatory. The local self-government often makes residential arrangements for the elderly people or hostel accommodation for the handicapped students which may be considered as discriminatory services. If the administration is run by the local self government institutions, it may encourage not only regionalism but also narrow-mindedness and such a tendency will always go against the democratic system practiced in the national level. However, refuting these allegations the exponents of the local self-government institutions hold the view that such local self-governments are the basis of democracy and the best way to develop political consciousness among the people. Through the local self-government the regional and local interests convert into national interest.

Conclusion

Concluding this topic with the knowledge of functions and powers of MPs , MLAs and Rural-Urban Local governance. At different tiers of government functions and powers vary. MPs of both the houses and MLAs of most states assemblies have actually no responsibilities and accountability towards people amd union of India. Although unofficially there are several roles. In the end we came across the grass root level of Indian democracy viz. Local self-government that is on rural and urban level. This existed from ancient times but finally got recognition after the 73rd and 74th amendment acts, 1992. However, like any system in the world, this system is also imperfect. But this shall not stand in the way of efficient governance; and if ill practices are rooted out, there would be no comparisons around the world to our system of local self-government.

Suggestions : This complete assignment helps a lot to know in depth about the working of government officials at various tiers. Although there are various things which MPs, MLAs do but most of their functions are not written in the constitution of India, and they unofficially perform those tasks. According to my understanding, their should be provision to define the powers and functions of these officials which the public elect for welfare motive. There is whole lot of corruptions and these elected person do not perform their work properly. The allowances given should be balanced and should be checked time to time. The money assigned should be spend properly for the welfare of general public. At grass root level of democracy which is presently known as the local self government , problem of maladministration and misappropriation of funds are recurring.

References :  Introduction : Legislative Support book ‘chapter.1’ by Anurag Pandey  Defining MPs and MLAs : Wikipedia and Indian Polity book by M.Laxmikant  Facilities of MPs and MLAs : Google Quora and Anurag Pandey’s Legislative Support book ‘chapter.1’  MPLAD : Anurag Pandey’s book on Legislative Support  Powers of MLA : Google Quora and M.Laxmikant  Powers of MP : Wikipedia + Google Quora + legislative support book by Anurag Pandey  Local self-government : Anurag Pandey’s book  History (Mughal and British time) : Wikipedia  Post Independence history : Anurag Pandey’s Book  Committees : http://en.m.wikipedia.org/wiki/local_self-govern ment_in_India