Give power to the people: Govt

The Article 243 of the Constitution states that the state legislatures “may” grant authority to the local bodies to enable them function as institutions of self-governance.

“The change in word from ‘shall’ (Article 40) to ‘may’

(Article 243G),gives discretion to states in devolving powers and authority to the local bodies. As a result,the actual devolution to the Local Bodies has been uneven across States,and far from satisfactory in most of the States. Thus the intent of the 73rd Amendment remains largely unrealised,” the proposal read.

“It is,therefore,proposed to make devolution of power and authority to Local Bodies mandatory with a suitable formulation,” it said.

Article 243 C (3) (c) and (d) provides that State Legislatures may by law provide for the representation of MPs,MLAs and MLCs in the intermediate and district level Panchayats,Ministry noted.

“The presence of MPs,MLAs & MLCs inhibits elected Panchayat representatives from effective participation,affects the decision making process and hampers the emergence of grass-root leadership,” the proposal read.

“It is accordingly proposed that the provisions that give discretion to the State Governments to make MPs,MLAs and MLCs members of Panchayats be repealed,” it said.

The Ministry underlined that Constitution provides a clear mandate for democratic decentralisation through the institutional framework of self-governing local elected bodies — Panchayats and the Municipalities.

The local bodies are critical to the inclusive governance as they facilitate direct participation of people,particularly the marginalised,in governance,it said.

But in spite of the Constitutional mandate,powers and functions have not been devolved to the local bodies appropriately,it noted.

“To address these issues,it is necessary to bring about Constitution Amendments and take other legal measures,” it added.