Empowering LSGs: The Karnataka quandary

A decade before rural and urban local governments (ULGs) were accorded constitutional recognition through the 73rd and 74th Constitutional (Amendment) Acts in 1992, Karnataka had adopted a three-tiered Panchayat Raj system based on recommendations by the Ashok Mehta Committee of 1977. However, an analysis of key data indicators presents a grim picture of decentralised local self-governance in the state.

A report on the implementation of the 73rd Constitutional Amendment Act (CAA) by the Comptroller and Auditor General (CAG) of India tabled in the Karnataka legislature in December 2024 points to several worrying facts. Elections to Zilla Panchayats (ZPs) and Taluk Panchayats (TPs) which were conducted every five years after the 73rd CAA came into force in 1995 until 2020, have been delayed for over five years. The CAG report notes that despite the High Court (HC) of Karnataka imposing a fine of Rs five lakh, the elections are yet to be conducted. Furthermore, the HC is hearing a contempt petition filed by the Karnataka State Election Commission (SEC) in the same case. The delay is attributed to interference by the state government in the process of delimitation and fixing of reservations.

It is not the Panchayat Raj Institutions (PRIs) alone that are suffering. As per a study published by Janaagraha in August 2024, there was an average delay of 22 months in elections to the municipal corporations in the state. Elections to the Bruhat Bengaluru Mahanagara Palike (BBMP) are delayed by over 50 months. There was an average 11-month delay in the formation of councils and elections of mayors, even after the declaration of election results to City Corporations (CCs). Such delays in the formation of local governments after the declaration of general election results due to the inaction of the state government in publishing the reservation rosters or calling the first meeting of the newly elected councils are often reported in the media. In the absence of elected rural and urban local governments, the state government administers the third tier, i.e., the villages and cities directly, defeating the very purpose of decentralisation.

According to another CAG report on the implementation of the 74th CAA across 18 states, Karnataka holds the dubious distinction of being the only state with a mayoral term of a mere one year for its CCs. Furthermore, the term of 2.5 years for the positions of mayor of BBMP and chairpersons of smaller ULGs places Karnataka among the bottom 16%. The Panchayat Adhyakshas’ term was reduced from five years to 2.5 years through an amendment to the law in 2020. Such short and fragmented terms of heads of local self-governments (LSGs) leave them with little time to conceive and implement long-term programmes.

Incomplete devolution

The 74th CAA mandated devolution of powers and funds to ULGs on 18 important areas including social and economic planning, water supply, public health and sanitation, urban planning, public amenities, and slum upgradation. However, the CAG audit found that the ULGs do not have effective control over 15 out of these 18 functions. Similarly, the CAG found that eight out of the 29 functions to be devolved to the PRIs under the 73rd CAA have not been devolved. Of the remaining 21, the role of PRIs was found limited only to about 20%, based on the financial allocation to state and PRI sectors. The state government controls the non-devolved and under-devolved functions directly or through parastatal agencies, undermining the role of LSGs.

An analysis of LSG finances reveals that the amount allocated to ULGs declined from 5.23% of the state’s revenue receipts in 2011-12 to 2.85% in 2023-24, as against the 13% recommended by the State Finance Commission (SFC) in FY 2023-24. A significant amount of funds meant for local development is routed through the parastatal agencies and departments controlled by the state government directly.

A crucial aspect of decentralisation is taking governance closer to the people and engaging communities on matters that affect their day-to-day life, such as housing, civic amenities, safety, local transport, and recreation. The 74th CAA and the municipal laws mandate the establishment of participatory forums such as Ward Committees (WC) and Area Sabhas (AS) in the ULGs. Janaagraha’s study revealed that WCs have not been formed in nine out of 11 city corporations, while ASs have not been formed in any city corporation. Nearly 7,000 WC meetings were conducted in Bengaluru between 2019 and 2024, and about 500 in Mangaluru between 2022 and 2024 but the efforts have not been encouraged or replicated in other CCs. The CAG also found that no Gram Panchayat (GP) conducted the required number of GP meetings, while only 15-20% of the GPs audited had conducted the required number of ward sabha and gram sabha meetings.

Empowered LSGs will be in a position to deliver better quality of life to citizens. In light of the severe deficiencies observed, it is necessary to review and strengthen LSG institutions with the required powers and funds to function as autonomous bodies. The immediate focus should be on conducting elections to the LSGs before the expiry of the five-year term of councils. The councils must be operationalised and heads of the LSGs elected within one month of the election results.

The SEC needs to be empowered with all constitutionally mandated powers over LSG elections, including delimitation and reservation. Additionally, the terms of LSG heads should be restored to a full five-year period. It is essential to devolve all constitutionally mandated functions to the LSGs, with appropriate funding, and ensure that they receive the necessary assistance from other departments and parastatals. Most importantly, accountability and responsiveness in LSGs must be strengthened by effectively engaging communities at the grassroots through the participatory forums of gram/ward/area sabhas and committees.

(The writer is head, Participatory Governance, at Janaagraha Centre for Citizenship and Democracy)