Part V Federalism, Ch.31 Local Government

Author(s):  
Sivaramakrishnan KC

This chapter examines the constitutional framework for the structure of local government in India, particularly the background, scope, and content of the Seventy-third and Seventy-fourth Constitutional Amendments, 1992 to the Indian Constitution. The Seventy-third Amendment required States to create self-governing, elected village councils, or panchayats, while the Seventy-fourth Amendment required the creation of elected municipalities in urban areas. The history of local self-government in India is discussed, before turning to a discussion of the constitutional position of local government in the country after Independence. The constitutional and statutory provisions on local government are considered, along with the motivations and the context behind the Seventy-third and Seventy-fourth Constitutional Amendments. The chapter explores issues of structure and implementation in local government, the functions and powers of local governments, and the case of industrial townships. Finally, it evaluates the functions and powers of local bodies and their place in the federal framework.

Author(s):  
Singh Nirvikar

This chapter examines the fiscal aspects of federalism as enshrined in the Indian Constitution. It gives an overview of the original structures of fiscal federalism in India, including assignments of spending and revenue and mechanisms and institutions for making transfers across different government levels. It reviews constitutional amendments that have occurred since the adoption of the Constitution, from changes in expenditure and revenue authorities to the creation of a tier of local governments. It also considers the process of amending the Constitution, with particular emphasis on the intellectual and political drivers of change, and proceeds with a discussion of how the various constitutional provisions and amendments have been implemented in practice. Finally, it looks at legal cases concerning the constitutionality of fiscal federalism in India at various times, paying attention to institutions governing intergovernmental transfers, the distinction between taxes and fees, and the scope of authority of different levels of government.


Author(s):  
Catherine G. Campbell ◽  
Shelli D. Rampold

Abstract In many US states, the power to regulate urban agriculture (UA) rests in local governments. Although there has been increased interest in UA, some local governments have been slow to adopt policies or ordinances to foster food production in urban areas or have actively sought to limit UA in their municipalities. To learn more about the disconnect between resident interest and local government policy, University of Florida, Institute of Food and Agricultural Sciences Extension and Center for Public Issues Education conducted a statewide survey of local government stakeholders (LGS) to assess their attitudes toward UA, subjective knowledge of UA, perceived benefits of and barriers to the implementation of UA and educational needs. Responses were collected using 5-point semantic differential and Likert-type scales. Overall, respondents displayed positive attitudes and moderate knowledge of UA, and they identified a number of benefits of and barriers to implementing UA in their communities. The findings of this study support the hypothesis that lack of basic knowledge about UA is one difficulty in fostering UA. Despite being positively disposed toward UA, LGS may not fully understand how to effectively develop and implement policies to foster UA. This finding may also help explain reluctance to adopt local government policies to support UA. Efforts to provide LGS key information and enhance their knowledge of UA may support the development of UA activities.


2017 ◽  
Vol 85 (3) ◽  
pp. 440-456 ◽  
Author(s):  
Caroline Howard Grøn ◽  
Heidi Houlberg Salomonsen

This article investigates whether local governments are able to act in a unified manner when responding to reputational threats posed by negative media coverage. Based on an argument that local governments facing political instability are less able to perform in unison, the article investigates a number of expectations, including various types of political instability (council, agenda and policy area instability) and their relation to different types of responses to negative media coverage from the political and administrative actors (communication behaviour, responsibility and blame-avoidant behaviour, and sanctioning behaviour). The article finds such relationships for some of these aspects. The analysis also indicates that the reputational history of a local government is related to the degree of unified behaviour. The empirical analysis is primarily based on a survey sent to all Danish public managers in the three upper levels of the local government hierarchy. Point for practitioners Reputation management has become an area for strategic management in the public sector, not least in local governments. This article demonstrates that public managers need to pay attention to the degree of political instability characterizing their local governments when dealing with reputational threats. If the local government is characterized by political instability, the need to address potential disagreements between administrative and political actors becomes vital. Furthermore, public managers need to take into account the reputational history of their organization as it may challenge the ability to coordinate a unified response across the political and administrative leadership during reputational threats.


Author(s):  
Mehmet Serkan Tosun ◽  
Dilek Uz ◽  
Serdar Yılmaz

There have been important developments in the decentralization of the government structure in Turkey since the early 1980s. This paper examines the link between fiscal decentralization and local borrowing within Turkish provinces. It first discusses local government reforms throughout the history of the Turkish Republic with the focus on recent reform efforts and current local government structure. It then provides an empirical analysis of the effects of decentralization in Turkish provinces using cross-sectional and panel data approaches, and spatial econometrics. The dataset consists of 67 provinces from 1980 to 2000, and separately cross-sectional data on all 81 provinces for the year 2000. Using decentralization measures such as number of local governments per capita and ratio of own-source municipal revenue to total provincial tax revenue, and specific characteristics of the municipalities the analysis examines whether variations in local decentralization across these provinces and across time have had a significant impact municipal borrowing in those provinces.


2016 ◽  
Vol 16 (3) ◽  
pp. 479-496
Author(s):  
Michæle Breuillard

The paper analyses urban governance and decentralisation in France. It explains the “quiet revolution” that wants to set the legal base of French local government back to the drawing board with special focus on the reform of local government in urban areas. The context of the too many too small communes – at the heart of the reform programme – is described since it is a typically French evil (part 2). In the absence of any successful top-down policy of amalgamating communes, new communes are deemed to be the effective solution along with a new mapping of intercommunal joint bodies (part 3). Finally, the paper describes what the metropolis “à la française” consists of (part 4) with a special focus on Lyon – the perfect model for the whole country – and Paris and Aix-Marseille as the worst pupils in transition. France stands out as an important case where new powers bestowed upon metropolitan governments have curbed the jurisdictions of regional governments. The ambiguity over the powers and functions of local governments triggers obdurate turf wars between the two levels of government, which clearly indicates that the governance of any modern society needs to be simplified. If left unaddressed, competition – not coordination or cooperation – between regionalization and metropolitanisation, regionalization and local governments, governability and multilevel governance is likely to become the norm. The author concludes that France desperately needs an in-depth reform of its institutional architecture, which is regularly postponed. What is required is a simplification of governmental machinery: more efficiency in local policies, a clearer allocation of responsibilities, reduced expenses, and governance closer to citizens.


2017 ◽  
Vol 24 (2) ◽  
pp. 117-134
Author(s):  
Khandakar Farid Uddin

Bangladesh has a history of political unrest and supremacy of the ruling party. Recently, representatives of the local government were suspended for being accused in cases of political violence. The ruling party is defining the suspensions as a legal process; on the contrary, the opposition political parties are claiming it as political hostility and a way of controlling local governments. There are shortages of research on contemporary political challenges and its consequences. Thus, this study considered local government representative suspensions as a case to exemplify the political hostility and local government crisis in Bangladesh. This study also demonstrated some theoretical points to frame the conceptual thoughts, likewise explained the status and some historical illustration of governmental intrusion over local government. Besides, this study applied the qualitative method to discover the research queries. Consequently, the analysis outlined substantial political supremacy and hostility in Bangladesh and its adverse impact on local governance.


Author(s):  
John Parr

This paper traces the history of local government in England (as opposed to the United Kingdom) since the early nineteenth century, and explores five long-term trends in its evolution. These are path dependence; the occurrence of major structural change; the phenomenon of policy reversal; the treatment of urban areas; and resistance to regional government. The author concludes that throughout the period under study, policy towards local government has exhibited a ‘pendulum effect’, with two opposing emphases operating in a sequential, rather than a simultaneous manner.


Author(s):  
Arif Hasan

The causes of what has emerged from 30 years of the Orangi Pilot Project (OPP) can only be understood through understanding the factors that have shaped its evolution. The OPP was established by Akhtar Hameed Khan whose experience-based thinking and theorization has shaped the project philosophy and methodology. Situated in Orangi Town in Karachi, Pakistan, the project has motivated local communities to finance and build their own neighborhood infrastructure while encouraging the local government to build the off-site infrastructure such as trunk sewers and treatment plants. The project expanded to other areas of Pakistan with the OPP’s Research and Training Institute, training local communities in surveying, estimating materials and labor required for construction works, and motivating communities in building their sanitation systems and negotiating with local government to build the off-site infrastructure. The project methodology has been adopted by local governments and bilateral and international development agencies. The philosophy and methodology have also become a part of universities’ and bureaucratic training institutions’ curriculum. So far, households on over 15,560 lanes all over Pakistan have built their sanitation systems by investing 412 million rupees (Rs). According to the OPP 153rd quarterly report in 2018, the total number of households in these lanes is 272,506. The model shaped the sanitation policy of the government of Pakistan and also influenced policies on housing and informal development, which has results in the upgrade in a much greater number of households in urban areas such as Karachi, Lahore, Faisalabad, Kasur, Narowal, Sargodha, Nowshera, Hyderabad, Sukkur, Rawalpindi, Muzaffargarh, Swat, Lodhran, Kehror Pakka, Dunyapur, Khanpur, Bahawalpur, Khairpur, Jalah Arain, Yazman, Vehari, Uchh, Multan, Alipur, Gujranwala, Jampur, Sanghar, Amanullah, Parhoon, Mithi, and Sinjhoro, as well as 128 villages. The project suffered a major blow with the assassination of its director and one of its workers and an attempt on the life of its deputy director in 2013. Due to the resulting insecurity, project programs and various linkages with government and international agencies and nongovernmental organizations suffered. However, due to the OPP’s reputation of capability and its roots within the community, the project has survived (against all predictions) and is in the process of expanding its work and expertise.


2020 ◽  
Vol 4 (1) ◽  
pp. 63-79
Author(s):  
Amrit Kumar Shrestha ◽  
Tara Nath Ghimire

Traditionally, it was considered that federal and state governments are the primary two components of the federal system. Provisions relating to local governments were left in the hand of state governments. The recent concept of federalism accepts the local governments as third and integral tier of the federal system. However, federalism and decentralization are used in different meaning. Federalism means the division of power within the center and federal units whereas decentralization considers devolution of power to the local units. The history of the local government begins with the ancient regime in Nepal, and it continues till at present. This article analyzes whether Nepal's local governments are exercising autonomous powers in the new federal system. It examines the local governments' status and positions in light of Clark's theory of autonomy. It concludes that the local governments have vested a significant level of powers of initiative and immunity to being needed for an autonomous institution.


Author(s):  
Margaret J. M. Ezell

The creation of ‘Great Britain’ by the 1707 Act, under Queen Anne, united England and Scotland. The prolific poet and pamphleteer Daniel Defoe travelled to Scotland to promote the Union with poems such as The Caledonian and his journal The Review, and he celebrated it in his lengthy History of the Union of Great Britain. Because of lax oversight of local government in Scotland by the London Westminster Parliament, Jacobite supporters of King James and his son ‘the Old Pretender’ found sympathizers, which would result in the Jacobite Rising of 1715


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