Q7. (b) "The objectives of fiscal devolution to local bodies as mandated by the 73rd and 74th Constitutional Amendment Acts has been derailed by the actual working of the State Finance Commissions." Comment.
The 73rd and 74th Constitutional Amendment Acts (CAAs) were revolutionary in institutionalizing local self-governance in India. A cornerstone of this decentralization was the provision for fiscal devolution, aimed at empowering Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) with adequate financial resources to function as effective institutions of self-government. To achieve this, Articles 243I and 243Y mandated the constitution of State Finance Commissions (SFCs) every five years. The primary objective of SFCs was to review the financial position of local bodies and recommend measures for strengthening their finances, including the distribution of state taxes, assignment of local taxes, and grants-in-aid.
However, the assertion that the objectives of fiscal devolution have been 'derailed' by the actual working of SFCs holds significant truth. While the constitutional framework is robust, its implementation has been fraught with challenges, largely due to the actions and inactions of state governments and, consequently, the limited effectiveness of SFCs:
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Irregular and Delayed Constitution: Many states have consistently failed to constitute SFCs within the stipulated five-year period. Delays in constitution mean that the recommendations, when finally made, are often based on outdated financial data and may not be relevant to the current fiscal realities of local bodies.
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Delayed Submission and Non-Acceptance of Reports: Even when constituted, SFCs often take an inordinately long time to submit their reports. More critically, state governments frequently delay the tabling of these reports in the legislature, or they partially accept, dilute, or outright reject the recommendations. Since SFC recommendations are advisory and not binding on the state governments, states often exercise their discretion to disregard them, undermining the constitutional intent.
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Inadequate Devolution and Fiscal Dependence: Despite SFC recommendations, the actual devolution of funds to local bodies often remains inadequate. Local bodies continue to be heavily dependent on discretionary grants from state governments, rather than having assured and buoyant sources of revenue. This fiscal dependence severely curtails their autonomy and ability to plan and execute local development projects effectively.
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Lack of Autonomy and Resources for SFCs: SFCs themselves often lack the necessary administrative and financial autonomy, adequate staff, and technical expertise to conduct thorough analyses of local body finances. This compromises the quality and robustness of their recommendations.
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Limited Scope and Impact: In many instances, SFCs have been constrained by the terms of reference set by state governments, limiting their ability to make comprehensive recommendations. Even when progressive recommendations are made, the lack of political will at the state level often prevents their full implementation.
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Absence of Follow-up and Accountability: There is often a lack of a robust mechanism to monitor the implementation of SFC recommendations and hold state governments accountable for non-compliance. This further weakens the impact of SFCs.
Consequences of Derailment:
The derailment of fiscal devolution objectives has severe consequences for local self-governance:
- Weakened Local Bodies: Financially starved local bodies cannot effectively perform the functions devolved to them, leading to poor service delivery and unfulfilled development mandates.
- Undermined Decentralization: The very spirit of decentralization and democratic deepening envisioned by the CAAs is undermined, as local bodies remain subservient to state governments due to financial dependence.
- Limited Accountability: Without adequate financial autonomy, local elected representatives cannot be held fully accountable to their constituents for local development, as they lack the resources to deliver.
In conclusion, while the 73rd and 74th CAAs provided a visionary framework for fiscal decentralization through SFCs, the actual operationalization has largely fallen short. The inconsistent constitution, delayed reports, non-acceptance of recommendations, and the general lack of political will from state governments to genuinely empower local bodies financially have indeed 'derailed' the core objectives of fiscal devolution. For local self-governance to truly flourish, there is an urgent need to strengthen the institutional capacity and autonomy of SFCs, ensure timely and full implementation of their recommendations, and foster a genuine commitment to fiscal decentralization across all states.