State Control Over Local Bodies

State Control Over Local Bodies: The local bodies fall under the state government in our country. This means that the state government exercises some powers over the local government to keep everything in check. But won’t this mean extra work for the state government? Why is it required after all? Are the local bodies not good enough or can’t they be trusted to run on their own?

Read on to find answers to all these questions and much more. But first, yes you know the drill, the basics!

What is State Government? 

In a federal government, the state government controls a subdivision of a country. This state government belongs to the same political party as that of the national government. The state government naturally falls under the watch of the national government. 

In other words, since the country is divided into subdivisions called states, and each state needs its own governing body, that governing body belonging to each state is called the state government. 

Roles of a State Government 

The duties that fall under state government are as follows-

1. Administration of roads and infrastructure of the state – This includes construction of roads and highways as well as maintenance of the existing infrastructure. They are also responsible for patrolling and safety. 
2. Education for the people of the state – This includes the use of education funds in a right and just manner to provide good education facilities for the residents of the state. 
3. Public safety and justice in the state – This includes the role of state supreme courts in maintaining justice by electing the right candidates and making sure that the rules laid by the central government are followed at the level of the state. 
4. Collection of taxes – This includes collection of taxes as well as other funding operations that directly aid in the development of the nation. 
5. Enforce rules – This includes the responsibility of planning, executing and tracking the rules or policies that the central government devices. 

The default powers of a state government are as follows-

• The state government can set its own election laws
• The state government can hold referendums
• It can form, and exercise the law of the state
• It can have regulation powers over the local government
• It can make changes in the constitution of the state

Local Body or Government

In a federal government, the state government controls a subdivision of a country. Further, each subdivision is divided into smaller units called cities or districts. The authority that controls these cities and districts is called the local government. This local government may or may not belongs to the same political party as that of the national government. The local government naturally falls under the watch of the state government.

Roles of a Local Body

The roles of the local government are the same as that of the state government, the only difference being that these are exercised over a small part of the state and not the entire state, thus, making it even easier and better to make sure that things are in the right order. 

Control of State Government over the Local Bodies

Since the different levels of the government work in coordination with one another, it is inevitable that they are affected by each other and failure of one will lead to the failure of others. Thus, it is important that all the tiers of government co-exist and function efficiently. For this, some rules are laid down for the relations that different levels of government have. In case of the local and state government, these the powers that the state government can exercise over the local government-

1. Formation of rules – The state government can form laws and amend municipal acts to decide the powers and functions of the local government as required. 
2. Approvals – It is in the power of the state government to approve or reject the rules, suggestions, and advice offered by the local bodies. The local bodies also need to have an approval from the state government for carrying out inspections or imposing any kinds of fines or taxes. 
3. Appeals against local bodies – There is also provision of appeals to the state government against the decisions of the local bodies. An example of this is the denied permission to construction.
4. Inspections and Enquires – The state government has the right to inspect the local bodies and ask for periodic reports. This is to insure that the local bodies perform their activities in right and timely manner. This also keeps the state and central government updated with the latest developments on the ground level. 
5. Termination – This indeed is a very crucial and serious power that the state government has over the local bodies. According to this, the state government has the power to dismiss or dissolve a local body if need be. Thus, we can say that the state government also has complete authority over the individuals in a local body. 
6. Submission of periodic reports to State government – The local government has to submit periodic reports to the state government for various reasons. These include keeping a check on the legal compliances (like tax laws and environmental regulations), monitoring the various aspects of the state (like public health, economy, and safety), planning and allocation of resources, and above it, it helps in keeping the local government accountable and thus, increases transparency. 
7. Audit of the Local bodies and issuance of directions – In continuance with the above point, not only do the local bodies provide the state government with regular reports but the state government can also audit the local bodies are issue directions to them for the same reasons as above. 
8. Control on Arbitrary Practice – The state government has the right to keep a check of local bodies to prevent them from indulging in unfair practices. It not only keeps an oversight over the local bodies but also sets guidelines and frameworks that the local bodies have to abide by. 
9. Approval of Bye-laws and rules – The local bodies have to undergo a rigorous process to get their laws and rules approved by the state government before they can be made official and exercised. The rules framed by the local bodies need to be n accordance to the framework set by the state government. 
10. Control on Local bodies through state cadre – The state government has appointed a group of officials known as a cadre that oversees the activities of the local bodies of the state. 

Role of 73rd and 74th Constitutional amendments in the control of State Government over the Local bodies

Passed by the Parliament in December, 1922, the 73rd and 74th Constitutional amendments were aimed to introduce local self-government in rural and urban areas of India. The 73rd Amendment added the part named ‘The Panchayats’ to the constitution while the 74th Amendment added the part names ‘The Municipalities’. Below are the points of these amendments that mention the control of powers of various bodies over the state-

1. As per the Article 243A, the Gram Sabha is empowered to exercise powers at the village level as stated in the law. 
2. As per the Article 243C, the legislature of a State is empowered to make provisions depending on the composition of a panchayat. Moreover, the state is empowered to provide representatives of the chairpersons of the Gram Panchayat at all the levels, that is, village, intermediate as well as district. 
3. Under article 243J, the legislature of the state has the right to maintain and audit the accounts of the Panchayats.