The Principle of Subsidiarity:
- Meaning of the Principle of Subsidiarity: Only those responsibilities that cannot be adequately handled at a more immediate or local level should be transferred to a central authority, according to this idea.
- Advantages of this principle: The following are three key benefits of applying the subsidiarity principle:
⇒ Decision making at the local level enhances efficiency, promotes self-reliance among people at the local level.
⇒ Democracy is built on three basic assumptions: (i) All citizens are equal; (ii) the citizen is the ultimate sovereign; and (iii) the citizen may decide what is best for him. Subsidiarity can aid in the strengthening of these democratic underpinnings.
⇒ When people understand the link between local decisions and their repercussions, they will realise that difficult decisions must be taken. Democracy matures as a result of such awareness.”
Decentralisation:
- Meaning of Decentralisation: The process of decentralisation involves bringing decision making power closer to the people.
- Types of Decentralisation:
⇒ Political decentralisation
⇒ Fiscal decentralisation, and
⇒ Administrative decentralisation (often referred to as delegation).
- The Commission’s Sixth Report on ‘Local Governance’ focused on political decentralisation and financial empowerment of local governments. The Commission would focus on administrative decentralisation in this report.
- View of New Public Management (NPM) on decentralisation:
⇒ In the 1990s, the concept of “new public management” arose, giving decentralisation a fresh perspective.
⇒ David Osborne and Ted Gaebler argued in their book “Reinventing Government” that governments should be creative, marketoriented, decentralised, and focused on providing the highest quality services to their “customers.”
History of decentralisation in India:
- British rule:
⇒ The British Rule in India was highly centralised.
⇒ This changed a bit with the Enactment of Government of India Act, 1919 and Government of India Act, 1935, which devolved some powers and functions to the Provincial Government.
- Enactment of Constitution:
⇒ The enactment of The Constitution of India carried this process forwards.
⇒ Seventh Schedule: it outlined the legislative powers of the Parliament and the State Legislatures.
⇒ Article 40: mandated the government to organise village panchayats and empower them with sufficient power.
- The 73rd and 74th Constitutional Amendments:
⇒ These amendments were watersheds in the history of decentralisation.
⇒ They gave constitutional status to local bodies with a higher degree of powers and autonomy.
Delegation:
- Decentralisation is accompanied by a delegation.
- Meaning of delegation: Delegation entails entrusting one’s authority to others while also holding them accountable for their conduct.
- Benefits of delegation: Delegation, according to Chester Barnard (who originally articulated the notion of delegation in the context of good administration), provides a number of advantages, including:
⇒ Saves time: Allows for quicker decision making and more time for constructive feedback from superiors.
⇒ Increases productivity of the organisation.
⇒ Beneficial for employees: Improves job satisfaction; grooms and motivates a successor.
⇒ Makes administration citizen-centric.
- Present status of delegation in Indian Administration: It has been observed that despite various benefits of delegation, top policy-makers generally don’t delegate authority and indulge in micro-management of routine matters.
- This is due to various barriers which inhibit the practices of delegation.
Barriers to Delegation:
- Reluctance by the ‘superior’ to delegate: It is because of the following reasons:
- Superior believes he is capable of performing the duty more effectively.
- Has a low level of trust in others.
- The superior believes that his subordinates will receive the praise he deserves.
- It’s difficult for Superior to supervise.
- Reluctance by the ‘subordinates’ to accept delegation: It is because of the following reasons:
- Lack of self-confidence.
- Fear of making mistakes.
- They find it easier to seek help than to take action on their own.
- Want to avoid possible criticism from supervisors.
Recommendations:
- Each government organisation shall carry out an adequate delegation of authority in accordance with the idea of subsidiarity.
- It should be stated that the upper echelons of the organisation should primarily focus on policy-making responsibilities, while field level functionaries should focus on operational issues.
- Principle and facilitators of delegation: It should be remembered that:
- Superior will start delegating authority when:
⇒ Authority is equated with responsibility.
⇒ A culture of trust is there, which develops when open communication exists in the organisation.
⇒ Well prescribed standards to measure and evaluate performance in advance.
- Subordinates will start accepting delegation when:
⇒ Risk-taking habits are developed.
⇒ Subordinates are made to feel important.
⇒ Good performance is rewarded.
⇒ Subordinates are provided with adequate support.
How delegated legislation impacts transparency and accountability?
- Law making is the duty of the parliament or state legislature in normal circumstances. So it goes against the theory of separation of power.
- Delegated legislation reduces the control of the legislature over executives.
- It is against the spirit of democracy as unelected people are involved in delegated legislation.
- Parliament does not have enough facilities to scrutinise all parts of delegated legislation. Failure to oversee delegation legislation can lead to abuse of powers by the executive.
- Delegated legislation lacks parliamentary discussion before law making. So it undermines parliamentary democracy.
- Delegated legislation may lead to misuse of power for political gains by the ruling party.