Issues with Urban Local Bodies in India (CAG Report)

Issues with Urban Local Bodies in India (CAG Report)

20-11-2024
  1. In November 2024, The Comptroller and Auditor General (CAG) of India released a report about the condition of Urban Local Bodies (ULBs) in 18 states, covering 393 urban local self-governments (ULSGs).
  2. These ULBs are responsible for managing cities and towns and serve 241 million people.
  3. The audit looked into how well the 74th Constitutional Amendment was being followed and the challenges faced by ULBs, including money issues, staffing, and management.
  4. The Comptroller and Auditor General of India has found that 31 years after the 74th Constitutional Amendment to empower urban local bodies came into effect, 18 states are yet to fully implement the law in spirit.
Key Data & Findings:
  1. Money Shortfall: ULBs in these states face a 42% gap between the money they earn and the money they need to spend.
  2. This means that ULBs don’t have enough money to cover their costs, making it difficult for them to work properly.
  3. Spending on Development Work: Only 29% of the total money spent by ULBs goes into actual development work (projects that improve the city).
  4. The rest of the money is used for administrative tasks and other non-development activities.
  5. Staff Shortages: On average, there is a 37% vacancy rate in ULBs, meaning nearly one-third of the staff positions are unfilled.
  6. This affects the efficiency of these bodies and their ability to provide services to the public.
2. Financial Independence of ULBs:
  1. Revenue Sources: About 32% of the revenue of ULBs comes from their own sources, like property tax and fees. The rest of the money (about 68%) comes from the central and state governments.
  2. This shows that ULBs depend a lot on the higher levels of government for funding.
  3. Property Tax Collection: ULBs manage to collect only 56% of the property tax they demand from residents.
  4. This suggests that they are not fully successful in collecting taxes, which could help improve their finances. 
3. Devolution of Powers under the 74th Constitutional Amendment:
  1. 74th Constitutional Amendment (1993): This amendment was passed to give more power to ULBs by transferring control of certain functions from the state and central governments to the local governments.
  2. These functions include urban planning, water supply, land use regulation, public health, and economic development.
  3. Devolved Functions: On average, 17 out of 18 functions were given to ULBs.
  4. However, some states have not fully transferred all the responsibilities. In 9 states (Chhattisgarh, Haryana, Jharkhand, Madhya Pradesh, Maharashtra, Manipur, Odisha, Punjab, and Tripura), all 18 functions were devolved to ULBs.
  5. Urban Planning and Fire Services: These two areas are the least transferred to ULBs, meaning local bodies have little control over these critical areas. 
4. Problems in Governance:
  1. Lack of Independence: The CAG found that only 4 of the devolved functions were being carried out with complete independence by ULBs.
  2. This means that while ULBs have responsibility for various tasks, they do not always have the power or resources to carry them out effectively.
  3. Staffing and Recruitment Issues: In 16 out of 18 states, ULBs have very little or no control over recruiting staff.
  4. This means they cannot hire the right people to meet the needs of their city, which creates problems in managing services properly.
  5. Weak Implementation of the Amendment: While many states have legally transferred powers to ULBs, the CAG found that the spirit of the 74th Amendment has not been fully followed.
  6. ULBs may have the responsibilities, but they often lack the resources, staff, and authority to effectively manage them. 
5. CAG's Recommendations:
  1. Better Financial Independence: The CAG recommended that ULBs should be able to raise more of their own money, for example, by improving their property tax collection.
  2. This would make ULBs less dependent on government funds.
  3. Filling Vacant Jobs: Since there is a 37% vacancy rate, the CAG suggested that ULBs should fill these vacant positions so that they can better serve the public.
  4. Granting More Power to Local Bodies: The CAG suggested that ULBs should have more freedom to manage the functions they are responsible for, especially in areas like urban planning, land use, and public health.
  5. This would allow them to make decisions that are best for their cities and towns.
  6. More Support from State Governments: The CAG urged state governments to create better policies and institutions to help ULBs perform their duties more effectively and make cities better places to live. 
6. Future Implications:
  1. Urbanization: By 2050, it is expected that 50% of India’s population will live in cities.
  2. With this huge increase in urban population, it is more important than ever to have strong and efficient ULBs to handle the growth and challenges of cities.
  3. Collaboration Needed: Srikanth Viswanathan, CEO of Janaagraha, a non-profit that worked with CAG on the report, emphasized that making ULBs stronger should be a national priority. Governments, civil society, and academic institutions should work together to improve urban governance. 
7. States Covered in the Report:

The report covered 18 states, with 393 ULBs in total. These states are: Andhra Pradesh, Assam, Chhattisgarh, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Odisha, Punjab, Rajasthan, Tamil Nadu, Telangana, Tripura and Uttarakhand.

What is the Comptroller and Auditor General (CAG)?

The CAG is an independent Constitutional Body established by the Constitution of India to audit the finances of the Central Government, State Governments, and other bodies funded by the government.

  1. It is a Constitutional Body, meaning it is established by the Constitution itself and works independently of the government.
  2. The CAG oversees the entire financial system of India, both at the Central and State levels.
  3. The CAG heads the Indian Audit & Accounts Department and acts as the guardian of the public purse, ensuring that government spending is efficient and transparent.
Constitutional Provisions:

The Constitution of India outlines the role and powers of the CAG in Articles 148 to 151:

Article Number

Subject Matter

Article 148

Comptroller and Auditor General of India (CAG)

Article 149

Duties and powers of CAG

Article 150

Form of accounts of the Union and States

Article 151

Audit Reports

  1. Appointment of the CAG: The President of India appoints the CAG by a warrant (official document) under the President’s hand and seal.
  2. Term of Office: The CAG serves a term of 6 years or until the age of 65 years, whichever is earlier. This term is specified under the CAG (Duties, Powers, and Conditions of Service) Act of 1971.
  3. Resignation and Removal:
    1. The CAG can resign at any time by submitting a resignation letter to the President of India.
    2. The CAG can be removed by the President on grounds of proved misbehavior or incapacity. The removal process requires a resolution passed by both Houses of Parliament with a special majority.

Roles and Duties of the CAG:

The CAG has several critical roles in ensuring good governance and financial accountability:

  1. Ensures Financial Accountability:
    The CAG ensures that the Executive (Government) is accountable to Parliament for its spending. The CAG does this by conducting audits of government finances and presenting the findings to the Parliament.
  2. Guardian of Public Money:
    The CAG is responsible for protecting public funds by auditing government expenditures. This is why Dr. B.R. Ambedkar called the CAG one of the most important officers under the Constitution.
  3. Audits Government Accounts:
    The CAG audits the accounts of both the Central Government and State Governments to ensure that money is being spent in accordance with the law and that resources are used efficiently.

Functions of the CAG:

Under the Constitution and the CAG (Duties, Powers, and Conditions of Service) Act of 1971, the CAG has specific functions:

Constitutional Provisions:

  1. Article 150: The CAG advises the President on how the accounts of the Union and States should be maintained.
  2. Article 151: The CAG submits audit reports on the accounts of the Centre to the President, who presents them before Parliament. Similarly, the CAG submits reports on the accounts of States to the Governor, who presents them to the State Legislature.
  3. Article 279: The CAG certifies the net proceeds from taxes and duties collected by the government, and this certification is final.
Legal Provisions:
  1. Article 149: This Article authorizes Parliament to prescribe the CAG’s duties and powers.
  2. The Parliament did so by passing the CAG (Duties, Powers, and Conditions of Service) Act of 1971.
Under this Act, the CAG performs several important functions:
  1. Audit of Public Funds: The CAG audits all transactions from the Consolidated Fund of India and the Consolidated Fund of each State (which includes all the funds received and spent by the government).
  2. Audit of Government Bodies: The CAG audits government bodies and authorities that receive grants or loans from the government.
  3. Audit of Government Accounts: The CAG audits the balance sheets, profit and loss accounts, and other records of government departments and organizations.
  4. Audit of Taxes and Revenue: The CAG audits the collection of taxes and ensures that the processes of assessment, collection, and allocation are effective.
  5. Special Audit Requests: The CAG may also be asked by the President or Governor to audit specific entities, such as local bodies.
  6. Public Accounts Committee (PAC): The CAG serves as the guide for the Public Accounts Committee in Parliament, assisting in the review of financial accounts.
Powers of the CAG:

The CAG has the following powers in relation to performing its audit duties:

  1. The CAG can inspect any office or department subject to audit.
  2. The CAG can examine all records, papers, and documents of any audited entity.
  3. The CAG can question officials in charge of departments to understand transactions and seek explanations.
  4. The CAG has the authority to decide how audits should be conducted and the extent of their scope.
Reports of the CAG:

The CAG submits three types of audit reports to the President, who then presents them to Parliament:

  1. Audit Report on Appropriation Accounts: This compares the actual expenditure with the approved expenditure, as sanctioned by Parliament.
  2. Audit Report on Finance Accounts: This report provides details of the annual receipts and disbursements of the Union Government.
  3. Audit Report on Public Undertakings: This includes audits of government-owned companies and corporations. The Public Accounts Committee in Parliament reviews these reports and submits its findings.

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