MUMBAI: In probably its first such recommendation, the Comptroller and Auditor General has asked the state government to consider direct election of mayors by the people and give them executive powers. The recommendation comes ahead of civic elections in Mumbai and various other parts of
Maharashtra.
The Constitutional (Seventy-fourth) Amendment Act, 1992 (CAA) has authorised the state legislature to enact laws to give urban local bodies (ULBs) powers and authority and devolve upon them powers and responsibilities for 18 functions listed in the Twelfth Schedule. "However, the State Government though (sic) devolved all 18 functions, functions related to water supply; establishing and maintaining public dispensaries and providing public medical relief; providing basic services in slums like water supply, roads and public toilets; grant of building permission; and commencement of construction and occupation certificates for buildings were also being performed by parastatal agencies. These diluted the envisaged devolvement," the
CAG has said. Further, creation of multiple "parastatal" agencies as planning authorities does not result in true devolution, besides leading to lopsided development, it has said.
"A comparison of the tenure and powers of the Mayor in different cities across the country has revealed that at least in 15 cities... the tenure of five years of Mayor was coterminous with the tenure of the Corporation. Six out of 15 cities had direct elections for Mayor. The Mayor of Kolkata was the executive head and empowered to approve all projects. Mayors of Kochi and Jaipur were empowered to approve all the projects and had the authority to sign and approve bills. In contrast, the Mayor and President of the ULBs in the State of Maharashtra were not elected directly by the people and their tenure was not coterminous with the tenure of ULBs. Further, the Mayor did not have wide executive powers," it stated.
The report added, "The Government needs to take time-bound action to achieve complete devolution of powers and... provide adequate autonomy." According to the audit, compliance with constitutional provisions by law alone does not guarantee effective devolution unless ULBs have strong institutional arrangements, sufficient funds and functionaries.
In his reply to CAG, principal secretary of urban development department stated 2.5 years' tenure was found more suitable in the state after experimenting with a one-year and 5-year tenure. He added a panel has been formed to look into executive powers of the mayor and its report is expected, the report said.