Everyone is aware that the citizens of Gurgaon gave their mandate for good governance in the last assembly elections. The primary problem with Gurgaon is not bad roads or unruly traffic or growing encroachments. These are outcomes of a much deeper problem – bad governance. It is Gurgaon’s governance structure that has led to unplanned and unaccountable development. There are multiple authorities ruling Gurgaon, as a result of which everybody wants to command but nobody wants to be held accountable. However, a Gurgaon Development Authority (GDA) cannot be the best answer to Gurgaon’s governance problems. Replacing one existing development authority (HUDA) by another (GDA) will change little. More importantly, Gurgaon needs democratic and accountable governance, in which every citizen’s right to participate in the development decisions of the City is recognised and respected.
The Constitution of India recognised this very early. It therefore mandated Panchayati Raj and Urban Local Bodies as institutions of local governance in rural and urban areas respectively. The Municipal Corporation of Gurgaon (MCG) is the urban local body in our city. As per the 74th Constitutional Amendment Act (CAA), 1993, MCG is constitutionally mandated to function as the institute for ‘local planning, development, and management’. MCG has18 functions, as recommended under Article 243W (Twelfth Schedule) of Part IX-A of the Constitution of India for urban local bodies. The very first function is ‘Urban planning, including town planning’. Together, there are 45 Obligatory and Discretionary functions listed in the Haryana Municipal Corporation Act 1994 (HMCA), covering a whole range of development and management activities. In addition, the 2nd. Administrative Reforms Commission (15th Report of 2006) has recommended further devolution of five functions and resources to municipal bodies. On 16th. February 2006, the Supreme Court, in M.C. Mehta Vs. Union of India 2006 AIR 1325, stated: ‘Town planning is now part of constitutional obligation on insertion of Part IX-A in the Constitution of India w.e.f. 1st June, 1993’. Most importantly, only our municipal corporation (MCG) allows for the direct participation of citizens in the development decisions of the City – through the democratic election of municipal councillors and the formation of ‘ward committees’ as participatory mechanisms. No other institution allows/would allow citizens this right – least of all the development authorities like HUDA or the proposed GDA. Constitutionally also, MCG is fully empowered by the Constitution of India to perform all those functions that can be performed by HUDA/GDA. As a signatory to the 74th CAA, Haryana state must commit to providing the citizens of Gurgaon their constitutional right to self-governance. The 12th Schedule, under Section 42 of the Haryana Municipal Corporation Act 1994 (HMCA), must be notified, and properly backed by operational procedures. All parastatals, such as HUDA, HSIIDC, PWD, Police, Fire, Health and other services/bodies, should work under the direct superintendence, and the technical and financial control of MCG. GDA will just be another parastatal. ‘India needs a fundamental transformation in governance, and that empowered, citizen-centric, and accountable local governments are the core around which this transformation will take place. There will be no real ‘loss of power’ to the State Governments as feared’: 2nd Administrative Reforms Commission Report 2006. Therefore, the setting up a parastatal such as GDA will be unconstitutional, anti-people, and a direct contradiction to the spirit of empowering local governance and strengthening participatory development. Gurgaon should take the lead in this national quest for good governance. We should urge our representatives in the State government and Cabinet to strongly push for a fully empowered MCG. This will surely usher in 'achhe governance din' for Gurgaon and its residents.
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