A CRITICAL ANALYSIS OF THE CONSTITUTIONAL PROVISIONS GOVERNING FISCAL FEDERALISM IN INDIA WITH REFERENCE TO LOCAL GOVERNMENTS

Povzetek

The enactment of the 73rd and 74th Constitutional Amendments in 1992 was heralded as a silent revolution, promising to transform India's democratic landscape by constitutionally entrenching a third tier of governance. Decades later, the promise of empowered local self-government remains largely unfulfilled, primarily due to a persistent and critical fiscal deficit. This research paper undertakes a critical legal and political-economic analysis of the constitutional architecture governing the financial relationship between the Union, States and Local Governments. It argues that the amendments, while revolutionary in intent, created a system of "guided" or "dependent fiscal federalism." The framework, meticulously designed through Articles 280, 282, 243H, 243I, 243X and 243Y, establishes a hierarchical, conditional and discretionary model of fiscal devolution that systematically undermines the autonomy of Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs). By dissecting the mechanisms of central finance commission recommendations, grants-in-aid and the delegated taxation powers, this paper demonstrates how the constitutional design inherently reinforces the hegemony of State governments and perpetuates local fiscal infantilization.