
The Gujarat High Court is hearing an important case related to the appointment of the Lokayukta in Gujarat. The issue is whether the Governor can appoint the Lokayukta at his discretion or whether appointment can be made only upon obtaining the aid and advice of the Council of Ministers led by the Chief Minister. During the period 2006-2010, the Gujarat state government submitted names of two prospective appointees for the post of Lokayukta to the Governor. But no appointment was made during this period. On August 26, 2011 the Governor appointed retired judge R.A.Mehta as Lokayukta, whose name was not among those submitted by the state government. The Gujarat state government moved the High Court to quash the appointment on the ground that the Governor made the appointment without the aid and advice of the Council of Ministers led by the Chief Minister. Section 3 of the Gujarat Lokayukta Act, provides in part that “the Governor shall by warrant under his hand and seal, appoint a person to be known as Lokayukta”. The Governor acted under this section to make the appointment of Lokayukta. However, the state government has argued that section 3 has to be understood in light of Article 163(1) of the Constitution. Article 163(1) provides that the Governor shall be aided and advised in the exercise of his functions by a Council of Ministers with the Chief Minister at the head. Thus, as per this line of argument, the Governor violated the provision of Article 163(1) when she failed to take the aid and advice of the Council of Ministers led by the Chief Minister before exercising the function of appointing the Lokayukta. At the time of writing this post, news reports suggested that the two judges hearing the case are divided over the issue. It remains to be seen whether this issue will be referred to a larger bench. The outcome of this case could have wider implications on the constitutional role of governors if it sets guideposts on the extent to which they act independent of the advice of the council of ministers.
On November 28, 2012, the Comptroller and Auditor General submitted its report on the implementation of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). According to the report most of the projects initiated under JNNURM have not been completed. For instance with respect to urban infrastructure projects, only 231 projects out of the 1298 sanctioned projects have been completed. Similarly, with respect to housing projects, only 22 of the 1517 projects have been completed. Some of the other key recommendations of the report are:
The need and objectives of JNNURM According to the 2011 census India’s urban population has increased from 286 million in 2001 to 377 million in 2011 . With the increase in urban population, there is a requirement to improve the urban infrastructure and improve the service delivery mechanisms. With these specific objectives in mind, the central government launched the Jawaharlal Nehru National Urban Renewal Mission 2005-2006. The aim of the Mission is to encourage reforms and fast track planned development of identified cities (such as cities with a population of more than 1 million as per the 2001 census). JNNURM has two main components namely : (i) Urban Infrastructure and Governance and (ii) Urban Infrastructure Development for Small and Medium Towns. The duration of JNNURM was from 2005-06 to 2011-12. However, as the projects have not been completed the Government has extended its duration until March 2014. Funds for JNNURM The funds for JNNURM are provided through the Additional Central Assistance. This implies that the funds are provided as grants to the states directly from the centre. In the 2012 Union Budget, the central government has allocated Rs 12,522 crore for JNNURM. This represents around 10 % of the total central assistance through the different schemes to states and union territories in 2012-13. As on June 30 2012, 554 projects at a total cost of Rs 62,253 crore have been sanctioned under the Urban Infrastructure and Governance sub-mission of JNNURM. The table below shows the status of the sanctioned JNNURM projects in the different states. State wise status of the projects under JNNURM (as on August 6, 2012)
Name of State | Total Allocation (Rs Lakh) | Number of sanctioned projects | Completed Projects |
Andhra Pradesh | 2,11,845 | 52 | 18 |
Arunachal Pradesh | 10,740 | 3 | NA |
Assam | 27,320 | 2 | NA |
Bihar | 59,241 | 8 | NA |
Chandigarh | 27,087 | 3 | NA |
Chattisgarh | 24,803 | 1 | NA |
Delhi | 2,82,318 | 23 | 4 |
Goa | 12,094 | 2 | NA |
Gujarat | 2,57,881 | 72 | 40 |
Haryana | 32,332 | 4 | NA |
Himachal Pradesh | 13,066 | 5 | NA |
Jammu & Kashmir | 48,836 | 5 | NA |
Jharkhand | 94,120 | 5 | NA |
Karnataka | 1,52,459 | 47 | 22 |
Kerala | 67,476 | 11 | NA |
Madhya Pradesh | 1,32,850 | 23 | 7 |
Maharashtra | 5,50,555 | 80 | 21 |
Manipur | 15,287 | 3 | NA |
Meghalaya | 15,668 | 2 | NA |
Mizoram | 14,822 | 4 | NA |
Nagaland | 11,628 | 3 | NA |
Orissa | 32,235 | 5 | NA |
Punjab | 70,775 | 6 | 1 |
Puducherry | 20,680 | 2 | NA |
Rajasthan | 74,869 | 13 | 2 |
Sikkim | 10,613 | 2 | NA |
Tamil Nadu | 2,25,066 | 48 | 12 |
Tripura | 14,018 | 2 | NA |
Uttar Pradesh | 2,76,941 | 33 | 4 |
Uttarakhand | 40,534 | 14 | NA |
West Bengal | 3,21,840 | 69 | 15 |
Source: Jawaharlal Nehru National Urban Renewal Mission; PRS.