Title
Enabling Legal Environment for Meeting the Rational Nexus Principle: Insights From the Use of Development Charges in India
Publication Date
7-1-2021
Document Type
Article
Publication Title
Public Works Management and Policy
Volume
26
Issue
3
DOI
10.1177/1087724X20916470
First Page
239
Last Page
258
Abstract
Globally, governments at all levels—national to local—are fiscally constrained, especially in the developing countries of the Global South (Africa, Latin and Central America, and the developing countries of Asia). One such country is India, which is also experiencing rapid growth in urban populations and is seeking additional revenues from public finance sources, such as development charges. In India, these charges need to meet the rational nexus principle to be legally robust. Through a review of India’s state-level enabling legislation, this article seeks to identify ways in which the enabling legal framework for development charges can promote or hamper the rational nexus principle. Finally, this article provides insights that can help jurisdictions in India, and potentially in other Global South countries, craft or amend enabling legislation so that such legislation can withstand rational nexus principle–related legal challenges.
Funding Sponsor
San José State University
Keywords
development charges, India, infrastructure: capital financing, legislation, municipal finance, policy, regulatory issues
Department
Urban and Regional Planning
Recommended Citation
Shishir Mathur. "Enabling Legal Environment for Meeting the Rational Nexus Principle: Insights From the Use of Development Charges in India" Public Works Management and Policy (2021): 239-258. https://doi.org/10.1177/1087724X20916470