Panchayati raj system in India-
Panchayati Raj is a system of governance in which gram panchayats are the basic units of administration
Mahatma Gandhi advocated panchayati Raj, a decentralized form of government
This system was adopted by state governments during the 1950s and 60s as laws were passed to establish panchayats in various states
In our constitution it was added through the 73rd Amendment in 1992 ,which came into force in 1993
This amendment added Articles from 243 to 243 – Q in part IX of the constitution
Evolution of Panchayati raj system in India-
1.Balwant rai mehta committee-
The Balwant Rai Mehta Committee was a committee originally appointed by the Government of India on 16 January 1957 to examine the working of the Community Development Programme of 1952 and the National Extension Service under the chairmanship of Balwantrai G Mehta
The committee submitted its report on 24 November 1957 and recommended the establishment of the scheme of 'democratic decentralisation' which finally came to be known as Panchayati Raj.
Major recommendations-
1.It recommended for Formation of Three Tier system I.e.-
Gram panchayat- village level
Panchayat Samiti - Block level
Zila parishad - District level
2.The village Panchayat should be constituted with directly elected representatives, whereas the Panchayat Samiti and Zilla Parishad should be constituted with indirectly elected members. This is because Panchayat is similar to that of state assembly where there is place for politics where as Samiti and Zilla Parishad members should be more educated and knowledgeable and may not need the majority support.
3.All planning and developmental activities should be entrusted to these bodies.
4.The Panchayat Samiti should be the executive body while the Zilla Parishad should be the advisory, coordinating and supervisory body.
5.The District Collector should be the Chairman of the Zilla Parishad.
6.There should be a genuine transfer of power and responsibility to these democratic bodies.
7.Sufficient resources should be transferred to these bodies to enable them to discharge their functions and fulfil their responsibilities.
8.A system should be evolved to effect further devolution of authority in future.
9.Irrespective of political parties, Elections has to be constituted for every 5 years in a genuine way.
These recommendations were accepted by the National Development Council in January, 1958
The above stated system may vary from state to state but its basic features should be same
The scheme was inaugurated by the then prime minister Pt Jawahar Lal Nehru on October 2, 1959 in Nagaur District of Rajasthan
Implementation by states-
On 2nd of October 1959, Rajasthan became the first state to implement this democratic decentralisation strategy
on 1st November 1959 Andhra Pradesh becomes 2nd state to implement it
Madhya Pradesh, Assam, Odisha, Gujarat, Karnataka, Punjab and Maharashtra, among others, have passed and implemented the essential legislation.
Also Tamilnadu followed Two-tier system and West Bengal followed Four tier system
Ashok Mehta Committee-
This commiottee was appointed by Janta government in December 1977
The committee submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining Panchayati Raj system in the country
As a result of this report, the Indian states of Karnataka, Andhra Pradesh, and West Bengal passed new legislation
Some of The Major Recommendations are as follows-
1.The institutional design for Panchayati Raj should take into account the functional necessity of propelling the on-going developmental thrusts, build upon the intricacies at the appropriate levels and transmit the impulse to the people through location-specific involvement
2.The 3-tier system of Panchayati Raj should be replaced by the 2-tier system:
Zilla Parishad at the district level, and below it-
the Mandal Panchayat consisting of a group of villages covering a population of 15000 to 20000.
2.The Zilla Parishad should consist of six types of members, viz. members elected from suitably demarcated electoral divisions, Presidents of the Panchayat Samitis on an exofficio basis, nominees of bigger municipalities, nominee of district level cooperative federation, two women who have secured the highest number of votes in the Zilla Parishad elections and two coopted members
3.The Zilla Parishad would function through a number of committees, the more important ones being constituted for Agriculture, Education, Small Industries, Finance and Public Works
4.The Mandal Panchayat would consist of the following categories of members:
(a) 15 members directly elected on village-cum-population basis;
(b) representatives of Farmers' Service Societies;
(c) two women securing the highest votes in Mandal Panchayat elections
5.Nyaya Panchayats-
The Committee are of the view that Nyaya Panchayats should be kept as separate bodies and should not be mixed with the people elected for development panchayats.
The members of development panchayats wield executive powers and there are chances that justice may suffer if the two functions are combined. The Committee are in favour of a combination of a qualified judge to preside over a bench of separately elected Nyaya Panches. The elected Nyaya Panches will not be entitled to seek re-election
6.CEO-
Panchayati Raj elections should be conducted by the Chief Election Officer of the State in consultation with the Chief Election Commissioner
7.Elections-
The State Governments should not postpone elections of Panchayati Raj Institutions and it should be done within 6 months before the expiry of tenure
8.Zila Parishad should be the executive body and made responsible for planning at the district level.
9.There should be an official participation of political parties at all levels of Panchayat elections.
10.The Panchayat Raj institutions should have compulsory powers of taxation to mobilize their own financial resources.
11.Development functions should be transferred to the Zila Parishad and all development staff should work under its control and supervision.
12.The voluntary agencies should play an important role in mobilising the support of the people for Panchayati Raj.
13.A minister for Panchayati Raj should be appointed in the state council of ministers to look after the affairs of the Panchayati Raj institutions.
14.Seats for SCs and Sts should be reserved on the basis of their population.1/3rd seats should be reserved for women.
15.A minister for the panchayati raj should be appointed in the state council of ministers to look after the affairs of the panchayati raj institutions.
Due to collapse of the Janta Government before the completion of its term, no action could be taken on the recommendations of Ashok Mehta committee at the central level
Hanumantha Rao Committee Report on District Planning-
It submitted its report in 1984
The Committee advocated separate district planning bodies under either the District Collector or a minister
Recommended formation of District planing cells
GVK Rao Committee-
It was formed in 1985 and submitted report in 1986
It recommended-
The district should be the basic unit for policy planning and programme implementation.
The Zila Parishad should, therefore, become the principal body for management of all development programmes which can be handled at that level
Some of the planning functions at the state level may have to be transferred to the district level for effective decentralised district planning
The Committee, recommends that a post of District Development Commissioner(DDC) be created to look after and coordinate all the developmental activities in the district.
Other committee- Dantwala Committee report on Block – level planning (1978)
LM Singhvi Committee-
In 1986 Rajiv Gandhi Government appointed a committee on the revitalisation of the panchayati raj institutions for democracy and development under the chairmanship of L.M. Singhvi.
Major Recommendations-
1.The panchayati raj institutions should be constitutionally recognized, protected and preserved. For this purpose a new chapter should be added in the constitution of India.
2.It also suggested some constitutional provisions to ensure regular, free and fair elections to the Panchayati raj bodies.
3.Nyaya Panchayats should be established for a cluster of villages.
4. The villages should be organized to make the gram panchayats more viable. It also emphasized the importance of the gram Sabha and called it as the embodiment of direct democracy.
5.The village panchayat should have more financial resources.
6.The judicial tribunals should be established in each state to eradicate controversies about election to the panchayati raj institutions, their dissolution and other matters related to their functioning.
73rd constitutional amendment act 1992
This amendment added 11th schedule to our constitution having article 243 to 243 Q
This act corresponds to the part IX of the constitution
Provisions-
3 Tier System : Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
The act brings about uniformity in the structure of the panchayati raj throughout the country
The ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State
The Chairperson of -
(a) a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and
(b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members
Reservation of seats-
Reservation of seats.-
(1) Seats shall be reserved for(at all level )-
(a) the Scheduled Castes; and
(b) the Scheduled Tribes,
This reservation to SC and ST should be in proportion to their population in that are
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat.
(4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide and it should be in propotion to their population
Provided that not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level shall be reserved for women:
Provided also that the number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.
Legislature of a State can make any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class of citizens.
Duration of Panchayats-
The act provided for a five – year term of office to the panchayat at every level.
However, it can be dissolved before the completion of its term.
Fresh election to constitute a panchayat shall be completed: Before the expiry of its term: or
In case of dissolution, before the expiry of a period of six months from the date of its dissolution
Disqualification-
A person shall be disqualified for being chosen as, and for being, a member of a Panchayat-
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Panchayat has become subject to any of the disqualifications mentioned above than all questions of disqualifications shall be referred to state legislature
Election of the members and the chairpersons-
1. All members of the panchayats at the village, intermediate and the district levels shall be elected directly by the people.
2. The chairpersons of the panchayats at the intermediate and district level shall be elected indirectly by and from amongst the elected members thereof.
3. The chairperson of a panchayat at the village level shall be elected in such a manner as the state legislature determines.
Powers and functions
1. The state legislature may endow the panchayats, with such powers and authority as may be necessary to enable them to function as institutions of self government.
2. Such a scheme may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level with respect to-
Preparation of plans for economic development and social justice
The implementation of schemes for the economic development and social justice as may be entrusted to them, including those in relation to the 29 matters listed in the eleventh schedule.
Composition of Finance commission-
73rd amendment provided for constitution of Finance commission after every 5 year
a) the principles which should govern-
(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayat;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the Commission together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State
Audit of accounts of Panchayats.-
The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts
Elections to Municipalities-
The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the panchayats and municipalities shall be vested in the State Election Commissions.
Application to union territories-
The president of India may direct that the provisions of this act shall apply to any union territory subject to such exceptions and modification as may specify
This act does not apply in -
Tribal areas referred to in Article 244 of the constitution
The States of Nagaland, Meghalaya and Mizoram
The hilly areas of Manipur for which a district council exists
Darjeeling district of West Bengal for which Dargeeling Gorkha hill council exists
Compulsory and Voluntary provisions of panchayti raj act-
Compulsory provisions of the act
Constitution of Gram Sabha in a village or a group of villages
Establishment of panchayat at village, intermediate and district
Direct elections to all seats in panchayats at the village, intermediate and district levels
Indirect election to the post of the chairperson of the panchayats at the intermediate and district level
21 years to be the minimum age for contesting
Reservation of seats for SC and STs in panchayats at all levels
Reservation of 1/3rd seats for women in panchayats
Fixing of tenure of 5 years and holding elections within six months in any event of supersession of any panchayat
Establishment of state election commission
Constitution of state finance commission after every 5 years to review the financial position of the panchayats
Voluntary provisions of the act
Giving representation to members of the Parliament and state legislature at various levels of the panchayats
Providing reservation of seats for backward classes
Granting powers an authority to PRI
Devolutions of powers and representation
Granting financial powers to the panchayats
There are total 29 subjects mentioned under Schedule 11 of the constitution and these are as follows-
1. Agriculture, including agricultural extension.
2. Land improvement, implementation of land reforms, land consolidation and soil conservation.
3. Minor irrigation, water management and watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries, including food processing industries.
9. Khadi, village and cottage industries.
10. Rural housing.
11. Drinking water.
12. Fuel and fodder.
13. Roads, culverts, bridges, ferries, waterways and other means of communication.
14. Rural electrification, including distribution of electricity.
15. Non-conventional energy sources.
16. Poverty alleviation programme.
17. Education, including primary and secondary schools.
18. Technical training and vocational education.
19. Adult and non-formal education.
20. Libraries.
21. Cultural activities.
22. Markets and fairs.
23. Health and sanitation, including hospitals, primary health centres and dispensaries.
24. Family welfare.
25. Women and child development.
26. Social welfare, including welfare of the handicapped and mentally retarded.
27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes.
28. Public distribution system.
29. Maintenance of community assets
Issues with Local self government in India-
Lack of cordial relations between officials and people
Lack of financial facilities
Lack of awareness among elected members and chairpersons regarding government schemes etc.
No minimum qualification for the members of Panchayti raj institutes
Lack of coordination of Panchayat level officials with district level authorties
There is absence of clear functional jurisdiction of panchayats
Caste, class, religion and other sectarian interest are playing a dominant role in the working of panchayati raj institutions.