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    A PROJECT

    on

    PANCHAYATI RAJ INSTITUTION

    Submitted To: Dr. Ayan Hazra

    Faculty: Sociology

    Submitted By: Anil Yadav

    B.A. LL.B(Hons.), Semester-6th

    Roll No: 13

    HIDAYATULLAH NATIONAL LAW UNIVERSITY

    RRAAIIPPUURR((CC..GG..))

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    ACKNOWLEDGEMENTS

    Gratitude is the noble response of ones soul to kindness or help generously rendered by

    another and its acknowledgment is a duty and joyance. So it is that I express briefly my debt to

    those who have made the creation of this project possible.I thank my papa for his blessings and prayer he has showered upon me without which, I

    stalwartly believe that the completion of this project would have been impossible.

    I thank the almighty, Lord on whom I believe and depend on. My each and every

    achievement is nothing but a look of the God on me.

    I extend my thankfulness to the IT Committee without which my project would have had

    no life. I also thank all my friends and all my well wishers who had helped in the completion of

    this project. Last but never the least I extend my wholehearted thankfulness to the librarians & to

    the office bearers for their backup.

    The views expressed in this project are purely that of the author and the same are not

    intended against any one personally, any suggestions, corrections and alterations would be

    treated with extreme obligations.

    Anil Yadav

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    OBJECTIVES

    To understand what is the meaning of PanchayatiRaj.

    How does Panchayati Raj works in India.

    What are the main objectives of Panchayat.

    RESEARCH METHODOLOGY

    This doctrinal research is rigorous and indicative in nature and approaches the subtle issue in an

    objective, non-prejudiced way leaving no span for any unrequited inquiry on the subject at hand.

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    TABLE OF CONTENTS

    Acknowledgements... i

    Objectives. iii Hypothesis....iii

    Research Methodology.....iii

    Introduction...5

    Panchayat and India..6

    Objectives of Panchayati Raj....8

    Gram Panchayat ..10

    Panchayat Samiti..10

    Establishment of Panchayati Raj..11

    Aim of Panchayati Raj..11

    District level Panchayat.12

    Intermediate level Panchayat.12

    Challenges faced by Panchayati Raj..14

    Conclusion..15

    Reference 16

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    INTRODUCTION

    Democracy is never complete unless active involvement and participation of the peoples at all

    levels is assured. Particularly in the modern age of democracies, where it is said that the state, the

    government and power belongs to people.

    The government is the servant and welfare agency of the people. The people come in contact

    with the government at local level. Through local government institutions the new political elite,

    emerging from the process of independence, make an attempt to mobilise the masses hither to no

    more than periphery involved in public affairs, for the nation building tasks of economic and

    social development, and to commit them more actively to the maintenance of the political system

    of which they are now supposed to constitute an integral part.1 As such the local-level

    governmental institutions can be looked upon as an integrated system of political socialisation,

    communication and mobilisation both of political and socio-economic development. The proper

    functioning and actual role of these institutions depend upon the institutional framework, social

    structure and above all the political will of the nationalist and state level leaders.

    There is today a growing awareness of the need and importance of local self-government, as

    being a provider of services to local communities and as a mechanism for democratic self-

    government. There are currently two distinct types of local government system: urban local

    system and the rural local system.

    1A.S Narang (2009) Indiangovernment & PoliticsNew Delhi: Gitsngali Pbl. House; 6thEdn. Page 285

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    PANCHAYATS AND INDIA

    Panchayat Raj is an ancient institution as antique as India. In fact, it has been the backbone of

    Indian villages since the beginning of recorded history.Gandhiji dreamt of every village a

    republic under the Panchayat Raj system of local self-government administered by a council or

    'Panchayat' duly elected by the people of the villages in a democratic manner. The institution o

    Panchayati Raj is specifically designed for rural population to take care of the problems of rural

    areas. It provides the administrative apparatus for implementation of the programmes of rural

    development.

    The Panchayat system has been integral part of the Indian village system through ages. A village

    is self contained microcosm, a composite peasant society representing different communities and

    cultural hues. It does not have irritant elements but represent an integrated culture, free to a

    greater extent from the penetrations of urban cultural patterns into the village life. The

    importance of village with its head man, called Gramani, could be traced to Rig Vedic times and

    this head man figures in later Vedic literature as one of the jewels or Ratnas of the

    administration.

    The Decimal system of classifications of village into units of 10, 20 or 100 or 1000 is well

    known. According to Vinaya, heads of the villages (Gramikas) are stated to be meeting in an

    assembly of their own. Narada supervised the appointment of five officials in each village. The

    state took full responsibility of rural development, particularly by constructing roads, setting up

    of markets etc. There were also references to village elders -- Gamma- vriddhas and Grama

    mahattarasthe prominent persons in the village being associated with village administration.

    An account of the Panchayat system comparing five persons (official and non official) in districts

    as well as in sub divisions is afforded by the inscriptions of the Gupta period. At the district

    levels, the Vishayapati or its head had a non official advisory council representing different

    interest in the locality. These included the Nagara- sresthin- the chief banker representing the

    http://www.whatisindia.com/issues/mahatmag/index.htmlhttp://www.whatisindia.com/issues/mahatmag/index.html
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    commercial interests; the Sarthavaha or carvan the chief of the leader of the trading

    community; the Prathama kulikathe chief of the head of the families or the community head;

    and the Prathama kayasthathe chief scribe or the official administrator.

    The assistance of the council was sought in matters of alienation of lands and other allied matters

    of the community interest. At the subdivision (Vithi) and village level, there was a council of non

    officials consisting of the Vithi- mahaattaras and the kutumbins, representing the elders and

    agricultural households, respectively. The kulikas represnted the non official elements in an

    advisory capacity.2

    At the village level, the Gramika or the head man and his council settled land disputes by fixing

    boundries and they also mentioned law and order. His advisory council constitutes the

    mahattarasthe village elders and the Asthakuladhikaransthe eight head of the families and

    other leading men of experience and status. The village elders in southern India were known as

    Mahajans and they regulated the socio-economic life of the village and assisted equally in

    administration.

    The Panchayat system was prevalent in the urban context as well. The local body was called

    Uttarasabha, Goshthi, Panchakula and a board of Sauvayika. The Panchakula signified a body of

    five persons who were appointed by provincial head. They deliberated in the town hall called

    Mandapika. The committee looked after proper realization of grant and rent from the endowed

    property.

    On May 15, 1989, Prime Minister Rajiv Gandhi introduced a constitutional amendment bill in

    lok Sabha. This was introduced to make Panchayat Raj in India a truly representative and

    effective system. The bill could not become law as it was not passed by Rajya Sabha. The bill

    was again introduced in the new parliament by Narasimha Rao government. This bill, the

    seventy third amendment act, 1992, passed by parliament, was bought into effect on April 24,

    1993.

    2http://www.csc-india.org/Utilities/ContentResource/PanchayatiRaj/tabid/625/language/hi-IN/Default.aspx Last

    viewed on Oct. 13 2011

    http://www.csc-india.org/Utilities/ContentResource/PanchayatiRaj/tabid/625/language/hi-IN/Default.aspxhttp://www.csc-india.org/Utilities/ContentResource/PanchayatiRaj/tabid/625/language/hi-IN/Default.aspxhttp://www.csc-india.org/Utilities/ContentResource/PanchayatiRaj/tabid/625/language/hi-IN/Default.aspx
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    OBJECTIVES OF PANCHAYATI RAJ

    The basic objective Panchayati Raj is to evolve a system of democratic decentralization and

    devolution of people with a view to ensuring rapid socio-economic progress and speedier and

    inexpensive justice

    The Panchayat Raj system has a three-tier structure, viz, (i) the Village Panchayatas, (ii) the

    Panchayat Samitis and (iii) the Zila Parishad.

    (i) The Village Panchayatt or Gram Panchayat : The village panchayat or the gram Panchayat

    functions at the Village level.

    (ii) Panchayat Samiti : The panchayat samiti is the main executive body which operates at the

    block level.

    (iii) Zila Parishad : The Zila Parishad functions at the districts level and is responsible for

    making executing and coordinating the programmes of rural development for entire district3

    3http://en.wikipedia.org/wiki/Panchayati_raj Last viewed on Oct 13 2011

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    ESTABLISHMENT OF PANCHAYATI RAJ IN INDIA

    Organization of Panchayati Raj in India came as a revolutionary step towards rural development.

    The launching of Community Development Programmed on 2nd October 1953 the National

    Extension Service was launched. These steps were designed to secure the involvement of the

    rural people in the process of rural people in the process of rural development. However, the

    inadequate success registered by these necessitated the need for reforms, in 1954, the

    government of India established the Balwant Rai Mehta committee for suggesting some majorreforms. In October 1957, the Balwant Rai Mehta committee submitted its report. It suggested

    the organization of Panchayati Raj in rural India. It was to act both as an instrument of rural local

    self-government as well as an agency for community development. It recommended the creation

    of the three tier Panchayati Raj- Panchayats at the village level, Panchayat Samitiesat the block

    level and Zila Parishads at the district level. The National Development council accepted the

    recommendations of Balwan Rai Mehta committee in 1958. The Government of India then called

    upon all the states to implement these recommendations. On 2nd October 1959, Rajasthan came

    to be the first State to establish Panchayati Raj. Thereafter, Andhra Pradesh, Punjab, West

    Bengal, Gujarat, Madhya Pradesh, Orissa, Bihar, Kerala, J & K, Himachal Pradesh and infact all

    states introduced Panchayati Raj in their respective areas by passing necessary laws. The whole

    of rural India came under Panchayati Raj. It still continues to be in operation.

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    GRAM PANCHAYATS

    Gram Panchayat is the primary unit of Panchayati Raj Institutions. The district has 210 Gram

    Panchayats. Each Gram Panchayat comprising some villages and is divided into mouzas. The

    election of Pradhan, Upa-Pradhan & members are conducted according to the provisions of the

    West Bengal Panchayat Election Rules. Pradhan as the head of the GP is elected by the G.P.

    members.

    PANCHAYAT SAMITIES

    There are 18 Panchayat Samities in the district. Each Panchayat Samiti is functioning with the

    Community Development at the Block level created by the government in the Panchayats &

    Rural Development Deptt.

    Each Panchayat Samiti consists of official and elected members. The official members are the

    Block Dev. Officer and the Officers of various State Govt. Deptt. Ordinarily stationed at the

    Block level. The official bearers include the Panchayat Samiti members and the Pradhan of the

    Gram Panchayats. Savapati is the head of the body and is elected directly by the Panchayat

    Samiti members. And BDO of the respective block is the Executive Officer of the Panchayat

    Samity.

    The main functions of the Panchayat Samitis are planning, execution and supervision of all

    developmental programmes in the Block. It also supervises the works of Gram Panchayats within

    its Jurisdiction.

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    WORKING OF PANCHAYATI RAJ(1959-1992)

    By 1959 almost all the states introduced Panchayati raj in rural areas. They quite faithfully

    adopted the recommendation of Balwant Rai Mehta Community. Almost all the tates adoped

    three-tire system. But within it some states like Maharastra decided to assign the development

    function to the Zila Parishads and not to the Panchayati Samities. However other states decided

    to assign these function to Panchayati Samities. During 1995-1992 Panchayati Raj kept on

    working for achieving its objectives. However, its efforts were not very successful. Its working

    brought to light several shortcoming which preventing it from becoming successful. It virtuallyfailed to produce a quantitative change in rural life in India. Rural literacy, lack of funds,

    poverty, inexperience representatives, groups, corruption, government interference, lack of

    continuity in the working of Panchayati Raj institution and lack of interest taken by rural people,

    all became responsible for an inadequate success of Panchayati Raj.4

    AIM OF PANCHAYATI RAJ

    The aim of Panchayati Raj has been democratic decentralization, rural-self government and rural

    development Socio-economic development of rural India has been a major goal. Panchayati Raj

    has been designed to encourage the people of rural area in meeting their needs locally. It

    develops the habit democratic living. It strengthens the foundation of Indian democracy. Making

    villages self-governing and self-reliant units. Secure a sense to self-educated and training and to

    undertake rural development by involving rural community. To satisfy Local needs, promote

    democratic living, provide political education and training and rural development through local

    efforts.

    4GoelS.L. (2007) Good GovernanceNew Delhi: Deep & Deep Pbl. Pvt. LTD; Page 417

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    DISTRICT LEVEL PANCHAYAT

    In the district level of the panchayati raj system you have the "zilla parishad

    Functions:

    Provide essential services and facilities to the rural population and the planning and

    execution of the development programmes for the district .

    Supply improved seeds to farmers. Inform them of new techniques of training. Undertake

    construction of small- scale irrigation projects and percolation tanks.

    Set up and run schools in villages. Execute programmes for adult literacy. Run libraries.

    Start Primary Health Centers and hospitals in villages. Start mobile hospitals for hamlets,vaccination drives against epidemics and family welfare campaigns.

    Construct bridges and roads.

    Execute plans for the development of the scheduled castes and tribes. Run ashramshalas

    for adivasi children. Set up free hostels for scheduled caste students.

    Encourage entrepreneurs to start small- scale industries like cottage industries, handicraft,

    agriculture produce processing mills, dairy farms, etc. implement rural employment

    schemes.

    They construct roads, schools,& public properties.And they take care of the public

    properties. They even supply work for the poor people .(tribes, scheduled caste, lower caste )

    Sources of Income

    1 . Taxes on water, pilgrimage, markets, etc.

    2 . Fixed grant from the State Government inproportion with the land revenue and money

    for works and schemes assigned to the Parishad5

    5Basu Durga Das, (2011) Introduction to constitution of IndiaHaryana: Lexis Nexis Butterworths Wadhwa

    Nagpur; Page- 287-289

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    INTERMEDIATE LEVEL PANCHAYAT

    Panchayat samiti is a local government body at the tehsil or Taluka level in India. Itworks for the villages of the Tehsil

    Functions Implement schemes for the development of agriculture.

    Establishment of primary health centres andprimary schools.

    Supply of drinking water, drainage, construction/ repair of roads.

    Development of cottage and small- scale industries and opening of cooperative societies.

    Establishment of youth organisations.'

    CHALLENGES FACED IN PANCHAYATI RAJ

    The panchayati raj system, introduced through the 73rd Constitutional Amendment, is the most

    definitive step towards re-energising democracy in the history of independent India.

    Panchayat traditionally refers to the five elders in a village who mediated conflict and spoke on

    behalf of all the residents of a village. The word has been retained by the 73rd amendment to the

    Constitution, but it now refers to a body elected according to law. The same word is used for the

    three tiers of local administration brought in by the amendment -- the highest being the district or

    zilla panchayat. The lowest is the gram panchayat that may cover several villages. All citizens of

    these villages constitute the gram sabha, which becomes the basic unit of democracy.

    Panchayati Raj Institutions (PRI) cover more than 96% of Indias rural population, where gram

    sabhas act as platforms for peoples participation, to raise demands and to ensure transparency

    and accountability in the responses of panchayats. Panchayati raj can lead to local economic

    development with social justice -- PRIs can be given the power to implement schemes like the

    Sarva Shiksha Abhiyan and Employment Guarantee Scheme (EGS).

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    However, a number of daunting challenges face PRIs today. Across all states there is a lack of

    genuine devolution of funds, functions and functionaries in panchayati raj. Added to that are

    social challenges that work against the emergence of leadership from marginalised sections of

    society, such as women, dalits and tribals. Further, as Sudha Pillai, additional secretary,

    panchayati raj, Government of India, pointed out, there is a lack of role clarity among gram

    panchayats, block panchayats and district panchayats.

    The Panchayats Extension to the Scheduled Areas (PESA) Act of 1996 is one of the most potent

    legislative measures in recent times. It recognises tribal peoples modes of living, aspirations,

    their culture and traditions. But, more than eight years after the Act was adopted, the enabling

    rules are still not in place. This clearly shows that state governments are reluctant to

    operationalise the PESA mandate.6

    6http://www.mainstreamweekly.net/article651.html Last visited on OCT 15 2011

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    CONCLUSION

    We cannot overlook the fact that being closest to the people, the Panchayats and their elected

    representatives have the feel of the pulse, the sufferings of the people and local conditions. The

    effectiveness of providing services through local bodies cannot be overemphasised as they know

    their real requirements, and are familiar with every nook and corner of the village and, above all,

    they are answerable to the people. Gram Sabhas can play a very meaningful role in selecting the

    beneficiaries, prioritising the beneficiaries to ensure gender and equity concerns and also in

    deciding the appropriate rehabilitation or reconstruction programme that is needed for the

    communities.

    The involvement of Panchayats ensures greater transparency in working and fund utilisation than

    in execution carried out by central or state agency, many a times. Providing a village level plan

    for reconstruction and rehabilitation, classifying victims' families and making arrangements for

    relief packages to reach them, managing temporary camps, and coordinating immediate health.

    It is mostly agreed that the PRIs can play a significant role in Rehabilitation and resettlement

    provided they are vested with due authority, and are facilitated to do so through capacity building

    inputs and necessary institutional support. Adequate resources should be provided to PRIs to

    build up their capacities and Sensitization and training of PRI members on related areas will

    have to be promoted and capacity for the same should be institutionalized in the existing

    institutionalframework.

    Any legislation empowering the Panchayats on land acquisition will make a great difference

    because if the people at the grassroots are legally empowered to raise objections to land

    acquisition then there will be a fair chance that the Government may have to fight many stiff

    legal battles in order to proceed with development projects which would displace the poor and

    the marginalized from their hearth and homes. For greater transparency and accuracy, the

    Panchayats at the appropriate level Gram Sabha must be fully consulted as per the provision of

    section 4(i) of the PESA Act prior to the formal land acquisition. In a mature and responsible

    administrative system where power is in the hands of the people and their democratically elected

    local government institutions, relief operations, day-to-day running of civic services, providing

    medical assistance, etc., could best be done by the local government.

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    REFERENCE

    Basu Durga Das, (2011) Introduction to constitution of IndiaHaryana: Lexis NexisButterworths Wadhwa Nagpur.

    GoelS.L. (2007) Good GovernanceNew Delhi: Deep & Deep Pbl. Pvt. LTD.

    A.S Narang (2009) Indian government & PoliticsNew Delhi: Gitsngali Pbl. House; 6th

    Edn.

    http://www.mainstreamweekly.net/article651.html

    http://en.wikipedia.org/wiki/Panchayati_raj