panchayati raj · panchayati raj • the term panchayat raj in india signifies the system of rural...

PANCHAYATI RAJ

Panchayati Raj

• The term panchayat raj in India signifies the system of rural local self government. It is created in all states in India by the acts of concerned state legislature to establish democracy at grass root level.

• It is entrusted with duties and the responsibility in the field of rural development. It was constitutionalized through 73rd amendment act of 1992.

• At the central level, the Ministry of Rural Development looks after the matters relating to the panchayati raj bodies.

Local Government is a subject of the State list

• The fifth entry of the state list in the seventh schedule of the constitution of India deals with the local government.

GRAM SABHA• The term Gram Sabha is defined in the Constitution of India

under Article 243(b). Gram Sabha is the primary body of the Panchayati Raj system and by far the largest. It is a permanent body.

• Gram Sabha is the Sabha of the electorate. All other institutions of the Panchayati Raj like the Gram Panchayat, Block Panchayat and Zilla Parishad are constituted by elected representatives.

Who are the members of Gram Sabha: Persons, those who are above 18 years of age and living in the village and whose names are included in the electoral rolls for the Panchayat at the village.

Election of Panch-• Village is divided into wards-representative of ward is ward

member /panch• All members of Gram Sabha elect- Sarpanch• Sarpanch+Panch = Grampanchayat (5 years)

Secretory (Gram Sevak)

• Appointed by govt. & no elected by people.

• Calls meeting of Gram Panchayat

• Keeps record of proceeds.

Role of Gram Sabha-• Helpful to Gram Panchayat in playing

its role.

• Place plans before people.

• Prevents corruption.

• Keep representatives accountable.

Work of Gram Panchayat

• Construction & Maintanance of Water Sorces, roads, drainage, school buildings & other common property resources.

• Levying & collecting local taxes.

• Executing govt. schemes related to employment in villages.

Sources of funds for panchayat-

• Collection of taxes on houses, market places etc. govt. schemes funds received through various dept’s of govt.

• Donation for community works etc.

Levels of Panchayat

District Level-Dist.Panchayat/ Jila

Parishad

Blok Level-Janpad/panchayat

summit.

Gram Panchayat & panchare answerable to Gram

Sabha

Panchayati Raj

Evolution of Panchayati Raj in India

• Epic Era indicates the two great epic periods of India, that is, the Ramayana and the Mahabharata.

• The study of Ramayana indicates that the administration was divided into two parts -Pur and Janpad or city and village. In the whole of the state, there was also a Caste Panchayat and one person elected by the Caste Panchayat was a member of the king's Council of Ministers.

• Self-government of a village finds ample expression in the ‘Shanti Parva’ of the Mahabharata and in the Manu Smriti.

• As per the Mahabharata, over and above the village, there were units of 10, 20, 100, and 1,000 village groups.‘Gramik’ was the chief official of the village, ‘Dashap’ wasthe chief of ten villages, Vinshya Adhipati, Shat Gram Adhyaksha and Shat Gram Pati were the chiefs of 20, 100, and 1,000 villages, respectively. They collected the local taxes and were responsible for the defense of their villages.


• Vedic Era: In the old Sanskrit scriptures, word ‘Panchayatan’ has been mentioned which means a group of five persons, including a spiritual man.

• Gradually the concept of the inclusion of a spiritual man in such groups vanished.

• In the Rigveda, there is a mention of Sabha, Samiti and Vidatha as local self-units. These were the democratic bodies at the local level. The king used to get the approval of these bodies regarding certain functions and decisions.


• Ancient Period: There is a mention of village panchayats in Kautilya’sArthashastra. The town was referred to as Pur and its chief was the Nagarik.

• Local bodies were free from any royal interference.

• During the Mauryan and Post-Mauryan periods too, the headman, assisted by a council of elders, continued to play a prominent role in the village life.

• The system continued through the Gupta period, though there were certain changes in the nomenclature, as the district official was known as the vishyapati and the village headman was referred to as the grampati.

• Thus, in ancient India, there existed a well established system of local government which was run on a set pattern of traditions and customs.

• However, it is significant to note that there is no reference of women heading the panchayat or even participating as a member in the panchayat.


• Medieval Period: During the Sultanate period, the Sultans of Delhi divided their kingdom into provinces called ‘Vilayat’.

• For the governance of a village, there were three important officials -Mukkaddam for administration, Patwari for collection of revenues, and Choudhrie for settling disputes with the help of the Panch.

• The villages had sufficient powers as regards self governance in their territory.

• Casteism and feudalistic system of governance under the Mughal rule in the medieval period slowly eroded the self-government in villages.

• It is again noteworthy to note that even in the medieval period there is no mention of women participation in the local village administration.


• British Period: Under the British regime, village panchayats lost their autonomy and became weak. It is only from the year 1870 that India saw the dawn (आरंभ) of representative local institutions.

• The famous Mayo’s resolution of 1870 gave impetus to the development of local institutions by enlarging their powers and responsibilities. The year 1870, introduced the concept of elected representatives, in urban municipalities.

• The revolt of 1857 had put the imperial finances under considerable strain and it was found necessary to finance local service out of local taxation. Therefore it was out of fiscal compulsion that Lord Mayo’s resolution on decentralization came to be adopted.

• Following the footsteps of Mayo, Lord Rippon in 1882 provided the much needed democratic framework to these institutions. All boards (then existing) were mandated to have a two-thirds majority of non-officials who had to be elected and the chairman of these bodies had to be from among the elected non-officials. This is considered to be the Magna Carta of local democracy in India.

• Local self-government institutions received a boost with the appointment of the Royal Commission on centralisation in 1907 under the Chairmanship of C.E.H. Hobhouse. The commission recognized the importance of panchayats at the village level.


• It is in this backdrop that the Montagu Chelmsford reforms of 1919 transferred the subject of local government to the domain of the provinces. Although due to organizational and fiscal constraints they did not become democratic and vibrant institutions of local self government at the village level.

• However, by 1925, eight provinces had passed the Panchayat Acts and by 1926, six native States had also passed panchayat laws. Local bodies were given more powers and functions to impose taxes were reduced. But, the position of the local self-government institutions remained unaffected.


• Post–Independence Period: After the Constitution came into force, Article 40 made a mention of panchayats and Article 246 empowers the state legislature to legislate with respect to any subject relating to local self-government.

• Since the Directive Principles are not binding principles, the result was the absence of a uniform structure of these bodies throughout the country.

• After independence, as a development initiative, India had implemented the Community Development Programmes (CDP) on the eve of Gandhi Jayanti, the 2nd October, 1952 under the major influence of the Etawah (in UP) Project undertaken by the American expert, Albert Mayer.

• In 1953, the National Extension Service was also introduced as a prologue to CDP. But the programme did not yield much result.

• There were various reasons for the failure of CDP like bureaucracy and excessive politics, lack of people participation, lack of trained and qualified staff, and lack of local bodies interest in implementing the CDP especially the village panchayats.

• In 1957, the National Development Council constituted a committee headed by Balwant Rai Mehta to look into the working of community development programme.

Balwant Rai Mehta Committee

1. In January 1957, the government of India appointed a committee to examine the functioning of the Community Development Programme (1952) and the National Extension Service (1953) and to suggest measures for their better performance.

2. The committee submitted its report in November 1957 and recommended the establishment of the scheme for democratic decentralization which ultimately came to be known as the Panchayat Raj.


• The specific recommendations made by Balwant Rai Mehta committee are

1. Establishment of a three tier panchayati raj system which includes ZilaParishad at the District level, Panchayati Samiti at the block level and GramPanchayat at the village level.

2. These tires should be organically linked together through a device of indirect elections.

3. The village panchayat should be constituted with directly elected representatives, whereas the Panchayat Samiti and the Zila Parishad should be constituted with indirectly elected members.


4. All the planning and developmental activities should be entrusted to these bodies.

5. The panchayat Samiti should be the executive body while the Zila Parishadshould be the advisory, coordinating and supervisory body.

6. The district collector should be the chairman of the Zila Parishad.

7. There should be a genuine transfer of power and responsibility to these democratic bodies.


8. Adequate resources should be transferred to these bodies to enablethem to discharge their functions and fulfil their responsibilities.

9. A system should be evolved to effect further devolution of authority in future.

10. These recommendations were accepted by the National Development Council in January, 1958.

11. The council did not insist on a single rigid pattern and left it to the states to evolve their own patterns suitable to the local conditions.


12. But the basic principles and the broad fundamentals should be identical throughout the country.

13. Rajasthan was the first state to establish the institution of panchayati raj.

14. The scheme was inaugurated by the then Prime Minister Pt Jawahar LalNehru on October 2, 1959 in Nagaur District.

15. Rajasthan was followed by Andhra Pradesh which also adopted the system in 1959.

16. Rajasthan adopted a three – tier system.


• Exceptions

1. Tamil Nadu adopted a Two – Tier system

2. West Bengal adopted a Four – Tier System

Ashok Mehta Committee

1. In December 1977, the Janta Government appointed a committee on panchayat raj institutions under the chairmanship of Ashok Mehta.

1. It submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining panchayati raj system in the country.

Main recommendations

1. The three tier system of the panchayat raj should be replaced by two tier system, that is the Zila Parishad at the district level, and below it, the Mandal panchayatconsisting of a group of villages comprising a population of 15000 to 20000.

2. A district should be the first point for the decentralisation under the popular supervision below the state level.

3. The Zila Parishad should be the executive body and be made responsible for responsible for planning at the district level.

4. There should be an official participation of the political parties at all the levels ofpanchayat elections.

Main recommendations

5. The panchayati raj institutions should have compulsory powers for taxation to mobilise their own financial resources.

6. There should be a regular social audit by a district level agency and a committee of legislators to check whether the funds allotted for the vulnerable social and economic groups are actually spent on them.

7. The State Government should not supersede the panchayati raj institutions.

8. The Nyaya Panchayats should be kept as separate bodies from that of development panchayats. They should be presided over by a qualified judge.

The panchayati raj elections

9. Development functions should be transferred to the Zila Parishad and all the development staffs should work under its control and supervision.

10. The voluntary agencies should play an important role in mobilising the support of the people for the panchayati raj.

11. 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.

12. Seats for the SCs and STs should be reserved on the basis of their population.

• 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.

• The three States of Karnataka, West Bengal and Andhra Pradesh took steps to revitalize the panchayati raj, keeping in view some of the recommendations of the Ashok Mehta Committee.

GVK Rao Committee

1. In this respect, the G.V.K Rao committee report (1986) different from the Dantwala Committee report on Block – level planning (1978) and the Hanmantha Rao Committee report on the District Planning (1984).

3. The Ashok Mehta Committee and finally the G.V.R Raocommittee which recommended reduction in the developmental role of district collector and assigned a major role to the panchayatiraj in development administration.

LM Singhvi Committee

1. 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.

• Its major recommendations are:

2. 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.

3. It also suggested some constitutional provisions to ensure regular, free and fairelections to the Panchayati raj bodies.

LM Singhvi Committee

4. Nyaya Panchayats should be established for a cluster of villages.

5. 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.

6. The village panchayat should have more financial resources.

7. 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.

Constitutionalization

1. The Narsimha Rao Government introduced the ConstitutionalAmendment Bill in the Lok sabha in September 1991.

2. It was passed by the Lok sabha on December 22, 1992 and by the Rajya sabha on December 23.

3. Later it was approved by the 17 state assemblies and received the assent of the president of India on April 20, 1993.

73RD AMENDMENT ACT OF 1992

73rd Amendment Act of 1992


• It is entitled as the panchayats and consists provision of Articles – 243 to 243 – Q.

• The act has also added the eleventh schedule to the constitution of India.

• The act has given a practical shape to Article 40 of the constitution.

• The act gives a constitutional status to the Panchayat Raj Institutions.

• The state governments are under the constitutional obligation to adopt the new panchayati raj system in accordance with the provision of the act.


• Neither the formation of the panchayats nor the holding of elections at regular intervals depends on the will of the state government.

• The provisions of the act can be grouped into two categories – Compulsory and Voluntary.

• It transforms the representative democracy into the participatory democracy.

The Salient features of the act

1. The three tire system: the act provides for a Three – Tier System of the panchayati raj in the states, that is Panchayats at the village, the Intermediate and the District level.

2. The act defines all the terms in the following manner:

3. Panchayat means an institution (by whatever name called) of local self –government for rural areas.

4. Village means a village specified by the governor through a public notification to be a village for this purpose, and includes a group of villages so specified.

The Salient features of the act

5. Intermediate level between the village and district specified by the governor through a public notification for this purpose.

6. The act brings about uniformity in the structure of the panchayati raj throughout the country

7. A state having population not exceeding 20 lakh may not constitute panchayat at the intermediate level.

Impact Of 73 AA on the empowerment

of Women

• 30 lakh women contest election around 10 lakhs they get elected.

• Participation of women in gram sabha meetings have shown an increase specially in women headed panchayats. women members continuously demand drinking water, housing ,sanitation etc and expenditure on these heads tends to be higher in women headed panchayats.

• Women headed panchayats have soon greater interest in negotiate social evils i.e child marriage, liquor ban

• Trend of Panchayat pati's showing some declined

• Women are increasingly raising their voice in panchayats. It has also impacted gender elections positively.

Problems faced by Women

• A problem of dual responsibility.• Lack of security: Macro- angle of security- increasing criminality

of local body politics. Micro- clever strategies employed by male members to minimise effective participation.

• Lack of knowledge/ information and in some cases illiteracy. thus they depend on second hand information.

• Very limited exposure to the outside world. thus they are not in a position to be assertive.

• Lack of genuine motivation and in many cases spousal motivation.

• Problem of five year rotational policy. Women are rarely Nominated or elected from Unreserved seats.

• Restrictive qualifications such as education qualifications ,two child norm.

Javed case, 2003- Two child norm uphelded by apex court.

Gram Sabha

1. The act provides for a Gram Sabha as the foundation of the panchayati raj system.

2. It is a body consisting of persons registered in the electoral rolls of the village comprised within the area of the panchayat at the village level.

3. It is a village assembly consisting of all the registered voters in the area of a panchayat.

4. It shall exercise such powers and powers and perform such functions at the village level as the state level legislatures determines.

Gram Sabha

Duration of panchayats

1. The act provided for a five – year term of office to the panchayat at every level.

2. However, it can be dissolved before the completion of its term.

3. Fresh election to constitute a panchayat shall be completed:

1. The act provided for a five – year term of office to the panchayat at every level.

2. However, it can be dissolved before the completion of its term.

3. Fresh election to constitute a panchayat shall be completed:

Disqualification

1. A person shall be disqualified for being chosen as or for being a member of the panchayat if he is so disqualified:

Under any law for the time being in force for the purposes of elections to the legislature of the state concerned, or

Under any law made by the state legislature

2. No person shall be disqualified on the grounds that he is less than 25 years of age if he had attained the age of 21 years.

3. All questions of disqualifications shall be referred to state legislature.

Reservation of seats

1. The act provided for the reservation of seats for the scheduled castes and the schedules tribes in every panchayat (at all levels) in proportion of their population in the panchayat area.

2. The state legislature shall provide for the reservation of offices of the chairpersons in the panchayat at the village or any other level for the SCs and STs.

3. The act provides for the reservation of not less than one – third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and the STs).

Reservation of seats

4. Not less than one – third of the total number of offices of the chairpersons in the panchayats at each level shall be reserved for women.

5. The act authorizes the legislature of a state to make any provision for the reservation of seats in any panchayat of offices of the chairperson in the panchayat at any level in favour of the backward classes.

Election of the members and the

chairpersons 1. All members of the panchayats at the village, intermediate and the districtlevels 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

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.

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

State Election Commission

1. The superintendence, direction and control of the preparation of electoral rollsand the conduct of all elections to the panchayats shall be vested in the state election commission.

2. It consists of a State Election Commissioner who is to be appointed by the Governor.

3. His conditions of service shall not be varied to his disadvantage after his appointment.

Finances: The state legislature may

1. Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and fees;

2. Assign to a panchayat taxes, duties, tolls and fees levied and collected by the state;

3. Provide for constitution of funds for crediting all the financial requirements of the panchayats.

State Finance Commission

1. The governor of a state shall, after every five years, constitute a finance commission to review the financial position of the panchayats.

2. It shall make the following recommendations to the Governor.

3. The principles which should govern the distribution between the states and the panchayats of the net proceeds of taxes, duties, tolls and fees levied by the state.

4. The principles which should govern the determination of taxes, duties, tolls and fees which may be assigned to the panchayats.


5. The principles which should govern the grants – in – aid to the panchayatsfrom the consolidated fund of state.

6. The measures needed to improve the financial position of the panchayats.

7. Any other matter returned to the finance commission by the governor in the interest of sound finance of the panchayats.

8. The state legislature may provide for the composition of the commission, the required qualifications of its members and the manner of their selection.


9. The Governor shall place the recommendations of the commission along with the action taken report before the state legislature.

10. The Central Finance Commissioner shall also suggest the measures needed to augment the consolidated fund of state to supplement the resources of the panchayats in the states (on the basis of the recommendations made by the finance commissionof state).

Problems in the working of Panchayats

• Panchayati Raj in India faces problems at political, economic and social levels.

• These problems have stood in the way of efficient functioning of the panchayat raj institutions.

At political level and administration level

1. Though the constitution provides elections after every five years, some of the states have tasted election after decades and in some election yet to take place.

2. Groupism, caste, class etc play a dominant role in the election and working of the representatives.

3. Political interference from the state governments and the administrative agencies has become a common phenomenon.

At political level and administration level

4. There is absence of clear functional jurisdiction of panchayats

5. There is absence of administrative autonomy to the panchayats.

6. There is absence of in – built structural and organizational strength to force the administrators to follow the decision.

7. Use of manpower, money power and muscle power in elections to panchayati raj system.

At social level

1. Caste, class, religion and other sectarian interest are playing a dominant role in the working of panchayati raj institutions.

2. The policy of reservation for weaker section has not been much use due to ignorance and illiteracy of people and the representatives.

3. Anti – social and economically powerful people run the institution from backdoor.

At economic level

1. Paucity of funds and resources to the panchayati raj institutions.

2. There is absence of coherence between the responsibilities and resources.

3. Dependence upon the doles of the state government.

4. Lack of financial autonomy and power to impose taxes and charges.

5. Diversion of funds by the state governments which were embarked for development of panchayati raj institutions.

6. State government‘s apathy towards local needs and demands for development.

Development impact of PRIs

1. PRIs has helped in boosting agriculture production in TN, Gujarat, Andhra

2. PRIs has addressed the weaker sections more comprehensively

3. PRIs handling education is trying to do well

4. 73rd AA has done more political development than human development

5. Participation of women has gone very high

6. Women are instrumental in eliminating social evils

Some Problems of PRIs

1. Inadequate devolution of powers and funds to PRIs

2. Women faces problem of dual responsibility and there is lack of genuine motivation for women

3. Increasing criminality in local body politics

4. Weak financial base of PRIs. Taxes given to them are inelastic.

5. PRIs doesn't exercise their tax power well because of popular back lash

6. PRIs has very limited borrowing power and Grant in Aid are also very poor.

PROBLEMS RELATED TO SFCs

1. There is delay in setting up of SFC and rarely experts are appointed.

2. SFCs doesn't conduct adequate survey for finances

3. Global sharing formula has by and large not been applied

4. Poor coordination with UFC (Union Finance Commission )

Some suggestions

• ARC II RECOMMENDATIONS-

1. The word “MAY” in article 243(g) should be replaced with word “SHALL”. (Legislature of a State may, by law, endow the Panchayats with such powers )

2. Local MLA,MP should not be made the members of Local bodies

3. Establish Legislative councils to strength the voice of local bodies

4. SEC appointment should be made from the recommendation of committees

5. There should be a general law for devolution of finance by GOI

6. Capacity building of PRIs

7. SFC report must be submitted in the assembly within 6 months

8. Wind up all parallel program such as MP and MLA LDFs and MPLADS

9. Broaden and deep the revenue base

Urban Local Bodies

Municipalities

Compulsory Provisions

1. Organisation of Gram Sabha in a village or group of villages.

2. Establishment of panchayats at the village, intermediate and district levels.

3. Direct elections to all seats in panchayats at the village, intermediate and district levels.

4. Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.

5. 21 years to be the minimum age for contesting elections to panchayats.

6. Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all the three levels.

7. Reservation of one-third seats (both members and chairpersons) for women in panchayats at all the three levels.

8. Fixing tenure of five years for panchayats at all levels and holding fresh elections within six months.

9. Establishment of a State Election Commission for conducting elections to the panchayats.

10. Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.

Voluntary Provisions

1. Giving representation to members of the Parliament (both the Houses) and the state legislature (both the Houses) in the panchayats at different levels falling within their constituencies.

2. Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any level.

3. Granting powers and authority to the panchayats to enable them to function as institutions of self-government (in brief, making them autonomous bodies).

4. Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all of the 29 functions listed in the Eleventh Schedule of the Constitution.

5. Granting financial powers to the pachayats, that is, authorizing them to levy, collect and appropriate taxes, duties, tolls and fees.

Pesa Act of 1996 (Extension Act)

• The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas.

• However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify.

• Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act.

• At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Areas.

Objective

1. To extend the provisions of Part IX of the Constitution relating to the panchayats to the scheduled areas with certain modifications

2. To provide self-rule for the bulk of the tribal population

3. To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities

4. To evolve a suitable administrative framework consistent with traditional practices

5. To safeguard and to preserve the traditions and customs of tribal communities

6. To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements

7. To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha

Features

1. A state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources.

2. A village shall ordinarily consist of a habitation or a group of habitations or a hamlet (छोटा गाांव) or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs.

3. Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level.

4. Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution.

5. Every Gram Sabha shall—

(i) approve of the plans, programmes and projects for social and economic development before they are taken up for implementation by the Panchayat at the village level; and

(ii) be responsible for the identification of beneficiaries under the poverty alleviation and other programmes.

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6. Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds for the above plans, programmes and projects.

7. The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities for whom reservation is sought to be given under Part IX of the Constitution. However, the reservation for the Scheduled Tribes shall not be less than one half of the total number of seats. Further, all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.

8. The state government may nominate such Scheduled Tribes which have no representation in the Panchayat at the intermediate level or the Panchayat at the district level. But such nomination shall not exceed one-tenth of the total members to be elected in that Panchayat.

9. The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas. However, the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the state level.

10. Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level.

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11. The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas.

12. The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of concession for the exploitation of minor minerals by auction.

13. While endowing Panchayats in the Scheduled Areas with such powers and authority as may be necessary to enable them to function as institutions of self-government, a State Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with:

(i) the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant

(ii) the ownership of minor forest produce

(iii) the power to prevent alienation (हस्ाां्रण) of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe

(iv) the power to manage village markets

(v) the power to exercise control over money lending to the Scheduled Tribes

(vi) the power to exercise control over institutions and functionaries in all social sectors

(vii) the power to control local plans and resources for such plans including tribal sub-plans

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14. The State Legislations shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha.

15. Any provision of any law (relating to Panchayats in the Scheduled Areas) which is inconsistent with the provisions of this Act shall cease to be in force at the expiry of one year from the date on which this Act receives the assent of the President. However, all the Panchayats existing immediately before such date shall continue till the expiry of their term, unless dissolved by the State Legislature sooner.

Municipalities

Municipalities

• Post Independence very scant attention was paid to municipal government and development was synonymous with rural development. By 2021, 41% of the population will live in urban areas Presently urban areas contribute 65% of GDP.

• The 1st “NATIONAL COMMISSION ON URBANISATION” set up in 1985 headed by charles correa recommended several aspects which was later incorporated in part IX (A). Municipalities are not organized in a hierarchy.

• The term ‘Urban Local Government’ in India signifies the governance of an urban area by the people through their elected representatives. The jurisdiction of an urban local government is limited to a specific urban area which is demarcated for this purpose by the state government.

Municipalities

• There are eight types of urban local governments in India—municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust and special purpose agency.

• The system of urban government was constitutionalised through the 74th Constitutional Amendment Act of 1992. At the Central level, the subject of ‘urban local government’ is dealt with by the following three ministries:

(i) Ministry of Urban Development, created as a separate ministry in 1985

(ii) Ministry of Defence in the case of cantonment boards(iii) Ministry of Home Affairs in the case of Union Territories

Municipalities

Historical Background

(i) In 1687-88, the first municipal corporation in India was set up at Madras.(ii) In 1726, the municipal corporations were set up in Bombay and Calcutta.(iii) Lord Mayo’s Resolution of 1870 on financial decentralisation visualised the development oflocal self-government institutions.(iv) Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local self government. He is called as the father of local-self government in India.(v) The Royal Commission on decentralisation was appointed in 1907 and it submitted its report in 1909. Its chairman was Hobhouse.(vi) Under the dyarchical scheme introduced in Provinces by the Government of India Act of 1919, local self-government became a transferred subject under the charge of a responsible Indian minister.(vii) In 1924, the Cantonments Act was passed by the Central legislature.(viii)Under the provincial autonomy scheme introduced by the Government of India Act of 1935, local self-government was declared a provincial subject.

Historical Background

• In August 1989, the Rajiv Gandhi government introduced the 65th Constitutional Amendment Bill (i.e., Nagarpalika Bill) in the Lok Sabha.

• The bill aimed at strengthening and revamping the municipal bodies by conferring a constitutional status on them.

• Although the bill was passed in the Lok Sabha, it was defeated in the Rajya Sabha in October 1989 and hence, lapsed.

• The National Front Government under V P Singh introduced the revised NagarpalikaBill in the Lok Sabha again in September 1990.

• However, the bill was not passed and finally lapsed due to the dissolution of the LokSabha. P V Narasimha Rao’s Government also introduced the modified Municipalities Bill in the Lok Sabha in September 1991.

• It finally emerged as the 74th Constitutional Amendment Act of 1992 and came into force on 1 June 19932.

74th Amendment Act of 1992

• This Act has added a new Part IX-A to the Constitution of India. It is entitled ‘The Municipalities’ and consists of provisions from Articles 243-P to 243-ZG.

• In addition, the act has also added a new Twelfth Schedule to the Constitution. This schedule contains eighteen functional items of municipalities. It deals with Article 243-W.

• The act gave constitutional status to the municipalities. It has brought them under the purview of justiciable part of the Constitution.

• In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act.

• The act aims at revitalising and strengthening the urban governments so that they function effectively as units of local government.

Features

Three Types of Municipalities.1. A nagar panchayat (by whatever name called) for a transitional area, that is, an area intransition from a rural area to an urban area.2. A municipal council for a smaller urban area.3. A municipal corporation for a larger urban area. Composition All the members of a municipality shall be elected directly by the people of the municipal

area. For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards. The state legislature may provide the manner of election of the chairperson of a municipality. It may also provide for the representation of the following persons in a municipality.

1. Persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality.2. The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly the municipal area.3. The members of the Rajya Sabha and the state legislative council registered as electors within the municipal area.4. The chairpersons of committees (other than wards committees).

Features

Wards Committees There shall be constituted a wards committee, consisting of one or more wards, within the territorial area of a municipality having population of three lakh or more.

Reservation of Seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population. Reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for woman belonging to the SCs and the STs). The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women. It may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes.

Features

Duration of Municipalities The act provides for a five-year term of office for every municipality. However, it can be dissolved before the completion of its term. Further, the fresh elections to constitute a municipality shall be completed (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.

Disqualifications A person shall be disqualified for being chosen as or for being a member of a municipality if he is so disqualified

(a) Under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or

(b) Under any law made by the state legislature. However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. Further, all questions of disqualifications shall be referred to such authority as the state legislature determines.

Features

State Election Commission The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission. The state legislature may make provision with respect to all matters relating to elections to the municipalities.

Powers and Functions The state legislature may endow the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government. Such a scheme may contain provisions for the devolution of powers and responsibilities upon municipalities at the appropriate level with respect to (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the eighteen matters listed in the Twelfth Schedule.

Finances

Finances The state legislature may (a)Authorize a municipality to levy, collect and

appropriate taxes, duties, tolls and fees; (b) Assign to a municipality taxes, duties, tolls and fees levied and collected by state government; (c) Provide for making grants-in-aid to the municipalities from the consolidated fund of the state; and (d) Provide for constitution of funds for crediting all moneys of the municipalities.

Finance Commission

The finance commission (which is constituted for the panchayats) shall also, for every five years, review the financial position of municipalities and make recommendation to the governor as to:1. The principles that should govern:(a) The distribution between the state and the municipalities, the net proceeds of the taxes, duties, tolls and fees levied by the state.(b) The determination of the taxes, duties, tolls and fees that may be assigned to themunicipalities.(c) The grants-in-aid to the municipalities from the consolidated fund of the state.2. The measures needed to improve the financial position of the municipalities.3. Any other matter referred to it by the governor in the interests of sound finance ofmunicipalities. The governor shall place the recommendations of the commission along with the action taken report before the state legislature. The central finance commission shall also suggest the measures needed to augment the consolidated fund of a state to supplement the resources of the municipalities in the state (on the basis of the recommendations made by the finance commission of the state).

Finance Commission

Audit of Accounts: The state legislature may make provisions with respect to the maintenance of accounts by municipalities and the auditing of such accounts.

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 modifications as he may specify.

Exempted Areas The act does not apply to the scheduled areas and tribal areas in the states. It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of the West Bengal.

District Planning Committee

Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole. The state legislature may make provisions with respect to the following:

1. The composition of such committees;2. The manner of election of members of such committees;3. The functions of such committees in relation to district planning; and4. The manner of the election of the chairpersons of such committees. The act lays down that four-fifths of the members of a district planning committee should be

elected by the elected members of the district panchayat and municipalities in the district from amongst themselves.

The representation of these members in the committee should be in proportion to the ratio between the rural and urban populations in the district. The chairperson of such committee shall forward the development plan to the state government.

Metropolitan Planning Committee

Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan. The state legislature may make provisions with respect to the following:

1. The composition of such committees;2. The manner of election of members of such committees;3. The representation in such committees of the Central government, state government and other organizations;4. The functions of such committees in relation to planning and coordination for the metropolitan area; and5. The manner of election of chairpersons of such committees. The act lays down that two-thirds of the members of a metropolitan planning committee should

be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves.

The representation of these members in the committee should be in proportion to the ratio between the population of the municipalities and the panchayats in that metropolitan area.

The chairpersons of such committees shall forward the development plan to the state government.

More to Know

Continuance of Existing Laws and Municipalities: All the state laws relating to municipalities shall continue to be in force until the expiry of one year from the commencement of this act. In other words, the states have to adopt the new system of municipalities based on this act within the maximum period of one year from 1 June, 1993, which is the date of commencement of this act. However, all municipalities existing immediately before the commencement of this act shall continue till the expiry of their term, unless dissolved by the state legislature sooner.

Bar to Interference by Courts in Electoral Matters: The act bars the interference by courts in the electoral matters of municipalities. It declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court. It further lays down that no election to any municipality is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.

Twelfth Schedule: 18 functional items

1. Urban planning including town planning;2. Regulation of land use and construction of buildings;3. Planning for economic and social development;4. Roads and bridges;5. Water supply for domestic, industrial and commercial purposes;6. Public health, sanitation, conservancy and solid waste management;7. Fire services;8. Urban forestry, protection of the environment and promotion of ecological aspects;9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded;10. Slum improvement and upgradation;

Twelfth Schedule: 18 functional items

11. Urban poverty alleviation;12. Provision of urban amenities and facilities such as parks, gardens, playgrounds;13. Promotion of cultural, educational and aesthetic aspects;14. Burials and burial grounds, cremations and cremation grounds and electric crematoriums;15. Cattle ponds, prevention of cruelty to animals;16. Vital statistics including registration of births and deaths;17. Public amenities including street lighting, parking lots, bus stops and public conveniences.18. Regulation of slaughter houses and tanneries.

Types of Urban Governments

● Municipal Corporation● Municipality● Notified Area Committee● Town Area Committee● Cantonment Board● Township● Port Trust● Special Purpose Agency

1. Municipal Corporation

• To administration of big cities like Delhi, Mumbai, Kolkata, Hyderabad, Bangalore and others. • They are established in the states by the acts of the concerned state legislatures, and in the union

territories by the acts of the Parliament of India. A municipal corporation has three authorities, namely, the council, the standing committees and the

commissioner.1. The Council is the deliberative and legislative wing of the corporation. It consists of the Councillors

directly elected by the people, as well as a few nominated persons having knowledge or experience of municipal administration. Reservation as per 74th Constitutional Amendment Act. The Council is headed by a Mayor. He is assisted by a Deputy Mayor. He is elected in a majority of the states for a one-year renewable term. He is basically an ornamental figure and a formal head of the corporation. His main function is to preside over the meetings of the Council.

2. The standing committees are created to facilitate the working of the council, which is too large in size. They deal with public works, education, health, taxation, finance and so on. They take decisions in their fields.

3. The municipal commissioner is responsible for the implementation of the decisions taken by the council and its standing committees. Thus, he is the chief executive authority of the corporation. He is appointed by the state government and is generally a member of the IAS.

2. Municipality

To administration of towns and smaller cities. Like the corporations, they are also set up in the states by the acts of the concerned state legislatures and in the union territory by the acts of the Parliament of India. They are also known by various other names like municipal council, municipal committee, municipal board, borough municipality, city municipality and others. Like a municipal corporation, a municipality also has three authorities, namely, the

council, the standing committees and the chief executive officer.1. The council is headed by a president/chairman. He is assisted by a vice-president/vice-

chairman. Unlike the Mayor of a municipal corporation, he plays a significant role and is the pivot of the municipal administration. Apart from presiding over the meetings of the Council, he enjoys executive powers.

2. The standing committees are created to facilitate the working of the council. 3. The chief executive officer/chief municipal officer is responsible for day-to-day general

administration of the municipality. He is appointed by the state government.

3. Notified Area Committee

• A notified area committee is created for the administration of two types of areas —a fast developing town due to industrialization, and a town which does not yet fulfil all the conditions necessary for the constitution of a municipality, but which otherwise is considered important by the state government.

• Since it is established by a notification in the government gazette, it is called as notified area committee.

• Though it functions within the framework of the State Municipal Act, only those provisions of the act apply to it which are notified in the government gazette by which it is created.

• It may also be entrusted to exercise powers under any other act. Its powers are almost equivalent to those of a municipality.

• But unlike the municipality, it is an entirely nominated body, that is, all the members of a notified area committee including the chairman are nominated by the state government. Thus, it is neither an elected body nor a statutory body.

4. Town Area Committee

• A town area committee is set up for the administration of a small town. It is a semi-municipal authority and is entrusted with a limited number of civic functions like drainage, roads, street lighting, and conservancy.

• It is created by a separate act of a state legislature. Its composition, functions and other matters are governed by the act.

• It may be wholly elected or wholly nominated by the state government or partly elected and partly nominated.

5. Cantonment Board

• A cantonment board is established for municipal administration for civilian population in the cantonment area.

• It is set up under the provisions of the Cantonments Act of 2006— a legislation enacted by the Central government. It works under the administrative control of the defence ministry of the Central government.

• Thus, unlike the above four types of urban local bodies, which are created and administered by the state government, a cantonment board is created as well as administered by the Central government.

• A cantonment board consists of partly elected and partly nominated members. The elected members hold office for a term of five years while the nominated members (i.e., ex-officio members) continue so long as they hold the office in that station.

• The military officer commanding the station is the ex officio president of the board and presides over its meetings.

• The vice-president of the board is elected by the elected members from amongst themselves for a term of five years.

• The executive officer of the cantonment board is appointed by the president of India.

6. Township

• This type of urban government is established by the large public enterprises to provide civic amenities to its staff and workers who live in the housing colonies built near the plant.

• The enterprise appoints a town administrator to look after the administration of the township.

• He is assisted by some engineers and other technical and non-technical staff.

• Thus, the township form of urban government has no elected members. In fact, it is an extension of the bureaucratic structure of the enterprises.

7. Port Trust

The port trusts are established in the port areas like Mumbai, Kolkata, Chennai and so on for two purposes:

(a) To manage and protect the ports; and (b) To provide civic amenities. A port trust is created by an Act of Parliament. It

consists of both elected and nominated members. Its chairman is an official. Its civic functions are more

or less similar to those of a municipality.

8. Special Purpose Agency

• These are function-based and not area-based. They are known as

‘single purpose’, ‘unipurpose’ or ‘special purpose’ agencies or ‘functional local bodies’. Some such bodies are:

1. Town improvement trusts.2. Urban development authorities.3. Water supply and sewerage boards.4. Housing boards.5. Pollution control boards.6. Electricity supply boards.7. City transport boards.• These functional local bodies are established as statutory bodies by an act of state legislature or as

departments by an executive resolution. • They function as autonomous bodies and deal with the functions allotted to them independently

of the local urban governments, that is, municipal corporations or municipalities and so forth. Thus, they are not subordinate agencies of the local municipal bodies.

Some problems of ULBs

1. Delay in setting of planning bodies

2. Planning decentralization is meaning less without fiscal decentralisation

3. Ideally block should be the principle unit for planning

4. 74th AA is carbon copy of 73rd AA

5. There is rising level of unplanned urbanization with overcrowding of cities and increasing slums and poverty

6. Massive corruption in bodies

7. Excessive government control and poor delegation of funds, functions and funtionaries

8. Lack of quality leadership at local level

Some suggestion

1. ULGs should be 4 tier

2. Concept of Delhi’s Mohallah sabha is very good

3. Adopt Calcutta patter of mayor ship

4. Mayor should be elected directly

5. Encourage municipal bonds, bus services

panchayati raj · panchayati raj • the term panchayat raj in india signifies the system of rural...

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