Panchayats

Part IX – Art 243 to 243O

Constitutional Provisions

• DPSP Art 40: Organisation of village
  panchayats – The State shall take steps to
  organize village panchayats and endow them
  with such powers and authority as may be
  necessary to enable them to function as
  units of self government.
• Schedule VII: State List – Entry 5

Evolution of Panchayati Raj

• Community Development Programme
• Balwant Rai Mehta Committee (1957)
• Ashok Mehta Committee (1977-1978)
• G V K Rao Committee (1985)
• Gadgil Committee (1988)

73rd Amendment Act’92

• 3-tier system with 4 institutions was set up.
• Art 243 to 243O (added a new XIth Schedule which
  contains 29 functional items)

Mandatory Provisions

• Provides for a three-tier system of Panchayati raj in every state.
• All the members of panchayats at the village, intermediate and district levels shall be elected directly by the people.
• Reservation of seats for SC & ST in every panchayat & reservation of not less than onethird of the total number of seats for women.
• 5-year term of office to the panchayat at every level (min. age to contest – 21 years)
• State Election Commissioner to be appointed by the Governor & removal like HC judge.
• Governor shall constitute a Finance Commission after every 5 years to review the financial position of the Panchayats.

Reservation

SC/ST

• Members: In proportion to
  the population of the
  SC/ST in that Panchayat
  area
• Chairperson: In proportion
  to the population of the
  SC/ST in the State

Women

• Chairpersons & Members:
  At least 1/3rd seats – On
  rotational basis

Elections

• Duration – 5 years from date appointed for
  1st meeting
• Elections must be held within 6 months
  from date of dissolution of panchayat.
• A Panchayat reconstituted after premature
  dissolution continues only for the
  remainder period/tenure

Mandatory Provisions
(Flexibility in Implementation)
Art 243G
Art 243H

243G – Powers, authority and responsibilities of Panchayats

Subject to the provisions of this Constitution, the Legislature of a
State may, by law, endow the Panchayats with such powers and
authority as may be necessary to enable them to function as
institutions of self-government and such law may contain provisions
for the devolution of powers and responsibilities upon Panchayats at
the appropriate level, subject to such conditions as may be specified
therein, 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 matters listed in the Eleventh Schedule.

Some subjects in Schedule XI

• Agriculture, including agricultural extension.
• Land improvement, implementation of land reforms, land
  consolidation and soil conservation.
• Animal husbandry, dairying and poultry.
• Small scale industries, including food processing industries.
• Rural housing.
• Drinking water.
• Education, including primary and secondary schools.
• Women and child development.
• Welfare of the weaker sections, and in particular, of the
  Scheduled Castes and the Scheduled Tribes.

243H – Powers to impose taxes by, and Funds of, the Panchayats

The Legislature of a State may, by law
(a) authorise a Panchayat to levy, collect and appropriate such taxes,
duties, tolls and fees in accordance with such procedure and subject to
such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and
collected by the State Government for such purposes and subject to
such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the
Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received,
respectively, by or on behalf of the Panchayats and also for the
withdrawal of such moneys therefrom, as may be specified in the law.

Optional Provisions

• Giving representation to MPs, MLAs, MLCs
• Providing reservation of seats (both members and
  chairpersons) for backward classes in panchayats
  at any level.
• 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 in XIth Schedule.
• Granting financial powers to the panchayats, that
  is, authorizing them to levy, collect and
  appropriate taxes, duties, tolls and fees.

Part IX not to apply to certain areas

• Schedule V & VI Areas;
• States of Nagaland, Meghalaya and Mizoram;
• Manipur (Areas with District Councils);
• Hill areas of Darjeeling Dist. in WB (ZP level)

Fundamental problems of PRIs

• Very poor devolution of 3 Fs
• Absence of adequate political & bureaucratic
  will and vision.
• Narrow context of improving Service Delivery.
• Persistent efforts to postponement of elections.
• Organisational structure of panchayats is
  inadequate.
• Corruption in PRIs.
• 5-year rotational policy.
• Problem of proxy candidates.
• Continuance of parallel agencies &
  parallel programs
• Restrictive qualifications imposed
  by several States.
• Creamy layer has benefited more.
• Violent backlash against assertive Dalits.
• Increasing criminality and rampant use of
  money and muscle power local elections.
• Social environment in rural India is not
  conducive for grass root democracy.
• Domination of senior political leaders in
  local bodies

Challenges w.r.t. Women

• Problem of dual responsibility.
• Security concerns
• Limited exposure
• Lack of motivation and support
• Restrictive qualifications

Steps Taken So Far

• Rashtriya Gram Swaraj Abhiyan to train
  the Elected representatives of Panchayats.
• Localisation of Sustainable Development
  Goals into 9 themes for preparation of
  targeted developmental plans.
• National Panchayat Awards at all levels of
  Panchayats based on performance in
  localised SDGs
• E-Governance initiatives:
• e-Gram: link between the Panchayat and the citizen
• e-GramSwaraj: digitisation in Panchayats
• eGSPI: To make vendor-payments online

2nd ARC Recommendations

• The word ‘may’ in Art 243G & 243W should
  be replaced with the word ‘shall’.
• MPs/MLAs/MLCs should not become
  members of local bodies.
• Creation of LCs in all states with members
  elected by local bodies.
• Appointment of SECs should be done by a
  Committee (CM, Speaker, LOP(LA))
• SECs should be made in charge of
  delimitation and reservation of
  constituencies
• GoI should draft a framework for laying
  down the broad principles of devolution of
  powers, responsibilities and functions.
• Enhancing capacity building of PRI
  functionaries
• Each State should prescribe the qualifications
  of persons eligible to be appointed as Members
  of SFC.
• SFC report and ATRs must be submitted within
  6 months
• Create Audit committees in each district.
• Create a separate Legislative Standing
  Committee for local bodies
• Create an Ombudsman for a group of districts to
  look into complaints of corruption and
  maladministration against local body functionaries
• Abolish parallel programmes and bodies.
• Comprehensive utilisation of ICT in data
  management and delivery of services.
• PRIs should be given a substantial share in the
  royalty from minerals collected by the State
  Government

Punchhi Commission Recommendations

• Replace 3-tier structure with a 2-tier structure
• Rotation of seats after 2 terms
• Setting up a Commission every 5 years to monitor
  the devolution (3Fs) process
• Art 82 should be amended to cover local bodies.

Aim of MoPR at Amrit Kaal

• Vibrant Gram Sabha to realise the dreams of
  ‘Gram Swaraj’
• Adequate devolution of Funds, Functions and
  Functionaries (3Fs) to the Panchayats to attain
  localization of Sustainable Development Goals.
• Provision of Panchayat-Secretariat/Gram Sachivalaya to all Panchayats.
• Ensuring Financial Instruments to the Panchayats
  like market borrowing.
• Strengthening of Statutory Standing Committees
  of Gram Panchayats to achieve SGDs.
• Bridging the Rural-Urban divide to ensure ease of
  living and Quality of life.
• Master Spatial Plans for Gram Panchayats clearly
  demarcating areas for agriculture, residence,
  markets, parks, water bodies, industries, institutional
  areas etc.
• Adequate Own Sources of Revenue (OSR) for the GPs
  to make them self-reliant.
• Effective Disaster Management Plan for Gram
  Panchayats.
• Energy empowerment of villages through Gram Urja
  Swaraj.