Constitutional Amendments to Strengthen Panchayat Government

(Constitution Part IX, Schedule VII and State Level Panchayat Acts

22, 23 November 2017

The National Campaign to Strengthen Panchayat Government in India
The foundations of grassroots democracy
Panchayat is the First Government. Its power is based on peoples power and the urge for participatory
democracy. The gram sabha is the central institution for the promotion of inclusive and participatory
democracy, providing opportunities for the exploited and marginalised communities to raise their voices
against continued inequalities, denial of freedoms, discrimination and social injustice.
However, real decentralised governance, grassroots democracy and power to the people can be achieved
only when there is inclusion and equity: when women, Dalits and other disadvantaged sections can
participate actively in the panchayat institutions on an informed basis, exercise their rights and are free to
perform their duties in an environment of dignity and security.
Despite good intensions, there are certain critical gaps in the constitutional architecture and legal
ecosystem that prevent the fulfilment of the promise of grassroots democracy. They are presently more
nominal than functional, and are sometimes even subservient to the bureaucracy.
Hence constitutional amendments and fine-tuning the institutional mechanisms are necessary for the
devolution of critical powers to the gram sabhas so that they can become the foundation of grassroots
democracy and local governance. They should be empowered to function as independent decision making
bodies, sovereign in their sphere as articulated in our freedom struggle as gram swaraj and as envisaged
in the 73rd and 74th constitutional amendments for rural areas and urban areas respectively.
The Constitutional architecture
The historic 73rd and 74th constitutional amendments mandated conducting elections to Panchayat Raj
Institutions (PRIs) in all the states in the country. With this an important phase in institutional reform of
Indian polity began. But the 73rd Amendment stops short of ensuring the devolution of powers to
panchayat government due to Article 243A, Article 243G and Article 243H, being dependent on state
governments to devolve powers, finances and responsibilities to the panchayats. Devolution of 29 powers
outlined in the 73rd Amendment has not been made mandatory by way of amendment to the respective
State Panchayat Acts.
The Constitution of India (CoI) has List-I, II & III that explicitly state the functions of the states, the union
government and which can be done by both (the concurrent list). However there is no such list that defines
the responsibilities of the panchayat government. So various state governments opt to devolve powers to
the extent they think fit, since it is not mandatory.
Gaps in the architecture
To strengthen local government, specifically PRIs, there needs to be amendments to Part IX of the CoI,
specifically Article 243 A (Gram Sabha), 243G (Powers, authority and responsibilities of Panchayats) and
243H (Powers to impose taxes by, and Funds of, the Panchayats). Article 246 (matter of law made by
Parliament and by the Legislatures of States) should be amended to include List IV (Local Government)
for detailing powers vested with PRIs for different tiers to ensure clarity in separation of powers,.

Campaign to Strengthen Panchayat Government in India

State consultations; brief; page [1]
The campaign: Need and journey so far
The national campaign was initiated to promote decentralization by further constitutional amendments to
make it mandatory for state governments to devolve all 29 powers, finances and responsibilities to
Panchayat Government. There needs to be public opinion to put this on the national agenda and to ensure
that the constitutional amendments are done, so that the requisite constitutional architecture is in place for
effective local governance and functioning institutions of grassroots democracy. The focus of the
campaign is to bring about these constitutional amendments.
The campaign started in 2014 and has had four consultations. Two national consultations have been held
so far, one in New Delhi and another in Bangalore. Two state level consultations have been held in Kerala
and Tamil Nadu. Over 200 civil society organizations (CSOs) and individuals have participated in these
consultations and have become a part of the campaign.
Consultation objectives
These consultations are to
Discuss strategies to take forward the campaign for Constitutional Amendments and Amendments to
the State Level Panchayat Acts to ensure devolution of all 29 powers to the gram panchayat and
strengthening district panchayat.
Share experiences (especially best practice and strategies) of working with the government and PRIs
to strengthen grassroots democracy and local governance institutions (including village commons).
Strengthen the elected PRI representatives, especially those who won based on reservations for
Schedule Castes, Schedule Tribes and women by discussing (a) problems faced by them (especially
caste and gender based discrimination and those caused by non-devolution of financial and
administrative responsibilities) (b) necessary amendments in the State Panchayat Act and Rules to
eradicate all forms of caste, class and gender discrimination.
Recommend necessary amendments to the Governments of State Level for devolution of 29 powers to
the state PRIs to strengthen grassroots democracy and local governance.
Expected outcomes
Strengthen the campaign by increase in membership and larger awareness.
Sharper strategies for the campaign.
Updated critique on the present Panchayat Act.
Suggestions for drafting amendment to Part IX of the Constitution specifically Articles 243A, 243G,
243H, and 246.
Recommendations to the Governments of State Level for strengthening PRIs, grassroots democracy
and local governance.
Participants
About 70 participants (40 residential) are expected in each consultation. A substantial number will be
elected representatives from the socially excluded or marginalized sections. Over half are expected to be
women. Others will be from CSOs, human rights defenders, and opinion leaders. Organisations, networks,
institutions and individuals working on social justice, womens empowerment and governance are
involved right from initiation.
Budget
The total estimated expenses for a consultation (National Level) is INR9,30,300/-. Of this, HRF has raised
INR 1,00,000/-. We look forward to contributions to cover the remaining expense.

HUMAN RIGHTS ADVOCACY AND RESEARCH FOUNDATION

No.10/60, Balaji Nagar, First Main Road, Ekkattuthangal, Chennai 600 032.
Tamil Nadu, INDIA. Ph: 044-2225 1304, 86680 91453, email:localgovernment@hrf.net.in