State Control Over Panchayati Raj Institutions

Indian Political Science Association
STATE CONTROL OVER PANCHAYATI RAJ INSTITUTIONS

Author(s): Mohindra Singh, Mohinder Singh and Vijay Kumar
Source: The Indian Journal of Political Science, Vol. 66, No. 2 (Apr.-June, 2005), pp. 221-
232
Published by: Indian Political Science Association
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The Indian Journal of Political Science
Vol. LXVI, No. 2, Apr. - June, 2005
STATE CONTROL OVER PANCHAYATI RAJ
INSTITUTIONS
Mohindra Singh
Vijay Kumar
The present poper has been devoted to discuss the need of

control over PRIs, main types of control, techniques of control
and weakness in exercising control. To make decentralized
governance more effective, responsive and accountable,
appropriate suggestions relating to controlling the working of
PRIs have also been given. State government has four types of
control over PRIs. These are: institutional control;
administrative control; technical control ; and financial control.
Apart from these controls, there is another control called
judicial control. The techniques as are used to control PRIs
include power to cancel resolution, access to record,
inspections, grants-in-aid, reports and enquiries, hearing of
appeals, supervision and removal, dissolutions, appointing
administrators, auditing of accounts, amending statute, prior
approval and issuing of direction. No doubt, state control is
must but it should not make PRIs dancing dolls.
State Control Over Panchayati Raj Institutions

73rd Amendment Act has provided enhanced powers to the rural
local bodies but it does not mean that they have unlimited authority and
freedom. Some measures of control over Panchayati Raj Institutions (PRIs)
are not only desirable but also necessary. Therefore, PRIs are kept under
the control of State government. State control over these institutions is
necessary because in rural areas the authority is vested in local people.
Most of them are generally illiterate and incompetent to make use of
authority. So there are always possibilities of committing mistakes while
exercising the authority. In such a situation, state control is considered
necessary. State control is needed for proper direction, unification and
coordination of the civic services and for securing consistency and
continuity both in the formulation and implementation of the national
policies.1
The present paper has been devoted to discuss the need of control
over PRIs, main types of control, techniques of control and weakness in
exercising control over PRIs. To make decentralized governance more
The Indian Journal of Political Science .222
effective, responsive and accountable, appropriate su

controlling the working of PRIs have also been giv
In our country, there is mass illiteracy, il

inexperienced non-official leaders, officials traine
traditions, acrimony instead of harmony between off
Control is recommended to influence the operation of
so that they may establish sound traditions and conv
over PRIs is exercised by State governments and their
are a number of provisions in the State Panchayati

there is a Panchayati Raj and Development Departm
PRIs. At district level the functions relating to cont
the District Development and Panchayati Officer. H
under the technical control and guidance of his dep
and the respective Deputy Commissioner. At the Bl
work under the supervision and control of the Bl
Panchayat Officer (BDPO) and the Social Educat
Officer.
Types of Control
There are four types of control over PRIs. These are: institutional
control; administrative control; technical control; and financial control.3
Institutional Control
The term institutional control is used to connote and cover all those
statutory provisions which empower some specific agency, usually the

government or the Collector to regulate the formation area and jurisdiction,
membership structure and composition, election, size of councils,

functional jurisdiction, staff, inter-institutional dispute and so on.4 In fact,
this control is the corner stone of the pattern of control over PRIs which
relates to the basic structure of PRIs. Institutional control tends to ensure
that these statutory bodies in their operation do not violate the spirit and
letter of law that has created the Panchayati Raj bodies.5 In brief, we can
say that the main purpose of this control is to enable the government to
State Control Over Panchayati Raj 223
exercise control over the administrative, technical and f

of the working of Panchayati Raj Institutions.6
Administrative Control
The term administrative control refers to those powers and measures
which enable the controlling agency to check and regulate the day to day
policies and administration of PRIs.7 Each state has an administrative
department from State level to block level to exercise administrative control
over PRIs. This control includes both control over policy and
administration. The main objective of administrative control is to prevent
implementation of certain policies and decisions if they are not according

to the basic goals and purposes of the institution concerned.8 This type of
control is primarily directed against the non-official members of PRIs.
The major media of administrative control includes supersession and -
dissolution of PRIs, power to cancel and suspend resolutions, removal of
members of PRIs, inspections and tours, approval of bye-laws, instituting
enquiries, enforcement of no-confidence motions, etc.
Technical Control
Technical control deals with the regulation and supervision of

various plans, programmes and projects formulated and implemented by
PRIs within their statutory functional jurisdiction.9 The extent of control
and media of control over PRIs differ from State to State according to the
status and level of technical functionaries. But the media of technical
control over PRIs includes providing technical approval of schemes and

projects, inspection, tours and personal visit by the technical functionaries,
attendance in meetings of PRIs, reports and statements, periodical staff

meetings etc.10
Financial Control
Financial control is the most effective method of control over PRIs.
This control is exercised to keep the expenditure by PRIs within the

prescribed financial limits and check misuse of finances/ funds. Financial
control over PRIs includes regulation of finances, budgets accounts and
The Indian Journal of Political Science 224
audit of the PRIs. Audit of accounts of PR I s is

appointed by State governments. Sanctioning of bud
instrument of control. Heavy dependence of PR

automatically makes them agree to accept state co
This heavy dependence of PRIs on state assista
financial control by the government.1 1
Apart from these controls, there is another c

control. The state government can keep control ov
But the courts came forward only when the action
on the legal grounds by someone.
Techniques of Control
The techniques as are used to control PRIs incl
resolutions, access to record, inspections, grants
enquiries, ensuring compliance of instructions, hear
dissolutions, appointing administrators, auditing

statute, prior approval and issuing of directions.
Power to cancel or suspend Resolution

If the resolutions are not legally passed, the St
cancel or suspend such resolutions passed by the
District Development and Panchayat Officer or
(Civil) as the case may be, by written order may s
any resolution or order of the Gram Panchayat o
any act which is about to be done or is being done
of Haryana Panchayati Raj Act.12
Access to Record of Panchayati Raj Ins

Although the PRIs have been granted the pow
own affairs and properties, but they are subjected to a
controls designed to keep a constant watch on th

records and documents. For example, in Haryana
at all reasonable times permit any officer or other p
or Chief Executive Officer, as the case may be, may au

behalf to have access to all its books, proceedings and rec
any immovable property occupied by, or any work in pro

orders of or any institution controlled by it.13
Powers of Inspection and Supervision

The various officials of State governments work as su
the PRIs. If any PRI is not working properly, it is the duty
to bring the institution on the right track. The office

government for inspection of PRIs may inspect works
schemes being implemented by the PRIs. The scope of s
covers technical aspects including feasibility, economic
technical quality of the work and the expenditure bein
notes of inspections are forwarded to the Chief Execut
appropriate action against the erring institui tion.
Grants in- Aid
As we know that PRIs have lack of funds because of meagre

resource at their disposal. They largely depend on the grants-in-aid by
State governments. So grants-in-aid are instrument of State governments
to control the PRIs. The State governments can check that the grants are
economically and efficiently utilized. If the grants are not properly utilized,
the government can stop them to teach lessons to concerned bodies.
Reports and Enquiries

State governments demand periodical reports from the PRIs
regarding their functioning. These reports work as a tool in the hands of
the State governments to get themselves acquainted with the latest status
of affairs of PRIs. Monthly, quarterly, half yearly and annual reports on
different programmes and schemes are required from and submitted by
the PRIs. The State governments on receipt of complaints of serious nature
can make enquiries. On the basis of the reports, if any fault is found in any
institution, the government can take necessary action against such

institution.
Default of Duties
If a PRI fails to perform a particular function within a fixed time,
the State governments can issue directions to complete the work as soon
as possible. If the institution still fails to perform that function, the state
government can get the work done on its own but the expenditure will be
borne by the concerned PRIs.
Appellate Powers
If any PRI does not follow mies and regulations, appeal can be
made to the State government. On such appeal the decision of State
government is considered final. Such decisions of State government are
also beyond the jurisdiction of courts.
Removal
State government can suspend or remove such representatives of

PRIs who are in the habit of violating the rules and regulations of
Panchayati
Raj System. Such representatives of PRIs can not take part in any
act or proceeding of institution during the period of his suspension and he
shall hand over the records, money or other property of the institution if
any in his possession.
In Haryana, a Sarpanch can be removed if he fails to initiate action
against encroach of Panchayati land.14
Dissolution of PRIs
If in the opinion of government any PRI abuses its powers or is not
competent to perform or makes persistent defaults in the performance of
its duty or willfully disregards any instruction issued by the competent

authority, government can dissolve such institution. There are several
examples of such dissolutions.
Appointment of Administrators
Government can appoint administrator if any Panchayat fails to
perform its duties. But appointment of administrator after one week of
election under political influence will be illegal.15
Audit of Accounts and Sanctioning of the B

The audit of the accounts of the PRIs is carried out by
as may be prescribed by the State government and copy o
is forwarded to the institutions within one month of co

audit so that the institutions can remedy any defect which h
out in audit. In addition to audit, sanctioning of the budget
as an important instrument of control because without bud
no expenditure can be incurred.
Powers to Amend Statute
The State government can enlarge or restrict the powers, functions
and jurisdiction of Panchayati Raj Institutions. Each State government

has made various Amendments in its Panchayati Raj Acts 1994 to do so.
Prior Approval of Government

There are some functions which cannot be performed by PRIs
without the prior approval of the State government.
To Issue Orders and Guidance
State governments have the powers to issue orders from time to

time for the guidance and also to ensure uniformity. Such orders and
guidelines restrict the operational aspects of the PRIs.
It is clear from the above discussion that the government enjoys

enormous powers to exercise control over the PRIs but there are several
occasions when these powers are misused by the party in power to settle
the scores. To save democratic functioning of the PRIs such practices
must be stopped.
Weaknesses
The state control over PRIs is so rigid that it has reduced the
Panchayati Raj bodies to the status of subordinate agencies of the State
government and their autonomy has completely been disappeared. The
PRIs have been so much circumscribed by internal checks and external
controls that they have now failed to bear the str

activities.
The controlling powers are not exercised in a p

manner. The State control and supervision is of nega
rather than being positive and constructive. The S

PRIs stress on the fault finding, not on the encou
of the PRIs.
From all the powers of control that the State

over PRIs, the power to dissolve the PRIs, is a sle
power. Sometimes this type of controlling power
party for its political interest. For example in H
government tried to dissolve the PRIs before the sti
could get its advantages in the coming legislative

not get success because of stay orders given by th
High Court.
As stated earlier that there are some works which cannot be
performed without the prior approval of the State government. From this
it is clear that PRIs are not independent in their working. It is highly

undemocratic.
The State control over PRIs is exercised by the Deputy

Commissioners/ sub Divisional officer (Civil). It has been observed that
these officers cannot keep effective control over PRIs due to lack of time,
requisite training and lack of experience in keeping effective control over

PRIs.
Audit is the main instrument through which control is exercised

over PRIs. But the speed of audit is found to be very slow. The statement
"locking the barn door after the horse is stolen" about the audit is fully
applicable to the present audit system of PRIs in Haryana."16
Sometimes the decisions of removal of representatives of PRIs are

taken on political considerations which is highly objectionable.
Judicial control plays an important role in making the PRIs

accountable but it has its own limitations as courts have no authority to
start proceedings. Somebody must knock at the doors of
post facto control. Not only this, it is also slow and expe
generally beyond the reach of a poor person.
Functionaries of PRIs are not fully trained. Therefo

process is generally found dilatory but the government l
rules, regulations and timely submission of progress repo
be possible without trained and competent functionaries?
Mostly the PRIs do not have adequate funds. So they h
on the State government for financial aid. This financi

uncertain, irregular and inadequate. There is no other w
dependence of PRIs on State assistance leads to exce
autonomy of these bodies.17
The attitude of officials towards PRIs is indifferent. T
themselves the bosses of representatives of PRIs. They are
For example all the proposals of development activities

Panchayat Secretary. He makes the Gram Panchayat heads
tune. This type of indifferent attitude on the part of offici
the mismanagement of PRIs.
The powers of control have been centralized at the s

it is impossible to take quick action on finding the fault
PRIs.18
State governments have the powers to take disciplinary actions

against PRIs, but State governments have a lot of other works. They have
no time to see such matters. So there is found unnecessary delays in the
disciplinary actions against the representatives of PRIs. Not only this,
government is always partial in taking the disciplinary actions against
representatives of PRIs.
Suggestions :
To make decentralized governance more effective, responsive and
accountable, some suggestions relating to controlling the working of PRIs
are given below:
- Audit of PRIs should be speedy, constructiv

should be positive rather than negative. Social aud
Gram Sabhas in most of the states are ineffective.
broad base in which retired officials, army person
youth clubs and NSS volunteers may be involved
holders and others to have constant watch on the activities of Gram
Panchayats. They may raise issues even in small gatherings to make the
Gram Panchayats more accountable and responsive.
- Lack of guidance and too much control are the factors responsible
for low efficiency level of PRIs. So there should be working relationship
which implies on the part of State government an increased emphasis on
guidance, research, advisory and consultancy services and on the part of
local governments a genuine concern for improving, their process and
procedures for the purposes that decisions can be made and implemented
speedily and efficiently. 1 9
- To stop the interference of MLAs and MPs, it is suggested that no

representation should be given to them by further amending the
Constitution. A separate institution of Ombudsman should be established
to investigate the cases pertaining to removal of PRIs representatives on
political consideration.
- As stated earlier government officials such as Deputy
Commissioners or Sub Divisional Officers (Civil) have lack of time, so
there should be some independent agency to exercise effective control
over PRIs.
- There should be a specific time schedule in which all prior approval

of certain works should be given. This will help in over-coming the problem
of inordinate delay in getting requisite clearances.
- To check the misuse of power of dissolution of PRIs, the grounds
on which such dissolutions should take place must be specifically
mentioned in the respective Panchayati Raj Acts.
- Sufficient and well qualified staff should be made available for
the PRIs so that representatives of PRIs may be guided properly in
managing the local affairs effectively.
- The amount under MPLADS and MLALADS should be diverted
to the PRls directly so that they should not depend on governm

Financial mies should be simple and understandable to keep P
their limits. Training on financial matters should be made ma
both the .officials and non-official of PRIs.
- Some sort of quasi-independent supervisory board

established to deal with the problems of controlling these inst
- PRIs should not be considered as the subordinate ag
State government. There should not be too much external an
control over PRIs.
- The arrangement for audit are not satisfactory. The audit

little or no knowledge of PRIs from the point of view o
administration. There has to be an efficient internal audit sy
Parishad and at Block Samitis levels to minimize the number of
- Adequate and fully trained staff should be deputed

irregularities detected by the auditors may also be circulated
institutions so that they should be made aware of them. This w
avoiding repetitions of such irregularities.
From the preceding discussion, it is clear that State cont
PRIs needs some basic changes because the attitude of gover
not fully changed from the superior to the partner. Political co
or will is required to imbibe democratic values. No doubt, Stat
must but it should not make PRIs dancing dolls. There are sever
in the State control over PRIs which should be plugged to establ
and effective control. Government officials should shed the t
dominance and act as real guides and friends of non-officials.
efforts should be made to make means of control result oriente
REFERENCES :
1 . Khanna, R.L., Municipal Government and Administration in

India, Mahindra Capital Publishers, Chandigarh, 1 976, p. 1 66.
2. Maddick, Henri, Democracy, Decentralisation and

Development, Asia Publishing House, Bombay 1963, p.273.
3. Singh, Sahib & S winder Singh, Local Government in India:

A Study in Rural and Urban Development Administration,
New Academic Publishing Company, Jalandhar, 1 986, p.26 1 .
4. Narain, Iqbal, Sushil Kumar and P.C.Mathur

Administration, Indian Institute of Public Adm
Delhi (1970), p.51.
5. Ibid. p.60.
6. Singh, Sahib and Swinder Singh, op.cit., p.266.
7. Shiviah, M., K.V. Narayana Rao, L.S.N. Murthy and G.

Mallikarajuniah, Panchayati Raj - An Analytical Survey,
National Institute of Community Development, Hyderabad
(1976), p.203.
8. Iqbal, Narain and Others, op.cit., p.79.
9. Shiviah, M. and others, op.cit., p.207.
1 0. Iqbal Narain and others, op.cit., p. 1 1 2.
1 1 . Singh Sahib & Swinder Singh, op.cit., p.277.
12. See Haryana Panchayati Raj Act 1994, p.25.

13. Ibid.
14. Smt. Murti Devi vs. Deputy Commissioner, Kurukshetra and

others, 2000, HRR1243 (FC Hr.).
15. Amrik Singh, Sarpanch, Gram Panchayat Chanarthal Khurd

Vs. District Development and Panchayat Officer, Fatehgarh
Sahib and others 2000HRR139 (DB).
16. Singh, Hargian, Rural Political System in India, Indira

Publications, Gurgaon, (1985), p. 121.
17. Singh, Sahib and Swinder Singh, op.cit. p.277
18. Sharma, K.K., Panchayati Raj in India, College Book Depot,

Jaipur (2002), p. 115.
19. Singh, S.N., Local Government: A Comparative Perspective,

Uppal Publishing House, New Delhi (1991), pp. 180-181.
20. Singh, Hargian, op.cit., p. 125.

State Control Over Panchayati Raj Institutions

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Indian Political Science Association

STATE CONTROL OVER PANCHAYATI RAJ INSTITUTIONS

The present poper has been devoted to discuss the need of

State Control Over Panchayati Raj Institutions

effective, responsive and accountable, appropriate su

In our country, there is mass illiteracy, il

Control is recommended to influence the operation of

so that they may establish sound traditions and conv

over PRIs is exercised by State governments and their

are a number of provisions in the State Panchayati

statutory provisions which empower some specific agency, usually the

membership structure and composition, election, size of councils,

exercise control over the administrative, technical and f

The term administrative control refers to those powers and measures

implementation of certain policies and decisions if they are not according

Technical control deals with the regulation and supervision of

control over PRIs includes providing technical approval of schemes and

attendance in meetings of PRIs, reports and statements, periodical staff

Financial control is the most effective method of control over PRIs.

This control is exercised to keep the expenditure by PRIs within the

audit of the PRIs. Audit of accounts of PR I s is

instrument of control. Heavy dependence of PR

Apart from these controls, there is another c

on the legal grounds by someone.

dissolutions, appointing administrators, auditing

Power to cancel or suspend Resolution

Access to Record of Panchayati Raj Ins

controls designed to keep a constant watch on th

or Chief Executive Officer, as the case may be, may au

any immovable property occupied by, or any work in pro

Powers of Inspection and Supervision

the PRIs. If any PRI is not working properly, it is the duty

to bring the institution on the right track. The office

Grants in- Aid

As we know that PRIs have lack of funds because of meagre

the government can stop them to teach lessons to concerned bodies.

Reports and Enquiries

institution, the government can take necessary action against such

If a PRI fails to perform a particular function within a fixed time,

borne by the concerned PRIs.

State government can suspend or remove such representatives of

any in his possession.

In Haryana, a Sarpanch can be removed if he fails to initiate action

against encroach of Panchayati land.14

If in the opinion of government any PRI abuses its powers or is not

competent to perform or makes persistent defaults in the performance of

its duty or willfully disregards any instruction issued by the competent

election under political influence will be illegal.15

Audit of Accounts and Sanctioning of the B

as may be prescribed by the State government and copy o

is forwarded to the institutions within one month of co

out in audit. In addition to audit, sanctioning of the budget

as an important instrument of control because without bud

no expenditure can be incurred.

Powers to Amend Statute

The State government can enlarge or restrict the powers, functions

and jurisdiction of Panchayati Raj Institutions. Each State government

Prior Approval of Government

To Issue Orders and Guidance

State governments have the powers to issue orders from time to

It is clear from the above discussion that the government enjoys

controls that they have now failed to bear the str

The controlling powers are not exercised in a p