Panchayati Raj

Panchayats have been the backbone of the Indian villages

since the beginning of the recorded history. Gandhiji's dream
of every village being a republic or Panchayats having powers
has been translated into reality with the introduction of three-
tier Panchayati Raj system to enlist people’s participation in
rural reconstruction.
The 73rd Amendment 1992 added a new Part IX to the constitution titled “The
Panchayats” covering provisions from Article 243 to 243(O); and a new
Eleventh Schedule covering 29 subjects within the functions of the
Panchayats.

24th April, 1993 was a landmark day in the history of

Panchayati Raj in India as on this day the Constitution (73rd
Amendment) Act, 1992 came into force to provide
constitutional status to the Panchayati Raj institutions.
The salient features of the Act are as follows:

a) To provide three-tier system of Panchayati Raj for all

states having population of over 20 lakh.
b) To hold Panchayat elections regularly for every 5 years.
c) To provide reservation of seats for Scheduled Castes,
Scheduled Tribes and women (not less than 33 percent).
d) To appoint State Finance Commissions to make
recommendations regarding financial powers of the
Panchayats.

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 e) To constitute District Planning Committees to prepare
draft development plan for the district as a whole.

f) According to the Constitution, Panchayats shall be given

powers and authority to function as institutions of self-
government.

The powers and responsibilities to be delegated to

Panchayats at the appropriate level are:
a) Preparation of plan for economic development and social
justice.
b) Implementation of schemes for economic development
and social justice in relation to 29 subjects given in the
Eleventh Schedule of the Constitution.
c) Levying and collecting the appropriate taxes, duties, tolls
and fees.
d) The 73rd Amendment Act gives constitutional status to
the Gram Sabha. The provisions of Panchayats (Extension
to the Scheduled Areas) Act, 1996 extends Panchayats to
the tribal areas of eight states, namely Andhra Pradesh,
Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya
Pradesh, Orissa and Rajasthan. This has come into
force on 24th December, 1990. Except Rajasthan and
Bihar, all states have passed laws to give effect to the
provisions contained in the Act 40 of 1996.

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 Under the Act, Gram Sabha has been vested with powers for:

a) Ownership of minor forest produce, approval of

development plans, selection of beneficiaries under various
programmes.

b) Consultation on land acquisition, manage minor water

bodies, control mineral leases, regulate/prohibit sale of
intoxicants, preventing alienation of land and restoring
unlawfully alienated land of STs, managing village markets,
controlling money lending to STs, and controlling
institutions and functionaries in all social sectors.

c) The ministry extends limited financial assistance to the

states to train and create awareness among the elected
members of Panchayats and functionaries. The Ministry has
been providing financial assistance through the Council for
Advancement of Peoples Action and Rural Technology
(CAPART) to the non-governmental organizations for
conducting training and awareness generation programmes
on Panchayati Raj. The Ministry also commissions research
and evaluation study related to Panchayati Raj from
voluntary organizations institutions.

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Various committees on Panchayati Raj:
a) Balwant Rai Mehta: established 1957
b) V.T. Krishnammachari: 1960
c) Takhatmal Jain Study Group: 1966
d) Ashok Mehta Committee: 1978
e) G.V.K. Rao Committee: 1985
f) Dr. L.M. Singhvi Committee: 1986
g) P. K. Thoongan committee: 1988

The Act aims to provide a three-tier systems of Panchayati Raj for all
states having a population of over 2 million, to hold Panchayat
elections regularly every five years, to provide seats reserved
for scheduled castes, scheduled tribes and women; to appoint a State
Finance Commission to make recommendations regarding the financial
powers of the Panchayats and to constitute a District Planning
Committee, to prepare a development plan draft for the district.
The Panchayats receive funds from three sources:
 Local body grants, as recommended by the Central Finance
Commission
 Funds for implementation of centrally sponsored schemes
 Funds released by the state governments on the
recommendations of the State Finance Commissions

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 ADMINISTRATION
Block level Panchayat
A Panchayat Samiti (block Panchayat) is a local government body at
the tehsil level. This body works for the villages of the tehsil that together are
called a "development block". The Panchayat Samiti is the link between the Gram
Panchayat and the district administration. Just as the tehsil goes by other names in
various parts of India, notably mandal and taluka, there are a number of variations
in nomenclature for the block Panchayat. For example, it is known as Mandal
Praja Parishad in Andhra Pradesh, Taluka Panchayat in Gujarat and Karnataka,
and Panchayat Samiti in Maharashtra. In general, the block Panchayat has the
same form as the gram Panchayat but at a higher level.
Constituency
Membership in the block Panchayat is mostly ex-official; it is composed of: all of
the Sarpanchas (gram Panchayat chairmen) in the Panchayat Samiti area, the MPs
and MLAs of the area, the sub-district officer (SDO) of the subdivision, co-opt
members (representatives of the SC/ST and women), associate members (a farmer
from the area, a representative of the cooperative societies and one from marketing
services), and some elected members.
The Panchayat Samiti is elected for a term of five years and is headed by a
chairman and a deputy chairman.
Departments
The common departments in the Samiti are as follows:

 General Administration
 Finance
 Public Works
 Agriculture
 Health
 Education
 Social Welfare
 Information Technology
 Water Supply Department
 Animal Husbandry and others

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There is an officer for every department. A government-appointed Block
Development Officer (BDO) is the executive officer to the Samiti and the chief of
its administration, and is responsible for his work to the CEO of ZP.
Functions

 Implementation of schemes for the development of agriculture and

infrastructure
 Establishment of primary health centres and primary schools
 Supply of drinking water, drainage and construction/repair of roads
 Development of a cottage and small-scale industries, and the opening of
cooperative societies
 Establishment of youth organizations

District level Panchayat

The governing of the advance system at the district level in Panchayat Raj is also
popularly known as Zila Parishad. The chief of administration is an officer of
the IAS cadre. and chief officer of the Panchayat raj for the district level
Composition
The membership varies from 40 to 60 and usually comprises- Deputy
Commissioner of the District. Presidents of all Panchayat Samitis in the district,
and heads of all Government Departments in the district; members of Parliament
and Members of Legislative Assemblies in the district; a representative of each
cooperative society ;some women and Scheduled Caste members if not adequately
represented; and co-opted members having extraordinary experience and
achievements in public service.
Functions

 Provide essential services and facilities to the rural population

 Supply improved seeds to farmers and inform them of new farming techniques
 Set up and run schools and libraries in rural areas
 Start primary health centers and hospitals in villages; start vaccination drives
against epidemics
 Execute plans for the development of the scheduled castes and tribes; run
ashram shalas for Adivasi children; set up free hostels for them.
 Encourage entrepreneurs to start small-scale industries and implement rural
employment schemes.
 Construct bridges, roads and other public facilities and their maintenance
 Provide employment.

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Sources of income

 Taxes collected locally such as on water, place of pilgrimage,

local mandirs (temples), and markets
 A fixed grant from the State Government in proportion to the land revenue and
money for works and schemes assigned to the Parishes

Village level Panchayat

A gram panchayat is a village level administrative body, with a Sarpanch as its
elected head. The members of the gram panchayat are elected for a period of five
years by the members of Gram Sabha.

Reservation for women in PRIs in India

On August 27, 2009, the Union Cabinet of the Government of India approved 50%
reservation for women in PRIs (Panchayati Raj Institutions).
The Indian states Andhra Pradesh, Bihar, Chhattisgarh, Himachal Pradesh,
Jharkhand, Kerala, Karnataka, Madhya Pradesh Maharashtra, Odisha,
Rajasthan, Sikkim, Tamil Nadu, Tripura , West Bengal and Uttarakhand. have
implemented 50% reservation for women in PRIs. The majority of candidates in
these Panchayats are women. Currently 100% of elected members
in Kodassery Panchayat in Kerala are women.

Various fuctions of Panchayati raj organizations

Three-tier Structure of Panchayati Raj

Panchayat Samiti
The second or middle tier of the Panchayati Raj is Panchayat Samiti,
which provides a link between Gram Panchayat and a Zila Parishad.
The strength of a Panchayat Samiti also depends on the population in a
Samiti area. In Panchayat Samiti, some members are directly elected.
Sarpanchs of Gram Panchayats

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Sarpanchs of Gram Panchayats are ex-officio members of Panchayat
Samitis. However, all the Sarpanchs of Gram Panchayats are not
members of Panchayat Samitis at the same time.
The number varies from State to State and is rotated annually. It means
that only chairpersons of some Gram Panchayats in a Samiti area are
members of Panchayat Samiti at a time.
In some panchayats, members of Legislative Assemblies and Legislative
Councils, as well as members of Parliament who belong to the Samiti
area, are co-opted as its members. Chairpersons of Panchayat Samitis
are, elected indirectly- by and from amongst the elected members
thereof.
Zila Parishad
Zila Parishad or district Panchayat is the uppermost tier of the
Panchayati Raj system.
This institution has some directly elected members whose number
differs from State to State as it is also based on population. Chairpersons
of Panchayat Samitis are ex-officio members of Zila Parishads.
Members of Parliament, Legislative Assemblies and Councils
belonging to the districts are also nominated members of Zila
Parishads.
The chairperson of a Zila Parishad, called Adhyaksha or President is
elected indirectly- by and from amongst the elected members thereof.
The vice-chairperson is also elected similarly. Zila Parishad meetings
are conducted once a month. Special meetings can also be convened to
discuss special matters. Subject committees are also formed.
Zila Parishad meetings are conducted once a month. Special meetings
can also be convened to discuss special matters. Subject committees are
also formed.

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Functions of Panchayat

All Panchayati Raj Institutions perform such functions as are specified

in state laws relating to panchayati raj. Some States distinguish between
obligatory (compulsory) and optional functions of Gram Panchayats
while other States do not make this distinction.

 The civic functions relating to sanitation, cleaning of public roads,

minor irrigation, public toilets and lavatories, primary health care,
vaccination, the supply of drinking water, constructing public
wells, rural electrification, social health and primary and adult
education, etc. are obligatory functions of village panchayats.
 The optional functions depend on the resources of the panchayats.
They may or may not perform such functions as tree plantation on
roadsides, setting up of breeding centers for cattle, organizing child
and maternity welfare, promotion of agriculture, etc.
 After the 73rd Amendment, the scope of functions of Gram
Panchayat was widened. Such important functions like
preparation of annual development plan of panchayat area, annual
budget, relief in natural calamities, removal of encroachment on
public lands and implementation and monitoring of poverty
alleviation programmes are now expected to be performed by
panchayats.
 Selection of beneficiaries through Gram Sabhas, public distribution
system, non-conventional energy source, improved Chullahs,
biogas plants have also been given to Gram Panchayats in some
states.

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Functions of Panchayat Samiti

 Panchayat Samitis are at the hub of developmental activities.

 They are headed by Block Development Officers ([Link]).
 Some functions are entrusted to them like agriculture, land
improvement, watershed development, social and farm forestry,
technical and vocational education, etc.
 The second type of functions relates to the implementation of some
specific plans, schemes or programmes to which funds are
earmarked. It means that a Panchayat Samiti has to spend money
only on that specific project. The choice of location or
beneficiaries is, however, available to the Panchayat Samiti.

Functions of Zila Parishad

 Zila Parishad links Panchayat Samitis within the district.

 It coordinates their activities and supervises their functioning.
 It prepares district plans and integrates Samiti plans into district
plans for submission to the State Government.
 Zila Parishad looks after development works in the entire district.
 It undertakes schemes to improve agricultural production, exploit
ground water resources, extend rural electrification and distribution
and initiate employment generating activities, construct roads and
other public works.
 It also performs welfare functions like relief during natural
calamities and scarcity, the establishment of orphanages and poor
homes, night shelters, the welfare of women and children, etc.
 In addition, Zila Parishads perform functions entrusted to them
under the Central and State Government sponsored programmes.
For example, Jawahar Rozgar Yojna is a big centrally sponsored
scheme for which money is directly given to the districts to
undertake employment-generating activities.

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 Index
 Significance of the amendment
 Salient Features
o Gram Sabha
o Three Tiers of Panchayati Raj
o Reservation in Panchayats
o Duration of Panchayats
o Disqualification of Members
o Finance Commission
o Powers and Functions: 11th Schedule
o Audit of Accounts
o Elections
o Applications to Union Territories
o Exempted areas and states
 Continuance of Existing Laws
o Bar on Interference by Courts
 Comment
Significance of the amendment
This amendment implements the article 40 of the DPSP which says that “State
shall take steps to organise village panchayats and endow them with such powers
and authority as may be necessary to enable them to function as units of self-
government” and have upgraded them from non-justifiable to justifiable part of the
constitution and has put constitutional obligation upon states to enact the
Panchayati Raj Acts as per provisions of the Part IX. However, states have been
given enough freedom to take their geographical, politico-administrative and
others conditions into account while adopting the Panchayati Raj System.
Salient Features
Gram Sabha
Gram Sabha is a body consisting of all the persons registered in the electoral
rolls relating to a village comprised within the area of Panchayat at the village
level. Since all the persons registered in electoral rolls are members of Gram
Sabha, there are no elected representatives. Further, Gram Sabha is the only
permanent unit in Panchayati Raj system and not constituted for a particular
period. Although it serves as foundation of the Panchayati Raj, yet it is not among
the three tiers of the same. The powers and functions of Gram Sabha are fixed by
state legislature by law.
Three Tiers of Panchayati Raj
Part IX provides for a 3 tier Panchayat system, which would be constituted in
every state at the village level, intermediate level and district level. This provision

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 brought the uniformity in the Panchayati Raj structure in India. However, the
states which were having population below 20 Lakh were given an option to not to
have the intermediate level.
All the members of these three level are elected. Further, the chairperson of
panchayats at the intermediate and district levels are indirectly elected from
amongst the elected members. But at the village level, the election of chairperson
of Panchayat (Sarpanch) may be direct or indirect as provided by the state in its
own Panchayati Raj Act.
Reservation in Panchayats
There is a provision of reservation of seats for SCs and STs at every level of
Panchayat. The seats are to be reserved for SCs and STs in proportion to their
population at each level. Out of the Reserved Seats, 1/3rd have to be reserved for
the women of the SC and ST. Out of the total number of seats to be filled by the
direct elections, 1/3rd have to be reserved for women. There has been an
amendment bill pending that seeks to increase reservation for women to 50%. The
reserved seats may be allotted by rotation to different constituencies in the
Panchayat. The State by law may also provide for reservations for the offices of
the Chairpersons.
Duration of Panchayats
A clear term for 5 years has been provided for the Panchayats and elections must
take place before the expiry of the terms. However, the Panchayat may be
dissolved earlier on specific grounds in accordance with the state legislations. In
that case the elections must take place before expiry of 6 months of the dissolution.
Disqualification of Members
Article 243F makes provisions for disqualifications from the membership. As per
this article, any person who is qualified to become an MLA is qualified to become
a member of the Panchayat, but for Panchayat the minimum age prescribed is 21
years. Further, the disqualification criteria are to be decided by the state legislature
by law.
Finance Commission
State Government needs to appoint a finance commission every five years, which
shall review the financial position of the Panchayats and to make recommendation
on the following:
 The Distribution of the taxes, duties, tolls, fees etc. levied by the state which is to
be divided between the Panchayats.
 Allocation of proceeds between various tiers.
 Taxes, tolls, fees assigned to Panchayats

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 Grant in aids.
This report of the Finance Commission would be laid on the table in the State
legislature. Further, the Union Finance Commission also suggests the measures
needed to augment the Consolidated Funds of States to supplement the resources
of the panchayats in the states.
Powers and Functions: 11th Schedule
The state legislatures are needed to enact laws to endow powers and authority to
the Panchayats to enable them functions of local government. The 11th schedule
enshrines the distribution of powers between the State legislature and the
Panchayats. These 29 subjects are listed below:
11th Schedule of the Constitution

1. Agriculture, including agricultural 16. Poverty alleviation programme.

extension.

2. Land improvement, implementation of 17. Education, including primary and

land reforms, land consolidation and soil secondary schools.
conservation.

3. Minor irrigation, water management and 18. Technical training and vocational
watershed development. education.

4. Animal husbandry, dairying and poultry. 19. Adult and non-formal education.

5. Fisheries. 20. Libraries.

6. Social forestry and farm forestry. 21. Cultural activities.

7. Minor forest produce. 22. Markets and fairs.

8. Small scale industries, including food 23. Health and sanitation, including
processing industries. hospitals, primary health centers and
dispensaries.

9. Khadi, village and cottage industries. 24. Family welfare.

10. Rural housing. 25. Women and child development.

11. Drinking water. 26. Social welfare, including welfare of the

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 11th Schedule of the Constitution

handicapped and mentally retarded.

12. Fuel and fodder. 27. Welfare of the weaker sections, and in
particular, of the Scheduled Castes and the
Scheduled Tribes.

13. Roads, culverts, bridges, ferries, 28. Public distribution system.

waterways and other means of
communication.

14. Rural electrification, including 29. Maintenance of community assets.

distribution of electricity.

15. Non-conventional energy sources.

Further, the state legislature can authorize the Panchayats to collect and
appropriate suitable local taxes and provide grant in aids to the Panchayats from
the Consolidated Funds of the states.
Audit of Accounts
State Government can make provisions for audit of accounts of the Panchayats.
Elections
Article 243K enshrines the provisions with respect to elections of the Panchayats.
This article provides for constitution of a State Election Commission in respect of
the Panchayats. This State Election Commission would have the power to
supervise, direct and control the elections to the Panchayats and also prepare the
electoral rolls.
The article maintains the independence of the election commission by making
provisions that the election commissioner of this commissioner would be removed
only by manner and on same grounds as a Judge of the High Court.
If there is a dispute in the Panchayat elections, the Courts have NO jurisdiction
over them. This means that the Panchayat election can be questioned only in the
form of an election petition presented to an authority which the State legislature by
law can prescribe. (Important) The election commissioner for this reason is to be
appointed by the Governor. The terms and conditions of the office of the Election
commissioners have also to be decided by the Governor.

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 Applications to Union Territories
Provisions of Panchayats shall be applicable to the UTs in same way as in case of
the states but the President by a public notification may make any modifications in
the applications of any part.
Exempted areas and states
The provisions of part IX are not applicable to the following:
 Entire states of Nagaland, Meghalaya and Mizoram
 Hill areas in the State of Manipur for which District Councils
 Further, the district level provisions shall not apply to the hill areas of the District
of Darjeeling in the State of West Bengal which affect the Darjeeling Gorkha Hill
Council.
 The reservation provisions are not applicable to Arunachal Pradesh.
Continuance of Existing Laws
Any provision of any law relating to Panchayats in force in a State immediately
before the commencement of the Constitution (Seventy-third Amendment) Act,
1992, which is inconsistent with the provisions of this Part, shall continue to be in
force until amended or repealed by a competent Legislature or competent
authority.
Bar on Interference by Courts
Article 243 O bars the courts to interfere in the Panchayat Matters. The validity of
any law relating to the delimitation of constituencies or the allotment of seats to
such constituencies cannot be questioned in a court. No election to any Panchayat
is to be questioned except by an election petition presented to such authority and in
such manner as provided by the state legislature.
Comment
The positive impact of the 73rd Amendment in rural India is clearly visible as it
has changed power equations significantly. Elections to the Panchayats in most
states are being held regularly. Through over 600 District Panchayats, around 6000
Intermediate Panchayats and 2.3 lakh Gram Panchayats, more than 28 lakh persons
now have a formal position in our representative democracy.
Still, this bill lacks the proper definition of the role of the bureaucracy. It does not
clearly define the role of the state government. On practical level, people are
illiterate in India and they are actually not aware of these novel features. The
Panchayats are dominated by effluents in some parts of the country. The 3 tiers of
the Panchayati Raj have still very limited financial powers and their viability is
entirely dependent upon the political will of the states.

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