8

Panchayati Raj
Te term Panchayati Raj in India signifies the 3. All planning and development activities should
sstem of rural local self-government. It has be entrusted to these bodies.
been established in all the states of India by 4. The panchayat samiti should be the executive
zÁis of the state legislatures to build democracy body while the zila parishad should be the
t grass root level'. It is entrusted with rural advisory, coordinating and supervisory body.
sdlbgment. It was constitutionalised through the 5. The district collector should be the chairman
Constitutional Amendment Act of 1992. of the zila parishad.
6. There should be a genuine transfer of power
NUTION OF PANCEHAYATI RAJ and responsibility to these democratice bodies.
7. Adequate resources should be transferred to
ant Rai Mehta these bodies to enable them to discharge their
Committee
ary 1957, the Government of India
functions and fulfil their responsibilities.
8. A system should be evolved to effect further
examine the working of the appointed
Community
a
devolution of authority in future.
opment
Sion Programme (1952) and the National
Service (1953) and to suggest measures for
These recommendations of the committee were
accepted by the National Development Council in
BdiMiwannt working.
Rai G
The chairman of this committee
Mebta, The committee submitted
January 1958. The council did not insist on a single
rigid pattern and left it to the states to evolve their
nent ofNove
thember 1957of and recommended the es-
But the
own patterns suitable to local conditions.
should be
wtheich schemecame to'democratic decentralisa- basic principles and broad fundamentals

sEsapbelciuisflhitcimemantTecommendat
ely ionsknownmade byPanchayati
be as
t of athree-tier panchayati raj
it are:
identical throughout the country.
Rajasthan was the tirst state to establish
chayati Raj. The scheme was inaugurated
Pan
by the
sVayarsuiscehhmaayd-atgramtSamiti
be at
panchayat
at the
at the block level and zila
he district level.
level,
village Rajasthan was followed by Andhra
also adopted the system in 1959,
Nagaur district.
prime minister on October 2, 1959, in Pradesh, which
Thereafter, most of
itIheectorgelaneicicailoyns. linked
These tiers should
through a device of in- the states adopted the system. created panchayati raj
Though most of the states
he vdiliargescy panchayat
with should be constituted institutions by mid 1960s, there
were differences
to the number
elsamiti
ected representatives, with regard

CUnyanchsaiytaetd with indirectly

from one state to another
whereas of samiti and parishad,
and
zila parishad should of tiers, relative positionfunctions, finances and
elected members. their tenure, composition,
 38,4
Indian Polity

three
so on. Por exampl, Rajasthan adopted thetwo-tier panchayats, that is,
ticr system while Tamil Nadu adopted the
judicial panchayats to
eivil and criminal cases.
Nystem West Bengal, on the other hand, adopted the
tour ier Nystem Futher. in the Rajasthan Andhra Study Teams and Committees
Pradesh pattern, anchayat samiti was powertul as
the blxk waN the unit of planning and development. Since 1960, many study
while in Maharashtra Gujarat puttern, zila parishad working groups have beenteams, commit eees and
was powertul as the distriet was the unit of planning appomted
the various aspects of functioning
and development.Some states also established nyaya system. They are mentioned
below inPanchay at Ra
Table 38 |
Table 38.1 Study Teams and Committees on Panchayati Raj
Name ef the study Team /Commitee Chairman
1960 Committee on Rationalisation of Panchayat Statistics V.R. Rav
1961 Working Group on Panchayats and Cooperatives S.D. Mishra
1961 Study Team on Panchayati Raj Administration V. lswaran
1962 Study Team on Nyaya Panchayats
a
G.R. Rajgopal
1963 Study Tcam on the Position of Gram Sabha in Panchayati Raj Movement R.R. Diwakar
1963 Study Group on Budgeting and
Raj Institutions
Accounting Procedure of Panchayati M. Rama
Krishnayya
1963 Study Team on Panchayati Raj Finances K. Santhanam
1965 Committee on Panchayati Raj Elections K. Santhanam
9 1965 Study Team on the Audit and Accounts of Panchayati Raj R.K. Khanna
10.
Bodies
11
1966Committee on Panchayati Raj Training Centres G. Ramachandran
1969 Study Team on Involvement of Community V. Ramunathan
and Panchayati Raj Institutions in the Development Agency
Reform Measures Implementation of Basic Land
12. 1972 Working Group for Formulation of Fifth Five Year Plan on Community N, Ramakrishnayvd
Development and Panchayati Raj
13. 1976 Smt. Daya ('houbv
Commitee on Community Development and Panchayati Raj
Ashok Mehta Committee populationof
villages with a total dxt
In December 1977, the tr
Janata
u committee on panchayati rajGovernment appointed
20,000.
first
poim
institutions under the 2. A district should be the SupervisIOD
chairmanship of Ashok Mehta. It submitted its
in August 1978 and made 132 report tralisation under popular CNCCUiets
revive and strengthen the decliningrecommendations to state level. distr

panchayati raj sys 3. Zila parishad should be the al

the
tem in the country. Its main plannng
1. The three-tier system ofrecommendations were: made responsible for Partiwatn
panhas.t
panchayati raj should
be replaced by the two-tier system, that is,zila
level. ofticial
4. There should be an levels of
parishad at the district level, and below it, the political parties at
all
mandal panchayat consisting of a group of clections.
 Panchayati Raj 38.5

raj institutions should have GVK Rao Committee

The panchayati mobilise
compulsory powers of taxation to
resourses. The Committee to review the existing Administrative
their own financial
Arrangements for Rural Development and Poverty
There should be a regular social audit by a
district level agency and by a committee of
Alleviation Programmes under the chairmanship of
iegislators to check whether the funds allotted
G.V.K. Rao was appointed by the Planning Com
mission in 1985. The Committee came to conclu
ir the vulnerable social and economic groups
sion that the developmental process was gradually
are actually spent on them. bureaucratised and divorced from the Panchayati Raj.
The state government should not supersede
the panchayati raj institutions. In case of an This phenomena of bureaucratisation of development
administration as against the democratisation weak
imperative supersession, elections should
be held within six months from the date of
ened the Panchayati Raj institutions resulting in what
is aptly called as 'grass without roots'. Hence, the
supersession. Committee made the following recommendations to
i. The nyaya panchayats should be kept as strengthen and revitalise the PanchayatiRaj system:
separate bodies from that of development (i) The district level body, that is, the Zila Pari
panchayats. They should be presided over by shad should be of pivotal importance in the
aqualified judge. scheme of democratic decentralisation. It
9. The chief electoral officer of a state in con stated that the district is the proper unit for
suitation with the chief election commissioner planning and development and the Zila Pari
shouid organise and conduct the panchayati raj shad should become the principal body for
elections. management of all development programmes
13 Development functions should be transferred which can be handled at that level."
to the zila parishad and all development staff (i) The Panchayati Raj institutions at the district
shouid work under its control and supervision. and lower levels should be assigned an impor
Ihe voiuntary agencies should play an im tant role with respect to planning, implemen
portant role in mobilising the support of the tation and monitoring of rural development
people for panchayati raj. programmes.
A
minister for panchayati raj should be ap- (iii) Some of the planning functions at the state level
ponted in the state council of should be transferred to the district level plan
iook after the affairs of the ministers to ning units for effective decentralized district
institutions. panchayati raj planning.
13. Seats SCs (iv) A post of District Development Commissioner
for and STs should be reserved on the
basis of their should be created. He should act as the chief
A population. executive officer of the Zila Parishad and
Consttoittheutiona!Panchayati
corded recognition should
Raj institutions. This
Would give them the requisite
be ac- should be in charge of all the development
departments at the district level.
and stature) status (sanctity (v) Elections to the Panchayati Raj institutions
and an assurance of continuous should be held regularly. It found that elec
futhnce tioningcollapse
bue to the
telore of the Janata Government
tions became overdue tor one or more tiers in
Il states.
taken on theCompletion of its
term, no action could be Thus the committee, in its scheme of decentralised
Grimit ee atrecommendat ions ofHowever,
the central level.
the Ashok Mehta system of field administration, assigned a leading
role to the Panchayati Raj in local planning and
Kartonataka, West Bengal and AndhrathePradesh
three
development. It is in this respect that the recommen
somet erevitalise
Mebta Comni e.
of the the panchayati
raj, keeping dation of the G.V.K. Rao Committee Report (1986)
differed from those of the Dantwala Committee
recommendations of the Ashok
Report on Block-Level Planning (1978) and the
 dissojution and other matters rel
their
their functioning.
Dstriet
Rt
ThungonCommittee
R
rutar
sub-committee of the Consultative Com.
1988. a
In Parliament was constituted under the chat.
mittee of Thungon to examine the poltxa
manship of PK. the district for the
administrative structure in
and
of district planning. This cormmittee s-
purpose strengthening of the PanchayatiRy
gested for the recommendations
the following
Tig r e d e dthat system. It made
Panchayati Raj bodies should cons-
be
The
1. tutionally recognized.
deveiocsemtal aang xiNties. Rai att
n three-tier system of Panchayati distre
ige C o e tffered 2. A
panchayats at the village. block and
Hamha Rac Com
Ths e BatwztrsMetta
g e ohse of RetorsCoaSIOn of levels. the Pzs
4SvE the Parishad should be the pivot of plan
Caeeand alir 3. Zilla as the
TeE
chayati Raj system. Itshould actthe distrca
a e AsMe wtct recomended reduc development agency in
GKRe Comtee oe of the Distrit Collec ning and have a fred
t E vel Pzochayzti Panchayati Raj bodies should
ssigiamarrole to he 4. The years.
Rr tc tenure of five session of 2
maximum period of super
5. The months.
LM Singvi Committee body should be sixco-ordination committee
planning and under te
Rasaenent 2ponted 2 com 6. A set-up at the state level planning
i should be minister for
chairmanship of the Parishads should be
nstitutios for Democracy and The presidents
of Zilla
af c a tRa of L M Sing
Deveepe e r e chairmasbip
recommenáations.
its members.
for Panchayati Ra
atete foiowing subjects
institutiors should be 7. A detailed list of incorporated
Ks Te Pztchayat Ra should be prepared and
constecaly tecoisei protected and pre Constitution.
should
three-tiersshould
should
erve. Fr thss urose, 2 Dew chapter will in allthe
8. Reservation of seats population. There
This
e addet e te Costtution of indiz be on the basis of
mke the iienty ad integity reasonably also be reservation for
women.shouldbeset-up
20 susatialy vte. It aiso suggeted commission crera
cosonal provisOnS tO ersure reular, free 9. Astate finance downthefinano
lay
dfarectis othe Panhayti Raj bodies. in each state. It woulddevolution of
( yaya Parsayas shnd be established fona and guídelines for theinstitutions chiefct-
to the Panchayati Raj the
collector should be
(s8 Te sallagrs ssd be seorganised to make 10. The district Zilla Parishad
Gra Pachayzts fME Vabe. h also empha ecutive officer of the
sed e sEportacE of the Gran Sabha ad
caled s ecnbunt f direct denscry Gadgil Committee ProgrammesuOet
Lr Tse Vlage Panchayats shouid have nore
on Policy and
Party
fosatcsa sesutces. The Comnmitlee Congress
comDillee

I9) The dscai trsbunals shnid be established conatituled in 1988 by theGadgil. Thus howb
the chairmanship of V.N, question of cltetive
eiectisn u» the Parhayats Kaj ifitulkns, Was askcd us consider thecould be made
Panchayati Raj institutions
38.6 Indian Polity

Hanumantha Rao Committee Report on District their dissolution and othher matters
Planning (1984). Both the committees have sug their functioning.
gested that the basicdecentralised planning function related to
should be done at the district level. The Hanumantha Thungon Committee
Rao Committee advocated separate district planning
bodies under either the District Collector or a minis In 1988, a sub-committee of the
ter. In both the models, the Collector should play a mittee of Parliament was
constituted Consultative
Com-
significant role in the decentralised planning though manship of P.K. Thungon to examineunder the chair.
the political
and administrative structure in the district
the Committee stated that Panchayati Raj institutions for th.
would also be associated with this process (of decen purpose of district planning. This
tralised planning). The committee recommended that gested for the strengthening of the commi t ee sug-Ra
Panchayati
the Collector should be the coordinator, at the district System. It made the following recommendations
1. The Panchayati Raj bodies should be const.
level, of all developmental and planning activities.
Thus the, Hanumantha Rao Committee differed in tutionally recognized.
this respect from those of Balwantray Mehta Com 2. A three-tier system of Panchayati Raj wih
mittee, the Administrative Reforms Commission of panchayats at the village. block and distrit
levels.
India, the Ashok Mehta Committee and finally the
G.V.K. Rao Committee which recommended reduc 3. Zilla Parishad should be the pivot of the Par
tion in the developmental role of the District Collec chayatiRaj system. It should act as the plar
tor and which assigned a major role to the Panchayati ning and development agency in the district.
Raj in development administration. 4. The Panchayati Raj bodies should have afixed
tenure of five years.
LM Singhvi Committee 5. The maximum period of super session of 3
body should be six months.
In 1986, Rajiv Gandhigovernment appointed a com 6. A planning and co-ordination committet
mittee to prepare a concept paper on 'Revitalisation should be set-up at the state level under the
of Panchayati Raj Institutions for Democracy and chairmanship of the minister for plann1ng
Development' under the chairmanship of L M Sing The presidents of Zilla Parishads should be
hvi. It made the following recommendations. its members.
Ray
(i) The Panchayati Raj institutions should be 7. Adetailed list of subjects for Panchayati the
constitutionally recognised, protected and pre incorporatedin
and
should be prepared
served. For this purpose, a new chapter should Constitution. should
be added in the Constitution of India. This will 8. Reservation of seats in allthethree-tiers
There
should
make their identity and integrity reasonably be on the basis of population.
and substantially inviolate. It also suggested also be reservation for women. set-up
constitutional provisions to ensure regular, free should be
9. A statefinance commission down the criterd
and fair elections to the Panchayati Raj bodies. in each state. It would lay finances
of
(ii) Nyaya Panchayats should be established for a and guidelines for the devolution
cluster of villages. to the Panchayati Raj institutions. chiefex-
the
(iii) The villages should be reorganised to make 10. The district collector should be
Gram Panchayats more viable. It also empha
sised the importance of the Gram Sabha and Ccutive officer off the Zilla Parishad.
called it as the embodiment of direct democracy.
(iv) The Village Panchayats should have more Gadgil Committee Programmes
partyunder
financial resources.
The Committee on Policy and Thiscommittee
() The judicial tribunals should be established constituted in l988 by the Congress best
in each state to adjudicate controversies about
election to the Panchayati Raj institutions, the chairmanship of V.N. Gadgil. "how
question of etBècive"
was asked to consider the
Panchayati Raj institutions could be made
 PanchayatiRaj
la this context,
the committee made the following
NOmmcdations ;
L Aconstitutional status should be bestowed on
the Panchayati Raj institutions,
Athrve-tier system of Panchayati Raj wvith
panchayats at the village, blo¢k and district
levels.
3. The term of Panchayati Raj institutions should
he fixed at tive years.
4 The menmbers of the Panchayats at allthe three
levels should be directly elected.
$. Reservation for SCs, STN and women.
6The Panchayati Raj bodies should have the
responsibility of preparation and implementa
tion of plans for socio-economic development.
For this purpose, a list of subjects should be
specified in the constitution.
7. The Panchayat Raj bodies should be empow
ered to levy, collect and appropriate taxes and
duties.
8. Establishment of a State Finance Commis
sion for the allocation of finances to the
Panchayats.
9. Establishment of a State Election Commis
sion for the conduction of clections to the
panchayats.
The above recommendations of the Gadgil Com
mtiee became the basis for drafting an amendment
Oll aimed at conferring the constitutional status and
protection the Panchayati Raj institutions.
Const itutionalisation
Rajiv Gandhi Government The Rajiv Gandhi
Government Biintroduced
Anendment the 64h Constitutional
l in the Lok Sabha in July 1989 o
constitutionalise
panchayati raj institutions and
tthehem more powerful
Lok and broad based. Although,
make
Was not Sabha passed the bill in August 1989, it
Was approved by the Rajya Sabha. The bill
vehenmently
grhe ofederal opposed by the Opposition on the
und that system.
it sought to strengthen centralisation in
VP Slngh
Government The National Front Gov-
rmment,so n
\989 under the Prime Ministership of VPSingh,
afler aSsuming office in November
Minounced that it would take steps lo slrengthenthe
S.7
panchayati raj inatitutiona. In June 1990, a two day
conference of the state chief mininters under the
chaimanship of VP Singh was held to diseusN the
0ssues relating to the strengthening of the panchayati
raj hodies. The conterence approved the proponals
for the introduetion of a fresh constitutional amend
ment bill, Consequently, a constitutional amendment
bill was introduced in the Lok Sabha in September
1990. However, the tall of the government resulted
in the lapse of the bill.
Narasimha Rao Government The CongresN
Government under the prime ministership of P
VNarasimha Rao once again considercd the mat
ter of'the constitutionalisation of panchayati raj
bodies. t drastically moditied the proposala in this
regard to delete the controversial aspectN and intro
duced a constitutional amendment bill in the Lok
Sabha in September, 1991, This bill tinally emerged
As the 73rd ConstitutionalAmendment Act, 1992 and
came into force on 24 April, 1993,
73RD AMENDMENT AcT OF 1992
Significance of the Act
This act has added a new Part-IX to the Constitution
of India. This part is entitled as "The Punchayats' and
consists of provisions trom Articles 243 to 243 0.
In addition, the act has also added a new Eleventh
Schedule to the Constitution. This nehedule vontains
29 tunctional items of the panchayats. It deals with
Articlo 243-0.
The act has given u practical shape to Artiele
40 of the Constitution which Nays that, "The State
whall tako steps to organise village panchayats und
endowthem with sueh poworn and authority as may
be tecessury lo euable them to tmctin as units of
Nelf-govemment." This article loma a part of the
Directive Principles otf Stale Policy.
"The act gives a constitutional ntatus to the pan
chayatiraj institutions It has brought them under the
purview of the justiiable part of the Constitution, In
other words, the stale goverments are under const
tutional obligation to adopt the new panchayati eaj
Nystem in acoordanwe with the provisons of the at.
Consequently, ucither the lormation of panchayata
nor the holding of elections at regular intervalx de.
pendon the willof the state governmentany more.
 hatient Feate

iegetaias* ate dutne

hee tie Rystem The st Hviden fo (hree
hse#i he llsge, steedite, and disiiet
hperivd
at f anayati wghut the omtry Moreuve,paehay bstens the

have Gnjnwd hus

Bleetien ef Memben and Chairpersons A words, # panchayat
t ibes of hayate at the vil}age, nenedi olutin ss nnt wnjry
ate and ditidievels shell eleuded dHevtly y the
period
iitmeiete snd dinsut leve shaihe edeeted indi
Disqualifications A
theresst tuwevet ie haio of panchayai at n bein sh disguahfied,
hayat ifhe is
the atate egislature deteminen the tis being
o the leiwatue of the
 Indian Polity
38.8
grouped into two Reservation of Seats The
act can be act
castproevisdes
The provisions of the The compul reservation of seats for scheduled for tha
categories--compulsory and voluntary. act uled tribes in every panchayat
obligatory) provisions of thenew and
sory (mandatory or
state laws creating the levels) in proportion of their (i.e., at all thesched.
have to be included in the voluntary provisions, on population to the tthoretal
population in the panchayat area.
panchayatiraj system. The
be included at the
the other hand, may voluntary
discretion of
legislature shall provide for the Further, the stae
the states. Thus the
provisions of the act of chairperson in the panchayat reservation
at the
of
offices
to take local factors
ensures the right of the states
politico-administrative and others, other level for the SCs and STS.
The act provides for the
vil age
or any
likegeographical, adopting the new panchayati reservation of not le:
into consideration while than one-third of the total number of
raj system. (including the number of seats reservedseats forfor women
wom
the evolution
The act is a significant landmark in the
of grassroot democratic institutions in
the country. belonging SCs and STs). Further., not less than
It transfers the representative democracy
into one-third of the total number of offices of
participatory democracy. It is a revolutionary concept sons in the panchayats at each level shall be reser et chairper-
te build democracy at the grassroot level in the for women.
country. The act also authorises the legislature of a state
to make any provision for reservation of seats in anv
Salient Features panchayat or offices of chairperson in the panchaya
The saiient features of the act are: at any level in favour of backward classes.
Gram Sabha The act provides for a Gram Sabha Duration of Panchayats The act provides for
as the foundation of the panchayati raj system. It is a five-year term of office to the panchayat at e
a body consisting of persons registered in the elec ery level. However, it can be dissolved before the
toral rolis of a village comprised within the area of completion of its term. Further, fresh elections to cot
Panchayat at the vilage level. Thus, it is a village stitute a panchayat shall be completed (a) betore the
assembiy consisting of all the registered voters in expiry of its duration of five years; or (b) in C
the arca of a panchayat. It may exercise such powers of dissolution, before the expiry of a period o! su
and perform such functions at the village level as the months from the date of its dissolution.
legislature of a state determines. (t0r W
But, where the remainder of the period continued)is
Three-Tier System The act provides for a three the dissolved panchayat would have tohod
shall not be necessary
tier system of panchayati raj in every state, that is, less than six months, it panchavattor
panchayais at the village, intermediate, and district any election for constituting the new
dts
ieveis.Thus, the act brings about uniformity in the such period. constituted
uponthe
siructure of panchayati raj throughout the country. Moreover, a panchayat expirationofis
However, a state having a population not before the remainderot
exceeding solution of apanchayat the
20 lakh may not
constitute panchayats at the inter duration shall continue only for panchayatw
mediate level. the period for which the dissolved
so
dissolved. In ds
premature
have continued had it not been atter
Election of Members and reconstituted tivevcal>
the members of
panchayals Chairpersons AII
at the village,
words, a panchayat
enjoy the full period
of
remainderof
the
ate and district levels shaill be intermedi solution does not the
but remains in office only for
people. Further, the chairpersonelected
of
directly by the disqualhti/

intermediate and district levels shallpanchayats at

the
be elected indi
period. be ofpat
personshallmemberl a wk i r
rectly---by and from Disqualifications A being a anyelectios
thereof. However. the amongst the elected members
chairperson of a panchayat at for being chosen as or for (a) underof uner
the village level shall be elected in such chayat if he is so disqualifie,
the purpose or(b)
the state legislature determines. manner as the time being in force for concerned,
legislature of the state
to the
 Panchayati Raj
anylaw made by the state legislature. However, no
personshall be disqualified on the ground that he is
less than 25 years of age if he has attained the age
f 2vears. Further, allquestions of disqualifica
rions shall be referred to such authority as the state
legislature determines.
State Election Commission The superinten
dence. direction and control of the preparation of
electoral rolls and the conduct of all elections to the
panchavats shall be vested in the state election com
mission. It consists of a state election commissioner
to be appointed by the governor. His conditions of
service and tenure of office shall also be determined
by the governor. He shall not be removed from the
ofice except in the manner and on the grounds pre
scribed for the removal of a judge of the state high
court. His conditions of service shall not be varied
to his disadvantage after his appointment.
The state legislature may make provision with
respect to all matters relating to elections to the
panchayats.
Powers and Functions The state legislature may
endow the Panchayats with such powers and author
ty 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 Panchayats at the appropriate
level with respect to (a) the preparation of plans for
cCOnomic development and social justice; (b) the
Impiementation of schemes for economic develop
ment and social ijustice as may be entrusted to them,
including those in relationto the 29
the Eleventh Schedule. matters listed in
Finances
a
The state legislature may (a) authorise
panchayat
duties, to
tolls and levy,
collect and appropriate taxes,
duties, tolls and fees; (b) assign to a panchayat taxes,
fees levied and collected by the state
gover
he nment; (c) provide forconsolidated
panchayats from the
making grants-in-aid to
fund of the
state; and (d) provide for constitution of funds for
crediting al moneys of the panchayats.
Finance
shall, Commission The governor of astate
after every five years, constitute a finance
commis ion to review the financial position of the
panachayats. Governor:
dations to the It shall make the following recommen-
38.9
1. The principles that should govern:
(a) The distribution between the state and
the panchayats of the net proceeds of the
taxes, duties, tolls and fees levied by the
state.
(b) The determination of taxes, duties, tolls
and fees that may be assigned to the
panchayats.
(c) The grants-in-aid to the panchayats from
the consolidated fund of the state.
2. The measures needed to improve the financial
position of the panchayats.
3. Any other matter referred to it by the gover
nor in the interests of sound finance of the
panchayats.
The state legislature may provide for the composi
tion of the commission, the required qualifications
of its members and the manner of their selection.
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 con
solidated fund of a state to supplement the resources
of the panchayats in the states (on the basis of the
recommendations made by the finance commission
of the state).
Audit of Accounts The state legislature may
make provisions with respect to the maintenance
of accounts by the panchayats and the auditing of
such accounts.
Application to Union Territories The presi
dent 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 States and Areas The act does not
apply to the states of Jammu and Kashmir, Nagaland,
Meghalaya and Mizoram and certain other areas.
These areas include, (a)the scheduled areas and the
tribal areas in the states'; (b)the hill area of Manipur
for which a district council exists; and (c) Darjeeling
district of West Bengal for which Darjeeling Gorkha
HillCouncil exists.
However, the Parliament may extend the provi
sions of this Part to the scheduled areas and tribal
areas subject to such exceptions and modifications
as it may specify.
 Indian Polity
38.10
Laws and Pan 13. Roads, culverts, bridges,
Continuance of Existing ferries,
chayats Allthe state laws
relating to panchayats
expiry of one
until the
other means of communication
14. Rural electrification,
including
waterways and
shallcontinue to be in force
year from the
commencement of this act. In other
the new panchayati
electricity
15. Non-conventional energy sources distribution
words, the states have to adoptwithin the maximum 16. Poverty alleviation programme
raj system based on this act 17. Education, including primary and second
1993, which was
period of one year from 24 April, However,
schools
the date of the commencement of this act. 18. Technical training and vOcational education
before the
allthe panchayats existing immediately expiry 19. Adult and non-formal education
commencement of act shall continue till the 20. Libraries
of their term, unless dissolved by the state legisla 21. Cultural activities
ture sooner.
22. Markets and fairs
ConsequentBy, majority of states passed the pan
chayati raj acts in 1993 and 1994 to adopt the new 23. Health and sanitation including hospitals, an:
system in accordance with the 73rd Constitutional mary health centres and dispensaries
Amendment Act of 1992. 24. Family welfare
25. Women and child development
Bar to Interference by Courts in Electoral 26. Social welfare, including welfare of the hand:
Matters The act bars the interference by courts in capped and mentally retarded
the electoral matters of panchayats. It declares that 27. Welfare of the weaker sections, and in particl
the validity of any law relating to the delimitation lar, of the scheduled castes and the scheduled
of constituencies or the allotment of seats to such tribes
constituencies cannot be questioned in any court. It 28. Public distribution system
further lays down that no election to any 29. Maintenance of community assets.
is to be questioned except by an electionpanchayat
petition
presented to such authority and in such manner as
provided by the state legislature. CoMPULSORY AND VOLUNTARY PPROVISIONS
compulso
Eleventh Schedule It contains the following the (ds:e
Now, we will identify separatelyvoluntary
29 functional items
placed within the purview of (obligatory or mandatory) and(features) oft t
panchayats: tionary or optional) provisions (1992) orthePart
1. Agriculture,
including
improvement, agricultural extension
2. Land Constitutional Amendment Act
implementation
forms, land consolidation and soil
of land re of the Constitution:
3. Minor irigation, water conservation
shed development management and water A. Compulsory Provisions Village
4. Animal Sabha in a
5. Fisherieshusbandry, dairying and 1. Organisation of Gram
6. Social
poultry group of villages. the
it
villae,

7. Minor forestry and farm forestry 2. Establishment of panchayats at stth

8. forest produce termediate and district levels.
panchayats

Smal l-scale industries, including food

ing industries
levels.
in chainerson
3. Direct elections to all seatsdistrict
9. Khadi, process village, intermediate and of a n d
dstnt

village and cottage

10. Rural housing 4. Indirect elections tothe post
11. Drinking water industries panchayats at the
intermediate f ocontesi
r

12. Fuel and levels.

fodder 5. 21 years to be the minimum ag°
elections to panchayats.
 Panchayati Raj 38.11

NeSeVation of seats (both

members and chair- of the Panchayats (Extension to the Scheduled Areas)
NISOns)tor SCs andi STs in panchayats at all Act", 1996,popularly known as the PESA Act or the
threelevels. Extension Act.
Reservation of one-third
seats (both members At present (2016), ten states have Fifth Sched
chairpersons) for women in panchayats ule Areas. These are: Andhra Pradesh, Telangana,
nd levels,
a: allthe three Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand.
tor panchayats at all
Ning tenure of five yearselections Madhya Pradesh, Maharashtra, Odisha and Ra
within six
iels and holding fresh any
jasthan. AIl the ten states have enacted requisite
months in the event of supersession of compliance legislations by amending the respective
nanchayat. Panchayati Raj Acts.
sablishment of a State Election Commission
xconducting elections to the panchayats. Objectives of the Act
onstitution of a State Finance Commission
uter every five years to review the financial The objectives of the PESA Act are as follows°.
sition of the panchayats. 1. To extend the provisions of Part IX of the
Constitution relating to the panchayats to the
scheduled areas with certain modifications
ioluntary Provisions tribal
2. To provide self-rule for the bulk of the
IVng representation to members of the Parlia population
mient (both the Houses) and the state legislature 3. To have village governance with participa
sabha
th the Houses) in the panchayats at different tory democracy and to make the gram
icveis falling within their constituencies. a nucleus of all activities
Tvding reservation of seats (both members administrative framework
4. To evolve a suitable
hd chairpersons) for backward classes in consistent with traditional practices
Tanchayats at any level. the traditions and
5. To safeguard and to preserve
communities
Tiatung powers and authority to the panchayats customs of tribal
tu enable the appropriate
them to function as institutions of 6. To empower panchayats atconducive to tribal
-governbodies).
omous ment (in brief, making them au- levels with specific powers
requirements
bvolution of powers and responsibilities upon at the higher level from
7. To prevent panchayats and authority of pan
anchayats t0 prepare plans for econonmic de- assuming the powers gram sabha
elopment and social justice; and to perform
Some or chayats at the lower level of
the
all of the 29 listed in the
enth functions
atniis,ng Schedul
financiael powers Features of the Act
of the Constitution.
to the pachayats, features (or the provisions) of the PESA Act

toprvataeuthorlaixes,
zing dutthemies, tollsto levy,and fees.
collect and The
are as follows:
state legislation on the Panchayats in the
1. A consonance with
Scheduled Areas shall be in religious prac
0F soçial and
1996 (ExTENSION Acr)
the customary law, management practices of
tices andtraditional
community resources.
he of Part
IX of the constitution relat- a habita
ordinarily consist ofhamlet
P1SainoncshayHoats wsuchever,
areas
o
are not applicable to the Fifth
the Parliament may extend
2. A village
tion or
a group
a
shall
group
of
of
hamlets
habitations or a
comprising a community
or

accordance with
m
he Tications asareas,it maysubject to such excep-
specify. Underthis and managing its atlairs in
traditions and customs.
P'arliament has enacted the *Provisions
 Panchayati Raj
6. Reservation of seats (both members and chair
persons) 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 in the event of supersession of any
panchayat.
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.
B. Voluntary Provisions
1. Giving representation to members of the Parlia
ment (both the Houses) and the state legislature
(both the Houses) in the panchayats at different
levels faling 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 au
tonomous bodies).
4. Devolution of powers and responsibilities upon
panchayats to prepare plans for economic de
velopment 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,
tnat is, authorizing them to levy, collect and
appropriate taxes, duties, tolls and fees.
PESA ACT OF 1996 (ExrENSION Acr)
The
provisions
ing to the
of Part IX of the constitution relat-
Panchayats
Schedule areas.
are not applicable to the Fifth
However, the Parliament may extend
these provisions to such areas, subject to such excep-
tions and
provision, modifications as it
the Parliament has
may specify. Under this
enacted the "Provisions
38.1|
of the Panchayats (Extension to the Scheduled Areas)
Act", 1996, popularly known as the PESA Actor the
Extension Act.
At present (2016), ten states have Fifth Sched
ule Areas. These are: Andhra Pradesh. Telangana,
Chhatisgarh,Gujarat, Himachal Pradesh, Jharkhand.
Madhya Pradesh, Maharashtra, Odisha and Ra
jasthan. All the ten states have enacted requisite
compliance legislations by amending the respective
Panchayati Raj Acts.
Objectives of the Act
The objectives of the PESA Act are as follows°:
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 participa
tory democracy and to make the gram sabha
a nucleus of all activities
4. Toevolve 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 trom
assuming the powers and authority of pan
chayats at the lower level of the gram sabha
Features of the Act
The features (or the provisions) of the PESA Act
are as tollows:
1. A state legislation on the Panchayats in the
Scheduled Areas shallbe in consonançe with
the customary law, social and religious prac
tices and traditional management practices of
community resources.
2. Avillage shall ordinarily consist of a habita
tion or a group of habitations or a hamlet or
a group of hamlets comprising a community
and managing its affairs in accordance with
traditions and customs.
 Indian Polity
38.12
consist 11. The recommendations of the
village shall have a Gram Sabha the Panchayats at the Gram Sabha o
3. Everv whose names are
included in the
appropriate level
ing of persons
at the village be mandatory for grant of shall
electoralrolls for the Panchayat or mining lease for minorprospecting
minerals \icencethe
In
level. Scheduled Areas.
shall be competent to safe
4, Every Gram Sabha traditions and customs 12. The prior recommendation of the
guard and preserve thecultural identity, com or the Panchayats at the appropriateGram Sabha
of the people, their leervel
munityresources and the
customary mode of
be mandatory for grant of
concession forshali
exploitation of minor minerals by
13. While endowing Panchayats in the auction.
dispute resolution,
Areas with such powers and authoritySchedul ed
shall-
§ Every Gram Sabha and proj
(i) approve of the plans, programmes as may
ects for social and economic development be necessary to enable them to function a
before they are taken up for implementa institutions of self-government, a State Leg.
tion by the Panchayat at the village level; islature shall ensure that the Panchayats at
and the appropriate level and the Gram Sabha ar.
(ü) be responsible for the identification of endowed specifically with
beneficiaries under the poverty alleviation (i) the power to enforce prohibition or to regu
and other programmes. late or restrict the sale and consumption
6. Every Panchayat at the village level shall be of any intoxicant
required to obtain from the Gram Sabha a cer
tification of utilisation of funds for the above (ii) the ownership of minor forest produce
plans. programmes and projects. (iii) the power to prevent alienation of land in
The reservation of seats in the Scheduled Areas the Scheduled Areas and to take appro
in every Panchayat shall be in proportion to priate action to restore any unlawtully
the population of the communities for whom alienated land ofa Scheduled Tribe
reservation is sought to be given under Part IX markets
of the Constilution. However, the reservation (iv) the power to manage village over money
exercise control
for the Scheduled Tribes shall not be less than (V) the power to
one-half of the total number of seats. Further, lending to the Scheduled Tribes Institu-
control over
al! seats of Chairpersons of Panchayats at all (vi) the power to exercise all social sectors
in
ievels shall be reserved for the Scheduled tions and functionaries re- and
Tribes. local plans
8. The state government may nominate such
(vii) the power to control including tribal
sources for such plans
Scheduied Tribes which have no representation satteguards
in the Panchayat at the intermediate level or sub-plans
shall containhigherlevel
the Panchayat at the district level. But such 14. The State Legislations at the any
Bomination shall not exceed one-tenth of the to ensure that Panchayats of
and authority Grun
Lotal members to be elected in that Panchayat. do not assume the
powers
ofthe
9. The Gram Sabha or the Panchayats at the ap level or
propriate level shall be consulted before mak Panchayat at thelower fol
Sabha. endeavourto
ing the acquisition of land in the Scheduled shall Schedulelothe
Areas for development projects and before 15. The State Legislature Sixth adinistra-
resetting or rehabilitating persons affected by low the pattern of the the dsstrct
such projects in the Scheduled Arcas. How Constitution while designing
Panchayatsat
ever, the actual planning and implementation tive arrangements inthe Areas. Pan-
to
of the projects in the Scheduled Areas shall be
coordnaicd at the state level. levels in the Scheduled law (relatingwhichis
10 Planning and management of minor water bod l6. Any provision of any Areas) thisAt

ies in the Scheduled Arcas shall be entrusted chayats in the Scheduled

provisions of
to Panchayats at theappropriate level. inconsistent with the pr
 Panchayati Raj
shall cease to be in force at the expiry of one
vear from the date on which this Act recejves
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.
FINANCES OF PANCHAYATI RAJ
The Second Administrative Reforms Commission
of India (2005-2009) has summarized the sources
of revenue of the Panchayati Raj Institutions (PRIs)
and their financial problems in the following wayv7a.
1. A major portion of Part IX of the Constitu
tion deals with structural empowerment of
the PRIs but the real strength in terms of both
autonomy and efficiency of these institutions is
dependent on their financial position (includ
ing their capacity to generate own resources),.
In general, Panchayats in our country receive
funds in the following ways:
i) Grants from the Union Government based
on the recommendations of the Central
Finance Commission as per Article 280
of the Constitution.
(i) Devolution from the State Government
based on the recommendations of the
State Finance Commission as per Article
243-I.
(ui) Loans / grants from the State Government.
(iv) Programme-specific allocation under Cen
trally Sponsored Schemes and Additional
Central Assistance.
() Internal Resource Generation (tax and
non-tax).
b. Across the country. States have not given ad
cquate attention to fiscal empowerment of the
P'anchayats. The Panchayats own resources
are meager. Kerala, Karnataka and Tamil
Nadu are the states which are considered to
progressive in PR*s empowerment but even
there, the Panchayats are heavily dependent on
government grants, One can draw the folloW
ing broad conclusions:
(i)
Internal resource generation at the Pan-
chayat level is weak. This is partly due
38.13
to a thin tax domain and partly due to
Panchayats own reluctance in collecting
revenue.
(i) Panchayats are heavily dependent on grants
from Union and State Governments.
(iii) A major portion of the grants both from
Union as well as the State Governments
is scheme specific. Panchayats have lim
ited discretion and flexibility in incurring
expenditure.
(iv) In view of their own tight fiscal position,
State Governments are not keen to de
volve funds to Panchayats.
(v) In most of the critical Eleventh Schedule
matters like primary education, health
care, water supply, sanitation and minor
irrigation even now, it is the State Gov
ernment which is directly responsible for
implementation of these programmes and
hence expenditure.
(vi) Overall, a situation has been created where
Panchayats have responsibility but grossly
inadequate resources:
3. Though, in absolute terms, the quantum of
funds the Union/State Government transfers
to a Panchayat forms the major component of
its receipt, the PRI's own resource generation
is the soul behind its financial standing. It
is not only a question of resources; it is the
existence of a local taxation system which
ensures people's involvement in the affairs of
an elected body. It also makes the institution
accountable to its citizens.
4. In terms of own resource collection, the
Gram
Panchayats are comparatively in a better posi
tion because they have a tax domain of their
own, while the other two tiers are dependent
only on tolls, fees and non-taX revenue for
generating internal resources.
5. State Panchayati Raj Acts have given most of
the taxation powers to Village Panchayats.
The revenue domain of the intermediate and
District Panchayats (both tax as well as non
tax) has been kept much smaller and remains
confined to secondary areas like ferry services,
markets, water and conservancy services, reg
istration of vehicles, cess on stamp duty and a
few others.
38.14 Indian Polity
6 Ashy of varous State Legisiations indicates 4. Overwhelming
that &aumber of taxES, duties. tolls and fees
funding:A reviewdependency
of r on
nme under the jurisdiction of the Village
Panctavsts These interalia inchhde octroi,
source funds shows themoney received:
government
dence of Panchayats on overw helming and own
groper house tax. profession tax, land tax/ When Panchayats do notgovernment depen-
K Nes tolls on vehicles, entertainment tax/
fees hese fees, tax on non-agriculture land, instead receive funds
from
raise
less likely to request a outside. res funding
.ources and
iee on egistration of cattle, sanitation'drain 5. Reluctance to use social aud1t people are
age consenancy AK. water rate tax, lighting
power devolved
fiscal powers: An
rae t . aducstion cess and tax on fairs and
the right to levy GP (Gram IMportantis
festivais.
markets,
tax on Panchayat
fairs and also for property. business
like services
street lighting or public providet
REASONS FOR IKEFFECTIVE few toilets, etc. Ver
PERFORMANCE Panchayats use their fiscal power to
Evet afer coaferring the
and collect taxes.
The argument pushedleyby
otection through the 73 constitutional status and Panchayat heads is that it is difficult to lerv
tax on your own
tbe performance of the Amendment Act (1992), you live in the constituency, especially when
Panchayati Raj Institutions
PRÌs) has not been satisfactory 6. community.
Status of the Gram
and Sabha: Empowering the
expected level. The various reasons not upto the
for this sub Gram Sabhas could have been a powertul
aptirnai periornance are as follows weapon for transparency, accountability
i. Lack of adequate for and
devolution: Many States
have not taken adequate
involvement of the
marginalized sectons.
steps to devolve 3Fs However, a numnber of the State Acts have not
(ie, fnctions, funds and spelt the powers of Gram Sabhas nor have any
the PRis to enable them tofunctionaries) to procedures been laid down for the functioning
discharge their of these bodies or penalties for the otficials
constitutionaliy stipulated
is imperative that the function. Further, it 7. Creation of Parallel Bodies: Often. Part
PRls have resources to
match the lel Bodies (PBs) are created for suppused)
While SFCsresponsibilities
(state finance
entrusted to them. speedy implementation and greater accouni
submitted their commissions) have ability. However, there is little evidence e
few States have recommendations, not many show that such PBs bave avoided the els
implemented
steps to ensure the fiscal these or taken including that of partisan politics, sharingof
2
Excessive control by viability of theIn PRIs. spoils, corruption and elite capture.mainstream
Miss
States, the Gram bureaucracy: some
in a postion of Panchayats have been placed
m
(in particular) often bypassing duality, and
programmes, create disçonnect,
Gram Panchayat subordination. Hence, the
new
and the
alienation between the existing the leg1tt-
extraordinary Sarpanches
amount of time
have to spend structures and functions. PBS usurp the PRIsb
Offices for funds and or visiting Block mate Space of PRIs and demoralizeendow menls
These interactions with the technical approva. virtue of their superior resourcenumber ofGrun
fice distort the role of Block staff of 8. Poor Infrastructure: Alarge not haveecn
representaives,
3. Tied
Sarpanches as elected Panchayats in the country do Percentottie
25
ofthe
aature of funds: This has two full time Secretary. Around basic
tions. The Gram do nÍt have monitor
activiies slated under aimplica Panchayats planning.
scheme are not always certain buildings. The database for of the
cascs.
e?
of the
district
ties being This resulis
appropriate
in
for all parts ing etc., are lacking in mostrepresentatives
knO»

promoted or an unsuitabie activi Alarge number of elected literate and

funds. under-spend of the PR0s are semi-literate orresponsibilities.
little about their roles Systems,
& Oftentor
grammes, procedures,
 Panchayati Raj 38.15

relevant and periodic training, they are only around 20% Gram Panchayats reported so
ofgood, performtheir functions properly. be having computing facility. In some States.
able to
not.
Althoughall the District and Intermediate Village Panchayats do not have any computing
Panchayats are connected with computers, facility.

Articles Related to Panchayats at a Glance

ble 338.2
snticle Ne. Subject-matter
243. Definitions
243A.
Gram Sabha
243B. Constitution of panchayats
243C. Composition of panchayats
243D. Reservation of seats
243E. Duration of panchayats, and so on
243F. Disqualifications for membership
243G. Powers, authority and responsibilities of panchayats
243H. Powers to impose taxes by, and funds of, the panchayats
243-1. Constitution of finance commission to review financial position
243J. Audit of accounts of panchayats
243K Elections to the panchayats
243L
Application to union territories
243M. Part not to apply to certain areas
243N.
Continuance of existing laws and panchayats
43-0.Bar to interference by courts in electoral mattes
e 38.3
Name and Number of Panchayats (2010)8
No. State
Panchayati Raj Institutions Naaber
(including ADCs)
Andhra Pradesh 1. Gram Panchayats
2. Mandal Parishads
3. Zilla Parishads
Arunachal Pradesh 1. Gram Panchayats
2. Anchal Samities
3. Zilla Parishads
Assam 1. Goan Panchayats 2202
2. Anchalic Panchayats
3. Zilla Parishads
4. AutOnomous District Couniis
Bihar I. Village Panchayats S463
2. Panchayat Sannities $31
3. Zilla Parishads
 Panchayati Kaj lnstitutions Number
(including ADCs)
1.Gram Panchayats 9184
Rajasthan 2. Panchayat Samities 237
3. Zilla Parishads 32
1. Gram Panchayats 163
2. Zilla Panchayats 4

TamilNadu
1. Village Panchayats 12618
2. Panchayat Unions 385
3. District Panchayats 29
1. Gram Panchayats 513
Tripura
2. Panchayat Samitics 23
3. Zilla Panchayats 4
4. Autonomous District Councils
52000
Utar Pradesh 1. Gram Panchayats
2. Kshetra Panchayats 820
3. Zilla Panchayats 70

Utarakhand 1. Gram Panchayats 7227

95
2. Internediate Panchayats
13
3. District Panchayats
3354
West Bengal 1.Gram Panchayats 341
2. Panchayat Samities
3. Zilla Parishads 18
239432
AlIndia 1. Gram / Village Panchayats
(including Village Councils) 6087
2. Panchayat Samities
543
3. Zilla Panchayats 14
4. Autonomous District Councils

S4
Mile stones in the Evolution of Panchayati Raj
Awars SFirst Generation Panchayats
polity
Const ituent Assembly debates onthe role of Panchayati Raj in Indian
The January; Direcive Princ1ples of State Policy
Constitutionof India on 26
comes into force government'
Imention vil age panchayats as 'units of self (Art 40)

Communi ty Development Prograamme

Balvantrai Mehta Committee,
starts on 2d October

apponted in January, submits its

report on 24 November
Several state governments enact new Panchayat Acts bringng nthree-tier panchay at systen October
Jawahar lal Nehr u
Keraka District Council
inaugurates the first generation panchayat at
Bill is introduced in Kerala Assembly;
Nagaur inRajasthan on 2
lapses atter Assembly is d1ssolved
Decline of irst generation Panchayali Raj Institutions
(Contd.)
 Indian Polity
38.18

Second Generation Panchayats

H. Growth and Decline of
on party basis on 4th
978
Panchayat elections are held in West Bengal
of second generation of Panchayati
Raj. June-marking the beginning
appointed on 12
Ashok Mehta Committee on working of panchayats, December 1977, submts
its report on 21 August
1983 Karnataka government enacts new PR Act
Hanumantha Rao Committee on district level planning, appointed by Planning Commission it
1984
September 1982, submits its report in May
985 Karnataka PR Act receives President's assent in July; comes into force on 14h August
985 G.V.K. Rao Committee on administrative aspects of rural development, appointed by Planning
Commission on 25 March, submits its report in December
1986 Andhra Pradesh follows West Bengal and Karnataka Panchayati Raj Model
1987 Karnataka holds panchayat elections in January
1990-92 Panchayats are dissolved and brought under administrators in Karnataka
M.Constitutionalisation of Panchayati Raj
1986
LM. Singhvi Committee submits its report on 27 November; recommends constitutional stanus
for panchayats
1986
Consultative Committee of Parliament appoints a sub-committee under chairpersonship
Thungon to consider Constitutional Amendment
I989 64h Constitutional Amendment Bill is introduced in Parliament on 15 May; is defeated in Rajya
Sabha on 15 October
1990 74" Constitutional Amendment Bill is introduced in Parliament on 7 September: lapses on dis-
solution of Lok Sabha
991 720 (Panchayats) and 73"(Municipalities) Amendment Bills are introduced in Parliament;reterd
to the Parliament's Joint
Select Committee in
992
Lok Sabha passes both the Bills September on 23 December
on 22 December: passes them
993
73 Rajya Sabha
Amendment Act, 1992
1993-94
74
Amendment Act, 1992 comes into force on 24 Aprnl
comes into force on 1 June
All state
1994 governments pass Conformity Acts between 30 May, 1993 and 23 April, 194 May
Madhya Pradesh holds dispensation on30
panchayat elections under the 73 Amendment extending 734ne
Provisions of the Panchayats
inent Act to Scheduled Areas,(Extension to the Scheduled Areas) Act, 1996,
Kerala launches People's comes into force on 24 December.
Plan Campaign on l6
Bibar holds panchay at August
2003
83" clections afier 23 years (1-30 April)
tot
Teservations
(ostitulional
Scheduied Castes inAmendment Ac, 2000
anends Art. 243-M to dispense with the
only
slauc

under Arunachal
Vet to hold them elections in
Pradeshpaving
the new
dispensation
way for panchayat
 Panchayati Raj 38.19

Committees Related to Panchayati

Raj (After Constitutionalisation)
Commitee Chairman Appointed in Reported in
Name of the 2001
on Devolution of Powers and Func- Lalit Mathur 2001
Task Force
Raj Institutions
vons to Panchayati 2006
Grassroots V. Ramachandran 2005
Exnert Group on Planning at the
Level 2008
Manual for Smt. Rajwant Sandhu 2008
Task Force for Preparation of a
District Planning 2010 2012
(District V, Ramachandran
Committee on Restructuring ofDRDA
Rural Development Agency) 2012 2013
Panchayats Mani Shankar Aiyar
Expert Committee on Leveraging Goods and
for Efficient Delivery of Public
Services

removed by
election commissioner cannot be
appointed by him.
S AND REFERENCES the governor, though
present (2016), ten states of India have
Int subject of Local Government' is men 5. At Andhra Pradesh,
scheduled areas. These are:
ied in the State List under the Seventh Chhatisgarh, Gujarat,
schedule of the Constitution. Telangana, Jharkhand, Pradesh, Ma
bill was passed by the Lok Sabha on 22 Himachal Pradesh, Madhya
Rajasthan. Presently
Jecember, 1992, and by the Rajya Sabha on harashtra, Odisha and areas
there are a total of ten tribal
December, 1992. Later, it was approved by
e1? state assemblies and received the assent
(2016), four states of
(autonomous districts) in theTripura (1) and
(3),
i he president on 20 April, 1993. Assam (3), Meghalaya
eAct Mizoram (3).
defines all these terms in the following Panchayats in Scheduled Areas,
anner: 6. S.K. Singh, May 2001, P.26.
t Kurukshetra,
Panchayat means an institution (by what-
ever name called) of self-government for 7. This Act received the assent of
December, 1996.
thePresident

Tural areas. on 24 Administrative Reforms Commission,

Gov
Vil age means a village specified bybethea 7a. Second
Government of lndia, Report on Local
gUver nor by public notification to
vil age for this purpose, and includes a ernance, 2007, pp.
151-154.
Government of
Panchayati Raj,
group of villages so specified. Ministry of Raj (2011
7b. Roadmap for the Panchayati
Intervimleadgeiate
the level means alevel between
and district levels specified by
India,
16), pp.l|-12,
8. Report of
the
23 and 7-8,
Thirteenth Finance
I, December
Commission
2009,

purDisptrgover
ose.ict nmeans
or by
public notification for this (2010-2015), Volume
P424-426. 2002, Institute
udge of a adistrict in astate.
October,
9. Panchayati Raj Update,New Delhi.
high court can Sciences,

hisfnitcehebyParlthe iaprmentesid.entThison the recommenda-

be removed from of Social

means that a state

 Indian Polity
Reservation of Seats The act provides for
two
38.8
begroupedinto reservation of seats for scheduled castes and schet
can compul
provisionsoftheact voluntary. The uled tribes in every panchayat (i.e., at all the
The
categories--compulsory and provisionsoftheact
obligatory) creating the new levels) in proportion of their population to the tota
(mandatory or population in the panchayat area. Further, the stae.
sory included in the state laws provisions, on
haveto be The voluntary discretion of
panchayatiraj system. includedat the
legislature shall provide for the reservation of of%
may be provisions of the act of chairperson in the panchayat at the village or a
the otherhand, voluntary STs.
the factors
the states. Thus of the states to take local others, other level for the SCs and
i
ensures the right politico-administrativeand The act provides for the reservation of not
likegeographical, while adopting the new panchayati seats for wome
than one-third of the total number of
into consideration (including the number of seats reserved
for worte
raj system.
significant landmark in the evolution less thz
belonging the SCs and STs). Further, not chane
The act is a country.
institutions in the the total number of offices of
of grassroot democratic
representative democracy into
one-third of
level shall be resena
It transfers the revolutionary concept sons in the panchayats at each
participatory democracy. It is a
grassroot level in the for women.
to build democracy at the legislature ot asa:
country.
The act also authorises the seats in a
for reservation of
to make any provision
in the pancia
panchayat or offices of chairperson classes.
Salient Features
of backward
The salient features of the act are: at any level in favour
it
provides
The act
Gram Sabha The act provides for a Gram Sabha Duration of Panchayats
office to the panchayat 2
as the foundation of the panchayati raj system. It is a five-year term of betor *
it can be dissolved
a body consisting of persons registered in the elec ery level. However, tresh elections loc
Loral rolls of a village comprised within the area of completion of its term. Further, (3)betore
t
Panchayat at the village level. Thus, it is a village stitute a panchayatshall be completed
assembly consisting of all the registered voters in expiry of its duration of five years, of a
periodot'sI
the area of a panchayat. It may exercise such powers
and perform such functions at the village level as the of dissolution, before the expiry
dissolution. (torHdn
legislature of a state determines. months from the date of its period
of the
But, where the remainder
would bave continu
Three-Tier System The act provides for a three ne dissolved panchavat necessary iY
Lier system of panchayati raj in every less than six months, it shall notbe panchavat
panchayats at the village, intermediate,state, that is,
and district any election for constituting
the new
do
levels. Thus,the act brings about such period.
the
Ipon
Sructure of
panchayati raj uniformityin the
Moreover, a panchayat
constituted otp
expiration
However, a state having a throughout the couniry. the remainder
solution of a panchayat beforeforthe
20 lakh may not
constitute
population not exceeding only
duration shall continue dissolved panchayal
mediate level. panchayats at the inter dissolved.
the period for which the beenso prematurs
Election of
the members of Members and
have continued had it not
reeconstituted
yelr
after'oftivet k
ate and district panchayats at theChairpersons All words, apanchayat of
full period
remainder
levels shall be village, intermedi the
solution does not enjoy for the
people. Further, the eleçted directly by the but remains in office only
intermediate chairperson
and district levels
of
shallpanchayats at the period.
disquahti

otnl

rectly--by and from be elected indi be

personshall
member
thereof.
the villageHowever, the anongst the ofelected
a members
Disqualifications A a
being underofeleci
any
the state level shall chai
be rperson
elected in suchpanchayat at
for being chosen as or for
chayat if he is so disqualified,
(a)
ose
)ntr