UPSC COURSE

VIDEO- 90

POLITY

PANCHAYATI RAJ
BY DEWASHISH AWASTHI
 PANCHAYATI RAJ
Article 40:
The state shall take steps to organize village panchayats and endow them with such powers and authority as may
be necessary to enable them to function as units of self-government.

The Panchayati Raj is the Rural Local Self Government.

‘Local Government’ is mentioned in the State list of 7th schedule of the Indian Constitution.

The Panchayati Raj was not a part of the original Constitution.

The Panchayati Raj was made a constitutional body through the 73rd amendment Act of 1992.
 Evolution of Panchayati Raj
The government has launched Community Development Programme (CDP) in the year 1952.

The government has launched National Extension Service (NES) in the year 1953.

BACK GROUND:

In the year 1957 the Government of India appointed Balwant Rai Mehta Committee (B R Mehta
Committee).

The B R Mehta Committee was appointed to look into the functioning of CDP and NES

The B R Mehta Committee submitted the report in November 1957.

The Committee recommended the establishment of the scheme of ‘Democratic Decentralization” which
is also known as Panchayati Raj.
Rajasthan was the first state to establish the Panchayati Raj in India on October 2, 1959.

B R MEHTA COMMITTEE RECOMMENDATION 1957

B R Mehta Committee recommended for the establishment of 3-tier structure Panchayati Raj system.

• Gram (village) Panchayat - Village Level

• Panchayati Samiti - Block Level

• Zilla Parishad - District Level

 ASHOK MEHTA COMMITTEE:
In December 1977 (Janata Party Government) the Prime Minister Morarji Desai appointed a
committee on Panchayati Raj institutions.

Ashok Mehta was the chairman of the committee.

The Ashok Mehta Committee submitted the report in August 1978.

To strengthen the Panchayati Raj system the Ashok Mehta Committee made 132 recommendations.

The Committee recommended for the adoption of 2 tier structure.

• Zilla Parishad - District Level

• Mandal Panchayat - Mandal Level

Mandal Panchayat is a group of villages with a population of 15,000 to 20,000

NOTE: No action was taken on the recommendations of the Ashok Mehta Committee report as the Janata
Party government stepped down before the term due political turmoil.

GVK RAO COMMITTEE:

In the year 1985 the Planning Commission appointed a committee on Administrative Arrangement for Rural
Development and Poverty Alleviation Programme.

According to the G V K Rao committee the phenomenon

of bureaucratization weakened the Panchayati
Raj institutions.

The committee recommended for the revitalization of the

entire Panchayati Raj system.
 L M SINGHVI COMMITTEE:
L.M. Singhvi Committee was constituted in 1986 to study the problems faced by panchayat raj
institutions by Rajiv Gandhi government

The committee recommended that a new chapter should be added to the Constitution for the same purpose.
(First Committee to recommend Constitutional Status )

After the recommendations of the above committees, then Prime Minister Rajiv Gandhi made an
attempt to provide the constitutional status to the PRIs (Panchayati Raj bodies).

Thungon Committee (1988)

Gadgil Committee (1988)

In July 1989, the Rajiv Gandhi Government introduced 64th Constitutional amendment bill.
 The bill was not passed in the Rajya Sabha.

The 64th amendment bill was lapsed.

In the year 1989 National Front government was formed at the Central level.

V. P. Singh was appointed as the Prime Minister of India.

But the government collapsed

After the elections of 1991 P V Narasimha Rao became the Prime Minister of India.

NOTE: During the election campaign on May 21, 1991 Rajiv Gandhi was assassinated.

The bill was introduced in the form of 73rd constitutional amendment bill.
The President gave his assent (President (Shankar Dayal Sharma) on April 20, 1993.

This became the 73rd Constitution amendment Act, 1992.

SALIENT FEATURES OF THE 73RD AMENDMENT ACT 1992

This act added Part-IX to the Constitution.

This act also added new article from 243A to 243O (English alphabet ‘O”).

Note: This means 243A, 243B, 243C …243O.

The 73rd amendment act also added 11th schedule to the Constitution of India.

The 11th schedule contains 29 subjects.

GRAM SABHA: (243 A)

All the adult members are in the village is the Gram Sabha.

This means that all the persons registered in the electoral rolls of a village is the Gram Sabha.

The Gram Sabha functions are determined by the state legislature.

 ESTABLISHMENT OF 3-TIER STRUCTURE:(243 B)

The act provides for the establishment of a 3-tier panchayati Raj structure at the state level to bring the
uniformity throughout the country.

• Village Level - Village Panchayat

• Mandal Level (intermediate) - Mandal Panchayat

• Zilla Parishad - District Level

But, a state with a population not exceeding 20 Lakh may not constitute Mandal Panchayat.

Note: It means the states with a population less than 20 lakh may constitute only Village Panchayat and Zill Parishad.
ELECTIONS:(243 C)

All the members of the Panchayats at all levels

• Village

• Mandal

• District

Shall be elected directly by the people.

The manner and procedure of election Chair person at the village level (Sarpanch or President) is determined
by the state legislature.

The chair persons of Mandal Panchyat (Madal President) and Zill Parishad (Chairman) shall be elected
indirectly from amongst the elected members.
RESERVATION OF SEATS:(243 D)

Article 243 D provides the reservation of seats for SCs and STs.

The Scheduled Caste and Scheduled Tribes are provided with the reservation of seats at all the three
levels in proportion to their population.

Further, state legislature shall provide for reservation of offices of chairperson in panchayat at all levels for
SCs & STs

The women are provided with the reservation at all the three levels.

Not less than the 1/3rd of the total number of seats shall be reserved for women (Members & Chairperson).

The state legislatures may make any provision for reservation of seats in any panchayat or offices of
chairpersons in the Panchayat at any level in favour of backward classes.
TERM OF PANCHAYATS:(243 E)

The term of office is 5 years.

The office can be dissolved earlier before the completion of the term in accordance with the procedure
prescribed by state law.

In case of dissolution election should be conducted before the expiry of the 6 months from the date of
dissolution.

A Panchayat that is reconstituted after premature dissolution shall continue only for the remainder of the
period.
DISQUALIFICATIONS:(243 F)

If a person is disqualified under any law for the time being in force for the purpose of elections to the
legislature of the state concerned.

If a person is disqualified under any law made by the state legislature.

All questions of disqualifications shall be referred to such authority as the state legislature determines.

A person who attained the age of 21 years is eligible to contest in the Panchayat elections
POWERS, AUTHORITY AND RESPONSIBILITIES OF PANCHAYATS: (Article-243G)

The State legislatures confer on the panchayats such powers and authority as may be necessary to
enable them to function as institutions of self government.

Thus the 11th schedule distributes powers between the state legislature and panchayats. (29 Items)
 POWERS OF PANCHAYATS TO IMPOSE TAXES :(243 H)

State legislature may authorize the panchayats to levy, collect and appropriate taxes, duties, tolls etc.

The state legislature can also assign to a panchayat various taxes, duties etc collected by the state government.

From the Consolidated Fund of the State Grants-in-aid may be given to the Panchayats
 STATE FINANCE COMMISSION:(243 I)

The State Finance Commission is constituted by the Governor every 5 years.

The state finance commission recommends about the division of net proceeds of taxes, duties, tolls and fees
leviable by the state may be divided between the state government and the Panchayats and how allocation would
be made among various levels of Panchayats.

The State Finance Commission also recommends about the grants-in-aid to be given to the panchayats.

The State finance Commission submits the report to the Governor laid before to the state legislature by the
Governor.
AUDITING OF PANCHAYAT ACCOUNTS:(243 J)

The provisions are made by the state legislature with respect to the maintenance of accounts by
the panchayats and the auditing of such accounts.

STATE ELECTION COMMISSION:(243 K)

Article 243K provides for the constitution of a state Election Commission.

The State Election Commissioner is appointed by the Governor.

The State Election Commissioner can be removed in the same manner

and on the same grounds as a judge of a High Court.
 The State Legislature has the power to legislate on all matters relating to elections to panchayats.

An election to a panchayat can be called in question only by an election petition which should be presented
to such authority and in such manner as may be prescribed by or under any law made by the state legislature.

Applications to Union Territories (243 L)

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(243 M)

The provisions of part IX are not applicable to the following:

•Entire states of Nagaland, Meghalaya and Mizoram and certain other aeas.
The act is also not applicable to Scheduled areas and tribal areas. (5th & 6th schedule)
 Panchayats (Extension to Scheduled Areas) Act, 1996

Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of
India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Areas
of India.

Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India.

Scheduled Areas are found in ten states of India which have predominant population of tribal communities.

The Scheduled Areas, were not covered by the 73rd Constitutional Amendment or Panchayati Raj Act of the
Indian Constitution as provided in the Part IX of the Constitution.

PESA was enacted on 24 December 1996 to extend the provisions of Part IX of the Constitution to Scheduled
Areas , with certain exceptions and modifications.
Continuance of Existing Laws(243 N)

All states should adopt new panchayati raj system within 1 year from 24 April 1993.

Bar on Interference by Courts(243 O)

Article 243 O bars the courts to interfere in the Panchayat Matters.

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.
SUBJECTS IN THE 11TH SCHEDULE OF THE INDIAN CONSTITUTION:

The 11th schedule contains 29 subjects.

• Agriculture, including agricultural extension.

• Land improvement, implementation of land reforms, land consolidation and soil conservation.

• Minor irrigation, water management and watershed development.

• Animal husbandry, dairying and poultry.

• Fisheries

• Social forestry and farm forestry

• Minor forest produce etc