Panchayati Raj

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1. Introduction and Evolution

Panchayati Raj is the system of rural local self-government in India. It was constitutionalised through the 73rd Constitutional Amendment Act of 1992 to build democracy at the grass roots level.

Evolution of Panchayati Raj System: Post-independence, the Community Development Programme (1952) and National Extension Service (1953) were launched but failed to deliver. To examine their working and suggest measures, several committees were appointed by the Government of India over the decades.

2. Major Committees on Panchayati Raj

  • Balwant Rai Mehta Committee (1957): Recommended the establishment of a three-tier Panchayati Raj system: Gram Panchayat at village level, Panchayat Samiti at block level, and Zila Parishad at district level. Rajasthan was the first state to establish Panchayati Raj (Nagaur district, Oct 2, 1959).
  • Ashok Mehta Committee (1977): Appointed by Janata Govt. Recommended a two-tier system: Zila Parishad at district level and Mandal Panchayat (group of villages). Recommended official participation of political parties at all levels of Panchayat elections.
  • G.V.K. Rao Committee (1985): Concluded that development process was gradually bureaucratised and PRIs were weakened ("grass without roots"). Recommended regular elections and making Zila Parishad the pivotal body.
  • L.M. Singhvi Committee (1986): First to recommend that PRIs should be constitutionally recognized, protected and preserved. Sparked the constitutional amendment process.

3. 73rd Constitutional Amendment Act, 1992

This Act added a new Part IX to the Constitution titled "The Panchayats" (Articles 243 to 243O). It also added the Eleventh Schedule containing 29 functional items of the panchayats.

Significance: It gave practical shape to Article 40 of DPSP ("State shall organise village panchayats"). The Act has two parts:

  • Compulsory (Mandatory) Provisions: Must be incorporated into state laws (e.g., three-tier system, direct elections, 33% women reservation, SEC, SFC).
  • Voluntary (Discretionary) Provisions: Left to the discretion of states (e.g., representation of MPs/MLAs, reservation for backward classes, granting financial powers).

4. Compulsory Provisions Details

  • Gram Sabha: A village assembly consisting of all registered voters. The foundation of PRI.
  • Three-Tier System: Village, intermediate, and district levels. (States with population under 20 lakhs may skip the intermediate level).
  • Election of Members: All members at all three levels are elected directly by the people. Chairpersons at intermediate and district levels are elected indirectly. (Village chairperson election mode is left to state legislature).
  • Reservation of Seats: For SCs/STs in proportion to population. Not less than 1/3rd of total seats and chairperson posts are reserved for Women.
  • Duration: Five-year term. If dissolved earlier, fresh elections must be held within six months.
  • State Election Commission (SEC): Created for superintendence, direction, and control of electoral rolls and conduct of elections.

5. Finances and State Finance Commission

  • State Finance Commission: The Governor constitutes it every five years to review the financial position of panchayats and recommend principles regarding distribution of taxes between state and panchayats, determination of taxes/tolls to be assigned to panchayats, and grants-in-aid from the Consolidated Fund of the State.
  • The Central Finance Commission also suggests measures to augment the state consolidated fund to supplement panchayat resources.

6. PESA Act, 1996 (Extension Act)

The 73rd Amendment provisions do not apply to Fifth Schedule areas (tribal areas in 10 states). Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.

  • Objectives: To extend Part IX to Scheduled Areas, provide self-rule for bulk of tribal population, and safeguard their traditions and customs.
  • Features: Every village shall have a Gram Sabha which is competent to safeguard tribal traditions, cultural identity, and community resources. Gram Sabha has power to approve plans, identify beneficiaries, and gets right of mandatory consultation in land acquisition, minor water bodies management, and mining leases.