8A. Panchayati Raj Institution

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Panchayati Raj Institution: Evolution,

Features, Composition, Powers, Functions


Background

 Sir Charles Metcalfe, a British Governor in


India called village Panchayats ‘little
republics’. Village Panchayats consisting of
village elders were autonomous self-
governing bodies which dealt with most
issues of village life without intervention.
B.R.Mehta Committee Report
 Thus, its formal organisation and structure was firstly recommended by Balwant
Rai committee,1957 (Committee to examine the Community Development
Programme,1952 and the National Extension Service 1953).

 The Committee, in its report in November 1957, recommended the establishment of


the scheme of ‘democratic decentralisation’, which ultimately came to be known as
Panchayati Raj. It recommended for a three tier system at village, block and district
level and it also recommended for direct election of village level panchayat.
Rajasthan was the first state to establish Panchayati Raj at it started from Nagaur
district on October 2, 1959.
Ashok Mehta Committee
 Ashok Mehta Committee on Panchayati Raj was appointed in December 1977
and in August 1978 submitted its report with various recommendations to revive
and strengthen the declining Panchayati Raj system in the country.

 Its major recommendation were two tier system of panchayat, regular social audit,
representation of political parties at all level of panchayat elections, provisions for
regular election, reservation to SCs/STs in panchayats and a minister for
panchayati raj in state council of ministers.
G.V.K.Rao Committee
 G V K Rao Committee appointed in 1985 again recommended some measures to
strengthen Panchayati Raj institutions. G.V.K.Rao Committee strongly
recommended the revival of the Panchayati Raj Institutions across the country,
emphasizing the need for transfer of powers from the states to the democratic
bodies at the local level. This committee, however recommended a four tier
structure, Zila Panchayat at the district level, Block Samitis at the block level,
Mandal Panchayat at the Mandal level and Gram Sabha at the village level
 LM Singhvi Committee appointed in 1986 first time recommended for the constitutional
status of Panchayati Raj institutions and it also suggested for constitutional provisions to
ensure regular, free and fair elections to the Panchayati Raj Bodies.

 In response to the recommendations of LM Singhvi committee, a bill was introduced in


the Lok Sabha by Rajiv Gandhi’s government in July 1989 to constitutionalize Panchayati
Raj Institutions, but the bill was not passed in Rajya Sabha.

 The V P Singh government also brought a bill, but fall of the government resulted in lapse
of the bill. After this P V Narashima Rao’s government introduced a bill for this purpose in
Lok Sabha in September, 1991 and the bill finally emerged as the 73rd Constitutional
Amendment Act, 1992 and came into force on 24th April, 1993.
Features of 73rd Amendment Act 1992

 The 73rd Amendment to the Constitution enacted in 1992


added a new part-IX to the Constitution. It also added a
new XI schedule containing list of 29 functional items for
Panchayats and made statutory provisions for the
establishment, empowerment and functioning of
Panchayati Raj institutions. Some provisions of this
amendment are binding on the States, while others have
been left to be decided by respective State Legislatures
at their discretion.
Salient Features of 73rd Amendment

1. Organization of Gram Sabhas;


2. Creation of a three-tier Panchayati Raj Structure at the District
(Zila), Block and Village levels;
3. Almost all posts, at all levels to be filled by direct elections;
4. Minimum age for contesting elections to the Panchayati Raj
institutions be twenty one years;
5. The post of Chairman at the District and Block levels should be
filled by indirect election;
6. Thereshould be reservation of seats for Scheduled Castes/
Scheduled Tribes in Panchayats, in proportion to their population,
and for women in Panchayats up to one-third seats;
7. State Election Commission to be set up in each State to conduct
elections to Panchayati Raj institutions;
8. The tenure of Panchayati Raj institutions is five years, if
dissolved earlier, fresh elections to be held within six months; and
9. a State Finance Commission is to be set up in each State every
five years.
Provisions, which are not binding on the States, but are
only guidelines:

1. Giving representation to the members of the Central and State


legislatures in these bodies;

2. Providing reservation for backward classes; and

3. The Panchayati Raj institutions should be given financial powers in


relation to taxes, levy fees etc. and efforts shall be made to make
Panchayats autonomous bodies.
Three-tier Structure of Panchayati Raj

 Gram Sabha is in the nature of the primary village assembly consisting of the
people themselves and not the representatives.
 It forms the foundational tier of the entire structure of the rural democracy.
 73rd Constitutional Amendment Act,1992 recommended for strengthening of
Panchayati Raj Institutions with the setting up of GramSabha. as its base.
 Gram Sabha Area

 The area covered by a G.S. is generally called Sabha area.


 Two or more neighbouring villages may be grouped to form one Gram Sabha area.
 In Punjab under Punjab Panchayati Raj Act, 1994 every village with a population
of 500 has its own Gram.Sabha.
 Composition

G.S. consists of all eligible voters in the Sabha area, whose names borne on the
electoral roll prepared by Election Commission.

 Office-Bearers Gram.Sabha. has a Chairman(called Sarpanch) and an Executive


Committee (called Panchayat). The members of the Executive Committee are
elected by G.S. from amongst its members.

 Meetings Gram Sabha must hold two general meetings in a year. Under the PPR
Act, 1994 on a request of Panchayat Samiti or Village Panchayat by not less than
1/5 of the total members of Gram Sabha., the Sarpanch shall call an extraordinary
meeting of G.S.

 Quorum: For any meeting of Gram Sabha., 1/5 of the total number of its
members form a quorum.
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

 Sarpanch of Gram Panchayats are ex-officio members of Panchayat Samitis.


However, all the Sarpanch 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
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.
Functions of Gram Panchayat
 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
centres 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.
Functions of Panchayat Samiti
 Panchayat Samitis are at the hub of developmental activities.

 They are headed by Block Development Officers (B.D.Os).

 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
Eleventh schedule of Indian Constitution contains the
following functional items placed within the purview of the
Panchyats
 1. Agriculture including agricultural expansion
 2. Land improvement, implementation of land reforms, land consolidation and soil
conservation.
 3. Animal Husbandry, Dairying and poultry
 4. Fisheries Industry
 5. Minor irrigation, water management and watershed development
 6. Social forestry and farm forestry
 7. Small scale industries in which food processing industry is involved
 8. Minor forest produce
 9.  Safe water for drinking
 10. Khadi, village and cottage industries
 11. Rural housing
 12. Fuel and fodder
 13. Rural electrification, including distribution of electricity
 14. Road, culverts, bridges, ferries, waterways and other means of communication
 15. Education including primary and secondary schools
 16. Non-conventional sources of energy
 17. Technical training and vocational education
 18. Adult and non-formal education
 19. Public distribution system
 20. Maintenance of community assets
 21. Welfare of the weaker sections of the in particular of the schedule caste and schedule
tribes
 22. Social welfare, including welfare of the handicapped and mentally retarded
 23. Family welfare
 24. Women and child development
 25. Markets and Fairs
 26. Health and sanitation including hospitals, primary health centres and dispensaries
 27. Cultural activities
 28. Libraries
 29. Poverty Alleviation Programme
Critical Analysis of Experiences, Issues, Challenges and Opportunities after 25 Years of
the Landmark Amendments

 . Unscientific distribution of functions:

 The Panchayati Raj scheme is defective in so far as the distribution of functions between the
structures at different levels has not been made along scientific lines. The blending of
development and local self- government functions has significantly curtailed the autonomy of
the local self government institutions.

 Again it has virtually converted them into governmental agencies. Even the functions assigned to
the Panchayat and the Panchayat Samiti overlap, leading to confusion, duplication of efforts and
shifting of responsibility.
 Incompatible relation between the three-tiers:

The three-tiers do not operate as functional authorities. The tendency on the part of the higher
structure to treat the lower structure as its subordinate is markedly visible. M. P. Sharma
rightly observes the hierarchical domination and predominance, “filters down step by step
from Zila Parishad to Panchayat Samiti and from them to the Village Panchayats” Needless to
state that this kind of mutual relationship is not in commensurate with the genuine spirit of
democratic decentralisation.
Inadequate finance:

 The inadequacy of funds has also stood in the way of successful working of the Panchayati
Raj. The Panchayati Raj bodies have limited powers in respect of imposing cesses and taxes.
They have very little funds doled out to them by the State Government. Further, they are
generally reluctant to raise necessary funds due to the fear of losing popularity with the
masses.

Lack of cordial relation between officials and people:

 Introduction of the Panchayati Raj aimed at securing effective participation of the people. But
in reality this hardly happens since the key administrative and technical positions are manned
by the government officials.
 Undemocratic composition of various Panchayati Raj institutions:

Various Panchayati Raj Institutions are constituted setting aside democratic norms
and principles. The indirect election of most of the members to Panchayat Samiti
only increases the possibility of corruption and bribery. Even the Zila Parishad
consists of mainly ex-officio members. They are, for the most part, government
officials. This negates sound democratic principles.
 Disillusionment on structural-functional front:

The performance of Panchayati Raj Institutions has been vitiated by political cum caste
factionalism, rendering developmental projects into chimeras. Corruption, inefficiency, scant
regard for procedures, political interference in day to day administration, parochial loyalties,
motivated actions, power concentration instead of true service mentality- all these have stood
in the way of the success of Panchayati Raj. Furthermore, the power to supercede the local
bodies on the part of the State Government clearly violates the spirit of democratic
decentralisation.
 Administrative Problem:

The Panchayati Raj bodies experience several administrative problems. They are the tendency
towards politicization of the local administration, lack of co-ordination between the popular
and bureaucratic elements, lack of proper incentives and promotion opportunities for
administrative personnel and apathetic attitude of the government servants towards
development programmes etc.
 Politics is an inevitable part of a democratic frame -work:

 The manipulative nature of rural politics is manifest in the techniques used at the time of
elections. The fact-finding research teams observe that the caste system in rural India has
made a mockery of the concept of rural development. Even the Panchayat elections are
fought on caste grounds and the traditional dominant castes have manoeuvred in such a
way that they still occupy the positions of power in the changed set-up.
 It is being increasingly noticed that the Panchayati Raj Institutions are viewed
only as organisational arms of political parties, especially of the ruling party in
the state. The State Government, in most states, allows the Panchayati Raj
Institutions to function only upon expediency rather than any commitment to the
philosophy of democratic decentralisation

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