Local Bodies: Panchayati Raj

Aim

Panchayati Raj focus on system of rural local self-government.

Constitutional Provisions

It was constitutionalised through the 73rd Constitutional Amendment Act of 1992.

Committee Related to Panchayat Raj in India

Ashok Mehta Committee (1977)
- Was appointed by the Janata government to make recommendations to strengthen and revive these institutions which were becoming weak.
- Some of its main recommendations were:
  - Three-tier system should be replaced with two-tier system
  - A district should be the first point for decentralization
  - Zila Panchayat should be executive body
  - There should be official participation of the political parties
  - They should have compulsory powers of taxation
  - Regular social audit
  - Elections should be held within six months if Panchayati institutions are superseded
  - A minister for Panchayati raj should be appointed at the state
  - Reservation of seats for SC and ST
  - Constitutional recognition to these institutions
GVK Rao Committee (1985)
- It was appointed by the Planning Commission. The committee observed that bureaucratization of these institutions as the major reason behind the lackadaisical performance of panchayati institutions.
- Some of the important recommendations made by the committee are:
  - Zila Panchayat should be unit for democratic decentralization
  - PRI at the district and lower levels should be assigned an important role with respect to planning, implementation and monitoring
  - A post of district development commissioner should be created. He should be in-charge of the development departments at district level
  - Elections to PRI should be conducted regularly
LM Singhvi Committee (1986)
- It was appointed by the Rajiv Gandhi government. Some of the recommendations made by this committee vis-à-vis PRI include:
  - It should be constitutionally recognized
  - Nyaya panchayats should be established for a cluster of villages
  - Placed emphasis on Gram Sabha as the centre for democratic decentralization
  - Village panchayats should have more resources
  - Judicial tribunals should be established to adjudicate judicial matters related to PRI

Salient Features

Gram Sabha:
- The act provides for a Gram Sabha as the foundation of the panchayati raj system.
- It is a body consisting of persons registered in the electoral rolls of a village comprised within the area of Panchayat at the village level.
Three-Tier System:
- The act provides for a three-tier system of panchayati raj in every state, that is, panchayats at the village, intermediate, and district levels.
Election of Members and Chairpersons:
- All the members of panchayats at the village, intermediate and district levels shall be elected directly by the people. Further, the chairperson of panchayats at the intermediate and district levels shall be elected indi-rectly–by and from amongst the elected members.
Reservation of Seats:
- The act provides for the reservation of seats for scheduled castes and scheduled tribes in every panchayat in three levels in proportion of their population in the panchayat area.
- The state legislature shall provide for the reservation of offices of chairperson in the panchayat at the village or any other level for the SCs and STs.
- The act provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging the SCs and STs) and not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women.
Duration of Panchayats:
- The act provides for a five-year term of office to the panchayat at every level.But it can be dissolved before the completion of its term. Further, fresh elections to constitute a panchayat shall be completed
  - Before the expiry of its duration of five years.
  - In case of dissolution, before the expiry of a period of six months from the date of its dissolution.
- But, where the remainder of the period (for which the dissolved panchayat would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period

Disqualification:
- A person shall be disqualified for being chosen as or for being a member of panchayat if he is so disqualified, (a) under any law for the time being in force for the purpose of elections to the legislature of the state concerned, or (b) under any law made by the state legislature. However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. Further, all questions of disqualifications shall be referred to such authority as the state legislature determines.
State Election Commission
- The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission.
Powers –
- The preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 29 matters listed in the Eleventh Schedule.
Finance
- The state legislature may (a) authorise a panchayat to levy, collect and appropriate taxes, duties, tolls and fees; (b) assign to a panchayat taxes, duties, tolls and fees levied and collected by the state government; (c) provide for making grants-in-aid to the panchayats from the consolidated fund of the state; and (d) provide for constitution of funds for crediting all moneys of the panchayats.

Panchayat Extension to Scheduled Areas (PESA) Act, 1996.

The PESA Act was enacted in 1996 “to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas”.
Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to municipalities and cooperative societies.
Objectives
- To extend the provisions of Part IX of the Constitution relating to the panchayats to the scheduled areas with certain modifications
- To provide self-rule for the bulk of the tribal population
- To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities
- To evolve a suitable administrative framework consistent with traditional practices
- To safeguard and to preserve the traditions and customs of tribal communities
- To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements
- To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha