PANCHAYATS
1. Evolution of Panchayats in India: A Historical Overview
The evolution of Panchayats in India is a testament to the country's commitment to grassroots democracy and decentralized governance. The Panchayati Raj system, aimed at empowering local communities and ensuring effective governance at the grassroots level, has undergone significant changes over the years. The journey of Panchayats in India can be traced through various phases:
Pre-Independence Era:
- Panchayats, historically prevalent in Indian villages, were traditional self-governing bodies responsible for local administration, dispute resolution, and social welfare.
- The British colonial rule introduced the local administration system, which often bypassed traditional Panchayats, resulting in their decline.
Post-Independence Period (1950s - 1970s):
- The Indian Constitution came into force in 1950, emphasizing the significance of local self-government.
- The Balwant Rai Mehta Committee (1957) highlighted the importance of Panchayats for rural development, suggesting their revival and reorganization.
- As a result, several states passed Panchayat Acts to establish Panchayati Raj institutions with limited powers.
1970s - 1980s:
- The Ashok Mehta Committee (1978) and the G. V. K. Rao Committee (1985) reiterated the need for democratic decentralization and strengthening Panchayats.
- The 73rd Constitutional Amendment Act (1992) added Part IX to the Constitution, providing constitutional status to Panchayats and mandating their establishment in rural areas.
- This amendment decentralized political power by assigning functions, powers, and resources to Panchayats, including planning and implementation of schemes for economic development and social justice.
2000s - Present:
- The 73rd Amendment was followed by the 74th Constitutional Amendment (1992), extending similar provisions to urban local bodies.
- States enacted laws to align with the constitutional amendments, enabling Panchayats and municipalities to function effectively.
- Several initiatives, such as the National Rural Employment Guarantee Act (NREGA), channeled funds and responsibilities directly to Panchayats, enhancing their role in poverty alleviation and rural development.
Challenges and Progress:
- Despite legislative advancements, challenges like inadequate funds, political interference, lack of capacity, and gender disparities persist in Panchayat's functioning.
- There has been progress in terms of women's representation, with reservation of seats for women in Panchayats.
2. The 73rd Amendment Act: Empowering Rural Local Governance
The 73rd Amendment Act of 1992 stands as a pivotal milestone in India's democratic journey, marking a significant step towards grassroots empowerment and decentralized governance. Also known as the Constitution (Seventy-third Amendment) Act, this legislation was a response to the need for effective local self-government in rural areas, addressing the disparities and challenges faced by rural communities.
Key Provisions and Objectives: The 73rd Amendment Act aimed to institutionalize a democratic structure for Panchayati Raj institutions, granting them constitutional status and endowing them with specific powers, functions, and responsibilities. The amendment is centered around these crucial aspects:
- Establishment of Panchayats: The Act mandates the establishment of Panchayats in every state, with a three-tier structure – village, intermediate (block), and district levels. This structure aims to bring decision-making closer to the people and enhance local representation.
- Devolution of Powers: Panchayats were empowered with the authority to plan and execute various development schemes and programs at the grassroots level. The subjects entrusted to them include agriculture, health, education, water supply, sanitation, and poverty alleviation.
- Reservation for Marginalized Sections: The amendment introduced a groundbreaking provision for the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in Panchayats. This step aimed to ensure the participation and representation of historically marginalized sections in the local governance process.
- Finance and Resources: Panchayats were granted the power to levy taxes, collect fees, and receive grants from state governments. This financial autonomy aimed to ensure that local governments had adequate resources to undertake developmental activities.
3. Constitutional Provisions
The constitutional provisions relating to Panchayats in India are primarily outlined in the 73rd Amendment Act of the Constitution. This amendment added a new Part IX and the Eleventh Schedule to the Constitution, providing a comprehensive framework for the functioning, powers, and responsibilities of Panchayats. Here are the key constitutional provisions related to Panchayats:
Article 243A: Gram Sabha:
- The Panchayat at the village level is the foundation of the Panchayati Raj system.
- The Constitution recognizes the Gram Sabha as a fundamental unit of democratic governance, consisting of all adult citizens residing in the area of a Panchayat.
Article 243B: Constitution of Panchayats:
- States are mandated to establish Panchayats at the village, intermediate (block), and district levels.
- Each Panchayat level will have a specific number of seats and representatives, as determined by the state legislature.
Article 243C: Composition of Panchayats:
- Reservation of seats for SCs, STs, and women in Panchayats as prescribed by the state legislature.
- One-third of the total seats are reserved for women, including the offices of Chairpersons.
Article 243D: Reservation of Seats:
- This article emphasizes the reservation of seats for SCs and STs in Panchayats in proportion to their population.
- The reservation ensures adequate representation and participation of these marginalized communities.
Article 243E: Duration of Panchayats:
- Panchayats have a fixed term of five years unless dissolved earlier.
- Elections must be held before the expiry of their term.
Article 243G: Powers, Authority, and Responsibilities of Panchayats:
- States are empowered to endow Panchayats with the necessary powers, authority, and responsibilities.
- Panchayats are responsible for the preparation of plans for economic development and social justice.
Article 243H: Powers to Implement Schemes:
- States may assign implementation of certain schemes related to matters listed in the Eleventh Schedule to Panchayats.
- This empowers Panchayats to execute various development programs.
Article 243I: Constitution of Finance Commission:
- The Finance Commission is constituted in every state to review financial position and recommend measures to augment the resources of Panchayats.
Article 243J: Audits and Accounts of Panchayats:
- Panchayats are required to maintain proper accounts and financial records.
- Audits of their accounts are conducted by the Auditor General or any other authority specified by the state legislature.
Eleventh Schedule:
- This schedule lists the subjects under the functions, powers, and responsibilities of Panchayats.
- It includes areas like agriculture, health, education, social welfare, rural development, water supply, and sanitation.
4. Panchayats Extension to Scheduled Areas (PESA) Act of 1996:
- Part IX provision is not applicable to Fifth schedule areas.
- Extension of these provisions with certain modifications in the scheduled area.
- Self-rule with an administrative framework consistent with traditional practices.
Compulsory Provisions
- Organization of Gram Sabha in a village or group of villages.
- Establishment of panchayats at the village, intermediate, and district levels.
- Direct elections to all seats in panchayats at the village, intermediate, and district levels.
Indirect elections to the post of chairperson of panchayats at the intermediate and district levels. - 21 years is the minimum age for contesting elections to panchayats.
- Reservation of one-third of seats for women in panchayats at all three levels. Reservation
of seats for SCs and STs in panchayats at all three levels. - 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.
- Establishment of a State Election Commission for conducting elections to the panchayats.
- State Finance Commission after every five years to review the financial position of Panchayats.
Voluntary Provisions
- Endowing the Gram Sabha with powers and functions at the village level.
- Determining the manner of election of the chairperson of the village panchayat.
- Giving representation to members of the Parliament (both the Houses) and the state legislature (both the Houses) in the panchayats falling within their constituencies.
- Providing reservation of seats for backward classes in panchayats at any level.
- Granting powers and authority to the panchayats to make them autonomous bodies.
- Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all of the 29 functions listed in the
Eleventh Schedule of the Constitution. - Granting financial powers to the panchayats - taxes, duties, tolls, and fees.
- Grants-in-aid to the panchayats from the consolidated fund of the state.
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Previous year Questions
1. Consider the following statements: (UPSC 2016)
1. The minimum age prescribed for any person to be a member of Panchayat is 25 years.
2. A Panchayat reconstituted after premature dissolution continues only for the remainder period.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: B
2. The fundamental object of the Panchayati Raj system is to ensure which among the following? (UPSC 2015)
1. People's participation in the development
2. Political accountability
3. Democratic decentralization
4. Financial mobilization
Select the correct answer using the code given below.
A. 1, 2, and 3 only
B. 2 and 4 only
C. 1 and 3 only
D. 1, 2, 3 and 4
Answer: C
Previous year Mains Questions
1. The reservation of seats for women in the institution of local self-government has had a limited impact on the patriarchal character of the Indian political process”. Comment. (UPSC 2019).
2. Assess the importance of the Panchayat system in India as a part of local government. Apart from government grants, what sources the Panchayats can look out for financing developmental projects? (UPSC 2018)
3. The local self-government system in India has not proved to be an effective instrument of governance”. Critically examine the statement and give your views to improve the situation. (150 words) (UPSC 2017)
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