Having panchayats as self-governing institutions
- The 73rd Amendment of the Constitution of India, which came into effect in 1993, introduced provisions for the establishment of Panchayats in rural areas. This amendment added the new Part IX to the Constitution, which deals specifically with Panchayats
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Levels of Panchayat Raj Institutions:
- Village Panchayats: These are the lowest-level units and operate at the village or ward level. Each village or ward elects its Panchayat, which consists of elected representatives known as Panchas or Panchayat members.
- Intermediate or Block Panchayats: These are at the block or taluka level, comprising elected representatives from various village Panchayats within the block.
- District Panchayats: These function at the district level, with members elected from the intermediate Panchayats
- Members of PRIs are elected by the residents of the respective areas through a democratic process. The head of the Panchayat is known as the Sarpanch at the village level, Pradhan at the block level, and Zila Parishad at the district level
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Functions and Powers:
- PRIs have been assigned specific functions and powers related to local governance, development planning, and resource mobilization. These include rural development, agriculture, water management, health, education, social justice, and economic development.
- They play a vital role in the implementation of various centrally sponsored and state government schemes at the local level.
- The 73rd Amendment emphasizes the devolution of powers to PRIs to ensure greater autonomy and local decision-making. It envisions decentralization of planning, implementation, and monitoring of development programs to the local level
- The Constitution mandates reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in Panchayat Raj Institutions. This aims to ensure the inclusive and equitable representation of marginalized communities in local governance
- Each state in India has its own Panchayati Raj Act, which provides the detailed structure, functions, and powers of PRIs. States may have variations in the number of tiers, the nomenclature of Panchayats, and specific provisions based on local needs
- PRIs play a critical role in rural development by facilitating decentralized planning, implementing welfare programs, and addressing local issues. They act as a bridge between the government and local communities
Three decades have elapsed since the implementation of the 73rd and 74th Constitutional Amendments Acts, envisioning the functioning of local bodies in India as entities for local self-government. As a subsequent measure, the Ministry of Panchayati Raj was established in 2004 with the aim of enhancing the capabilities of rural local governments.
When evaluating the extent of devolution, it is apparent that certain states have made significant progress, while many others have lagged behind. The dedication of state governments to decentralization has played a crucial role in establishing panchayati raj institutions as effective mechanisms for local governance at the grassroots level.
The constitutional amendment has outlined specific details regarding fiscal devolution, encompassing the generation of independent revenues. Stemming from the Central Act, various State Panchayati Raj Acts have incorporated provisions for taxation and collection. In accordance with the stipulations of these Acts, panchayats have endeavored to maximize the generation of their own resources. The Ministry's interventions have culminated in participatory planning and budgeting as the ultimate outcomes of these efforts
- It added a new Part IX to the Constitution, which deals specifically with Panchayats at the village, intermediate (block or taluka), and district levels
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Key Features:
- Three Tiers: The amendment mandates the establishment of Panchayats at three levels – village, intermediate (block or taluka), and district.
- Direct Elections: Members of Panchayats are to be elected directly by the people.
- Reservation: The amendment includes provisions for the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in Panchayats to ensure their inclusive participation.
- Duration: Panchayats have a five-year term
- It added a new Part IXA to the Constitution, which deals specifically with Municipalities (urban local bodies)
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Key Features:
- Three Types of Municipalities: The amendment provides for the establishment of Municipalities at three levels – Nagar Panchayats for transitional areas, Municipal Councils for smaller urban areas, and Municipal Corporations for larger urban areas.
- Direct Elections: Members of Municipalities are to be elected directly by the people.
- Reservation: Similar to Panchayats, the amendment includes provisions for the reservation of seats for SCs, STs, and women in Municipalities.
- Duration: Municipalities have a five-year term
- The expert committee report commissioned by the Ministry of Panchayati Raj on the autonomous generation of revenue by rural local bodies provides a detailed account of State Acts that have integrated both tax and non-tax revenue mechanisms applicable for collection and utilization by panchayats.
- Key sources of revenue, such as property tax, land revenue cess, additional stamp duty surcharge, tolls, professional tax, advertisement tax, and user charges for services like water, sanitation, and lighting, represent significant avenues where panchayats can generate substantial income.
- Panchayats are tasked with creating a favorable environment for taxation by implementing suitable financial regulations. This encompasses decision-making on tax and non-tax bases, determining rates, establishing provisions for periodic revisions, defining exemption areas, and enacting robust tax management and enforcement laws to facilitate collection.
- The substantial potential for non-tax revenue comprises fees, rent, income from sales and hire charges of investments, and receipts.
- Additionally, there are innovative projects capable of generating own-source revenue, including income from rural business hubs, inventive commercial initiatives, renewable energy projects, carbon credits, Corporate Social Responsibility (CSR) funds, and donations
- Gram sabhas play a crucial role in promoting self-sufficiency and sustainable development at the grassroots level by utilizing local resources for revenue generation.
- They are involved in planning, decision-making, and executing revenue-generating initiatives spanning agriculture, tourism, and small-scale industries.
- Empowered with the authority to impose taxes, fees, and levies, gram sabhas allocate funds towards local development projects, public services, and social welfare programs.
- Transparent financial management and inclusive participation ensure accountability, building community trust and empowering villages to achieve economic independence and resilience.
- Consequently, gram sabhas should actively encourage entrepreneurship and cultivate partnerships with external stakeholders to enhance the efficacy of revenue generation efforts.
- In various states, gram panchayats may lack the authority to collect taxes, and in many instances, intermediate and district panchayats are not entrusted with the responsibility of tax collection.
- The distribution of own source revenue (OSR) among the three-tier panchayats needs delineation to ensure equitable sharing. There exists a reluctance to generate own income, partly attributed to an increased allocation of Central Finance Commission (CFC) grants, diminishing the interest of panchayats in OSR collection.
- While the allocation for rural local bodies saw substantial increases in the 14th and 15th CFCs, reaching ₹2,00,202 crore and ₹2,80,733 crore, respectively, the tax collected reduced from ₹3,12,075 lakh in 2018-19 to ₹2,71,386 lakh in 2021-2022.
- Simultaneously, non-tax revenue collected decreased from ₹2,33,863 lakh to ₹2,09,864 lakh. The past competition among panchayats to raise OSR for basic needs has shifted towards dependency on grants from central and state finance commissions. Some states provide matching grants as an incentive, although this approach has been sparingly implemented.
- Panchayats also refrain from penalizing defaulters, viewing OSR as not being linked to panchayat finance
Practice Mains Questions
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