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EDITORIAL ANALYSIS: Having panchayats as self-governing institutions

Having panchayats as self-governing institutions

 
 
Source: The Hindu
 
For Prelims: 73rd and 74th Constitutional Amendments Act, Panchayati Raj Acts
For Mains: General Studies III: Devolution of taxes, Central Finance Commission (CFC) grants, Corporate Social Responsibility (CSR)
 
 
Highlights of the Article
 
Panchayat Raj Institutions
73rd and 74th Constitutional Amendments Act
Corporate Social Responsibility (CSR)
Finance Commission
 
 
Context
Three decades have passed since the 73rd and 74th Constitutional Amendments Acts came into effect, which envisaged that local bodies in India would function as institutions of local self government. As a follow up, the Ministry of Panchayati Raj was constituted in 2004 to strengthen rural local governments
 
UPSC EXAM NOTES ANALYSIS
 
1.Panchayat Raj Institutions in India
 
 
Panchayat Raj Institutions (PRIs) in India are local self-government bodies at the village, intermediate, and district levels. The term "Panchayat Raj" translates to "rule of the village council" and signifies decentralized governance at the grassroots level. The establishment and functioning of PRIs in India are guided by the constitutional amendment provisions and subsequent legislation.
 
Here's an overview:
 
  • 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
  • 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
  • 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
2.73rd and 74th Constitutional Amendments Acts
 
 
The 73rd and 74th Constitutional Amendment Acts were landmark amendments to the Constitution of India, enacted in 1992, aimed at promoting decentralization of power and strengthening local self-government in rural and urban areas. These amendments introduced provisions for Panchayats (local self-government in rural areas) and Municipalities (local self-government in urban areas), respectively.

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

 
2.1.73rd Constitutional Amendment Act (1992):
  • It added a new Part IX to the Constitution, which deals specifically with Panchayats at the village, intermediate (block or taluka), and district levels
  • 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
74th Constitutional Amendment Act (1992):
  • It added a new Part IXA to the Constitution, which deals specifically with Municipalities (urban local bodies)
  • 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
 
3. Abode for Own Source of Revenue
 
  • 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
4. Statistics regarding Self Sufficient Gram Sabhas
 
  • 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
5.Conclusion
 
Despite every enabling factor to raise revenue, panchayats confront several impediments in resource mobilisation: the ‘freebie culture’ rampant in society is the cause for the antipathy in paying taxes. Elected representatives feel that imposing taxes would alter their popularity adversely. Here, the answer is clear. There is a need to educate elected representatives and the public on the significance of raising revenue to develop panchayats as self-governing institutions. Ultimately, the dependency syndrome for grants has to be minimised and in due course, panchayats will be able to survive on their own resources. Panchayats can only achieve such a state of affairs when there are dedicated efforts in all tiers of governance, which includes even the State and central level.
 

 

Practice Mains Questions
 
  1. Discuss the significance of the 73rd and 74th Constitutional Amendment Acts in the context of decentralization and local self-governance in India. Highlight their key provisions and impact on rural and urban governance.

  2. Examine the challenges faced by Panchayati Raj Institutions in India in achieving effective decentralization. Discuss the role of state governments in promoting the devolution of powers to local bodies.

  3. Critically analyze the role of Gram Sabhas in local self-governance and sustainable development. Highlight their functions, powers, and the challenges they encounter in fostering community participation and accountability.

  4. Evaluate the role of Panchayats in rural development, focusing on their functions, powers, and the challenges they face in implementing developmental programs. How can Panchayats contribute to achieving sustainable development goals?


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