Showing posts with label 73rd Constitutional Amendment. Show all posts
Showing posts with label 73rd Constitutional Amendment. Show all posts

Sunday, July 2, 2023

PANCHAYAT RAJ SYSTEM – A LOCAL SELF-GOVERNMENT

July 02, 2023 0

PANCHAYAT RAJ SYSTEM – A LOCAL SELF-GOVERNMENT

This article will be discussing about the concept of Panchayat Raj system in India

 

1. INTRODUCTION:

 

·A three-tire structure of the Indian Constitution in Indian administration for the rural development is called Panchayat Raj.

·Lord Ripon regarded to have been the father of the Local Self-Government and laid down the foundation of representative institution in India.

·The aim of the Panchayat Raj system is to develop Local Self-Government in district, intermediate and village levels.

·The Constitution of India Article 40 enjoined, “The State shall take steps to organize village panchayat and endow them with such powers and authority as may be necessary to enable them to function as unit of Local Self-Government”.

·Rajasthan and Andra Pradesh were the first two State adopted Panchayat Raj in 2nd October 1959 and subsequently, other states were also started to adopt Panchayat Raj system.

·The Constitution (73rd Amendment) Act, 1992 added a new Part IX in the Constitution envisages foundation of Panchayat Raj system.

 

2. BALWANT RAI MEHTA COMMITTEE:


·The committee was appointed in 1957, to examine and suggest measures for better working of the Community Development Programme and the National Extension Service.


·The committee suggested for the establishment of a democratic centralised local government which come to be known as the Panchayati Raj.

2.1. RECOMMENDATIONS OF THE COMMITTEE:


·Establish three-tire Panchayat Raj system: Gram Panchayat, Panchayat Samiti and Zila Parishad;

·Directly elected representatives to constitute the Gram Panchayat and indirectly elected representatives to constitute the Panchayat Samiti and Zila Parishad;

·Panchayat Samiti should be the executive body and Zila Parishad will act as the advisory and supervisory body.

·District Collector to be made the chairman of the Zila Parishad.

3. ASOK MEHTA COMMITTEE:


·The Committee was appointed in 1977 to suggest measures to revive and strengthen the declining Panchayat Raj System in India.


3.1. KEY RECOMMENDATIONS OF THE COMMITTEE:


·The three-tire system should be replaced with a two-tire system: Zila Parishad (District Level) and the Mandal Panchayat (a group of villages);

·The intuitions (Zila Parishad and the Mandal Panchayat) to have compulsory taxation powers to mobilize their own financial resources.


4. GVK RAO COMMITTEE:


· The Committee was appointed by the Planning Commission in 1985.


4.1. RECOMMENDATIONS OF THE COMMITTEE:


·The district and the lower level of Panchayat Raj System to be assigned with specific planning, implementation and monitoring of the rural development programmes;

·Post of the District Development Commissioner to be created. He will be the Chief Executive Officer of the Zila Parishad;

·Elections to the levels of Panchayat Raj System should be held regularly.

5. LM SINGHVI COMMITTEE:


·The Committee was appointed by the Government of India in 1986 with the main objective to recommend steps to revitalize the Panchayat Raj system for democracy and development.


5.1. RECOMMENDATION OF THE COMMITTEE:


·The committee recommended that the Panchayati Raj system should be constitutionally recognized.

·Provide constitutional provisions to recognize free and fair elections for the Panchayati Raj System.

6. 73RD CONSTITUTION AMENDMENT ACT OF 1992:


Due to the sustained effort of the civil society organization, intellectuals and progressive political leaders, the Parliament passed two amendments to the Constitution – 73rd Constitutional Amendment for rural local bodies (Panchayat) and 74th Constitutional Amendment for urban local bodies (Municipalities) making them ‘Institutions of Self-Government’.


6.1. SIGNIFICANCE OF THE ACT OF 1992:


·On 24th April 1993, the Constitutional (73rd Amendment) Act of 1992 came into force.


·Act added Part – IX to the Constitution consisting of 16 Articles and new schedule “Schedule Eleven”.

·Eleventh Schedule contains 29 subjects on which the Panchayats shall have administrative control.

·Part – IX (The Panchayat) of the Constitution contains Article 243 to 243O.

·The Amendment Act provides shape to Article 40 of the Constitution (i.e., DPSP), which directs the State to organize a village panchayat and provide them powers and authority so that they can function as Self-Government.

6.2. SALIENT FEATURES OF THE ACT (EMBODIED ARTICLES IN THE CONSTITUTION)  


i. Gram Sabha (243A):


·Envisaged the Gram Sabha as the foundation of Panchayat Raj system.


·Gram Sabha means a body of consisting of persons registered in electoral rolls relate to a village comprised within the area of Panchayat at the village level.

·Power and functions of Gram Sabha would be as provide by State legislature.

 

ii. Constitution of Panchayat (243B):


·It visualizes a three-tire Panchayat Raj System: Village, intimidate and District levels.

·Small State having a population not exceeding 20 lakhs have been given an option not constitute the Panchayat at intermediate level.

iii. Composition of Panchayats (243C):


·There shall be election in Panchayat level to fill the number of seats in Panchayat.

·The chairpersons of the intermediate and district levels of the Panchayati Raj are indirectly elected from the elected members, and at the village level, the chairperson is elected in accordance with state government policy. Members of all Panchayati Raj levels are directly elected.

·In Panchayat meetings, the Chairperson of a Panchayat and other members, whether or not directly elected from territorial constituencies in the Panchayat area, have the right to vote.

iv. Reservation of seats (243D):


·Reservation to be provided at all the three tiers in accordance with their population percentage.

·Not less than 1/3 of the total number of seats to be reserved for women, further not less than 1/3 of the total number of offices for chairperson at all levels of the panchayat to be reserved for women.

·State legislatures are also given the provision to decide on the reservation of seats in any level of panchayat or office of chairperson in favour of backward classes.

v. Duration of Panchayat (243E):


·Every Panchayat shall continue for Five (5) years. Although, the panchayat can be dissolved before the completion of its term.


·Fresh elections to constitute the new panchayat shall be completed- before the expiry of its five-year duration. In case of dissolution, before the expiry of a period of six months from the date of its dissolution.

vi. Disqualification of membership (243F):


A person shall be disqualified for being chosen as and for being a member of Panchayat if he is so disqualified –


·Under any law for the time being in force for the purpose of elections to the legislature of the state concerned.

·Under any law made by the state legislature.

·Apart from that, 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.

vii. Powers, authority and responsibility of Panchayat (243G):


Legislature may by law impose the Panchayat any power, authority and responsibility as may be necessary to functions as institute of Self-Government, in respect to the


·Preparation of plans for economic development and social justice.

·The implementation of schemes for economic development and social justice as may be entrusted to them, as in relation to the matters listed in the Eleventh Scheduled.

viii. Power to impose taxes and funds of Panchayat (243H):


State Legislature empowered to make provision for imposing taxes etc. by the Panchayat. Such a law -


·Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and fees in accordance with such procedure and subject to such limits.


·Assign to a panchayat taxes, duties, tolls and fees levied and collected by the state government for such purposes.

·Provide for making such grants-in-aid to the panchayats from the consolidated fund of the state; and

·Provide for the constitution of such funds for crediting all moneys received, by or on behalf of the panchayats.

 

ix. Finance Commission (243I):


·The state finance commission reviews the financial position of the panchayats and provides recommendations for the necessary steps to be taken to supplement resources to the panchayat.


x. Audit of Accounts of Panchayat (243J):


State legislature may make, by law, provisions with respect to maintenance and audit of panchayat accounts.


xi. Elections to the Panchayats (243K):


·Constitution of State Election Commission consisting of the State Election Commissioner to be appointed by the Governor.


·The commission is responsible for superintendence, direction and control of the preparation of electoral rolls and conducting elections for the panchayat.

·The state legislature may make provisions with respect to all matters relating to or in connection with elections to the panchayats.

xii. Application to Union Territories (243L):


·The President may direct the provisions of the Act to be applied on any union territory subject to exceptions and modifications he specifies in the notification.

xiii. Exempted states and areas (243M):


Article 243M provides that Part IX shall not apply to the following areas –


·The Act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other areas. These areas include,


·The scheduled areas and the tribal areas in the states

·The hill area of Manipur for which a district council exists

·Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.


xiv. Continuance of existing laws and Panchayats:


·Until one year has passed since the beginning of this Act, all state laws pertaining to panchayats shall remain in effect. However, all the Panchayats existing immediately before the commencement of the Act shall continue till the expiry of their term, unless dissolved by the state legislature sooner.


xv. Bar to interference by courts (243O):


·It bars the interference by courts in electoral matters of Panchayat.


·The validity of any law relating to the elimination of constituencies or the allotment of seats to such constituencies shall not be called in question in any Court.

·Validity of an election to any panchayat can be challenged only through an election petition as may be provided by the Legislature of State.
 

7. PANCHAYAT (EXTENSION TO THE SCHEDULED AREAS) ACT, 1996


The provisions of Part IX are not applicable to the fifth schedule areas. The Parliament can extent this past to such areas with modifications and exceptions as it may specify. Under these provisions, Parliament exacted provisions of the Panchayat (Extension to the Scheduled Areas) Act, popularly known as PESA Act or the Extension Act.

 

7.1. OBJECTIVES OF THE ACT:

 

·      To extend the provisions of Part-IX to the Scheduled Areas.

·      To preserve and safeguard traditions and custom of tribal population.

·      To provide self-rule for the tribal population.

·     To empower panchayats with powers conductive to tribal requirements.

 


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