Panchayati Raj -

Notes

Political Science

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The history of local government institutions as a key decentralized decision-making body dates
back to the Chola Kingdom of Ancient times. However, it was only after independence that
these bodies evolved into a firm base of vibrant Indian democracy. Inspired by MK Gandhi,
Indian Constitution initially put the provision of local government or Panchayati Raj into a non-
justiciable part of the Constitution i.e., Article 40 under DPSPs (Directive Principles of State
Policy).

Timeline of Evolution

In 1952 with the increasing complexities and centralization of power, it was felt that India
needed a robust grassroots democracy, and as a result, some 'Pre-Panchayat Raj
institutions' were introduced, one among them being the 'Community Development
Programme' (CDP) of 1952.
Later on in 1959, the journey of Panchayati Raj Institutions (PRIs) formally began.
The Amendment phase began with the 64th Amendment Bill (1989) which was introduced
by Rajiv Gandhi seeking to strengthen the PRIs but the Bill was not passed in the Rajya
Sabha.
73rd and 74th Constitutional Amendments were passed by Parliament in December 1992.
Through these amendments, local self-governance was introduced in rural and urban
India. The Acts came into force as the Constitution (73rd Amendment) Act, 1992 on April
24, 1993, and the Constitution (74th Amendment) Act, 1992 on June 1, 1993​

Committees for PRI and recommendations

Committee Recommendations

The Committee observed that the major

reason for the failure of the CDP was
the lack of people’s participation.
The committee suggested three-tier PRIs,
namely, Grama Panchayats (GPs) at the
Balwant Rai Mehta
village level, Panchayat Samiti (PSs) at the
Committee (1957)
block level, and Zilla Parishad (ZPs) at the
district level.
As a result, democratic decentralization
was launched in Nagaur district of
Rajasthan on October 2, 1959.

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The committee recommended a two-tier

Panchayat Raj institutional structure
consisting of Zilla Parishad and Mandal
Panchayat.
In order to use planning expertise and
secure administrative support, the
district was suggested as the first point
of decentralization below the state level.
Based on its recommendation, some of
Ashok Mehta Committee
the states like Karnataka incorporated
(1977)
them effectively.
●The nyaya panchayats should be kept as
separate bodies from that of
development panchayats.
●The three states of Karnataka, West
Bengal and Andhra Pradesh took steps to
revitalise the panchayati raj, keeping in
view some of the recommendations of
the Ashok Mehta Committee

The Committee advocated separate

Hanumantha Rao
district planning bodies under either the
Committee (1983)
District Collector or a minister.

Make the “district” the basic unit of

planning.
Hold regular elections.
G.V.K. Rao Committee
Bureaucratisation of development
(1985)
administration has weakened the
Panchayati Raj institutions resulting in
‘grass without roots’.

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In 1986, Rajiv Gandhi government

appointed the committee to prepare a
concept paper on ‘Revitalisation of
Panchayati Raj Institutions for Democracy
L.M.Singhvi Committee
and Development’ under the
(1986)
chairmanship of L.M. Singhvi
More financial resources
Constitutional status to the panchayats to
strengthen them.

Constitutional recognition for the local

government bodies.
P.K. Thungan Committee The Panchayati Raj bodies should have a
(1989) fixed tenure of five years.
A state finance commission should be
set-up in each state.

● A three-tier system of Panchayati Raj with

panchayats at the village, block and district
levels.
● The term of Panchayati Raj institutions
should be fixed at five years
Gadgil Committee
●Establishment of a State Election Commission
(1988)
for the conduction of elections to the
panchayats.
●The members of the Panchayats at all the
three levels should be directly elected.
●Reservation for SCs, STs and women.

Name of the study Team / Committee on Panchayati Raj

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73rd Amendment Act

Articles and provisions

The 73rd Amendment 1992 added a new Part IX to the constitution titled “The Panchayats”
covering provisions from Articles 243 to 243(O); and a new Eleventh Schedule covering 29
subjects within the functions of the Panchayats. The list of articles and provisions is as follows:

Article Provision
243A Gram Sabha
243B Constitution of Panchayats
243C Composition of Panchayats
243D Reservation of seats
243E Duration of Panchayats
243F Disqualifications for membership

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243G Powers, authority and responsibilities of Panchayats

243H Powers to impose taxes by, and Funds of, the Panchayats
243I Constitution of Finance Commission to review the financial
position
243J Audit of accounts of Panchayats
243K Elections to the Panchayats
243L Application to Union territories
243M Part not to apply to certain areas- e.g. Nagaland, Meghalaya,
Mizoram
243N Continuance of existing laws and Panchayats
243O Bar to interference by courts in electoral matters

Salient Features of the Act:

●The act provides for a Gram Sabha as the foundation of the panchayati raj system.
●Provides for a three-tier system of panchayati raj in every state, that is, panchayats at the
village, intermediate, and district levels.
A state having a population not exceeding 20 lakh may not constitute panchayats at the
intermediate level.
●All the members of panchayats at the village, intermediate and district levels shall be elected
directly by the people but the chairperson of panchayats at the intermediate and district levels
shall be elected indirectly–by and from amongst the elected members thereof.
●It provides for the reservation of seats for scheduled castes and scheduled tribes in every
panchayat in proportion of their population to the total population in the panchayat area.
●It provides for the reservation of not less than one-third of the total number of seats for
women.
●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.
Duration of Panchayats
The Act provides for a five-year term of office to the panchayat at every level.
The fresh elections to constitute a panchayat shall be completed:-
(a) before the expiry of its duration of five years; or
(b) in case of dissolution, before the expiry of a period of six months from the date of its
dissolution.

Compulsory vs Voluntary Provision of PRI Act

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Compulsory Provisions
Constitution of Gram Sabha in a village or a group of villages
Establishment of panchayats at village, intermediate and district
Direct elections to all the above
Indirect election to the post of the chairperson of the panchayats at the intermediate and
district level
21 years is the minimum age for contesting
Reservation of seats for SC and STs in panchayats at all levels
Reservation of 1/3rd of seats for women in panchayats
Fixing of tenure of 5 years and holding elections within six months in any event of
supersession of any panchayat
Establishment of the state election commission
Constitution of state finance commission after every 5 years to review the financial
position of the panchayats

Voluntary Provisions
Giving representation to members of the Parliament and state legislature at various
levels of the panchayats
Providing reservation of seats for backward classes
Granting powers authority to PRI
Devolutions of powers and representation
Granting financial powers to the panchayats

Functions in Eleventh Schedule

The state legislatures are needed to enact laws to endow powers and authority to the
Panchayats to enable the functions of local government. The 11th schedule enshrines the
distribution of powers between the State legislature and the Panchayats. These 29 subjects
ensure constitutional autonomy to the Panchayat governance in India. Some of the important
subjects in the list are:

Agriculture, including agricultural extension.

Land improvement, implementation of land reforms, land consolidation and soil
conservation.
Minor irrigation, water management and watershed development.
Animal husbandry, dairying and poultry.
Khadi, village and cottage industries.
Public distribution system.

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Health and sanitation, including hospitals, primary health centres and dispensaries.

PESA Act of 1996

The PESA Act was enacted in 1996 on the recommendations of the Bhuria Committee “to
provide for the extension of the provisions of Part IX of the Constitution relating to the
Panchayats to the Scheduled Areas”. Under the PESA Act, Scheduled Areas are those referred
to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the
Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and
Mizoram. The Fifth Schedule provides for a range of special provisions for these areas.

The PESA Act was enacted to ensure self-governance through Gram Sabhas (village
assemblies) for people living in the Scheduled Areas. It recognises the right of tribal
communities, who are residents of the Scheduled Areas, to govern themselves through their
own systems of self-government, and also acknowledges their traditional rights over natural
resources.

In pursuance of this objective, the Act empowers Gram Sabhas to play a key role in approving
development plans and controlling all social sectors. This includes the processes and
personnel who implement policies, exercise control over minor (non-timber) forest resources,
minor water bodies and minor minerals, manage local markets, prevent land alienation and
regulate intoxicants among other things.

Reservation for Women in Panchayati Raj Institutions:

Some Indian states have increased the reservation for women in Panchayati Raj Institutions
(PRIs) from the constitutionally mandated 33% to 50% to promote greater political
participation and gender equality in local governance.

Details of States and Union Territories, who have made provisions for 50% reservations for
women in Panchayati Raj Institutions

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