LOCAL GOVERNMENT 

Panchayati Raj

The institution of Panchayati Raj was accorded the constitutional status by the 73rd constitutional amendment act, 1992. Panchayati Raj simply means rural local self-government. Articles 243 to 243O in Part IX of the constitution deal with the organisation, powers and duties of Panchayats.

Salient Features of the Act:

1. Gram Sabha: It is the basic unit of democratic governance in India. It has changed the nature of governance from representative to participatory with the direct involvement of people in the process of decision making. It consists of all the adult members of a village or a group of villages whose names are registered in the electoral rolls.

2. Three-Tier System: The Panchayats are organised at three levels. They are
3. Gram Panchayat / Village Panchayat
4. Mandal Parishad / Panchayat Samiti / Intermediate level Panchayat
5. Zila Parishad / District Panchayat
6. Election of Members and Chairpersons:

The members at all three levels are directly elected by the people. The Chairpersons at the intermediate and the district levels are indirectly elected by the elected members of people from among themselves. The Chairperson at the village level can be elected as per the decision of the state governments.

4. Reservation of Seats:
5. The seats of members are reserved at all the three levels for the SCs and STs in proportion to their population. The state legislature can even provide for reservation to SCs and STs in the office of chairperson at all the three levels.
6. Not less than 1/3rd of the seats of both the members and the chairpersons at all the three levels are reserved for women, including the women from SC and ST categories.
7. The state governments may even provide for reservation of seats to the other backward communities in the states.

5. Duration of Panchayats:

All three levels of Panchayat are elected for a term of five years. If it is dissolved before the expiry of the term of five years, election has to be conducted within a period of six months from the date of dissolution.

6. State Election Commission:

The State Election Commission is endowed with the duty of conducting free and fair elections to the Panchayats. The State Election Commissioner is appointed by the governor but removed by the President in the same manner for the removal of the judges of the State High Courts.

7. Distribution of Powers and Functions:

The state governments are needed to devolve powers and responsibilities to the Panchayats to enable them to function as institutions of self-government. The 11th Schedule containing 29 subjects was added to the constitution for the distribution of powers between the state legislature and the Panchayats.

8. State Finance Commission:

The Governor appoints the state finance commission after every 5 years to study the financial status of panchayats. The commission submits its reports to the governor, who then places them before the state legislature.

9. Accommodation of Diversity:

The 73rd constitutional amendment act consists of two types of provisions. They are

1. Compulsory Provisions:

The state governments are required to include the compulsory provisions in the state laws that deal with the organisation of the Panchayati Raj system in the states.

1. Voluntary Provisions:

The state governments can include the voluntary provisions in the state laws on their discretion. This allows the state governments to take local or regional factors into consideration while framing laws that deal with the organisation of Panchayati Raj institution in the states.

PESA Act, 1996:

The PESA Act was enacted with the objective of extending the Panchayati Raj system to the scheduled areas under Schedule V of the constitution.

1. When a state legislature enacts laws on Panchayats, the cultural and social practices of the tribal communities who live within the scheduled areas must be taken into consideration.
2. The Gram Sabha is empowered to deal with the matters such as the protection the customs, community resources and dispute resolution.
3. The Gram Sabha is endowed with the duty of finding the beneficiaries for poverty alleviation schemes and other welfare schemes.
4. The approval of Gram Sabha is mandatory for the implementation of plans, projects and programmes for the socio-economic development of the tribal communities.
5. The chairpersons at all the three levels of panchayat in a scheduled areas must be reserved for ST community.
6. The Gram Sabha must be consulted on the matters of land acquisition for projects in the scheduled areas.
7. The Panchayats are authorised to manage minor water bodies in the scheduled areas.
8. The Panchayats in the scheduled areas are empowered to regulate the following matters.
9. The sale and consumption of intoxicants;
10. Ownership rights over minor forest produce;
11. Encroachment of tribal lands by outsiders;
12. Control over local plans and economic resources;
13. Prevent the higher levels of panchayat from taking over the powers of gram panchayats.