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But the history of Panchayati Raj starts from the self-sufficient and self-governing village
communities. In the time of the Rig-Veda (1700 BC), evidence suggests that self-governing
village bodies called sabhas existed. With the passage of time, these bodies became
panchayats (council of five persons).
Local self-government implies the transference of the power to rule to the lowest rungs of
the political order. It is a form of democratic decentralization where the participation of
even the grass root level of the society is ensured in the process of administration.
History of LSG
Local self-government is nothing new in the Indian history. A Chaupal has always been an
integral part of village life where people, generally elderly, would sit together and discuss
current local affairs. All community matters would get decided in these meetings which in
the recent the centuries came to be known as village Panchayats. A Panch means a
prominent local personality and the Panchayat refers to the gathering of Panchas.
Ever since the Vedic period, local villagers participated in the collective decision making.
Sabhas (gatherings) were the popular platforms through which the common people had a
direct say and control over the local affairs. The village was always a more or less self-
dependent unit. It generated its own resources, had its own functionaries and its own
functional domain. Village and State functions were supplementary and rarely conflicted;
the State performed only those functions which the village could not perform itself. This
naturally evolved system persisted in the ancient period under the Mauryas, Guptas and
Harsavardhan.
However, things began to change in the early medieval period, with the arrival of invaders
and their foreign concept of governance. Shershah Suri divided the Revenue Administration
and Police Administration between Patwari and Muqaddam. The Mughals introduced
middlemen called Zagirdars to collect Revenue from the villager for the State. This
introduction of Zagirdari system created new power centers at the local level and weakened
the self-governing Panchayat system of the village community. This also adversely affected
the village economy due to loss of financial autonomy of the Village Panchayats. But despite
the weakening influence of the Zagirdari system, village Panchayats continued to play
significant role even during the Mughal era.
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Ripon's viceroyalty saw the liberalisation of administration in every sphere. The Resolution
of 1882 stands out as a landmark in the development of local self-government. Ripon
desired the provincial governments to apply in case of local bodies, the principle of financial
decentralisation.
Lord Ripon is known as Father of Local Self Government in India.
In 1908, the entire subject of local self-government reviewed by the Royal Commission on
decentralisation. Important recommendations were made almost in every sphere. The
Commission laid emphasis on the development of village panchayats and sub-district
boards.
With the coming of the Government of India Act 1919 local self-government became a
'transferred' subject under popular ministerial control. Each province was allowed to
develop local self-governments according to their needs and requirement.
STRUCTURE OF GOVERNMENT:
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Originally appointed by the Government of India to examine the working of two of its earlier
programs, the committee submitted its report in November 1957, in which the term
democratic decentralization first appears.
3. Panchayat Samiti should be the executive body; Zila Parishad should be the
advisory, coordinating and supervisory body;
Rajasthan was the first state to establish Panchayati Raj in Nagaur district on October 2,
1959.
4. Regular social audit of PRI by a district level agency and by a committee of legislators.
5. The state government not to supersede PRI. In case of supersession, elections should
be held within 6 months from the date of supersession.
6. The Chief Electoral Officer of a state in consultations with the Chief Election
Commissioner to organize and conduct the PRI elections.
8. Seats for SCs and STs should be reserved on the basis of their populations.
Appointed by the Planning Commission, the committee concluded that the developmental
procedures were gradually being taken away from the local self-government institutions,
resulting in a system comparable to grass without roots.
Zila Parishad to be given prime importance and all developmental programs at that
level to be handed to it.
Post of DDC (District Development Commissioner) to be created acting as the chief
executive officer of the Zila Parishad.
Regular elections to be held
The acts of 1992 added two new parts IX and IX-A to the constitution.
It also added two new schedules 11 and 12 which contains the lists of functional items
of Panchayats and Municipalities.
It provides for a three-tier system of Panchayati Raj in every state at the village,
intermediate and district levels.
Meet twice a year (April 13 & Oct 3) & exercise functions as state legislature determines
In other words, Gram sabha is village assembly of registered voters within panchayat
area to discuss issues related to their areas
3 Tier System
Act provides for a 3 tier system of panchayati raj in every state i.e. Panchayats at village,
intermediate & district level
However, a state having population less than 20 lakhs may not have intermediate level
Members of Rajya sabha, Lok sabha & state assembly in district may be included in
intermediate level panchayat, in which they are registered as an elector
Election of Members & Chairperson
All the members of the panchayat at village, intermediate & district levels shall be
elected directly by the people
Chairperson of panchayat (at intermediate & district levels) shall be elected indirectly by
& among the elected members thereof
Chairperson of panchayat at village level shall be elected in such a manner as the state
legislature determines
Reservation of seats
Reservation of seats of SC & ST (at all 3 levels) shall be in proportion of, their population
to total population in panchayat area
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Reservation of not less than 1/3rd of total no. of seats for women, including number of
seats reserved for women belonging to SCs & STs
Further, not less than 1/3rd of total no. of offices of chairperson in the panchayats at each
level shall be reserved for women
Duration of panchayats
Every panchayat shall continue for 5 yrs from the date of its 1 st meeting
It can be dissolved earlier in accordance with the procedure prescribed by the state
legislature
In case, it is dissolved earlier, elections must take place within 6 month of its dissolution
Qualification
Same as state legislature but must have attained a minimum age of 21
Powers shall be assigned mainly for social justice & economic development with regards
to 29 matters, included in 11th schedule
Financial matters
State legislature may:
Authorise a panchayat to levy, collect & appropriate taxes, duties tolls & fees
Assign to panchayat to appropriate taxes, duties, tolls & fees levied & collected by state
government
Provide for making grants in aid to panchayats from consolidated fund of India
However, parliament may extend its provisions to these areas under PESA, 1996
(Provision to panchayat extension to scheduled areas)
Compulsory Provisions
Organisation of Gram sabha
All the seats in panchayati raj shall be filled by people chosen by direct elections from
territorial constituencies in panchayat areas
Minimum age for contesting for elections to panchayats is 21 years, for fixed 5 years
tenure
Voluntary Provisions
Providing reservation for backward classes
Giving voting rights to members of union & state legislatures in these bodies
Giving panchayats financial autonomy & powers to levy taxes, fees etc.
1. Urban planning including town planning. 10. Slum improvement and upgradation.
3. Planning for economic and social development. 12. Provision of urban amenities and
facilities such as parks, gardens,
playgrounds.
5. Water supply for domestic, industrial and 14. Burials and burial grounds; cremations,
commercial purposes. cremation grounds; and electric
crematoriums.
6. Public health, sanitation conservancy and solid 15. Cattle pounds; prevention of cruelty to
waste management. animals.
8. Urban forestry, protection of the environment 17. Public amenities including street
and promotion of ecological aspects. lighting, parking lots, bus stops and public
conveniences.
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9. Safeguarding the interests of weaker sections 18. Regulation of slaughter houses and
of society, including the handicapped and tanneries.
mentally retarded.
Municipal Corporation,
Municipality,
Notified Area Committee,
Town Area Committee,
Special Purpose Agency,
Township,
Port Trust,
Cantonment Board
2. Function
3. Functionaries
Fund: Local government has no source of revenue except the grants form state and central,
which has political base rather than requirement
Local government are allowed to collect taxes form locals, but due to inadequate man
power, lack of digitization, and awareness they fails to collect tax and generate revenue.
Function: Although 73rd and 74th amendment provided comprehensive list for area of
function enumerated in schedule 11 and 12 in constitution of India.
Most of these items are overlapping with the functions of the state list. Therefore they have
very less scope to be meaningful.
Functionaries: Due to uncertainty for flow of funds. Local Government are unable to attract
best talent to work with them.
(If organisation is unable to secure funds for itself they how will they pay salaries to the
employee)
* Lack of Awareness, people are not aware about who actually is responsible for particular
lacunae.
* Corruption, since people are not aware about rights this give opportunity for corruption. It
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results in "Trust Deficit", that's why people do not attempt to know. see this brings kind of
vicious cycle.
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The Parliament passed Provisions of the Panchayats (Extension to the Scheduled Areas)
Act, 1996 to extend the provisions of the 73rd Constitutional Amendment to the Schedule V
Areas of the country.
The Fifth Schedule covers Tribal areas (scheduled areas) in 9 states of India namely
Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh,
Chattisgarh, Orissa and Rajasthan.
Bihar had Scheduled Areas before the formation of Jharkhand but after the bifurcation,
the tribal population in Bihar is insignificant.
PESA came into force in 1996. Under the Act, the Gram Sabha has been vested with
powers for
Current setup:
Currently, the executive, financial and administrative powers are vested with the municipal
commissioner and his team of deputies, appointed by the state government and drawn
from the IAS cadre. This system is a colonial hangover and hence, few experts want it to be
discarded.
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The concept should face the following challenges before it becomes a reality:
State governments do not wish to delegate more authority to city-level institutions.
Often, urban resources are transferred to rural areas in the name of development. Even
if the mayor is directly elected, the state governments can refuse to devolve power and
resources, effectively reducing him to a figurehead.
Municipal commissioner also, sometimes, becomes hurdle. Even if some powers are
delegated to the municipality, the state governments have in place municipal
commissioners to perform the executive functions, again cutting the mayor to size, the
nature of mayoral election notwithstanding.
If a directly elected mayor belongs to a party in minority in the municipality, it becomes
difficult to get other municipality members on board in taking decisions. This was
witnessed in Himachal Pradesh, which ultimately led to the scrapping of this system.
Also, a mayor executing projects will tend to gain popularity at the expense of the local
legislator whose job is to legislate and scrutinise the performance of the executive. A
legislator will always see the directly elected and empowered mayor as a potential
future rival and will do everything in his command to undercut his authority.
It is also widely felt that elected mayors may blur the lines between the three tiers of
government: the Union, the states and the local self governments.
To check the spread of vested interests, mayor may also be vested with the power to
veto a resolution passed by the municipality.
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Even if a directly elected mayoral system is a relatively good reform, should it be made
mandatory for all municipalities under the Constitution?
India is one of the few countries where the powers of the local government are laid out in
the federal Constitution. However, local government is still under List II of the Seventh
Schedule of the Constitution. Hence only the State is empowered to make laws on this
subject. In such a federal system, constitutional provisions should only lay down the broad
institutional framework for local governments. But since States are often reluctant to
devolve functions to local government, it makes sense to mandate such devolution in the
Constitution. However, the Constitution may not be the ideal instrument for prescribing the
manner in which the head of a local government is elected.
Way ahead:
A direct election of mayors in the urban centers as currently planned will ensure a sea
change in the political equations at the local level and help launch a new generation of more
charismatic leaders who can mobilise voters and usher in real changes in urban governance.
In fact in some countries like the UK legislative changes were rolled out at the beginning of
the decade to ensure direct elections of mayors in all major cities.
Empowerment of women:
1. Political
(i) Mandatory 33% reservation for women in Panchayats under Art 243D
(ii) Inclusion of SC/ST women in decision-making
2. Social
(i) Since Women and child development falls under the 11th Schedule, women themselves
are responsible for policy formulation
(ii) Charged them with the responsibility of bringing about economic and social justice under
Art 243G
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The result of this empowerment can be seen under the following heads
1. Political
(i) Enhanced women participation in Gram Sabha and voter turnout
(ii) Percolation of democratic processes to the most marginalized sections
2. Social
(i) Increasing stature of women, thus giving an impetus to their confidence and breaking
social-stratifications
(ii) Lower instances of MMR, IMR due to enhanced awareness about schemes like JSY, JSSY
etc.
3. Economic
(i) Common platform for women SHGS to share experiences and problems enhancing their
productivity
(ii) Improvement in conservation activities like watershed development, JFM etc. improving
village resource productivity
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