Panchayati Raj Institution in India

The Panchayati Raj, a three-tiered system of the Indian administration for rural development, aims to establish local self-government in districts, zones, and villages. In India, a system of rural local self-government known as the Panchayati Raj Institution (PRI) exists. The administration of local affairs by these locally elected bodies is known as local self-government. The PRI was established as a constitutional entity through the 73rd Constitutional Amendment Act in 1992, to foster democracy from the bottom up and assigned the responsibility of promoting development in rural areas across the nation. In its current shape and organisation, PRI has been in operation for 26 years. However, much more work has to be done to further decentralise and deepen democracy at the grassroots level.

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This Story also Contains

1. What is Panchayati Raj Institution?
2. Historical Background of Panchayati Raj in India
3. Constitutional provisions related to the Panchayati Raj in India
4. Principal clauses found in the 73rd Constitutional Amendment Act of 1992 are
5. Key Features of the Constitution 73rd and 74th Amendments
6. Obstacles faced by Panchayati Raj in India
7. What Steps need to be taken to Strengthen Panchayati Raj in India?
8. PESA Act of 1996
9. An analysis of a few Case Laws related to Panchayati Raj Institution in India
10. Conclusion

What is Panchayati Raj Institution?

• The advancement of rural areas stands as a key objective of the Panchayati Raj system, which has been put into action across all Indian states, except Nagaland, Meghalaya, Mizoram, and Delhi, along with a select few others.
• These areas encompass the regions and territories assigned to the states, including the Manipur mountainous area, which has a district council, and the West Bengal Darjeeling district, which is the territory of the Darjeeling Gorkha Hill Council

Historical Background of Panchayati Raj in India

From an analytical perspective, the history of Panchayat Raj in India may be categorised into the following periods:

Vedic Era

• The phrase "Panchayatan," which refers to a group of five people, including a spiritual man, has been referenced in ancient Sanskrit texts.

• The idea of a spiritual man being a part of these communities gradually disappeared.

• The Rigveda mentions Sabha, Samiti, and Vidatha as examples of local self-government.

• These were the democratic entities present in the community. The sovereign relied on the consent of these entities for specific tasks and choices.

Epic Era

• The term "Epic Era" designates the two major Indian epic eras, the Ramayana and the Mahabharata.

• According to research on the Ramayana, the government was split into Pur and Janpad, or city and hamlet.

• There was a Caste Panchayat for the entire state, and one of its members was chosen to serve on the king's Council of Ministers.

• The concept of village self-government is extensively discussed in the Mahabharata's "Shanti Parva," the Manu Smriti, and Kautilya's Arthashastra.

• There were units of 10, 20, 100, and 1,000 village groups in the Mahabharata, in addition to the village itself.

• The village's top official was called "Gramik," its leader of ten villages was called "Dashap," and its chiefs of twenty, one hundred, and one thousand villages were Vinshya Adhipati, Shat Gramme Adhyaksha, and Shat Gramme Pati, respectively.

• They were in charge of their communities' defence as well as the collection of local taxes.

Ancient Period

• Kautilya's Arthashastra refers to rural panchayats.

• The Nagarik was the chief, and the town was called Pur.

• There was no royal meddling with local bodies.

• The headman, supported by an elder council, remained a major figure in village life during the Mauryan and Post-Mauryan eras as well.

• The system persisted during the Gupta era but with some name modifications: the village headman was referred to as the grampati and the district official as the vishya pati.

• Thus, a well-established local governance structure based on predetermined traditions and practices operated in ancient India.

• It is important to highlight, nevertheless, that there is no mention of women leading panchayats or even taking part in its membership.

Medieval Period:

• The Kings of Delhi partitioned their realm into regions known as "Vilayat" during the Sultanate era.

• There were three key figures in village governance: the Mukkaddam, who handled administration, the Patwari, who handled tax collection, and the Choudhrie, who mediated conflicts with the Panch's assistance.

• The communities possessed enough authority to govern themselves inside their borders.

• Village self-government was steadily undermined by casteism and the feudalistic political structure prevalent throughout the Mughal era.

• It is important to remember once more that there is no record of women serving in local village government during the Middle Ages.

British Period

• Village panchayats grew weaker and lost their autonomy during British rule.

• around India, representative local institutions began to emerge only around 1870.

• The renowned Mayo's resolution of 1870 expanded the authority and responsibility of municipal organisations, which in turn spurred their development.

• The idea of elected representatives was first extended to urban communities in 1870.

• After the uprising in 1857, the imperial finances were severely strained, and it became essential to use municipal taxes to pay for local services. Thus, the adoption of Lord Mayo's decentralisation resolution resulted from budgetary pressure.

• Lord Rippon, following in Mayo's footsteps, gave these institutions the much-needed democratic framework in 1882.

• Every board that was in place at the time had to have a two-thirds majority of elected non-officials on it, and the chairman of these bodies had to come from among the non-officials who had been elected.

• This is regarded in India as the Magna Carta of local democracy.

• The Royal Commission on Centralization, chaired by C.E.H. Hobhouse, was appointed in 1907, which gave local self-government organisations a boost.

• The panel acknowledged the significance of panchayats in the context of villages.

• This is the context in which the 1919 Montagu Chelmsford reforms moved local administration within the purview of the provinces.

• The reform also advocated for total autonomy and independence of local bodies from outside authority, to the greatest extent feasible.

• Only a small number of villages were served by these panchayats, and because of organisational and financial limitations, they were unable to develop into dynamic, democratic local self-government organisations at the village level.

• But by 1925, panchayat laws had been passed by eight provinces, and by 1926, panchayat laws had also been passed by six native states. The authority to charge taxes was diminished and local governments were granted more authority. However, this had little impact on the standing of the local self-government organisations.

Post–Independence Period

• Panchayats were mentioned in Article 40 of the Constitution when it came into effect, and Article 246 gives the state assembly the authority to enact laws on any topic about local self-government.

• Unfortunately, not all of the decision-makers at the time supported the addition of panchayats to the Constitution; B.R. Ambedkar, one of the document's framers, was the main opponent.

• Village panchayats were ultimately given a constitutional position under Article 40 of the Directive Principles of State Policy, following extensive debate between proponents and opponents of the system.

• The lack of a standardised structure for these organisations across the nation was the outcome, as the Directive Principles are not legally obligatory.

Committees for Panchayati Raj in India

The Indian government established a number of committees to examine the implementation of rural self-governance and make recommendations for how to get there. The committees appointed are as follows:

Rajasthan and Andhra Pradesh were the first two states to adopt Panchayati Raj in 1959; other states quickly followed.

The persistent work of community groups, academics, and forward-thinking politicians led to the 73rd Constitution Amendment, which made rural local governments (panchayats) and the 74th Constitution Amendment, which made urban local governments (municipalities), "institutions of self-rule."

Constitutional provisions related to the Panchayati Raj in India

• The Panchayati Raj Act, also known as the 73rd Constitutional Amendment Act, of 1992, is a seminal piece of Indian law that attempts to establish a three-tiered system of decentralised self-governance in rural regions.

• Articles 243 to 243-O, which make up Part IX of the Indian Constitution, provide an overview of the Act's principal provisions.

73rd Constitutional Amendment Act of 1992

• The Eleventh Schedule, which encompasses the 29 functional elements of the panchayats, and Part IX of the Constitution, titled "The Panchayats," were also incorporated under the Act.

• Part IX of the Constitution includes Articles 243 to 243 O.

• Article 40 of the Constitution, which outlines the "directive principles of state policy," is given form by the Amendment Act. This article instructs the state to establish village panchayats and grant them the necessary rights to act as self-governing bodies.

• The Act requires governments to implement panchayati raj systems and brings them under the jurisdiction of the justiciable section of the Constitution. Furthermore, the Panchayati Raj institutions would hold elections apart from the wishes of the state administration.

• There are two sections to the Act: mandatory and elective. States must include mandatory elements in their legislation, and this includes establishing new Panchayati Raj systems. Conversely, voluntary provisions are at the state government's discretion.

• The Act represents a major advancement in the nation's grassroots democratic institution-building process.

Principal clauses found in the 73rd Constitutional Amendment Act of 1992 are

Three-tier system

• Gramme panchayats (village councils), panchayat samiti (block councils), and zilla parishads (district councils) are the three tiers of the panchayat (local self-government) structure.

• Population Mandating the formation of a panchayat at the village level in every hamlet with a population of at least 500.

• Elections Panchayats shall hold periodical elections and hold said elections in conformity with the requirements of the Act and the rules promulgated thereunder.

• Reservation Ensuring that women, scheduled castes, and scheduled tribes have reserved seats in panchayats at all levels; moreover, that women, scheduled castes, and scheduled tribes have reserved offices as chairpersons of panchayats at the village and intermediate levels.

Finance Commission in State

• Allowing for the formation of finance commissions with the mandate to assess panchayat finances and offer suggestions about the distribution of cash, grants-in-aid, and taxes to them.

• Functions and Powers - Defining the roles, duties, and powers of panchayats; includes planning for social justice and economic growth as well as putting plans into action for the advancement of small-scale and cottage industries, agriculture, education, health, and other fields.

• Election Commission in State - Creating a State Election Commission to oversee three tiers of local government elections.

• Dissolution - Dissolution of panchayats and the appointment of temporary members.

• Suspension or removal - Dismissal or suspension of panchayat chairpersons or members.

Key Features of the Constitution 73rd and 74th Amendments

• Two new sections were added to the Constitution as a result of these amendments: Part IX, titled "The Panchayats," was added by the 73rd Amendment, and Part IXA, titled "The Municipalities," was added by the 74th Amendment.

• The fundamental democratic units are Ward Committees (Municipalities) and Gramme Sabhas (Villages), which are made up of all adult members who are registered to vote.

• The village, intermediate block/taluk/Mandal, and district panchayats are organised into three tiers, except in states where the population is less than 20 lakh (Article 243B).

• Direct elections shall be used to fill seats at all levels, under Article 243C (2).

• According to their numbers, Scheduled Castes (SCs) and Scheduled Tribes (STs) would have seats set aside for them, as will the chairs of all Panchayat levels.

• A third of the available seats must be set aside for females.

• Women are allocated one-third of the seats designated for SCs and STs.

• One-third of all chairman posts must be filled by women (Article 243D).

• One five-year term, with elections to create additional bodies to be finished prior to the term's end.

• Elections must be held within six months after the dissolution (Article 243E).

• Article 243K provides for the supervision, management, and control of the electoral rolls by an Independent Election Commission in every State.

• Plans for social justice and economic development must be prepared by panchayats for the topics that the legislation has delegated to the different levels of panchayats, including those included in the Eleventh Schedule (Article 243G).

• Article 243ZD of the 74th Amendment establishes a District Planning Committee to combine the plans created by Municipalities and Panchayats.

• State government budgetary allocations, a portion of some taxes' income, the collecting and holding of the money it generates, grants and programmes from the Central Government, and grants from the Union Finance Commission (Article 243H).

• To ascertain the guiding principles for ensuring sufficient financial resources for panchayats and municipalities, each State should establish a Finance Commission (Article 243I).

• The Constitution's Eleventh Schedule assigns the Panchayati Raj organisations authority over as many as 29 duties.

Obstacles faced by Panchayati Raj in India

India's PRIs face several challenges. Among these challenges are the following:

• Funding often falls short for Public-Private Partnerships (PRIs), making it difficult for them to carry out their responsibilities effectively. This shortfall can limit their ability to implement development projects and provide vital services to their communities.

• Local issues might pose greater challenges for PRIs due to their limited power and resources compared to higher tiers of government.

• A lot of PRIs lack sufficient personnel and the necessary tools to perform their responsibilities effectively. This could lead to poor planning and implementation of projects.

• Females and other disadvantaged communities often engage in participation in PRIs at a low level, which could limit their ability to fully represent the desires and concerns of the entire community.

• Government interference could undermine the autonomy and decision-making processes of PRIs.

What Steps need to be taken to Strengthen Panchayati Raj in India?

• The 2nd Administrative Reform Commission's (ARC) sixth report contains recommendations that may be put into practice to improve the efficiency and effectiveness of Panchayati Raj institutions.

• A long-term answer may be found in true fiscal federalism, which is defined as fiscal sovereignty combined with fiscal responsibility.

• A distinct division of the responsibilities of each level of government has been suggested by the Second ARC.

• Additionally, the 2nd ARC suggested that state governments should assist and enable rules to local organisations so they might contract out some tasks to public or private organisations as needed.

• Training that is both comprehensive and holistic needs the knowledge and resources of many subject-specific training institutions.

• The most effective way to do this is by "networking" organisations that focus on different topics including general management, financial management, rural development, and catastrophe management.

• State Authorities can set up review boards at the local district level to oversee the precision of financial records, the adequacy of in-house procedures, compliance with applicable laws, and the ethical conduct of every individual in community groups.

PESA Act of 1996

Part IX does not apply to areas that are part of the Fifth Schedule. With the necessary adjustments and exclusions, the Parliament may expand the scope of this Part. PESA Act, sometimes referred to as the extension act, was adopted by Parliament by these principles and is known as the Panchayats (Extension to the Scheduled Areas) Act.

The Panchayats (Extension to the Scheduled Areas) Act goals are:

• To include the scheduled regions in the application of Part IX rules.

• To provide the tribe's populace autonomy.

• To establish a participatory democratic village government.

• To develop participatory governance in line with customary methods.

• To protect and maintain the tribe's customs and traditions.

• giving panchayats the authority necessary to meet tribal needs.

An analysis of a few Case Laws related to Panchayati Raj Institution in India

The Panchayat of Hiwara, Uttarakhand

Serving about 10,000 residents, the Panchayat has put in place a number of programmes to enhance the quality of life for its people, including

• Better community access to clean drinking water: the community's access to clean drinking water has been facilitated by the development of water storage tanks.

• Better road infrastructure has made it simpler for residents to go to and from the hamlet and has aided in the growth of the local economy.

• Encouraged the use of renewable energy, such as solar energy, which has improved environmental sustainability and helped the community become less dependent on fossil resources.

• Enhanced education: collaborated with non-governmental groups to raise the standard of instruction in the community.

Pedda Amberpet Gram Panchayat, Telangana

The following are the main efforts of the Pedda Gramme Panchayat:

• System for managing solid waste: The village council established a facility for the separation and processing of organic and inorganic trash. While the inorganic trash is recycled or disposed of, the organic waste is subsequently employed as manure.

• Additional plans include building restrooms in every home, providing drinking water via water purification facilities and borewells, and creating community areas for leisure and cultural pursuits.

Conclusion

The Panchayati Raj system in India did not emerge after the country's independence. In rural India, the local panchayat has dominated politics for many years. Panchayats were elected bodies having judicial and administrative authority in ancient India. In India, a three-tiered governmental structure called Panchayati Raj is centred on rural development. Districts, zones, and villages are established under the Panchayati Raj system of local self-government.