Local Self Government - Panchayati Raj - Part 2

LOCAL SELF GOVERNMENT – PANCHAYATI RAJ - PART 2

Constitutionalization:
1. The Narsimha Rao Government introduced the Constitutional Amendment Bill in the Loksabha in September 1991.
2. It was passed by the Loksabha on December 22, 1992 and by the Rajyasabha on December 23.
3.Later it was approved by the 17 state assemblies and received the assent of the president of    India on April 20, 1993.

73rd Amendment Act Of 1992:
•    This act corresponds to part IX of constitution of India.
•    It is entitled as the panchayats and consists provision of Articles – 243 to 243 – Q.
•    The act has also added the eleventh schedule to the constitution of India.
•    It contains 29 functional items of the panchayats and deals with Article 243 – G.
•    The act has given a practical shape to article 40 of the constitution.
•    The act gives a constitutional status to the panchayat raj institutions.
•    The state governments are under the constitutional obligation to adopt the new panchayati raj system in accordance with the provision of the act.
•    Neither the formation of the panchayats nor the holding of elections at regular intervals depends on the will of the state government.
•    The provisions of the act can be grouped into two categories – compulsory and voluntary.
•    The compulsory provisions on the other hand, may be included at the discretion of the states.
•    It transforms the representative democracy into the participatory democracy. The salient features of the act
1.    The three tire system: the act provides for a three – tier system of the panchayati raj in the states, that is panchayats at the village, the intermediate and the district level.
2.    The act defines all the terms in the following manner:
3.    Panchayat means an institution (by whatever name called) of local self – government for rural areas.
4.    Village means a village specified by the governor through a public notification to be a village for this purpose, and includes a group of villages so specified.
5.    Intermediate level between the village and district specified by the governor through a public notification for this purpose.
6.    The act brings about uniformity in the structure of the panchayati raj throughout the country
7.    A state having population not exceeding 20 lakh may not constitute panchayat at the intermediate level.

Gram Sabha:
1.    The act provides for a Gram Sabha as the foundation of the panchayati raj system.
2.    It is a body consisting of persons registered in the electoral rolls of the village comprised within the area of the panchayat at the village level.
3.    It is a village assembly consisting of all the registered voters in the area of a panchayat.
4.    It shall exercise such powers and powers and perform such functions at the village level as the state level legislatures determines.

Duration of panchayats:
1.    The act provided for a five – year term of office to the panchayat at every level.
2.    However, it can be dissolved before the completion of its term.
3.    Fresh election to constitute a panchayat shall be completed:
•    Before the expiry of its term: or
•    In case of dissolution, before the expiry of a period of six months from the date of its dissolution.

Disqualification:
1.    A person shall be disqualified for being chosen as or for being a member of the panchayat if he is so disqualified:
•    Under any law for the time being in force for the purposes of elections to the legislature of the state concerned, or
•    Under any law made by the state legislature
2.        No person shall be disqualified on the grounds that he is less than 25 years of age if he had attained the age of 21 years.
3.    All questions of disqualifications shall be referred to state legislature.

Reservation of seats:
1.    The act provided for the reservation of seats for the scheduled castes and the schedules tribes in every panchayat (at all levels) in proportion of their population in the panchayat area.
2.    The state legislature shall provide for the reservation of offices of the chairpersons in the panchayat at the village or any other level for the SCs and STs.
3.    The act provides for the reservation of not less than one – third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and the STs).
4.    Not less than one – third of the total number of offices of the chairpersons in the panchayats at each level shall be reserved for women.
5.    The act authorizes the legislature of a state to make any provision for the reservation of seats in any panchayat of offices of the chairperson in the panchayat at any level in favour of the backward   classes.

Election of the members and the chairpersons:
1.    All members of the panchayats at the village, intermediate and the district levels shall be elected directly by the people.
2.    The chairpersons of the panchayats at the intermediate and district level shall be elected indirectly by and from amongst the elected members thereof.
3.    The chairperson of a panchayat at the village level shall be elected in such a manner as the state legislature determines.

Powers and functions:
1.    The state legislature may endow the panchayats, with such powers and authority as may be necessary to enable them to function as institutions of self government.
2.    Such a scheme may contain provisions for the devolution of powers and responsibilities upon panchayats at the appropriate level with respect to
•    Preparation of plans for economic development and social justice
•    The implementation of schemes for the economic development and social justice as may be entrusted to them, including those in relation to the 29 matters listed in the eleventh schedule.

State election commission:
1.    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.
2.    It consists of a state election commissioner who is to be appointed by the governor.
3.    His conditions of service shall not be varied to his disadvantage after his appointment.

Finances The state legislature may:
1.    Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and fees;
2.    Assign to a panchayat taxes, duties, tolls and fees levied and collected fund of the state;
3.    Provide for constitution of funds for crediting all the financial requirements of the panchayats.
 

State finance commission:
1.    The governor of a state shall, after every five years, constitute a finance commission to review the financial position of the panchayats.
2.    It shall make the following recommendations to the governor.
3.    The principles which should govern the distribution between the states and the panchayats of the net proceeds of taxes, duties, tolls and fees levied by the state.
4.    The principles which should govern the determination of taxes, duties, tolls and fees which may be assigned to the panchayats.
5.    The principles which should govern the grants – in – aid to the panchayats from the consolidated fund of state.
6.    The measures needed to improve the financial position of the panchayats.
7.    Any other matter returned to the finance commission by the governor in the interest of sound finance of the panchayats.
8.    The state legislature may provide for the composition of the commission, the required qualifications of its members and the manner of their selection.
9.    The governor shall place the recommendations of the commission along with the action taken report before the state legislature.
10.    The central finance commissioner shall also suggest the measures needed to augment the consolidated fund of state to supplement the resources of the panchayats in the states (on the basis of the recommendations made by the finance commission of state).
11.    The president of India may direct that the provisions of this act shall apply to any (union territory) subject to such exceptions and modification as may specify.
12.    The act does not apply the states of Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and certain other areas.
13.    These areas include the scheduled areas and the tribal areas referred to in Article 244 of the constitution, the hilly areas of Manipur for which a district council exists and Darjeeling district of West Bengal for which Dargeeling Gorkha hill council exists.
14.    The state legislature may take provisions with respect to the maintenance of the accounts by the panchayats and the auditing of such accounts.
15.    The date of commencement of this act was 24th April, 1993.

Problems in the working of Panchayats:
•    Panchayati raj in India faces problems at political, economic and social levels. These problems have stood in the way of efficient functioning of the panchayat raj institutions

At political level and administration level:
1.    Though the constitution provides elections after every five years, some of the states have     tasted election after decades and in some election yet to take place.
2.    Groupism, caste, class etc play a dominant role in the election and working of the representatives.
3.    Political interference from the state governments and the administrative agencies has become a common phenomenon.
4.    There is absence of clear functional jurisdiction of panchayats
5.    There is absence of administrative autonomy to the panchayats.
6.    There is absence of in – built structural and organizational strength to force the administrators to follow the decision.
7.    Use of manpower, money power and muscle power in elections to panchayati raj system.

At social level:
1.    Caste, class, religion and other sectarian interest are playing a dominant role in the working of panchayati raj institutions.
2.    The policy of reservation for weaker section has not been much use due to ignorance and illiteracy of people and the representatives.
3.    Anti – social and economically powerful people run the institution from backdoor

At economic level:
1.    Paucity of funds and resources to the panchayati raj institutions.
2.    There is absence of coherence between the responsibilities and resources.
3.    Dependence upon the doles of the state government.
4.    Lack of financial autonomy and power to impose taxes and charges.
5.    Diversion of funds by the state governments which were embarked for development of panchayati raj institutions.
6.    State government‘s apathy towards local needs and demands for development.