Panchayati Raj System

Panchayati Raj refers to the system of local self-government in rural areas of India that is based on Gandhian ideology on self-sustaining village. In this article, you will learn definition of Panchayati Raj, evolution of Panchayati Raj in India, 73rd Constitutional Amendment Act, three tier of Panchayati Raj, etc.

This article will provide key insights for GS Paper-II of Polity and Governance of UPSC IAS Exam.

Table of Content

• What is Panchayati Raj System?
• History of Panchayati Raj in India
• Balwant Rai Mehta Committee for Panchayati Raj institutions in India
• Ashok Mehta Committee for Panchayati Raj institutions in India
• G V K Rao Committee for Panchayati Raj institutions in India
• L M Singhvi Committee for Panchayati Raj institutions in India
• 73rd Constitutional Amendment Act of 1992
• Flow chart of Panchayati Raj system
• Features of the73rd Constitutional Amendment Act 1992
• List of Eleventh Schedule
• Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
• Reasons for ineffective performance
• Conclusion
• Frequently Asked Questions

What is Panchayati Raj System?

• The Panchayati Raj System refers to the system of local self-government in rural areas of India, specifically villages as against the urban and suburban municipalities.
• The Panchayati Raj system in India is laid down under 73rd Constitutional Amendment Act of 1992.
• Panchayati Raj committee formed for this: Balwant Rai Mehta Committee; Ashok Mehta Committee; G V K Rao Committee and L M Singhvi Committee.
  • Balwant Rai Mehta Committee was the first Committee whose recommendations were accepted to form Panchayati Raj System in India.
• 24th April each year is celebrated as the Panchayati Raj day in India
  • Itis also known as National Panchayati Raj Day or Panchayati Raj Diwas.
• The Ministry of Panchayati Raj look into all the matter of Panchayati Raj System in India.
• The National Institute of Rural Development and Panchayati Raj builds capacities of rural development functionaries, elected representatives of PRIs and other stakeholders through training, research and consultancy.
• The objective of Panchayati Raj is to develop local self-governments in districts, zones and villages of India.
• The Panchayati Raj is based on the ideology of Mahatma Gandhi.

History of Panchayati Raj in India:

• The Panchayati Raj started in India since 2^nd October 1959.
• Rajasthan was the first state to establish this system in1959.
  • Later, Andhra Pradesh adopted this system in 1959.
• There were differences amongst states with regard to the number of tiers, position of samiti and parishad, tenure, composition, functions, nyaya panchayats etc.

Balwant Rai Mehta Committee for Panchayati Raj institutions in India:

• Established to examine and suggest measures for better function of the Community Development Programm and the National Extension Service.
  • Balwant Rai Mehta is also known as the father of Panchayati Raj.
• It had recommended the scheme of ‘democratic decentralisation’ which later became Panchayati Raj.
• Recommendations:
  • The Panchayati Raj system consists of three tiers: Gram Panchayat, Panchayat Samiti, and Zila Parishad.
  • The Gram Panchayat is formed by directly elected representatives, while the Panchayat Samiti and Zila Parishad have indirectly elected representatives.
  • The main objectives of the Panchayati Raj system are planning and development.
  • The Panchayat Samiti serves as the executive body, while the Zila Parishad acts as the advisory and supervisory body.
  • The Zila Parishad is chaired by the District Collector.
  • Allocate resources to support the system in fulfilling its duties and responsibilities.
• The National Development Council did not insist on a uniform pattern throughout the country and states were free to deicide their own patterns suitable to local conditions.

Ashok Mehta Committee for Panchayati Raj institutions in India:

• Established to examine and suggest measures to revive and strengthen the Panchayati Raj system in India.
• Recommendations:
  • A more efficient 2-tier system should replace 3- tier system.
  • The levels of Panchayati Raj should consist of the Zila Parishad at the district level and the Mandal Panchayat that represents a group of villages.
  • The Zila Parishad will serve as the executive body responsible for district-level planning and supervision.
  • Both the Zila Parishad and the Mandal Panchayat should have the authority to levy taxes to generate their own financial resources.
• The Panchayati Raj system in West Bengal follows its recommendations.
• Karnataka and Andhra Pradesh are the other 2 only states that has accepted its recommendations.

G V K Rao Committee for Panchayati Raj institutions in India:

• Established to review the existing Administrative Arrangements for Rural Development and Poverty Alleviation Programmes.
• Recommendations:
  • The Zila Parishad should be the keystone for democratic decentralization.
  • The Zila Parishad should oversee and administer developmental programs at the district level.
  • The district and the lower levels of the Panchayati Raj system should be assigned the specific tasks such as planning, implementing, and monitoring rural developmental programs.
  • The District Development Commissioner should be established to serve as the chief executive officer of the Zila Parishad.
  • Regular elections should be conducted at all levels of the Panchayati Raj system to ensure effective governance.

L M Singhvi Committee for Panchayati Raj institutions in India:

• Established to revitalise Panchayati Raj System for better democracy and development.
• Recommendations:
• The Panchayati Raj systems should be given the constitutional recognition.
• The constitutional provisions should be provided to ensure free and fair elections of such systems.
• Reorganize villages to enhance the viability of the gram panchayat.
• Allocategreater financial resources to village panchayats for their activities.
• Establish judicial tribunals in each state to handle election-related matters and other issues such as the functions of Panchayati Raj System.

73rd Constitutional Amendment Act of 1992:

• The Constitution was amended to include Part IX– “The Panchayats,” and the EleventhSchedule comprising 29 functions of the panchayats.
  • This is also known as Panchayati Raj Act.
• Article related to Panchayati Raj: Article 243 to Article 243 O contained in Part IX of the Constitution.
• It was introduced to give effect to Article 40, which emphasizes the establishment of village panchayats as self-governing bodies.
• The Act made Panchayati Raj systems enforceable under the Constitution, requiring states to adopt the system and ensure independent elections for them.
• 2 parts: compulsory and voluntary.
  • The compulsory provisions, including the establishment of new Panchayati Raj systems, must be incorporated into state laws.
  • The voluntary provisions are left for the discretion of the state government.
• It established democratic institutions at the grassroots level and transformed representative democracy into participatory democracy.

Flow chart of Panchayati Raj system:

Features of the 73rd Constitutional Amendment Act 1992:

• Gram Sabha: Consists of all the registeredvoters in the panchayat’s area.
  • Ithas the authority to exercise powers and perform functions as determined by the state legislature.
• 3 tier system of Panchayati Raj: In the states consisting of the village, intermediate, and district levels.
  • States with a population of less than 20 lakhs may or may not have an intermediate level.
• Election of members and chairperson: Members at all level should be electeddirectly, while the chairpersons at the intermediate and district levels should be elected indirectly from amongst the elected members.
  • The Panchayati Raj election process for the village-level Chairperson is determined by the state legislatures.
  • The Chairperson of a Panchayat and other members of a Panchayat have the right to vote in Panchayat meetings.
• Reservation of seats: Provided for Scheduled Castes (SC) and Scheduled Tribes (ST) at all three-tier system of Panchayati Raj, in proportion to their populationpercentage.
  • Women must have at least one-third of the total seats reserved for them, including the positions of chairperson at all levels.
  • The state legislatures can decide on reservations for backward classes.
• Duration of Panchayat: All levels of the Panchayat hold a 5-year term of office, although the Panchayat may be dissolved before completion.
  • In case of dissolution, fresh elections must be conducted within six months.
• Disqualification: Is determined by laws created by the state legislature.
  • Age is not a disqualification criterion if he is above 21 years old but below 25 years.
  • The state legislatures are responsible for resolving all questions regarding disqualification.
• State election commission: Oversees the preparation of electoral rolls and conducts Panchayat elections.
  • The state legislature can make provisions regarding all election-related matters.
• Powers and Functions of Panchayati Raj: State legislature may empower the Panchayats with necessary authority for self-governance including economic development and social justice planning, implementation of relevant schemes, and 29 matters listed in the 11^th Schedule.
• Finances: The state legislature can authorize Panchayats to levy taxes, assign taxes collected by the state government, provide grants-in-aid, and establish funds for managing Panchayat finances.
• Finance Commission: State finance commission reviews the financial status of Panchayats and provides recommendations to enhance their resources.
• Audit of Accounts: State legislature can establish provisions for maintaining and auditing Panchayat accounts.
• Application to Union Territories: The President can direct the application of the Act’s provisions to any union territory with certain exceptions and modifications.
• Exempted states and areas: The Act does not apply to Nagaland, Meghalaya, Mizoram, and other areas, including scheduled areas, tribal areas, the hill area of Manipur with a district council, and the Darjeeling district of West Bengal with Gorkhaland Territorial Administration (GTA).
• Continuance of existinglaw: State laws regarding Panchayats will remain in force until oneyear after the Act’s commencement.
  • States must adopt the new Panchayati Raj system within this one-year period.
• Bar to interference by courts: The Act prohibits courts from intervening in Panchayatelectoral matters.
  • The validity of laws related to constituency delimitation and seat allotment cannot be questioned in court.
  • Election-related matters can only be challenged through an election petition filed before the designated authority, as specified by the state legislature.

List of Eleventh Schedule:

• 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
• Fisheries
• Social forestry and farm forestry
• Minor forest produce
• Small-scale industries, including food processing industries
• Khadi, village and cottage industries
• Rural housing
• Drinking water
• Fuel and fodder
• Roads, culverts, bridges, ferries, waterways and other means of communication
• Rural electrification, including distribution of electricity
• Non-conventional energy sources
• Poverty alleviation programme
• Education, including primary and secondary schools
• Technical training and vocational education
• Adult and non-formal education
• Libraries
• Cultural activities
• Markets and fairs
• Health and sanitation including hospitals, primary health centres and dispensaries
• Family welfare
• Women and child development
• Social welfare, including welfare of the handicapped and mentally retarded
• Welfare of the weaker sections
• Public distribution system
• Maintenance of community assets.

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996:

• As 5^th Schedule areas are exempted from the provisions of Part IX, parliament later enacted the Panchayats (Extension to the Scheduled Areas) Act to extend this Part to those areas with modifications and exceptions.
• It is also known as the PESA Act or the extension act.
• Objectives of the PESA Act:
  • To apply the provisions of Part IX to the scheduled areas.
  • To establish self-governance for the tribal population.
  • To promote village governance based on participatory democracy.
  • To develop participatory governance that respects traditional practices.
  • To protect and uphold the traditions and customs of the tribal population.
  • To empower panchayats with authority that caters to the needs of the tribal communities.
  • To prevent higher-level panchayats from usurping the powers and authority of lower-level panchayats.

Reasons for ineffective performance:

• Inadequate devolution of power: Several states have not taken sufficient measures to delegate functions, funds, and functionaries to the Panchayati Raj.
  • Only a few states have implemented the recommendationsof State Finance Commissions (SFCs).
• Excessive control by bureaucracy: Gram Panchayats are subordinated in some states.
  • Result: Sarpanches of Gram Panchayats have to spend much time visiting Block Offices to obtain funds or technical approval.
• Restrictions on fund usage: the designated activities under specific schemes are not always suitable for all parts of the district, leading to the promotion of unsuitable activities or underutilization of funds.
• Heavy reliance on government funding: the Panchayats’ has an overwhelming dependence on governmentfunding.
  • Result: less incentive for people to demand a social audit.
• Hesitance to exercise fiscal powers: very few Panchayats utilize their fiscal powers to impose and collect taxes as levying taxes within their own constituency is challenging, especially when they reside in the same community.
• Status of the Gram Sabha: many state acts do not specify the powers of Gram Sabhas, nor have procedures for their proper functioning.
• Creation of parallel bodies: Parallel Bodies (PBs) are frequently established to expedite implementation and enhance accountability.
  • PBs undermine morale of Panchayats due to superior resource allocation.
• Inadequate infrastructure: many Gram Panchayats do not have a full-time Secretary, and many of them lack basic office buildings.
  • There is a deficiency in databases for planning, monitoring, and other purposes.

Conclusion

The system of Panchayati Raj involves local self-governments in districts, zones and villages of India, which are the three tier Panchayati Raj system. Article of Panchayati Raj ranges from Article 243 to Article 243 O. The importance of Panchayati Raj is that it have propelled India towards a ‘multi–level federalism. Prior to the amendments, the democratic structure in India was limited to the two houses of Parliament, state assemblies, and specific union territories. The current system has extended governance and resolution of issues at the grassroots level throughout the country. However, there are additional challenges that need to be addressed.

Ref: Source-1

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