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Introduction

The Panchayats were in existence from 1960s. But they received constitutional status by the 73rdconstitutional amendment act of 1992. It was created by respective state legislature acts so as tofunction democracy from grass root level, so it’s the prime necessity of democracy to develop ruralareas.

Some facts

Rajasthan was the first state to establish Panchayti Raj. It was inaugurated by the PrimeMinister on October 2, 1959 in Nagaur district.

Second state to establish Panchayati Raj was Andhra Pradesh. (1959).

Panchayat System

At village level

The panchayat at district level

The panchayat between village and district level who’s population is more than 20 lakhs.

Evolution of Panchayat Raj

Sr.No.

Committee Year offormation

Recommendation

1. Balwant RaiMehta Committee

January 1957 Recommended the establishment of the scheme ofdemocratic decentralization which ultimately came toknown as Panchayati Raj.

2. AshokMehta Committee

December 1977 Two tier system of Panchayati Raj instead of threetier system of Panchayati Raj.It should consist of zilaparishad at the district level & mandal panchayatconsisting of a group of villages with total population of15,000 to 20,000.

3. GVKRao Committee

1985 Came out with the finding that developmentalprocess was gradually bureaucratized and divorcedform the Panchayati Raj.

4. L MSinghvi Committee

1986 Panchayats should be given constitutional status.

Structure

All the members of panchayat are elected by peoples directly.

Chairpersons of the panchayats at the intermediate and district levels shall be elected indirectly– by and from amongst the elected members therof.

Chairperson of a panchayat at the village level shall be elected in such a manner as the statelegislature determines.

Reservation1. FOR WOMEN1/3rd seats are reserved for women including the number of seats reserved for women belonging to STand STs.2. FOR SC AND STsThe reservation for SC and NTs is according to the popullaton in that area.

Note: Also, a state has been given power to reserve seats in any panchayat or offices of chairperson inthe panchayat at any level for backward classes.

POWER OF STATE LAGISLATUREThe state can provide reservation for the office of chairperson in panchayat or the village and otherlevel in fervor of backward class.

QUALIFICATION OF MEMBERPerson must have completed 21 years of his age ( Note: for state legislature its 25 years)

ELECTIONS OF PANCHYATS

Article 243k deals with the free and fair elections of Panchayats

Elections of panchayats are carried out by state election commission. The state electioncommissioner is appointed by governor of the concerned state.

Duration of Panchayats

Panchayat at each level (i.e. district, intermediate & village level) has a duration of five years.(fresh elections for the offices should be held before expiry of the duration of five years)

It can be dissolved before expiry of its term. (fresh elections in such a case should be heldbefore the expiry of six months from the date of its dissolution.

Powers and Functions of PanchayatsAll the powers & functions of panchayats are made by respective state governments.

Power of Panchayats in relations to financeThe state legislature (may) gives power to the panchayts to collect, levy the appropriate tax duties.

Finance CommissionGovernor constitutes a finance commission (after every 5 years), to review the financial position of thepanachayats.

Committee gives the following recommendation to the governor.

Tax distribution between state and the panchayats.

Check the duties, taxes, tolls and fees which are assigned to the panchayats.

Determine the grant in aids to the panchayats.

Determine the things needed to improve the finance of the panchayats.

Eleventh Schedule

There are 29 functional items placed within the purview of panchayats:1. Public distribution system.2. Social welfare, including welfare of the handicapped, and mentally retarded.3. Family welfare.4. Market and fairs5. Libraries6. Technical training and vocational education7. Poverty elevation program8. Rural electrification, including distribuation of electricity.9. Fuel and fodder10. Rural housing11. Small scale industries, including food producing industries.12. Social forestry and farm forestry.13. Animal husbandry, dairying, and poultry.14. Land improvement, implementation of land reforms, land consolidation and soil conservation.15. Maintenances of community assets16. Welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes.17. Women and child development.18. Health and sanitation including hospitals, primary health centers and dispensaries.19. Cultural activities20. Adult and non formal education21. Education including primary and secondary schools22. Non convention energy sources.23. Roads, culverts, bridges, ferries, waterways, and other ways of communication24. Drinking water25. Khadi, village and cottage industries

26. Minor forests products27. Fisheries28. Minor irrigation , water management, and watershade development. Agriculture includingagricultural extension.

COURTS INTERFARANCES

Under the article 329, courts have no jurisdiction to find the validity of law, relating to theallotment of seats, delimitation of constituencies, etc.

Court can’t question those matters related to election in panchayats.

73rd Amendment Act of 1992

This amendment act gave constitutional status to panchayat raj institutions.

Previously, creation of panchayats & its elections depended on the will of state government.Now, this amendment act had put an obligation on the state government about creation & therelated elections.

Changes brought to the constitution:

1. Added Part IX to constitution.

2. Added eleventh schedule to constitution which has 29 functional items of the panchayats.

This amendment act gave effect to article 40 of the constitution which is actually in the directiveprinciples. It states that state shall take steps to organize village panchayats and endow themwith such powers and authority as may be necessary to enable them to function as units ofselfgovernment.

It has divided the provisions into two types:

1. compulsory (these provisions are compulsory in nature & each state has to make rules so asto give effect to these provisions). They are:a. Constitute a state finance commission every five years.b. Fixing tenure of five years for panchayatsc. Reservation of seats for SCs & STs in panchayats at the three levels.d. Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.e. Establishment of panchayats at the village, intermediate and district levels.f. Organisation of Gram sabha in a village or group of villages.g. Direct elections to all seats in panchayats.h. 21 years to be the minimum age for contesting elections to panchayats.i. Reservation of one-third seats for womenj. Establishment of a state election commission for conducting elections to the panchayats.

2. voluntary (These provisions are not compulsory in nature & each state according to itsconditions on will can make or forbid to make rules to give effect to these provisions). Theyare:a. Granting financial powers to the panchaytsb. Granting powers and authority to the panchayts to enable them to function as institutions of self-governmentc. Giving representation to members of the Parliament (both the Houses) and the state legislature (boththe houses) in the panchayats at different levels falling within their constituencies.

d. Devolution of powers and responsibilities upon panchayats to prepare plans for economicdevelopment and social justice.e. Providing reservation of seats for backward classes in the state at any level.

GRAM SABHA

Gram sabha is a basic foundation of panchayats.

Members of gram sabha include all the people in the area registered in the voter list.

Functions of gram sabha differ from state to state i.e. the functions of the gram sabha aredecided by the concerned state legislature.

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